Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 13, 1992 and adjourned Friday, March 31, 1992, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1992 and special session of 1991 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 13, 1992 through March 23, 1992. Volume II contains March 24, 1992 through March 31, 1992 regular session and August 19, 1991 through September 5, 1991 special session.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 13, 1992 and adjourned Friday, March 31, 1992
VOLUME I
1992 Atlanta, Ga. Printed on Recycled Paper

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1991-1992
THOMAS B. MURPHY .......................................................................Speaker
18th DISTRICT, HARALSON COUNTY
JACK CONNELL .................................................................Speaker Pro Tern
87th DISTRICT, RICHMOND COUNTY
ROBERTE. RIVERS, JR.........................................................................Clerk
HARALSON COUNTY
CAROLYN B. PETTUS ..........................................................Assistant Clerk
GWINNETT COUNTY
JANE C. MAYO ...........................................................................Journal Clerk
COBB COUNTY
ELMOREC. THRASH.....................................................................Messenger
LOWNDES COUNTY
BEN JESSUP...................................................................................Doorkeeper
BLECKLEY COUNTY

MONDAY, JANUARY 13, 1992

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia Monday, January 13, 1992

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 Ashe Atkins Baker Balkcom Barfoot Bargeron Barnett.B Barnett.M Bates Beatty Benefield Birdsong Bordeaux Bostick Branch Breedlove Brooks Brown
Brush
Buck
Buckner
Byrd Lampbell
r \,
Carte"
Cauthorn
Chafin
Chambless
Cheeks
Clark,E

Clark,L Coker Coleman Colwell Connell Culbreth Cummings.B Cummings.M Davis.D Dixon.H Dixon.S Dobbs Dover Dunn Edwards Elliott Felton Fennel Floyd,J.M Floyd,J.W
Flynt
Godbee
Golden
Greene Groover
Hamilton
Hammond
Hanner
Harris,B
Harris.J
Heard
Henson

Herbert Holland Holmes Howard Hudson Irwin Jackson Jamieson Jones Kilgore King Kingston Klein Ladd Lane.D Lane.R Langford Lawrence Lawson Lee
Long
Lord
Lucas
Mann Martin
McBee
McCoy
McKelvey
McKinney.B
McKinney.C
Meadows
Merritt

Milam Mills Mobley Moody Morsberger Moultrie Mueller Oliver.C Oliver.M Orr Orrock Padgett Parrish Pelote Perry Pettit Pinholster Pinkston Poag Porter
Powell,A
Powell.C
Purcell
Randall Reaves
Redding
Ricketson
Royal
Selman
Sherril!
Simpson
Sinkfield

Skipper Smith.L Smith,? Smith,W Snow Stancil.F Stancil.S Stanley Streat Taylor Teper Thomas,C Thomas,M Thomas,N Thurmond Titus Tolbert Townsend Turnquest Twiggs
Valenti
Vaughan
Walker,J
Walker.L Wall
Watson
Watts
Wilder
Williams.B
Williams.R
Yeargin
Murphy.Spkr

The following members were off the floor of the House when the preceding roll was called:
Representatives Alford of the 57th, Davis of the 45th, Jenkins of the 80th, Poston of the 2nd, Goodwin of the 63rd, Griffin of the 6th, Smith of the 152nd and White of the 132nd.
They wish to be recorded as present.

Prayer was offered by the Reverend Richard E. (Dick) Barrett, First Baptist Church, Bremen, Georgia.

The members pledged allegiance to the flag.

2

JOURNAL OF THE HOUSE,

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.

The following communications were received:

OFFICE OF THE GOVERNOR State Capitol, Atlanta, Georgia 30334
Memorandum

To:

House, Senate and Secretary of State

From: Cindy Wright

Subject: Line Item Vetoes in House Bill 1 EX, Act EX 1

Date: September 5, 1991

Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 1 EX, Act EX 1:
Section 59, Page 65, first paragraph beginning, "It is the intent....." (Lines 14 through 18)
Section 62, Page 69, first paragraph (Lines 7 through 19)
Section 68, Page 73, paragraph i.) (Lines 3 through 5)
Section 76, Page 76
Section 80, Page 79
CDW/clb Attachment

TO: FROM:

House of Representatives Atlanta, Georgia October 23, 1991 MEMORANDUM
Each House Member Thomas B. Murphy

MONDAY, JANUARY 13, 1992
Attached is a copy of Mr. Glenn Ellard's resignation letter.
It is my intention to appoint Robert E. Rivers, Jr. as the next Clerk of the Georgia House of Representatives, to fill the vacancy that will be left by Mr. Ellard's resignation, effective December 31, 1991.
lit
Enclosure
House of Representatives Atlanta, Georgia 30334
September 30, 1991
Honorable Thomas B. Murphy, Speaker House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
After four years as a State Senator and thirty-three exciting years as Clerk of the Georgia House of Representatives, I have decided to pass along the honored trust and responsibilities as Clerk and allow a younger man to assume the duties of this office.
It has been a privilege to serve the State of Georgia during a time when many historical decisions were required of this Body. I appreciate the support given by you and the members and it is my belief that we have established a legacy which our successors can be proud of and continue to build upon.
I have met many fine and distinguished members and made a great number of close and cherished friends. I will miss you all and I shall never forget the friendships and wonderful experiences of these many years.
Therefore, I respectfully submit herewith my resignation as Clerk of the Georgia House of Representatives to be effective December 31, 1991.
Sincerely Yours, /s/ Glenn W. Ellard
GWE/acc
House of Representatives Atlanta, Georgia
December 31, 1991
Mr. Paul Lynch Legislative Fiscal Office Georgia General Assembly 434 State Capitol Atlanta, Georgia 30334
Dear Paul:
Pursuant to Section 28-3-20 of the Official Code of Georgia Annotated, I am this date appointing Robert E. Rivers, Jr. as Clerk of the House of Representatives to succeed and serve for the unexpired term of Glenn W. Ellard, who resigned effective December 31, 1991.

JOURNAL OF THE HOUSE,

Sincerely, Is/ Thomas B. Murphy
TBM/tt
cc: The Honorable Zell Miller, Governor The Honorable Pierre Howard, Lieutenant Governor The Honorable Max Cleland, Secretary of State Mr. Hamilton McWhorter, Secretary of the Senate Office of the Clerk, Georgia House of Representatives Mr. Sewell Brumby, Legislative Counsel

OATH
State of Georgia County of Fulton
I, Robert E. Rivers, Jr., do solemnly swear that I shall discharge the duties of the office of Clerk of the Georgia House of Representatives faithfully and to the best of my skill and knowledge.
I further swear that I am not the holder of any unaccounted for public money due the state, and I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding. I swear that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.
I further swear that I will support the Constitution of the United States and the Constitution of Georgia, and that I am not a member of the Communist Party.
This 31st day of December, 1991.
M Robert E. Rivers, Jr.
Sworn to and subscribed before me this 31st day of December, 1991.
Is/ Thomas B. Murphy Speaker Georgia House of Representatives

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the death of Honorable J. Crawford Ware, the member of the House, District 77; and

WHEREAS:

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

WHEREAS:

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

WHEREAS:

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

MONDAY, JANUARY 13, 1992

5

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

ORDERED:

That a writ of election to fill the vacancy in the House of Representatives, District 77, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representatives from District 77 shall be held on the 8th day of October, 1991, pursuant to the Constitution and Laws of the State of Georgia.

This 21st day of August 1991.

/s/ Zell Miller GOVERNOR

ATTEST:

/s/ Keith W. Mason EXECUTIVE SECRETARY

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of Honorable Herman Clark, the member of the House, District 20, Post 3; and

WHEREAS:

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

WHEREAS:

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

WHEREAS:

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

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

ORDERED:

That a writ of election to fill the vacancy in the House of Representatives, District 20, Post 3, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representatives from District 20, Post 3 shall be held on the 5th day of November, 1991, pursuant to the Constitution and Laws of the State of Georgia.

This 13th day of September 1991.

JOURNAL OF THE HOUSE,

ATTEST:
/s/ Keith W. Mason EXECUTIVE SECRETARY

/s/ Zell Miller GOVERNOR

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334-1505
October 16, 1991
The Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard:
I am transmitting herewith the name of the Representative elected in the October 8, 1991 Special Election for the office of State Representative in the General Assembly of Georgia from District 77, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Max Cleland
Secretary of State
MC:HJL:bt
Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 8th day of October, 1991, in District 77 of the State House of Representatives, in Heard County and portions of Coweta and Troup Counties, to fill the vacancy existing due to the death of the Honorable J. Crawford Ware, show the following results:

DOCK H. DAVIS HARRELL LANDRETH YVONNE R. WHITE

COWETA 41 6 10

HEARD 907 96 42

TROUP 442 376 294

TOTAL 1390 478 346

Having received a majority of the votes cast, Dock H. Davis was duly elected to 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 October, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth.

MONDAY, JANUARY 13, 1992

7

(SEAL)

1st Max Cleland Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Dock H. Davis State Representative
Sworn to and subscribed before me, this 8th day of November, 1991.
/s/ William G. Lee, Jr. Judge, Superior Court, Coweta Judicial Circuit

House of Representatives Atlanta, Georgia
November 12, 1991
The Honorable Dock H. Davis Representative, District 77 160 Davis Street P. O. Box 728 Franklin, Georgia 30217
Dear Dock:
I am this date appointing you to serve on the following standing committees of the Georgia House of Representatives:
Natural Resources Special Judiciary Governmental Affairs
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM/tt
cc: Representative Robert Patten Chairman, Natural Resources
Representative William Randall Chairman, Special Judiciary
Representative Bob Holmes Chairman, Governmental Affairs

8

JOURNAL OF THE HOUSE,

House of Representatives Atlanta
November 12, 1991
Honorable Wesley Dunn Representative, District 73 P. O. Box 353 McDonough, Georgia 30253
Dear Wesley:
I am appointing you Chairman of the Insurance Committee, effective immediately.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:lj
cc: Each member of Insurance Committee Mr. Paul Lynch, Legislative Fiscal Office House Information Office

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334-1505
November 13, 1991
The Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard:
I am transmitting herewith the name of the Representative elected in the November 5, 1991 Special Election for the office of State Representative in the General Assembly of Georgia from District 20, Post 3, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Max Cleland
Secretary of State
MC:HJL:bt
Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 5th day of November, 1991, in District 20, Post 3 of the State House of Representatives, in Cobb

MONDAY, JANUARY 13, 1992

9

County, to fill the vacancy existing due to the resignation of the Honorable Herman Clark, show the following results:

Tom Cauthorn

7058

George H. McDonald -2119

Ken Parris

1800

Having received a majority of the votes cast, Tom Cauthorn was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 13th day of November, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Sixteenth.

(SEAL)

/s/ Max Cleland Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Tom Cauthorn State Representative
Sworn to and subscribed before me, this 9th day of December, 1991.
/s/ George Kreeger Judge, Superior Court Cobb Judicial Circuit

House of Representatives Atlanta, Georgia
November 15, 1991
Honorable Tom Bordeaux Representative, District 122 126 East Liberty Street Savannah, Georgia 31401-4411
Dear Tom:
Effective this date I am appointing you to the Judiciary Committee and removing you from the Natural Resources Committee.
Sincerely, /s/ Thomas B. Murphy

10

JOURNAL OF THE HOUSE,

TBM:ku
cc: Honorable Charles Thomas Honorable Robert Patten Mr. Paul Lynch House Information Office House Research Office Legislative Counsel

Speaker

House of Representatives Legislative Office Building, Room 511-D
Atlanta, Georgia 30334
December 9, 1991
The Honorable Thomas B. Murphy Speaker Georgia House of Representatives Georgia State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I regret to inform you of my resignation as the Representative from District 36, of the Georgia House of Representatives, effective December 13, 1991.
I have been honored to serve the citizens of my district and the state of Georgia. As you know, my public service career began in local government in 1986. Words can not express the satisfaction that I have received during my years of service. However, professional and family considerations dictate that I step down at this time. It is my hope to maintain an involvement in community and civic activities.
Thank you for your leadership and assistance during my service in the General Assembly.
Sincerely, /s/ Anthony Hightower
cc: Members of the General Assembly

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of Honorable Anthony Hightower, the member of the House, District 36; and

WHEREAS:

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

WHEREAS:

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

WHEREAS: Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which

MONDAY, JANUARY 13, 1992

11

date shall not be less than thirty nor more than sixty days after the issuance of said writ.

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

ORDERED:

That a writ of election to fill the vacancy in the House of Representatives, District 36, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representatives from District 36, shall be held on the 28th day of January, 1992, pursuant to the Constitution and Laws of the State of Georgia.

This 18th day of December 1991.

/s/ Zell Miller GOVERNOR

ATTEST:

/s/ Keith W. Mason EXECUTIVE SECRETARY

House of Representatives Atlanta, Georgia
December 24, 1991
The Honorable Bobby Lawson Representative, District 9, Post 2 P. O. Box 53 Gainesville, Georgia 30503
Dear Bobby:
Effective this date, I am appointing you Vice Chairman of the House Insurance Committee.
With best wishes and kindest personal regards, I am
Sincerely, /s/ Thomas B. Murphy
TBM/tt
cc: Honorable Wesley Dunn Mr. Paul Lynch, Fiscal Officer Mr Glenn Ellard, Clerk of the House Mr. Joe Brown, House Information Office Dr. Jim Mullins, House Research Office

House of Representatives Atlanta, Georgia
December 24, 1991
The Honorable Bill Cummings Representative, District 17 735 Morgan Valley Road Rockmart, Georgia 30153

12

JOURNAL OF THE HOUSE,

Dear Bill:
I am this date appointing you to the Appropriations Committee and removing you from the Transportation Committee.
With best wishes and kindest personal regards, I am
Sincerely, /s/ Thomas B. Murphy
TBM/tt
cc: Honorable Terry Coleman Honorable Jimmy Benefield Mr. Paul Lynch, Fiscal Officer Mr Glenn Ellard, Clerk of the House Mr. Joe Brown, House Information Office Dr. Jim Mullins, House Research Office

The General Assembly Atlanta
January 6, 1992
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE THIRD CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT THIRD DISTRICT STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purposes of:
(1) Filling the current vacancy in office of the member of the State Transportation Board from the Third Congressional District for the remainder of the unexpired term of office ending April 15, 1992; and
(2) Electing the member of the State Transportation Board from the Third Congressional District for a new term of office beginning April 16, 1992.
This caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Monday, January 13, 1992, at 3:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Third 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 Third Congressional District are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp

The General Assembly Atlanta
January 6, 1992
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE FOURTH CONGRESSIONAL DISTRICT

MONDAY, JANUARY 13, 1992

13

RE: CAUCUS TO ELECT FOURTH DISTRICT STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purposes of electing the member of the State Transportation Board from the Fourth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Monday, January 13, 1992, at 4:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Fourth 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 Fourth Congressional District are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp

MEMORANDUM
January, 1992
TO: Members of the General Assembly
FROM: Sewell R. Brumby, Legislative Counsel
RE: Election of Members of the State Transportation Board
The members of the Transportation Board 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. Election of board members in 1992 will be based on our existing congressional districts, since congressional reapportionment will not affect the Transportation Board until January, 1993. Generally, the procedure for holding the caucus is as follows:
(1) Call to order by the President of the Senate or the Speaker of the House, or on occasion by the Legislative Counsel. 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. After the chairman is elected, the opening presider steps down and the elected chairman presides for the remainder of the meeting.
(4) The newly elected caucus chairman then entertains nominations for secretary of the caucus.
(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. ***In the case of the Third Congressional District this year, the caucus must first elect a member to fill the remainder of the late Mr. Morast's unexpired term. The caucus must then hold a second election to fill the new term of office beginning April 16, 1992, or alternatively a motion could be made that the member elected to fill the vacancy be elected by acclamation to fill the new term of office.

14

JOURNAL OF THE HOUSE,

(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 Transportation Board member being succeeded, if present, 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.
(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.
SRB:jp
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 1100. By Representative Harris of the 84th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in McDuffie County during designated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1101. By Representative Harris of the 84th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the time for making tax returns in certain counties.
Referred to the Committee on State Planning & Community Affairs.
HB 1102. By Representative Lane of the 27th:
A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, Chapter 43 of Title 36 of the Official Code of Georgia Annotated, Chapter 44 of Title 36 of the Official Code of Georgia Annotated, and Chapter 61 of Title 36 of the Official Code of Georgia Annotated, so as to permit a downtown development authority to be designated as a redevelopment agency and as an urban redevelopment agency.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, JANUARY 13, 1992

15

HB 1103. By Representative Lane of the 27th:
A bill to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, so as to change the date upon which existing municipal and county ordinances or resolutions imposing development exactions for system improvements must be brought into conformance with the chapter.
Referred to the Committee on State Planning & Community Affairs.
HB 1104. By Representatives Lane of the 27th, Bostick of the 138th, Hamilton of the 124th and Harris of the 96th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to prohibit transporting a passenger under age 18 in the uncovered bed of a pickup truck on an interstate or four lane highway.
Referred to the Committee on Motor Vehicles.

HB 1105. By Representatives Lane of the 27th, Bostick of the 138th, Hamilton of the 124th and Pinkston of the 100th:
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 provide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor.
Referred to the Committee on Motor Vehicles.

HB 1106. By Representatives Lane of the 27th, Benefield of the 72nd, Barnett of the 10th, Smith of the 78th and Skipper of the 116th:
A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the ownership, operation, and maintenance by political subdivisions of airports in existence on July 1, 1992, either inside or outside the geographical boundaries of such political subdivision.
Referred to the Committee on State Planning & Community Affairs.

HB 1107. By Representative Greene of the 130th:
A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, the "Georgia Municipal Training Act," so as to designate existing Code Section 36-45-1 through 36-45-9 as Article 1; to provide for training classes for clerks of the governing authority of any municipality; to change the composition of the Board of the Georgia Municipal Training Institute; to provide for establishment of training classes for city clerks by the Carl Vinson Institute of Government.
Referred to the Committee on State Planning & Community Affairs.

HB 1108. By Representative Greene of the 130th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to provide that the chairperson and other members of the board shall not receive their monthly compensation under certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.

16

JOURNAL OF THE HOUSE,

HB 1109. By Representative Watson of the 114th:
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, electrical, and other codes, so as to change the definition of the term "state minimum standard codes".
Referred to the Committee on Industry.

HB 1110. By Representative McKinney of the 35th:
A bill to amend Code Section 48-5-346 of the Official Code of Georgia Annotated, relating to disapproval of certain tax digests by the state revenue commissioner, so as to provide for an exception to the withholding of certain funds.
Referred to the Committee on Ways & Means.

HB 1111. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1112. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating the office of commissioner of Catoosa County, so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1113. By Representative McKinney of the 35th:
A bill to amend Code Section 16-10-2 of the Official Code of Georgia Annotated, relating to the crime of bribery, so as to change the definition of the offense of bribery.
Referred to the Committee on Judiciary.

HB 1114. By Representative McKinney of the 35th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to authorize the creation of additional boards of equalization in each county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census.
Referred to the Committee on State Planning & Community Affairs.

HB 1115. By Representative McKinney of the 35th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain municipalities.
Referred to the Committee on Regulated Beverages.

MONDAY, JANUARY 13, 1992

17

HB 1116. By Representative McKinney of the 35th:
A bill to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to the administration of government generally, so as to provide that such power shall include the power to authorize any of the officers, agents, and employees of the municipal corporation to serve certain process, summons, notices, or orders.
Referred to the Committee on Judiciary.

HB 1117. By Representative McKinney of the 35th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to repeal certain provisions authorizing any county of this state having a population of not less than 400,000 nor more than 550,000 according to the United States decennial census of 1970 or any future such census to have additional boards of equalization.
Referred to the Committee on State Planning & Community Affairs.

HB 1118. By Representative McKinney of the 35th:
A bill to amend an Act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, so as to provide that certain appeals and assessment reviews shall be conducted in the manner specified by general law.
Referred to the Committee on State Planning & Community Affairs.

HB 1119. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Dobbs of the 74th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share of funding under the "Quality Basic Education Act," so as to change the provisions relating to the limitation on local fair share funds.
Referred to the Committee on Education.

HB 1120. By Representative McKinney of the 35th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from prohibitions against carrying a concealed weapon, carrying a deadly weapon to a public gathering, and carrying a pistol without a license, so as to provide that such exemptions shall extend to solicitors of state courts, investigators employed by a solicitor's office, and assistant solicitors.
Referred to the Committee on Public Safety.

HB 1121. By Representatives Thomas of the 69th, Twiggs of the 4th and Chambless of the 133rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to authorize the electronic reporting of convictions by courts to the Department of Public Safety.
Referred to the Committee on Judiciary.

18

JOURNAL OF THE HOUSE,

HB 1122. By Representative Barnett of the 59th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs.
Referred to the Committee on Motor Vehicles.

HB 1123. By Representative Lawson of the 9th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties, so as to authorize a taxpayer who is not satisfied with the decision of the county board of equalization to refer the matter to arbitration.
Referred to the Committee on Ways & Means.

HB 1124. By Representative Lawson of the 9th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and the duties of such boards, so as to provide that the county board of tax assessors shall be required to utilize the county property appraisal staff and shall be prohibited from expending county funds for the services of consultants or outside real estate appraisers in the production or rebuttal of evidence.
Referred to the Committee on Ways & Means.

HB 1125. By Representatives Poston of the 2nd, Fennel of the 155th, Orr of the 9th, Meadows of the 91st, Smith of the 16th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in government service and the disclosure of campaign contributions and expenditures; to create the State Ethics Commission; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain provisions relating to lobbying.
Referred to the Committee on Judiciary.

HB 1126. By Representatives Coleman of the 118th, Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend an Act providing appropriations for State Fiscal Year 1991-1992 known as the "General Appropriations Act" in order to make and provide additional appropriations totaling $10.00.
Referred to the Committee on Appropriations.

HB 1127. By Representatives Coleman of the 118th, Murphy of the 18th, Walker of the 115th, Colwell of the 4th, Holmes of the 28th and others:
A bill to amend an Act providing appropriations for State Fiscal Year 1991-1992 known as the "General Appropriations Act" in order to make and provide additional appropriations totaling $15.00.
Referred to the Committee on Appropriations.

MONDAY, JANUARY 13, 1992

19

HB 1128. By Representative Moultrie of the 93rd:
A bill to amend an Act placing the coroner of Harris County upon a monthly salary, so as to change the salary of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1129. By Representatives Coleman of the 118th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Buck of the 95th and others:
A bill to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to compensation of public officers, so as to provide by law for the compensation of certain state officials whose compensation was previously fixed in some other manner.
Referred to the Committee on Appropriations.

HB 1130. By Representative McKinney of the 35th:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of commissioners of housing authorities, so as to provide that in certain municipalities four commissioners shall be appointed by the governing authority of the city and four commissioners shall be elected by tenants of the authority.
Referred to the Committee on State Planning & Community Affairs.

HB 1131. By Representative Smith of the 78th:
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 authorize the governing authority of each county or municipality which provides for collection and payment of certain ad valorem taxes in installments to specify certain dates upon which such taxes become due and payable.
Referred to the Committee on Ways & Means.

HB 1132. By Representative Dobbs of the 74th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that certain policies of accident and sickness insurance include coverage for secondary conditions and treatment attributable to the primary medical condition of cleft lip and cleft palate.
Referred to the Committee on Insurance.

HB 1133. By Representative Smith of the 78th:
A bill to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding state income taxes, so as to change the definition of a taxable nonresident.
Referred to the Committee on Ways & Means.

20

JOURNAL OF THE HOUSE,

HB 1134. By Representatives Kingston of the 125th and Merritt of the 123rd:
A bill to amend Code Section 12-5-285.1 of the Official Code of Georgia Annotated, relating to the leasing of state owned marshland or water bottoms, so as to delete the requirement that any such lease prohibit the owners of boats docked at any marina constructed pursuant to such lease from living aboard their vessels.
Referred to the Committee on Natural Resources & Environment.

HB 1135. By Representatives Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to specify the location for placement of revalidation decals.
Referred to the Committee on Motor Vehicles.

HB 1136. By Representatives Chafin of the 72nd, Lee of the 72nd, Benefield of the 72nd, Buckner of the 72nd and King of the 72nd:
A bill to amend Code Section 17-7-70 of the Official Code of Georgia Annotated, relating to trial upon accusations in felony cases where the defendant has waived indictment by the grand jury, so as to provide for trial upon accusations in certain felony cases without the necessity of waiving indictment by grand jury.
Referred to the Committee on Judiciary.

HB 1137. By Representatives Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to prohibit covering the headlights of any motor vehicle with any type of material.
Referred to the Committee on Motor Vehicles.

HB 1138. By Representatives Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide an exemption from obtaining a Georgia driver's license for migrant farm workers under certain conditions.
Referred to the Committee on Motor Vehicles.

HB 1139. By Representative Barnett of the 59th:
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 ages at which an instruction permit and a driver's license may be issued.
Referred to the Committee on Motor Vehicles.

HB 1140. By Representative Barnett of the 59th:

A bill to amend Title 35 of the Official Code of Georgia Annotated, relating

to law enforcement officers and agencies, so as to authorize any law enforce-

ment agency of a county or municipality to employ police paraprofessionals

to perform certain law enforcement functions, provided that such police

paraprofessionals have successfully completed at least 200 hours of instruc-

tion and have been certified as police paraprofessionals by the Georgia Peace

Officer Standards and Training Council.

N

Referred to the Committee on Public Safety.

MONDAY, JANUARY 13, 1992

21

HB 1141. By Representative Barnett of the 59th:
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 therapeutic sexual battery.
Referred to the Committee on Judiciary.

HB 1142. By Representative Barnett of the 59th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to define certain terms; to provide equal access to public safety answering points for all Georgians.
Referred to the Committee on Industry.

HB 1143. By Representative Barnett of the 59th:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to prohibit the sale and use of radar detectors.
Referred to the Committee on Public Safety.

HB 1144. By Representatives Randall of the 101st and Redding of the 50th:
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 clarify the definition of pledged goods as it relates to a motor vehicle and motor vehicle certificates of title.
Referred to the Committee on Special Judiciary.

HB 1145. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain fees for motor vehicle special and prestige license plates; to change certain fees for a motor vehicle title; to provide for an additional impact fee for vehicles previously titled outside this state; to change certain fees for driver's licenses, probationary licenses, instruction permits, and identification cards; to change certain reinstatement fees.
Referred to the Committee on Motor Vehicles.

HB 1146. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:

A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official

Code of Georgia Annotated, relating to the imposition, rate, collection, and

assessment of the state sales and use tax, so as to provide for a limitation

on the amount of the reimbursement deduction allowed to dealers for collect-

ing such tax.

,

Referred to the Committee on Ways & Means.

22

JOURNAL OF THE HOUSE,

HB 1147. By Representatives Tolbert of the 58th, Stancil of the 8th, Elliott of the 103rd, Titus of the 143rd, Lawrence of the 49th 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 a temporary exemption of certain sales of new motor vehicles.
Referred to the Committee on Ways & Means.

HB 1148. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Hamilton of the 124th:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and membership of the Public Service Commission, so as to increase the special fee paid by public service corporations and utilities which are subject to the jurisdiction of the Public Service Commission.
Referred to the Committee on Industry.

HB 1149. By Representatives Thomas of the 69th, Simpson of the 70th and Pettit of the 19th:
A bill to amend Code Section 15-21-94 of the Official Code of Georgia Annotated, relating to assessment and collection of sums for the county jail fund, so as to provide for the assessment and collection of funds to be paid over to the governing authority of the county with which the city has contracted.
Referred to the Committee on Judiciary.

HB 1150. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to authorized types of service cancelable educational loans, so as to include selected degree programs in gerontology and geriatrics as educational fields of study approved for service cancelable loans.
Referred to the Committee on University System of Georgia.

HB 1151. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Taylor of the 94th, Harris of the 96th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Springer Opera House as the official Georgia state theater.
Referred to the Committee on State Institutions & Property.

HB 1152. By Representatives Abernathy of the 39th, Turnquest of the 56th, Oliver of the 53rd, Orrock of the 30th, Thomas of the 31st and others:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to the possession, manufacture, or distribution of controlled substances or marijuana, so as to prohibit the prosecution of a drug addicted female for the offense of distributing a controlled substance to her unborn child.
Referred to the Committee on Special Judiciary.

MONDAY, JANUARY 13, 1992

23

HB 1153. By Representatives McKinney of the 35th, Fennel of the 155th, Coleman of the 118th, Aiken of the 21st and Hamilton of the 124th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to change the purpose for which excess campaign contributions may be used; to change the maximum contributions which may be made to certain candidates and change the candidates to which such limitations apply.
Referred to the Committee on Judiciary.

HB 1154. By Representatives Abernathy of the 39th, Randall of the 101st, Thurmond of the 67th, Martin of the 26th and Goodwin of the 63rd:
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 1155. By Representatives Vaughan of the 20th, Aiken of the 21st, Kilgore of the 42nd, Cummings of the 17th and Clark of the 20th:
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 provide for an exemption from state sales and use taxation for certain sales by an elementary or secondary school or by a club, organization, or group sponsored by or associated with an elementary or secondary school.
Referred to the Committee on Ways & Means.

HB 1156. By Representatives Streat of the 139th, Twiggs of the 4th, Dobbs of the 74th, Dover of the llth, Coleman of the 118th and others:
A bill to amend Code Section 16-11-100 of the Official Code of Georgia Annotated, relating to the offense of failing to remove the lid, door, or locking device from certain abandoned, unattended, or discarded containers, so as to define the offense of leaving in a place accessible to children a motor vehicle which cannot easily be opened from the inside; to amend Code Section 43-48-11 of the Official Code of Georgia Annotated, relating to investigation of complaints, so as to provide for the suspension, revocation, or refusal to renew such license.
Referred to the Committee on Motor Vehicles.

HB 1157. By Representatives Poston of the 2nd, McCoy of the 1st, Perry of the 5th, Snow of the 1st and Poag of the 3rd:
A bill to amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.
Referred to the Committee on State Planning & Community Affairs.

24

JOURNAL OF THE HOUSE,

HB 1158. By Representatives Poston of the 2nd, Perry of the 5th, Snow of the 1st, McCoy of the 1st and Poag of the 3rd:
A bill to amend an Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this state having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.
Referred to the Committee on State Planning & Community Affairs.

HB 1159. By Representative Adams of the 79th:
A bill to amend Code Section 14-5-7 of the Official Code of Georgia Annotated, relating to the execution of instruments conveying interest in real property or releasing security interest, so as to provide that instruments executed by a corporation transferring a security agreement shall be conclusive evidence that said officer signing is duly authorized to execute and deliver the same.
Referred to the Committee on Judiciary.

HB 1160. By Representative Adams of the 79th:
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 repeal certain provisions relating to the advertisement of county property tax assessment.
Referred to the Committee on Ways & Means.

HB 1161. By Representative Adams of the 79th:
A bill to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions applicable to certiorari and appeals to appellate courts generally, so as to authorize damages for frivolous appeal in any case where an appeal is dismissed.
Referred to the Committee on Judiciary.

HB 1162. By Representative Adams of the 79th:
A bill to amend Code Section 49-2-2 of the Official Code of Georgia Annotated, relating to the creation of the Board of Human Resources, so as to provide that at least one member of such board shall be a physically handicapped person.
Referred to the Committee on Health & Ecology.

HB 1163. By Representative Yeargin of the 14th:
A bill to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to change the descriptions of the education districts of the board and provide for definitions and inclusions of parts of education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, JANUARY 13, 1992

25

HB 1164. By Representative Yeargin of the 14th:
A bill to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to change the description of the commissioner districts and provide for definitions and for inclusions of parts of commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1165. By Representatives Godbee of the 110th, Kilgore of the 42nd, Bargeron of the 108th, Coleman of the 118th, Dover of the llth and others:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions to provide that no state agency may expend appropriated funds for consulting services performed by certain persons retired under a public retirement system or by a corporation related to any such person.
Referred to the Committee on Rules.

HB 1166. By Representative Groover of the 99th:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, so as to authorize judges of the probate courts, chief magistrates, and magistrates to receive and retain as personal income certain voluntary tips, considerations, or gratuities for performing marriage ceremonies.
Referred to the Committee on Judiciary.

HR 645. By Representatives Lawson of the 9th, Jackson of the 9th and Orr of the 9th:
A resolution consenting to the annexation of certain state owned real property located in Hall County into the corporate limits of the City of Gainesville.
Referred to the Committee on State Institutions & Property.

HR 646. By Representative Barnett of the 59th:
A resolution creating the Joint Study Committee on the Disposition of Fines and Forfeitures in Criminal and Traffic Cases.
Referred to the Committee on Rules.

HR 647. By Representatives Buck of the 95th, Colwell of the 4th, Hammond of the 20th, Coker of the 21st and Mills of the 20th:
A resolution authorizing and directing the conveyance of certain state owned property located in Cobb County, Georgia, to the Board of Regents of the University System of Georgia.
Referred to the Committee on State Institutions & Property.

HR 648. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A resolution urging the Board of Regents of the University System of Georgia to consider establishing educational instruction in gerontology at every unit of the University System of Georgia by the year 2000.
Referred to the Committee on University System of Georgia.

26

JOURNAL OF THE HOUSE,

HR 649. By Representative Redding of the 50th: A resolution creating the State Flag Commission.
Referred to the Committee on Rules.

HR 650. By Representative Redding of the 50th:
A resolution directing the Secretary of State to cause to be held a nonbinding state-wide referendum on whether the State Flag of Georgia shall be redesigned.
Referred to the Committee on Rules.

HR 651. By Representatives Kingston of the 125th and Pelote of the 127th:
A resolution compensating Savannah Concrete, Inc., Will D. Herrin, President.
Referred to the Committee on Appropriations.

HR 652. By Representatives Mann of the 6th, Griffin of the 6th and Poag of the 3rd:
A resolution commending Mrs. Genevie Dickey and designating the Genevie Dickey Bridge.
Referred to the Committee on Transportation.

The following Resolution of the House was read and adopted:

HR 636. 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.

The following Resolution of the House was read:

HR 637. 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 1991 regular session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Representatives for the 1992 regular session.

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

MONDAY, JANUARY 13, 1992

27

Abernathy Y Adams Y Aiken Y Alford
Y Ashe Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron
Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Y Birdsong E Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks E Childers

Y Clark.E Y Clark.L Y Coker
Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson
Jenkins Y Jones
Kilgore YKing
Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann
Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett
Parham Y Parrish
Patten Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper

Y Smith,!, Y Smith,P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan
Y Walker.J
Y Walker.L
Y Wall
Y Watson
Y Watts
White
Y Wilder
Y Williams.B
Williams.J
Y Williams.R
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 House was read:

HR 638. 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 Zell Miller, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Tuesday, January 14, 1992, 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.

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

28

JOURNAL OF THE HOUSE,

Abernathy Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Barfoot Y Bargeron Y Barnett.B Barnett,M Bates
Y Beatty Y Benefield
Y Birdsong E Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Buck Y Buckner
YByrd Y Campbell N Canty Y Carrell Y Carter Y Cauthorn
Chafin Y Chambless Y Cheeks E Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings,B Cummings.M Y Davis.D Davis.G Y Davis.M Y Dixon.H Dixon.S
Dobbs Dover
Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Godbee
Y Golden Y Goodwin E Green Y Greene Y Griffin
Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Y Irwin Y Jackson
Y Jamieson Jenkins
Y Jones Y Kilgore
YKing Kingston
Y Klein YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish
Patten
Y Pelote Perry
Y Pettit
Y Pinholster Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Sherrill
Y Simpson Sinkfield
Y Skipper

Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J
Y Walker.L
Y Wall
Watson
Y Watts
White
Y Wilder
Y Williams.B
Williams,J
Y Williams.R
Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 141, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolutions of the House were read and adopted:

HR 639. 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., Tuesday, January 14, 1992, 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 640. 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.

MONDAY, JANUARY 13, 1992

29

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Zell Miller, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, January 16, 1992, 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.

HR 641. 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 11:00 A.M., Friday, January 17, 1992, 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 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.

The following Resolution of the House was read:

HR 642. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 17, 1992, and shall reconvene on Monday, February 3, 1992.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on February 3 may be as ordered by the Senate; and the hour for convening the House on February 3 may be as ordered by the House.

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

30

JOURNAL OF THE HOUSE,

Y Abernathy Y Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong E Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks E Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
Y Ladd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C N Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper

Y Smith.L Y Smith,? Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker,J
Y Walker.L
Y Wall
Y Watson
Y Watts
Y White
Y Wilder
Y Williams.B
Williams.J
Y Williams.R
Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 165, nays 3. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the House was read:

HR 643. 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
Recognizing and expressing approval of the appointment of the Honorable Robert E. Rivers, Jr., as Clerk of the House of Representatives; and for other purposes.
WHEREAS, the Honorable Glenn W. Ellard resigned from the office of Clerk of the House of Representatives, effective December 31, 1991; and
WHEREAS, on the same date the Speaker of the House, acting pursuant to the provisions of subsection (b) of Code Section 28-3-20 of the Official Code of Georgia Annotated, appointed the Honorable Robert E. Rivers, Jr., to succeed to the office of Clerk of the House for the remainder of the unexpired term of office; and
WHEREAS, it is appropriate that the members of this body should express their sentiments with respect to Mr. Rivers' succession to the office of the Clerk of the House.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby join in recognizing and expressing approval of the appointment of the Honorable Robert E. Rivers, Jr., as Clerk of the House of Representatives.

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

MONDAY, JANUARY 13, 1992

31

Y Abernathy Y Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong E Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrel] Y Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks E Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Parham
Y Parrish Patten
Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston
Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper

Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker ,J
Y Walker.L
Y Wall
Y Watson
Y Watts
Y White
Y Wilder
Y Williams.B
Williams.J
Y Williams.R
Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 167, nays 2. The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker appointed as a Committee of Escort on the part of the House, the following members:
Representatives Colwell of the 4th, Cummings of the 17th, Selman of the 32nd, Sinkfield of the 37th, Oliver of the 53rd, Thomas of the 69th, Smyre of the 92nd and Coleman of the 118th.

Representatives Poston of the 2nd and Stanley of the 33rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HR 644. By Representatives Turnquest of the 56th and Thomas of the 31st:
A resolution commending Dr. Johnnetta B. Cole for her excellent leadership as President of Spelman College and inviting her to appear before the House of Representatives.

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

HB 1091 HB 1092 HB 1093

HB 1094 HB 1095 HB 1096

32

JOURNAL OF THE HOUSE,

HB 1097 HB 1098 HB 1099

HR 571 HR 597 HR 598

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 346. By Senators Dean of the 31st, Deal of the 49th and Garner of the 30th:
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 Senate:

SR 360. By Senators Dean of the 31st, Deal of the 49th and Garner of the 30th:
A resolution to notify the Governor that the General Assembly has convened.
The President has appointed as a Committee of Notification on the part of the Senate the following Senators:
Henson of the 55th, Scott of the 36th, Marable of the 52nd, Huggins of the 53rd, Burton of the 5th, Moye of the 34th and Bishop of the 15th.

The following Resolution of the Senate was read and adopted:

SR 360. By Senators Dean of the 31st, Deal of the 49th and Garner of the 30th

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 Notification on the part of the House, the following members:
Representatives Jamieson of the llth, Walker of the 115th, Heard of the 43rd, Williams of the 48th, Thomas of the 55th, Lucas of the 102nd, Colwell of the 4th and Stanley 33rd.

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

Mr. Speaker:

MONDAY, JANUARY 13, 1992

33

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

HR 638. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and others:
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 appointed as a Committee of Escort on the part of the Senate the following:
Senators Robinson of the 16th, Dawkins of the 45th, Taylor of the 12th, Tate of the 38th, Steinberg of the 42nd, Kidd of the 25th and Newbill of the 56th.

HR 641. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and others:
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.

HR 642. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and others:
A resolution relative to adjournment.

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

HR 639. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and others:
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.

HR 640. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and others:
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 appointed as a Committee of Escort on the part of the Senate the following:
Senators Robinson of the 16th, Dawkins of the 45th, Taylor of the 12th, Dean of the 31st, Johnson of the 47th, Walker of the 22nd and Hooks of the 14th.

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.

34

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 14, 1992

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
Ashe Atkins Baker Balkcom
Bargeron Barnett.B Barnett.M Bates Beatty Benefield
Birdsong Bordeaux
Bostick Branch Breedlove Brooks Brown Brush Buck Buckner Byrd Campbell Carter
Cauthorn Chafin
Chambless Cheeks Clark.E

Clark.L
Coker
Coleman Colwell Connell Culbreth
Cummings.B Davis.D Davis.M Dixon.H Dixon.S Dobbs
Dover Edwards
Elliott Felton Fennel Floyd,J.M Floyd,J.W Flynt Godbee Golden Greene Groover Hamilton
Hammond Banner
Harris.B Harris.J Heard

Henson
Herbert
Holland Holmes Howard Hudson
Irwin Jackson Jamieson Jenkins Jones Kilgore
King Klein
Ladd Lane.D Lane.R Lawrence Lee Long Lord Mann Martin McBee McCoy
McKelvey McKinney.B
McKinney.C Meadows Merritt

Milam
Mobley
Moody Morsberger Moultrie Mueller
01iver,C Oliver.M Orr Padgett Parrish Pelote
Pettit Pinholster
Poag Porter Poston Powell,A Powell.C Purcell Ray Reaves Redding Ricketson Royal
Selman Sherrill
Skipper Smith.L Smith.P

Smith.T
Smith.W
Snow Stancil.F Stancil.S Streat
Taylor Teper Thomas.M Thomas.N Titus Tolbert
Townsend Turnquest
Twiggs Valenti Vaughan Walker.J Walker.L Wall Watson Watts White win "er
,Vr r i Williams,J
Wilhams.R Yeargin Murphy.Spkr

The following members were off the floor of the House when the roll was called:
Representatives Lawson of the 9th, Carrell of the 65th, Kingston of the 125th, Sinkfield of the 37th, Simpson of the 70th, Langford of the 7th, Stanley of the 33rd, Dunn of the 73rd, Smyre of the 92nd, Lucas of the 102nd, Thomas of the 69th, Goodwin of the 63rd, Mills of the 20th and Perry of the 5th.
They wish to be recorded as present.

Prayer was offered by the Reverend William R. (Billy) Key, Evangelist, Perry, Georgia.

The members pledged allegiance to the flag.

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:

TUESDAY, JANUARY 14, 1992

35

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 1167. By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Education of Wilkinson County, so as to change the composition of the education districts from which the members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1168. By Representative Birdsong of the 104th:
A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the composition of the commissioner districts from which the chairman and members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1169. By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Redding of the 50th, Teper of the 46th and others:
A bill to amend Code Section 12-8-23.1 of the Official Code of Georgia Annotated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources with regard to the "Georgia Comprehensive Solid Waste Management Act," so as to provide that the director shall not permit a biomedical waste thermal treatment technology facility unless the applicant is able to show that a need exists for such facility.
Referred to the Committee on Natural Resources & Environment.

HB 1170. By Representatives Barnett of the 10th and Powell of the 13th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that a sick, injured, or disabled inmate shall be responsible for reimbursing the state, county, or municipality for the costs of medical services furnished the inmate.
Referred to the Committee on State Institutions & Property.

HB 1171. By Representative Wall of the 61st:
A bill to amend Code Section 31-7-74 of the Official Code of Georgia Annotated, relating to membership in hospital authorities and related matters, so as to provide that an authority shall not pay country club fees for members of such authority.
Referred to the Committee on Health & Ecology.

36

JOURNAL OF THE HOUSE,

HR 653. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Taylor of the 94th, Harris of the 96th and others:
A resolution designating the Samuel Frank Morast, Jr., Highway.
Referred to the Committee on Transportation.

HR 655. By Representatives Dobbs of the 74th, Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Elliott of the 103rd:
A resolution proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a state-wide sales and use tax of 3 percent, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level.
Referred to the Committee on Ways & Means.

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

HB 1100 HB 1101 HB 1102 HB 1103 HB 1104 HB 1105 HB 1106 rlti 11U /
HR n09
Bm HR im
HO 111^ HR 1113 HR im HR }}}* HR nifi HR 1117 HR }}}l

HB 1138 HB 1139 HB 1140 HB 1141 HB 1142 HB 1143 HB 1144 ijo 1145
HB 1U6
HB 1147 HB 1148 HB 1149
TTJ " HB
HB 1152 HB 1153 HB 1154
HB 1155

HB J1S

JJ B

HRB n
HR !m
HKRB 1U12954
KKnrBR> m1L1i9te7/
HB 1128 1 1 9Q

HB 1159
HB
HHBB 1162
HHTjBBg 11116634
Try} HH"hR"5

HB 1132 HB 1133 HB 1134 HB 1135 HB 1136 HB 1137

HURR R64A71 HR 648 HR 649 HR 650 HR 651 HR 652

TUESDAY, JANUARY 14, 1992

37

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 37 Do Pass, by Substitute HB 39 Do Pass, by Substitute HB 41 Do Pass HB 183 Do Pass, by Substitute HB 184 Do Pass HB 203 Do Pass, by Substitute

HB 216 Do Pass HB 309 Do Pass HB 310 Do Pass HB 501 Do Pass HB 634 Do Pass HB 711 Do Pass

Respectfully submitted, /s/ Cummings of the 17th
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 House:

HB 207. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
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 revise authorization procedures regarding the availability of certain criminal history records to county boards of registrars or county boards of registration and election.

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

HR 654. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A resolution commending the Jones County High School women's softball team and inviting the team to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 656. By Representatives Pinholster of the 8th, Stancil of the 8th and Barnett of the 10th:
A resolution commending and recognizing Mr. George Lingefelt.

HR 657. By Representatives Pinholster of the 8th, Stancil of the 8th and Barnett of the 10th:
A resolution commending and recognizing Mr. Fred Carlton Haley.

38

JOURNAL OF THE HOUSE,

HR 658. By Representatives Pinholster of the 8th, Stancil of the 8th and Barnett of the 10th:
A resolution commending and recognizing Mr. Lee Roy Tippens.

HR 659. By Representatives Pelote of the 127th, Hamilton of the 124th, Merritt of the 123rd and Kingston of the 125th:
A resolution recognizing the Reverend Bernita Rivers Greene.

HR 660. By Representatives Adams of the 79th, Cummings of the 17th, Dixon of the 128th, Moody of the 153rd and Parrish of the 109th:
A resolution commending Mr. W. C. "Bill" Fordham.

HR 661. By Representatives Lane of the 27th and Cummings of the 17th:
A resolution recognizing the month of May, 1992, as "Motorcycle Awareness and You (M.A.Y.) Month" in Georgia.

HR 662. By Representative Smith of the 78th: A resolution commending Pamela Cox.

HR 663. By Representatives Selman of the 32nd, Lane of the 27th, Benefield of the 72nd, Lee of the 72nd, King of the 72nd and others:
A resolution commending Mr. S. Truett Cathy.

HR 664. By Representative Harris of the 84th: A resolution commending Mrs. Mary E. Sanders.

HR 665. By Representative Street of the 139th: A resolution commending Mr. Arnold Parsons.

HR 666. By Representatives Thomas of the 69th and Simpson of the 70th: A resolution commending Mrs. Sue Ellen Cain.

HR 667. By Representative Smith of the 78th: A resolution commending Dick Esco.

HR 668. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th, Harris of the 96th, Smyre of the 92nd and others:
A resolution expressing sympathy at the passing of Samuel Frank Morast, Jr.

HR 669. By Representatives Smith of the 78th and Jenkins of the 80th: A resolution commending Julie Gregg.

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

TUESDAY, JANUARY 14, 1992

39

The hour of convening the Joint Session pursuant to HR 638 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 Pierre Howard.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Zell Miller, appeared upon the floor of the House and delivered the following address:

The ancient Chinese had a saying that went, "May you live in interesting times." The Chinese considered it a curse. I prefer to think of it as a blessing.
But whether blessed or cursed, these are interesting times to be in state government. From New Hampshire to New Mexico, from California to Connecticut, state governments are bearing the burden of Washington's abdication of responsibility. Today, in state capitols from Albany to Atlanta, governors and legislators are living by Harry Truman's motto: "The buck stops here." Nowadays in Washington, the buck hardly even slows down. All across the country, it seemed like each day of 1991 brought more news of economic gloom, layoffs, plant closings and declining retail sales. And some of us came to believe the old axiom that no news would be good news. But I am here to tell you this morning that Georgia is on the move. The name of Georgia is on the lips of more and more people across the nation and around the world. Good things, exciting things have been happening all around us. We used to be known for naming things after peach trees and for the Southern charm that still clung to us from the days of Gone With the Wind. But Georgia's building a new reputation across the nation and around the world. Last February, the 24th Infantry Division from Georgia's Fort Stewart became the "gee whiz kids" of the free world for their dash across the Persian sands to block the retreat of Saddam Hussein's Republican Guard. Georgia's own CNN, long snubbed as the Rodney Dangerfield of broadcasting, came into its own as an unsurpassed international news force. And Time magazine named Georgia's Ted Turner "Man of the Year." Fortune magazine named Atlanta the best city in the nation to do business. A study by Louis Harris & Associates concluded it was the best city to locate a business. UPS, Holiday Inns and NCR pulled up stakes and headed for Georgia. The World Series was a baseball spectacular in which our Atlanta Braves kept the entire nation on the edge of its seat. And Jerry took the Falcons to the playoffs in his second year here. And that was just a taste of what is ahead of us, with the Super Bowl coming in 1994 and the Summer Olympic Games in 1996. On a more scholarly note, the larger units of our University System continue their rise in the national rankings done by U.S. News & World Report. And the Georgia Research Alliance is becoming a promising catalyst in industrial and medical research and development. For us in state government, 1991 was a time of declining revenues and budget cuts. Some of those cuts were painful. But, as Ben Franklin used to say, "Necessity is the mother of invention." In that respect, this national recession has been quite a "mother." We used this opportunity to streamline state government, eliminating almost 3,000 bureaucratic positions and calling on our remaining corps of state employees to be leaner, and rewarding innovation, imagination and ingenuity. Our departments and agencies rose to the occasion, doing a remarkable job of carrying out your directives of last August without disrupting services. A headline in the Atlanta papers a week ago read, "Few feeling cuts in state services; agencies lessen impact on taxpayers." And, despite the cuts, a number of exciting things got under way in state government.

40

JOURNAL OF THE HOUSE,

Preservation 2000 acquired more than 8,000 acres of natural, ecologically sensitive land. And its advisory council developed the criteria and process for future site selection.
Georgia became the first state in the South to receive a $22 million federal grant to develop child care programs.
The Georgia No-Tillage Assistance Program won a $100,000 award from the Ford Foundation as one of the nation's top 10 innovations in state and local government.
We are receiving national attention for the Family Connection, an innovative program that brings together schools, social services and health services to coordinate communitybased assistance for families who are at risk. It is a public-private effort, with the seed funding coming from the Woodruff Foundation.
In another public-private effort, satellite communications technology is bringing medical expertise into rural hospitals and doctor's offices, and beaming math, science and foreign-language courses to schools which otherwise could not offer them.
We have a lot of things to be proud of, but we must do even more. When the eyes of the world are on us in 1996, I want them to see a Georgia that is thriving and growing toward greater prosperity.
A Georgia whose young people are being educated and trained for the jobs of the future. A Georgia whose air and water are clean and whose natural beauty is preserved for future generations. A Georgia whose streets are safe for young and old.
And I know that's what most of you want, too.
But it will not happen of its own accord. It will come only as the result of the deliberate action of the men and women in this chamber to make it happen.
We have a critical choice to make: We can either spread our limited resources across the length and breadth of state government and not really make much of an impact anywhere.
Or, we can keep our belt tightened in most places, while we target those resources specifically at some critical needs that are essential to prepare for future growth.
I want to target our resources. Beginning this week, I will lay before you a budget and package of legislation that all fits together into an ambitious and far-reaching program I call Georgia Rebound.
Its priorities reflect the cares and concerns of the working families who pay our salaries: Making our children's education better, our streets and neighborhoods safer, our environment cleaner and our economy stronger.
This morning I want to talk about the legislative side of those four points. Only the highlights. The package includes over 40 bills, and we'd be here all day if I tried to cover them all.
On Thursday, we will look at programs and projects that require funding.
The primary bill in the education portion of Georgia Rebound is the enabling legislation for the lottery. I have worked closely with Rep. Sonny Watson as this legislation was formulated, and I am grateful for his help and advice.
I propose a lottery that is run strictly as a business by a board of proven business leaders, not state bureaucrats. We are not going to take the first cent of state tax revenues away from other programs to operate it.
Business will be conducted on a bid basis, and minority and small businesses will be encouraged to participate.
Even though the lottery will be operated as a business independent of state revenues and officials, we are going to provide for legislative oversight to ensure its sensitivity to the citizens of Georgia.
And I want a portion of the proceeds to be used for education and treatment programs on compulsive gambling.
I propose that we divide the net proceeds evenly among three critical education needs:
First, voluntary programs for our 4-year-olds, where learning is so important. Last month the Carnegie Foundation for the Advancement of Teaching released an extensive study on the readiness of our children to begin kindergarten. It found that here in Georgia, 40 percent of our kindergarten kids are struggling. They came to kindergarten not prepared to learn.

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Five-year-olds who do not know their numbers, colors and letters, and who have not developed social skills, are already far behind when they walk in the classroom door on the first day of kindergarten. Most never catch up. Many will drop out.
Extensive studies document that at-risk children who attend pre-school are more likely to complete high school, more likely to find stable employment, more likely to continue their education, less likely to become pregnant as teens, less likely to be on welfare and less likely to be arrested. Those are facts.
I don't want Georgia to continue to be last in the nation in its programs for children as we are now. Thirty other states already have preschool programs, and we absolutely must start one in Georgia targeted at the 40 percent of 4-year-olds who are at risk.
But it will be voluntary, because some parents choose to teach their preschoolers at home. And we will provide learning materials for at-home mothers to use and help them every way we can.
Second, equipment and special capital outlay needs in K-12 and in higher education. Computers are very effective, cost-efficient teachers. They never forget a key point, never leave a slow child behind. And a small school can offer an advanced course to one student for the cost of the software. The lottery proceeds can fill our classrooms with these superior learning tools. The equipment and capital outlay money will also help to update labs in our high schools and institutions of higher learning. This is important, because industry, as you can imagine, is not very impressed with students who are trained on old equipment that is not in use anywhere in the private sector anymore. And of course we must not overlook our physical facilities. We have thousands of kids in makeshift mobile homes instead of classrooms. And the roof of the University System is leaking, because we have a lot of older buildings that have not been given the needed renovation and repair. The third program proposed for funding will be the most all-inclusive scholarship program to be found in any of the 50 states for bright students who otherwise would find it difficult to go to college. Right now only 15 percent of our kids are graduating from college. South of Macon, it is only 8 percent. The national average is 25 percent. Georgia can do better. Georgia must do better. The most critical long-term need Georgia faces is a better-educated workforce. And just when it is essential to increase the number of youngsters who go into college or vocational-technical training, the cost of tuition is soaring out of reach for most of our citizens. Other than health care, which largely must be answered on the national level by Congress, this is the single best way to help our middle-income families. For them, it is a pocketbook issue of major proportions. With the lottery proceeds, Georgia can provide scholarships by the thousands to deserving students who want to go to college or a vocational school.
This is Georgia's opportunity to pioneer the most far-reaching scholarship program in the nation and not only for those who are minorities or who come from lower income families. But also those middle-income families who are devastated with the cost of education and training beyond high school.
If you want to invest in the economic future of this state and at the same time do something to help the forgotten, average working family this is it.
Finally, a reserve fund. As we all know, the course of the economy never runs smooth but neither does true love. Economic growth ebbs and flows, and so will lottery proceeds.
So we need to assure a constant level of funding for these programs that carries across the dips and swells in the lottery proceeds. To do that, I propose a reserve fund.
Each year for the first few years the lottery is in operation, we are going to put 10 percent of the proceeds into a reserve fund until it is built up to a certain level, and then we will keep it there.

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That, in a nutshell, is my lottery proposal a businesslike operation, free from political influence and fair to all who want to be involved.
And its proceeds will be used not to supplant current education funds, but to enhance them through prekindergarten programs, equipment and capital outlay and scholarships for deserving kids from low-and middle-income families. And a reserve fund so that we can hold a steady course.
While we are on the education portion of Georgia Rebound, let me say a word about pay for performance for our teachers.
I have had a special commission working most of last year to formulate a plan, and I told them right from the start that I had no preconceived notions as to what form it ought to take.
They have recommended that we begin by rewarding schools and giving the school discretion in the use of the funds it receives. Then move on to pay for performance for individual teachers.
That is a good way to start, because one of the key messages that has developed over the year as we started The Family Connection, held the Governor's Conference on Education and launched Georgia 2000 is the importance of local initiative, creativity and freedom to tailor programs to the community's needs.
Structuring a pay-for-performance program as my commission has proposed provides yet another incentive for teamwork at the local level, so that teachers help each other rather than compete against each other.
In the beginning of my remarks, I mentioned several public-private partnerships that got under way during the first year of my administration.
Another important education part of Georgia Rebound is the Governor's Institute for School Leadership.
Many of our school principals and administrators are former teachers who were promoted out of the classroom. While their teaching experience is very helpful in their new jobs, they often lack comprehensive administrative skills. And I want to give them some assistance and instruction in that regard.
There are many other far-reaching education programs in Georgia Rebound, and I will touch on some more on Thursday. But for now let me move on to economic development.
In my televised remarks on Sunday night, I said that we must bridge the gap between the prosperous metropolitan areas that have run on ahead and the small, rural towns, many of them desperately poor, that have been left behind.
I believe that with all my heart, and that is why I want to expand the Job Tax Credit. As some of you will recall, we originally enacted the Job Tax Credit in 1989. In retrospect, it has proved to be one of the more insightful things we've done.
For every dollar the state loses in the form of this tax credit, we gain $3 from the new jobs that made the credit applicable.
In the process of putting Georgia Rebound together, I have been working closely with Sen. Jack Hill and his Rural Policy Study Committee and with Rep. Ray Holland, whose district includes some of this state's most distressed counties and who has been a prime mover in the House on this issue.
The Job Tax Credit now applies only to manufacturing and distribution businesses in the 40 most economically distressed rural counties.
I want to double the number of eligible counties, with the 40 most severely depressed counties having a $2,000 tax credit, double what we give now, and the second 40 to be added at a $1,000 credit for every job created. I also want to broaden the range so that all businesses will be eligible.
If we don't do this, South Carolina, with the incentives they can offer, will eat our lunch.
Georgia Rebound also contains a major package of improvements to our economic development infrastructure, and I will get into that more on Thursday.
In the area of the environment, Georgia Rebound focuses on two things: the acquisi-
tion of more land for wilderness preservation, hunting, fishing and recreation, and the whole issue of waste.

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I mentioned the work of Preservation 2000 at the beginning of my remarks, and I will tell you more about it and about my proposals to assist local governments in dealing with water sewer and waste-water facilities on Thursday.
What I want to talk about briefly today is the longer-term focus, which is embodied in the Georgia Research Alliance.
For several years, many of us have been going around saying that the University of Georgia, Georgia Tech and Emory combined conduct more research than the three institutions that anchor Research Triangle in North Carolina. And that's true.
But what North Carolina has that we don't is coordination. They gathered their research programs into a package and promoted it.
Well, look out North Carolina, here comes the Georgia Research Alliance. The Research Alliance includes not just three, but all six of this state's major research universities public and private in a unique partnership with each other and with the private sector as well. The Research Alliance has identified three areas in which we already have research going on independently at several universities and which show great promise in privatesector applications. They are telecommunications, genetics and environmental technology. At the beginning of my remarks, I mentioned the tremendous potential of telecommunications in bringing medical expertise and education enrichment to rural areas of the state, and that is just one application of this cutting-edge technology. A second emphasis of the Research Alliance is on environmental technology, and that is going to be of tremendous benefit to Georgia because we are a manufacturing state. Through the Research Alliance, Georgia will launch a major effort to become a center of expertise and move to the forefront in technology that controls air and water pollution and is effective in controlling the environmental problems we have. The point of the Research Alliance is to coordinate and expand the research programs at its member institutions, which will not only attract eminent scholars and make us a center of expertise, but will also attract businesses and spin off new firms 5,000 hightech, high-wage jobs projected over the next 10 years. What I hope you are seeing as I speak is the way that all the pieces of Georgia Rebound connect to each other. The Georgia Research Alliance, for example, is made up of educational institutions, but it will be attacking the problem of pollution, and in the process it will be creating jobs and stimulating economic growth. The fourth part of Georgia Rebound is public safety. If we want jobs to come to our communities, we must offer not just a good education and high quality of life. We must also have safer streets. On Thursday, I will talk more about correctional institutions. Today, I want to highlight briefly my legislation relating to DUI and habitual traffic offenders. We were all stunned by a feature a few months ago in the Atlanta newspapers that graphically demonstrated the ease with which a drunk driver or habitual offender returns to the road and commits the same offense all over again. We have loopholes to close, and we must close them. I will propose legislation to expedite significantly the license suspension process for anyone who fails or refuses to take a breath test.
And I want us to require some tangible evidence of changed habits before we reinstate the driver's license of a DUI offender at the end of the suspension period.
There is always a human side to everything, and tight economic times play themselves out in people's lives. So there is a human services side of my legislative package as well.
I'll tell you more about that on Thursday, but let me mention two pieces of legislation I am coming with. I want to do something about what I call "deadbeat dads."
We have an increasing number of mothers who are desperately trying to get help from absentee fathers to support the children they fathered.
To help these mothers, I propose that we strengthen proof-of-paternity right from the start by recording the name and Social Security number of the father on birth certificates, and then allow this information to be introduced in court.

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I also propose that we allow the cost of health insurance premiums to be included as part of a child-support order for income withholding.
Of course, Georgia Rebound will cost money. I reminded the Appropriations Committees last week of the Loretta Lynn song that goes, "Everyone wants to go to heaven, but nobody wants to die." She was saying in that colorful way of hers that everything has a price.
So, in addition to legislation in these four areas, Georgia Rebound includes a package of bills updating our user fees to generate the necessary revenue. I'll get into the details on Thursday when we talk dollars and cents.
But let me say this by way of explanation: Like every other state, Georgia charges user fees for services to citizens who want them. And, like every other state, we originally designed those services on a pay-as-you go basis.
But while other states around us have been increasing their fees over the years as costs have risen, we have held onto our old, outdated, antiquated fee structure and paid ever larger subsidies out of the state treasury to keep these services operating.
Our user fees have not been increased in years, in decades some of them not since Eisenhower was president in the '50s.
To give you an example of how out of whack our fee structure has gotten, Eugene Talmadge got elected governor during the Great Depression in the 1930s by proposing a $3 fee for car tags. I am proposing a fee that is the equivalent of a $1.70 tag in Gene Talmadge's day.
We have ample room to adjust our fees and still keep them below average for the Southeast. I don't want to get out of sync with our neighbors, and under my proposal we don't.
Georgia Rebound is an ambitious, far-reaching legislative/budgetary agenda for fiscal year '93.
If it is implemented, without question, Georgia will set the pace in the Southeast in education, environmental preservation, economic development and public safety.
But it will mean targeting our limited resources in these specific areas. It will mean making hard choices, setting priorities and paying a price.
I'd like to conclude this morning with something Aristotle said. He was once asked to define the difference between a barbaric culture and a civilization.
And he said that in a barbaric culture, people live from day to day or week to week. They go out and plunder, then they consume what they plundered and they go out and plunder again.
But in a civilization, people go out and they plan, and they work for the next generation. They want to pay back what their parents have done for them by doing more for their children. And that is how civilization progresses.
There have been 10 generations of Georgians since this state was founded, and each one has fulfilled Aristotle's requirement of a civilization. Each left this state in a little better condition than they had inherited it from their parents.
We are the first generation at risk of doing the opposite. Presently, we are not giving our children the education and skills they are going to need to make their own way and earn their own way in the 21st century.
You and I do not want to be part of a generation that leaves that as its legacy. You and I do not want to have had the chance to make a difference and let it pass us by.
For the sake of our children and their children please give me your help, and let us, together, head this state in the right direction.

Senator Garner of the 30th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.

The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.

The Speaker called the House to order.

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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.

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Representative Hall, Atlanta, Georgia Wednesday, January 15, 1992

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 Donald A. Fishburne, Rector, Saint Paul's Church, Augusta, Georgia.
The members pledged allegiance to the flag.
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.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1172. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act creating the board of commissioners of Jones County, so as to reconstitute the membership of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1173. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act reconstituting the Board of Education of Jones County, so as to change the composition of education districts from which members are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1174. By Representatives Jackson of the 9th and Colwell of the 4th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to change the provisions relative to buildings which present special hazards to persons or property; to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board of Corrections and the Department of Corrections, so as to provide for the applicability of certain state minimum fire safety standards.
Referred to the Committee on State Institutions & Property.
HB 1175. By Representatives Oliver of the 53rd and Baker of the 51st:
A bill to amend Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses in hearings for guardians of incapacitated adults, so as to provide that physicians or licensed psychologists performing certain evaluations or examinations shall receive compensation not to exceed $75.00.
Referred to the Committee on Health & Ecology.
HB 1176. By Representatives Mann of the 6th and Lord of the 107th:
A bill to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to provide for the computation and determination of the final two months of salary or compensation during a 12 month period of certain certified professional educators or employees of a public school system who are under a ten-month contract with deferred salary or compensation.
Referred to the Committee on Education.
HB 1177. By Representative Wilder of the 21st:
A bill to amend Code Section 31-10-9 of the Official Code of Georgia Annotated, relating to registration of births, so as to require that any parent whose name appears on a certificate of live birth be required to furnish each social security account number of that parent.
Referred to the Committee on Health & Ecology.

HB 1178. By Representatives Wilder of the 21st and Ladd of the 44th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in general, so as to provide that any juror who has served as a grand or trial juror at any session of the superior courts, state courts, or city courts shall be ineligible for duty as a juror for the next six succeeding terms of court in which she or he has previously served; to provide that this provision shall be applicable only to counties of the state having a population of 400,000 or more.
Referred to the Committee on Judiciary.

HB 1179. By Representatives Wilder of the 21st and Ladd of the 44th:
A bill to amend Code Section 50-8-84 of the Official Code of Georgia Annotated, relating to the composition of membership of a metropolitan area planning and development commission, so as to change provisions relating to the election of commission members.
Referred to the Committee on State Planning & Community Affairs.

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HB 1180. By Representative Wilder of the 21st:
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 any person sentenced to confinement for a period of two years or more and who has not received a high school diploma or general educational development (GED) equivalency diploma shall not be eligible for parole or early release until such person has received a general educational development (GED) equivalency diploma.
Referred to the Committee on State Institutions & Property.

HB 1181. By Representatives Ray of the 98th, Edwards of the 112th and Watson of the 114th:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, the "Litter Control Law," so as to change provisions relating to prima-facie evidence and presumptions in littering cases; to change provisions relating to unauthorized interference with publicly provided trash or garbage containers.
Referred to the Committee on Special Judiciary.

HB 1182. By Representatives Ray of the 98th, Jenkins of the 80th, Walker of the 113th, Adams of the 79th and Edwards of the 112th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain penalties for violations of the handicapped parking laws.
Referred to the Committee on Motor Vehicles.

HB 1183. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-29-3 of the Official Code of Georgia Annotated, relating to requirements of individual policies of accident and sickness insurance, so as to provide that payments for certain services payable under individual policies of accident and sickness insurance shall be paid directly to the provider of such services at the written direction of the insured.
Referred to the Committee on Insurance.

HB 1184. By Representative Brown of the 88th:
A bill to amend Code Section 3-2-15 of the Official Code of Georgia Annotated, relating to advertising of distilled spirits, so as to provide that no person shall advertise alcoholic beverages or the sale of alcoholic beverages in this state; to provide for exceptions.
Referred to the Committee on Regulated Beverages.

HB 1185. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Code Section 16-6-5 of the Official Code of Georgia Annotated, relating to enticing a child for indecent purposes, so as to change the provisions relating to penalties for a third, fourth, or subsequent offense.
Referred to the Committee on Judiciary.

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HB 1186. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to hospital authorities, so as to clarify the conditions for changing vacancy provisions regarding certain hospital authorities.
Referred to the Committee on Health & Ecology.

HB 1187. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Article 5 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Controlled Substances Therapeutic Research Act," so as to change the provisions relating to enforcement and punishment of certain conduct.
Referred to the Committee on Judiciary.

HB 1188. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
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.
Referred to the Committee on Judiciary.

HB 1189. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
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.
Referred to the Committee on Judiciary.

HB 1190. By Representatives Stancil of the 8th, Pinholster of the 8th, Breedlove of the 60th, Lawrence of the 49th, Tolbert of the 58th 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, so as to prohibit the accepting of certain campaign contributions.
Referred to the Committee on Judiciary.

HB 1191. By Representatives Stancil of the 8th, Pinholster of the 8th, Breedlove of the 60th, Davis of the 45th, Tolbert of the 58th and others:
A bill to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding financial affairs of the General Assembly, so as to change the period of time which must intervene between the printing and consideration of certain amendments or substitutes to certain appropriations bills.
Referred to the Committee on Appropriations.

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HB 1192. By Representatives Wall of the 61st, Breedlove of the 60th, Jackson of the 9th, Orr of the 9th, Morsberger of the 62nd and others:
A bill to alter the method by which vacancies on the Gwinnett Hospital Authority shall be filled; to provide that such vacancies shall be filled by appointment of the Gwinnett County Board of Commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1193. By Representatives Reaves of the 147th, Selman of the 32nd, Royal of the 144th, Hudson of the 117th, Carter of the 146th and others:
A bill to amend Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture with respect to weights and measures, so as to provide that the Commissioner shall establish, by regulation, a schedule of fees to cover the calibration of weighing and measuring devices, the registration of scale mechanics, the certifying of weights, and scale registration.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1194. By Representatives Reaves of the 147th, Golden of the 148th, Selman of the 32nd, Royal of the 144th, Godbee of the 110th and others:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards and labeling of milk and milk products, so as to provide that the Commissioner of Agriculture may assess and collect fees for the purpose of defraying the expenses of licensing grade A plants, grade A producers-distributors, receiving stations, dairy manufacturing plants, milk handlers purchasing raw milk, or other things pertaining thereto.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1195. By Representatives Reaves of the 147th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th, Purcell of the 129th and others:
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 maximum compensation to be paid for destroyed honeybee colonies.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1196. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that no county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribution, storage, transportation, disposal, formulation or labeling.
Referred to the Committee on Agriculture & Consumer Affairs.

WEDNESDAY, JANUARY 15, 1992

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HB 1197. By Representatives Reaves of the 147th, Buckner of the 72nd, Purcell of the 129th, Royal of the 144th, Carter of the 146th and others:
A bill to amend Code Section 4-10-5 of the Official Code of Georgia Annotated, relating to licenses for bird dealers and the fees related thereto, so as to change the provisions relating to fees for such licenses.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1198. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to provide for license fees for grain dealers' licenses.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1199. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to flue-cured leaf tobacco sales and storage, so as to change the license fees for auction sales of flue-cured leaf tobacco.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1200. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Chapter 13 of Title 2 of the Official Code of Georgia Annotated, relating to commercial feeds, so as to change certain definitions and provide definitions for additional terms; to change the provisions relating to publication of information as to sales, production, use, and analyses.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1201. By Representatives Reaves of the 147th, Buckner of the 72nd, Selman of the 32nd, Royal of the 144th and Branch of the 137th:
A bill to amend Code Section 4-11-3 of the Official Code of Georgia Annotated, relating to licenses for pet dealers and kennel, stable, and animal shelter operators, so as to change the provisions relating to the amount of license fees.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1202. By Representatives Dunn of the 73rc", Lucas of the 102nd, Sherrill of the 47th, Bordeaux of the 122nd and Valenti of the 52nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for continuation rights for persons age 60 and over whose coverage under certain group accident and sickness insurance plans would otherwise terminate.
Referred to the Committee on Insurance.

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HB 1203. By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth:
A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to provide that with the exception of crematories licensed by the State Board of Funeral Service and hospitals, or other facilities as authorized by the Department of Human Resources and in a manner approved by the commissioner of human resources, it shall be unlawful for any person to incinerate or cremate a dead body or parts thereof.
Referred to the Committee on Health & Ecology.

HB 1204. By Representative Birdsong of the 104th:
A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property, so as to provide that the proposed relocation of county offices located in certain county courthouses must be submitted to voters of the county for approval or rejection.
Referred to the Committee on State Planning & Community Affairs.

HB 1205. By Representative Birdsong of the 104th:
A bill to amend Part 6 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of school buses, so as to provide that each school bus which is owned by any local school system and which is used to transport kindergarten students shall have designated seats in which such kindergarten students shall be seated; to provide that each such designated seat shall be equipped with a seat belt.
By Unanimous consent, HB 1205 was ordered engrossed.
Referred to the Committee on Motor Vehicles.

HB 1206. By Representative Birdsong of the 104th:
A bill to amend an Act providing an annual salary for the Tax Commissioner of Twiggs County, so as to change the provisions relative to the compensation and benefits of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1207. By Representative Birdsong of the 104th:
A bill to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation and benefits of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1208. By Representative Birdsong of the 104th:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County, so as to change the provisions relative to the compensation and benefits of the judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

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53

HB 1209. By Representative Birdsong of the 104th:
A bill to amend an Act providing an annual salary for the clerk of the Superior Court of Twiggs County, so as to change the provisions relating to the compensation and benefits of the clerk.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1210. By Representatives Golden of the 148th, Wall of the 61st and Flynt of the 75th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to prohibit loan brokers from performing certain acts; to provide definitions; to provide for the responsibility of principals; to provide for investigations, cease and desist orders, and hearing procedures with respect to loan brokers.
Referred to the Committee on Banks & Banking.

HB 1211. By Representative Campbell of the 23rd:
A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to authorize municipal courts to try and dispose of violations of Code Section 16-7-21, relating to criminal trespass.
Referred to the Committee on Special Judiciary.

HB 1212. By Representatives Alford of the 57th, Baker of the 51st, Oliver of the 53rd, Redding of the 50th, Valenti of the 52nd 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 Island State Park Authority, and the Lake Lanier Islands Development Authority and to persons, firms, or corporations furnishing such rooms.
Referred to the Committee on Ways & Means.

HB 1213. By Representative Campbell of the 23rd:
A bill to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide that persons 65 years of age or older may be exempt from jury duty.
Referred to the Committee on Judiciary.

HB 1214. By Representative Campbell of the 23rd:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to prohibit loan brokers from performing certain acts; to provide definitions; to provide for the responsibility of principals; to provide for investigations, cease and desist orders, and hearing procedures with respect to loan brokers.
Referred to the Committee on Banks & Banking.

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JOURNAL OF THE HOUSE,

HB 1215. By Representative Campbell of the 23rd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions applicable to labor and industrial relations, so as to provide immunity from civil liability to an employer who discloses information about a former employee under certain circumstances.
Referred to the Committee on Special Judiciary.

HB 1216. By Representative Campbell of the 23rd:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving while a license is suspended or revoked, so as to authorize any municipal court of any municipality to impose the punishment provided in this Code Section notwithstanding the limits set forth in its municipal charter.
Referred to the Committee on Judiciary.

HB 1217. By Representative Campbell of the 23rd:
A bill to amend Code Section 40-6-11 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 6 of Title 40 to motorcycles, so as to delete certain exceptions to such applicability.
Referred to the Committee on Motor Vehicles.

HB 1218. By Representative Campbell of the 23rd:
A bill to amend Code Section 9-11-45 of the Official Code of Georgia Annotated, relating to subpoenas for taking depositions and related matters, so as to provide that a plaintiff to an action in which a deposition is sought may be required to attend an examination in the county in which such action is pending.
Referred to the Committee on Judiciary.

HB 1219. By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, so as to provide for limitations for actions to recover damages against an accountant or an accounting partnership, professional association, or professional corporation relative to an alleged breach of contract or negligent performance of accounting services.
Referred to the Committee on Judiciary.

HB 1220. By Representative Watson of the 114th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to provide limitations on the liability of accountants or accounting partnerships, professional associations, or professional corporations for negligent performance of accounting services.
Referred to the Committee on Judiciary.

WEDNESDAY, JANUARY 15, 1992

55

HB 1221. By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to define certain terms; to provide for confidentiality of quality review materials.
Referred to the Committee on Judiciary.

HB 1222. By Representatives Kingston of the 125th and Williams of the 90th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the renewal of drivers' licenses by mail under certain conditions.
Referred to the Committee on Motor Vehicles.

HB 1223. By Representative Kingston of the 125th:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to orders not to attempt cardiopulmonary resuscitation, so as to delete certain requirements that another physician concur in a determination that a person is a candidate for nonresuscitation.
Referred to the Committee on Health & Ecology.

HB 1224. By Representatives Porter of the 119th, Thomas of the 69th and Byrd of the 153rd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for notice of agenda of special meetings; to provide for access of meetings relating to the performance of public employees.
Referred to the Committee on Judiciary.

HB 1225. By Representatives Reaves of the 147th, Godbee of the 110th, Branch of the 137th, Moody of the 153rd and Greene of the 130th:
A bill to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to fees for licenses.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1226. By Representative Yeargin of the 14th:
A bill to provide for the compensation of the coroner and deputy coroner of Oglethorpe County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1227. By Representatives Tolbert of the 58th, Lawrence of the 49th, Felton of the 22nd, Aiken of the 21st, Pinholster of the 8th and others:
A bill to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to eligibility and qualifications for office, so as to provide that certain elected state officials shall not be eligible for appointment or employment to certain state positions for a certain period after leaving office.
Referred to the Committee on Governmental Affairs.

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JOURNAL OF THE HOUSE,

HB 1228. By Representatives Pelote of the 127th, Hamilton of the 124th, Kingston of the 125th, Merritt of the 123rd, Dixon of the 128th and others:
A bill to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, so as to provide that such board shall be responsible for personnel actions relating to the staff of the Department of Technical and Adult Education.
Referred to the Committee on Education.

HB 1229. By Representatives Cummings of the 17th and Floyd of the 135th:
A bill to amend Article 1 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Municipal Employees Benefit System, so as to authorize the employees of certain local authorities to participate in such system.
Referred to the Committee on State Planning & Community Affairs.

HB 1230. By Representatives Cummings of the 17th and Baker of the 51st:
A bill to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and related matters under the Public School Employees Retirement System, so as to provide that members may become eligible for retirement benefits upon application under certain conditions.
Referred to the Committee on Retirement.

HB 1231. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to update certain population figures relating to the authority of certain boards of directors of development authorities.
Referred to the Committee on State Planning & Community Affairs.

HB 1232. By Representatives Jamieson of the llth, Jackson of the 9th, Bostick of the 138th, Greene of the 130th, Reaves of the 147th and others:
A bill to amend Code Section 50-20-7 of the Official Code of Georgia Annotated, relating to the applicability of certain laws to nonprofit contractors, so as to provide that such laws shall not apply to certain Resource Conservation and Development Councils.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1233. By Representatives Jamieson of the llth, Jackson of the 9th, Greene of the 130th, Bostick of the 138th, Reaves of the 147th and others:
A bill to amend Code Section 50-8-150 of the Official Code of Georgia Annotated, relating to the creation of the State Advisory Committee on Rural Development, so as to change the number of committee members.
Referred to the Committee on Agriculture & Consumer Affairs.

WEDNESDAY, JANUARY 15, 1992

57

HB 1234. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 1235. By Representatives Irwin of the 57th, Coleman of the 118th, Walker of the 115th and Alford of the 57th:
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 the term "retail sale" or "sale at retail" to include sales of lottery tickets for the purpose of applicability of the state sales and use tax.
Referred to the Committee on Ways & Means.

HB 1236. By Representatives Coleman of the 118th, Edwards of the 112th, Murphy of the 18th, Buck of the 95th, Barfoot of the 120th and others:
A bill to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to provide that each county governing authority may authorize, through proper resolution or ordinance, the creation of a county police force, provided that such resolution or ordinance is approved by the qualified electors of the county voting in a special election thereon.
Referred to the Committee on Public Safety.

HB 1237. By Representative Abernathy of the 39th:
A bill to amend Chapter 31 of Title 33 of the Official Code of Georgia Annotated, relating to credit life insurance and credit accident and sickness insurance, so as to provide that a licensed insurance agent shall review and investigate all applications for credit life insurance and credit accident and sickness insurance.
Referred to the Committee on Insurance.

HB 1238. By Representatives Skipper of the 116th, Walker of the 113th and Holland of the 136th:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jury trials and appeals in the probate courts, so as to provide for default judgments in probate courts.
Referred to the Committee on Special Judiciary.

HB 1239. By Representatives Skipper of the 116th, Coleman of the 118th, Culbreth of the 97th, Buck of the 95th, Adams of the 79th and others:
A bill to amend Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, the "Budget Act," so as to prohibit funds being made available to certain budget units of state government during the last two months of the fiscal year which exceed the average amounts expended by such units during the first ten months of such fiscal year.
Referred to the Committee on Appropriations.

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JOURNAL OF THE HOUSE,

HB 1240. By Representatives Barnett of the 59th, Tolbert of the 58th, Mann of the 6th, Griffin of the 6th and Redding of the 50th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to prohibit loan brokers from performing certain acts; to provide definitions; to provide for the responsibility of principals.
Referred to the Committee on Banks & Banking.

HB 1241. By Representatives Birdsong of the 104th, Lane of the lllth, Carter of the 146th, Holland of the 136th, Hudson of the 117th and others:
A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally, so as to provide ibr the transfer of ownership and to provide for payment for agricultural products under certain conditions.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1242. By Representative Holmes of the 28th:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable only to municipal corporations, so as to provide that the governing authority of any municipality of this state having a population of 130,000 or more according to the United States decennial census of 1990 or any future such census shall not be authorized to require a lessor to be responsible for the payment of any unpaid electric, gas, or water service bills of a lessee.
Referred to the Committee on State Planning & Community Affairs.

HB 1243. By Representatives Holmes of the 28th, Moultrie of the 93rd, Greene of the 130th and Goodwin of the 63rd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time period during which elections can be conducted for the purpose of exempting certain tangible personal property from ad valorem taxation or imposing a joint county and municipal sales and use tax or a special county 1 percent sales and use tax.
Referred to the Committee on Ways & Means.

HB 1244. By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the composition of the commissioner districts from which members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1245. By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, JANUARY 15, 1992

59

HB 1246. By Representatives Pinholster of the 8th, Lane of the 27th, Carrell of the 65th, Stancil of the 8th and Ashe of the 25th:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the provisions relating to definitions; to require HIV testing as a condition for receiving marriage licenses.
Referred to the Committee on Health & Ecology.

HB 1247. By Representatives Pettit of the 19th, Lee of the 72nd, Randall of the 101st, Watson of the 114th, Reaves of the 147th and others:
A bill to amend Code Section 51-12-1 of the Official Code of Georgia Annotated, relating to types of damages and evidence admissible in actions involving special damages, so as to provide that evidence of compensation, benefits, or other payments from collateral sources shall be admissible for consideration by the trier of fact in civil actions in which special damages are sought or evidence of such damages is otherwise introduced by the plaintiff.
Referred to the Committee on Judiciary.

HB 1248. By Representatives Felton of the 22nd, Adams of the 79th, Snow of the 1st, Ray of the 98th, Thurmond of the 67th and others:
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 board of tax assessors, so as to provide that the tax returns of each county shall be presented every five years.
Referred to the Committee on Ways & Means.

HB 1249. By Representatives Holland of the 136th, Skipper of the 116th, Chambless of the 133rd, Walker of the 113th and Poston of the 2nd:
A bill to amend Article 11 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to incorporation of fiduciary powers by reference, so as to provide that any citation or reference in any public or private document, writing, or other instrument to former Code Section 53-15-3, relating to fiduciary powers that may be incorporated by reference, shall be construed to be a reference to current Code Section 53-12-232.
Referred to the Committee on Judiciary.

HR 670. By Representative Wilder of the 21st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the control and regulation of the practice of law, including the admission of practitioners, their licensure, discipline, suspension, removal, and reinstatement.
Referred to the Committee on Judiciary.

HR 671. By Representative Davis of the 77th:
A resolution proposing an amendment to the Constitution so as to create staggered four-year terms for members of the General Assembly.
Referred to the Committee on Rules.

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JOURNAL OF THE HOUSE,

HR 672. By Representatives Alford of the 57th and Dover of the llth:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law authorize local school systems to receive and use proceeds of a county sales and use tax for educational purposes.
Referred to the Committee on Ways & Means.

HR 674. By Representatives Vaughan of the 20th, Aiken of the 21st, Kilgore of the 42nd, Clark of the 20th and Cummings of the 17th:
A resolution proposing an amendment to the Constitution so as to provide for an exemption from state and local sales and use taxation for certain sales by an elementary or secondary school or by a club, organization, or group sponsored by or associated with an elementary or secondary school.
Referred to the Committee on Ways & Means.

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

HB 1167 HB 1168 HB 1169 HB 1170

HB 1171 HR 653 HR 655

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 354 Do Pass, by Substitute HB 761 Do Pass

HB 1121 Do Pass HB 1149 Do Pass

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

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 635 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 17th
Chairman

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

WEDNESDAY, JANUARY 15, 1992

61

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 1106 Do Pass, by Substitute HB 1107 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman

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

Mr. Speaker:

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

HB 1100 Do Pass HB 1108 Do Pass

HB 1111 Do Pass HB 1128 Do Pass

Respectfully submitted, /s/ 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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 644 Do Pass HR 654 Do Pass
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 1100.

By Representative Harris of the 84th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in McDuffie County during designated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

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

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

HB 1108.

By Representative Greene of the 130th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to provide that the chairperson and other members of the board shall not receive their monthly compensation under certain circumstances.

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

HB 1128.

By Representative Moultrie of the 93rd:
A bill to amend an Act placing the coroner of Harris County upon a monthly salary, so as to change the salary of the coroner.

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

HB 1111.

By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the clerk of the superior court.

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

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 followring Bill of the House:

HB 196. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd 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 an unopposed candidate or the campaign committee of an unopposed candidate shall not be required to file certain disclosure reports.

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63

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

HR 644. By Representatives Turnquest of the 56th and Thomas of the 31st:
A resolution commending Dr. Johnnetta B. Cole for her excellent leadership as President of Spelman College and inviting her 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 thifd time:

HB 37. By Representative Cummings of the 17th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to change the provisions relating to members who are former members of the Employees' Retirement System of Georgia.

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 service creditable toward retirement under the Teachers Retirement System of Georgia, so as to change the provisions relating to members who are former members of the Employees' Retirement System of Georgia; 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 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, is amended by striking Code Section 47-3-81, relating to the transfer of service credit and contributions from the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new Code Section 47-3-81 to read as follows:
"47-3-81. Any other provisions of law to the contrary notwithstanding, any member who was previously a member of the Employees' Retirement System of Georgia and who has service credits with the Employees' Retirement System ef- Georgia said employees' retirement system may have such service credits; including employer and employee and accumulated contributions; under said employees' retirement system transferred to the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits and accumulated contributions shall notify the board of trustees of this retirement system in writing of the member's election to do so. Such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights, disability, death, or normal service retirement. Such member shall be required to make additional contributions to this retirement system so that the member's annuity account balance will be the same as though the member had been a member of this retirement system during the period of time for which service credits are transferred from the Employees' Retirement System of Georgia to this retirement system or, in the absence of such payment, the board of trustees shall adjust the member's credits in proportion to the accumulated contributions transferred from the Employees' Retirement System of Georgia to this retirement system. The Employees' Retirement System of Georgia shall pay an employer contribution plus regular interest to the Teachers Retirement System of Georgia for each member transferring service credits and accumulated contributions to the Teachers Retirement System of Georgia authorized in this

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Code section. The amount of such employer contributions shall be 6 percent of the reported compensation of the member while a member of said employees' retirement system. The employees' retirement system shall pay an additional amount of retirement contributions pursuant to Code Section 47-2-51 for an employees' retirement system member covered by Code Section 47-2-334. This payment shall be placed in the pension accumulation fund and will adjust the amount of employee retirement contributions required for service credit."
Section 2. Said article is further amended by striking subsection (a) of Code Section 47-3-85, relating to creditable service for former members of the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Any current member who was previously a member of the Employees' Retirement System of Georgia; set forth m Chapter 2- ef this title, and who withdrew employee contributions from that system not more than three times after January 1, 1961, may establish the service under that system as creditable service under this retirement system, upon rendering at least three years of service as a contributing member of this retirement system, provided that such member pays into this retirement system for all such service rendered while a member of the Employees' Retirement System of Georgia an amount equal to the minimum employee contributions required for continuous members of this retirement system, plus regular interest that would have accrued on such amount from the date that contributions to the Employees' Retirement System of Georgia stopped being credited with interest, were withdrawn te the date such amount is paid. T-h Employees' Retirement System ef Georgia shfrH pay te this retirement system the employer contributions paW te th Employees' Retirement System ef Georgia, plus
test Upon receipt of notice from the Teachers Retirement System of Georgia that a member has repaid to it contributions previously withdrawn from the Employees' Retirement System of Georgia, the Employees' Retirement System of Georgia shall pay an employer contribution plus regular interest to the Teachers Retirement System of Georgia. The amount of such employer contributions shall be 6 percent of the reported compensation of the member while a member of said employees' retirement system. The employees' retirement system shall pay an additional amount of retirement contributions pursuant to Code Section 47-2-51 for an employees' retirement system member covered by Code Section 47-2-334. This payment shall be placed in the pension accumulation fund and will adjust the amount of employee retirement contributions required for service credit."
Section 3. This Act shall become effective on July 1, 1992, 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, 1992, 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 Abernathy Y Adams Y Aiken Y Alford
Ashe Y Atkins Y Baker
Y Balkcom

Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Y Birdsong

E Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush

Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter
Y Cauthorn

Y Chafin Y Chambless Y Cheeks E Childers Y Clark.E Y Clark.L Y Coker
Y Coleman

WEDNESDAY, JANUARY 15, 1992

65

Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y FloydJ.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Y Groover Y Hamilton

Y Hammond Hanner
Y Harris.B Harris.J
Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane,R
Y Langford Y Lawrence Y Lawson YLee YLong

YLord Lucas
YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Padgett Parham Y Parrish Y Patten Y Pelote Y Perry

Y Pettit Y Pinholster
Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Y Randall Ray
Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith, W
Smyre Snow
Y Stancil.F Y Stancil.S

Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Towmend
Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker,J
Y Walker.L Y Wall
Y Watson
Y Watts White
Y Wilder
Y Williams.B
Williams.J
Y Williams.R
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.

Representatives Dunn of the 73rd and Harris of the 96th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 39. By Representative Cummings of the 17th:
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 reestablishment of creditable service for members who are former members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia.

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 reestablishment of creditable service for members who are former members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia; 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 47-2-92, relating to the reestablishment of creditable service for former service as a member of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia, and substituting in lieu thereof a new Code Section 47-2-92 to read as follows:
"47-2-92. Any present member who has withdrawn his accumulated contributions from either the Employees' Retirement System of Georgia or the Teachers Retirement

66

JOURNAL OF THE HOUSE,

System of Georgia, or both, may, after two years of service as a contributing member, reestablish the creditable service for which h the member would have been eligible had he net withdrawn his if the accumulated contributions had not been withdrawn, provided that he the member repays into the retirement system an amount equal to the amount withdrawn, together with regular interest at the rate of 4 Vt percent per annum from the date of withdrawal to the date of repayment, which interest shall be placed in the pension accumulation fund. Upon receipt of notice from the this retirement system to the Teachers Retirement System of Georgia that a member has repaid to it this retirement system contributions previously withdrawn from the Teachers Retirement System of Georgia, the Teachers Retirement System of Georgia shall pay an equal employer contribution plus regular interest into the Employees' Retirement System of Georgia; plus accrued interest en that amount. The amount of the employer contribution shall be 6 percent of the reported compensation of the member during membership in the Teachers Retirement System of Georgia."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 47-2-181, relating to the transfer of service credits from the Teachers Retirement System of Georgia, and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Any other provisions of law to the contrary notwithstanding, any member who was previously a member of the Teachers Retirement System of Georgia who has service credits with the Teachers Retirement System ef- Georgia said teachers retirement system may have such service credits; including employer and employee and accumulated contributions; under said teachers retirement system transferred to the Employees' Retirement System of Georgia, provided that such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights or disability, death, or normal service retirement allowances. The Teachers Retirement System of Georgia shall pay an employer contribution together with regular interest thereon to the Employees' Retirement System of Georgia for each member establishing creditable service under this subsection. The amount of such employer contributions shall be 6 percent of the reported compensation of the member establishing creditable service during membership in the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits shall so notify the board of trustees in writing."
Section 3. This Act shall become effective on July 1, 1992, 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, 1992, 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:

Abernathy Y Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield

Y Birdsong
E Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell

Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks E Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M

Davis.D Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt

Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Manner Y Harris.B
Y Harris.J Y Heard Y Henson Y Herbert

WEDNESDAY, JANUARY 15, 1992

67

Y Holland Y Holmes
Howard
Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing
Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong

Y Lord Lucas
Y Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Meadows Y Merritt
Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr

Y Orrock Y Padgett
Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A
Y Powell.C Y Purcell Y Randall YRay Y Reaves
Y Redding Y Ricketson

Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper 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 Streat Y Taylor
Y Teper Y Thomas.C
Thomas.M Y Thomas.N

Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R
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.

Representative Dunn of the 73rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem assumed the Chair.

HB 183. By Representative Buck of the 95th:
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 prior service.

The following Committee substitute was read and adopted:

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 prior service; to provide 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," is amended by striking Code Section 47-9-41.1, relating to creditable service for service as a state court judge, in its entirety and substituting in lieu thereof a new Code Section 47-9-41.1 to read as follows:
"47-9-41.1. (a) As used in this Code section, the term 'prior service' means: (1) Holding office as a state court judge whether or not such member participated
in a retirement fund; or (2) Holding office as a state court solicitor 'service as a state court judge' means
holding office after December Or, 1076, as a judge ef a state court while a member of the Trial Judges and Solicitors Retirement Fund provided for in Chapter 10 of this title. (b) A member of the retirement system may receive creditable service for service as a state court judge prior service pursuant to the provisions of this Code section.

68

JOURNAL OF THE HOUSE,

(c) (1) For a member who is a member or former member of the Trial Judges and Solicitors Retirement Fund, the The payment required to receive such creditable service shall be an amount equal to all employer and employee contributions made to the Trial Judges and- Solicitors Retirement Fund such fund by or on behalf of the state court judge such member during service as a state court judge or solicitor plus interest on such amount at the rate of 6 percent per annum compounded annually from the date of termination of service as a state court judge or solicitor to the date of payment.
(2) For any member other than a member or former member of the Trial Judges and Solicitors Retirement Fund, the payment required to receive such creditable service shall be an amount equal to all employer and employee contributions which would have been made bjr or on behalf of such member to the Trial Judges and Solicitors Retirement Fund as if such member was a member of such fund for a period corresponding to such member's service as a state court judge or solicitor together with 6 percent interest thereon compounded annually. (d) For a member who at the time of service as a state court judge or solicitor was a member of the Trial Judges and Solicitors Retirement Fund, the following shall be applicable:
(1) For a member who has not withdrawn contributions from the Trial Judges and Solicitors Retirement Fund, the amount provided for in subsection (c) of this Code section shall be transferred from the Trial Judges and Solicitors Retirement Fund to the fund provided for in this chapter j and
4e) (2) For a member who has withdrawn contributions from the Trial Judges and Solicitors Retirement Fund, the amount provided in subsection (c) of this Code section shall be paid as follows:
ft) (A) That portion of the amount provided for in subsection (c) of this Code section which is attributable to employer contributions plus interest thereon shall be transferred from the Trial Judges and Solicitors Retirement Fund to the retirement fund provided for in this chapter; and
{2} (B) That portion of the amount provided for in subsection (c) of this Code section remaining after deducting the amount transferred under paragraph (1) of this subsection shall be paid to the fund provided for in this chapter by the member claiming the creditable service. (e) For a member who was at the time of service as a state court judge or as a solicitor a member of any retirement fund other than the Trial Judges and Solicitors Retirement Fund, the following shall be applicable:
(1) For any such member who has not withdrawn contributions from such fund, all employer and employee contributions together with all accumulated interest thereon at a rate to be determined by the administrator of such fund shall be transferred to the fund provided for in this chapter. Such member shall pay any remaining sums required by subsection (c) of this Code section or shall be entitled to receive any sums so transferred which exceed the sums required by subsection (c) of this subsection; and
(2) For any such member who has withdrawn contributions from such fund, the amount provided for in subsection (c) of this Code section shall be paid as follows:
(A) That portion of the amount provided for in subsection (c) of this Code section which is attributable to employer contributions together with all accumulated interest thereon at a rate to be determined by the administrator of such fund shall be transferred from such fund to the retirement fund provided for in this chapter; and
(B) That portion of the amount provided for in subsection (c) of this Code section remaining after deducting the amount transferred under subparagraph (A) of this paragraph shall be paid to the fund provided for in this chapter by the member claiming the creditable service.
(f) A member who at the time of service as a state court judge was not a member of any retirement fund shall pay to the fund provided for in this chapter the entire amount provided for in subsection (c) of this Code section.

WEDNESDAY, JANUARY 15, 1992

69

(g) Except as provided in Code Section 47-9-77, 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, for prior service as defined by subsection (a) of this Code section shall be eligible to obtain creditable service under this Code section.
{$ (h) A member wishing to obtain creditable service pursuant to the provisions of this Code section shall apply therefor to the board of trustees, and upon the transfer or payment of the amounts provided for in subsection (d) or (e) of this Code section, the applicable creditable service shall be entered on the member's records."
Section 2. This Act shall become effective on July 1, 1992, 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, 1992, 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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong E Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Y Canty Y Carrell
Y Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks E Childers

Y Clark.E Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Davis.D Davis,G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Long YLord
Lucas YMann Y Martin Y McBee
McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper

Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J
Y Walker.L
Y Wall
Watson
Watts
White
Y Wilder
Y Williams.B
Williams.J
Y Williams.R
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.

Representative Dunn of the 73rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

70

JOURNAL OF THE HOUSE,

HB 184. By Representatives Buck of the 95th and Walker of the 115th:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to provide that certain district attorneys who are members of the District Attorneys Retirement Fund of Georgia created by Code Section 47-12-21 may become members of the District Attorneys' Retirement System created by Code Section 47-13-20 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:

Abernathy Y Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker
Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Y Birdsong E Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks E Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Cummings,M Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y FloydJ.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson YLee YLong YLord
Lucas YMann Y Martin Y McBee
Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Par ham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper

Y Smith.L Y Smith,? Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan
Y Walker,J
Y Walker.L
Y Wall
Watson
Y Watts
White
Y Wilder
Y Williams.B
Williams.J Y Williams.R
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.

Representative Dunn of the 73rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 41. By Representative Cummings of the 17th:
A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that full-time officers and employees of new state agencies shall be members of the retirement system as a condition of employment without the necessity of further legislation to provide for such membership.

WEDNESDAY, JANUARY 15, 1992

71

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

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong E Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks E Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Long YLord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Par ham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper

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 Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker,J
Y Walker.L
Y Wall
Y Watson
Y Watts
White
Y Wilder
Y Williams.B
Williams.J
Y Williams.R
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 216. By Representatives Thomas of the 69th, Cummings of the 17th, Dixon of the 128th, Selman of the 32nd and Stancil of the 66th:
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.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot

Y Bargeron Y Barnett.B
Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong E Blitch Y Bordeaux

Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd

Y Campbell Canty
Y Carrell Y Carter N Cauthorn Y Chafin Y Chambless Y Cheeks E Childers

Y Clark.E Y Clark.L
Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M

72

JOURNAL OF THE HOUSE,

Y Davis.D Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson
Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Mann

Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster

Pinkston N Poag Y Porter
Poston Y Powell.A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith, W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley

Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker,J
Y Walker.L
Y Wall
Y Watson
Y Watts
White
Y Wilder
Y Williams.B
WilliamsJ
Y Williams.R
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 Poag of the 3rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 309. By Representatives Murphy of the 18th and Cummings of the 17th:
A bill to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages, eligibility for retirement, and the suspension of retirement benefits under the Employees' Retirement System of Georgia upon reemployment, so as to provide that such benefits shall not be suspended if a member performs no more than 1,040 hours of service for certain employers.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong E Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove

Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks E Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell

Y Culbreth Y Cummings.B
Cummings.M
Y Davis.D Davis.G Davis.M Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Elliott Y Felton
Y Fennel Y Floyd,J.M
Y Floyd.J.W Flynt
Y Godbee Y Golden Y Goodwin

E Green
Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J
Y Heard Y Henson
Herbert
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones

Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Long Y Lord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C

WEDNESDAY, JANUARY 15, 1992

73

Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham

Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston Y Poag Y Porter
Poston Y Powell.A Y Powell.C Y Purcell Y Randall Y Ray

Y Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Snow

Y Stancil.F
Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond
Titus Y Tolbert
Townsend Turnquest Y Twiggs

Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson
Watts White Y Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HB 310. By Representatives Murphy of the 18th and Cummings of the 17th:
A bill to amend Code Section 47-6-84 of the Official Code of Georgia Annotated, relating to termination of the retirement allowance of any retired member returning to state service and to retirement benefits for retired members returning to service in the General Assembly, so as to provide that such retirement allowance shall not cease for a retired member who returns to state service and who performs no more than 1,040 hours of such service in any calendar 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:

Abernathy Y' Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates N Beatty Y Benefield
Birdsong E Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell

Y Carter Y Cauthorn Y Chafin Y Cham bless Y Cheeks E Childers N Clark.E Y Clark.L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Davis.G N Davis.M
Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn
Edwards N Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt

Y Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Manner
Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jajnieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D

Y Lane.R Y Langford Y Lawrence
Y Lawson Y Lee Y Long YLord
Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody N Morsberger Moultrie Y Mueller Y Oliver.C Oliver.M YOrr Orrock
Y Padgett Parham

Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Poston Y Powell.A
Y Powell.C Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Snow

74

JOURNAL OF THE HOUSE,

Y Stancil.F N Standl.S Y Stanley Y Streat Y Taylor
Y Teper

Y Thomas.C Thomas,M
Y Thomas.N Thurmond
Y Titus Tolbert

Townsend Turnquest Twiggs Y Valenti N Vaughan Y Walker.J

Y Walker.L Y Wall Y Watson
Watts White Y Wilder

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

On the passage of the Bill, the ayes were 133, nays 10. The Bill, having received the requisite constitutional majority, was passed.

Representative Pinholster of the 8th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 501. By Representatives Lord of the 107th and Parrish of the 109th:
A bill to amend Article 5 of Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Sheriffs' Retirement Fund of Georgia, so as to provide that any member who was appointed to fill an anticipated vacancy in the office of sheriff shall be eligible for prior service credit for such 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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong E Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks E Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M
Y Floyd.J.W Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Poston Y Powell.A
Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper

Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Townsend Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J
Y Walker.L
Y Wall
Y Watson
Y Watts
White
Y Wilder
Y Williams.B
WilliamsJ
Y Williams.R
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.

WEDNESDAY, JANUARY 15, 1992

75

HB 203. By Representative Pettit of the 19th:
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' retirement systems of certain state authorities and commissions, so as to provide that all officers and employees of the GeorgiaNet Authority shall become members of the Employees' Retirement System of Georgia.

The following Committee substitute was read and adopted:

A BILL
To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the GeorgiaNet Authority shall become members of the said retirement system; to provide for other matters relative to thereto; 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. 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 and commissions being members of the Employees' Retirement System of Georgia, is amended by inserting at the end thereof a new Code Section 47-2-320 to read as follows:
"47-2-320. (a) As used in this Code section, the term: (1) 'GeorgiaNet Authority' or 'authority' means the GeorgiaNet Authority estab-
lished by Chapter 25 of Title 50. (2) 'Officer or employee' means the executive director of the authority and any
other full-time employee of the authority employed pursuant to the provisions of subsection (d) of Code Section 50-25-2.
(3) 'Proof of prior employment' means pay records, income tax withholding records, or other records of the authority which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an officer or employee of the authority. (b) Effective July 1, 1992, or on the date of employment, each officer or employee of the authority shall become a member of the retirement system. (c) (1) This subsection shall apply only to an officer or employee of the authority holding office or employed on July 1, 1992, who, prior to becoming such an officer or employee was a member of the retirement system and whose contributions to the retirement system have not been withdrawn.
(2) An officer or employee of the authority who is subject to the provisions of this subsection shall, upon furnishing proof of prior employment to the board of trustees, be eligible to receive creditable service under this retirement system for prior employment as an officer or employee of the authority, subject to the requirements of this subsection. Any such officer or employee must pay to the board of trustees the employee contributions which would have been paid during the period of prior employment if the officer or employee had been a member of the retirement system during such period. The authority shall be authorized to pay from any funds available to the authority the employer contributions which would have been paid during such period of prior employment. For a member claiming creditable service for prior employment under this subsection, the board of trustees shall determine the period of time that the payments to the board of trustees provided for under this subsection will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement system. Except as otherwise provided in paragraph (3) of this subsection, the amount of creditable service so determined shall be the creditable service to which the member is entitled.

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(3) The authority shall be authorized to supplement, if necessary, the payments made to the board of trustees under paragraph (2) of this subsection in an amount, as determined by the board of trustees, which will fully fund as creditable service the total amount of prior employment of the officer or employee without creating any additional accrued liability of the retirement system. If such supplement is paid to the board of trustees by the authority, the officer or employee shall receive full creditable service under the retirement system for all prior employment as an officer or employee of the authority.
(4) An officer or employee of the authority who is subject to the provisions of this subsection shall have the same membership status under the retirement system which the person had during the person's previous service as a member of the retirement system. Nothing in this subsection shall be construed to limit the right of an officer or employee of the authority who is subject to the provisions of this subsection to retain or reestablish creditable service for previous service as a member of the retirement system. (d) Any officer or employee of the authority who was already a member of the retirement system on July 1, 1992, 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, 1992, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. (e) Except as otherwise provided in subsections (c) and (d) of this Code section, an officer or employee of the authority becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (f) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the GeorgiaNet Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter."
Section 2. This Act shall become effective on July 1, 1992, 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, 1992, 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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong E Blitch

Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd
Y Campbell Canty
Y Carrell
Y Carter Y Cauthorn
Y Chafin Y Chambless

Y Cheeks E Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.G
Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs

Y Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee
Y Golden Y Goodwin E Green
Y Greene Y Griffin
Y Groover Y Hamilton

Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Herbert Y Holland Y Holmes Y Howard
Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins
Y Jones Y Kilgore

WEDNESDAY, JANUARY 15, 1992

77

YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langi'ord
Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney.B

McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Par ham Y Parrish Y Patten Y Pelote

Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter
Poston Y Powell.A
Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson

Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas.N Thurmond
Y Titus

Y Tolbert Y Townsend
Turnquest Y Twiggs Y Vaienti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White
Y Wilder Y Williams.B
Williams,J Y Williams.R 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 634. By Representatives Cummings of the 17th, Baker of the 51st, Irwin of the 57th and Clark of the 13th:
A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Georgia Firemen's Pension Fund, so as to provide that certain members may under certain circumstances obtain credit for certain service rendered as a fireman or volunteer fireman.

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

Y Abernathy Y Adams N Aiken Y Alford N Ashe N Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Y Birdsong E Blitch
Y Bordeaux Y Bostick Y Branch N Breedlove
Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter N Cauthorn

Y Chafin Y Chambless Y Cheeks E Childers N Clark.E Y Clark.L N Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis.G N Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott
Y Felton Y Fennel Y Floyd.J.M
Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green

Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
N Klein NLadd Y Lane.D
Y Lane.R Y Langford
N Lawrence Y Lawson YLee Y Long

YLord Lucas
N Mann Y Martin
McBee McCoy Y McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Mills Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag

Y Porter Poston
Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L N Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond

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Y Titus Y Tolhert N Townsend
Turnquest

Y Twiggs Y Valenti N Vaughan Y Walker.J

Y Walker.L N Wall Y Watson Y Watts

Y White N Wilder N Williams.B
Williams,J

Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 131, nays 19. The Bill, having received the requisite constitutional majority, was passed.

HB 711. By Representatives Baker of the 51st, Cummings of the 17th and Alford of the 57th:
A bill to amend Code Section 47-7-82 of the Official Code of Georgia Annotated, relating to membership in the Georgia Firemen's Pension Fund by a fire department employee other than a fireman or volunteer fireman, so as to authorize continued membership for certain persons having certain administrative oversight responsibilities.

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

Y Abernathy Y Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeton
Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong E Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks E Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis,G Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson
Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock
Y Padgett Parham
Y Parrish Y Patten
Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper

On the passage of the Bill, the ayes were 148, nays 1. The Bill, having received the requisite constitutional majority, was

Y Smith.L Y Smith.P
Smith.T Y Smith, W
Smyre YSnow Y Stancil.F
Stancil,S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J
Y Walker.L
Y Wall
Y Watson
Y Watts
Y White
Y Wilder
Y Williams.B
Williams.J
Y Williams.R
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.

WEDNESDAY, JANUARY 15, 1992

79

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

HB 196. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd 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 an unopposed candidate or the campaign committee of an unopposed candidate shall not be required to file certain disclosure reports.

The following Senate substitute was read:

A BILL
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to change the date of the presidential preference primary; to require certain elections to be conducted on such revised date; to provide for the preparation, obtaining, and delivering of certain absentee ballots, envelopes, and supplies; to provide for duties and procedures for election officials; to provide for the use of certain ballots; to provide for the accepting of certain absentee ballots; to provide for the computation and consolidation of certain returns; to provide for effective dates; to provide for automatic repeal of certain provisions under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking Code Section 21-2-191, relating to the holding of the presidential preference primary, and inserting in its place a new Code Section 21-2-191 to read as follows:
"21-2-191. (a) As provided in this article, a presidential preference primary shall be held in 1088 1992 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in the state, so that the electors may express their preference for one person to be the candidate for nomination by his party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held on March 87 1-988 March 3^ 1992, and on the second first Tuesday in March every four years thereafter. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary.
(b) Notwithstanding any provision of any local law to the contrary, any referendum or special election which is required to be held on the date of and in conjunction with the March 10, 1992, presidential preference primary pursuant to a local law shall not be conducted on that date but shall be held on the date of the March 3, 1992, presidential preference primary."
Section 1A. Said chapter is further amended by striking Code Section 21-2-191, relating to the holding of the presidential preference primary, and inserting in its place a new Code Section 21-2-191 to read as follows:

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"21-2-191. As provided in this article, a presidential preference primary shall be held in 1988 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in the state, so that the electors may express their preference for one person to be the candidate for nomination by his party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held on March 8, 1988, and on the second Tuesday in March every four years thereafter. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary."
Section 2. Said chapter is further amended by adding a new subsection immediately following subsection (a) of Code Section 21-2-384, relating to preparation and delivery of certain absentee ballots, envelopes, and other supplies, to be designated subsection (a.l), to read as follows:
"(a.l) Notwithstanding any provision of law to the contrary, at least 31 days prior to the presidential preference primary to be held in 1992, the superintendent shall prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article to the board of registrars for use in the presidential preference primary."
Section 3. Said chapter is further amended by striking Code Section 21-2-200, relating to applicability of certain general primary provisions and forms of ballots, and inserting in its place a new Code Section 21-2-200 to read as follows:
"21-2-200. A presidential preference primary shall be conducted, insofar as practicable, pursuant to this chapter respecting general primaries, except as otherwise provided in this article. In setting up the form of the ballot, the Secretary of State shall provide for designating the name of the candidate to whom a candidate for delegate or delegate alternate is pledged, if any. Notwithstanding any provision of law to the contrary, with respect to the presidential preference primary to be held in 1992, ballots which are in conformance with all provisions of this chapter except for the date of the election printed on the ballot may be used in the presidential preference primary conducted in 1992 under the provisions of Code Section 21-2-191."
Section 4. Said chapter is further amended by adding a new subsection immediately following subsection (b) of Code Section 21-2-386, relating to the receiving of certain absentee ballots, to be designated subsection (b.l), to read as follows:
"(b.l) Notwithstanding any provision of law to the contrary, with respect to the presidential preference primary to be held in 1992 the board of registrars shall also keep safely and unopened all official absentee ballots received from absentee electors after 7:00 P.M. on the date of the presidential preference primary but no later than 5:00 P.M. on the fourteenth day following the date of the presidential preference primary which are postmarked on or before the date of the presidential preference primary. At 5:00 P.M. on the fourteenth day following the date of the presidential preference primary the registrars shall deliver all such ballots to the election superintendent to be counted in the same manner as absentee ballots are ordinarily counted."
Section 5. Said chapter is further amended by adding a new subsection at the end of Code Section 21-2-493, relating to computation, canvassing, and tabulation of returns, to be designated subsection (m) to read as follows:

WEDNESDAY, JANUARY 15, 1992

81

"(m) Notwithstanding any provision of law to the contrary, with respect to the presidential preference primary to be held in 1992, the superintendent shall begin to compute and consolidate the returns from each precinct and all absentee ballots cast through 7:00 P.M. on the date of the presidential preference primary not later than 12:00 Noon on the day following the date of the presidential preference primary in accordance with the procedures set forth in this Code section. Upon the conclusion of the consolidation, the superintendent shall announce the results of the consolidation but shall not certify the consolidation. At or before 12:00 Noon on the fifteenth day following the date of the presidential preference primary, the superintendent shall compute and canvass the returns of the absentee ballots which were received by the registrars after 7:00 P.M. on the date of the presidential preference primary but by 5:00 P.M. on the fourteenth day following the date of the presidential preference primary which were postmarked on or before the date of the presidential preference primary. These returns shall be added to the consolidation of the votes previously prepared and a final consolidation of the votes shall be certified and filed as other certifications of election results and all election materials shall then be distributed in accordance with the provisions of this chapter."
Section 6. (a) Section 1 of this Act shall become effective, following the approval of this Act by the Governor, upon the preclearance of this Act by the United States Attorney General pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. If this Act does not receive such preclearance from the United States Attorney General on or before January 27, 1992, Section 1 of this Act shall be void and shall stand repealed in its entirety as of that time and date.
(b) In the event Section 1 of this Act becomes effective under the conditions specified in subsection (a) of this section, Section 1A of this Act shall not become effective and shall be void and shall stand repealed in its entirety upon Section 1 becoming effective. In the event Section 1 of this Act does not become effective under the conditions specified in subsection (a) of this section, Section 1A of this Act shall become effective on January 28, 1992.
(c) Except as otherwise provided in this section, the remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Ladd of the 44th moves to amend the Senate substitute to HB 196 by striking all material beginning with line 1 of page 1 through all succeeding pages in their entirety and inserting in lieu thereof the following language:
"To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to change the date of qualifying; to change the date of the general primary and the presidential preference primary; 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 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking Code Section 21-2-132, relating to filing of notice of candidacy, in its entirety and inserting in lieu thereof a new Code Section 21-2-132 to read as follows:
'21-2-132. (a) The names of nominees of political parties nominated in a primary and the names of candidates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section.
(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice

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of the Supreme Court shall comply with the requirements of subsections (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots.
(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April May immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April May;
(2) Each candidate for the office of judge of a state court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than
9:00 A.M. on the fourth Monday in April May immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April May.
(c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superin-
tendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his agent, desiring to have his
name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior
to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of
the call of the election and no later than 25 days prior to the election in the case of a special election;
(2) Each candidate for a county office, or his agent, desiring to have his name
placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in
June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier
than the date of the call of the election and no later than 25 days prior to the election in the case of a special election.
(d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to
the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he filed his notice of candi-
dacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for Presi-
dent and Vice President of the United States; (2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such incumbent if, prior
to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy
and a nomination petition as required by this chapter; (4) A candidate seeking election to the office of judge of a state court, judge of
a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary; or

WEDNESDAY, JANUARY 15, 1992

83

(5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180.
(e) Each candidate required by this Code section to file a notice of candidacy shall accompany his notice of candidacy with an affidavit stating:
(1) His residence, with street and number, if any, and his post office address; (2) His profession, business, or occupation, if any;
(3) The name of his precinct;
(4) That he is an elector of the county of his residence eligible to vote in the election in which he is a candidate;
(5) The name of the office he is seeking;
(6) That he is eligible to hold such office; (7) That he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored; and (8) That he will not knowingly violate this chapter or rules and regulations adopted under this chapter.
The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his notice of candidacy.
(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 Secretary of 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.
(g) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements:
(1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 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 in the election at which such candidate seeks to
be elected. A qualifying petition of a candidate for any other office 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 seek-
ing and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a can-
didate 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

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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.
(2) Each person signing a qualifying petition shall declare therein that he is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his signature his residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation.
(3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, business, or occupation, if any, his place of residence with street and number, if any, the name of the office he is seeking, his political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute
one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or
back thereof the affidavit of the circulator of such sheet, setting forth: (A) His residence address, giving municipality with street and number, if any; (B) That each signer manually signed his own name with full knowledge of the
contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last
day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are reg-
istered electors of the state qualified to sign the petition, that their respective res-
idences are correctly stated in the petition, and that they all reside in the county named in the affidavit. (4) No qualifying petition shall be circulated prior to 180 days before the last
day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same.
(5) A qualifying petition shall not be amended or supplemented after its presen-
tation to the appropriate officer for filing.'
Section 2. Said chapter is further amended by striking Code Section 21-2-150, relating to the date of the general primary, in its entirety and inserting in lieu thereof a new
Code Section 21-2-150 to read as follows: '21-2-150. (a) Whenever any political party holds a primary to nominate candi-
dates for public offices to be filled in the ensuing November election, such primary
shall be held on the third first Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section.
(b) Whenever any nonpartisan primary is held to nominate candidates for the
office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third first
Tuesday in July in each even-numbered year, except as provided in subsection (c) of
this Code section. (c) Whenever the primary occurs during the same week of the national convention
of either the political party whose candidates received the highest number of votes or
the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the second Tuesday in July of such year. This subsection shall not apply unless the date of the con-
vention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted.'

WEDNESDAY, JANUARY 15, 1992

85

Section 3. Said chapter is further amended by striking Code Section 21-2-191, relating to the holding of the presidential preference primary, and inserting in its place a new Code Section 21-2-191 to read as follows:
'1-2-191. As provided in this article, a presidential preference primary shall be held in 1088 1992 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in the state, so that the electors may express their preference for one person to be the candidate for nomination by his party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held on March 87 i9S8 March 10, 1992, and on the second Tuesday in March every four years thereafter. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary.'
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."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken N Alford Y Ashe Y Atkins N Baker N Balkcom N Barfoot
Bargeron N Barnett.B Y Harriett,M N Bates Y Beatty N Benefield N Birdsong E Blitch N Bordeaux N Bostick N Branch Y Breedlove N Brooks N Brown Y Brush
N Buck N Buckner N Byrd Y Campbell N Canty N Carrell N Carter
N Cauthorn N Chafin N Chambless N Cheeks E Childers

Y Clark.E N Clark.L Y Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B
Cummings,M N Davis.D
Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt
Godbee N Golden Y Goodwin E Green N Greene N Griffin
N Groover Hamilton
N Hammond N Manner N Harris.B N Harris.J

Y Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins Y Jones N Kilgore N King Y Kingston Y Klein Y Ladd N Lane.D N Lane.R N Langford Y Lawrence N Lawson NLee N Long NLord
Lucas Y Mann N Martin N McBee N McCoy N McKelvey Y McKinney.B N McKinney,C N Meadows N Merritt N Milam

N Mills N Mobley N Moody Y Morsberger
Moultrie Y Mueller N Oliver.C N Oliver.M N Orr N Orrock N Padgett
Parham N Parrish N Patten N Pelote N Perry N Pettit Y Pinholster
Pinks ton N Poag N Porter N Poston N Powell.A N Powell.C N Purcell N Randall
NRay N Reaves N Redding
N Ricketson N Royal N Selman N Sherrill
Simpson N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 33, nays 127.

N Smith,!, N Smith.P N Smith.T
Smith.W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas,N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest N Twiggs N Valenti Y Vaughan
N Walker.J
N Walker.L
N Wall
N Watson
N Watts White
Y Wilder
Y Williams.B
Williams.J
Y Williams.R
N Yeargin
Murphy ,Spkr

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JOURNAL OF THE HOUSE,

The amendment was lost.

Representative Porter of the 119th moved that the House agree to the Senate substitute to HB 196.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken Y Alford N Ashe N Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B N Barnett.M
Y Bates N Beatty Y Benefield
Y Birdsong E Blitch N Bordeaux Y Bostick Y Branch N Breedlove
Y Brooks Y Brown N Brush
Y Buck Y Buckner
YByrd N Campbell N Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks E Childers

N Clark.E Y Clark.L N Coker Y Coleman Y Colwell Y Connell Y Culbreth N Cummings.B Y Cummings.M
N Davis.D Davis.G
N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Elliott N Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Godbee Y Golden N Goodwin E Green Y Greene Y Griffin N Groover
Hamilton
Y Hammond Y Hanner Y Harris.B Y Harris.J

N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins N Jones Y Kilgore YKing N Kingston N Klein NLadd Y Lane.D Y Lane.R Y Langford N Lawrence N Lawson YLee YLong YLord N Lucas NMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C
Y Meadows Y Merritt Y Milam

On the motion, the ayes were 121, nays 43. The motion prevailed.

Y Mills N Mobley Y Moody N Morsberger
Moultrie N Mueller Y Oliver.C Y Oliver.M NOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit N Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding N Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper

Y Smith.L Y Smith.P Y Smith.T N Smith.W Y Smyre YSnow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond N Titus N Tolbert N Townsend
Turnquest Y Twiggs Y Valenti N Vaughan
Y Walker.J
Y Walker.L
Y Wall
Y Watson
Y Watts
Y White
N Wilder
N Williams.B
Williams.J
N Williams.R
Y Yeargin
Murphy.Spkr

Representative Ricketson of the 82nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Brooks of the 34th arose to a point of personal privilege and addressed the House.

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

HR 654. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A resolution commending the Jones County High School women's softball 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 Rules:

WEDNESDAY, JANUARY 15, 1992

87

HR 673. By Representatives Stancil of the 66th, Buck of the 95th, Lane of the lllth, McBee of the 68th and Thurmond of the 67th:
A resolution recognizing the national 4-H winners from Georgia and the State 4-H President and inviting them to appear before the House of Representatives; recognizing the observance of 4-H Day at the state capitol.

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

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Representative Hall, Atlanta, Georgia Thursday, January 16, 1992

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Robert Wigley, Hazlehurst, Georgia.
The members pledged allegiance to the flag.
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 1250. By Representatives Padgett of the 86th and Williams of the 90th: 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 provide that the term "retail sale" or "sale at retail" shall not include sales of electricity for chlor-alkali manufacturing processes.
Referred to the Committee on Ways & Means.
HB 1251. By Representatives Floyd of the 154th and Purcell of the 129th: A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for a seven-member board of commissioners consisting of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected.
Referred to the Committee on State Planning & Community Affairs - Local.

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89

HB 1252. By Representatives Floyd of the 154th and Purcell of the 129th: A bill to create the board of education of the Liberty County School District.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1253. By Representative Purcell of the 129th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to provide that the governing authority of Effingham County shall consist of six commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1254. By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1255. By Representatives Dobbs of the 74th, Watts of the 41st, Benefield of the 72nd, Chambless of the 133rd, Chafin of the 72nd and others:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to require a county which sells materials used in the construction of water systems, sewer systems, or other such facilities to publish acceptable manufacturing or engineering standards of such materials sold by the county and such other materials, if any, which the county finds acceptable for the construction of such facilities.
Referred to the Committee on State Planning & Community Affairs.

HB 1256. By Representative Watson of the 114th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the definition of retail sale regarding the state sales and use tax; to exempt certain revenues generated from certain amusement machines from state sales and use taxation.
Referred to the Committee on Ways & Means.

HB 1257. By Representatives Bostick of the 138th and Carter of the 146th: A bill to provide a new charter for the City of Ty Ty.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1172 HB 1173 HB 1174 HB 1175 HB 1176 HB 1177

HB 1178 HB 1179 HB 1180 HB 1181 HB 1182 HB 1183

90
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

JOURNAL OF THE HOUSE,
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 HB 1245 HB 1246 HB 1247 HB 1248 HB 1249 HR 670 HR 671 HR 672 HR 674

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 rec-
ommendations:

HB 1185 Do Pass HB 1187 Do Pass

HB 1188 Do Pass HB 1189 Do Pass

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

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

Mr. Speaker:

THURSDAY, JANUARY 16, 1992

91

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 1163 Do Pass HB 1164 Do Pass
Respectfully submitted, /sf 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 1163. By Representative Yeargin of the 14th:
A bill to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to change the descriptions of the education districts of the board and provide for definitions and inclusions of parts of education districts.

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

HB 1164.

By Representative Yeargin of the 14th:
A bill to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to change the description of the commissioner districts and provide for definitions and for inclusions of parts of commissioner districts.

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

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 829. By Representatives Murphy of the 18th and Porter of the 119th:
A bill to amend Code Section 46-2-5 of the Official Code of Georgia Annotated, relating to the chairmanship of the Public Service Commission, so as to change the provisions relating to the chairman.

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

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HB 198. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwill of the 63rd, Titus of the 143rd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time period during which elections can be conducted for the purpose of exempting certain tangible personal property from ad valorem taxation or imposing a joint county and municipal sales and use tax or a special county 1 percent sales and use tax.

HB 233. By Representatives Dixon of the 151st, Dover of the llth, Walker of the 115th, Smith of the 156th and Coleman of the 118th:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the ad valorem taxation of property, so as to provide that restrictions or limitations on the use of land resulting from state or federal law or rules or regulations adopted pursuant thereto shall be considered in determining fair market value.

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

HR 675. By Representatives Taylor of the 94th, Cummings of the 134th, Sinkfield of the 37th, Turnquest of the 56th, Baker of the 51st and others:
A resolution recognizing Delta Sigma Theta Sorority and inviting members of that sorority to appear before the House of Representatives on Friday, February 7, 1992.

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

HB 1107. By Representative Greene of the 130th:
A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, the "Georgia Municipal Training Act," so as to designate existing Code Section 36-45-1 through 36-45-9 as Article 1; to provide for training classes for clerks of the governing authority of any municipality; to change the composition of the Board of the Georgia Municipal Training Institute; to provide for establishment of training classes for city clerks by the Carl Vinson Institute of 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 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Representative Morsberger of the 62nd arose to a point of personal privilege and addressed the House.

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

THURSDAY, JANUARY 16, 1992

93

HB 1229.

By Representatives Cummings of the 17th and Floyd of the 135th:
A bill to amend Article 1 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Municipal Employees Benefit System, so as to authorize the employees of certain local authorities to participate in such system.

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 640 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 Pierre Howard.

The Resolution calling for the Joint Session was read.

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

When Franklin D. Roosevelt was struck down by a cerebral hemorrhage in 1945, he was at the Little White House in Warm Springs, posing for a portrait while he jotted down notes for a speech he was to have made.
A fragment from that unfinished speech reads, "The only limit to our realization of tomorrow is our doubts of today."
We've got uncertainties these days, with the national recession dragging on. And we are going to deal with those uncertainties in the supplemental budget. But we cannot allow our doubts of today to stand in the way of our realization of tomorrow.
Let me begin by talking first about the immediate situation we face over the remainder of this fiscal year. Last August, most all the economists, including our own Dr. Thomassen, projected flat revenue growth during the first half of FY 92, with modest growth during the second half of the year.
Well now, the first part of that projection has proved true. So far, revenues for FY 92 are running 1.5 percent behind last year.
The forecast for modest growth toward the end of FY 92 still holds, but I am ever mindful that we have no reserves should it not materialize, and we must be very, very careful.
Therefore, I whittled on this old budget a little bit more. I have reduced my revenue estimate for FY 92 by another $50 million to $7,465 million, which would require revenue growth of 2.8 percent.
This move will give us a hedge should revenues not increase as expected during the latter half of the year. And if some growth is realized, then we can begin the critical process of rebuilding the state's reserves.
Let me emphasize that this $50 million reduction will be achieved without laying off any state employees or reducing any program. It will be offset largely through several revenue sources.
As a result of spending controls, we had an unusually large lapse, and the cuts we made in August saved more than we projected.
And we have surplus debt service appropriations from the cancellation of several bonded projects and the drop in interest rates.
I have downsized the supplemental budget. It is lean and it's fiscally responsible. Its goal is to give our economy the remainder of this fiscal year to begin recovery, and use any growth in revenues toward the end of the year, for our depleted reserves.

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We will have the January revenue numbers on February 10, and if we have to, we will cut even more on the supplemental budget.
Those are the uncertainties of the moment. Let me now turn my attention to the realization of tomorrow to the budget for FY 93, which and let me emphasize this does not begin until next July.
And its end is 17 months away, by which time all economists agree that we will be well on our way out of this recession.
On Tuesday, I talked some common sense. Today I want to talk some dollars and cents.
As you have been learning from Georgia Rebound 101, the four goals are improve education, preserve our environment, boost economic activity all across the state, and promote public safety.
I begin with the first and most important point of Georgia Rebound education. My FY 93 budget includes full restoration of the August cut to the Quality Basic Education formula that sends state funds to local school systems. And for our teachers, I recommend a 3 percent cost-of-living increase. These two combined cost more than $127 million. In addition, we must accommodate a projected enrollment growth of 28,000 new students next school year in the funds for the QBE formula. I propose that we restore the 60 pilot pre-kindergarten programs, the 15 foreign language pilots, the expansion of the Governor's Honors Program and the funding for dutyfree lunch periods for teachers, which were cut from the FY 92 budget in August. My budget includes stipends for 750 mentor teachers, and funds to begin the Governor's School Leadership Institute, which I explained on Tuesday. It also includes funds to use a satellite transponder for Distance Learning, enabling us to send a high-quality signal around the state on several channels. Its purpose is to enable small, rural schools to offer enrichment courses in math, science and foreign languages. And I am proposing the most ambitious K-12 education construction program ever $140 million for school construction in 92 systems. Another $4 million will purchase vocational education equipment. And $3.5 million will provide matching funds for public library construction in Bartow, Chattooga, Columbia, Meriwether, Taylor and Thomas counties. The biggest complaint from teachers and administrators is the tremendous volume of paperwork. I'm proposing almost $5 million in bonds and cash for the Student Information System to put administrative computer equipment in 100 additional schools. Time-consuming paperwork like class schedules, attendance records and grade reporting, will be turned over to a computer, freeing teachers to devote their time to our children. For the 34 colleges and universities in our University System and our Technical and Adult Education institutes, I am also recommending a 3 percent cost-of-living increase. And because of increased enrollment, we need to add more than $61 million to the funding formula for the University System. Just as for our public schools, I propose the largest construction initiative in the state's history for the University System, using bonds totalling almost $185 million. The bulk of these bonds $142.8 million will construct 16 buildings which have been identified by the Board of Regents as the system's most urgent facility needs. They are located on the campuses of: - The University of Georgia, - Georgia Tech, - Georgia State University, - Georgia Southern University in Statesboro,
- Valdosta State College,
- North Georgia College in Dahlonega,
- West Georgia College in Carrollton,
- Georgia College in Milledgeville,
- Armstrong State College in Savannah,

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- Gordon College in Barnesville, - South Georgia College in Douglas, - Kennesaw College in Cobb County, - Macon College, - Gainesville College, - Darton College in Albany, - and Fort Valley College. Another $25.2 million is proposed for major renovation and maintenance. More than 400 of our University System buildings are over a half-century old. Another 1,000 are between 25 and 50 years old, when it's time for a new roof and new systems. Yet over the past decade, we have appropriated construction funds equal to only one percent of the replacement cost of our physical plant. In my State of the State Address on Tuesday, I spoke of the importance of the Georgia Research Alliance in coordinating and expanding major university research programs to spur high-quality, high-tech economic growth. I am proposing $15 million in bonds and cash for construction and equipment related to this far-reaching effort. And in recognition of the increasing cost of going to college, I want to increase Tuition Equalization Grants for students at our independent colleges to $1,000 per student. Our third educational component is our very fine network of Technical and Adult Educational institutions. Here aim I propose the most massive construction program in our history $32.6 million in bonds for 11 vo-tech institutes, including: Douglasville, Warner Robins, Dublin, LaGrange, Sandersville, Augusta, Marietta, Fitzgerald, Rome, Thomaston and Macon. Georgia businesses must be competitive in a global economy, and they are bringing advanced technology into their plants to do that. But they need a skilled workforce to operate it. For example, the aerospace industries in middle Georgia are technologically advanced, high-wage industries that we want to keep and expand. But they are having trouble finding enough qualified employees. To meet needs like this, we must upgrade and expand our technical education programs and expand our student capacity at our post-secondary vocational-technical institutions.
And so almost $7 million of the new funds for Technical and Adult Education are earmarked for aerospace training in Middle Georgia.
I also recommend more than $1 million to expand Georgia's adult literacy programs and provide assistance to the Literate Community Program, which helps local communities begin a comprehensive literacy initiative.
All the education parts of Georgia Rebound are closely related to economic growth. And another key ingredient in economic growth is highways, which are to a state like a network of arteries is to the human body. I propose $100 million in bonds for our road improvement program. In the past, we expedited construction on Corridor Z across South Georgia and the Appalachian Highway in North Georgia.
I now want us to expedite the Fall Line freeway from Columbus to Augusta and U.S. Highway 27 between Chattanooga and Bainbridge, which will take up to 30 percent of the pressure off of 1-75.
I want to again provide $38.6 million to LARP. And $3 million to improve access to the World Congress Center.
But I want to say this: Roads are not the only mode of transportation. When you helped me with the selection of Wayne Shackelford as DOT Commissioner, it was understood that we would have a transportation commissioner, not just a highway commissioner.
I want the state to purchase a 36.8-mile abandoned rail line between southeast Cobb County and Rockmart. It is a ready-made rail corridor that will be critical to metro Atlanta's commuter needs in the future.
We also must make a comprehensive study of our air transportation needs statewide. One hasn't been done in 19 years.

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As political barriers break down around the world, international trade opportunities are going to increase by leaps and bounds. And we must position ourselves to take advantage of them.
If we can establish Georgia as an international trade center, we could generate as much as $3 billion in economic activity and 25,000 new jobs by the year 2000.
Expanding Georgia's deep-water ports is critical to boosting our exports. My budget proposes a major expansion program totalling $63 million. And the Ports Authority will be contributing another $14.3 million from its resources.
We must deepen the Savannah Harbor Channel, and expand our capacity to handle the new and larger container ships.
We will actively seek federal participation to help pay much of the cost of the harbor deepening.
The Ports Authority has enough money to upgrade two existing container cranes to handle the new, larger ships. And I propose state bonds to upgrade another two.
Debt service for these improvements will be repaid by the Authority from its revenues.
In addition, we will establish a Trade Division in the Department of Industry, Trade and Tourism, and create the Governor's Council on International Trade and Business to better coordinate our various trade programs.
We will take advantage of the new U.S.-Canada trade agreement by pursing export leads with Canadian importers, and initiate an Agricultural Machinery Export Program.
On the tourism front, we must move ahead with our efforts to make Georgia a destination for tourists, rather than a pit stop on the way to somewhere else.
I propose planning money to replace the welcome center at Ringgold where 1-75 comes in from Tennessee. This facility was designed for 175,000 visitors a year. Last year more than 2 million people stopped to use it.
I also propose funding to move forward with the next phase of the Mountain Park, designed to foster tourism in the North Georgia mountains.
This recreational facility was recommended by Governor Harris in 1987 and $3 million was spent during the Harris administration to begin the project. We are moving forward according to the goals established at that time.
And my bond program includes funds to renovate and repair our farmers' markets in Atlanta, Cairo, Cordele, Glennville, Moultrie and Pelham.
The third point of Georgia Rebound is preserving our environment. Among the 12 Southeastern states, Georgia ranks seventh in its state-owned natural acreage and ninth in its wildlife acreage. That's pretty bad for the state that calls itself the Empire State of the South. Most of you are aware of my efforts with Preservation 2000, whose goal is to acquire 100,000 acres of land for hunting, fishing, wilderness preservation and recreation during my administration. Preservation 2000 is a public-private partnership, and we have already acquired more than 8,000 acres of environmentally sensitive land, largely with private funds. I propose that the state funds going toward this effort be generated through $20 million in bonds, and we will use these funds to continue to leverage private contributions. We are following through on our 1987 pledge to use revenues from hunting and fishing licenses to make improvements to game and fish activities.
I am proposing $1 million for a new public fishing lake and management for newly acquired wildlife areas.
The second issue in this part of Georgia Rebound has to do with processing waste and ensuring clean air and water supplies.
I recommend that we issue $5.5 million bonds to acquire land for the West Georgia Reservoir.
We previously authorized funds for the environmental impact studies needed prior to acquiring the land and designing the reservoir, and I want to move forward with this badly needed water resource in West Georgia.
My budget also includes $1.6 million to hire 21 new employees to handle the increased workload and responsibilities mandated by the Federal Clean Air Act.

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However, we propose to recover these costs through an increase in the air quality permit fees keeping this program on a cost-recovery basis, which we have failed to do with user fees so often in the past.
Last but not least, the fourth point of Georgia Rebound is the safety of our citizens. My budget for FY 93 provides operating funds for 6,090 new beds in five new prisons in Telfair, Hancock, Washington, Johnson and Mitchell counties; as well as six new boot camps in Chattooga, Gwinnett, Telfair, Hancock and Washington counties, a youth detention center in Dodge County and a parole center in Clinch County. Also, you may recall we put three boot camps in Mitchell, Lanier and Emanuel counties on hold in August so that they could be built with inmate labor. With the completion of the first six, we will be able to put inmates to work on these three, building them for $3.6 million in bonds, compared to the $6 million originally projected.
Although we did not lay off any troopers last August, we did cut positions that were vacant as the result of the hiring freeze. I recommend that we restore those cuts and begin training troopers in FY 92. And my FY 93 budget includes funds to finish this job.
Just as our fees for driver's licenses have not kept pace with the cost, neither have our facilities kept pace with the demand.
I propose a $3 million expansion to our network of driver's license facilities, establishing 15 new locations in high-volume areas around the state, expanding 10 existing facilities and adding 60 new examination staff.
This will enable us to provide better, faster and more convenient service in exchange for our higher fee.
Before I leave law enforcement, let me say a word about indigent defense. Government
has a constitutional obligation to provide legal defense for poor people charged with crimes.
This burden has fallen largely on county governments, which picked up 95 percent of the cost last year.
I propose we increase the state appropriation to $2 million. And the legal profession
will also help with this effort by handling more cases pro bono and making contributions from the Georgia Bar Foundation.
As I indicated Tuesday, I am very aware of the human cost of a recession, and my proposed budget addresses this concern.
The largest expenditure we make for human services is Medicaid. The explosive combination of soaring medical costs and a shifting of the burden from
Washington to the states means that we must now spend one out of every 10 dollars in our budget for Medicaid.
And so this was a major area of scrutiny for the Williams Commission, in its search for ways to improve efficiency.
It has recommended a plan that Kentucky uses, in which a local physician is desig-
nated to manage health care services for Medicaid recipients, reducing unnecessary and inappropriate care. I propose trying it out with pilot projects in six counties.
The net increase in Medicaid funds in my budget proposal is $77.6 million, which will have a total impact of $150.6 million in new spending.
Almost $30 million of these funds will be used to expand services to pregnant women and infants.
Many states around this country have cut welfare benefits during this recession, but we have maintained the same level of payments here in Georgia.
And the largest new expenditure I recommend for the Department of Human Resources is more than $27 million to address the anticipated increase in our AFDC rolls.
I also want to expand PEACH, our job training and employment program for welfare recipients, to cover 75 percent of the eligible AFDC recipients statewide, and connect these people to our expanded efforts in adult literacy.
This morning, you have been inspired by a number of youngsters serving as pages, who vividly remind us how important early intervention is.
Last year we started a new program for disabled infants, toddlers and pre-schoolers
an age when intervention is critical to make their lives as normal and productive as possible.

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We began this program on a phase-in basis, and we need to have it fully operational

by 1995 to meet federal funding requirements. I propose an additional $2 million for FY

93 to begin phase two.

I spoke in my State of the State address of The Family Connection, a community-

level partnership of education, social service and health services to assist at-risk families.

I propose $500,000 to enable the 14 pilot communities to incorporate a juvenile delin-

quency prevention program into The Family Connection.

I want to begin family-oriented community mental-health services for severely emo-

tionally disturbed children in the 28 counties in the service areas of DeKalb, Glynn, Hall

and Muscogee.

Right now we are simply allowing emotionally disturbed children to worsen to the

point of needing institutional care. If we provide family-based care earlier on, we can pre-

vent hospitalization. Other human-resources increases provide home-delivered meals

for 315 elderly at a time, expand residential and day-care services for the mentally

retarded, and address the increased cost and usage of vaccines by county health depart-

ments.

And we've got some capital improvements here, too $10 million in renovation and

repair for fire alarms, heating/air-conditioning systems, roofs and mechanical and utility

systems at our hospitals and institutions.

On Tuesday, I spoke to you about what I call "deadbeat dads," so let me mention that

my budget proposal includes an expansion of our child support recovery efforts. But the

cost will be covered through fees rather than state revenues.

That is a summary a long one, I know, but there's much in it of the budgetary

highlights of Georgia Rebound.

If you add all of them up and put them together with the ongoing costs of operating

state government, you get a budget for FY 93 that totals $8.134 billion.

Of that total, $7.9 billion comes from existing revenue sources, which I have projected

to grow at a rate of 5.8 percent. This projection is significantly below Dr. Henry

Thomassen's most conservative estimate of 6.2 percent. I took his most conservative esti-

mate and made it even more conservative.

The budget I've explained to you has $233 million built into it from fee adjustments

and other revenue sources

$207 million of that will come from the fee adjustments

in Georgia Rebound. The remainder comes from legislation that others propose and fees

that can be adjusted by administrative action.

In addition, the Williams Commission has recommended several improvements in the

collection and management of revenues.

Some will take legislation, which I will present to you. Others can be done administra-

tively.

The Commission projects increased revenues of $85 million. However, I chose not to

include this $85 million in my revenue estimate, because I wanted it to serve as a hedge

against any potential shortfall. But you should know and have some comfort that it is

there.

And if our revenue projections are on target and I think they are it will go

toward replenishing our reserves.

A significant part of this revenue would come from two sources, so let me mention

them briefly, because some of them you haven't heard before.

First, tax amnesty, which has been used to good advantage by more than 30 states

over the past decade. The idea is to provide a window of opportunity for delinquent tax-

payers to pay their overdue taxes without penalty, then crack down with tougher enforce-

ment and bigger penalties.

And in conjunction with this effort, we will implement a central taxpayer-accounting

system in the Department of Revenue to increase our ability to identify and track down

delinquent taxpayers.

Second, unclaimed property. The state is responsible for finding the owners of

unclaimed property, and if they cannot be located within a certain number of years, the

property transfers to the state.

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99

At the recommendation of the Williams Commission, I will introduce legislation to strengthen the unclaimed property program and reduce the amount of time unclaimed property is held prior to transfer to the state.
On Tuesday I explained just how far out of line our fee structure had become through our failure to adjust it along the way.
Programs that were designed to be self-supporting in the first place have now come to be heavily subsidized from our state treasury.
My friends, there is a connection between the fact that we have the lowest fees in the southeast and at the same time lag behind other states in programs for our children.
We have been taking money away from our schools and other important programs and spending it to subsidize our user fees. As Andy Rooney would say, "Why is that?"
First, I propose raising the cost of a driver's license to $15 for four years. The present cost for a driver's license was set when Eisenhower was President. If that fee had just been increased at the same rate as the consumer price index over the years, a Georgia driver's license would now cost $22.50. And we will use some of the funds from this fee increase to upgrade and improve the process of obtaining a license, as I explained a few minutes ago. Presently a learner's permit costs $1.50. Obviously, this is not even close to covering the cost of processing. I propose that we increase this fee to $10, which covers the processing cost. The largest fee increase I propose in the area of driver's licenses and one that goes beyond recovering the cost comes in reinstating licenses suspended for traffic violations. Right now the fee for reinstating a driver's license is $25, no matter why it was suspended. I propose that habitual offenders and those who have been convicted of DUI or a drug-related offense pay a $200 fee to get their license reinstated. Fees for reinstating licenses for other violations would be raised to $50. I also propose an increase in the cost of a motor vehicle title to $18, again recovering the cost, but remaining below the regional average. In fact, right now, Georgia has the lowest title fee in the Southeast. Titles are a one-time charge that occurs only when the ownership of a vehicle changes. It is not a recurring expense. I propose a $20 tag. It would put us almost exactly at the Southeast average and significantly below the highest fee in the region of $100. As we increase this fee, I also propose doubling the amount which counties may retain from 50 cents to $1 per tag. This is a good way to help local governments. They will gain approximately $3 million in new revenue. Prestige tags these vanity plates are not a necessity. No one has to have one. I propose an annual fee of $25, which would raise almost $2 million a year. And we would still be well below the average annual fee in the Southeast, which is more than $27. Public ID cards for those who do not drive, but need photo identification, would cost $10 rather than the current $5 to cover the cost of issuing them. In addition to these fee increases, I am proposing $200 to be assessed on out-of-state vehicles when the registration is transferred. In Florida, it's $300. Every year 125,000 vehicles are brought into Georgia from other states. Their owners do not pay any ad valorem taxes whatsoever for the year in which they enter the state.
But Georgia residents your constituents pay an ad valorem tax on each vehicle at the beginning of the year.
This fee is about what they'd otherwise pay in taxes. It would correct this unfairness in our tax structure and raise $25 million. It will not affect a single constituent now living in your legislative district.
To help acquire new wildlife acreage through Preservation 2000 and manage new wildlife areas, I propose an increase of $1.50 in the cost of hunting and fishing licenses.
But even with these increases, the cost of the license remains below the regional average.
Georgia is one of only a very few states in which the cost of regulating utilities is borne largely by the taxpayer rather than by the industry being regulated.

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The Public Service Commission is a state regulatory body that oversees an industry, just like the Department of Banking and Finance, the Board of Workers Compensation and the licensing boards under the Secretary of State.
These other state regulatory bodies operate on the basis of cost recovery, but the PSC's operation is heavily subsidized from the state treasury, the state taxpayer.
The PSC's current fee income only covers a fraction of the cost of regulation. I propose that the fee be adjusted to cover costs.
What's called vendors' compensation is another area where we've gotten way out of line because we haven't made any changes for decades.
We currently allow retail businesses to keep three percent of what they collect in sales tax. This was set 40 years ago in 1951 before computers, before calculators back when the sales tax was figured by hand.
And while it may still take our smaller retailers some time and effort to process the sales tax, our very large businesses simply call up a number on their computer and write a check. And then they keep literally millions of sales tax dollars for doing that.
They have been doing it for a long time, and they've kept a lot of money. But now that tax money is needed for programs that benefit the taxpayers who paid it.
Nineteen of the 50 states, including our neighbor North Carolina, don't have any vendors' compensation at all. Other states pay a much smaller percentage than we do, or they set caps.
I propose to cap vendors' compensation at $4,000, which would not affect 97 percent
of Georgia's vendors. The revenue gain to Georgia from this change will be $50 million a year. And local
governments would receive at least $10 million a year money they desperately need in
these tough financial times. As I outlined Georgia Rebound, I spoke about several large capital outlay programs
to be funded with bonds. And I want to assure you that we came through the August budget cutting process
with our top bond ratings intact. More specifically, let me emphasize to you that we can sell all the bonds I propose
budget with only a very small increase in our debt level three-tenths of one percent,
to be exact. Our debt is at one of its lowest levels in three decades 5.4 percent, compared to
the constitutional limit of 10 percent of our income. We can build for the future while only
raising our debt level from 5.4 percent to 5.7 percent. Only six times in the past 28 years has the debt level been lower than what I propose
for FY 93. With that in mind, we would be foolish not to take advantage of the lowest
interest rates in 20 years. The appropriations for Georgia Rebound target our limited resources, investing them
in areas that will better position Georgia for the future. In addition, Georgia Rebound creates jobs. Over the next two years, Georgia Rebound
will provide jobs for 15,000 people all across the state, largely in construction. In fact, that's what it's all about jobs, thousands of jobs in the private sector all
across this state. Jobs now, jobs in the future. Construction jobs, high-tech jobs. My friends, I'm finally bringing these remarks to an end. Let me appeal to the better
angel of your nature as you consider this budget. We're in this boat called Georgia together. We can sail together or we can sink
together. We can either move this state ahead or we can settle for the way it's always
been. I've made my choice. I intend to see Georgia Rebound through to its successful con-
clusion using every talent and every tool I have at my disposal or exhaust myself
in the effort. Because, I do not want my grandchildren to sit in an outdated classroom and receive
a third-rate education. I do not want to be part of a generation that condemns Georgia
to mediocrity and second-best. I want my grandchildren to sit in state-of-the-art learning centers, and be able to call
up the history of these times on computer-generated, laser-projected, three-dimensional holographic images.

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And I want them to learn that in the last decade of the 20th century, Georgia turned the corner, put aside differences of political party, put aside differences of region and race, and joined together to give a new birth to the Empire State of the South.

Representative Walker of the 115th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.

The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.

The Speaker called the House to order.

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

HB 1106.

By Representatives Lane of the 27th, Benefield of the 72nd, Barnett of the 10th, Smith of the 78th and Skipper of the 116th:
A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the ownership, operation, and maintenance by political subdivisions of airports in existence on July 1, 1992, either inside or outside the geographical boundaries of such political subdivision.

The following Committee substitute was read:

A BILL
To amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the ownership, operation, and maintenance by political subdivisions of airports in existence on July 1, 1992, either inside or outside the geographical boundaries of such political subdivision; to restrict the power of a county, municipality, or other political subdivision to condemn real property outside the boundaries of such political subdivision for airport purposes; to provide for procedures for acquisition of property and construction and operation of airports outside such geographical limits; to provide for exceptions; to enact the "Georgia Airport Development Authority Law"; to provide for a short title; to provide for legislative purpose; to provide for definitions; to provide for creation of the authority; to provide for appointment and compensation of members and employees of the authority; to provide for a quorum; to provide for filling of vacancies; to provide for legal services; to provide books and records; to provide for powers of the authority; to provide for the issuance of revenue bonds; to provide for validation of such bonds; to provide for disposition of the proceeds of such bonds; to provide for issuance of bond anticipation notes or other obligations; to provide for the form and signing of such bonds; to provide that the development of air transportation projects is a public purpose; to provide for construction; to provide that the authority may not obligate the credit of the state or any political subdivision; to provide that creation of the authority and performance of its purposes is a governmental function; to provide for exemption from state taxes for all property of the authority; to provide for exemption from state taxes for all bondholders; to provide for the police powers of the authority; to provide for affect on other laws; to provide for venue and jurisdiction; 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 6 of the Official Code of Georgia Annotated, relating to aviation, is amended by striking Code Section 6-3-20, relating to acquisition, construction, and maintenance of airports and landing fields by counties and municipalities, in its entirety and inserting in lieu thereof a new Code Section 6-3-20 to read as follows:

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"6-3-20. (a) Counties, municipalities, and other political subdivisions are authorized to own, operate, lease, control, equip, improve, maintain, regulate, and police those airports and landing fields for the use of aircraft in existence on July 1^ 1992, either inside or outside the geographical limits of such counties, municipalities, or other political subdivisions.
4a> (b) Counties; and municipalities; and other political subdivisions are authorized, separately or jointly, to acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft; cither within er without inside the geographical limits of such counties; and municipalities; aftd other political subdivisions, and may use for such purpose or purposes any available property that is owned or controlled by such counties; and municipalities; er other political subdivisions.
fb) (c) All counties in the State of Georgia which are located on the boundary line between the State of Georgia and any other state, as well as all municipalities and other political subdivisions which are located in such boundary counties, are authorized, separately, jointly with each other, or jointly with any county, municipality, or political subdivision of any such border state, to acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft; cither within e* without inside the geographical limits of such border counties and the municipalities and other political subdivisions therein contained in the State of Georgia or within inside the geographical limits of any county, municipality, or political subdivision of any such border state other than the State of Georgia.
(d) Counties and municipalities are authorized, separately or jointly, to acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft, outside the geographical limits of such counties and municipalities only as follows:
(1) For those small airports certificated pursuant to 39 C.F.R. Part 121, there shall be no acquisition of property and no construction, expansion, or operation of an airport or landing facility by a county or municipality outside its geographical limits without the prior approval of the governing body of the municipality or county where the property for such proposed facility is located; provided, however, that a county or municipality may acquire an existing airport facility located outside its geographical limits without the approval of the governing body of the municipality or county where the facility is located. If approval of the affected governing body is denied, there shall be no appeal from such decision;
(2) For those large airports certificated pursuant to 49 C.F.R. Part 139 where the sponsor of such proposed airport facility is a county or municipality, prior approval must be obtained from the county or municipality where the property is located for the acquisition of the real property and for the construction and operation of any expansion of an existing facility operated by such sponsor or for any new airport or facility. If approval is denied by the affected governing body, the sponsor may present its airport proposal to the Georgia Airport Development Authority and the General Assembly which may give approval for such airport facility;
(3) For those large airports certificated pursuant to 49 C.F.R. 139 where the sponsor is a political subdivision other than a county or municipality, such sponsor may acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft, either inside or outside the geographical limits of such political subdivision only as follows:
(A) The sponsor shall submit the proposed airport development project to the governing body of the county or municipality where the property for such project is located for approval or denial by the governing body of such county or municipality. If such governing body fails to either approve or deny such project within 90 days, it is deemed to have granted approval;
(B) Not sooner than 90 days after submission of an airport development project to a county or municipal governing body, the sponsor shall submit such project to the Georgia Airport Development Authority for its review and recommendation; and

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(C) The General Assembly shall, at its next regular session or at the next special session called for such purpose, review the recommendation of the Georgia Airport Development Authority and approve or disapprove the proposed airport development project; (4) If the sponsor for any airport certificated under 49 C.F.R. 139 is any other public or private entity, its proposed airport development project shall be submitted directly to the Georgia Airport Development Authority for review and recommendation, with final approval by the General Assembly; and (5) Any airport development project of the Georgia Airport Development Authority shall be submitted to the General Assembly for its approval."
Section 2. Said title 6 is further amended by adding at the end thereof a new Chapter 4 to read as follows:
"CHAPTER 4
6-4-1. This chapter shall be known and may be cited as the 'Georgia Airport Development Authority Law.'
6-4-2. There is created the Georgia Airport Development Authority for the purposes of review and recommendation, location, construction, financing, operation, and development of air transportation projects within and outside the State of Georgia.
6-4-3. As used in this chapter, the term: (1) 'Authority' means the Georgia Airport Development Authority. (2) 'Cost of the project' or 'cost of any project' means and shall include: all costs
of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; the cost of all lands, properties, rights, easements, fees, franchises, permits, approvals, licenses, and certifications acquired; the cost of all machinery and equipment necessary for the operation of the project; financing charges; interest prior to and during construction and for such period of time after completion of construction as shall be deemed necessary to allow the earnings of the project to become sufficient to meet the requirements of the bond issue; the cost of engineering, legal expenses, plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this chapter; the construction of any project, and the placing of same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued for such project under this chapter.
(3) 'Governing body' means the elected or duly appointed officials constituting the governing authority of the State of Georgia.
(4) 'Project' means the acquisition, construction, installation, operation, lease, renovation, or rehabilitation of any airport facility or any appurtenance thereto, either directly or through contract with another public or private agency. A project may also include any fixtures, machinery, or equipment used on or in connection with any airport facilities.
(5) 'Revenue bonds' and 'bonds' means any bonds of the authority which are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds but not including notes or other obligations of an authority.
(6) 'Self-liquidating' means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of projects, together with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the authority from appropriations of the General Assembly, other state agencies or authorities, the United States government, or any county or municipality shall be sufficient to provide for the maintenance, repair, and operation and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects.

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(7) 'Service area' means the geographical area of operations of the authority and shall consist of the State of Georgia and, with the consent of the appropriate governing authorities thereof, nearby states. 6-4-4. The Georgia Airport Development Authority shall continue to be a body corporate and politic and an instrumentality and public corporation of the state known as the 'Georgia Airport Development Authority.' It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state, subject to the limitations of Code Section 6-4-15. 6-4-5. (a) The authority shall consist of eight members as follows:
(1) Two members to be appointed by the President of the Senate, at lease one of whom shall have expertise in the field of aviation, but neither of which member shall be a member of the General Assembly;
(2) Two members to be appointed by the Speaker of the House of Representatives, at least one of whom shall have expertise in the field of aviation, but neither of which member shall be a member of the General Assembly;
(3) Three members to be appointed by the Governor, at least two of whom shall have expertise in the field of aviation; and
(4) The commissioner of transportation, who shall serve as chairman. One member appointed by the President of the Senate, one member appointed by the Speaker of the House of Representatives, and two members appointed by the Governor shall serve for initial terms of two years and until their successors are appointed and qualified. The remaining members shall serve for initial terms of four years and until their successors are appointed and qualified. Any vacancy among the members so appointed, whether caused by expiration of term, death, resignation, or otherwise, shall be filled in the same manner as the membership position so vacated was last regularly filled. When the vacancy occurs other than by expiration of term, it shall be filled for the unexpired term and until a successor is appointed and qualified.
(b) The authority shall elect a secretary and a treasurer, who need not necessarily be members of the authority. A majority of the members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this chapter. The chairman shall vote only in the event of a tie.
(c) No vacancy on the authority shall impair the right of the quorum to transact any and all business as stated in this Code section. If any member of the authority has any pecuniary interest in a project, the fact of such interest shall be disclosed by such member and recorded in the minutes of the authority. The member shall abstain from urging the approval of or voting on any project in which the member has a pecuniary interest.
(d) The members of the authority shall receive no compensation for their services but all members shall be entitled to the expense allowance and travel cost reimbursement provided for members of certain boards and commissions pursuant to Code Section 45-7-21 while in the performance of their duties. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority.
(e) The Attorney General shall provide legal services for the authority. In connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
6-4-6. (a) The members of the authority shall be accountable in all respects as trustees.
(b) The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of such books, together with a proper statement of the authority's financial position, on or about December 31 of each year, to the state auditor.
6-4-7. The authority shall have all of the powers necessary, proper, or convenient to carry out and effectuate the purposes and provisions of this chapter. The powers enumerated in this Code section are cumulative of and in addition to each other and other powers granted elsewhere in this chapter and no such power limits or restricts any other

THURSDAY, JANUARY 16, 1992

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power of the authority. Without limiting the generality of the foregoing, the powers of the authority shall include the powers:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To investigate and review airport development projects and to make recommendations to the General Assembly for the approval or disapproval of such projects pursuant to the provisions of Code Section 6-3-20 and pursuant to rules and regulations to be adopted by the authority regarding such projects; (4) To make and execute contracts, agreements, and other instruments necessary, proper, or convenient to exercise the powers of the authority and to further the public purpose for which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, operation of projects, sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects, including negotiated contracts with air carriers for the use of projects;
(5) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in Code Section 6-4-3, to be located on property owned or leased by the authority; the cost of any such project shall be paid from its income, from any grant from the United States government or any agency or instrumentality thereof, or
from any grant from this state; (6) To acquire by purchase, lease, condemnation, or otherwise and to hold, lease,
and dispose of real and personal property of every kind and character or any interest
therein in furtherance of its corporate purposes; (7) To acquire in its own name by purchase, on such terms and conditions and in
such manner as it may deem proper or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, real prop-
erty or rights or easements therein or franchises necessary or convenient for its corporate purposes; and to use the same so long as its corporate existence shall continue
and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the authority, the authority being
under no obligation to accept and pay for any property condemned under this chapter except from the funds provided under the authority of this chapter; and, in any pro-
ceedings to condemn, such order may be made by the court having jurisdiction of the action or proceedings as may be just to the authority and to the owners of the prop-
erty to be condemned; and no property shall be acquired under this chapter upon which any lien or other encumbrance exists unless at the time such property is so
acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full;
(8) To adopt regulations and fix, alter, charge, negotiate, and collect fares, rates, fees, tolls, and other charges for the use of such projects; fix penalties for the violation
of said regulations; and establish liens to enforce payment of said charges, fees, and tolls, subject to existing contracts; to make such contracts, leases, or conveyances as
the legitimate and necessary purposes of this chapter shall require, including, but not limited to, contracts with private parties for the operation or lease or assignment to
private parties for operation, space, area, improvements, and equipment on such projects, provided in each case that in so doing the public is not deprived of its right-
ful, equal, and uniform use thereof; (9) To finance, by loan, grant, lease, or otherwise, and to construct, erect, assem-
ble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and
to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contribu-
tions or loans by persons, corporations, partnerships, limited or general, or other entities, all of which the authority is empowered to receive, accept, and use;
(10) To borrow money to further or to carry out its public purpose and to execute
revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agree-
ments, mortgages, deeds to secure debt, trust deeds, security agreements, assignments,

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and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing;
(11) To accept loans and grants, either or both, of money, materials, or property of any kind from the United States government or the State of Georgia or any political subdivision, authority, agency, or instrumentality of either of them, upon such terms and conditions as the United States government or the State of Georgia or such political subdivision, authority, agency, or instrumentality of either of them shall impose;
(12) To hold, use, administer, and expend such sum or sums as may hereafter be received as income or gifts or as may be appropriated by authority of the General Assembly for any of the purposes of the authority;
(13) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying or loaning the proceeds thereof to pay all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purpose;
(14) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source;
(15) To enter into agreements with the federal government or any agency or corporation thereof to use the facilities of the federal government or agency or corporation thereof in order to further or carry out the public purposes of the authority;
(16) To contract for any period not exceeding 50 years with the State of Georgia, state institutions, or any city, town, municipality, or county of the state or any public or private corporation for the use by the authority of any facilities or services of the state or any such state institution, city, town, municipality, or county or public or private corporation or for the use by any state institution or any city, town, municipality, or county of any facilities or services of the authority, provided such contracts shall deal with such activities and transactions as the authority and any such political subdivisions with which the authority contracts are by law authorized to undertake;
(17) To extend credit or make loans to any person, corporation, partnership, limited or general, or other entity for the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or other instruments or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guarantee of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable;
(18) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, and revenues or other funds; and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable in the judgment of the authority to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument.

THURSDAY, JANUARY 16, 1992

107

The State of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right the state or such county, municipal corporation, political subdivision, or taxing jurisdiction may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and terms thereof;
(19) To receive and use the proceeds of any tax levied by the State of Georgia or any county or municipality thereof to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter;
(20) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;
(21) To use any real property, personal property, or fixtures or any interest therein; to rent or lease such property to or from others or make contracts with respect to the use thereof; or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the authority and the public purpose thereof;
(22) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority;
(23) To appoint, select, and employ officers, agents, and employees, including engineers, surveyors, architects, urban or city planners, construction experts, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;
(24) To make, contract for, or otherwise cause to be made long-range plans or proposals for projects within the service area, in cooperation with those political subdivisions within which such projects are located;
(25) By or through its authorized agents or employees, to enter upon any lands, waters, and premises in the state for the purpose of making surveys, soundings, drillings, and examinations as the authority may deem necessary or convenient for the purposes of this chapter; and such entry shall not be deemed a trespass. The authority shall, however, make reimbursement for any actual damages resulting from such activities;
(26) To make reasonable regulations for installation, construction, maintenance, repairs, renewal, and relocation of pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility in, on, along, over, or under any project;
(27) To exercise any power granted by laws of the State of Georgia to public or private corporations which is not in conflict with the Constitution and laws of Georgia; and
(28) To do all things necessary, proper, or convenient to carry out the powers conferred by this chapter.
6-4-8. Revenue bonds, notes, or other obligations issued by an authority shall be paid solely from the property, including, but not limited to, real property, fixtures, personal property, revenues, or other funds pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority, adopted by a majority vote of the members of the authority at a regular or special meeting. Such revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates, which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the members of

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the authority then in office and their successors. The authority shall have the power from time to time and whenever it deems refunding expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded with such cash adjustments as may be agreed upon or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in the usury laws of the State of Georgia, or any other laws of the State of Georgia, shall not apply to revenue bonds, notes, or other obligations of the authority.
6-4-9. (a) Subject to the limitations and procedures provided by this Code section, the agreements or instruments executed by the authority may contain such provisions
not inconsistent with law as shall be determined by the members of the authority. (b) The proceeds derived from the sale of all bonds, notes, and other obligations
issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, all or part of the cost of any project
or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with the provisions of this chapter.
(c) Issuance by the authority of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects, but the
proceeding wherein any subsequent bonds, notes, or other obligations shall be issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt,
trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations unless in the resolution authorizing such prior
issue the right is expressly reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
(d) The authority shall have the power and is authorized, whenever bonds of the authority shall have been validated as provided in this chapter, to issue from time to
time its notes in anticipation 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 such bond anticipation notes only to provide
funds which otherwise would be provided by the issuance of the bonds as validated. Such 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 resolution or resolutions authorizing bonds of the authority or any issue thereof and which the
authority is authorized to include in any bonds. Validations of such bonds shall be a condition precedent to the issuance of such 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. (e) All bonds issued by the authority under this chapter shall be issued and vali-
dated under and in accordance with Article 3 of Chapter 82 of Title 36, the 'Revenue
Bond Law,' as heretofore and hereafter amended, except as provided in this chapter, provided that notes and other obligations of the authority may be, but shall not be
required to be, so validated. (f) The authority shall determine the form of the bonds, including any interest cou-
pons to be attached thereto, and shall fix the denomination or denominations of the
bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. The bonds may be issued
in coupon or registered form or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as
to both principal and interest. (g) All bonds shall be signed by the chairman of the authority, and the official seal
of the authority shall be affixed thereto and attested by the secretary of the authority,

THURSDAY, JANUARY 16, 1992

109

and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such person as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office although at the date of such bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery.
(h) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear inter-
est at a rate not exceeding a maximum per annum rate of interest, which may be fixed
or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or that, 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 which may be fixed or may fluctuate or otherwise change from time to time so spec-
ified; provided, however, that nothing contained in this subsection 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 rates specified in such notices and in the petition and complaint.
(i) The authority may also provide for the replacement of any bond which becomes
mutilated or which is destroyed or lost. (j) The issuance of any bond, revenue bond, note, or other obligation or the incurring
of any debt by the authority must, prior to such occurrence, be approved by the Georgia State Financing and Investment Commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
6-4-10. The implementation of air transportation projects within the State of Georgia develops and promotes for the public good and general welfare, trade, commerce, tour-
ism, industry, and employment opportunities and promotes the general welfare of the state by creating a favorable climate for the location of new industry, trade, and commerce and the development of existing industry, trade, and commerce within the State
of Georgia. It is therefore in the public interest and is vital to the public welfare of the people of Georgia and it is declared to be the public purpose of this chapter to so
develop air transportation projects within this state. No bonds, notes, or other obligations, except refunding bonds, shall be issued by the authority pursuant to this chapter
unless its membership adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives.
6-4-11. The provisions of this chapter shall be liberally construed to effect its stated
purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the laws of the State of Georgia regulating the sale of securities, as heretofore and hereafter amended. No notice, proceeding, or
publication except those required by this chapter or by Chapter 3 of this title shall be necessary to the performance of any act authorized by this chapter nor shall any such
act be subject to referendum. 6-4-12. No bonds, notes, or other obligations of and no indebtedness incurred by the
authority shall constitute an indebtedness or obligation of the State of Georgia or any
county, municipal corporation, or political subdivision thereof nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipal corporation, or political subdivision. No holder or
holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or
political subdivision thereof nor to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision; and all such bonds shall
contain recitals on their face covering substantially the foregoing provisions of this Code section.

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6-4-13. It is found, determined, and declared that the creation of the Georgia Airport Development Authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it nor upon any fees, rentals, or other charges for the use of such facilities or other income received by the authority. The state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts on 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 on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.
6-4-14. The authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all restrictions upon its properties and facilities, to the extent that such is lawful under the laws of the United States and this state; however, the authority may delegate the exercise of this function for a time or permanently to the state or to the county in which its projects are located.
6-4-15. This chapter shall not affect any other authority now or hereafter existing under general or local constitutional amendment or general or local law.
6-4-16. Any action to protect or enforce any rights under this chapter and any action pertaining to validation of any bonds issued under this chapter brought in the courts of this state shall be brought in the Superior Court of Fulton County, which shall have exclusive jurisdiction of such actions."
Section 3. This Act shall not be effective until such time as the "State Airport System Plan" has been completed by the Department of Transportation and the Governor has determined that said plan is complete.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Holmes of the 28th moved that further consideration of HB 1106 be postponed until Monday, February 3, 1992, immediately following the period of unanimous consents.

Representative Lane of the 27th moved the previous question on HB 1106.

Representative Redding of the 50th moved that HB 1106 be placed upon the table.

Representative Redding of the 50th withdrew his motion to table.

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

N Abernathy N Adams N Aiken N Alford
N Ashe N Atkins N Baker

N Balkcom N Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Bates Y Beatty

Y Benefield N Birdsong E Blitch N Bordeaux
N Bostick N Branch N Breedlove

Brooks N Brown Y Brush
Buck
Y Buckner Y Byrd Y Campbell

Canty N Carrell Y Carter N Cauthorn
Y Chafin N Chambless Y Cheeks

THURSDAY, JANUARY 16, 1992

111

E Childers N Clark.E Y Clark.L
N Coker Coleman
N Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M N Davis.D
Davis.G N Davis.M N Dixon.H Y Dixon.S N Dobbs N Dover
Y Dunn Y Edwards N Elliott Y Felton N Fennel N Floyd.J.M Y Floyd.J.W N Flynt Y God bee
Golden N Goodwin E Green

N Greene
N Griffin
N Groover
Hamilton N Hammond N Hanner Y Harris.B Y Harris.J N Heard N Henson Y Herbert N Holland N Holmes N Howard N Hudson N Irwin Y Jackson Y Jamieson
N Jenkins
N Jones N Kilgore
YKing
Y Kingston
N Klein
NLadd
Y Lane.D
N Lane.R
Langford
N Lawrence

Y Lawson YLee
Long YLord N Lucas NMann N Martin N McBee Y McCoy N McKelvey N McKinney.B N McKinney.C N Meadows N Merritt
Milam Mills N Mobley Moody N Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M NOrr N Orrock N Padgett Par ham N Parrish Y Patten

On the motion, the ayes were 51, nays 104. The motion was lost.

Y Pelote N Perry Y Pettit N Pinholster
Pinks ton NPoag Y Porter N Poston Y Powell.A N Powell.C N Purcell N Randall NRay N Reaves N Redding N Ricketson N Royal Y Selman Y Sherrill
Simpson N Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T N Smith.W
Smyre NSnow N Stancil.F

N Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas, M N Thomas.N
Thurmond N Titus N Tolbert N Townsend N Turnquest N Twiggs N Valenti N Vaughan N Walker.J N Walker.L Y Wall Y Watson
N Watts N White N Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the motion to postpone until Monday, February 3, 1992, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Y Aliord
Y Ashe Y Atkins
Y Baker
Y Balkcom Y Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield Y Birdsong E Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove
Brooks
Y Brown
Y Brush
Buck
N Buckner Y Byrd N Campbell
Canty Y Carrell
Y Carter
Y Cauthorn
N Chafin
Y Chambless
N Cheeks
E Childers

Y Clark.E Y Clark.L Y Coker
Coleman
Y Colwell
Y Connell Y Culbreth
Y Cummings.B Cummings.M
Y Davis.D Davis.G
Y Davis.M Y Dixon.H
Dixon.S Y Dobbs
Y Dover
N Dunn Y Edwards
Y Elliott
N Felton Y Fennel Y Floyd.J.M
Floyd.J.W
Y Flynt Y Godbee
Y Golden Y Goodwin E Green Y Greene
Y Griffin Y Groover
Hamilton
Y Hammond Y Hanner
N Harris.B
Y Harris.J

Y Heard Y Henson N Herbert
Y Holland Y Holmes Y Howard Y Hudson
Y Irwin
Y Jackson N Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein YLadd N Lane.D Y Lane.R
Langford Y Lawrence N Lawson NLee
Long
N Lord
Y Lucas
Y Mann
Y Martin Y McBee Y McCoy Y McKelvey
Y McKinney.B Y McKinney.C Y Meadows
Y Merritt
Y Milam

On the motion, the ayes were 127, nays 30.

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M
YOrr
Y Orrock
Y Padgett Parham
Y Parrish N Patten Y Pelote
Y Perry N Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Y Selman
Y Sherrill
Simpson Y Sinkfield N Skipper

N Smith.L
N Smith.P
Smith.T Y Smith.W Y Smyre Y Snow
Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus
Y Tolbert Y Townsend Y Turnquest Y Twiggs
Y Valenti
Y Vaughan
Y Walker.J Y Walker.L N Wall
Y Watson
N Watts Y White Y Wilder
N Williams.B Williams.J
N Williams.R
Y Yeargin
Murphy.Spkr

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JOURNAL OF THE HOUSE,

The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 678. By Representative Reaves of the 147th:
A resolution proclaiming January 16, 1992, as Green Industry Day in the State of Georgia.

HR 679. By Representative Harris of the 84th: A resolution commending Mrs. Clara West.

HR 680. By Representative Wall of the 61st:
A resolution urging children's baseball organizations in the State of Georgia to adopt stronger safety measures.

HR 681. By Representative Adams of the 79th: A resolution commending Dr. Yancy Morris.

HR 682. By Representatives Tolbert of the 58th, Williams of the 48th, Lawrence of the 49th, Davis of the 45th, Ladd of the 44th and others:
A resolution commending Miss Walter Mae Freeman.

HR 683. By Representative Smith of the 78th:
A resolution congratulating the Faith Tabernacle United Pentecostal Holiness Church of God, Inc.

HR 684. By Representative Stancil of the 66th: A resolution commending the Morgan County FFA Chapter.

HR 685. By Representatives Pelote of the 127th, Hamilton of the 124th, Merritt of the 123rd, Mueller of the 126th, Bordeaux of the 122nd and others:
A resolution recognizing and commending the second annual "Twelve Nights of Sacrificial Revival Service".

HR 686. By Representatives Thomas of the 69th, Simpson of the 70th, Williams of the 48th, Felton of the 22nd, Ashe of the 25th and others:
A resolution recognizing and declaring "Women's Day at the Capitol".

HR 687. By Representatives Godbee of the 110th and Lane of the lllth: A resolution commending Erin Elizabeth Martin.

HR 688. By Representatives Hamilton of the 124th, Kilgore of the 42nd, Coleman of the 118th, Herbert of the 76th, Murphy of the 18th and others:
A resolution commending Future Business Leaders of America-Phi Beta Lambda, Inc.

THURSDAY, JANUARY 16, 1992

113

HR 689. By Representatives Twiggs of the 4th, Mobley of the 64th, Colwell of the 4th, Streat of the 139th, Coleman of the 118th and others:
A resolution commending Special Agent Sam House of the Georgia Bureau of Investigation.

HR 690. By Representative Carrell of the 65th: A resolution commending Wally Brown on attaining the rank of Eagle Scout.

HR 691. By Representatives Stancil of the 8th and Pinholster of the 8th: A resolution commending Brian Wesley Barnes.

HR 692. By Representatives Dover of the llth, Twiggs of the 4th, Coleman of the 118th, Walker of the 115th, Heard of the 43rd and others:
A resolution urging the President of the United States to take all action necessary to implement an immediate airlift of food to the independent republics of the former Soviet Union.

HR 693. By Representatives Mueller of the 126th, Kingston of the 125th, Pelote of the 127th, Dixon of the 128th, Bordeaux of the 122nd and others:
A resolution commending Mrs. Catherine Robinson.

HR 694. By Representatives Clark of the 20th, Klein of the 21st, Cauthorn of the 20th, Vaughan of the 20th, Atkins of the 21st and others:
A resolution commending and congratulating the 1991 Atlanta Braves Baseball team.

HR 695. By Representatives Dover of the llth, Murphy of the 18th, Reaves of the 147th, Alford of the 57th, Lee of the 72nd and others:
A resolution commending Honorable Glenn Wilson "Jack" Ellard.

HR 696. By Representative Beatty of the 12th: A resolution commending Thomas Brian Crow.

HR 697. By Representative Beatty of the 12th: A resolution commending Marcia Leigh Barrett.

HR 698. By Representatives Jones of the 71st, Meadows of the 91st, Flynt of the 75th and Davis of the 77th:
A resolution commending David Byrd.

HR 699. By Representative Bostick of the 138th: A resolution commending Leah Tyson.

HR 700. By Representative Bostick of the 138th: A resolution commending Leslie Still Pannell.

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HR 701. By Representative Bostick of the 138th: A resolution commending Dixie Griffin.

HR 702. By Representative Bostick of the 138th: A resolution commending Jamie Griffeth.

HR 703. By Representative Stancil of the 66th: A resolution commending David Earl Lively.

HR 704. By Representatives Walker of the 113th, Watson of the 114th and Walker of the 115th:
A resolution commending Marcia Lynn Haught.

HR 705. By Representative Stancil of the 66th: A resolution commending Angela Maria Jenkins.

HR 706. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A resolution commending Millicent Ann Selman.

HR 707. By Representative Bostick of the 138th: A resolution commending Aaron Hanna.

HR 708. By Representatives Buck of the 95th, Stancil of the 66th and Lane of the lllth:
A resolution commending Anupam Goel.

HR 709. By Representatives Moody of the 153rd and Byrd of the 153rd: A resolution commending Patia Sheral Crump.

HR 710. By Representative Stancil of the 66th:
A resolution recognizing the members and advisors of the Morgan County FFA Chapter.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 155. By Senators Scott of the 36th, Foster of the 50th and Kidd of the 25th:
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 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.

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115

Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 159 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the llth
Chairman

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

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Representative Hall, Atlanta, Georgia Friday, January 17, 1992

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend D. Kirk Bozeman, Pastor, Warrenton First United Methodist Church, Warrenton, Georgia.
The members pledged allegiance to the flag.
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.
The following communication was received:
House of Representatives Legislative Office Building, Room 401 E
Atlanta, Georgia 30334 January 14, 1992
The Honorable Robbie Rivers Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Robbie:
I respectfully request that my machine be locked and that I be marked excused so that I might attend the first meeting of Leadership Georgia Class of 1992 on Friday, January 17th.

FRIDAY, JANUARY 17, 1992

117

Thank you very much for your kind assistance.
Sincerely, /s/ John W. Hammond
State Representative District 20/5
JWH/tl

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

HB 1258. By Representative Felton of the 22nd:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts and safety restraints for children under four years of age, so as to increase the penalty for failure to use a child passenger restraining system.
Referred to the Committee on Motor Vehicles.

HB 1259. By Representatives Irwin of the 57th, Alford of the 57th and Henson of the 57th:
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 special license plates for persons who are retired reservists.
Referred to the Committee on Motor Vehicles.

HB 1260. By Representatives Hamilton of the 124th, Cummings of the 17th, Royal of the 144th, Snow of the 1st, Godbee of the 110th and others:
A bill to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding state income taxes, so as to change the definition of a taxable nonresident.
Referred to the Committee on Ways & Means.

HB 1261. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to make and provide appropriations for the State Fiscal Year July 1, 1992 June 30, 1993.
Referred to the Committee on Appropriations.

HB 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1991-1992.
Referred to the Committee on Appropriations.

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HB 1263. By Representatives Jackson of the 9th, Barnett of the 10th, Lawson of the 9th, Orr of the 9th, Colwell of the 4th and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide for the return for taxation of boats in the county in which such boat is located.
Referred to the Committee on Ways & Means.

HB 1264. By Representatives Felton of the 22nd, Ashe of the 25th, Williams of the 48th, Heard of the 43rd, Lawrence of the 49th and others:
A bill to amend Code Section 21-5-50 of the Official Code of Georgia Annotated, relating to the filing of financial disclosure statements by public officers, so as to change the form and content of the financial disclosure statement.
Referred to the Committee on Judiciary.

HB 1265. By Representatives Smith of the 78th and Oliver of the 53rd:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the humane care of equines.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1266. By Representatives Buckner of the 72nd, Griffin of the 6th, Perry of the 5th, Poston of the 2nd, Adams of the 79th and others:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to define the separate offense of endangering a child by driving under the influence of alcohol or drugs.
Referred to the Committee on Motor Vehicles.

HB 1267. By Representatives Benefield of the 72nd, Chafin of the 72nd, Lee of the 72nd, King of the 72nd, Adams of the 79th and others:
A bill to amend Code Section 17-7-95 of the Official Code of Georgia Annotated, relating to pleas of nolo contendere, so as to permit the prohibition of such a plea to a charge of violation of Code Section 40-6-391; 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 remove provisions relating to future nolo contendere pleas.
Referred to the Committee on Judiciary.

HB 1268. By Representatives Buckner of the 72nd, Lee of the 72nd, Adams of the 79th, Oliver of the 121st and Harris of the 96th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for a symbol to be affixed to license plates to be designed, produced, and issued to courts with jurisdiction over violations of Code Section 40-6-391.
Referred to the Committee on Motor Vehicles.

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119

HB 1269. By Representative Streat of the 139th:
A bill to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, so as to retain two-year concurrent terms of office for the mayor and members of the city council.
Referred to the Committee or State Planning & Community Affairs - Local.

HB 1270. By Representative Martin of the 26th:
A bill to amend Code Section 41-2-12 of the Official Code of Georgia Annotated, relating to service of complaints or orders upon parties in interest of unfit structures, so as to eliminate the requirement of service by publication of nonresidents.
Referred to the Committee on Special Judiciary.

HB 1271. By Representative Martin of the 26th:
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 eliminate certain reimbursement deductions allowed to dealers for collecting certain state and local sales and use taxes.
Referred to the Committee on Ways & Means.

HB 1272. By Representatives Williams of the 90th, Dunn of the 73rd, Connell of the 87th, Ricketson of the 82nd, Brown of the 88th and others:
A bill to amend Code Section 33-3-6 of the Official Code of Georgia Annotated, relating to requirements for insurance companies as to capital stock or surplus, so as to provide that the Commissioner of Insurance shall be authorized to grant an extension to a domestic insurer that has not met certain minimum requirements.
Referred to the Committee on Insurance.

HB 1273. By Representatives Titus of the 143rd, Coker of the 21st, Branch of the 137th and Bates of the 141st:
A bill to amend Article 2 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to veterans' civil service preference, so as to provide for state-wide veterans' preference in all public employment.
Referred to the Committee on State Planning & Community Affairs.

HB 1274. By Representatives Kilgore of the 42nd and Patten of the 149th:
A bill to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to rules and regulations, ordinances, and resolutions issued pursuant to the "Erosion and Sedimentation Act of 1975," so as to provide that a city or county approved by the director of the Environmental Protection Division of the Department of Natural Resources as an issuing authority pursuant to such Act may issue variances to a certain requirement for a natural vegetative barrier along certain stream banks.
Referred to the Committee on Natural Resources & Environment.

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HB 1275. By Representative Dunn of the 73rd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize attendance at driver improvement programs in lieu of assessment of points for certain traffic violations.
Referred to the Committee on Motor Vehicles.

HB 1276. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for income deduction for the payment of accident and sickness insurance if a court order for child support includes provision for such coverage.
Referred to the Committee on Judiciary.

HB 1277. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that certain information filed in conjunction with birth certificates or information recorded in the putative father registry shall be admissible in proceedings to determine paternity and shall establish a prima-facie case of establishment of paternity.
Referred to the Committee on Judiciary.

HB 1278. By Representative Poston of the 2nd:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to redesignate the Town of Fort Oglethorpe as the City of Fort Oglethorpe.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1279. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others:
A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide for the ad valorem taxation of heavy-duty equipment used for construction purposes.
Referred to the Committee on Motor Vehicles.

HB 1280. By Representatives Byrd of the 153rd, Ray of the 98th and Jenkins of the 80th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that no person, without first securing a permit, shall store, discharge, or dispose of sludge in a county other than the county in which the sludge is generated, except under certain conditions.
Referred to the Committee on Natural Resources & Environment.

FRIDAY, JANUARY 17, 1992

121

HB 1281. By Representatives Byrd of the 153rd and Kilgore of the 42nd:
A bill to amend Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational education, and Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to transfer the administration of the community education and development grants program from the Department of Community Affairs to the Department of Technical and Adult Education.
Referred to the Committee on Education.

HB 1282. By Representatives Byrd of the 153rd, Watson of the 114th, Kilgore of the 42nd and Pettit of the 19th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of limousine carriers by the Public Service Commission.
Referred to the Committee on Industry.

HB 1283. By Representatives Pettit of the 19th, Watson of the 114th, Wilder of the 21st and Holmes of the 28th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that trust or escrow accounts maintained by real estate brokers shall be federally insured and may be interest bearing.
Referred to the Committee on Industry.

HB 1284. By Representatives Pettit of the 19th and Watson of the 114th:
A bill to amend Part 1 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to units designed to be affixed to foundations or existing buildings, so as to repeal a definition; to authorize civil actions against dealers of industrialized buildings.
Referred to the Committee on Industry.

HB 1285. By Representatives Tolbert of the 58th, Felton of the 22nd and Pinholster of the 8th:
A bill to amend Code Section 44-12-131 of the Official Code of Georgia Annotated, relating to the legal rate of interest in pawn transactions, so as to repeal the exemption for motor vehicles from the provision specifying the maximum amount of pawnshop charges; to repeal the provision allowing storage fees to be charged with regard to motor vehicles.
Referred to the Committee on Banks & Banking.

HB 1286. By Representatives Kilgore of the 42nd and Holland of the 136th:
A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem property tax exemptions, so as to clarify certain conditions, limitations, and procedures under which taxpayers shall qualify for the freeport exemption.
Referred to the Committee on Ways & Means.

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HB 1287. By Representatives Cummings of the 17th, McBee of the 68th, Lane of the 27th and Jamieson of the llth:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school".
Referred to the Committee on University System of Georgia.

HB 1288. By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th and Jamieson of the llth:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White.
Referred to the Committee on Judiciary.

HB 1289. By Representatives Griffin of the 6th and Mann of the 6th:
A bill to amend Code Section 43-39A-24 of the Official Code of Georgia Annotated, requiring the registration, licensing, or certification of real estate appraisers, so as to change the applicability of and exceptions to such requirements.
Referred to the Committee on Industry.

HB 1290. By Representatives Branch of the 137th, Kilgore of the 42nd, Harris of the 96th, Teper of the 46th and Lane of the lllth:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors and utility contractors, so as to provide for the licensing and regulation of roofing contractors.
Referred to the Committee on Industry.

HB 1291. By Representatives Ricketson of the 82nd, Bargeron of the 108th, Yeargin of the 14th, Walker of the 115th, Parrish of the 109th and others:
A bill to amend Article 3 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to defense of indigents in capital cases, so as to provide that attorneys appointed to defend an indigent in a capital case shall submit an itemized bill of attorneys' fees.
Referred to the Committee on Judiciary.

HB 1292. By Representatives Mills of the 20th, Coleman of the 118th, Walker of the 115th, Lee of the 72nd and Thomas of the 69th:
A bill to amend Article 1 of Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions regarding examination and treatment for mental illness, so as to change the provisions relating to definitions.
Referred to the Committee on Health & Ecology.

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123

HB 1293. By Representatives Powell of the 13th, Jackson of the 9th, Harris of the 84th and Parham of the 105th:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, the "Motor Vehicle Certificate of Title Act," so as to redefine certain terms; to change certain requirements relating to rebuilt motor vehicles.
Referred to the Committee on Motor Vehicles.

HR 676. By Representative Kingston of the 125th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of terms of office which may be served by members of the House of Representatives and Senate of the United States, the General Assembly, the Lieutenant Governor, the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, and members of the Public Service Commission.
Referred to the Committee on Rules.

HR 677. By Representative Ray of the 98th: A resolution compensating Ms. Tara Joyner Davidson.
Referred to the Committee on Appropriations.

HR 711. By Representatives Valenti of the 52nd, Hamilton of the 124th, Martin of the 26th, Holmes of the 28th, Porter of the 119th and others:
A resolution urging the Congress of the United States to enact a national health care program assuring universal access to quality health care financed by broad based, progressive taxes with payment to providers through a single payor.
Referred to the Committee on Health & Ecology.

HR 712. By Representative Beatty of the 12th:
A resolution requesting the State Board of Education to perform a comprehensive study of all school systems within Jackson County, Georgia.
Referred to the Committee on Education.

HR 713. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the J. E. "Ted" McTyre Parkway.
Referred to the Committee on Transportation.

HR 714. By Representatives Klein of the 21st, Mann of the 6th, Clark of the 20th, Heard of the 43rd, Tolbert of the 58th and others:
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.
Referred to the Committee on Rules.

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HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others:
A resolution proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles.
Referred to the Committee on Ways & Means.

HR 716. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun.
Referred to the Committee on State Institutions & Property.

HR 717. By Representatives Mills of the 20th, Coker of the 21st, Sinkfield of the 37th, Orrock of the 30th, Oliver of the 53rd and others:
A resolution urging the news media operating in this state to act responsibly and with compassion when deciding whether to publish the identities of the victims of certain crimes.
Referred to the Committee on Judiciary.

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

HB 1250 HB 1251 HB 1252 HB 1253

HB 1254 HB 1255 HB 1256 HB 1257

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 1167 Do Pass HB 1168 Do Pass HB 1172 Do Pass HB 1206 Do Pass HB 1207 Do Pass

HB 1208 Do Pass HB 1209 Do Pass HB 1226 Do Pass HB 1254 Do Pass HB 1257 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 1167.

By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Education of Wilkinson County, so as to change the composition of the education districts from which the members of the board are elected.

FRIDAY, JANUARY 17, 1992

125

The report 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 1168.

By Representative Birdsong of the 104th:
A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the composition of the commissioner districts from which the chairman and members of the board are elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1172. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act creating the board of commissioners of Jones County, so as to reconstitute 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 ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1206.

By Representative Birdsong of the 104th:
A bill to amend an Act providing an annual salary for the Tax Commissioner of Twiggs County, so as to change the provisions relative to the compensation and benefits of the tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1207.

By Representative Birdsong of the 104th:
A bill to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation and benefits of the sheriff.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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HB 1208.

By Representative Birdsong of the 104th:
A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County, so as to change the provisions relative to the compensation and benefits of the judge of the probate court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1209.

By Representative Birdsong of the 104th:
A bill to amend an Act providing an annual salary for the clerk of the Superior Court of Twiggs County, so as to change the provisions relating to the compensation and benefits of the clerk.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1226. By Representative Yeargin of the 14th:
A bill to provide for the compensation of the coroner and deputy coroner of Oglethorpe 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 93, 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 459. By Senator Kidd of the 25th:
A bill to amend Article 5 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to random drug testing of employees in high-risk jobs, so as to permit employees to provide medical information relevant to the drug tests; to provide for retesting of certain employees; to provide that an employee conducting high-risk work found to have used an illegal drug shall be suspended from his or her public employment.

SB 463. By Senator Kidd of the 25th:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia State Speech-Language Pathology and Audiology Licensing Act," so as to change the definition of the term "speech-language pathology aide" or "audiology aide"; to change the provisions relating to the general powers of the State Board of Examiners for Speech-Language Pathology and Audiology.

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127

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

HB 456. By Representatives Dover of the llth, Coleman of the 118th, Walker of the 115th, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for state income tax purposes, so as to provide for an additional adjustment with respect to capital gains; to provide for an effective date and applicability.

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

HB 695. By Representative Blitch of the 150th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to authorize the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority to advertise or otherwise promote their programs, functions, and purposes and to expend funds for such purposes.

Representative Lane of the 27th arose to a point of personal privilege and addressed the House.

Representative Holmes of the 28th arose to a point of personal privilege and addressed the House.

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

SB 459. By Senator Kidd of the 25th:
A bill to amend Article 5 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to random drug testing of employees in high-risk jobs, so as to permit employees to provide medical information relevant to the drug tests; to provide for retesting of certain employees; to provide that an employee conducting high-risk work found to have used an illegal drug shall be suspended from his or her public employment.
Referred to the Committee on Health & Ecology.

SB 463. By Senator Kidd of the 25th:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia State Speech-Language Pathology and Audiology Licensing Act," so as to change the definition of the term "speech-language pathology aide" or "audiology aide"; to change the provisions relating to the general powers of the State Board of Examiners for Speech-Language Pathology and Audiology.
Referred to the Committee on Health & Ecology.

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

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JOURNAL OF THE HOUSE,

HB 635. By Representatives Cummings of the 17th, Baker of the 51st, Clark of the 13th and Irwin of the 57th:
A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Georgia Firemen's Pension Fund, so as to provide that if any member who elects reduced retirement benefits payable to the member's surviving spouse divorces or is predeceased by such spouse, then the member's retirement benefit will increase to the level it would have been if he had not exercised such option.

The following Committee substitute was read and adopted:

A BILL
To amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Georgia Firemen's Pension Fund, so as to provide that if any member who elects reduced retirement benefits payable to the member's surviving spouse divorces or is predeceased by such spouse, then the member's retirement benefit will increase to the level it would have been if he had not exercised such option; to provide for related matters; to provide for 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. Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Georgia Firemen's Pension Fund, is amended by striking in its entirety Code Section 47-7-100, relating to eligibility for pension benefits, and inserting in lieu thereof a new Code section to read as follows:
"47-7-100. (a) For the purposes ef As used in this Code section, the term: (1) 'Selected beneficiary' means any person designated from time to time before or
after the approval of an application for retirement by the member in writing on forms prescribed by the board to receive benefits which continue to be payable upon the death of the member.
(2) 'Spouse' means the husband or wife to whom the member is validly married under the laws of this state at the time of the approval by the board of an application for retirement or at the time of the approval of a later exercise by such member of an option granted by this Code section and who holds such status at the time benefits became payable to such person on account of the death of a member. (b) (1) Any eligible member who has attained the age of 55 years and who has nerved terminates service as a fireman or volunteer fireman after at least 25 years of service as a fireman er volunteer fireman, upon application to and approval by the board, shall have a vested right in an amount equal to the maximum monthly retirement benefit in effect on the date the board approves such application ef- his retirement. Such benefits shall commence on the date of the member's termination of
(2) Any eligible member who terminates employment service as a fireman or volunteer fireman after 25 years of service, but before reaching the age of 55 years, may2 upon filing an application with the board, cease payment of his such member's monthly dues following such termination of service and, upon reaching the age of 55 years and being otherwise eligible, shall be paid a monthly benefit equal to the maximum monthly retirement benefit in effect on the date such member attains the age of 55 years ef his retirement. Ne person shaH be eligible fef a pension under this subsection until his official duties as a fireman er volunteer fireman have terminated. (c) Any eligible member who terminates employment service as a fireman or volunteer fireman after at least 20 years of service! upon application to and approval by the board, shall have a vested right in and to a monthly benefit payable for his the member's lifetime equal to a pro rata share of the maximum monthly retirement benefit provided in subsection (b) of this Code section in effect on the date of his retirement,

FRIDAY, JANUARY 17, 1992

129

such termination of service, and which share the benefit under this subsection shall be determined by the ratio of years served, being not less than 20 nor more than 25, to the full 25 year service retirement. The ratio shall be determined when the member terminates service as a fireman or volunteer fireman. Such benefits shall commence on the date of the member's retirement from the fund following the member's reaching 55 years of age or the member's termination of service as a fireman or volunteer fireman, whichever is later. Such benefits shall become payable when the member reaches 55 years of age or when he terminates employment as a fireman or volunteer fireman, whichever is later.
(d) At any time prior to approval by the board of an application for retirement, a member may elect or may revoke a previous election and make a new election to have monthly benefits payable under one of the options set forth in this subsection, in lieu of the benefits payable under subsection (b) or (c) of this Code section. The benefits shall be paid in accordance with the terms of the option elected. Election of any option shall be made by the member on forms provided by the board and shall be subject to
approval by the board, which approval shall not be unreasonably withheld. No optional election is available for payment of disability benefits.
(1) Option A, the joint and survivor option, shall consist of a decreased retirement benefit which shall be payable during the joint lifetime of both the member and the member's spouse and which shall continue after the death of the member during the lifetime of the spouse in the amount chosen by the member, which amount shall be 100 percent, 75 percent, 66 % percent, or 50 percent of the member's benefits. Any
member who has completed 20 years of creditable service may elect that, in the event of the member's death prior to receiving any retirement benefits under this chapter, the member's spouse shall receive decreased retirement benefits in the amount elected
by the member, which amount shall be 100 percent, 75 percent, 66 % percent, or 50 percent of the benefits to which the member would have been entitled based upon the
member's creditable service as of the time of the member's death. The decreased retirement benefits payable to the spouse of a member who dies prior to receiving any
retirement benefits under this chapter shall commence on the date the member would have become 55 years of age and shall not be payable unless, prior to the member's
death, the member had elected such benefits in the form and manner prescribed by
the board and had filed such election with the board. (2) Option B, the ten years' certain and life option, shall consist of a decreased
retirement benefit payable to the member during the member's lifetime; and, in the event of the member's death within ten years after the member's retirement, the same
monthly benefits shall be payable to the member's selected beneficiary for the balance of such ten-year period.
(3) If a member selects Option Aj then, after the approval of the application for retirement, the following provisions apply:
(i)__If the member's spouse shall predecease the member, the member may, in
writing on forms prescribed by the board and subject to approval by the board, revoke Option A and thereafter receive during the member's lifetime a monthly
retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum
monthly benefit which would have been payable to him had such option not been exercised;
(ii) If there is entered a final judgment of complete divorce between the member
and the member's spouse, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke Option A and thereafter receive
during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have payable had
such option not been exercised; and (iii) If, following the death of the member's spouse or the entry of a final judg-
ment of divorce between the member and the member's spouse, the member
remarries, the member may, in writing on forms prescribed by the board and subject to approval by the board, elect Option A with respect to the member's new

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JOURNAL OF THE HOUSE,

spouse. The .joint and survivor benefit shall be determined as of the date of the election. No such election shall be made until the expiration of one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier. (4) The amount of any optional retirement benefit set forth in this subsection shall be the actuarial equivalent of the amount of the benefit that would otherwise be payable to the member under subsection (b) or (c) of this Code section; based upon the interest rate and mortality basis approved from time to time by the board, the age of the member, and, if applicable, the age of his spouse as of the date benefits are to commence or as of the date benefits would have commenced if the member had retired after first becoming eligible for full benefits, whichever is earlier2 but the optional benefits available under Option A shall be calculated without regard to the provisions of paragraph (3) of this subsection. (e) Any eligible member who retires after July 1, 1984, shall be entitled to an increase in the maximum monthly retirement benefit in effect at the time of his retirement under this Code section equal to 1 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service while a member of the fund as a fireman or volunteer fireman in excess of 25 years of creditable service. (f) Any eligible member who would be entitled to the commencement of retirement benefits upon reaching age 55 under subsection (b) or (c) of this Code section may elect to retire after reaching the age of 50 but before reaching the age of 55 and immediately commence the drawing of retirement benefits and in that event the member shall be eligible immediately upon retirement for a reduced monthly pension benefit in an amount determined by multiplying the benefit for which the member would have been otherwise entitled under subsections (b), (c), and (e) of this Code section had the member delayed retirement or the commencement of benefits until the member reached age 55, such benefit to be determined as of the date of the member's actual retirement or first receipt of the monthly retirement benefit; by the factor set forth below:

If the Member's Age At Retirement (determined by the member's age at the member's immediately preceding birthday) Is:

The Early Retirement Factor Is:

50

.70

51

.76

52

.82

53

.88

54

.94

The option available under this subsection may also be exercised by a surviving spouse who is the beneficiary of an Option A election with respect to the benefits payable to the spouse in the event the member dies prior to receiving any benefits and would have been able to exercise the option available under this subsection.
(g) (1) Effective July 1, 1988, the maximum monthly retirement benefit for any person who retires on or after that date shall be $500.00.
(2) Effective July 1, 1988, the maximum monthly retirement benefit which was payable under this Code section immediately prior to that date shall be increased in the amount of $85.00 per month, and the monthly retirement benefit of each person who retired under this chapter prior to that date or the monthly benefit of any surviving spouse or selected beneficiary who was receiving a benefit prior to that date shall be increased by a percentage of $85.00 which is equal to the percentage that the retired person's, surviving spouse's, or selected beneficiary's monthly benefit payable immediately prior to July 1, 1988, bore to the maximum monthly benefit payable under this Code section immediately prior to July 1, 1988.
{h) (4) (3) Effective July 1, 1990, the monthly retirement benefit for any person who retires on or after that date under this Code section shall be $570.00.

FRIDAY, JANUARY 17, 1992

131

{2} (4) Effective July 1, 1990, the maximum monthly retirement benefit which would otherwise be payable to persons retired under this Code section prior to July 1, 1990, shall be increased by the amount of $40.00 per month, and the monthly retirement benefit of each person who retired under this chapter prior to that date or the monthly benefit of any surviving spouse or selected beneficiary who was receiving a benefit prior to that date shall be increased by a percentage of $40.00 which is equal to the percentage that the retired person's, surviving spouse's, or selected beneficiary's monthly benefit payable immediately prior to July 1, 1990, bore to the maximum monthly benefit otherwise payable to such person under this Code section prior to July 1, 1990."
Section 2. This Act shall become effective on July 1, 1992, 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, 1992, 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benef'ield
Birdsong E Blitch Y Bordeaux
Y Bostick Branch
Y Breedlove Y Brooks
Y Brown Y Brush Y Buck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter
Cauthorn
Y Chafin Y Chambless Y Cheeks E Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Davis.G
Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Edwards Y Elliott Felton Y Fennel Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Hamilton E Hammond Y Banner Y Harris.B Y Harris.J

Heard Henson Y Herbert Y Holland Y Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Jamieson Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Lucas Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney,B
McKinney.C Y Meadows
Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper

Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond Y Titus
Tolbert Townsend Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J
Walker.L
Y Wall
Y Watson
Y Watts
White
Y Wilder
Y Williams.B
Williams.J
Y Williams.R
Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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JOURNAL OF THE HOUSE,

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.

Representatives Cauthorn of the 20th, Henson of the 57th and Mann of the 6th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 354. By Representatives Poston of the 2nd, Snow of the 1st, Poag of the 3rd, McCoy of the 1st and Perry of the 5th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the election and term of office of said judge.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the initial appointment, election, and term of office of said judge; to provide for the powers, duties, jurisdiction, and compensation of said judge; to provide for the division and allocation of work and duties; to provide for facilities and equipment; to provide for an additional court reporter; to provide for the impaneling of jurors; to provide for 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. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (22) which reads as follows:
"(22) Lookout Mountain Circuit....................................................................................... 3", and inserting in lieu thereof a new paragraph (22) to read as follows:
"(22) Lookout Mountain Circuit...................................................................................... 4"
Section 2. The additional judge of the superior courts for the Lookout Mountain Judicial Circuit of Georgia shall be appointed by the Governor for a term beginning July 1, 1992, and expiring December 31, 1994, and upon the election and qualification of a successor. At the general election to be held in 1994, there shall be elected a successor to the first additional judge appointed as provided for above and he shall take office on the first day of January, 1995, and serve for a term of office of four years and until his successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of office of four years and until his successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.
Section 3. The additional judge of the superior courts for the Lookout Mountain Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
Section 4. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation,

FRIDAY, JANUARY 17, 1992

133

salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia. Any provisions heretofore or hereafter enacted for supplement by the county of said circuit for the present judges shall also be applicable to the additional judge provided for by this Act.
Section 5. All writs and processes in the superior courts of the Lookout Mountain Judicial Circuit of Georgia shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law.
Section 6. The governing authority of the counties comprising the Lookout Mountain Judicial Circuit of Georgia are authorized and empowered to provide a suitable courtroom, jury room, and chambers for the additional judge of the Lookout Mountain Judicial Circuit of Georgia created herein as may be necessary upon the recommendation of said judge.
Section 7. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Lookout Mountain Judicial Circuit of Georgia may bear teste in the name of any judge of said Lookout Mountain Judicial Circuit of Georgia, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof.
Section 8. The four judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of disagreement among said judges in respect thereof, the decision of the judge who is senior in point of service shall be controlling. The four judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia shall have, and are clothed with, full power, authority, and discretion to determine, from time to time and term to term, the manner of calling the dockets and fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one or more said judges, and the hearing of all other matters in requiring a trial by a jury to the other judge or judges, and they may alternate such order of business at the next term. Any of said judges may conduct trials by jury at the same time within said circuit, or one or more of them may hear chambers business and motion business at the same time within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing in all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law. Where the judges thereof cannot agree or shall differ, the opinion or order of the judge senior in point of service shall control.
Section 9. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit, and they, or any of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately, or before each of them at the same time.
Section 10. The four judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
Section 11. For purposes of making the initial appointment of the fourth judge to fill the fourth judgeship created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall become effective July 1, 1992.

134

JOURNAL OF THE HOUSE,

Section 12. All laws and parts 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfool Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benetield
Birdsong E Blitch Y Bordeaux Y Bostick Y- Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y" Cauthorn Y Chafin Y Chambless
Y Cheeks E Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell
Y Culbreth Y Cummings,B
Cummings,M Davis.D Davis.G Davis.M Y Dixon.H Y Dixon.S Dobbs Dover Dunn Edwards Y Elliott Felton Y Fennel Y Floyd.J.M Y FloydJ.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover Hamilton E Hammond Y Hanner Y Harris.B Y Harris.J

Heard Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Jamieson Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
YLong Lord Lucas Mann
Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper

Y Smith.L Y Smith.P Y Smith.T
Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Stanley Streat Y Taylor Y Teper Y Thomas.C Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L
Y Wall
Y Watson
Y Watts
Y White
Y Wilder
Y Williams.B
Williams.J
Y Williams.R
Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 143, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by 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 "nay" thereon.

Representative Mann of the 6th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

HB 829. By Representatives Murphy of the 18th and Porter of the 119th:
A bill to amend Code Section 46-2-5 of the Official Code of Georgia Annotated, relating to the chairmanship of the Public Service Commission, so as to change the provisions relating to the chairman.

The following Senate substitute was read:

FRIDAY, JANUARY 17, 1992

135

A BILL
To amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization of the Public Service Commission, so as to change the method of selection of the chairman of the commission; to provide for a method of rotating the chairmanship based upon seniority in service on the commission; to provide for terms of office; 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. Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization of the Public Service Commission, is amended by striking Code Section 46-2-5 which reads as follows:
"46-2-5. It shall be the duty of the commission to elect from its membership a chairman, who shall hold the position for a term of two years. The chairman shall give his entire time to the duties of his office and shall receive during his term as chairman the salary provided in Code Section 45-7-4.", and inserting in its place a new Code section to read as follows:
"46-2-5. (a) There shall be a chairman of the commission. The chairmanship of the commission shall be rotated on an annual basis. The initial chairman selected under this Code section shall take office within 15 days after this Code section becomes effective and shall serve for a term of office as chairman expiring January 1, 1993. Thereafter a new chairman shall take office within 15 days after the first day of January in 1993 and each subsequent year; and each such chairman shall serve for a one-year term of office as chairman.
(b) The chairman shall be selected according to the following rules; and for purposes of these rules, seniority on the commission shall be determined according to the longest period of continuous unbroken service:
(1) A member of the commission with less than one year of continuous unbroken service on the commission shall not be eligible to take office as chairman;
(2) A member of the commission who has previously served as chairman shall not be eligible to serve again as chairman until each other eligible member (i.e., each other member with more than one year of continuous service on the commission) has served as chairman or has deferred service as chairman;
(3) Subject to paragraphs (1) and (2) of this subsection, the most senior member of the commission who is eligible to serve as chairman shall succeed to the office of chairman; provided, however, that such member may elect to defer service as chairman for a period of one year, at the conclusion of which year such member shall resume his place at the head of the order of rotation for the chairmanship; and
(4) If in any year the foregoing rules fail to provide for a chairman because two or more members have equal seniority, then the member to serve as chairman shall be selected by lot. (c) The chairman shall give his entire time to the duties of his office."
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 Watson of the 114th moves to amend the Senate substitute to HB 829 by striking the words "rotating the chairmanship" on line 5 of page 1 and inserting in their place the words "selecting the chairman".
By adding after the semicolon on line 6 of page 1 the following: "to provide an alternative method;".

136

JOURNAL OF THE HOUSE,

By striking the words "chairmanship of the commission shall be rotated" on line 24 of page 1 and inserting in their place the words "chairman shall be selected".
By adding after the word "selected" on line 7 of page 2 the following: "by the members of the commission".
By striking the word "succeed" on line 26 of page 2 and inserting in its place the words "be selected".
By changing the designation "(c)" on line 3 of page 3 to the designation "(d)" and inserting immediately prior thereto a new subsection (c) to read as follows:
"(c) Anything in subsection (b) of this Code section to the contrary notwithstanding, the members of the commission may by unanimous vote of the members select any member as chairman for any given year for a term of office as chairman as specified in subsection (a) of this Code section."

Representative Watson of the 114th moved that the House agree to the Senate substitute, as amended by the House, to HB 829.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong E Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty
Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks E Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis.D Davis.G Davis.M
Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Edwards Y Elliott Felton
Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Hamilton
E Hammond Manner
Y Harris.B Y Harris,J

Y Heard Henson
Y Herbert N Holland
Y Holmes Y Howard Y Hudson N Irwin
Y Jackson Jamieson Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R
Langford Y Lawrence
Lawson YLee
Long Lord Y Lucas
Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Merritt Y Milam

On the motion, the ayes were 132, nays 4. The motion prevailed.

Y Mills
Y Mobley Moody
Y Morsberger Y Moultrie
Mueller Y Oliver.C N Oliver.M YOrr
Orrock Y Padgett
Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Poag Y Porter
Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper

Y Smith.L Y Smith.P Y Smith.T
Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Stanley Streat Y Taylor N Teper Thomas.C Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Valenti Y Vaughan
Y Walker.J
Walker.L
Y Wall
Y Watson
Y Watts
White
Y Wilder
Y Williams.B
Williams.J
Y Williams.R
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.

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

FRIDAY, JANUARY 17, 1992

137

HB 761. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to change the definitions of certain terms used in Title 11; to change the provisions relating to an issuer's duty and privilege to honor a draft or demand and the right to reimbursement; to revise Article 8, relating to investment securities.

The report 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 1149.

By Representatives Thomas of the 69th, Simpson of the 70th and Pettit of the 19th:
A bill to amend Code Section 15-21-94 of the Official Code of Georgia Annotated, relating to assessment and collection of sums for the county jail fund, so as to provide for the assessment and collection of funds to be paid over to the governing authority of the county with which the city has contracted.

The report 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 1121.

By Representatives Thomas of the 69th, Twiggs of the 4th and Chambless of the 133rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to authorize the electronic reporting of convictions by courts 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 ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1185.

By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Code Section 16-6-5 of the Official Code of Georgia Annotated, relating to enticing a child for indecent purposes, so as to change the provisions relating to penalties for a third, fourth, or subsequent offense.

The report 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.

138

JOURNAL OF THE HOUSE,

HB 1187.

By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Article 5 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Controlled Substances Therapeutic Research Act," so as to change the provisions relating to enforcement and punishment of certain conduct.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1188.

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

The report 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 1189.

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

The report 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.

The Speaker announced the House in recess until 11:00 o'clock, A.M., this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 641 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from Chief Justice Harold G. Clarke, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read.
The Chief Justice and the Associate Justices of the Supreme Court, and the Judges of the Court of Appeals appeared upon the floor of the House. Chief Justice Harold G. Clarke addressed the Joint Session.

FRIDAY, JANUARY 17, 1992

139

Representative Walker of the 115th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.
The Speaker called the House to order.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House:

HB 829. By Representatives Murphy of the 18th and Porter of the 119th:
A bill to amend Code Section 46-2-5 of the Official Code of Georgia Annotated, relating to the chairmanship of the Public Service Commission, so as to change the provisions relating to the chairman.

The following Resolutions of the House were read and adopted:

HR 719. By Representatives Dover of the llth, Martin of the 26th, Griffin of the 6th, Henson of the 57th, Teper of the 46th and others:
A resolution commending Mr. Harry Saul.

HR 720. By Representatives Bordeaux of the 122nd, Pelote of the 127th, Kingston of the 125th, Dixon of the 128th and Merritt of the 123rd:
A resolution recognizing Unity in Our Community.

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

HR 718. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution declaring February 3, 1992, as Albany Day at the state capitol and inviting representatives of the City of Albany, Dougherty County, and the Albany-Dougherty Chamber of Commerce to appear before the House of Representatives at a time to be determined by the Speaker of the House of Representatives.

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 197 Do Pass, by Substitute HB 521 Do Pass

140

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Holmes of the 28th
Chairman

The following communication was received:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons who have registered in the Docket of Legislative Appearance as of January 17, 1992, in accordance with Georgia Law 1970, pp. 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 17th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-Two and of the Independence of the United States of America the Two Hundred and Sixteenth.

(SEAL)

/s/ Max Cleland Secretary of State

Sherry L. Abbott (757) 732 Ashby Street, NW Atlanta, GA 30318 Outdoor Advertising
Association of Georgia
Don Ackerman (300) 315 Main Street Macon, GA 31201 Towing & Recovery
Association of Georgia
Jack K. Acree (798) 3700 B Market Street Clarkston, GA 30021 Professional Association
of Georgia Educators
Billy L. Adams (717) 428 Academy Avenue Dublin, GA 31021 Southeastern Farm and
Power Equipment Association
Diane Adams (991) 635 North Glynn Street Fayettville, GA 30214 Ga. Right To Life Committee, Inc. Citizens Lobby
Grace Adams (633) 242 Agriculture Building Capitol Square Atlanta, GA 30334 Georgia Agribusiness Council

Judith Adams (351) 6666 Powers Ferry Road Suite 260 Atlanta, GA 30339 Georgia Association of
Home Health Agencies
Ray A. Adams (443) P.O. Box 629 155 Temple Road Carrollton, GA 30117 Carroll Electric
Membership Corporation
Sharon M. Adams (1243) 1009 Oglethorpe Avenue Atlanta, GA 30310 Massachusetts Indemnity &
Life Insurance Co. Waste Management
of North America, Inc. Motorola Ga. Cable TV & Communications
L. Clifford Adams, Jr. (470) 999 Peachtree Street N.E. Suite 1400 Atlanta, GA 30309-3999 Municipal Electric
Authority of Georgia Municipal Gas
Authority of Georgia

FRIDAY, JANUARY 17, 1992

141

Ann Adamson (815) 21 Finch Trail, NE Atlanta, GA 30308 Joe Sports and Associates, Inc.
Dr. J. David Alien (176) 5243 Snapfinger Woods Drive Suite 106 Decatur, GA 30035 Georgia Dental Association
Joe Alien (595) 75 Longley Drive Gwinnett County Tax Comm Office Lawrenceville, GA 30245 Gwinnett County
Tax Commissioners Office
Mrs. Lee Betsy Alien (671) 2119 Gunstock Drive Stone Mountain, GA 30087 Family Concerns, Inc. Human Resources Georgia Right To Life Georgia Medical Association
Wesley Alien, Jr. (933) P.O. Box 2406 Savannah, GA 31402 Georgia Ports
Authority, Savannah 31402
James L. Allgood (524) P.O. Box 891 Dublin, GA 31040 Georgia Pest Control Association
James M. Allison, Jr. (725) 306 Tanner Street Carrollton, GA 30117
Lisa J. Alvarez (375) 1360 South CNN Center Atlanta, GA 30303 Ginn, Edington,
Wade & Sanders, Inc
Alex Earl Anderson (611) 1802 Bacon Park Drive Savannah, GA 31406 Barton Brands of Georgia
Leroy B. Anderson (630) 4872 Mustang Drive Norcross, GA 30071 Leroy B. Anderson
- Independent Consultant
Linda Anderson (787) 1100 Johnson Ferry Rd, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health Services of the South

Cheryl F. Andrews (766) One Buckhead Plaza Suite 500 Atlanta, GA 30305 Atlanta Advertising Club
Ed. Andrews (866) P.O. 4418 Atlanta, GA 30302 Sun Trust Banks, Inc.
Pernita V. Andrews (722) 120 Smith Street Jonesboro, GA 30236-3595 Clayton County - PTA
Joe W. Andrews, Jr. (1065) P.O. Box 801 Macon, GA 31202 Ga. Industrial Loan Association Cole National Corporation Georgia Dairy Products Asociation Georgia Tax Officials Association
Cindy L. Arceneaux (503) 1851 Ram Runway Suite 104 College Park, GA 30337 Association for Retarded
Citizens of Georgia Families Forum Five's Too Late Coalition Human Crisis Coalition Worst To First Coalition
Jan Arias (141) 2717 Northbrook Drive Atlanta, GA 30340 Georgia Friends of Midwives
J. Michael Ash, Ph.D. (425) Two Northside 75 Suite 230 Atlanta, GA 30318 Joint Board of Family
Practice, State of Georgia
Gary Ashley (249) 1240 Atkinson Road Lawrenceville, GA 30243 Georgia School
Boards Association (GSBA)
Nancy K. Aspinwall (1086) P.O. Box 28 Hinesville, GA 31313-0028 Georgia Probate Judges Council Liberty County Probate Court

142

JOURNAL OF THE HOUSE,

William D. Atwell Jr. (268) 1050 Crown Pointe Pkwy. Suite 1750 Atlanta, GA 30338-7705 Exxon Company, U.S.A.
Michael Axon (557) 374 Maynard Terrace Suite 202 Atlanta, GA 30316 Atlanta Federation of Teachers Georgia Federation of Teachers Atlanta Labor Council Georgia State AFL-CIO
W. A. Bagwell (1116) P.O. Box 1 Gainesville, GA 30503 Alliance of American Insurers
Lynn W. Bahnsen (820) P.O. Box 1652 Athens, GA 30603 Johnson & Johnson
Tinie Bailey (183) P.O. Box 158 Reidsville, GA 30453 Ga. School Bus Drivers
Association, Inc.
David Baird (694) 205 Butler Street Suite 1252 East Atlanta, GA 30334 Georgia Department
of Natural Resources
Judy Baird (342) 285 Peachtree Center Ave Marquis II Suite 2600 Atlanta, GA 30303-2170 Aetna Life and Casualty Company
Mark S. Baldwin (454) 3015 Camp Creek Parkway Atlanta, GA 30344 Home Builders Association of Georgia
Margaret R. Ball (460) P.O. Box 174 Dalton, GA 30722 League of Women Voters
of Georgia/National League of Women Voters
of the Dalton Area Whitfield-Dalton Day Care Center Dalton-Whitfield
Chamber of Commerce

Peter L. Banks (564) P. 0. Box 4569 Atlanta, GA 30302 Atlanta Gas Light Company
Kathryn E. Bannan (203) 1300 I Street, NW Suite 520 Washington, DC 20005 HLR Service Corp
John Barmeyer (480) 5780 Powers Ferry Road, NW Atlanta, GA 30327-4390 Life Insurance Company
of Georgia Southland Life
Insurance Company Associated Doctors
Health & Life Insurance Co. Georgia U.S. Corporation
Phil Barnet (173) 1380 Woodstock Road Roswell, GA 30075 Putting People First
Melvin E. Barnette (954) P.O. Box 11665 Columbia, SC 29211 The Fontaine Company, Inc.
Billy J. Baron (18) 2901 Piedmont A Road Atlanta, GA 30305
Frank Barren (505) 233 Peachtree Street Suite 200 Atlanta, GA 30303 Business Council of Georgia
Joseph C. Barto, LTC Ret. (189) 3894 Meeting Street Duluth, GA 30136 Georgia Retired Officers
Association Georgia Federal/Military
Retiree Coalition
Ski Bashinski (910) 3009 Rainbow Drive Suite 123 Decatur, GA 30034 Ga. Funeral Directors Assn. Ga. Coroners' Assn. Ga. Cemetery Assn. Surveying & Maping Society of Ga. Ga. Society of
Landscape Architects

FRIDAY, JANUARY 17, 1992

143

Betsy Bates (1131) 161 Spring Street Suite 716 Atlanta, GA 30303 Bates Association Grady Memorial Hospital Morehouse School of Medicine Georgia Warehouse Association Dehart and Darr
William M. Bates (1133) 161 Spring Street, N.W. Suite 716 Atlanta, GA 30303 Dehart and Darr Ga. Warehouse Association Bates Associates Morehouse School of Medicine Grady Memorial Hospital
Thomas A. Bauer (1046) 100 Edgewood Avenue Suite 1000 Atlanta, GA 30303 Ga. Association of
Physician Assistants Ga. Occupational
Therapy Association Ga. Friends of Midwives Ga. Head Injury Association Ga. Pest Control Association American Academy of
Anesthesiologists Assistants
Jackie L. Baugh (1024) Rt. 2 Cox 179 Palmetto, GA 30268 United Transportation Union
Steve Baustin (1076) Suite 458 2 MLK Jr. Drive Atlanta, GA 30334 State Board of Pardons
and Paroles
Ed Bayley (412) 2906 Hermosa Drive Decatur, GA 30034 Professional Firefighters
of Georgia
Martha Beall (672) 2454 Briarmoor Road Atlanta, GA 30345 Family Concerns, Inc.
Cathy Beam (1098) 469 Victoria Road Woodstock, GA 30188 Georgia Advocates for
Battered Women and Children

Judge John W. Beam Jr. (647) Chatham County Juvenile Court 1249 Eisenhower Drive Savannah, GA 31499 Georgia Council of
Juvenile Court Judges Institute of Continuing
Judicial Education
Georgianne B. Bearden (393) 2175 Northlake Parkway Suite 128 Tucker, GA 30084 Georgia Optometric Assoication
Brenda Bell (788) 1100 Johnson Ferry Rd, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health
Services of the South
Vicki Bell (1204) 2279 Smith Avenue, S.W. Marietta, GA 30064 Womens' Policy Group
Walt Bellamy (847) 2343 Campbellton Road Atlanta, GA 30311 Atlanta Police Athletic League
Aurelia Sands Belle (109) 175 Decatur Street 4th Floor Atlanta, GA 30303 Metropolitan Atlanta
Crime Commission Victim/Witness
Assistance Program
J. Dewey Benefield, Jr. (3) P.O. Box 351 Sea Island, GA 31561 Georgia Ports Authority,
Savannah, Georgia
Bobbie J. Bennett (131) Assistant Commissioner 200 Piedmont Ave., Suite 502W Atlanta, GA 30334 State Merit System of
Personnel Administration State Personnel Board
Fred R. Benoit (356) 1233 Mohican Trail Stone Mountain, GA 30083 Georgia Nurses Association (GNA)

144

JOURNAL OF THE HOUSE,

Carol Hinson Benton (529) 1859 Hardman Lane Woodstock, GA 30188 Mountain Road Elementary PTA Cherokee County Council of PTA 14th District PTA
J. Robert Benton (256) 696 Battlecreek Road Suite 5E Jonesboro, GA 30236 Wine Institute
Joy S. Berry (178) 100 Peachtree Street, NW Suite 350 Atlanta, GA 30334 Georgia Human
Relations Commission
Kathy T. Berry (406) 1075 Spring St., N.W. Atlanta, GA 30309
Harold Bevis (758) 1030 Delta Blvd. Department 977 Atlanta, GA 30320 Air Transport
Association of America Delta Air Lines, Inc.
Jeff Bickerstaff (1095) 1932 Wynnton Road Columbus, GA 31999 American Family Life
Assurance Company of Columbus
Herman Bud Biede (838) Box 450876 Atlanta, GA 30345
W. A. Binns (449) P.O. Box 570 Savannah, GA 31402 Union Camp Corp.
Gary W. Black Sr. (632) 242 Ag. Bldg., Capitol Sq. Atlanta, GA 30334 Georgia Agribusiness Council
Fred Blackmon (138) 1100 Abernathy Road, N.E. Building 500, Suite 710 Atlanta, GA 30328 Eli Lilly & Company

John A. Blackmon (828) 3100 Promenade II 1230 Peachtree Street Atlanta, GA 30309 Citicorp and Affiliates Atlanta Convention
and Visitors Bureau Georgia Hospitality
and Travel Association Georgia Tax Compliance Committee Georgia Association of Medical
Equipment Suppliers Georgia Automobile Association
Terri Q. Blair (763) 8945 River Landing Way Atlanta, GA 30350 Georgians for
Preservation Action
Brig Gen William P. Bland, Jr. (414) P.O. Box 17965 Georgia Department of Defense Atlanta, GA 30316 Georgia Dept. of Defense Georgia Air National Guard Georgia Army National Guard Georgia State Defense Force
Billy Bledsoe (845) 205 Butler Street Atlanta, GA 30334 Georgia Department of
Natural Resources
Martha Bobbitt (804) 104 Woodridge Rd. Dublin, GA 31021 Professional Association
of Georgia Educators
James G. Bodiford (832) 185 Washington Avenue 3rd Floor Public Safety Building Marietta, GA 30090-9656
Thomas M. Boiler (9) P.O. Box 8627 Atlanta, GA 30306 Magistrate Judges Assn. BP America Bell South Mobility City of Columbus Federated Investors Georgia Emission Testing Company State Bar of Georgia
Paul Bolster (872) North X Northwest Office Park 1675 Terrell Mill Road Atlanta, GA 30067 Georgia Hospital Association

FRIDAY, JANUARY 17, 1992

145

Robert C. Boone (901) Post Office Box 1706 Atlanta, GA 30301 Chevron U.S.A., Inc.
Donna R. Borroughs (664) 104 Summerchase Cove Woodstock, GA 30188 Family Concerns, Inc
Tom Bostick (696) 200 Piedmont Avenue 1620 West Atlanta, GA 30034 Department of
Administrative Services
George Boulineau (886) 2 Capitol Square Atlanta, GA 30334-1002 Dept. of Transportation
Ann Boutin (1064) 3628 Summerford Way Marietta, GA 30062 Mentally Handicap of Cobb County
& the State of Georgia
Kathryn Bowden (777) P.O. Box 2563 Birmingham, AL 35202 Sonat Inc.
John Bowdish (604) 3030 Cornwallis Road Research Triangle, NC 27709 Burroughs Wellcome Company
G.L. (Roy) Bowen, III (339) 50 Hurt Plaza Suite 985 Atlanta, GA 30303 Georgia Textile
Manufacturers Association, Inc.
Michael Bowers (1072) 132 State Judicial Building Atlanta, GA 30334 State Law Department
Sabra Bowers (1003) 100 Edgewood Avenue Suite 1010 Atlanta, GA 30303 League of Women
Voters of Georgia

Gerald W. Bowling (471) 1400 Peachtree Place Tower 999 Peachtree Street, N.E. Atlanta, GA 30309-3999 Municipal Gas
Authority of Georgia Municipal Electric
Authority of Georgia
Ronald L. Bowman (441) 959 East Confederate Avenue SE Atlanta, GA 30371-2303 Department of Public Safety
Karla Boy (597) 174 Mystic Cove Lilburn, GA 30247 Citizens for Public Awareness Gwinnett County Right To Life
Mary M. Boyert (1161) P.O. Box 81474 Atlanta, GA 30366 Georgia Right To Life
Committee, Inc.
Ruth Bracewell (824) 611 N. Main Street Madison, GA 30650 Georgia Citizens for the Arts
Craig C. Brack (881) 2 Capitol Square Atlanta, GA 30334-1002 Dept. of Transportation
Judy C. Bradley (372) 50 Executive Park South Suite 5005 Atlanta, GA 30329 Georgia Vocational
Association, Inc
Robert L. Bradley (884) 2 Capitol Square Atlanta, GA 30334-1002 Dept. of Transportation
Anne W. Bramlette (750) GSACC 119 E. Court Square Suite 205 Decatur, GA 30030 Georgia Children
Advocacy Coalition Georgia School Age
Childcare Council, Inc.
Joe Brannen (573) 50 Hurt Plaza Suite 1050 Atlanta, GA 30303 Georgia Bankers Association

146

JOURNAL OF THE HOUSE,

Terri L. Branning (230) 1361 Peachtree St., Ste 1300 Atlanta, GA 30309 CIGNA Healthplan
of Georgia, Inc.
Billy M. Branton (1025) 6717 Trapper Way Midland, GA 31820 United Transportation Union
Hessie 0. Brawley (1139) 2840 Alpine Road, NE Atlanta, GA 30305 Atlanta Junior League
A. T. Bray (298) 19 Martin Luther King Jr. Drive Atlanta, GA 30334 Georgia Department of Agriculture
Colin Braybrooks (102) 230 Houston Street N.E. Atlanta, GA 30303 United Family Life
Insurance Company Ga. Association of
Life Insurance Companies
Brenda A. Brayton (265) P.O. Box 1596 Atlanta, GA 30301 Georgia Head Injury Association Georgia Trial
Lawyers Association
Cynthia E. Brayton (1191) 8735 Dunwoody Place Suite 6 Atlanta, GA 30350 Associated Builders and
Contractors of Ga., Inc.
Doug Breitenbach (240) 1001 Pennsylvania Avenue Suite 500 Washington, DC 20004 American Council of
Life Insurance
Thomas H. Brewer (403) 254 Pryor Street Atlanta, GA 30303
Jim Bright (606) 333 Piedmont Avenue Atlanta, GA 30308 Georgia Power Company

Laura E. Brightwell (513) One Coca-Cola Plaza, NW Atlanta, GA 30301 Coca-Cola Enterprises, Inc.
Duvall D. Brimer (1183) 100 Galleria Parkway NW Suite 800 Atlanta, GA 30339 The Atlanta Coca-Cola
Bottling Co. CCE.
William H. Brisendine (307) 959 E. Confederate Avenue SE Atlanta, GA 30316 Georgia Department
of Public Safety
Debbie Broadrick (724) 2218 Dug Gap Road Dalton, GA 30720 Family Concerns, Inc.
James Brock (1087) 136 Pryor Street Atlanta, GA 30303 Georgia Probate Judges Council Fulton County Probate Court
Theodor Brodek (481) P.O. Box 1711 Decatur, GA 30307 International Alliance of
Theatrical State Employees (AFL-CIO) Lake Clare Neighbors
Eleanor D. Brooking (906) 244 Washington Street, S.W. Suite 550 Atlanta, GA 30033 Judicial Council of Ga./
Admn. Office of the Courts
Anita L. Brooks (556) 374 Maynard Terrace Suite 202 Atlanta, GA 30316 Atlanta Federation of Teachers
Capt. Dale T. Brown (442) P.O. Box 1456 Atlanta, GA 30371-2303 Department of Public Safety
Carolyn Brown (147) 300 Northcreek Suite 850 3715 Northside Parkway, N.W. Atlanta, GA 30327 Community Bankers
Association of Georgia

FRIDAY, JANUARY 17, 1992

147

Dale E. Brown (1145) Two Concourse Parkway Suite 800 Atlanta, GA 30328 International Association
for Financial Planning
Elsie P. Brown (394) P.O. Box 77087 Atlanta, GA 30357-1087 Georgia Association for
Primary Health Care
Kim Flippen Brown (776) 34 Peachtree Street Suite 2180 Atlanta, GA 30303 Georgia Alliance for Children
Sharie A. Brown (439) 3225 Gallows Road Fairfax, VA 22037 Mobil Corporation
Therol R. Brown (885) 2 Capitol Square Atlanta, GA 30334-1002 Dept. of Transportation
Donald T. Browne (967) 2 Peachtree Street Atlanta, GA 30383 Wachovia Bank of Georgia Georgia Bankers Association
Kathy Drake Browning (8) 330 Capitol Avenue Atlanta, GA 30334 Office of Secretary of State
Gerald N. Brunson (1034) 4940 Windhaven Ct. Atlanta, GA 30338 Merck Sharp & Dohme
David L. Brunswick (592) 1032 Thornwoode Lane Stone Mountain, GA 30083 The Brunswick Group
Harold Bryant (288) P.O. Box 7368 Columbus, GA 31908 Blue Cross and
Blue Shield of Georgia
Lynn R. Bryenton (1196) 1438 Glynn Oaks Circle, SW Marietta, GA 30060 Ga. Federation of
Democratic Women

Frank D. Bugg, Jr. (497) 1540 Stewart Avenue, SW Atlanta, GA 30310 Georgia Public
Telecommunications Commission
Sarah Bundschuh (851) 5198 Ross Road Acworth, GA 30101 Georgia Turfgrass Association
Floyd R. Burdett (1067) 328 Northern Avenue Avondale Estates, GA 30002 Fathers Are Parents, Too, Inc.
Winston R. Burdett (107) 30 Perimeter Park Atlanta, GA 30341 Fleet Finance, Inc.
Horace W. Sonny Burmeister (1213) 1398 Olde Mill Trace Woodstock, GA 30188 Ga. Council for
Childrens' Rights
T. Chadwick Burns (1071) P.O. Box 1456 Atlanta, GA 30371-2303 Department of Public Safety
Motorcycle Safety Program
Richard J. Burrell (369) 981 Guys Court Lilburn, GA 30247 Household International
Chuck Button (1215) 3150 Holcomb Bridge Road Norcross, GA 30071 National Solid Waste
Management Assoc.
Chuck Button (1216) 3150 Holcomb Bridge Road Norcross, GA 30071 National Solid Waste
Management Assoc.
Ron Byrd (117) Route 9 Box 239-A Ringgold, GA 30736 Rhone-Ponlene Rorer
Pharmaceutical Corporation
Stephen J. Caffarelli (238) 201 Capitol Building Atlanta, GA 30334 Office of the Governor

148

JOURNAL OF THE HOUSE,

Emily B. Calhoun (1011) 1179 University Drive, NE Atlanta, GA 30306 League of Women
Voters of Georgia
Paula Calhoun (216) 2 MLK, Jr. Drive S.E. 1220-C WestTower Atlanta, GA 30334
Bobby W. Callaway (96) 1200 Equitable Bldg. 100 Peachtree Street Atlanta, GA 30303 Georgia Department
of Community Affairs
Rick L. Camp (484) 6100 Emmanuel Drive S.W. Atlanta, GA 30336 Empire Distributors Incorporated
G. Craig Camuso (340) 50 Hurt Plaza Suite 985 Atlanta, GA 30303 Georgia Textile Manufacturers
Association, Inc
William S. Cannon, V. (1200) P.O. Box 3329 Atlanta, GA 30302 PACI House Advisory Committee
on Minority Business
Bernadine B. Cantrell (675) 4041 Randall Mill Road Atlanta, GA 30327 Family Concerns, Inc.
Randolph B. Cardoza (191) 285 Peachtree Center Ave., N.W. Atlanta, GA 30301 Georgia Dept. of
Industry, Trade & Tourism
Don Cargill (17) P.O. Box 3407 Atlanta, GA 30302-9998
Bobby Carrell (593) P.O. Box 690 Monroe, GA 30655 American - European Corp.
Cheri K. Carsten (961) 3844 Ashford Trail Atlanta, GA 30319 League of Women Voters

Cynthia O. Carter (270) 68 Mitchell Street Suite 1225 Atlanta, GA 30335-0320 City of Atlanta
Joan Gates (1115) 100 Edgewood Ave., NE Suite 1604 Atlanta, GA 30303 Planned Parenthood of Atlanta
Mark D. Caudill (737) P.O. Box 2563 Birmingham, AL 35202 Sonat Incorporated
John F. Chambless (445) 147 Harris Street, NW Atlanta, GA 30117 Associated General Contractors
of America, Inc
Rachel B. Champagne (112) 100 Edgewood Avenue Room 1810 Atlanta, GA 30303 Georgians for Victim Justice Crime Victims
Compensation Board Metropolitan Atlanta
Crime Commission
Mary P. Chapman (116) 2056 Garden Circle Decatur, GA 30032 League of Women Voters Older Women League
Peter H. Chapman, III (1080) 100 Edgewood Avenue P.O. Box 2692 Atlanta, GA 30371 United Way of Metro Atlanta United Ways of Georgia
Leila Cheney Cheney-Pettway (558) 374 Maynard Terrace Suite 202 Atlanta, GA 30316 Atlanta Federation of Teachers Georgia Federation of Teachers Atlanta Labor Council Georgia State AFL-CIO
James L. Cherry (1059) 625 Reds Circle Lilburn, GA 30247 National Financial Consultant Princeton Gargage Corporation Americans With Disabilities
Association Inc.

FRIDAY, JANUARY 17, 1992

149

Rosa Sylvia Cherry (1058) 625 Reds Circle Lilburn, GA 30247 National Center for
Handicapped Rights, Inc. Americans With Disabilities
Association, Inc. Princeton Gargage Corporation National Financial
Consultants Inc.
John J. Chiaramonte, Jr. (272) 4363 North Ocoee Street Cleveland, TN 37312 Olin Corporation
Barbara Christmas (15) 510 Osborne Street St. Marys, GA 31558
Ruth F. Claiborne (1047) The Hurt Bldg., 50 Hurt Plaza Suite 995 Atlanta, GA 30303 Friends of Resolve Ga. Childcare Coalition Georgians for Children Planned Parenthood
of East Central Ga. School Social Workers
Association of Ga. Georgia Psychiatric
Physicians Association Visiting Nurse Association Georgia Council on Child Abuse Planned Parenthood of
the Atlanta Area
Charles Clark (579) 148 International Boulevard, NE Suite 500 Sussex Place Atlanta, GA 30303-1734 Georgia Real Estate Commission Georgia Real Estate
Appraisers Board
Sara S. Clark (127) 230 Dapplegate Way Alpharetta, GA 30202 League of Women Voters
of Georgia, Inc.
Dee Clarke (661) P.O. Box 468075 Atlanta, GA Family Concerns Real Estate

Bonnie C. Cleland (753) P.O. Box 7798 Savannah, GA 31418 Herty Foundation
Development Center
Randy L. Clements (850) 285 Peachtree Center Avenue Atlanta, GA 30303 Georgia Industrial
Developers Association
Richard B. Cobb (14) 50 Hurt Plaza, Suite 720 Atlanta, GA 30303
Shirley Cochran (711) 1014 Beech Street Marietta, GA 30062 Cobb County School
Bus Drivers Association
James A. "Bud" Cody (740) 2060 East Exchange Place Suite 110 Tucker, GA 30084 Georgia Sheriffs'
Retirement Fund
Adele B. Cohen (364) 1575 Northside Drive 200 ATC Suite 250 Atlanta, GA 30306 Atlanta Healthcare Alliance Association of Georgia
Healthcare Coalitions
Donald C. Colby (226) P.O. Box 9903 Columbus, GA 31908 United Technologies /
Pratt & Whitney
Barbara Coldwell (698) 1014 Beech Street Marietta, GA 30062 Cobb County School Bus
Drivers Association
Elizabeth A. Cole (488) P.O. Box 81474 Atlanta, GA 30366 Right To Life American Family Association Concerned Women for America Family Concerns Eagle Forum
Arthur M. Cole, Jr. (1207) 141 Pryor Street - Suite 5001 Atlanta, GA 30303 Fulton County

150

JOURNAL OF THE HOUSE,

Thomas L. Coleman (193) 100 Peachtree Street Suite 2000 Atlanta, GA 30034 Governors Office
of Highway Safety
Elizabeth Coles (654) P.O. Box 550168 Atlanta, GA 30355 Family Concerns Inc.
Bert Collins (642) P.O. Box 93345 Atlanta, GA 30318 Georgia Sport
Shooting Association, Inc.
Joe Collins (878) 4151 Memorial Drive Suite 103-A Decatur, GA 30032-1584 Georgia Firefighter's
Association, Inc.
Debbie Coloney (376) P.O. Box 81474 Atlanta, GA 30366 Family Concerns Georgia Right To Life Concerned Women for America American Family Associated
Jim Comerford (430) 938 Peachtree St., N. E. Medical Association of Georgia Atlanta, GA 30309 Medical Association of Georgia
Tim A. Connell (542) 60 Executive Park South Suite 250 Atlanta, GA 30329 Georgia Housing
and Finance Authority
Ellen Coody (810) 3700 B Market Street Clarkston, GA 30021 Professional Association
of Georgia Educators
Maura R. Cook (764) 12000 Chrysler Drive Cims 416-13-04 Highland Park, MI 48288-1919 Chrysler Corporation

Jack Cory (344) P.O. Box 1347 Tallahassee, FL 32302 MEDX People's Telephone Company VESTA Alamo Attwoods, Inc.
Keyna Cory (346) P.O. Box 1347 Tallahassee, FL 32302 MEDX People's Telephone Company VESTA Alamo Rent-A-Car, Inc. Attwoods, Inc.
Max R. Cotter (290) Floyd Veterans Memorial Bldg. Room 367, East Tower Atlanta, GA 30334 Georgia Department of
Veterans Service
Nancy G. Cowles (106) 84 Peachtree Street N.W. Suite 201 Atlanta, GA 30303 Office of Consumers'
Utility Counsel
John W. Cox (94) 3200 Presidential Drive Atlanta, GA 30340 Georgia Association of
Realtors, Inc.
Mrs. J. R. Cox (662) P.O. Box 550168 Atlanta, GA 30355 Family Concerns Inc. Georgia Right To Life Georgia Insight
Ann W. Cramer (100) IBM Corporation Suite 3145 1201 W. Peachtree St. Atlanta, GA 30367-1200 United Way of Metro Atlanta IBM Corporation
Richard E. Cramer (498) 1540 Stewart Avenue, SW Atlanta, GA 30310 Georgia Public
Telecommunications Commission
H. M. Crane, Jr. (1039) P.O. Box 1051 Cartersville, GA 30120 Council of Juvenile Court
Judges of Georgia

FRIDAY, JANUARY 17, 1992

151

David Crenshaw (1186) P.O. Box 307 Jeffersonville, GA 31044 Probate Judges Association
Robert S. Cribbs (466) 3951 Snapfinger Parkway Decatur, GA 30035 Georgia Association
of Educators
Robert A. Cucchi (197) 245 Peachtree Center Ave. Suite 2204 Atlanta, GA 30303 Ford Motor Company
J.R. "Jake" Cullens (867) P.O. Box 326 Cartersville, GA 30120 First American National Bank Viking Distillery Glenmore Distilleries Company Atlanta Casualty
Insurance Company Jones & Granger
Glenda Curtis (775) 34 Peachtree Street Suite 2180 Atlanta, GA 30303 Georgia Alliance for Children
Leslie Thomas Cushman (530) 738 Osco Parkway Woodstock, GA 30188 Mountain Road Elementary PTA Cherokee County Council of PTA
Joseph A. D'Amico (559) 1348 Ponce De Leon Ave., N.E. Suite 100 Atlanta, GA 30306 Randy Kelly Cotton Merchant Southern Cotton Company, Inc. Pinnacle Emergency
Consultants, Inc. Mclanahan Crushed
Stone Co., Inc. 'Atlanta International, Inc. Authentic Artwear, Inc. Minitrans D/B/A
Medscribe, Inc. Gilson-Hudgin Associates, Inc. Global Georgia, Inc. B. Gallerie Group, Inc. Atlanta Import
Autoworks, Inc.

Carole B. Dabbs (297) 2 MLK Blvd West Twin Tower # 813 Atlanta, GA 30334 Secretary of State
Thomas E. Daniel (156) 244 Washington Street SW Atlanta, GA 30334 Board of Regents, University
System of Georgia
Nick Danna (594) 307 Greenwood Avenue Decatur, GA 30030 Georgia AIDS Coalition
Priscilla Daves (432) 938 Peachtree Street, NE Medical Association of Georgia Atlanta, GA 30309 Medical Association of Georgia
Curley Davis (409) 2906 Hermosa Drive Decatur, GA 30034
Dr. Bill Davis (895) 6065 Roswell Road, NE Suite 1411 Atlanta, GA 30328 Georgia Gunowners' Coalition, Inc.
Jim Davis (262) 439 Cotton Avenue Macon, GA 31201 Georgia Association of
Assessing Officials
Louis K. Davis (769) 1478 Cambridge Commons Decatur, GA 30033 Union of Concerned Scientists Sierra Club
Marjorie H. Davis (768) 1478 Cambridge Common Decatur, GA 30033 Sierra Club Union of Concerned Scientists
Rachel B. Davis (144) 47 Trinity Avenue SW Room 640 Atlanta, GA 30334 Ga. Department of
Human Resources
Willie G. Davis, Jr. (976) P.O. Box 310734 Atlanta, GA 30331 Fulton County Democratic Party W.G. Davis and Associates

152

JOURNAL OF THE HOUSE,

Sue Ella Deadwyler (1053) 4168 Rue Antoinette Stone Mountain, GA 30083 Georgia Insight
Ed Deaton (420) # 6 Adams Park Court Columbus, GA 31909 Ga. School Boards Association American Association
of Retired Persons Muscogee County School District
John F. Deaver (19) P. 0. Box 2406 Savannah, GA 31402
Sue DeCastro (152) 285 International Blvd. NW Atlanta, GA 30313 Georgia World Congress
Center Authority
June Been (974) 2452 Spring Road Smyrna, GA 30080 American Lung Association
of Georgia
Oliver R. Delk (20) 830 Westview Drive Morehouse College Atlanta, GA 30314 Morehouse College
Alford J. Dempsey, Jr. (963) Suite 4100 68 Mitchell Street, S.W. Atlanta, GA 30335-0332 City of Atlanta
Thomas C. Diederich (538) 2170 Piedmont Road, NE Atlanta, GA 30324 Rollins, Inc Orkin Pest Control Co.
(including Lawn Care Div.) National Pest
Control Association Professional Lawn Care
Association of America Georgia Pest
Control Association Greater Atlanta Pest
Control Association
Thomas J. Dillon (918) P.O. Box 1391 Savannah, GA 31402 Georgia Ports Authority,
Savannah, Georgia

Donna Dixon (388) P.O. Box 615 Blackshear, GA 31516 A D E, Inc
Laurie B. Dopkins (343) 470 Chelsea Circle Atlanta, GA 30307 Georgia School - Age
Childcare Council Georgia Childcare Advocacy
Coalition
Ogden Doremus (187) P.O. Box 296 21 North Kennedy Street Metter, GA 30439 Georgia Botanical Society Enviromental Coalition Cities and Schools Council of State Court Judges Insurance Law Section
- State Bar
Dick Dorsey (836) 950 East Paces Ferry Road Suite 2240 Atlanta, GA 30326
Robert L. Doss, Jr. (909) 244 Washington Street, S.W. Suite 550 Atlanta, GA 30334 Judicial Council of Ga. Admn. Office of the Ga. Courts Bd. of Court Reporting of the
Judicial Council of Ga.
Curley M. Dossman, Jr. (275) 1200 Peachtree Street Room 12164 Atlanta, GA 30309 American Telephone &
Telegraph & Affiliated Companies
Stephen Dougherty (580) 2082 Exchange Place Suite 200 Tucker, GA 30084 Georgia Student Finance
Commission Georgia Student Finance Authority
Debi Doverspike (501) 1540 Stewart Avenue, SW Atlanta, GA 30310 Georgia Public
Telecommunications Commission

FRIDAY, JANUARY 17, 1992

153

Michael Bowling (354) 225 Peachtree Street S -2300 Atlanta, GA 30303 Georgia Petroleum Council Metropolitan Atlanta Rapid
Transit Authority Phillip Morris
John H. Downs, Jr. (514) One Coca-Cola Plaza, NW Atlanta, GA 30301 Coca - Cola Enterprises, Inc.
Jack C Dozier (209) 301 Old Hickory Trail, North Carrollton, GA 30117 Georgia Water & Pollution
Control Association
Rosemary Grow Drake (854) 14 Iron Bound Place, NW Atlanta, GA 30318 Ga. Association of Life
Insurance Companies
Charles L. Drew (24) P.O. Box 7600 Atlanta, GA 30357 Georgia Sports
Shooting Association
Joseph Drolet (1124) Suite 509 Candler Bldg., 127 Peachtree Atlanta, GA 30303 Georgians for Victim Justice
Hallie P. Duke (1187) 119 East Court Square Suite 205 Decatur, GA 30030 Ga. School Age Childcare Council
James E. Dukes (1184) # 2 Capitol Square, S.W. Atlanta, GA 30334 Ga. Department of Transportation
Engineers Association
Bob Durden (377) 244 Washington Street Atlanta, GA 30334 Georgia Public
Service Commission
Brian Duvall (1073) P.O. Box 1488 Decatur, GA 30031 Cornerstone Public Affairs, Inc.

Deborah B. Dykstra (578) 197 Holly Hills Court Athens, GA 30606 Georgia Friends of Midwives
Michael J. Dziak (876) 4168 Valley Brook Road Snellville, GA 30278-4223 Telecommuting Atlanta
Lee R. DeLoach (1084) P.O. Box 1005 Statesboro, GA 30458 Georgia Probate Judges Council Bulloch County Probate Court
Martha Eaves (494) 988 Mildtead Ave Conyers, GA 30207 American Association
of Retired Persons
W. Daniel Ebersole (407) 254 Washington St., S.W. Room 614 Atlanta, GA 30334-8500
Linda G. Edmonds (1028) P.O. Box 33682 Decatur, GA 30033 Community Solutions, Inc.
David 0. Eldridge (438) 1355 Peachtree Street Suite 300 Atlanta, GA 30309-3238 American Society of
Landscape Architects The Georgia Conservancy, Inc.
Frank M. Eldridge (875) 615 Fulton County Courthouse 135 Pryor Street, NE Atlanta, GA 30309 Council of Superior Court
Judges, Judicial Branch Fulton Superior Court,
Judicial Branch
Aaron Two Elk (953) 307 14th Street, N.W. Atlanta, GA 30318 International Indian
Treaty Council
Anita C. Elkins (489) 115 Hollywood Drive Dalton, GA 30721 Denturist Association of Georgia

154

JOURNAL OF THE HOUSE,

Mary Helen Ellet (825) 1051 Hudson Drive Atlanta, GA 30306 National Organization for Women
Laura Ereddia (1107) 1090 Timberland Drive Marietta, GA 30067 Georgia Friends of Midwives
Moose Evans (979) P.O. Box 669 Pine Lake, GA 30072 Abate of Georgia, Inc.
Rita Evans (635) 3355 Lanox Road Atlanta, GA 30326 Georgia Coalition for Preventive
Health Care for Women Mental Health Association
of Georgia Mental Health Association
of Metro Atlanta Komen Foundation for
Breast Cancer Research
Lowell Evjen (1219) Ga. Tech Atlanta, GA 30334 Georgia Tech
Mark A. Fackler (188) 1404 8th Ave Albany, GA 31707 Georgia Credit
Union Affiliates
Donna Faircloth (534) P.O. Box 18055 Atlanta, GA 30316-0055 Georgia Emergency
Management Agency
Raymond G. Farmer (835) 950 East Paces Ferry Road Suite 2240 Atlanta, GA 30326
J. Danny Faulkner (458) 196 Locust Street Milner, GA 30257 Communication Workers of
America Political Council
William 0. Faulkner, Jr. (75) 4856 Guerry Drive Macon, GA 31210 Georgia Ports Authority,
Savannah, Georgia

Gloria Ferrell (760) P.O. Box 81474 Atlanta, GA 30366 Georgia Right To Life Family Concerns American Family Association Citizen
J. Philip Ferrero (1027) 5848 Spalding Drive Atlanta, GA 30092 National Guard Association
of Georgia
Daryl E. Fischer (560) 200 Galleria Parkway, N.W. Suite 910 Atlanta, GA 30339 Eds Corporation
Bryan L. Fiveash (563) Post Office Box 4569 Atlanta, GA 30302 Atlanta Gas Light Company
Stephanie E. Flamm (973) 3130 Shiloh Place Canton, GA 30114 Family Concerns
Florence S. Flanders (814) 3700 B Market Street P.O. Box 636 Clarkston, GA 30021 Professional Association of
Georgia Educators
Geneva D. Fleming (1096) 3951 Snapfinger Parkway Decatur, GA 31151 Georgia Association of Educators
Elizabeth M. Flowers (157) YMCA, 957 N. Highland Avenue Atlanta, GA 30306 Young Women's
Christian Association
Don Floyd (301) 274 Pryor Street S.W. Atlanta, GA 30303 Georgia Association of
Professional Bondsmen
Barbara Fogg (656) 155 Alps Road Athens, GA 30606 Family Concerns Inc.

FRIDAY, JANUARY 17, 1992

155

Carla A. Ford (891) 156 Trinity Avenue, SW Room 208 Atlanta, GA 30303 Office of Fair
Employment Practices
Robert H. Forry (474) 1400 Candler Building Atlanta, GA 30303-1810 Troutman, Sanders,
Lockerman & Ashmore
Smith Foster (76) P.O. Box 1761 Dalton, GA 30720 Georgia Ports Authority,
Savannah, Georgia
Gary P. Fowler (444) 147 Harris Street, N.W. Atlanta, GA 30117 Associated General
Contractors of America, Inc.
Michael R. R. Fowler (278) 100 Edgewood Avenue NE Suite 502 Atlanta, GA 30303 Mental Health Association of
Metropolitan Atlanta Mental Health Association
of Georgia Residential Services /
CATCH Coalition
Rachel Fowler (689) 1359 Margarette Drive Decatur, GA 30035 American Association of
Retired Persons
Andrew L. Frahler (653) P.O. Box 550168 Atlanta, GA 30355 Family Concerns Inc.
Ross T. Fralick (417) P.O. Box 17965 Atlanta, GA 30316 Georgia Dept. of Defense Georgia Air National Guard Georgia Army National Guard Georgia State Defense Force
Stephen E. Franzen (718) Juvenile Court 75 Langley Drive Lawrenceville, GA 30245 Council of Juvenile Court
Judges of Georgia

Catherine Freeman (816) 21 Finch Trail Atlanta, GA 30308 Joe Sports & Associates, Inc.
Ms. Farris N. Freeman (829) One CNN Center Suite 1000 - South Tower Atlanta, GA 30303-2788 State Board of
Workers Compensation
Bert Fridlin (566) 1447 Peachtree Street, N.E. Suite 1008 Atlanta, GA 30309 National Federation of
Independent Business (NFIB)
Russell M. Frinks (994) 1456 Stratfield Circle Atlanta, GA 30319 Bob Short and Associates
Ken Fuller (318) P.O. Box 6063 Rome, GA 30161 Alamo Rent-A-Car Fuller & McKay, Attorneys
Virginia T. Fulton (457) 415 Promenade Court Marietta, GA 30064 Communication Workers of America
- Georgia Political Council
Nancy H. Gaenssley (1091) Box 90812 East Point, GA 30364 Parents on the Move Partners for Progress PTA (Parent Teachers Association)
Eva C. Galambos (525) 5070 Trimble Road Atlanta, GA 30342 Committee for Sandy
Springs, Inc
Mary Jane Galer (437) P.O. Box 4682 Columbus, GA 31904 Georgia Abortion Rights
Action League (GARAL)
Robert F. Galer (436) PPP Inc. P.O. Box 4682 Columbus, GA 31904 Georgia Abortion Rights
Action League (GARAL)

156

JOURNAL OF THE HOUSE,

Delores Gallego (759) 1030 Delta Blvd Department 977 Atlanta, GA 30320 Air Transport Association
of America Delta Air Lines, Inc.
Andrew L. Galloway (121) 724 Hemlock Street Macon, GA 31208 Andrew L. Galloway Medical Center of
Central Georgia
Jean Galloway (683) 140 River Court Parkway Atlanta, GA 30328 Family Concerns, Inc.
Bill Gambill (636) 205 Butler Street Room 1854 East Tower Atlanta, GA 30334 Georgia Department of Education
Carolyn Garcia (1197) 407 St. Albans Mableton, GA 30059 Ga. Right To Life Concerned for America Family Concerns
Michael H. Gardner (283) 3504 Jeffersonville Road Macon, GA 31201 Bakery Confectionery &
Tobacco Workers Local 362T
Pat Gardner (1036) 1170 Fourteenth Place Atlanta, GA 30309 Georgia Psychological
Association
John Garner (26) 351 Thornton Road Suite 119 Lithia Springs, GA 30057 Georgia Peace Officer Standards
& Training Council
Alethea K. Garnett (576) P.O. Box 105605 Atlanta, GA 30348 Georgia - Pacific Corporation
Rickey Garrett (30) 1351 Beaver Oaks Drive Macon, GA 31210 Rickey Garrett - I.A.M.

Charlotte Gattis (507) 1000 Circle 75 Parkway Suite 60 Atlanta, GA 30339 Georgia Manufactured
Housing Association
Heywood C. Gay (485) 3111 Shadow Walk Lane Tucker, GA 30084 Professional Insurance Agents American Massage
Therapy Association Georgia Association
Personal Care Homes
Stephen P. Georgeson (948) 1056 Spring Street NW Atlanta, GA 30309 Discover Card / Dean Witter
Financial Services General Electric Credit Corp. Checkcare Enterprises Georgia Home
Furnishings Association Chemical Manufacturers
Association Georgia Retail Association
Kimberly M. Gibbs (691) Highlands Parkway Suite 400 Atlanta, GA 30082 Chambers Development Company
Nancy G. Gibson (27) 32 Peachtree Street, N.W. Suite 225 Atlanta, GA 30303 Office of Consumers
Utility Counsel
Karen S. Gillespie (236) Post Office Box 16503 Atlanta, GA 30321 Bristol-Myers Squibb Company
Jack Girard (588) 1100 Spring Street, NW Atlanta, GA 30367 AAA Auto Club South
James B. Glanton Jr. (391) 8374 Creekridge Circle Riverdale, GA 30296 Georgia Coalition for
Traditional Family Values Georgia Right To Life
(Clayton County Chapter)

FRIDAY, JANUARY 17, 1992

157

Martha K. Glaze (782) Clayton County Juvenile Administration Bldg. Jonesboro, GA 30236 Council of Juvenile Court
Judges of Georgia
Robert W. Goethe (28) P.O. Box 2406 Savannah, GA 31402 Georgia Ports Authority,
Savannah, Georgia
Claude W. Goodley Jr. (129) 3919 Johns Hopkins Ct. Decatur, GA 30034 Rowe Enterprises
Ervin W. Goodroe (584) 151 Ellis Street Suite 515 Atlanta, GA 30303 Construction Suppliers
Association
Joane Goodroe (789) 1101 Johnson Ferry Rd, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health Services
of the South
Kay Goodroe (587) 151 Ellis Street Suite 515 Atlanta, GA 30303 Construction Suppliers'
Association
Alien Gossett (650) 1401 Turner McCall Blvd. Rome, GA 30161 Georgia Industrial Technology
Educators Association Professional Association of
Georgia Educators Georgia Vocational Association Georgia Association of Educators
Josephine L. Gould (320) 9401 Roberts Drive Apt # 29-M Atlanta, GA 30350 American Association of
Retired Persons (AARP)
Graham Green (312) 2329 Ava Place Decatur, GA 30033 Professional Association of
Georgia Educators

Mary Ann Green (684) 2930 Mountain Trace Roswell, GA 30075 Family Concerns, Inc.
Mike Greene (1081) P.O. Box 1359 Gray, GA 31032 Georgia Probate Judges Council Jones County Probate Court
Richard L. Greene (428) 938 Peachtree Street, N.E. Suite 207 Atlanta, GA 30309 Medical Association of Georgia
Sharon E. Greene (1179) Pace Academy 966 West Paces Ferry Road Atlanta, GA 30327 National Society of Fund
Raising Executives
William B. Greenhaw (108) 3593 Overlook Ave. Macon, GA 31204 Professional Association of
Georgia Educators
Fred Greer (279) 35 Broad Street llth Floor Atlanta, GA 30302 Nationsbank
Clark Gregory (32) 660 Elkmont Drive, NE Atlanta, GA 30306-3623
Charles F. Griffin (29) P.O. Box 2406 Savannah, GA 31402 Georgia Ports Authority,
Savannah Ga.
Jerry Griffin (1164) 2 Peachtree Street, N.W. Suite 2600 Atlanta, GA 30303 Association County
Commissioners of Ga
Madeline Griffin (1031) 3631 Camp Circle Decatur, GA 30032 Council of Juvenile Court
Judges of Georgia

158

JOURNAL OF THE HOUSE,

William N. Griffin (294) 3015 Piedmont Road, N.E. Atlanta, GA 30305 Georgia Beer Wholesalers
Association, Inc.
James M. Griffith (712) 333 Piedmont Avenue 23rd Floor Atlanta, GA 30308 Georgia Power Company
Leigh Anne Griggers (959) 151 Spring Street, N.W. Atlanta, GA 30303 Senior Citizens Advocacy Program
Mark Grizle (879) 1596 County Farm Road Cobb County Fire Department Marietta, GA 30060 Georgia Association of
Fire Chiefs Georgia State Firefighter's
Association Georgia Firemen's Pension Fund
Betty Groepper (946) 100 Edgewood Suite 1010 Atlanta, GA 30303 Georgia League of Women
Voters, Inc.
Jim Groome (1093) 900 Circle 75 Parkway Suite 1740 Atlanta, GA 30339 China Clay
Procedures Association Inland Container Pratt Industries
James F. Grubiak (1063) 2 Peachtree Street Suite 2600 Atlanta, GA 30303 Association County
Commissioners of Georgia
Marion Guess (1085) Dekalb County Courthouse Decatur, GA 30030 Georgia Probate Judges Council Dekalb County Probate Court
Jim Gurley (805) P.O. Box 606 Bainbridge, GA 31717 Professional Association
of Georgia Educators

Hellen I. Guttinger (31) 954 N. Main Street Conyers, GA 30207 Rockdale County Public Schools
Gould B. Hagler, Jr. (981) P.O. Box 48386 Atlanta, GA 30362 Georgia Child Care Association Independent Insurance Agents
of Georgia, Inc.
Wayne Hagood (225) 2733 Sheraton Drive Suite 180 Macon, GA 31204 Machinist Union
Paige Otwell Haines (547) 41 Marietta Street, NW Suite 701 Atlanta, GA 30303 Georgia Civil Justice Foundation
Van Hall (754) 1685 Terrell Mill Road Marietta, GA 30067 American Heart Association,
Georgia Affiliate
James T. Hallman (133) P.O. Box 370808 Decatur, GA 30037-0808 Georgia Bureau of Investigation
Linda H. Hambrick (657) 105 Championship Drive Athens, GA 30607 Family Concerns Inc.
Margie Pitts Hames (1012) 1355 Peachtree Street Suite 2000 Atlanta, GA 30309 Georgia Abortion Providers
John R. Hamilton, III (509) 4 Executive Park Drive, NE Suite 2100 Atlanta, GA 30329 State Health Planning Agency
Karen Hamlett (555) 374 Maynard Terrace Suite 202 Atlanta, GA 30316 Atlanta Federation of
Teachers Local 1565

FRIDAY, JANUARY 17, 1992

159

Jim Hammock (1094) 44 Broad Street Suite 208 Atlanta, GA 30339 Mapco Petroleum Georgia Electric
Membership Corporation Humana Vulcan Materials Company, Inc. Anheuser-Busch Companies, Inc. Tobacco Industries Georgia Association of
Rehabilitation Facilities
Ted L. Hammock (378) P.O. Bex 1648 Augusta, GA 30809 National Science Center
Foundation, Inc
Paul L. Hanes (1000) 84 Peachtree Street # 601 Atlanta, GA 30303 Ticketmaster, Southeast
Cynthia L. Haney (429) 938 Peachtree St., N.E. Medical Association of Georgia Atlanta, GA 30309 Medical Association of Georgia
Claudia D. Hanson (426) Two Northside 75 Suite 230 Atlanta, GA 30318 Joint Board of Family
Practice, State of Georgia
Roy Hanson (111) 100 Edgewood Ave. Rm 1810 Atlanta, GA 30303 Metropolitan Atlanta
Crime Commission
William T. Harbin (767) 3922 Gail Drive Oakwood, GA 30566 American Association of
Retired Persons (AARP)
Pat Hardaway (1082) P.O. Box 58 Appling, GA 30802 Georgia Probate Judges Council Columbia County Probate Court
Holly Hardin (541) 1675 Terrell Mill Road Marietta, GA 30067 Georgia Hospital Association

Kathryn Fulton Hardy (822) 210 Seamarsh Court NW Atlanta, GA 30328 Georgia Citizens for the Arts
Karen Harper (153) 114 Baker Street N.E. Atlanta, GA 30308 Georgia PTA
Joel E. Harrell (846) 185 Spring Street Atlanta, GA 30080 Norfolk Southern Corporation
Carolyn Harrelson (182) P.O. Box 158 Reidsville, GA 30453 Ga. School Bus Drivers
Association, Inc.
J.P. Harrington, Jr. (463) 39 S. Peachtree Street Norcross, GA 30071 Harrington Insurance Agency
Bonnie Harris (251) 1240 Atkinson Road Lawrenceville, GA 30243 Georgia School
Boards Association
Arnetha Harrison (708) 1014 Beech Street Marietta, GA 30062 Cobb County School
Bus Drivers Association
Gordon Harrison (970) Omni Resource Group, Inc. 44 Broad Street Suite 208 Atlanta, GA 30303 Anheuser-Busch Companies Humana Tobacco Industries Vulcan Ga. Association of
Rehabilitation Facilities Ga. Electric
Membership Corporation Mapco Petroleum
Tom Harrold (252) 1409 Peachtree Street Atlanta, GA 30309 Motion Picture Association
of America United Parcel Services of America Northeast Georgia Service and
Air Transportation Comm.

160

JOURNAL OF THE HOUSE,

John Harsch (263) 808 Commerce Blvd. Riverdale, GA 30296 Clayton County Commission
on Children and Youth
Keith Hatcher (93) 3200 Presidental Drive Atlanta,, GA 30340 Georgia Association of
Realtors, Inc.
Bill Hathaway (219) 1067 McConnell Drive Decatur, GA 30033
Dr. B. Lee Hawkins (448) 404 Green Street, NE Gainesville, GA 30501 Georgia Dental Association
Glenn J. Hawkins (640) P.O. Box 645 Tulsa, OK 74101-0645 Mapco Inc. Mapco Petroleum (Delta Express) Mapco Gas Products Inc.
Martha Haygood (652) 1926 Greystone Road, NW Atlanta, GA 30318 Friends of the Environment
Martha Hazelton (904) 200 Piedmont Avenue Suite 1620 West Tower Atlanta, GA 30334 Department of
Administrative Services
Ansley Head (958) P.O. Box 3407 Atlanta, GA 30302-9998 J.D. Cargill and
Associates, Inc.
Ann D. Hearn (361) P.O. Box 95217 Atlanta, GA 30347 Georgia Head Injury Association
Harry A. Heath (418) P.O. Box 17965 Atlanta, GA 30316 Ga. Dept. of Defense Ga. Air National Guard Ga. Army National Guard Ga. State Defense Force

Alien L. Henderson (461) 120 Barrington Hills Drive Atlanta, GA 30350 Physical Therapy
Association of Georgia Georgians for Clean Water, Inc
Larrid N. Henderson (660) 2324 Wesley Chapel Road Decatur, GA 30035 Creative Corp. Gifts Right To Life Family Concerns Inc.
Dr. J. Emmett Henderson, Exe. Dir. (151)
2930 Flowers Road South Atlanta, GA 30341 Ga. Council on Moral
and Civic Concerns
Constance M. Henry (681) 8534 Shoreview Court Jonesboro, GA 30236 Family Concerns, Inc.
Valerie A. Hepburn (143) 47 Trinity Avenue SW Room 520 Atlanta, GA 30334 Ga. Department of
Human Resources
R. W. Herlong (863) 100 Executive Ctr Drive Suite 115 Columbia, SC 29210 Nationwide Ins. Companies
Neill Herring (105) 257 S. Elm St. Jesup, GA 31545 Workers Compensation Claimants
Lawyers, Ga. Trial Lawyers Assc. Campaign for a Prosperous Georgia Georgia Association of
Railroad Passengers Georgia Chapter of the
Sierra Club Amalgamated Transit Union
Local 732
Fran Hesser (518) 50 Hurt Plaza Atlanta, GA 30345 Georgia Petroleum Council
Julian Hester (148) 300 Northcreek Suite 850 3715 Northside Pkwy NW Atlanta, GA 30327 Community Bankers
Association of Georgia

FRIDAY, JANUARY 17, 1992

161

George E. Hibbs (1117) 1600 Atlanta Financial Center 3343 Peachtree Rd, N.E. Atlanta, GA 30326 Morris, Manning & Martin
Mary Mickey (861) P.O. Box 8551 Atlanta, GA 30306 Georgians for Choice
Political Committee
Cap Hicks (97) State Capitol Governors Office - Room 111 Atlanta, GA 30334 Governor of Georgia
- Zell Bryan Miller
John S. Hightower (261) 5700 Florida Blvd. Suite 310 Baton Rouge, LA 70806-4243 Georgia Pacific Corporation
Bonnie Stanley Hill (37) 2 Martin Luther King, Jr. Drive 1216 W. Tower Atlanta, GA 30334 Department of Medical Assistance
Jerry Hill (914) 375 Northridge Dr. Atlanta, GA 30302 Amoco Corporation
Lucille V. Hill (258) Six Carlisle Way NE Atlanta, GA 30308 AARP - American Association
Retired People
Rends Hill (988) Court Square Greenville, GA 30222 U.S. Sprint
Jeanne M. Hill, Interim Dir. (179) P.O. Box 158 Reidsville, GA 30453 Ga. School Bus
Drivers Association
C. Robert Hilliard (526) P.O. Box 93345 Atlanta, GA 30318 Georgia Sport
Shooting Association

George Hills, III (1103) P.O. Box 93345 Atlanta, GA 30318 Georgia Sport Shooting
Association, Inc.
Fitzhugh Hiltzheimer (934) P.O. Box 2406 Savannah, GA 31402 Georgia Ports Authority,
Savannah, Georgia 31402
Joe D. Hindman (1218) 1901 Montreal Road Tucker, GA 30084 Travis Pruitt and Associates PC
Curtis T. Hines (1209) 141 Pryor Street Suite 10032 Atlanta, GA 30303 Fulton County: Chairmans" Office
Derl J. Hinson (572) 151 Ellis Street, Suite 422 Atlanta, GA 30303 Georgia Electric
Membership Corp. (GEMC)
Mark J. Hoban (852) 6200 Abbotts Bridge Rd. Duluth, GA 30136 Standard Club
Terry E. Hobbs (620) 1200 Peachtree St., Rm. 12160 Atlanta, GA 30309
Cheatham E. Hodges, Jr. (1049) 3200 Deans Bridge Road Augusta, GA 30906 Georgia Association
of Architects Georgia Military Academy The Dental Corporation
of America Georgia Catholic Conference Hodges Corporation, The,
and Its Clients
Bryce W. Holcomb (276) 848 Jesse Jewell Parkway Suite 105 Gainesville, GA 30501 Georgia Soft Drink Association
Bryce W. Holcomb, Jr. (1182) 34 Peachtree Street, NW Suite 2500 Atlanta, GA 30303 Lex Jolley & Co., Inc.

162

JOURNAL OF THE HOUSE,

Ed Holcombe (605) 333 Piedmont Avenue P.O. Box 4545 Atlanta, GA 30308 Georgia Power Company
Michael Holiman (853) 1817 Dyson Drive Decatur, GA 30030 Cornerstone Public
Affairs, Inc.
Ron Hollingsworth (685) 12 Regency Way Mableton, GA 30059 Family Concerns Hurt Road B.C. Pebblebrook High School My Family
John Holloway (1042) 719 Mclendon Street Ashburn, GA 31714 Professional Association of
Ga. Educators
R. Mark Holloway (1181) 249 East College Avenue Ashburn, GA 31714 Ashburn - Turner Co.
Chamber of Commerce Turner County
Development Authority
Eric Holmes (968) 1456 Stratfield Circle Atlanta, GA 30319 Bob Short and Associates
Gary M. Holmes (834) 315 West Ponce de Leon Decatur, GA 30337
Charles H. Hood (548) P.O. Box 105605 133 Peachtree St., N.E. Atlanta, GA 30348 Georgia Pacific Corporation
Janice Hood (699) 1014 Beech Street Marietta, GA 30062 Cobb County School Bus
Drivers Association
George H. Hope (199) 4281 Memorial Drive Suite C Decatur, GA 30032 Georgia Firefighter Standards
and Training Council

Gary G. Horlacher (833) 102 Surry Trail Peachtree City, GA 30269
Denise L. Houston (1002) 100 Edgewood Avenue Suite 1010 Atlanta, GA 30303 League of Women Voters
of Georgia
Ann Howell (808) P.O. Box 16 Buena Vista, GA 31803 Professional Association
of Georgia Educators
Capt. J. L. Howell (119) 959 East Conferderate Avenue SE Atlanta, GA 30316 Department of Public Safety
Bill Hritz (790) 1101 Johnson Ferry Rd, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health Services
of the South
Henry M. (Hank) Huckaby (217) 254 Washington St., S.W. Suite 614 Atlanta, GA 30334
Susan M. Hudson (528) 1768 Old Country Place Woodstock, GA 30188 Mountain Road Elementary PTA
Betty Ann Huff (150) P.O. Box 778 Stone Mountain, GA 30086 Stone Mountain
Memorial Association
Susan Huggins (1240) P.O. Drawer 1734 Atlanta, GA 30301 The Coca-Cola Company
Amy Haywood Hughes (950) 191 Peachtree Street Suite 1600 Atlanta, GA 30329 Powell, Goldstein,
Frazer & Murphy Georgia High Tech Alliance
John A. Hulsey, Jr. (971) 615 D Oak Street Gainesville, GA 30501-3507 Georgia Retired
Teachers Association

FRIDAY, JANUARY 17, 1992

163

Bob C. Hunt (622) 3350 Cumberland Circle Suite 1850 Atlanta, GA 30339
Lyn Hunt (1061) P.O. Box 633 Madison, GA 30650 Georgia Citizens for the Arts
Sharon Hunt (492) 4500 Hugh Howell Road Suite 140 Tucker, GA 30084 Georgia Society of Association
Executives, Inc.
Oliver R. Hunter (1079) 2 Peachtree Street Suite 2600 Atlanta, GA 30303 Association County Commissioners
of Georgia
Jim Hurt (206) #2 MLK, East Tower Suite 356 Atlanta, GA 30334 Governor's Office of
Consumer Affairs
Opal Hutcheson (704) 1014 Beech Street Marietta, GA 30062 Cobb County School Bus
Drivers Association
Susan Kidd Hutson (972) 980 Judy Ann Lane Kennesaw, GA 30144 Family Concerns
James L. Hutto (162) 44 Broad Street Suite 707 Atlanta, GA 30303 Georgia Highway
Contractors Association
Mark C. Hutto M.D. (260) 2150 Peachford Road Suite B Atlanta, GA 30338 Georgia Psychiatric
Physicians Association Coalition for Equitable
Health Benefits Medical Association of
Gerogia and Atlanta Mental Health Association
of Metropolitan Atlanta

Bill Ilott (502) 1851 Ram Runway # 104 College Park, GA 30337 Association for Retarded
Citizens of Georgia
Clifton Neil Irby (274) Suite 1030 57 Forsyth Street, NW Atlanta, GA 30303 Christian Science Church
Bob L. Izlar (843) 505 Pinnacle Court, Suite 505 Norcross, GA 30071-3634 Georgia Forestry
Association, Inc.
Donald C. Jackson (350) 2 MLK Jr. Drive Atlanta, GA 30334 Office of Secretary of State
Gary E. Jackson (246) 1355 Peachtree Street Ste. 1550 Atlanta, GA 30309 Magistrate Court Fulton County Fulton County
Development Authority
Harry C. Jackson (925) P.O. Box 2547 Columbus, GA 31994 Georgia Ports Authority,
Savannah, Georgia
T. Jerry Jackson (155) 410 Trinity-Washington Building Atlanta, GA 30334 Georgia Department of Revenue
June Jansen (447) Two Northside 75 Suite 214 Beta Building Atlanta, GA 30318 Consulting Engineers
Council of Georgia
Richard Janss (892) 2387 Havenridge Drive, N.W. Atlanta, GA 30305 Georgia Silver Haired Legislative
Bethanne Jenks (459) 878 Artwood Road, NE Atlanta, GA 30307 American Academy of Pediatrics
- Georgia Chapter

164

JOURNAL OF THE HOUSE,

Susan Jennings (706) 1014 Beech Street Marietta, GA 30062 Cobb County School Bus
Drivers Association
Valera B. Jessee (521) One Executive Concourse Suite 103 Duluth, GA 30136 Georgia Pest
Control Association
Robert M. Jeter (44) 1825 South Oaks Byromville, GA 31007 Motorola Communications
Chief Judge John W. Sognier (1121) 408 State Judicial Building Atlanta, GA 30334 Georgia Court of Appeals
Annette B. Johnson (716) P.O. Box 20 Clinchfield, GA 31013 Citizens for Traditional Values
Brenda Johnson (697) 1014 Beech Street Marietta, GA 30062 Cobb County School Bus
Drivers Association
Bruce J. Johnson (1014) 460 Amberidge Trail, N.W. Atlanta, GA 30328 Georgia Livestock Markets
Association, Inc. Livestock Marketing Association
Coy R. Johnson (392) 112 North Main Street Cumming, GA 30130 Lipscomb, Johnson & Ashway
E. Ashby Johnson (328) 1460 Brianwood Road Decatur, GA 30033 American Association of
Retired Persons
Rudolph Johnson (1221) Two Northside 75 Suite 300 Atlanta, GA 30318 Employees' Retirement
System of Georgia
Thomas T. Johnson (41) P.O. Box 265 Hephzibah, GA 30815 Georgia Ports Authority,
Savannah, Georgia

William P. Johnson (726) 306 Tanner Street Carrollton, GA 30117
Henry Johnson, Sr. (243) 7383 Grover Drive Macon, GA 31206-7323 International Association of
Machinist & Aerospace Workers
Susan Twilley Johnstone (745) P. 0. Box Cobb Marietta, GA 30067 Cobb Chamber of Commerce
Edna L. Jones (644) P.O. Box 636 Clarkston, GA 30021 Professional Association of
Ga. Educators
Laura A. Jones (128) 1200 Equitable Bldg. 100 Peachtree Street Atlanta, GA 30303 Georgia Department of
Community Affairs
Mike M. Jones (549) 2571 Landeau Circle Tucker, GA 30084 American Association of
Retired Persons
Mevin Jones (405) 3951 Snapfinger Parkway Decatur, GA 30035
Ben Jones, Jr. (42) 200 Piedmont Avenue 1516 W. Tower Atlanta, GA 30334 Superior Court Judges'
Retirement System District Attorneys'
Retirement System State Depository Board Georgia State
Indemnification Commission
Stanley S. Jones, Jr. (520) 1500 Marquis Two Tower 285 Peachtree Center Avenue Atlanta, GA 30303-1257 Kaiser Permanente Georgia Hospital Association Healthmaster Mental Health
Association of Georgia

FRIDAY, JANUARY 17, 1992

165

Jeff R. Joyce (1009) 3797 Fox Hills Drive Marietta, GA 30067 The Polaris Group
Suzanne Justus (746) 3402 Shawnee Trail Smyrna, GA 30080 Concerned Women for America Georgia Right To Life Concerned Citizens
Vern Karnstedt (370) 901 Sawyer Road Mariettta, GA 30062 Solvay Pharmaceuticals
Tom Keating (939) P.O. Box 125 Decatur, GA 30031 Atlanta Public Schools
Rebecca A. Keel (949) Fulton County Courthouse / D.A. 136 Pryor Street, S.W. Atlanta, GA 30303 Lewis R. Slaton - D.A./
Atlanta Judicial Circuit
Charles R. Keith (762) 7088 Babbling Brook Drive Jonesboro, GA 30236 Christian Coalition
Robert E. Keller (1154) District Attorney's Office 121 McDonough Street Jonesboro, GA 30236 District Attorneys Association
of Georgia Prosecuting Attorneys Council
Joseph J. Kelly (139) P.O. Box 4582 Atlanta, GA 30302 Texaco Inc. and Its
Affiliated Companies Star Enterprises
Gregory G. Kergosien Jr. (45) 3232 Cobb Parkway #256 Kalamazoo, Mi. 7000 Portage Rd. Atlanta, GA 30339 Upjohn Company, The
G. Robert Kerr (231) 254 Washington St., Suite 416 Atlanta, GA 30334 Georgia Hazardous Waste
Management Authority

Bruce S. Keys (899) 4355 Cascade Road Apt. H5 Atlanta, GA 30331 The Brunswick Group
John R. Keys (1092) 2600 First Atlanta Tower 2 Peachtree Street, NW Atlanta, GA 30303-3142 Association County
Commissioners of Georgia
Timothy L. Kibler (1043) 119 Pharr Road Atlanta, GA 30305 Monty Veazy and Associates
E. Culver Rusty Kidd (601) Kidd and Associates P.O. Box 77102 Atlanta, GA 30357 Georgia Society of Certified
Public Accountants Charter Medical Corporation R. J. Reynolds Nabisco
John C. Kilpatrick, Jr. (324) 720 Church Street Decatur, GA 30030-1623 Georgia Firemen's Pension Fund
Jackie T. Kimberly (462) 1900 Emery Street NW Suite 226 Atlanta, GA 30318 Georgia Society of
Professional Engineers
Michael S. Kindberg (897) Route 0, Box 277 Alpharetta, GA 30239-0277 Georgia Gunowners'
Coalition, Inc.
Jim King (951) 2274 Leafmore Drive Decatur, GA 30033 Life Insurance of Georgia
Robert R. King (1070) 600 West Peachtree Street, N.W. Suite 1500 Atlanta, GA 30308 Georgia Hospitality &
Travel Association

166

JOURNAL OF THE HOUSE,

W. Ross King (1078) 2600 First Atlanta Tower 2 Peachtree Street, NW Atlanta, GA 30303-3142 Association County
Commissioners of Georgia
Sharon Kingston (397) 450 Capitol Avenue Atlanta, GA 30312 Ramada Hotel - Captiol Plaza
Dan P. Kirby (331) 2596 Skyline Drive College Park, GA 30337 Georgia Fraternal
Order of Police
Nancy Hayes Kitchens (873) P.O. Box 636 Clarkston, GA 30021 Professional Association
of Georgia Educators
Fred B. Kitchens, Jr. (1016) Suite 414, Six Piedmont Center 3525 Piedmont Road, N.E. Atlanta, GA 30305 Wine & Spirits Wholesalers
of Georgia
Jim Kittrell (733) 1590 Marietta Blvd., NW Atlanta, GA 30318 CSX Transportation
Harry F. Knox (975) 46-5th Street, N.W. Atlanta, GA 30308 American Society, Georgia
Division, Inc.
Dr. Michael J. Kocurek (752) P.O. Box 7798 Savannah, GA 31418 Herty Foundation Development Center
Kristen Koski (779) 781 Marietta Street B-100 Atlanta, GA 30318 The Georgia Conservancy
Michael E. Kramer (464) 3951 Snapfinger Pkwy Georgia Assn of Educators Decatur, GA 30035 Georgia Association of Educators

Todd Mitchell Krohn (110) 100 Edgewood Ave., N.E. Room 1810 Atlanta, GA 30303 Metropolitan Atlanta
Crime Commission
Jim Kulstad (544) 158 Flora Avenue, NE Atlanta, GA 30307 Common Cause/Georgia
Michael Kumpf (204) 9040 Roswell Road, Suite 500 Atlanta, GA 30350 BP America, Inc.
Becky A. Kurtz (451) 151 Spring Street NW Atlanta, GA 30303 Senior Citizens
Advocacy Program
Kathy Kuzava (446) 3200 Highlands Pkwy, Ste 210 Smyrna, GA 30082-5192 Georgia Food
Industry Association
Larry Lenders (545) 1000 Circle 75 Parkway Suite 060 Atlanta, GA 30339 Georgia Manufactured
Housing Association
Chester C. Lane (1162) 69 Butler Street Atlanta, GA 30260 Ga. Obstetrical &
Gynecological Society
Donna Lane (232) P.O. Box 1331 Lawrenceville, GA 30246 Gwinnett County Childrens
Shelter, Inc.
Roger T. Lane (142) 3581 Habersham At North Lake Tucker, GA 30084 Georgia Oilmen's Association
Evelyn K. Lanier (732) 233 Peachtree Street Suite 200 Atlanta, GA 30303 Business Council of Georgia
H. Jeff Lanier (424) 110 State Capitol Atlanta, GA 30335-1505 Secretary of State,
Elections Division

FRIDAY, JANUARY 17, 1992

167

Sis. Joanne Lappetito (791) 1101 Johnson Ferry Rd, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health Services
of the South
Jim Larche (478) Two Northside 75 Suite 300 Atlanta, GA 30318 Employees' Retirement
System of Georgia
Reuben W. Lasseter (589) 47 Trinity Avenue, SW Atlanta, GA 30334 Council for State
Personnel Administration
Luke R. Lassiter (224) 106 Pine Crest Drive Gumming, GA 30130 National Association
of Independent Insurers
Terry D. Lawler (314) 3 Ravinia Drive Atlanta, GA 30346 MCI Telecommunications, Inc.
Ted Lawrence (977) 125 Perimeter Center West Suite 346 Atlanta, GA 30346 Southern Bell
Eugene E. Lawson (1083) 121 S. McDonough Street Jonesboro, GA 30236-3694 Georgia Probate Judges Council Clayton County Probate Court
Kevin F. Leahy (1176) 1099 Greenbriar Circle Decatur, GA 30033 International Finance
Corporation
Paul D. Leavitt (1013) 125 Perimeter Ctr. West Rm. 376 Atlanta, GA 30346 Southern Bell
James G. Ledbetter, Ph.D. (145) 47 Trinity Avenue SW Room 520 Atlanta, GA 30334 Ga. Department of
Human Resources

C. Theodore Lee (643) 2082 E. Exchange Place Suite 235 -C/0 State Ethics Comm Tucker, GA 30084 State Ethics Commission,
State of Georgia
Kathleen Lee (792) 1100 Johnson Ferry Rd, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health Services
of the South
Lee R. Lemke (527) 900 Circle 75 Parkway Suite 1740 Atlanta, GA 30339 Georgia Mining Association China Clay
Producers Association
Robert J. Lenihan, Jr. (154) 410 Trnity-Washington Bldg. Atlanta, GA 30334 Georgia Department of Revenue
Julius M. Lennard, Jr. (756) 111 Huntington Road, NE Atlanta, GA 30309 Grand Jurors Association
of Fulton County
Earl T. Leonard Jr. (207) P.O. Drawer 1734 Atlanta, GA 30301 The Coca - Cola Company
Frank Lesesne (569) 151 Ellis Street, NE Suite 422 Atlanta, GA 30303 Georgia Electric
Membership Corporation
Steven L. Levetan (748) 3353 Peachtree Road Suite 920 Atlanta, GA 30326 Georgia Association of
Recycling Industries Institute of Scrap Recycling
Industries- Southeastern Chapter Southeast Paper
Manufacturing Company Southeast Recycling Corporation Rock - Tenn Co.

168

JOURNAL OF THE HOUSE,

Barbara H. Levitas (296) 829 Castle Falls Drive, NE Atlanta, GA 30329 Children's Trust Fund of
Georgia - Commission
Barbara H. Levitas (610) 829 Castle Falls Drive, NE Atlanta, GA 30329 Children's Trust Fund of
Georgia - Commission
G. Charles Lewis (1022) No 2 Capitol Square Atlanta, GA 30334 Ga. Department of Transportation
John G. Lewis (625) GEICO Plaza Washington, DC 20076
Michael Light (1074) Suite 458 2 Martin Luther King Drive Atlanta, GA 30334 State Board of Pardons
and Paroles
Milton R. Lincoln (1229) 235 International Blvd., NW Atlanta, GA 30303 The Atlanta Chamber of Commerce
H. Sid Linton (114) 1640 Powers Ferry Road Building 18 Suite 320 Marietta, GA 30007 GTE
Sid Linton (1008) 1640 Powers Ferry Road Bldg. # 18 - Suite 320 Marietta, GA 30067 GTE
Lou Litchfield (831) 241 Lemon Street Suite D Marietta, GA 30060
Luke Livingston (200) 3307 Leeds Way Duluth, GA 30136 Sandoz Pharmaceuticals
Corporation
Sewell K. Loggins (253) One Premier Plaza Suite 900 5605 Glenridge Drive Atlanta, GA 30342 Allstate Insurance Company

Maureen M. Lok (266) 3793 Racoon Run Marietta, GA 30062 League of Women Voters
of Georgia
F. Thomas Longerbeam (136) 325 John Knox Road Suite C-135 Tallahassee, FL 32303 Motor Vehicle Manufacturers
Association of the United States, Inc
Debra Love (120) 959 E. Confederate Avenue SE Atlanta, GA 30316 Department of Public Safety
Gail Love (840) P.O. Box 486 Hiram, GA 30141-0486 D.A.R.E. - Disabled Americans
Ralley for Equality
Leslie Lowe (1057) 8th Floor, East Tower Dept. of Corrections Atlanta, GA 30334 Georgia Department of Corrections
Linda S. Lowe (624) 161 Spring Street 5th Floor Atlanta, GA 30303
Dr. Donella W. Lowery (319) 632 Carol Drive S.W. Tunnel Hill, GA 30755 Georgia Association of Elementary
School Principals
Angelina R. Luke (135) 3155 Presidential Drive Suite 104 Atlanta, GA 30340 Georgia Apartment Association Atlanta Apartment Association
Barbara Lyles - Anderson (381) 4111 N. Stratford Road Atlanta, GA 30342 Junior League of Atlanta
Dr. Louis LaMotte (223) 4820 Leeds Court Dunwoody, GA 30338 Georgia Federal / Military
Retiree Coalition, Inc.

FRIDAY, JANUARY 17, 1992

169

Herbert Mabry (104) 501 Pulliam Street, S.W. Suite 549 Atlanta, GA 30312 Georgia State AFL-CIO
Michael R. Mackenzie (281) 874 A N. Main Street Suite 200 Conyers, GA 30207-4475 Parole Consultant Services
of Ga., Inc. The Mackenzie Agency
Dr. Allene Magill (389) 522 Hardee Street Paulding County School System Dallas, GA 30132 Paulding County Board
of Education
John C. Magnan (713) 431 West 9th Street Louisville, GA 30434 Professional Association of
Georgia Educators
Sheila Mallon (618) 3522 Evans Ridge Trail Atlanta, GA 30340 Project Life
Francis D. Mangieri (649) 5905 Polo Drive Cumming, GA 30130 CIBA-GEIGY Corporation
Ann Marchetti (1114) 2600 First Atlanta Tower 2 Peachtree St. Atlanta, GA 30303 Association County
Commissioners of Georgia
Percy Marchman (517) 2799 Lawrenceville Highway Suite 200 Decatur, GA 30033 Georgia Association of Property
& Casualty Insurance Companies
Bob Margolin (365) 4544 Leonora Drive Tucker, GA 30084 Syntex Laboratories, Incorporated
Anna Marshall (511) 4 Executive Park Drive, NE Suite 2100 Atlanta, GA 30329 State Health Planning Agency

Charles C. Martin (58) 470 S Hill Street Buford, GA 30518 Georgia Gamefoul
Producers Association
Jim Martin (254) 3340 Peachtree Road, NE Suite 2750 Atlanta, GA 30326 James P. Martin
John E. Martin (960) 2045 Pleasant Hill Rd. Duluth, GA 30136 Georgia Credit Union Affiliates
Trip Martin (390) P.O. Box 637 Duluth, GA 30136 Michie Corporation National Electrical
Contractors Association Browning Ferris Industries Texaco Incorporated Cohn-Wolfe
Andrew G. Martinez (862) 1311 Executive Center Drive Suite 121 Tallahasee, FL 32301 Nationwide Insurance Companies
Carl Mason (1157) LL 709 Machinist Mattelia, GA 30331 Local Lodge 709 Machinist
Keith Mason (239) 201 State Capitol Atlanta, GA 30334 Office of the Governor
F. Abit Massey (140) Post Office Box 763 Gainesville, GA 30503 Georgia Poultry Federation, Inc.
Peter Mathon (400) 225 Peachtree Street, NE Atlanta, GA 30303
Rebecca P. May (663) 250 Spring Street Suite 11E112 Atlanta, GA 30303 Family Concerns, Inc.

170

JOURNAL OF THE HOUSE,

Ann M. Mayweather (1004) 100 Edgewood Avenue Suite 1010 Atlanta, GA 30303 League of Women Voters of Georgia
Demetrius Mazacoufa (590) 1401 Peachtree Street Suite 238 Atlanta, GA 30309 Georgia Nurses Association Georgia Speech-Language-Hearing
Assoication Georgia Dietetic Association
Bill McBrayer (10) 100 Edgewood Avenue, N.W. Suite 1804 Atlanta, GA 30303
Robert G. McCants (581) 2082 Exchange Place Suite 200 Tucker, GA 30084 Georgia Student
Finance Commission
Julianna McConnell (568) 151 Ellis Street Suite 422 Atlanta, GA 30303 Georgia Electric
Membership Corporation
Jeff McCord (146) 47 Trinity Avenue SW Room 641 Atlanta, GA 30334 Ga. Department of Human Resources
Jeff McCord (477) 47 Trinity Avenue SW Room 641 Atlanta, GA 30334 Board of the Department
of Human Resources Ga. Department of Human Resources
Lauren Bubba McDonald (482) 1847 Peeler Road P.O. Box 88866 Atlanta, GA 30356 Georgians for Better
Transporation, Inc.
Ed McGill (287) Suite A-106 1500 Klondike Road Conyers, GA 30207 Georgia Alcohol Dealers
Association, Inc.

Donna Kay McLaurin (583) 2657 Lenox Road # 155 Atlanta, GA 30324 Georgia Check
Cashiers Association
Vicki McLennan (962) 2387 Poplar Springs Court Atlanta, GA 30319 Public Assistance Coalition Georgia National Organization
for Women
Howard N. Mead (565) 245 State Capitol Atlanta, GA 30334 Office of the Governor
Laura Jean Meadows (434) Post Office Box 7068 Macon, GA 31298 Georgia Farm Bureau Federation
B. Keith Melton (468) 230 Peachtree Street, NW Suite 1650 Atlanta, GA 30303 Atlanta Economic
Development Corporation
Luther Melton (383) 2054 Twin Towers East Atlanta, GA 30334 Georgia Department of Education
Paul L. Melvin (1223) 2 MLK, Jr., Dr., Twin Towers Atlanta, GA 30334 Georgia Department of Corrections
Sandra C. Mershon (487) 222 East Lake Drive Decatur, GA 30030 Sandra C. Mershon
Shelly Messerli (1019) 233 Mitchell St. Suite 200 Atlanta, GA 30303 American Civil Liberties
Union of Georgia
Melissa Metcalfe (543) 233 Mitchell Street, S.W. #340 Atlanta, GA 30303 Common Cause/Georgia

FRIDAY, JANUARY 17, 1992

171

Fred P. Metros (898) 1050 Greendale Lane Jonesboro, GA 30236 Georgia Gunowners'
Coalition, Inc.
Gwen Metzger (1126) 2550 Brookdale Dr., N.W. Atlanta, GA 30305 Grassroots Georgians
H. Perry Michael (784) Suite 132 - State Judicial Bldg. Capitol Square Atlanta, GA 30334 State Law Department
Sandra Michaels (1021) 142 Mitchell Street Suite 300 Atlanta, GA 30303 Georgia Association of Criminal
Defense Lawyers
Robert J. Middleton, Jr. (472) 1400 Peachtree Place Tower 999 Peachtree St., N.E. Atlanta, GA 30309-3999 Municipal Gas Authority
of Georgia Municipal Electric Authority
of Georgia
David W. Milam (241) P.O. Box 10 1-75 Industrial Blvd. Ringgold, GA 30736 Salem Carpet Mills, Inc.
Larry Miles (184) P.O. Box 158 Reidsville, GA 30453 Ga. School Bus Drivers
Association, Inc.
Jeff Miller (410) 2906 Hermosa Drive Decatur, GA 30034 Professional Firefighters
of Georgia
Martin J. Miller (998) 3020 N. Patterson Street Valdosta, GA 31604 Georgia Association of
Community Care Providers
William G. Miller, Jr. (1090) 166 Pryor Street SW Atlanta, GA 30303 Office of Secretary of State State Examining Boards

Thomas E. Mishou (52) 214 State Capitol Bldg. Atlanta, GA 30334 Secretary of State
John W. Mitchell (964) P.O. Box 2295 Atlanta, GA 30316 American Indian Council
Lucius Q. Mitchell (623) P. 0. Box 115539 Atlanta, GA 30310
John W. Mixon (125) P.O. Box 819 Macon, GA 31298-4599 Georgia Forestry Commission
Michele Molden (786) 110 Johnson Ferry Rd, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health Services
of the South
Alma Jo Molmer (705) 1014 Beech Street Marietta, GA 30062 Cobb County School Bus
Drivers Association
Vickie L. Moody (475) 2719 Buford Highway Atlanta, GA 30324 Georgia Association of Homes
& Services for the Aging
Elsie Moon (707) 1014 Beech Street Marietta, GA 30062 Cobb County School Bus
Drivers Association
Herman L. Moore (770) P.O. Box 105605 133 Peachtree Street, N.E. Atlanta, GA 30348 Georgia Pacific Corporation
Maria S. Moore (908) 244 Washington Street, S.W. Suite 550 Atlanta, GA 30334 Judicial Council / Admn.
Office of the Courts Council of Probate Court Judges Council of Magistrate
Court Judges Board of Court Reporting

172

JOURNAL OF THE HOUSE,

Richard B. Moreland (996) 1200 Peachtree Street, NE Rm 12126 Atlanta, GA 30349 American Telephone and
Telegraph (ATT)
J. Tom Morgan (57) 556 N. McDonough Dekalb County Courthouse,7th Fl Decatur, GA 30030 Children's Trust Fund Commission
William F. Morie (289) 4000 Cumberland Parkway 900 A Atlanta, GA 30339 Georgia Automobile
Dealers Association
James F. Morris (783) 1738 County Farm Road Marietta, FA 30060 Juvenile Court of Cobb County Georgia Council of
Juvenile Court Judges
Steven Morton (747) P.O. Box 10072 Carrollton, GA 30118 Student Government Association
of West Georgia College
Arthur Guy Mosier (1029) 4948 Bridgeport Way Norcross, GA 30092 The Du Pont Merck
Pharmaceutical Company
A. J. Mote (59) P.O. Box 91169 East Point, GA 30364 Georgia State Lodge, Fraternal
Order of Police
Sandra L. Mowery (677) 1030 Knotts Pointe Drive Woodstock, GA 30188 Family Concerns, Inc.
Clint Moye (1228) Room 104 Trinity-Washington Building Atlanta, GA 30334 Georgia Department of Revenue
Francis J. Mulcahy (479) 5780 Powers Ferry Road, NW Atlanta, GA 30327-4390 Life Insurance Company
of Georgia Southland Life Insurance Company Associated Doctors Health &
Life Insurance Company Georgia U.S. Corporation

Irene Munn (741) 2060 East Exchange Place Suite 110 Tucker, GA 30084 Georgia Sheriffs Association
Gil Muratori (98) 12203 S.W. 107 Court Miami, FL 33176 Hoescht- Roussel
Pharmaceuticals Inc. Hoescht Celanese Corporation
Bonnie Murdock (749) Rt 2 Box 788 Forsyth, GA 31029 Georgia Dental
Hygienists' Association
Terry Murphy (687) 5507 Abercorn Savannah, GA 31405 Autosence of Georgia Albany Driver Improvement Clinic Worth County Risk
Reduction Program Abercorn DUI/DDC
Charles Musselwhite (227) P.O. Box 909 Dahlonega, GA 30533 Georgia Association of
Educational Leaders
Tom Myers (408) 2906 Hermosa Drive Decatur, GA 30034
M. Harris Mynatt (158) 4735 Boxwood Lane Acworth, GA 30101 Professional Association
of Georgia Educators
James L. Mynes (160) 2218 6th Ave. S.E. P. O. Box 1513 (Mail) Decatur, AL 35602 ITT Consumer Financial
Corporation
James W. McAllister (271) 303 Waverly Way LaGrange, GA 30240 City School Systems of Georgia

FRIDAY, JANUARY 17, 1992

173

William R. McBroom (269) 190 Grandchester Way Fayetteville, GA 30214-2637 McBroom and Associates
Moses N. McCall III (827) 5150 Lake Greystone Road Lithia Springs, GA 30057-1013 McCall and Associates
Stanley H. McCalla (367) 56 Perimeter Center East, NE Fifth Floor Atlanta, GA 30346 Mortgage Bankers
Association of Georgia
Ellen A. McCarthy (651) 20 Bent Arrow Drive Stockbridge, GA 30281
Jerry L. McCollum (739) 1930 Iris Drive Conyers, GA 30207 Georgia Wildlife Federation
Daniel McConnell (164) 3120 Breckinridge Blvd. Duluth, GA 30199-0001 Primerica Financial Services First American National Securities Massachusetts Indemnity &
Life Insurance Company Primerica Financial Services
Home Mortgage Inc.
Gary W. McConnell (532) P.O. Box 18055 Atlanta, GA 30316-0055 Georgia Emergency
Management Agency
Tania McCuean (730) 1401 Peachtree Street, NE Suite 136 Atlanta, GA 30309 The Nature Conservancy
Charles W. McGrady (353) 2646 Hawthorne PI Atlanta, GA 30345 Sierra Club, Georgia Chapter
Michael Mclntosh (839) 104 Hillridge Drive Warner Robbins, GA 31088

E. Larry Mclntyre (1144) 1471 Gresham Road Marietta, GA 30062 Cumberland Wrecker Service, Inc. Towing and Recovery Association
of Georgia Towing and Recovery Association
of America
Dan McMahon (755) P.O. Box 81474 Atlanta, GA 30366-9826 Georgia Right To
Life Comm., Inc.
Larry S. McReynolds (721) 3399 Peachtree Road, NE Suite 950 Atlanta, GA 30329 Construction Suppliers
Association, Inc. Consulting Engineers Council
of Georgia, Inc. National Electrical
Contractors Association Georgia Utility Contractors
Association, Inc. Masonry Contracts Association
of Georgia, Inc. Conditioned Air Associates
of Georgia, Inc.
Elaine Nachman (612) Emory University P.O. Drawer KK Atlanta, GA 30322 The Robert W. Woodruff Health
Sciences Center of Emory Univ.
Judy Neal, Exe. Director (60) P.O. Box Q Tifton, GA 31793 Georgia Agrirama
Development Authority
Helga Nehl (1038) P.O. Box 129 Kingston, GA 30145 Informed Health Care
Association of Ga., Inc.
Teresa Nelson (1018) 233 Mitchell Street S.W. #200 Atlanta, GA 30303 American Civil Liberties
Union of Georgia
Hans Neuhauser (267) 781 Marietta Street Atlanta, GA 30318 The Georgia Conservancy

174

JOURNAL OF THE HOUSE,

James R. Newman (202) 125 Perimeter Center West Room 346 Atlanta, GA 30346 Southern Bell
Glenn Newsome (382) 2066 Twin Towers East Department of Education Atlanta, GA 30334 Georgia Department of Education
David Newton (299) 19 Martin Luther King Jr. Drive Atlanta, GA 30334 Georgia Department
of Agriculture
George J. Nichols (928) P.O. Box 2406 Savannah, GA 31402 Georgia Ports Authority,
Savannah, Georgia
J. David Nickles (1153) 4360 N.E. Expressway Doraville, GA 30340 Pfizer, Inc.
John Warren Nutt (679) 1260 E. Rock Springs Rd., NE Atlanta, GA 30306 Family Concerns, Inc.
John O'Callaghan (1111) 68 Mitchell Street, S.W. Atlanta, GA 30335 City of Atlanta
Patricia Ohrenschall (985) 363 Kenilworth Circle Stone Mountain, GA 30083 Ga. Right To Life Citizens Lobby Family Concerns
Wayne W. Oliver (983) Post Office Box 95527 20 Lenox Pointe Atlanta, GA 30324 Georgia Pharmaceutical
Association
Dianne Olson (1193) 3183 Shallowford Road Chamblee, GA 30341 Ga. Assoc. of Plumbing-Heating
Cooling Contractors, Inc.

Vita R. Ostrander (280) 1839 Mt. Royal Drive, N.E. Atlanta, GA 30329 Georgia Council on Aging COAGE (Coalition of Advocates
for Georgia's Elders)
Richard E. Ottinger (496) 1540 Stewart Avenue, SW Atlanta, GA 30310 Georgia Public
Telecommunications Commission
Travis J. Ouzts (813) 805 N. Letitia Avenue Douglas, GA 31533 Professional Association
of Georgia Educators
Jim Overstreet (398) 225 Peachtree Street Atlanta, GA 30303 Georgia Petroleum Council
Metropolitan MARTA Phillip Morris
Alien E. Owen (978) 1200 Brookstone Centre Columbus, GA 31908 Mead Corporation
Andy Owen (1174) 1900 Peachtree Center Tower Atlanta, GA 30303 American Insurance Association
James W. Oxendine (830) One CNN Center Suite 1000 - South Tower Atlanta, GA 30303-2788
William Padgett (868) P.O. Box 4418 Atlanta, GA 30302 Suntrust Banks, Inc. Trust Company of Georgia Trust Company Bank
Frances B. Parham (955) 100 Edgewood Avenue #1010 Atlanta, GA 30303 League of Women Voters
of Georgia
Nancy Paris (793) 1100 Johnson Ferry Rd, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health Services of
the South

FRIDAY, JANUARY 17, 1992

175

Gary Parker (858) 315 W. Ponce De Leon Avenue Suite 808 Decatur, GA 30030 Parker & Holmes, Inc.
Joseph Parker (539) 1675 Terrell Mill Road Marietta, GA 30067 Georgia Hospital Association
Ron Parker (1068) 2210 Sullivan Rd. Bldg. # 5 - # 5 College Park, GA 30337 Chemoco Oil & Chemical
Charles D. Parkinson (63) P.O. Box 2406 Savannah, GA 31402 Georgia Ports Authority,
Savannah, Georgia
Steven Parks (883) 2 Capitol Square Atlanta, GA 30334-1002 Dept. of Transportation
Thomas E. Farmer (473) 999 Peachtree St., NE Suite 1400 Atlanta, GA 30309-3999 Municipal Electric
Authority of Georgia Municipal Gas Authority
of Georgia
Joseph R. Parrott (990) 750 Hammond Drive Bldg. #9 Atlanta, GA 30328 ITT Rayonier
Joseph R. Parrott, Jr. (992) 750 Hammond Drive. Building # 9 Atlanta, GA 30328 ITT Rayonier
Josephine Patti (794) 1100 Johnson Ferry Rd, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health Services
of the South
Gregory B. Paxton (1141) 1516 Peachtree Street, NW Atlanta, GA 30309 Georgia Trust for
Historic Preservation, Inc.

Larry Pellegrini (999) 1041 Canal Street Decatur, GA 30032 American Civil Liberties
Union (G/L Chapter)
Martha H. Pennington (800) 3700 B Market Street P.O. Box 636 Clarkston, GA 30021 Professional Association
of Georgia Educators
Molly J. M. Perry (907) 244 Washington Street, S.W. Suite 550 Atlanta, GA 30033 Judicial Council of Ga / Admn.
Office of the Courts
Grady Perry, Jr. (402) 41 Marietta Street, N.W. Atlanta, GA 30303
Martin C. Petersen (175) Post Office Box 878 St. Marys, GA 31558 Gilman Paper Company
St. Marys Ga.
Lt. D.W. Phillips (440) 746 West Bankhead Hwy. Villa Rica, GA 30180 Department of Public Safety
Martha S. Phillips (291) 2951 Flowers Road, South Suite 112 Atlanta, GA 30341 Georgia Dental Association
Susan S. Phillips (609) Two Northside 75 Suite 240 Atlanta, GA 30318 Children's Trust Fund Commission
Ronald A. Pierce (562) 230 Callan Drive Rossville, GA 30741 Conoco Inc.
Linda M. Pinson (195) 1549 Virginia Avenue Suite 4 College Park, GA 30337 Georgia Association of Risk
Reduction and Defensive Driving Ed.

176

JOURNAL OF THE HOUSE,

Kay H. Pippin (774) 3951 Snapfinger Parkway Decatur, GA 30035 Georgia Association of Educators
Amos A. Plante (455) P.O. Box 60626 New Orleans, LA 70160-0626 Exxon Corporation
Thomas A. Player (335) 285 Peachtree Center Ave Marquis II Suite 2600 Atlanta, GA 30303-2170 Aetna Life & Casualty Company
Angela Plese (519) 1026 Riva Ridge Drive Norcross, GA 30093 Georgia Right To Life
Karen Poe (655) P.O. Box 550168 Atlanta, GA 30355 Family Concerns Inc.
John R. Poole (731) 233 Peachtree St. Suite 200 Atlanta, GA 30303-2705 Georgia Coalition for
Workers Comp. Reform Georgia Liability Crisis
Coalition Georgia Self
Insurers Association Business Council of Georgia
John P. Pope (1239) P.O. Drawer 1734 Atlanta, GA 30301 The Coca-Cola Company
Judge Marion T. Pope, Jr. (1137) Room 412 - State Judicial Bldg. Atlanta, GA 30334 Court of Appeals
Robert Shig Porter (1158) P.O. Box 9787 5353 Reynolds Street Savannah, GA 31412 Candler Health Services, Inc. Candler General Hospital
Robert R. Potter (257) 1355 Peachtree Street, NE Suite 300 Atlanta, GA 30309-3238 State Farm Companies

William C. Prather (421) P.O. Box 7008 Macon, GA 31298 Georgia Farm Bureau Mutual
Insurance Company
Stephen Preas, MD (452) 960 Johnson Ferry Road, NE #400 Atlanta, GA 30342 Georgia Psyciatric
Physicians Association
Frank M. Pressly (723) 1550 Southland Cir. Atlanta, GA 30318 Fulton PTA (Highpoint Elementary)
Garnett B. Prince (235) 735 Pine Needle Road Hampton, GA 30228-1545 The Warner-Lambert Company
Lt. John C. Prince (1147) 175 Decatur Street, S.E. Atlanta, GA 30335 Atlanta Police Department
Floyd E. Propst (1088) 136 Pryor Street, SW Atlanta, GA 30303 Georgia Probate Judges Council Fulton County Probate Court
Stephen W. Pudelski (659) 2163 Panstone Drive Marietta, GA 30060-4839 Family Concerns Inc.
Debbie Pulley (761) 5257 Rosetone Drive Lilburn, GA 30247 Georgia Midwifery Association
Buddy Pulliam (598) 2 MLK, Jr. Dr., 704 W. Tower Atlanta, GA 30334 Office of Commissioner
of Insurance
James H. Purcell (780) P.O. Box 566893 Atlanta, GA 30356 Purcell & Associates Georgia Coalition for
Workers Compensation Reform

FRIDAY, JANUARY 17, 1992

177

Christopher Puri (989) 20 Lennox Pointe Atlanta, GA 30324 Ga. Pharmaceutical Association
Jeffery Rabon (956) 1600 Rhode Island Ave., N.W. Washington, DC 20036-3268 National Rifle Association
of America
Tommie W. Race (577) 617 Dellwood Avenue St. Simons Island, GA 31522 AARP - American Association
of Retired Persons
Warren A. Ragsdale (201) 125 Perimeter Center West Suite 346 Atlanta, GA 30346 Southern Bell
Howard H. Rainey (626) 913 Third Avenue East Cordele, GA 31015
Becky Rast (404) P. 0. Box 81474 Atlanta, GA 30366
Marion L. Ray (196) 2540 Lakewood Avenue, S.W. Atlanta, GA 30315 Teamsters Local 728
Neal H. Ray (373) 1940 Equitable Building 100 Peachtree Street Atlanta, GA 30303 Heyman and Sizemore
Richard Ray (103) 501 Pulliam Street. S.W. Suite 549 Atlanta, GA 30312 Georgia State AFL-CIO
Robert Ray, Jr. (433) 1620 Bass Road Macon, GA 31298 Georgia Farm Bureau Federation
Richard E. Raymer (738) 56 Perimeter Center East Fifth Floor Atlanta, GA 30346

Richard D. Reaves (1045) ICJE, UGA Law School Bldg. Room 103 Athens, GA 30605 Institute of Continuing
Judicial Education Magistrate Courts Training Council Municipal Courts Training Council Superior Court Clerks
Training Council Executive Probate Judges Council
Gary B. Redding (395) 2 Martin Luther King Jr. Drive Suite 1220 West Tower Atlanta, GA 30334-1202 Georgia Department of
Medical Assistance
Wayne Reece (743) 2 Peachtree Street Suite 1800 Atlanta, GA 30383 Reece & Associates
Barry W. Reid (205) #2 MLK, East Tower Suite 356 Atlanta, GA 30334 Governor's Office of
Consumer Affairs
Gladys Reid (220) 114 Baker Street NE Atlanta, GA 30308 Georgia Congress of
Parents and Teachers
Lisa Reid (1075) Suite 458 2 MLK Jr. Drive Atlanta, GA 30334 State Board of Pardons
and Paroles
Ronald H. Rentz (781) P.O. Box 266 Colquitt, GA 31737 Council of Juvenile Court
Judges of Georgia
Ellen A. Rhoades (259) 2045 Peachtree Road Suite 810, GA 30309 Auditory Education Center, Inc.
Jan Rice (673) 8675 Lake Forest Drive Jonesboro, GA 30236 Family Concerns, Inc.
Majorie Richards (709) 1014 Beech Street Marietta, GA 30062 Cobb County School Bus
Drivers Association

178

JOURNAL OF THE HOUSE,

Eleanor L. Richardson (118) 755 Park Lane Decatur, GA 30033 Continum Healthy Mothers,
Healthy Babies Mental Health Association of
Metropolitian Atlanta Mental Health Association
of Georgia
Lee Richardson (848) P.O. Box 2356 Smyrna, GA 30081 Motorcyle Riders Foundation Georgia Motorcycle
Safety Program Georgia Motorcycle
Dealers Association Georgia Motorcyclists Political
Action Committee American Bikers Active Towards
Education of Ga., Inc.
Robert G. Rickles (476) 3350 Peachtree Road, NE Atlanta, GA 30326 Blue Cross and Blue
Shield of Georgia
L.B. Ridley, Jr. (68) 351 Thornton Road Suite 119 Lithia Springs, GA 30057 Georgia Peace Officer
Standards & Training Council
Dotty W. Roach (510) 4 Executive Park Drive, NE Suite 2100 Atlanta, GA 30329 State Health Planning Agency
Judge B. Robert Struble (1140) P.O. Box 758 Toccoa, GA 30577 Institute for Continuing
Judicial Education
Charlie L. Roberts (807) 3118 Bellance Street Columbus, GA 31909 Professional Association of
Georgia Educators
Richard L. Roberts (1151) 436 Alcott Drive Smyrna, GA 30082 International Assn. of Machinists
& Aerospace Workers, Local 709
William Lee Roberts (627) 1627 Peachtree Street, N.E. Suite 333 Atlanta, GA 30309

Robert Robertson (413) 2906 Hermosa Drive Decatur, GA 30034 Professional Firefighters
of Georgia
Lithangia S. Robinson (561) 2880 Valley Heart Drive, NW Atlanta, GA 30318 Georgia Association of
Educators - Retired Council of Elder Abuse
and Neglect
Sylvia B. Rodgers (101) 151 Spring Street NW Atlanta, GA 30303-2097 Clients of the Atlanta
Legal Aid Society, Inc. & Ga. Legal Srvcs. Clients of the Georgia Legal Services Program
Dianne Rogers (1017) 1436 Westboro Dr., S.W. Atlanta, GA 30310 Transportation Communications
Int'l Union
Joseph J. Rogers (575) P.O. Box 1496 Augusta, GA 30903 Procter & Gamble
Manufacturing Company
Charles W. Rooney (1180) 1955 Monroe Drive Atlanta, GA, 34 30324 National Society of
Fund Raising Executives
Shelley A Rose (874) P.O. Box 7021 Atlanta, GA 30357 Georgia Citizens for the
Arts, Inc
John D. Rosenberg (729) 2289 Street Deville Atlanta, GA 30345 Oak Grove AARP Georgia Silver Haired Legislative
Ben Barren Ross (171) Courthouse P.O. Box 245 Lincolnton, GA 30817 Board of Commissioners of
Lincoln County, Ga. Georgia School Plant
Maintenance Assoc Inc

FRIDAY, JANUARY 17, 1992

179

George H. Ross (491) 4678 Jefferson Township Ln. Marietta, GA 30066 Marion Merrell Dow, Inc.
Dexter Rowland (607) 333 Piedmont Avenue P.O. Box 4545 Atlanta, GA 30308 Georgia Power Company
Kenneth W. Russell (809) 335 Warrior Path Calhoun, GA 30701 Professional Assoication
of Georgia Educators
Robert M. Russell (522) 8613 Roswell Road, N.E. Atlanta, GA 30350 Georgia Pest Control Association
Fred Sackett (255) Rt. 1, Box 243A Butler, GA 31006 Citizens for A Safer Georgia
Susan Saleska (483) 2199 Bull Run Court Marietta, GA 30062 Association of Professional
Social Workers Georgia Tire Dealers &
Retreaders Association Georgia Trial Lawyers Association Georgia Coalition Persons With
Developmental Disabilities Police Benevolent Association
Beth Sanders (742) 2100 East Exchange Place P.O. Box 1349 Tucker, GA 30085-1349 Oglethorpe Power Corporation

Mark W. Sanders (1134) 1360 South CNN Center Ginn,edington, Moore & Wade Atlanta, GA 30303 Atlanta Regional Commission Equifax, Inc. Firearms Training Systems, Inc. Gulfstream Aerospace
Corporation Health Images, Inc. Lockheed Corp. Oglethorpe Power Corp. Phillips Petroleum Co. Regan Holding Corp. Turner Broadcasting
System, Inc. Watkins Associated
Industries, Inc. Ginn, Edington, Wade
& Sanders, Inc.
William G. Sanders (493) 8010 Roswell Road Suite 260 Atlanta, GA 30350 Georgia Association of
Broadcasters, Inc.
Michelle R. Sands (1220) P.O. Box 1200 Columbus, GA 31902-1200 Columbus Chamber of Commerce
Ralph Sanford (523) 969 Old Cedartown Rockmart, GA 30153 Georgia Pest
Control Association
Michael Sard (744) 2 Peachtree Street Suite 1800 Atlanta, GA 30383 Reece & Associates
Julie Ferguson Sawyer (826) 33 Walker Terrace Atlanta, GA 30309 Georgia Citizens for the Arts

Norval Saxton, MD (795) 1100 Johnson Ferry Road, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health
Services of the South

180

JOURNAL OF THE HOUSE,

Mary Ann Schaapman (1077) Suite 458 2 MLK Jr. Drive Atlanta, GA 30334 State Board of
Pardons and Paroles
Nancy Schaefer (242) P.O. Box 550168 Atlanta, GA 30355 Family Concerns Inc. Citizens for
Public Awareness Inc.
William Schedel, Jr. (537) 539 S. Main Street Findlay, OH 45840 Marathon/Speedway
Sandra Schele (1030) 938 Peachtree Street, NE Atlanta, GA 30309 Medical Association of Georgia
F. Wade Scholes (857) 742 Kennesaw Due West Road Kennesaw, GA 30144 Phillip Morris, USA
J. Barry Schrenk (134) 3566 Lawrenceville Highway Tucker, GA 30084 Ga. Association of
Risk Reduction & Defensive Driving Educators Taggart's Driving School Taggart's DUI, Substance Abuse & Driver Improvement Clinic Sears Driving School
Nancy Schulz (1225) 3872 Windrose Lane Marietta, GA 30062 Georgia Nurses Association
Dianne H. Scoggins (1167) # 6 Vista Drive Ellijay, GA 30540 Ga. Assoc. of
Assessing Officials
Robert L. Scott (506) 115 Perimeter Center Place Suite 415 Atlanta, GA 30346 Lederle Laboratories Division,
American Cyanamid Co.
Charles M. Searcy (221) 41 Marietta Street, Suite 714 Atlanta, GA 30303 Georgia Trial Lawyers Association

David Sebastian (411) 2906 Hermosa Drive Decatur, GA 30034 Professional Firefighters
of Georgia
Conrad J. Sechler (123) P.O. Box 87 Tucker, GA 30085-0087 Empire Mortgage & Investment Co. Georgia Financial
Services Association Eagle Bancshares, Inc. Central Underwriters, Inc.
Frances Y. Seckinger (1227) P.O. Box 387 Springfield, GA 31329 Council Probate Judges Effingham County
Marilyn M. Self (602) 1955 Monroe Drive, NE Atlanta, GA 30324 American Red Cross-Metropolitan
Atlanta Chapter
Lesley Sevdy (1242) 104 Adell Court Peachtree City, GA 30269 Ga. Right To Life Concerned Woman of America Family Concerns America Family Association
Russell N. Sewell (1048) 1500 Marquis Two Tower 285 Peachtree Center Ave Atlanta, GA 30303 Georgia Bankers Ass. Ashland Oil GTech MCI
Gayle Sexton (690) 3735 Memorial Drive Atlanta, GA 30032 Georgia Nursing Home Association
Kyle Warner Shadix (645) 310 Keene Road Bremen, GA 30110-1529 Citizens for A Better
Educated Georgia
Paul L. Shanor (427) 938 Peachtree Street NE Atlanta, GA 30309 Medical Association of Georgia

FRIDAY, JANUARY 17, 1992

181

Joyce Sharpe (181) P.O. Box 158 Reidsville, GA 30453 Ga. School Bus Drivers
Association, Inc.
Mary Shatley (701) 1014 Beech Street Marietta, GA 30062 Cobb County School Bus
Drivers Association
Joe Sheehan (859) 1640 Powers Ferry Rd. Marietta, GA 30067 Sonat Gats Canton Industries Georgia Telemessaging
Association
Michele A. Shelton (349) 5901-B Peach tree Dunwoody Suite 475 Atlanta, GA 30328-5341 American Federation of Teachers Georgia Federation of Teachers AFL-CIO
Nancy Hall Shelton (384) 2066 Twin Towers East Dept. of Education Atlanta, GA 30334 Georgia State
Department of Education
Mike Sherberger (533) P.O. Box 18055 Atlanta, GA 30316-0055 Georgia Emergency
Management Agency
Bob Short (969) 1456 Stratfield Circle Atlanta, GA 30309 Bob Short and Associates
Franklin Shumake (801) 3700 B Market Street P.O. Box 636 Clarkston, GA 30021 Professional Association
of Georgia Educators
Priscilla Sibley (1201) 1499 East Bank Drive Marietta, GA 30068 Ga. Right To Life Concerned Women of America

John P. Silk (293) 1900 Century Boulevard Suite 8 Atlanta, GA 30345 Georgia Telephone Association
Deborah K. Simonds (303) 3951 Snapfinger Parkway Decatur, GA 30035 Georgia Association
of Educators (GAE)
Bill Simpson (185) P.O. Box 158 Reidsville, GA 30453 Ga. School Bus
Drivers Association, Inc.
Lee R. Sims (169) P.O. Box 130 Ringgold, GA 30736 Catoosa County Public Schools
Mary N. Skillman (304) 204 McClendon Ave. N.E. Atlanta, GA 30307 AARP ( American Assn.
of Retired Persons )
Chalres L. Skinner (1189) 500 Piedmont Avenue, NE Atlanta, GA 30308 Georgia Motor
Trucking Association
David Skinner (124) 2082 East Exchange Place Suite 102 Tucker, GA 30084 Georgia Development Authority
Betty Sleathers (245) P.O. Box 33129 Decatur, GA 30033 National Association
of State Farm Agents
Bettie Sleeth (599) 2 MLK Jr. Drive 620 West Tower Atlanta, GA 30334 Office of Commissioner
of Insurance
Lucy C. Smethurst (385) 1144 Evergreen Drive, NE Atlanta, GA 30319 The Georgia Conservancy, Inc
C. Robert Smith (728) 6754 Broad Street Douglasville, GA 30134 Georgia Association of
Assessing Officials

182

JOURNAL OF THE HOUSE,

D. Lynn Smith (1202) 150 Nectarine Drive Newnan, FL 30265 Ga. Right To Life
Helen P. Smith (234) P.O. Box 2309 Savannah, GA 31402 Georgians for Victim Justice, Inc.
J. R. Smith (1123) 500 Piedmont Ave. N.E. Atlanta, GA Georgia Motors
Truckers Association
Kathy Smith (1224) 205 Inland Ridge Way Atlanta, GA 30342 Sierra Club - Georgia Chapter
Kyle Smith (165) P.O. Box 130 Ringgold, GA 30736 Catoosa County Public Schools
Lana L. Smith (638) 104 Echo Lane Warner Robins, GA 31088 Professional Association
of Georgia Educators
Marjorie Smith (69) 2 Martin Luther King, Jr. Drive 1216 W. Tower Atlanta, GA 30334 Department of Medical Assistance
Patricia M. Smith (504) 1851 Ram Runway # 104 College Park, GA 30337 Association for Retarded
Citizens of Georgia
Virgil T. Smith (771) Post Office Box 1471 Dalton, GA 30722-1471 Life College Georgia Council of Chiropratic Virgil T. Smith Associates
Lou Souders (1113) 3494 Turtle Cove Court Marietta, GA 30067 Moral Concerns
Dorothy P. Spence (1160) Colony Square Mall 1197 Peachtree Street Atlanta, GA 30361 American Institute of Architects

Lorine Spencer (796) 1100 Johnson Ferry Rd, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health Services
of the South
C. Jerry Spicer (149) P.O. Box 778 Stone Mountain, GA 30086 Stone Mountain
Memorial Association
Joseph A. Sports (817) JSA, Inc. & Multistate Assoc. 21 Finch Trail Atlanta, GA 30308 Multistate Associates
(Monitor Only) The NutraSweet Company Georgia Irrigation Association Monsanto Company Joe Sports and Associates, Inc. Pearle Vision, Inc. Joseph E. Seagram & Sons, Inc. Smokeless Tobacco Council Car/Truck Renting &
Leasing Association Control Data Corporation Georgia OB/GYN Society Western Surety Company Superior Court Clerks Association BBS/Employee Benefit Services EDS/Electronic Data Systems EES/Electronic Election Systems Interactive Learning Systems
(Monitor Only) TRW, Inc. (Monitor Only) United Consumers Club
(Monitor Only)
Connell Stafford (177) P.O. Drawer 1734 Atlanta, GA 30301 Coca-Cola Company, The
Barbara B. Stalzer (1020) 50 Hurt Plaza - The Hurt Bldg. Suite 995 Atlanta, GA 30303 Friends of Resolve Ga. Council on Child Abuse Womens Policy Group Ga. Child Care
Advocacy Coalition Georgians for Children Planned Parenthood
of Atlanta Area Ga. Psychiatric
Physicians Association School Social Workers of Ga.

FRIDAY, JANUARY 17, 1992

183

Randy Stamps (282) 11350 Johns Creek Parkway Duluth, GA 30198 State Farm Insurance Companies
James L. Stanley (993) 2840 Mount Wilkinson Parkway Atlanta, GA 30339 Mid-South Surface and
Air Transportation Association
Mather Stapleton (1026) P. 0. Box 831623 Stone Mountain, GA 30083 United Transportation Union
Mary Louise Stark (823) P.O. Box 8 Lawrenceville, GA 30246 Ga. Citizens for the Arts
Mel Steely (1118) 60 South Greenwood Dr. Carrollton, GA 30117 American Association
of University Professors
Marie S. Steinmeyer (944) 3985 Lynfield Court College Park, GA 30349-1425 Older Women League Cancer Victors Inc. Georgia Women's Coalition
for Medical Freedom, Inc. Informed Health Care
Association of Georgia, Inc.
Linda C. Stephens (456) 5645 Dupree Drive Atlanta, GA 30327 Georgia Occupational
Therapy Association
Jack L. Stephens, Jr. (550) 2424 Piedmont Road, NE Atlanta, GA 30324-3330 Metropolitan Atlanta
Rapid Transit Authority
Joyce Carter Stevens (229) 8607 Roberts Drive Suite 100 Atlanta, GA 30350 Browning-Ferris Industries, Inc.
Elizabeth Stewart (536) P.O. Box 1628 Savannah, GA 31402 Savannah Area Chamber of Commerce
Peggy S. Stewart (802) 1308 Highland Avenue Dublin, GA 31021 Professional Association
of Georgia Educators

Tom P. Stewart (803) 1308 Highland Avenue Dublin, GA 31021 Professional Association
of Georgia Educators
Charles E. Storm (130) Commissioner 200 Piedmont Ave., Ste. 504W Atlanta, GA 30334 State Merit System of
Personnel Administration State Personnel Board
Maryiane Stout (871) 225 Peachtree Street, NE S-2300 Atlanta, GA 30303 Georgia Petroleum Council MARTA Philip Morris
Maria R. Strollo (621) 3500 Cumberland Circle Suite 1850 Atlanta, GA 30339
James W. Strong (292) 3607 Roxboro Road, N.E. Atlanta, GA 30326 Fulton County Grand
Jurors Association
Sherry Sutton (997) 1132 West Peachtree Street Atlanta, GA 30309 AID Atlanta
Pat Swan (1032) 583 Villa Drive Lilburn, GA 30247 Continuum Georgia Federation Georgia Nurses Association
David Swarm (637) P.O. Box 7313 Atlanta, GA 30357 Cygnet Group
Roman Tarver, III (856) 4936 Campbellton Rd. Atlanta, GA 30331 Mental Health Association of Ga. Mental Retardation
Associations of Ga. Substance Abuse Programs of Ga. Alpha Trends, Inc. Teachers Insurance and Annuity
Association College Ret. Fund

184

JOURNAL OF THE HOUSE,

Ginger Taylor (190) 285 Peachtree Center Avenue Suite 1100 Atlanta, GA 30303 Trade and Tourism Georgia
Department of Industry
Jim Taylor (984) 6740 Shannon Parkway Atlanta, GA 30391 National Association of
Independent Insurers
Donald E. Tefft (137) 2889 Elmwood Drive Smyrna, GA 30080 First Insurance Network, Inc. Peachtree Casualty
Insurance Company
Franklin W. Thomas (71) Deputy Commissioner 200 Piedmont Ave., Ste 504W Atlanta, GA 30334 State Merit System of
Personnel Administration State Personnel Board
Jane Thomas (811) P.O. Box 636 Clarkston, GA 30021-0636 Professional Association
of Georgia Educators
John H. Thomas (821) Building 2400 3000 Langford Road Norcross, GA 30071 Golden Rule Insurance Co. Georgia Property and
Casualty Insurance Wholesalers Georgia Association of
Motor Clubs Pawn Brokers Association
of Georgia Georgia Tobacco Business Network Georgia Burglar and Fire
Alarm Association, Inc.
Robert J. Thomas (113) 1783 Washington Road Suite 201 East Point, GA 30344 Roofing & Sheet Metal Contractors
Association of Ga., Inc. American Subcontractors Association,
Georgia Chapter, Inc. Association of the Wall &
Ceiling Industries of Georgia Master Roofing Contractors
Association of Atlanta, Inc.

Harold G. Thompson (72) 1000 Indian Springs Drive Forsyth, GA 31029 Georgia Fire Academy
Herbert G. Bill Thompson (937) 1597 Phoenix Blvd. Suite 12 Atlanta, GA 30349-3506 Police Benevolent Association
of Georgia, Inc.
Kirby A. Thompson (1241) P.O. Box 4899 Atlanta, GA 30302-4899 Nations Bank, Georgia
Jere T. Thorne (567) 151 Ellis Street Suite 422 - Georgia EMC Atlanta, GA 30303 Georgia Electric Membership Corp.
Mo Thrash (334) 56 Perimeter Center East Fifth Floor Atlanta, GA 30346 West Georgia College Atlanta City Council Mortgage Bankers
Association of Georgia Georgia Community
Action Association
David Tidmore (860) P.O. Box 732 Summerville, GA 30747 Ga. County Welfare Assn. Cloudland Software Tidmore Computer Company
Rosa Tilton (670) 9034 Mandarin Drive Jonesboro, GA 30236 Family Concerns, Inc. Georgia Homeschoolers
Toni Tirado (680) P.O. Box 5365 Atlanta, GA 30307 Atlanta Pro-Choice
Action Committee Georgians for Choice N.O.W.- National
Organization for Women
David R. Titus (806) 933 Broad Street Augusta, GA 30901 Professional Association
of Georgia Educators

FRIDAY, JANUARY 17, 1992

185

Russell B. Toal (352) 2 Martin Luther King, Jr. Drive Suite 1220 West Atlanta, GA 30334 Georgia Department of
Medical Assistance
Frances D. Todd (751) 119 E. Court Square Suite 205 Decatur, GA 30030 Georgia School Aged
Childcare Council, Inc.
Marvin Toliver (1089) 68 Mitchell Street Suite 3350 Atlanta, GA 30303 City of Atlanta
Jet Toney (1135) P.O. Box 1488 Decatur, GA 30031 Association of Private Colleges
and Universities In Ga. Conoco / Dupont Ga. Dental Hygenists Assoc. Ga. Society of
Anesthesiologists John Marshall Law School Hill and Knowlton
Public Relations Firm Ga. Press Association Corner Stone Public
Affairs, Inc.
Edwin B. Topmiller, Sr. (896) P.O. Box 190445 Atlanta, GA 31119 Georgia Gunowners' Coalition, Inc.
Duane Toso (676) 822 Walden Drive Austell, GA 30001-1874 Family Concerns, Inc.
Dorothy J. Tracy (380) 3037 Slaton Drive Atlanta, GA 30305 American Association of Retired
Persons - Capitol City Task Force American Association of University Women
William A. Travis (325) 7003 Laurel Turn Big Canoe, GA 30143 Johnson & Johnson

Jim Tudor (248) P. O. Box 739 Tucker, GA 30085-0739 Georgia Association
of Convenience Stores
Carol T. Tully (966) 101 Tucker Hall School of Social Work - UGA Athens, GA 30602 National Association
of Social Work
David Turner (844) 505Pinnacle Court Norcross, GA 30071-3634 Georgia Forestry
Association, Inc.
Leslie H. Turner (1156) 3 Ravinia Drive Atlanta, GA 30346 Philip Morris U.S.A.
Ralph S. Turner (264) 2773 N. Decatur Road Decatur, GA 30033 DeKalb Grand Jurors Assn.
Verdaillia Turner (554) 374 Maynard Terrace Suite 202 Atlanta, GA 30316 Atlanta Federation of
Teachers Local 1565
Michael W. Tyler (658) 245 Beverly Road Atlanta, GA 30309 Family Concerns Inc.
Norman L. Underwood (773) 1400 Candler Bldg. 127 Peachtree Street Atlanta, GA 30343 Turner Broadcasting System Ticketmaster
Ronald F. Updyke (115) 5730 Glenridge Drive Suite 205 Atlanta, GA 30328 General Motors Corporation
Nancie Vann (682) 3524 Windridge Drive Marietta, GA 30066 Family Concerns, Inc.
E.J. Vann, IV (73) P.O. Box 449 Camilla, GA 31730 Georgia Ports Authority,
Savannah, Georgia

186

JOURNAL OF THE HOUSE,

Mike Vaquer (1172) P.O. Box 828 Rincon, GA 31326 Fort Howard Corporation
Arthur A. Vaughn (882) No. 2 Capitol Square Atlanta, GA 30334-1002 Dept. of Transportation
J. B. Vaughn (849) P.O. Box 534 McRae, GA 31055 V.T.V.
Wiley D. Vaughn (1023) Rt 2 Box 990 Fitzgerald, GA 31750 United Transportation Union
Monty Veazey (386) Post Office Box 1572 Tifton, GA 31793 Georgia High Tech Alliance South Wire Company Georgia Alliance Not
for Profit Hospitals Chambers of Georgia 3M Company
Bill Verner (570) 151 Ellis Street Suite 422 Atlanta, GA 30303 Georgia Electric
Membership Corporation
Claude L. Vickers (74) 200 Piedmont Avenue 1516 W. Tower Atlanta, GA 30334 Superior Court Judges'
Retirement System District Attorneys'
Retirement System State Depository Board Georgia State
Idemnification Commission
Keith Vickers (628) 1165 Northchase Pkwy Suite 460 Marietta, GA 30067
Edward R. Vickery (870) P.O. Box 130 Ringgold, GA 30736 Catoosa County Public Schools

C. Joshua Villines (1005) 41 Marietta Street Suite 714 Atlanta, GA 30303 Ga. Trial Lawyers
Association, Inc.
Aubrey T. Villines, Jr. (1001) 3399 Peachtree Road, N.E. Suite 950 Atlanta, GA 30326 Ga. Chiropratic
Association, Inc. Ga. Trial Lawyers
Association, Inc. Crown Central
Petroleum Corporation Crown Stations, Inc. Fast Fare, Inc. Ga. Mental Health
Counselors Assc. Ga. Association for
Marriage and Family Therapy Private Rehab. Suppliers of Ga. Abbott Laboratories Chiropratic Political
Action Committee Lawyers Political
Action Committee Ga. Head Injury Foundation
Jennise Vincent (905) 244 Washington Street, S.W. Suite 550 Atlanta, GA 30033 Judicial Council of Ga. /
Admn. Office of the Courts
Gene P. Vineyard (668) P.O. Box 37 Lithia Springs, GA 30057 Family Concerns, Inc.
T. Rogers Wade (374) 1360 South CNN Center Atlanta, GA 30303 Ginn, Edington, Wade &
Sanders, Inc.
Donald R. Wagner (1119) 346 Kramer St. Carrollton, GA 30117 American Association of
University Professors
Trish Wainwright (1006) 142 Mitchell Street, S.W. Suite LL1 Atlanta, GA 30303 Ga. Chiropratic
Association, Inc.

FRIDAY, JANUARY 17, 1992

187

Kenneth R. Waldrep (629) P.O. Box 17965 Atlanta, GA 30316
Kenneth R. Waldrep, LTC (416) P.O. Box 17965 Atlanta, GA 30316 Georgia Dept. of Defense Georgia Air National Guard Georgia Army National Guard Georgia State Defense Force
Carol Waldrop (535) 6077 Wilkerson Road Rex, GA 30273 Ga. Network for Persons W/Mental
Retd. & Develop. Disabilities Governor's Council on
Developmental Disabilities Autism Society of America,
Georgia Chapter
Gary Walker (359) 310 Old Mill Road Cartersville, GA 30120 Cartersville School Board Professional Association
of Georgia Educators Georgia Association for Supervision
and Curriculum Development
J. Mark Walker (244) 2402 Chestnut Springs Trail Marietta, GA 30062 Georgia Family Coalition
John W. Walker (812) 4502 Clement Drive, SW Atlanta, GA 30331 Professional Association of
Georgia Educators
Louis Walker (198) 57 Forsyth Street Suite 700 Atlanta, GA 30303 GTech
Brian Wallace (1055) 2600 2 Peachtree St., N W Atlanta, GA 30303 Association County
Commissioners of Georgia
Robert J. Walsdorf (295) 3015 Piedmont Road, N.E. Atlanta, GA 30305 Georgia Beer
Wholesalers Association

William T. Ward, Director (419) P.O. Box 17965 Atlanta, GA 30316 Ga. Dept. of Defense Ga. Air National Guard Ga. Army National Guard Ga. State Defense Force
Michael Wardrip (922) P. 0. Box 1670 Lilburn, GA 30226 Sierra Club Georgia Chapter
Pamela R. Ware (277) 100 Edgewood Avenue NE Suite 502 Atlanta, GA 30303 Mental Health Association of
Metropolitan Atlanta Mental Health Association
of Georgia Residential Services /
Catch Coalition
Karen Elaine Webster (1208) 141 Pryor Street Fulton Co. Governement Ctr. Atlanta, GA 30303 Fulton County Government
Lorene G. Weddle (81) 2784 Ellenwood Road P.O. Box 31 Ellenwood, GA 30049 Georgia Right To Life
Dorothy Wells (665) 8481 Lake Swan Court Hiram, GA 30141 Wendys International Family Concerns Education Children and Youth
Herbert L. Wells (715) 813 Carroll St. Perry, GA 31069 Council of Juvenile Court
Judges of Georgia
Wende L. Wells (99) 180 Northstar Drive Columbus, GA 31907 Professional Association
of Georgia Educators
James Welsh (841) 786 Cleveland Avenue Atlanta, GA 30315 Fulton County
Board of Education

188

JOURNAL OF THE HOUSE,

Betsey Weltner (170) 2082 East Exchange Place Suite 100 Tucker, GA 30084 Georgia Council of the Arts
Harry L. Werner (194) Locust Grove Elementary School 1727 Griffin Road Locust Grove, GA 30248 Professional Association
of Georgia Educators
Hooper C. Wesley (1149) 200 Piedmont Avenue Suite 1920 Atlanta, GA 30334 Ga. Department of
Administrative Services
J. Alan West (435) P.O. Box 7068 Macon, GA 31298 Georgia Farm Bureau Federation
Sam E. West (582) 2975 La Cita Lane Titusville, FL 32780 Beneficial Management
Corporation
David L. Westmorland (126) P.O. Box 819 Macon, GA 31298-4599 Georgia Forestry Commission
Marc Wetherhorn (692) 3091 Maple Drive Suite 208 Atlanta, GA 30305 Georgia Citizen Action
Dallas Whaley (1236) 3580 Yarmouth Hill Lawrenceville, GA 30244 Towing & Recovery Assoc. of Ga. Ga. Professional Towing
and Recovery Assoc.
Sam E. Whisenant Jr. (490) Whisenant Dental Lab 115 Hollywood Drive Dalton, GA 30721 Whisenant Dental Lab
Lynn White (634) 1029 Railroad Street Conyers, GA 30207 Georgia Child Care Association

Mary J. White (818) 68 Mitchell Street City Hall, Suite 2400 Atlanta, GA 30334 City of Atlanta
Robert Lamar Whittle (688) P.O. Box 691 Sylvester, GA 31791 American Association of
Retired Persons
Bruce E. Widener (720) 1847 C-Peeler Road P.O. Box 88886 Atlanta, GA 30356 Wiedner and Associates, Inc.
Charlotte Wilen (869) 1252 West Peachtree Street, N.W. Suite 311 Atlanta, GA 30309 Continuum Alliance for Healthy
Mothers and Children, Inc.
F. Barry Wilkes (1222) P.O. Box 50 Hinesville, GA 31313-0050 Superior Court Clerks'
Association of Georgia
David R. Williams (574) 50 Hurt Plaza Suite 1050 Atlanta, GA 30303 Georgia Bankers Association
Grant Williams (772) 501 Pulliam Street Suite 535 Atlanta, GA 30302 Georgia State Employee Union
Jeff Williams (1129) 2082 E. Exchange PI. Suite 285 Tucker, GA 30084 Nonpublic Postsecondary
Education Commission
Linda G. Williams (77) 2372 Main Street Tucker, GA 30084-4456 Georgia School Food Service
Assocoation, Inc.
Mary Frances Williams (980) 1105 West Peachtree St. Atlanta, GA 30309 Chatham-Savannah Youth
Future Authority Girl Scout Council of Georgia Families First, Inc.

FRIDAY, JANUARY 17, 1992

189

Michael E. Williams (1062) 1600 Rhode Island Avenue, N.W. Washington, DC 20036-3268 National Rifle
Association of America
Ray P. Williams (646) 938 Peachtree Street, N.E. Atlanta, GA 30309 Georgia Osteopathic
Medical Association Georgia Academy of
Family Physicians Georgia Society of
Ophthalmology
Suzanne P. Williams (453) 3015 Camp Creek Parkway Atlanta, GA 30344 Home Builders Association
of Georgia
Joe C. Williford (591) 19 Barrymore Ct. Hampton, VA 23666 American Civil Liberty
Union of Virginia Tidewater Aids Crisis Taskforce
Pam Willoughby (923) 1100 Johnson Ferry Rd, N.E. Suite 510 Atlanta, GA 30342 Mercy Health Services
of the South
Martin M. Wilson (512) 400 Colony Square 1201 Peachtree Street Atlanta, GA 30361 Georgia Association of
Life Insurance Companies American Council of
Life Insurance Georgia Association of Health
Maintenance Organizations
Willie J. Wilson (837) 2449 Woodhill Lane East Point, GA 30344
Mrs. Bonnie D. Winfrey AAHCC (942) P.O. Box 82324 Hapeville, GA 30349 Bradley Method of
Natural Childbirth Loving Hands Support Services Ga. Friends of Midwives Ga. Midwifery Association

E. DeForest Winslow (80) 38 Spring Street, P.O. Box 960 Newnan, GA 30264 Georgians for Clean Water, Inc.
Ann Winters (1015) 100 Edgewood Avenue Suite 1010 Atlanta, GA 30303 League of Women Voters
of Georgia, Inc.
Diane M. Winters (1101) 556 Rivercrest Drive Woodstock, GA 30188 Georgia Advocates for
Battered Women and Children
Claude H. Wofford (877) 4151 Memorial Drive Suite 102-A Decatur, GA 30032-1584 Georgia Firemens Pension Fund Georgia AssociatiorivFire Chiefs Georgia State Firefighter's
Association, Inc.
Jill Wolfe (78) 813 Wyntuck Drive Kennesaw, GA 30144 Georgia Friends of Midwives Georgia Midwifery Association
Deana Womack (1150) 3154 Skyview Lane Marietta, GA 30066 International Assn. of Machinists
& Aerospace Workers, Local 709
Tom Wommack (799) 3700 B Market Street Clarkston, GA 30021 Professional Association
of Georgia Eduactors
Joe T. Wood (995) 938 Peachtree Street N.E. Atlanta, GA 30309 Ga. Association of
Life Underwriters Medical Association of Georgia
Ellis Woodall (887) 2 Capitol Square Atlanta, GA 30334-1002 Dept. of Transportation
Mark M. Woodall (842) P.O. Box 123 Woodland, GA 31836 Friends of the Environment

190

JOURNAL OF THE HOUSE,

Pauline Woods (305) 5354 Reynolds Street Suite 223 Savannah, GA 31405 American Association
of Retired Persons
Betty Woodward (674) 116 Shallowford Road Dalton, GA 30721 Family Concerns, Inc.
Janet Bolt Wray (1185) 40 Capitol Square Suite 132 Atlanta, GA 30334 State Law Department
Charles Wright (987) 3065 Cumberland Circle Atlanta, GA 30339 US Sprint
Cynthia D. Wright (79) 201 State Capitol Atlanta, GA 30334 Executive Counsel,
Governor's Office
Lewis Wright (1033) 1654 Upper River Road Macon, GA 31211 Professional Association
of Georgia Educators
Russell C. Wright (666) 3715 Campbellton Road Atlanta, GA 30331 Wee Little Lambs Day Care
Steve W. Wrigley (237) 201 State Capitol Atlanta, GA 30334 Office of the Governor
Jennifer B. Wyllie (1163) 161 Spring Street Atlanta, GA 30303 Grady Memorial Hospital Morehouse School of Medicine Ga. Warehouse Association Dehart and Darr

Janelle R. Yamarick (1097) 1430 West Peachtree Street Suite 505 Atlanta, GA 30309 Georgia Abortion Rights
Action League, Inc.
Evonne Yancey (450) 3355 Lenox Road, NE Atlanta, GA 30326 Kaiser Permanente
Roy L. Yancy (1054) 250 Georgia Ave., SE, Ste 109 Atlanta, GA 30312 Y. S. S. Inc.
Robert K. Yass (719) The Travelers One Tower Square 6-SHS Hartford, CT 06183-1060 The Travelers Insurance Company
and Its Affiliates
John S. Yates (228) P.O. Box 909 Dahlonega, GA 30533 Georgia Association of
Educational Leaders
Judy Yates (778) 1112 Springdale Road Atlanta, GA 30306 Alzheimers Association
of Atlanta
Harvey B. Yellin (1143) P.O. Box 985 219 North Ashley Valdosta, GA 31603 Georgians for Victim Justice
Kay Y. Young (467) 161 Spring Street, N.W. 5th Floor Atlanta, GA 30303 Clients of Georgia Legal
Services Program Clients of Atlanta Legal
Aid Society, Inc.
Skip Yow (250) 1240 Atkinson Road Lawrenceville, GA 30243 Georgia School Boards
Association (GSBA)

Pursuant to HR 642, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 3, 1992.

MONDAY, FEBRUARY 3, 1992

191

Representative Hall, Atlanta, Georgia Monday, February 3, 1992

The House met purusant 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 Ashe Atkins Baker Balkcom Barfoot Bargeron Barnett.B Barnett.M Bates Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brush Buck Buckner Byrd Campbell Carrell Carter Cauthorn
Chafin Chambless Cheeks Clark.E

Clark.L Coker Coleman Colwell Connell Culhreth
Cummings.B Cummings,M
Davis.D Davis.G
Dixon.H
Dixon.S Dover
Dunn Edwards
Elliott
Fennel
Floyd.J.M
Floyd.J.W
Flynt Godbee Golden Greene Griffin
Groover
Hamilton Hammond
Manner Harris.B Harris,J Heard
Henson

Herbert Holland Holmes
Howard
Hudson
Irwin
Jackson
Jamieson Jones Kilgore King Kingston Klein Ladd Lane.D
Langford Lawrence Lawson Lee Long Lord
Lucas
Mann Martin McBee McCoy McKelvey Meadows
Merritt
Milam Mills

Mobley
Morsberger Moultrie Oliver.C
Oliver,M
Orr Padgett Parham
Parrish
Patten
Pelote Pettit Pinholster
Pinkston
Poag
Porter
Poston Powell.A Powell.C Presley Purcell Randall Reaves Redding Ricketson Royal Selman Sherrill Sinkfield Skipper Smith.L

Smith.P Smith.T Smith.W Smyre Stancil.F Stancil.S Stanley Streat Taylor Teper Thomas.N Thurmond
Titus Tolbert Townsend Turnquest Twiggs Valenti Vaughan Walker.J Walker.L
Wall
Watson
Watts
White
Wilder Williams.B Williams.J
Williams.R Yeargin
Murphy,Spkr

The following members were off the floor of the House when the roll was called:
Representatives Thomas of the 31st, Lane of the lllth, Brooks of the 34th, Snow of the 1st, Ray of the 98th, Mueller of the 126th, Jenkins of the 80th, Brown of the 88th, Thomas of the 69th, Simpson of the 70th, Moody of the 153rd, Perry of the 5th, Goodwin of the 63rd, Davis of the 45th, Orrock of the 30th, McKinney of the 40th, Canty of the 38th, McKinney of the 35th, Felton of the 22nd and Dobbs of the 74th.
They wish to be recorded as present.

Prayer was offered by the Reverend Franklin Bryant, Pastor, Elizabeth Primitive Baptist Church, Danville, Georgia.

The members pledged allegiance to the flag.

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.

192

JOURNAL OF THE HOUSE,

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1294. By Representatives Carrell of the 65th, Porter of the 119th, Mobley of the 64th, Dobbs of the 74th and Stancil of the 66th:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to regulation of aeronautics, aircraft, and airports, so as to provide for the offense of homicide by aircraft.
Referred to the Committee on Judiciary.

HB 1295. By Representative Abernathy of the 39th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to require all state agencies to include the classification "multiracial" on all forms requesting information on racial identification; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to require all public schools to include the classification "multiracial" on all school forms requesting information on racial identification.
Referred to the Committee on Education.

HB 1296. By Representatives Walker of the 115th, Murphy of the 18th, Buck of the 95th, Coleman of the 118th and Lee of the 72nd:
A bill to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to provide that incident/complaint forms used by criminal justice agencies shall, when applicable, include the identification of any victim who is a student and the name of the school attended by any such student.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 3, 1992

193

HB 1297. By Representatives Dunn of the 73rd, Lawson of the 9th, Walker of the 115th, Coleman of the 118th and Buck of the 95th:
A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, Part 2 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured homes, Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards, and Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to revise comprehensively provisions relative to fees charged by the Commissioner of Insurance.
Referred to the Committee on Insurance.
HB 1298. By Representative Dobbs of the 74th:
A bill to amend Code Section 12-7-17 of the Official Code of Georgia Annotated, relating to exemptions from Chapter 7 of Title 12, the "Erosion and Sedimentation Act of 1975," so as to provide that certain construction and maintenance projects must be in compliance with certain minimum standards of said chapter; to provide for applicability with respect to certain contractors.
Referred to the Committee on Natural Resources & Environment.
HB 1299. By Representative Dover of the llth:
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 1300. By Representative Dover of the llth:
A bill to amend Article 6 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to local income tax, so as to revise certain provisions relating to calling, conducting, and approval of a referendum to impose such tax; to repeal certain provisions prohibiting the simultaneous levy of a local income tax and a local sales and use tax.
Referred to the Committee on Ways & Means.

HB 1301. By Representative Dover of the llth:
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 state income tax, so as to change certain provisions, relating to the imposition, rate, and computation of state income tax imposed on certain resident and nonresident taxpayers.
Referred to the Committee on Ways & Means.
HB 1302. By Representative Dover of the llth:
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 state income tax, so as to change certain provisions relating to the imposition, rate, and computation of state income tax imposed on certain corporations.
Referred to the Committee on Ways & Means.

194

JOURNAL OF THE HOUSE,

HB 1303. By Representative Dover of the llth:
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 state income tax, so as to change certain provisions relating to the imposition, rate, and computation of state income tax imposed on certain resident and nonresident taxpayers; to change certain provisions relating to the imposition, rate, and computation of state income tax imposed on certain corporations.
Referred to the Committee on Ways & Means.

HB 1304. By Representative Dover of the llth:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to collection of income tax through withholdings, so as to provide for certain withholding with respect to pensions, annuities, taxable fringe benefits, interest, and dividends.
Referred to the Committee on Ways & Means.

HB 1305. By Representative Dover of the llth:
A bill to amend Code Section 48-7-102 of the Official Code of Georgia Annotated, relating to withholding exemption status, so as to provide for such status in the event an employee fails to furnish a withholding certificate or furnishes erroneous information on the withholding exemption certificate.
Referred to the Committee on Ways & Means.

HB 1306. By Representative Dover of the llth:
A bill to amend Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, so as to change the provisions regarding the deadline for filing quarterly and monthly returns.
Referred to the Committee on Ways & Means.

HB 1307. By Representative Dover of the llth:
A bill to amend Code Section 48-9-30 of the Official Code of Georgia Annotated, relating to definitions regarding the road tax on motor carriers, so as to change the definition of a motor vehicle with respect to such tax.
Referred to the Committee on Ways & Means.

HB 1308. By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Code Section 8-2-31 of the Official Code of Georgia Annotated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumbing, and electrical codes, so as to specify that such part shall not be construed as repealing or modifying the provisions of Article 10 of Chapter 1 of Title 10, relating to the sale and storage of liquefied petroleum gas; to provide for reenactment.
Referred to the Committee on Industry.

MONDAY, FEBRUARY 3, 1992

195

HB 1309. By Representative Birdsong of the 104th:
A bill to amend Code Section 36-60-13 of the Official Code of Georgia Annotated, relating to multiyear lease, purchase, or lease purchase contracts of counties and municipalities, so as to provide that no county or municipality shall enter into certain multiyear lease, purchase, or lease purchase contracts until they are first approved by a majority of the electors of the county or municipality affected voting in a special election.
Referred to the Committee on State Planning & Community Affairs.

HB 1310. By Representative Birdsong of the 104th:
A bill to amend an Act placing certain restrictions upon the placement and location of refuse receptacles by certain counties, so as to change the population figures describing the counties affected; to provide that such provision shall remain applicable to Twiggs County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1311. By Representative Murphy of the 18th:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and allowances of officers and members of the General Assembly, so as to provide for limitations with respect to reimbursement of transportation costs for air travel.
Referred to the Committee on Rules.

HB 1312. By Representative Murphy of the 18th:
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 clarify the eligibility of preschool age children for assistance; to provide that immunization of a preschool age dependent child shall be required for the receipt of assistance.
Referred to the Committee on Health & Ecology.

HB 1313. By Representative Murphy of the 18th:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentences in criminal cases, so as to change provisions relating to continuing jurisdiction over probated sentences; to change procedures relating to shortening a period of probation.
Referred to the Committee on Judiciary.

HB 1314. By Representative Murphy of the 18th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices under the "Fair Business Practices Act of 1975," so as to prohibit certain deceptive publications of local telephone numbers by nonlocal providers of goods or services.
Referred to the Committee on Industry.

196

JOURNAL OF THE HOUSE,

HB 1315. By Representative Dixon of the 128th:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change the corporate limits of the City of Savannah.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1316. By Representative Reaves of the 147th: A bill to provide a new charter for the City of Dasher.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1317. By Representative Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Lake Park, so as to change certain provisions relating to time of election.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1318. By Representative Oliver of the 53rd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support in general, so as to provide that there shall not be a right to a trial by jury in child support determination hearings.
Referred to the Committee on Judiciary.

HB 1319. By Representative Barnett of the 10th:
A bill to change the composition of the districts from which members of the board of education of Forsyth County are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1320. By Representative Barnett of the 10th:
A bill to amend an Act creating a board of commissioners of Forsyth County, so as to change the composition of the districts from which the members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1321. By Representative Barnett of the 10th:
A bill to amend an Act creating a board of commissioners for Forsyth County, so as to change the dollar amount of purchases which can be made without the necessity of receiving bids.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1322. By Representative Balkcom of the 140th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the disposal of certain seized wildlife; to change certain provisions relating to legal weapons for hunting; to change the open season dates and bag limits of certain wildlife.
Referred to the Committee on Game, Fish & Parks.

MONDAY, FEBRUARY 3, 1992

197

HB 1323. By Representative Balkcom of the 140th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to prohibit the carriage of fire extinguishers which are not fully charged; to define certain terms; to require certain persons to wear personal flotation devices.
Referred to the Committee on Game, Fish & Parks.

HB 1324. By Representative Balkcom of the 140th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide certain requirements for fishing with a bow and arrow; to provide for the taking of fish from public fishing areas; to provide for certain fish for which a license is required.
Referred to the Committee on Game, Fish & Parks.

HB 1325. By Representative Dixon of the 151st:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to official state symbols, so as to designate Pogo as the official Georgia State 'Possum.
Referred to the Committee on State Institutions & Property.

HB 1326. By Representative Teper of the 46th:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to authorize certain additional investments.
Referred to the Committee on Insurance.

HB 1327. By Representative Wilder of the 21st:
A bill to amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages, so as to limit the recovery of noneconomic damages in certain actions for personal injury or wrongful death; to provide for a short title.
Referred to the Committee on Judiciary.

HB 1328. By Representative Wilder of the 21st:
A bill to amend Article 2 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to joint tort-feasors, so as to abolish joint liability for certain actions; to provide for exceptions; to provide for a short title and definitions; to provide for the liability of joint tort-feasors and the amount of judgment recoverable against them.
Referred to the Committee on Judiciary.

HB 1329. By Representative Wilder of the 21st:
A bill to amend Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgments, so as to provide for periodic payment of judgments; to provide for a short title and definitions.
Referred to the Committee on Judiciary.

198

JOURNAL OF THE HOUSE,

HB 1330. By Representative Wilder of the 21st:
A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, so as to change certain provisions regarding evidence admissible in actions involving special damages; to provide for a short title.
Referred to the Committee on Judiciary.

HB 1331. By Representative Wilder of the 21st:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for immunity from civil and criminal liability for certain donations of drugs and medical supplies to nonprofit organizations.
Referred to the Committee on Judiciary.

HB 1332. By Representative Wilder of the 21st:
A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, so as to provide for limitations upon punitive damages involving certain drugs and provide for exceptions thereto.
Referred to the Committee on Judiciary.

HB 1333. By Representative Wilder of the 21st:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income tax, so as to add a new Code section authorizing the establishment of individual medical accounts; to provide for a short title and definitions.
Referred to the Committee on Ways & Means.

HB 1334. By Representative Wilder of the 21st:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related organizations, so as to provide standards for rates of individual accident and sickness insurance.
Referred to the Committee on Insurance.

HB 1335. 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 a reduction in such income for certain unreimbursed medical expenses.
Referred to the Committee on Ways & Means.

HB 1336. By Representative Wilder of the 21st:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to change certain provisions authorizing recovery for medical malpractice; to provide for definitions; to provide for the tort of medical malpractice.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 3, 1992

199

HB 1337. By Representative Manner of the 131st:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1338. By Representative Wilder of the 21st:
A bill to amend Chapter 6 and 7 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts and state courts of counties, respectively, so as to provide for alternative dispute resolution plans in civil cases, for each circuit of the superior court and each state court.
Referred to the Committee on Judiciary.
HB 1339. By Representative Wilder of the 21st:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Department of Medical Assistance to implement a modification of the state plan for medical assistance to provide a publicly financed voucher program for access to privately delivered health insurance coverage.
Referred to the Committee on Health & Ecology.

HB 1340. By Representative Hanner of the 131st:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1341. By Representatives Parham of the 105th, Parrish of the 109th, Atkins of the 21st, Twiggs of the 4th and Chafin of the 72nd:
A bill to amend Code Section 49-4-145 of the Official Code of Georgia Annotated, relating to time limitations for medical assistance claims, so as to change certain time periods for claim submissions.
Referred to the Committee on Health & Ecology.

HB 1342. By Representatives Parham of the 105th, Parrish of the 109th, Twiggs of the 4th, Atkins of the 21st and Chafin of the 72nd:
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.
Referred to the Committee on Health & Ecology.

HB 1343. By Representative Parham of the 105th:
A bill to amend Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to eligibility and qualifications for office, so as to provide that a person who has willfully defaulted on certain student loans shall be ineligible for state employment until such default is cured.
Referred to the Committee on Governmental Affairs.

200

JOURNAL OF THE HOUSE,

HB 1344. By Representative Dunn of the 73rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise the financial regulatory capabilities of the Commissioner of Insurance; to provide for the acceptance of an examination of an insurer conducted by another state under certain conditions.
Referred to the Committee on Insurance.

HB 1345. By Representative Dunn of the 73rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise extensively provisions relative to fines and penalties.
Referred to the Committee on Insurance.

HB 1346. By Representative Dunn of the 73rd:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the business of insurance, so as to provide definitions; to provide for acts which shall constitute unfair practices with regard to the settlement of claims.
Referred to the Committee on Insurance.

HB 1347. By Representative Dunn of the 73rd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, so as to specify that the advertisement by a person licensed to provide health care services of the waiver of a deductible or copayment, as an inducement to attract patients, shall be considered a deceptive and misleading practice.
Referred to the Committee on Insurance.

HB 1348. By Representative Watson of the 114th:
A bill to amend Code Section 43-45-9 of the Official Code of Georgia Annotated, relating to examination for certification as an operator of a business of structural pest control, so as to require persons who operate a structural pest control business to have insurance coverage insuring the business against liability for damages to persons or property resulting from the operation of the structural pest control business.
Referred to the Committee on Industry.

HB 1349. By Representative Watson of the 114th:
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 change the definition of the term "practice of funeral directing".
Referred to the Committee on Industry.

HB 1350. By Representative Watson of the 114th:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board.
Referred to the Committee on Industry.

MONDAY, FEBRUARY 3, 1992

201

HB 1351. By Representatives Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act creating a Board of Commissioners of Hall County, as amended, so as to change the composition of the commissioner districts from which the commissioners are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1352. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act providing for and describing boundaries for the districts for the Board of Education of the Hall County School District, so as to modify the description of the education districts to reflect the 1990 census figures.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1353. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a Board of Commissioners for Hall County, as amended, so as to change certain expense allowances for members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 721. By Representative Dover of the llth:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for limitations upon the expenditure of certain public funds and for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes.
Referred to the Committee on Ways & Means.

HR 722. By Representatives Dover of the llth and Jamieson of the llth: A resolution designating the Stribling Memorial Bridge.
Referred to the Committee on Transportation.

HR 723. By Representative Dixon of the 128th: A resolution compensating Mr. John Wesley Ulmer, Jr.
Referred to the Committee on Appropriations.

HR 724. By Representative Wilder of the 21st:
A resolution urging the United States Congress to take certain action with respect to expenses incurred for medical insurance.
Referred to the Committee on Health & Ecology.

HR 725. By Representative Wilder of the 21st:
A resolution urging the United States Congress to take certain action with respect to expenses incurred for medical care.
Referred to the Committee on Health & Ecology.

202

JOURNAL OF THE HOUSE,

HR 726. By Representatives Irwin of the 57th and Alford of the 57th:
A resolution proposing an amendment to the Constitution so as to provide that the 20 mill limitation with respect to the levy of ad valorem taxes for school purposes shall apply to all school systems in this state.
Referred to the Committee on Education.

HR 727. By Representative Lane of the 27th: A resolution compensating Ms. Elizabeth S. Clark.
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 1258 HB 1259
HB 1260 HB 1261 HB 1262 HB 1263 HB 1264

HB 1282 HB 1283
HB 1284 HB 1285 HB 1286 HB 1287 HR 19 QS

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203

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 1112 Do Pass, by Substitute HB 1173 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 1112.

By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating the office of commissioner of Catoosa County, so as to reapportion the commissioner districts for the purpose of electing 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 Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4182), and an Act approved March 20, 1990 (Ga. L. 1990, p. 4080), so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners; to provide for an administrative assistant and the compensation and qualifications thereof; to provide for clerical assistants and the compensation thereof; to change the provisions relating to compensation of the chairman and members of the board; to provide for expenses; to change the provisions relating to notices of special sessions of the board; to provide for duties relative to submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for repeal of this Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4182), and an Act approved March 20, 1990 (Ga. L. 1990, p. 4080), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) For the purpose of electing members of the board of commissioners, Catoosa County shall be divided into five commissioner districts as follows:
District: 1
CATOOSA COUNTY VTD: 0002 BOYNTON (Part) Tract: 0307. Block(s): 204A, 204C, 204D, 207B, 701A, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 718 VTD: 0003 FORT OGLETHORPE

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VTD: 0004 LAKEVIEW (Part) Tract: 0306. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 304B, 305, 306, 307, 309, 310, 311, 401, 402, 403B, 404A, 404B, 404C, 404D, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 419, 423, 424, 425, 426, 427B, 428B, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519B, 519C, 520, 521 Tract: 0307. Block(s): 161B, 161C, 161D, 302B, 304, 305B, 306C, 310C, 602, 603B, 604, 605, 606, 607B
VTD: 0005 WESTSIDE (Part) Tract: 0307. Block(s): 101B, 101E, 102, 157, 158, 159B, 165, 166
District: 2
CATOOSA COUNTY VTD: 0002 BOYNTON (Part) Tract: 0303. Block(s): 502, 503, 504, 505, 514, 516, 518, 519, 525, 526 Tract: 0304. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317, 318, 319, 320, 321, 322, 335, 336, 337, 338, 401, 402, 403, 404, 405, 414, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 515, 701, 702, 703, 704, 705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716 VTD: 0004 LAKEVIEW (Part) Tract: 0305. Block(s): 301A, 301B, 315, 318, 319, 320, 321, 322, 324 Tract: 0306. Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 308 Tract: 0307. Block(s): 301B VTD: 0005 WESTSIDE (Part) Tract: 0304. Block(s): 210, 211, 213, 214A, 214B, 215, 216A, 216B, 218, 219, 710A, 710B Tract: 0305. Block(s): 101A, 101B, 102A, 102B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210 VTD: 0007 CHAMBERS VTD: 0008 DUNCAN PARK
District: 3
CATOOSA COUNTY VTD: 0001 RINGGOLD (Part) Tract: 0301.98 Block(s): 303A, 303B, 304, 305, 316, 317, 319, 324 Tract: 0302. Block(s): 101A, 101B, 102, 103, 104, 105A, 106A, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236A, 236B, 237A, 237B, 238A, 238B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256A, 256B, 257, 258, 259, 305A, 306, 313, 314, 315A, 315B, 316, 317A,

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205

317B, 317C, 501, 502, 503, 504A, 504B, 505, 506, 507A, 507B, 508, 509 Tract: 0303. Block(s): 401A, 401B, 402, 403, 414, 415A, 415B, 415C, 501, 510, 511, 512, 522, 523, 524 VTD: 0002 BOYNTON (Part) Tract: 0302. Block(s): 307, 308, 309, 310, 311, 312 Tract: 0304. Block(s): 123 VTD: 0011 GRAYSVILLE
District: 4
CATOOSA COUNTY VTD: 0001 RINGGOLD (Part) Tract: 0303. Block(s): 101, 102, 103, 104, 105, 106, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 416, 417, 418, 419, 420, 421, 422, 423, 427, 434, 435, 436, 438, 439, 440, 441, 442, 506, 507, 508, 509, 513, 515, 517, 520, 521 Tract: 0304. Block(s): 406 VTD: 0006 CATOOSA-KEITH VTD: 0009 BLACKSTOCK VTD: 0010 WOODSTATION
District: 5
The entire geographic area of Catoosa County
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Catoosa County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Catoosa County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said Act is further amended by striking subsection (b) of Section 9 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The board may employ one administrative assistant and clerical assistants as necessary. The administrative assistant shall have such qualifications as prescribed by

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the board with a preference given, but not required, for those persons having a college degree or at least five years' experience in county management. The administrative assistant shall be compensated in an amount to be fixed by the board but not to exceed $42,000.00 per annum for calendar year 1993. The maximum amount of such compensation shall be changed annually on January 1, beginning January 1, 1994, based on the change in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all urban consumers on the 1982-84 equals 100 reference base over such index on January 1 of the previous year. The compensation of the other clerical assistants shall be set by the board within budgetary limits."
Section 3. Said Act is further amended by striking Section 9A of said Act and inserting in lieu thereof a new Section 9A to read as follows:
"Section 9A. (a) Each member of the Board of Commissioners of Catoosa County shall receive an annual salary for calendar year 1993 of $8,000.00 to be paid in equal monthly installments from the funds of Catoosa County. The chairman of the board shall receive an annual salary for calendar year 1993 of $12,000.00 to be paid in equal monthly installments from the funds of the county. The amount of the compensation of the chairman and members of the board shall be changed annually on January 1, beginning January 1, 1994, based on the change in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all urban consumers on the 1982-84 equals 100 reference base over such index on January 1 of the previous year. The members and chairman of the board shall also be reimbursed by the county for their actual expenses they may incur in the performance of the official duties of their office.
(b) The board shall maintain an office at the courthouse to be kept open from 9:00 A.M. to 5:00 P.M. Monday through Friday, except holidays.
(c) The board of commissioners shall meet on the first Tuesday of every month at the courthouse. The board shall have the right to hold special sessions when, in its discretion, the business of the county may require. Special sessions shall be called by the chairman or by a majority of the board, provided that each board member and the official organ of the county shall be given reasonable notice prior to any such special meeting. Three members of the board shall constitute a quorum at any regular or special session of the board."
Section 4. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Catoosa County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except Sections 2 and 3, which shall become effective January 1, 1993, unless this Act is repealed pursuant to Section 4 of this Act prior to such date.
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 1173. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act reconstituting the Board of Education of Jones County, so as to change the composition of education districts from which members are elected.

MONDAY, FEBRUARY 3, 1992

207

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

HB 1254.

By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney.

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

HB 1257. By Representatives Bostick of the 138th and Carter of the 146th: A bill to provide a new charter for the City of Ty Ty.

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

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

Mr. Speaker:

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

SB 343. By Senator Kidd of the 25th:
A bill to provide for the compensation of the judge and solicitor of the State Court of Putnam County; to provide for the compensation of the administrative and clerical assistants in such court; to provide for the inclusion of the judge and solicitor in the group health insurance plan and pension system provided by Putnam County for county officers and employees.

SB 501. By Senator Pollard of the 24th:
A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, as amended, so as to provide that future school superintendents shall be nominated and elected in nonpartisan primaries and elections; to provide for a referendum; to provide for submission of this Act to the United States Attorney General for approval; to provide when this Act shall be void and repealed.

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SB 475. By Senator Deal of the 49th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to provide that certain laws relative to prohibitions against gambling shall not apply to the manufacturing, processing, selling, possessing, or transporting of any printed materials, equipment, devices, or other materials used or designated for use in a legally authorized lottery.

SB 495. By Senator Ramsey of the 54th:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, so as to provide for compensation for persons performing marriage ceremonies.

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

HR 500.

By Representatives Porter of the 119th, Godbee of the 110th, Lane of the lllth, Oliver of the 121st, Patten of the 149th and others:
A resolution designating the K.T. Kennedy Reef.

The following communications were received:

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 14, 1992
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 Charles W. (Chuck) McGrady was elected as a member of the State Transportation Board from the Fourth Congressional District. He will serve for a term beginning April 16, 1992, and expiring April 15, 1997. 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, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Charles W. McGrady Honorable Dean Alford Honorable Thurbert E. Baker Mr. Wayne Shackelford Mr. Hamilton McWhorter, Jr. Mr. Robert E. Rivers, Jr. Ms. Cindy Wright

MONDAY, FEBRUARY 3, 1992

209

The General Assembly Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Charles W. (Chuck) McGrady, DeKalb 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 Fourth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1992 and expiring April 15, 1997.
This 14th day of January, 1992.
/s/ Pierre Howard PRESIDENT OF THE SENATE
/s/ Thomas B. Murphy SPEAKER, HOUSE OF REPRESENTATIVES

The General Assembly Atlanta
January 14, 1992
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Howard:
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 13, 1992, at 4:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Charles W. (Chuck) McGrady was elected as a member of the State Transportation Board from the Fourth Congressional District to serve a term beginning April 16, 1992, and expiring April 15, 1997.
Respectfully submitted, /s/ Dean Alford
Representative, 57th District Chairman Fourth Congressional District Caucus
/s/ Thurbert E. Baker Representative, 51st District Secretary Fourth Congressional District Caucus

The General Assembly Atlanta
January 14, 1992
Honorable Thomas B. Murphy Speaker, Houe of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:

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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 13, 1992, at 4:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Charles W. (Chuck) McGrady was elected as a member of the State Transportation Board from the Fourth Congressional District to serve a term beginning April 16, 1992, and expiring April 15, 1997.
Respectfully submitted, /s/ Dean Alford
Representative, 57th District Chairman Fourth Congressional District Caucus
/s/ Thurbert E. Baker Representative, 51st District Secretary Fourth Congressional District Caucus

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 17, 1992
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 Sam M. Wellborn was elected as a member of the State Transportation Board from the Third Congressional District. Mr. Wellborn was elected both to serve for the remainder of the unexpired term of office of the late Honorable Frank Morast, Jr., such term expiring April 15, 1992, and also to serve for a full term beginning April 16, 1992, and expiring April 15, 1997. 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, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Sam M. Wellborn Honorable Ward Edwards Honorable Calvin Smyre Mr. Wayne Shackelford Mr. Hamilton McWhorter, Jr. Mr. Robert E. Rivers, Jr. Ms. Cindy Wright

The General Assembly Atlanta

MONDAY, FEBRUARY 3, 1992

211

TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Sam M. Wellborn, Muscogee 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 Third Congressional District. Mr. Wellborn was elected both to serve for the remainder of the unexpired term of office of the late Honorable Frank Morast, Jr., such term expiring April 15, 1992, and also to serve for a full term of five years and until his successor is elected and qualified, such term beginning April 16, 1992, and expiring April 15, 1997.
This 17th day of January, 1992.
/s/ Pierre Howard PRESIDENT OF THE SENATE
/s/ Thomas B. Murphy SPEAKER, HOUSE OF REPRESENTATIVES

The General Assembly Atlanta
January 17, 1992
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Howard:
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 13, 1992, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Sam M. Wellborn was elected as a member of the State Transportation Board from the Third Congressional District. Mr. Wellborn was elected both to serve for the remainder of the unexpired term of office of the late Honorable Frank Morast, Jr., such term expiring April 15, 1992, and also to serve for a full term beginning April 16, 1992, and expiring April 15, 1997.
Respectfully submitted, /s/ Ward Edwards
Representative, 112th District Chairman Third Congressional District Caucus
/s/ Calvin Smyre Representative, 92nd District Secretary Third Congressional District Caucus

The General Assembly Atlanta
January 17, 1992
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334

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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 13, 1992, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Sam M. Wellborn was elected as a member of the State Transportation Board from the Third Congressional District. Mr. Wellborn was elected both to serve for the remainder of the unexpired term of office of the late Honorable Frank Morast, Jr., such term expiring April 15, 1992, and also to serve for a full term beginning April 16, 1992, and expiring April 15, 1997.
Respectfully submitted, /s/ Ward Edwards
Representative, 112th District Chairman Third Congressional District Caucus
/s/ Calvin Smyre Representative, 92nd District Secretary Third Congressional District Caucus

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334-1505
January 30, 1992
The Honorable Robert E. Rivers, Jr. Clerk of the House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the January 28, 1992 Special Election for the office of State Representative in the General Assembly of Georgia from District 36, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Max Cleland
Secretary of State
MC:HJL:bt
Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 28th day of January, 1992, in District 36 of the State House of Representatives, in Fulton County, to fill the vacancy existing due to the resignation of the Honorable Anthony Hightower, show the following results:

Ralph Presley Otis F. Scogin

-568 - 422

MONDAY, FEBRUARY 3, 1992

213

Having received a majority of the votes cast, Ralph Presley was duly elected to 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 30th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-two and of the Independence of the United States of America the Two Hundred and Sixteenth.

(SEAL)

is/ Max Cleland Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Ralph L. Presley State Representative
Sworn to and subscribed before me, this 31st day of January, 1992.
/s/ Edward H. Johnson Judge, Superior Court Atlanta Judicial Circuit

By unanimous consent HB 1106, which was previously postponed until today, was ordered placed back on the General Calendar.

By unanimous consent, the following Resolutions of the House were read the first time and referred to the Committe on Rules:

HR 728. By Representatives Williams of the 90th, Padgett of the 86th, Howard of the 85th, Cheeks of the 89th and Connell of the 87th:
A resolution commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Representatives.

HR 729. By Representative Milam of the 81st:
A resolution congratulating the LaGrange High School football team and inviting the team to the House of Representatives.

HR 730. By Representative Carrell of the 65th:
A resolution commending the George Walton Academy football team and inviting the members of the team and coaching staff to appear before the House of Representatives.

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

SB 343. By Senator Kidd of the 25th:
A bill to provide for the compensation of the judge and solicitor of the State Court of Putnam County; to provide for the compensation of the administrative and clerical assistants in such court; to provide for the inclusion of the judge and solicitor in the group health insurance plan and pension system provided by Putnam County for county officers and employees.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 475. By Senator Deal of the 49th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to provide that certain laws relative to prohibitions against gambling shall not apply to the manufacturing, processing, selling, possessing, or transporting of any printed materials, equipment, devices, or other materials used or designated for use in a legally authorized lottery.
Referred to the Committee on Industry.

SB 495. By Senator Ramsey of the 54th:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, so as to provide for compensation for persons performing marriage ceremonies.
Referred to the Committee on Judiciary.

SB 501. By Senator Pollard of the 24th:
A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, as amended, so as to provide that future school superintendents shall be nominated and elected in nonpartisan primaries and elections; to provide for a referendum; to provide for submission of this Act to the United States Attorney General for approval; to provide when this Act shall be void and repealed.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HR 673. By Representatives Stancil of the 66th, Buck of the 95th, Lane of the lllth, McBee of the 68th and Thurmond of the 67th:
A resolution recognizing the national 4-H winners from Georgia and the State 4-H President and inviting them to appear before the House of Representatives.

HR 675. By Representatives Taylor of the 94th, Cummings of the 134th, Sinkfield of the 37th, Turnquest of the 56th, Baker of the 51st and others:
A resolution recognizing Delta Sigma Theta Sorority and inviting members of that sorority to appear before the House of Representatives on Friday, February 7, 1992.

MONDAY, FEBRUARY 3, 1992

215

HR 718. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution declaring February 3, 1992, as Albany Day at the state capitol and inviting representatives of the City of Albany, Dougherty County, and the Albany-Dougherty Chamber of Commerce to appear before the House of Representatives at a time to be determined by the Speaker of the House of Representatives.

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 commmittees:

HB 1367. By Representatives Lee of the 72nd, Benefield of the 72nd, King of the 72nd, Chafin of the 72nd and Buckner of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to modify the description of the education districts to reflect the 1990 census figures.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1368. By Representatives Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd, King of the 72nd and Buckner of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to provide for four commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Resolutions of the House were read the first time and referred to the Committee on Rules:

HR 735. By Representatives Atkins of the 21st, Klein of the 21st, Aiken of the 21st, Vaughan of the 20th, Hammond of the 20th and others:
A resolution commending Miss Marika Angelle, 1992 Miss Cobb County, and inviting her to the House of Representatives.

HR 770. By Representatives Pinkston of the 100th, Randall of the 101st, Lucas of the 102nd, Groover of the 99th, Birdsong of the 104th and others:
A resolution commending the Honorable Tommy Olmstead, Mr. Larry Brown, Ms. Carolyn Crayton, Mr. J. R. Gibbs, and Mr. Harold Weathers and inviting them to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 736. By Representative Teper of the 46th:
A resolution welcoming the delegation of Tibetan monks from the Drepung Loseling Monastery.

HR 737. By Representative Balkcom of the 140th: A resolution expressing regret at the passing of Mr. Hugh D. Broome.

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HR 738. By Representative Birdsong of the 104th: A resolution expressing regret at the passing of Mr. John Walter Phillips.

HR 739. By Representative Sherrill of the 47th: A resolution expressing regret at the passing of Mrs. Betty Willis.

HR 740. By Representative Dunn of the 73rd: A resolution commending Jacob Gene Ingram.

HR 741. By Representative Dunn of the 73rd: A resolution commending Mrs. Alice Pendley.

HR 742. By Representative Dunn of the 73rd:
A resolution commending the Henry County Unit of the American Cancer Society.

HR 743. By Representatives Patten of the 149th and Reaves of the 147th: A resolution congratulating Mr. Edward "Eddie" Thigpen.

HR 744. By Representatives Chafin of the 72nd, Benefield of the 72nd, King of the 72nd and Lee of the 72nd:
A resolution commending and recognizing Mr. Fred Smith, Principal of Jonesboro Senior High School.

HR 745. By Representatives Chafin of the 72nd, King of the 72nd, Benefield of the 72nd, Buckner of the 72nd and Lee of the 72nd:
A resolution recognizing Jonesboro Senior High School.

HR 746. By Representatives Buckner of the 72nd, Benefield of the 72nd, King of the 72nd and Lee of the 72nd:
A resolution commending and recognizing Mrs. Tonda Ellis.

HR 747. By Representative Brooks of the 34th: A resolution expressing regret at the passing of Ms. Jannie B. Horton.

HR 748. By Representatives Buckner of the 72nd, Benefield of the 72nd, King of the 72nd, Chafin of the 72nd and Lee of the 72nd:
A resolution commending Ms. Anne T. Plant.

HR 749. By Representatives Adams of the 79th, Flynt of the 75th, Herbert of the 76th and Heard of the 43rd:
A resolution commending Honorable Ben J. Miller.

HR 750. By Representatives Adams of the 79th, Flynt of the 75th, Herbert of the 76th and Heard of the 43rd:
A resolution commending Honorable Paschal A. English.

MONDAY, FEBRUARY 3, 1992

217

HR 751. By Representatives Adams of the 79th, Herbert of the 76th, Flynt of the 75th and Heard of the 43rd:
A resolution commending Honorable Andrew J. Whalen, Jr.

HR 752. By Representative Connell of the 87th: A resolution honoring Mr. Wilson P. (Bill) Mason.

HR 753. By Representatives Holland of the 136th, Poston of the 2nd, Walker of the 115th and Murphy of the 18th:
A resolution commending Mr. Lynwood Hall upon his selection as Artist of the Year by the Georgia Citizens for the Arts.

HR 754. By Representatives Holland of the 136th, Poston of the 2nd, Walker of the 115th and Murphy of the 18th:
A resolution commending Georgia Citizens for the Arts.

HR 755. By Representatives Poston of the 2nd and Murphy of the 18th: A resolution commending J. W. Callaway.

HR 756. By Representatives Poston of the 2nd, Parham of the 105th and Davis of the 29th:
A resolution commending the Atlanta Chapter of the Juvenile Diabetes Foundation International.

HR 757. By Representatives Poston of the 2nd, Parham of the 105th and Davis of the 29th:
A resolution commending the Atlanta Chapter of the Juvenile Diabetes Foundation International.

HR 758. By Representative Brooks of the 34th: A resolution expressing regret at the passing of Ms. Georgia Francis Hatcher.

HR 759. By Representative Brooks of the 34th:
A resolution expressing regret at the passing of Mrs. Rebie Virginia Wellington Brooks.

HR 760. By Representatives Brooks of the 34th and McKinney of the 40th: A resolution expressing regret at the passing of Ms. Amelia Smith.

HR 761. By Representatives Brooks of the 34th and McKinney of the 40th: A resolution expressing regret at the passing of Mr. Othello "Chico" Renfroe.

HR 762. By Representatives Brooks of the 34th and McKinney of the 40th: A resolution expressing regret at the passing of Mr. Otis L. Thorpe.

218

JOURNAL OF THE HOUSE,

HR 763. By Representatives Brooks of the 34th and McKinney of the 40th: A resolution expressing regret at the passing of Mr. Charles H. King, Jr.

HR 764. By Representatives Brooks of the 34th and McKinney of the 40th:
A resolution commending Honorable Frank M. Johnson for his many contributions to his state and his country.

HR 765. By Representatives Brooks of the 34th and McKinney of the 40th:
A resolution expressing regret at the passing of Honorable Isabel Gates Webster.

HR 766. By Representatives Brooks of the 34th and McKinney of the 40th: A resolution expressing regret at the passing of Mr. J. Lowell Ware.

HR 767. By Representatives Brooks of the 34th and McKinney of the 40th: A resolution expressing regret at the passing of Mrs. Clara Camp Roberts.

HR 768. By Representatives Brooks of the 34th and McKinney of the 40th:
A resolution expressing regret at the untimely passing of Ms. Jacque Sue Maddox.

HR 769. By Representatives Brooks of the 34th and McKinney of the 40th:
A resolution expressing regret at the passing of Honorable Floyd B. McKissick.

HR 775. By Representatives Thomas of the 55th, Turnquest of the 56th, Baker of the 51st, Williams of the 54th and Redding of the 50th:
A resolution welcoming the Reverend Jerry D. Black.

HR 776. By Representative Harris of the 84th: A resolution commending Mrs. Elma Jean Cody Lazenby.

HR 777. By Representative Harris of the 84th: A resolution commending Mr. Luther H. Wilson, Jr.

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

Mr. Speaker:

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

HB 1193 Do Pass, by Substitute HB 1195 Do Pass HB 1196 Do Pass HB 1197 Do Pass, by Substitute

HB 1199 Do Pass HB 1232 Do Pass HB 1233 Do Pass, by Substitute

MONDAY, FEBRUARY 3, 1992

219

Respectfully submitted, /s/ Reaves of the 147th
Chairman

Representative Coleman of the 118th 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 1262 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
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 1216 Do Pass HB 1234 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 38 Do Pass HB 394 Do Pass, by Substitute HB 588 Do Pass, by Substitute HB 633 Do Pass HB 801 Do Pass

HB 900 Do Pass HB 914 Do Pass HB 1229 Do Pass HB 1230 Do Pass

Respectfully submitted, /s/ Cummings of the 17th
Chairman

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

Mr. Speaker:

220

JOURNAL OF THE HOUSE,

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

HB 1204 Do Pass, as Amended HB 750 Do Pass HB 1102 Do Pass, by Substitute

HB 1130 Do Pass, as Amended SB 119 Do Pass

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

The following communications from the Secretary of State were 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 who have registered in the Docket of Legislative Appearance as of January 24, 1992, in accordance with Georgia Law 1970, pp. 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 24th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-Two and of the Independence of the United States of America the Two Hundred and Sixteenth.

(SEAL)

/s/ Max Cleland Secretary of State

James Bell (1289) P.O. Box 821 Lithia Springs, GA 30057 National Organization for the
Reform of Marijuana Laws
Matthew Billips (1291) 3951 Snapfinger Parkway Decatur, GA 30035 Ga. Association of Educators
Peter Bluestone (1270) 429 Moreland Avenue Atlanta, GA 30307 Ga. Enviromental Project
Carol Ash Bradley (1306) 115 Pheasant Drive Marietta, GA 30067 Professional Association of Ga.
Educators
Kenneth H. Breeden (1308) 660 South Tower One CNN Center Atlanta, GA 30303-2705 Ga. Department of Technical
& Adult Education

Doug Breitenbach (1302) 1001 Pennsylvania Avenue Suite 500 Washington, DC 20004 American Council of Life Insurance
Paul Broun, Jr. (1264) 1930 Iris Drive Conyers, GA 30207 Georgia Wildlife Federation
Betsy Brown (1257) 2228 Major Loring Way Marietta, GA 30064 Schering Corporation
Chet Bryant (1316) 270 Washington Street Atlanta, GA 30334 Ga. Department of Revenue, Alcohol
& Tobacco Tax Unit

MONDAY, FEBRUARY 3, 1992

221

Neil H. Buckingham (1262) P. 0. Box 60193 Room 1536 New Orleans, LA 70160 Shell Oil Company Shell Offshore Inc. Shell Western E&P Inc. Shell Pipeline Corporation Shell Chemical Company
Paul Burks (1250) Room 401 254 Washington Street, SW Atlanta, GA 30334 Georgia Office of Energy Resources
Kaye Jones Carter (1286) 433 Judicial Building Atlanta, GA 30334 Court of Appeals of Ga.
Marcus E. Collins, Sr. (1307) 410 Trinity Washington Building Atlanta, GA 30334 Ga. Department of Revenue
Sharon Cotter (1273) 429 Moreland Ave. Atlanta, GA 30307 Ga. Enviromental Project
Ann W. Cramer (1248) Suite 3145 1201 W. Peachtree St. Atlanta, GA 30367-1200 IBM Corporation
Tina Crawford (1323) 1104 Northlake Mall Atlanta, GA 30345 League of Women Voters of Ga.
Robert C. Davidson (1293) 1800 Parkway Place Suite 1030 Marietta, GA 30067 Dow Elanco
Othal T. Davis, Jr. (1255) 1838 Stewart Avenue, S.W. Atlanta, GA 30315 Sheet Metal Workers Local Union # 85
Frank M. Deaver (1281) Trust Company Bank 25 Park Place Atlanta, GA 30302 Trust Company Bank

Don Decolaines (1329) P.O. Box 2471 Augusta, GA 30903 Private Rehabilitation Suppliers
of Georgia
Lock Dethero (1247) 1234 Druid Oaks Atlanta, GA 30329 Sierra Club
Robin Finck (1275) 429 Moreland Avenue Atlanta, GA 30307 Ga. Enviromental Project
Martha Ford, RN (1309) 1362 West Peachtree Street Atlanta, GA 30309 Ga. Nurses Association
Scott E. Garrison (1272) 429 Moreland Avenue Atlanta, GA 30307 Ga. Enviromental Project
Nan W. Golden (1330) ICR&R 337 S. Milledge Ave., Suite 116 Athens, GA 30601 Private Rehabilitation Suppliers
of Georgia
David Goudelock (1333) P.O. Box 941670 Atlanta, GA 30341 Private Rehabilitation Suppliers
of Ga.
Clark Gregory (1321) 660 Elkmont Drive, NE Atlanta, GA 30306-3623 Fulton County Soil & Water
Conservation District
Martha S. Grindle (1312) Rt. 5 Box 5014 Cleveland, GA 30528 Professional Association of Ga.
Educators
Kirn Haines (1305) 202 N. Sandy Beach Rd. Leesburg, GA 31763 Ga. Right to Life Albany Chapter Family Concerns, Inc.
Susan Holland (1246) 1809 Walthall Drive Atlanta, GA 30311 Seirra Club

222

JOURNAL OF THE HOUSE,

H. Wayne Howell (1285) P.O. Box 127 Fayetteville, GA 30214 Secretary of State Ethics Committee
Nell Jones (1263) 1930 Iris Drive Conyers, GA 30207 Georgia Wildlife Federation
Charles R. Keith (1294) 7088 Babbling Brook Drive Jonesboro, GA 30236 Christian Coalition
Patrick Kessing (1268) 429 Moreland Avenue Atlanta, GA 30307 Ga. Enviromental Project
Rev. O.J. Kinard (1249) P.O. Box 3384 Atlanta, GA 30302 New-Joy, Inc. Homeless Drug Abusers
E. Leila L'Abate (1280) 429 Moreland Ave. Atlanta, GA 30307 Ga. Enviromental Project
William W. Lavigno, III (1288) 882 Main Street Suite 130 Conyers, GA 30207 Council of Juvenile Court Judges
of Ga
Barbara A. Lengyel (1253) 10 Park Place South Suite 540 Atlanta, GA 30303 Council of Juvenile Court Judges
Barbara A. Lengyel (1252) 10 Park Place South Suite 540 Atlanta, GA 30303 Council of Juvenile Court Judges
Lynn Smith Long (1331) P.O. Box 2291 Lilburn, GA 30226 Private Rehabilitation Suppliers
of Georgia
James E. Marshall (1256) 1838 Stewart Avenue, S.W. Atlanta, GA 30315 Sheet Metal Workers Local Union # 85

Marie D. Mitchell (1314) 715 McLendon Street Ashburn, GA 31714 Professional Association of Ga.
Educators
Norm Moye (1307) 660 South Tower One CNN Center Atlanta, GA 30303-2705 Ga. Department of Technical & Adult
Education
R. Khan McClellan (1295) 201 Washington Street 3rd Floor Atlanta, GA 30303 Public Assistance Coalition
R. Sean McEvoy (1279) 429 Moreland Avenue Atlanta, GA 30307 Ga. Enviromental Project
Timothy A. Pape (1326) Old Floyd County Courthouse Rome, GA 30161 Council of Juvenile Court Judges
Melba M. Priestley (1315) 3700 B Market Street Clarkston, GA 30021 Professional Association of Ga.
Educators
Robert E. Priestley (1266) 3700 B Market Street Clarkston, GA 31408 Professional Assoc. of Ga. Educators
Glenn K. Reeves (1265) 1930 Iris Drive Conyers, GA 30207 Georgia Wildlife Federation
William Revis (1318) Phoenix Center P.O. Box 666 Atlanta, GA 30349 Jaycees
Pennee J. Rowland (1304) 683 Gingercake Rd. Fayetteville, GA 30214 Pro Family GRTL (Fayette County Chapter)
Rex R. Ruff (1254) 10 Park Place South Suite 540 Atlanta, GA 30303 Council of Juvenile Court Judges

MONDAY, FEBRUARY 3, 1992

223

Vicki J. Sadler (1328) P.O. Box 928 Snellville, GA 30278 Private Rehabilitation Providers
of Georgia

Chip Spradley (1298) P.O. Box 450981 Atlanta, GA 30345 Georgians' Against Smoking Pollution Georgia Real Estate Investors Assn.

Dan Salmond (1274) 429 Moreland Ave Atlanta, GA 30307 Ga. Enviromental Project
C. David Saye (1335) Ga. Public Safety Training Ctr. Forsyth, GA 31029 Ga. Public Safety Training Center,
Agency Head Ga. Police Academy, Acting
Superintendent Ga. Fire Academy, Acting
Superintendent
Wayne Shackelford (1296) No. 2 Capitol Square Atlanta, GA 30334 Ga. Department of Transportation
Earl T. Shinhoster (1260) 970 M. L. King Jr. Drive Atlanta, GA 30314 Nat. Assoc. for the Advancement
of Colored People
David Shore (1282) 5120 Hensley Drive Dunwoody, GA 30338 Life Worthy of Life Concrete Change American Disabled for Attendent
Programs Today
Calvin E. Sims, Sr. (1313) 501 Pulliam Street, S.W. Atlanta, GA 30312 Amalgamated Transit Union Local 732
Pamela Sloane (1292) 3951 Snapfinger Parkway Decatur, GA 30035 Ga. Association of Educators
Rodney Smith (1277) 429 Moreland Avenue Atlanta, GA 30307 Ga. Enviromental Project

John P. Stevens (1324) 2 Peachtree Street, N.W. Atlanta, GA 30383 Wachovia Bank of Ga., N.A. Wachovia Corporation First Atlanta Corporation
Joe D. Tanner (1311) 205 Butler Street Suite 1252 Atlanta, GA 30334 Georgia Dept. of Natural Resources
Nora Torres (1276) 429 Moreland Avenue Atlanta, GA 30307 Ga. Enviromental Project
John Paul Vail (1334) 2 Martin Luther King Drive Suite 2062 East Tower Atlanta, GA 30334 Ga. State Department of Education
Ralph Washington (1320) 70 Fairlie St. Suite 500 Atlanta, GA 30303 Atlanta Business League
Ron Williams (1290) P.O. Box 821 Lithia Springs, GA 30057 National Organization for the Reform
of Marijuana Laws
Travis Williams (1310) 434 T/W Building Atlanta, GA 30334 Ga. Department of Revenue
Judge David Wood (1283) 129 DeKalb Public Safety Bldg. 4400 Memorial Drive Decatur, GA 30032 Magistrate Court of DeKalb County Council of Magistrate Court Judges

J. D. Sobol (1261) 2640 NW 17th Lane Pompano Beach, FL 33064 3M National Advertising Company

Clifford D. Woods (1259) P.O. Box 238 Oglethorpe, GA 31068 Procter & Gamble

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

224

JOURNAL OF THE HOUSE,

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of associations who have registered in the Docket of Legislative Appearance as of January 31, 1992, in accordance with Georgia Law 1970, page 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 24th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-Two and of the Independence of the United States of America the Two Hundred and Sixteenth.

(SEAL)

/s/ Max Cleland Secretary of State

Carolyn Brinson Barbree (1365) Box 698 Brinson, GA 31725 Georgia Citizens for the Arts Georgia Education Association
Dorothy Toth Beasley (1355) 402 State Judicial Building Atlanta, GA 30334 Court of Appeals of Georgia Georgia Judicial Branch Institute of Continuing Judicial
Education Administrative Office
of the Courts
Ginger Booton (1370) 3122 Enfield Point Marietta, GA 30068 Georgia Council for
Children's Rights
Anne D. Burnett (1341) Two Northside 75 Suite 124 Atlanta, GA 30318-7784 Subsequent Injury Trust Fund
William H. Burt (1368) 8341 Merrymount Dr. Nashville, TN 37221 Boehringer Ingelheim
Pharmaceuticals Inc.
Angela Arkin Byne (1384) 125 Kirker Street Ellijay, GA 30540 Child Support Asst. D.A.
Legislative Committee
Millie Carrier (1379) 8352 Highland Dr. Hiram, GA 30141 DARE-Disable Americans
Rallying for Equality

Carol Ann Dalton (1354) 100 Edgewood Ave., NE Suite 1228 Atlanta, GA 30303 Urban Study Institute, Inc.
Richard J. Dewitt (1358) 100 Hartsfield Centre Parkway Suite 400 Atlanta, GA 30354 Georgia Public
Communications Assn.
Richard M. Dieter, MD (1344) 4024 Cumberland Glen Lane Smyrna, GA 30080 Lennard and Rychlik
Newton M. Galloway (1363) 101 S. Hill Street Griffin, GA 30224 Georgia Public
Communications Assn.
Dave Gladney (1383) 233 Peachtree Street Suite 200 Atlanta, GA 30303 Georgia Chamber of Commerce
Alan C. Harvey (1353) 309 Sycamore Street Decatur, GA 30030 Council of Magistrate
Court Judges
Al Hatcher (1371) 1007 Virginia Ave. Suite 310 Hapeville, GA 30354 Georgia Public
Service Commission

MONDAY, FEBRUARY 3, 1992

225

Al Hatcher (1385) 1007 Virginia Ave. Suite 310 Hapeville, GA 30354 Ga. Public Service Commission
Nancy H. Jackson (1350) P.O. Box 816 Griffin, GA 30224 Georgia PTA
Frankie H. Lovvorn (1340) 351 Thorn ton Road Suite 119 Lithia Springs, GA 30057 Georgia Peach Officer
Standards and Training Council
Walker McCone (1338) 1575 Northside Drive Suite 250 Atlanta, GA 30318 Atlanta Healthcare Alliance
Sandra C. Mershon (1376) 222 East Lake Drive Decatur, GA 30030 Atlanta Clergy &
Laity Concerned
Rick McDevitt (1375) 34 Peachtree Street Suite 2180 Atlanta, GA 30303 Ga. Alliance for
Children, Inc.
John W. Oxendine (1382) 2230 Scenic Hwy Suite 2000 Snellville, GA 30278 Saint Josephs' Hospital Oxendine and Associates, P.C.
C. L. Parker (1377) P.O. Box 2126 Acworth, GA 30101 Ga. State Pest
Control Association
M.C. Pritchard (1356) 814 Church Street Waycross, GA 31501 Council of Juvenile Court Judges
Jeanie Ray (1362) 100 Hartsfield Centre Parkway Suite 400 Atlanta, GA 30354 Georgia Public
Communications Association

Nora Reese-Laughlin (1374) P.O. Box 201 Warner Robins, GA 31093 L & R Marketing &
Consulting Firm
Robert B. Remar (1380) # 900 133 Carnegie Way, NW Atlanta, GA 30303 Ga. Psychological Association
Gail Scarboro (1336) 1100 Johnson Ferry Road, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health Services
of the South
Barry Selvidge (1361) 1150 North Meadow Parkway Suite 118 Roswell, GA 30076 Georgia Public
Communications Association
Frances Smith (1351) 1402 Oakview Drive Griffin, GA 30224 Georgia PTA
Glenn Smith (1378) P.O. Box 11307 Macon, GA 31212 Georgia Cattlemens' Association
Paula Smith (1337) 1100 Johnson Ferry Road, NE Suite 510 Atlanta, GA 30342-1701 Mercy Health Services
of the South
Viki E. Staley (1339) 938 Peachtree Street Atlanta, GA 30309 Children & Youth
Coordinating Council
James S. Stokes (1387) One Atlantic Center 1201 W. Peachtree St. Atlanta, GA 30309-3424 Ga. Chamber of Commerce General Electric Corporation

226

JOURNAL OF THE HOUSE,

Alice Holmes Washington (1381) 1848 Galloway Dr., N. W. Atlanta, GA 30314 South Fulton Retired
Teachers Association

Andrew J. Whalen, III (1364) 101 S. Hill Street Griffin, GA 30224 Georgia Public
Communications Association

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

TUESDAY, FEBRUARY 4, 1992

227

Representative Hall, Atlanta, Georgia Tuesday, February 4, 1992

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Henry Cannington, Jr., Pastor, Corinth Baptist Church, Lake Park, Georgia.
The members pledged allegiance to the flag.
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 1354. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act providing for the election of the members of the Board of Education of Henry County from districts, so as to reapportion the districts from which members of the Board of Education of Henry County are elected.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1355. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act providing a new Board of Commissioners of Henry County, so as to reapportion commissioner districts for the election of members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

228

JOURNAL OF THE HOUSE,

HB 1356. By Representatives Oliver of the 53rd, Sinkfield of the 37th, Herbert of the 76th, Hamilton of the 124th, Baker of the 51st and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide a statement of legislative purpose and intent; to authorize certain programs of care and activities before school, after school, and during vacation periods for school age children.
Referred to the Committee on Education.

HB 1357. By Representatives Royal of the 144th, Long of the 142nd, Chambless of the 133rd and Titus of the 143rd:
A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to the creation of juvenile courts, so as to repeal certain provisions prohibiting the practice of law by juvenile judges appointed in a circuit with a population of 160,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to the Committee on Judiciary.

HB 1358. By Representatives Royal of the 144th, Long of the 142nd, Chambless of the 133rd and Titus of the 143rd:
A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to the creation of juvenile courts, so as to provide for prohibitions with respect to the practice of law by juvenile judges appointed in a circuit with a population of 180,000 or more according to the United States decennial census of 1990 or any future such census.
Referred to the Committee on Judiciary.

HB 1359. By Representative Royal of the 144th:
A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the composition of the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1360. By Representatives Chafin of the 72nd, Atkins of the 21st, Parham of the 105th, Parrish of the 109th and Twiggs of the 4th:
A bill to amend Code Section 26-4-2 of the Official Code of Georgia Annotated, relating to definitions in the pharmacists and pharmacies chapter, so as to provide for a definition for doctor of pharmacy.
Referred to the Committee on Health & Ecology.

HB 1361. By Representative Parham of the 105th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Georgia Folk Festival as the official state folk festival.
Referred to the Committee on State Planning & Community Affairs.

TUESDAY, FEBRUARY 4, 1992

229

HB 1362. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to provide that the governing authority of any county may contract with the governing authority of any municipality within the county for the county to furnish municipal court services through its state court.
Referred to the Committee on Judiciary.

HB 1363. By Representative McKinney of the 35th:
A bill to amend the "City of Atlanta and Fulton County Recreation Authority Act," so as to change the composition of the authority and provide for the appointment of additional members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1364. By Representative McKinney of the 35th:
A bill to repeal an Act approved April 4, 1991, providing that in Fulton County a residential property developer or builder shall obtain a certificate of approval from a registered engineer before building or developing within 500 feet of any lake in a residential area.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1365. By Representative Balkcom of the 140th:
A bill to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife and the privilege to hunt, fish, or trap wildlife, so as to provide for the suspension of certain privileges for certain offenses.
Referred to the Committee on Game, Fish & Parks.

HB 1366. By Representative Royal of the 144th:
A bill to amend an Act providing for the election of the members of the Board of Education of Mitchell County, so as to change the composition of the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1369. 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 require additional information on certain lists of electors; to authorize certain absentee electors to make applications for absentee ballots by facsimile transmission.
Referred to the Committee on State Planning & Community Affairs.

HB 1370. By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, so as to provide for commissioner districts and posts.
Referred to the Committee on State Planning & Community Affairs - Local.

230

JOURNAL OF THE HOUSE,

HB 1371. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to change certain provisions relating to residency requirements.
Referred to the Committee on Governmental Affairs.
HB 1372. By Representatives Holmes of the 28th and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise certain duties of the State Election Board.
Referred to the Committee on State Planning & Community Affairs.
HB 1373. By Representative Branch of the 137th:
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 prohibit any person from leaving or allowing to remain in certain places any abandoned, junked, or discarded motor vehicle under certain circumstances.
Referred to the Committee on Motor Vehicles.
HB 1374. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections and primaries, so as to provide for the comprehensive revision of provisions regarding contested primaries and elections.
Referred to the Committee on Governmental Affairs.
HB 1375. By Representatives Holmes of the 28th, Walker of the 115th, Coleman of the 118th, Connell of the 87th, Thurmond of the 67th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions of property from ad valorem taxation, so as to provide that property of certain community service organizations shall be exempt from all ad valorem property taxes in this state.
Referred to the Committee on Ways & Means.
HB 1376. By Representative Simpson of the 70th:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody, so as to provide that if the custodial parent moves outside the state it shall be deemed a change in material conditions or circumstances to allow a review and modification of visitation rights.
Referred to the Committee on Judiciary.

HB 1377. By Representatives Flynt of the 75th, Dover of the llth, Adams of the 79th, Buckner of the 72nd, Hammond of the 20th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the definition of a taxable nonresident; to provide for the allocation of income of a taxable nonresident; to change the definition of wages with respect to certain nonresidents.
Referred to the Committee on Ways & Means.

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231

HB 1378. By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that any computerized index relating to a public record shall be printed for purposes of public inspection no less than every 20 days and that any correction made on such index shall be made a part of the printout and shall reflect the time and date that said index was corrected.
Referred to the Committee on Judiciary.

HB 1379. By Representative Purcell of the 129th:
A bill to amend an Act which reconstitutes the board of education of Effingham County School District, so as to provide for the election and terms of office of the members of the board; to reapportion the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1380. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to voter registration cards, so as to authorize the Secretary of State to reimburse counties when new cards are required to be issued because of court order or reapportionment.
Referred to the Committee on Governmental Affairs.
HB 1381. By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act providing for the election of members of the Board of Education of Bryan County, so as to reapportion the education districts and posts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1382. By Representative Purcell of the 129th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1383. By Representatives Oliver of the 53rd and Porter of the 119th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that the trier of fact determine whether accident and sickness insurance for children is available at reasonable costs; to provide that the trier of fact may order insurance coverage.
Referred to the Committee on Judiciary.

HB 1384. By Representatives Oliver of the 53rd and Porter of the 119th:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to provide that services by the Department of Human Resources shall continue despite the fact that public assistance is no longer provided; to provide for fees and cost recovery for child support services.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 1385. By Representatives Patten of the 149th and Dobbs of the 74th:
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," so as to provide a further statement of policy; to define certain terms; to provide certain powers and duties of the Board of Natural Resources.
Referred to the Committee on Natural Resources & Environment.
HB 1386. By Representatives Patten of the 149th and Dobbs of the 74th:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding solid waste management, so as to provide for and revise certain definitions; to provide for additional powers of the Board of Natural Resources.
Referred to the Committee on Natural Resources & Environment.
HB 1387. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, so as to authorize the establishment and operation of programs of volunteer services to the department to facilitate, amplify, or supplement the objectives and functions of the department on publicly owned or operated and not privately owned or operated lands and property.
Referred to the Committee on Natural Resources & Environment.
HB 1388. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to repeal the "Facade and Conservation Easements Act of 1976"; to enact the "Georgia Uniform Conservation Easement Act".
Referred to the Committee on Natural Resources & Environment.

HB 1389. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to provide a statement of legislative findings.
Referred to the Committee on Natural Resources & Environment.

HB 1390. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide procedures for removing structures located on or over tidewaters, navigable streams, and navigable rivers of the state which are used as places of habitation.
Referred to the Committee on Natural Resources & Environment.

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233

HB 1391. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to purposes, powers, and duties of the Georgia Environmental Facilities Authority, so as to provide that certain funds of the authority can be used for solid waste loan purposes.
Referred to the Committee on Appropriations.

HB 1392. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to establish certain new licenses and tags; to increase the fees for certain licenses and stamps; to change the duration of certain licenses; to abolish certain licenses and permits; to amend Code Section 52-7-5, relating to the numbering of vessels using the waters of this state, so as to change the fees for registering boats.
Referred to the Committee on Game, Fish & Parks.

HB 1393. By Representative Smith of the 78th:
A bill to amend an Act providing for the election of the members of the Board of Education of Butts County, so as to reapportion the education districts for the election of members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1394. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, so as to provide for instances when persons are not aggrieved or adversely affected, and to provide for disposition of certain moneys and civil penalties collected by the division.
Referred to the Committee on Natural Resources & Environment.

HB 1395. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to forms of payment of taxes and license fees to the state revenue commissioner, so as to provide for the payment of certain taxes by electronic funds transfer.
Referred to the Committee on Ways & Means.

HB 1396. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, so as to change certain provisions governing sharing of revenues resulting from enforcement of load limitations.
Referred to the Committee on Transportation.

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JOURNAL OF THE HOUSE,

HB 1397. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to reduce certain time periods in which certain property is presumed abandoned; to reduce the time period in which certain persons are presumed to have died.
Referred to the Committee on Ways & Means.

HB 1398. By Representative Thomas of the 31st:
A bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor general of said circuit, so as to provide that the salaries of assistant district attorneys in the Atlanta Judicial Circuit shall be fixed by the district attorney at not less than $10,000.00 nor more than $63,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1399. By Representatives Holland of the 136th, Porter of the 119th, Jamieson of the llth, Baker of the 51st, Floyd of the 135th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, so as to provide tax credits for certain businesses in certain counties.
Referred to the Committee on Ways & Means.

HB 1400. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for cash management policies and procedures and for forms, reports, and plans; to provide for a cash management officer; to provide for fees for the state's banking services.
Referred to the Committee on Ways & Means.

HB 1401. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to anend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide that the social security account numbers of parents shall be entered on a certificate of birth.
Referred to the Committee on Health & Ecology.

HB 1402. By Representative Selman of the 32nd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to require each provider of liability and casualty insurance to establish a customer affairs and information department to respond to policy-holder inquiries and complaints.
Referred to the Committee on Insurance.

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235

HB 1403. By Representatives Hammond of the 20th, Aiken of the 21st, Atkins of the 21st, Mills of the 20th, Cauthorn of the 20th and others:
A bill to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to change the dates of expiration of the terms of office of board members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1404. By Representatives Brooks of the 34th, White of the 132nd, Cummings of the 134th, Holmes of the 28th, Thurmond of the 67th and others:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1405. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide a tax amnesty program.
Referred to the Committee on Ways & Means.

HB 1406. By Representatives Brooks of the 34th, McKinney of the 40th, Cummings of the 134th, White of the 132nd and Brown of the 88th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1407. By Representatives Brooks of the 34th, McKinney of the 40th, Cummings of the 134th, White of the 132nd and Brown of the 88th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state representative districts.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1408. By Representative Jenkins of the 80th:
A bill to amend Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive planning and zoning by counties and municipalities, so as to provide for planning and zoning within the areas of inactive municipalities.
Referred to the Committee on State Planning & Community Affairs.

236

JOURNAL OF THE HOUSE,

HB 1409. By Representative Smith of the 78th:
A bill to amend an Act creating the Board of Commissioners of Butts County, so as to reapportion the commissioner districts for the election of members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1410. By Representative Lane of the 27th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the administration of certain special districts for local government services.
Referred to the Committee on State Planning & Community Affairs.

HB 1411. By Representatives Lane of the 27th, Selman of the 32nd, McKinney of the 35th, Davis of the 29th, Felton of the 22nd and others:
A bill to provide a homestead exemption from all Fulton 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 are 70 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1412. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Patten of the 149th:
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 provide that the Department of Education shall develop materials and resource guides for an environmental education and recycling awareness program for public schools.
Referred to the Committee on Education.

HB 1413. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change the compensation of the chairperson and other members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1414. By Representatives Carter of the 146th, Reaves of the 147th, Hudson of the 117th, Birdsong of the 104th, Streat of the 139th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for a new Chapter 16 to be entitled the "Perishable Agricultural Commodity Act of Georgia".
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1415. By Representatives Holland of the 136th, Ray of the 98th and Hudson of the 117th:
A bill to amend Code Section 11-9-312 of the Official Code of Georgia Annotated, relating to priorities among conflicting security interests in the same collateral, so as to provide that certain perfected production loans shall take priority over certain earlier perfected security interests.
Referred to the Committee on Special Judiciary.

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237

HB 1416. By Representatives Holland of the 136th, Adams of the 79th, Jenkins of the 80th, Poston of the 2nd and Skipper of the 116th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related matters relative to insurance, so as to provide that no insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance for accidents involving a firefighter or emergency medical technician while on duty.
Referred to the Committee on Insurance.
HB 1417. By Representative Carter of the 146th:
A bill to amend Code Section 40-6-311 of the Official Code of Georgia Annotated, relating to manner of riding a motorcycle in general, so as to provide that no operator of a motorcycle shall carry any person as a passenger who is under the age of ten years old.
Referred to the Committee on Motor Vehicles.

HB 1418. By Representatives Dobbs of the 74th, Lane of the lllth and Balkcom of the 140th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide that falconers comply with certain federal regulations; to delete certain requirements relating to an annual inventory of raptors; to require a report of acquisition and disposition of raptors.
Referred to the Committee on Game, Fish & Parks.

HB 1419. By Representatives Holland of the 136th, Ray of the 98th, Skipper of the 116th, Streat of the 139th and Hudson of the 117th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions relative to sales and use taxes, so as to provide that the routine repair of farm equipment, milling machinery, and farm related machinery shall not constitute a fabrication within the meaning of such Code section.
Referred to the Committee on Ways & Means.

HB 1420. By Representatives Holland of the 136th, Ray of the 98th and Hudson of the 117th:
A bill to amend Code Section 11-9-203 of the Official Code of Georgia Annotated, relating to the attachment and enforceability of security interests, so as to provide that a security interest in future crops shall not attach to the portion of the crops due to a sharecropper.
Referred to the Committee on Special Judiciary.

HB 1421. By Representatives Holland of the 136th, Campbell of the 23rd, Clark of the 20th, Walker of the 115th, Poston of the 2nd and others:
A bill to amend Code Section 33-3-28 of the Official Code of Georgia Annotated, relating to requests by a claimant for information relating to insurance, so as to provide that every insurer providing liability or casualty insurance shall provide certain information to the claimant's attorney upon request.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

HB 1422. By Representatives Streat of the 139th, Mobley of the 64th, Groover of the 99th, Smith of the 152nd, Watson of the 114th and others:
A bill to amend Code Section 46-2-25.1 of the Official Code of Georgia Annotated, relating to county-wide local calling, so as to provide that the exemption from the requirements of said Code section granted by the Public Service Commission for coin operated customer owned telephones and local exchange company coin telephones shall not be extended past June 1, 1992.
Referred to the Committee on Industry.

HB 1423. By Representatives Holland of the 136th, Poston of the 2nd, Culbreth of the 97th and Adams of the 79th:
A bill to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to the rights of public officers and employees absent on military duty as members of organized militia or reserve forces, so as to provide that such persons may use accumulated sick leave for certain periods of absence while performing certain military duty.
Referred to the Committee on Governmental Affairs.

HB 1424. By Representative Davis of the 77th:
A bill to amend Code Section 9-11-37 of the Official Code of Georgia Annotated, relating to failure to make discovery, motion to compel, sanctions, and expenses, so as to provide that sanctions may not be imposed under said Code section without notice, an evidentiary hearing, opportunity for oral argument, and a written finding of fact and conclusion of law regarding willfullness.
Referred to the Committee on Special Judiciary.

HB 1425. By Representatives Watts of the 41st, Twiggs of the 4th and Dover of the llth:
A bill to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term "plumbing".
Referred to the Committee on Industry.

HB 1426. By Representative Dunn of the 73rd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes relative to insurance, so as to change the time and method of collection of county and municipal premium taxes of life insurance companies and other types of insurance companies.
Referred to the Committee on Insurance.

HB 1427. By Representative Davis of the 77th:
A bill to amend an Act providing for election of members of the Heard County Board of Education and related matters, so as to reapportion the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

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239

HB 1428. By Representative Davis of the 77th:
A bill to amend Code Section 48-5-29 of the Official Code of Georgia Annotated, relating to jurisdiction of the superior court in ad valorem property tax litigation, so as to provide that, in order to maintain certain civil actions, appeals, or affidavits of illegality filed under this title, an aggrieved taxpayer must pay the amount of taxes assessed before said taxes become delinquent.
Referred to the Committee on Ways & Means.

HB 1429. By Representative Alford of the 57th:
A bill to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, so as to provide for the participation of private persons or entities in the ownership, design, financing, construction, operation, and maintenance of projects.
Referred to the Committee on Transportation.

HB 1430. By Representative Meadows of the 91st:
A bill to amend an Act placing the clerk of the Superior Court of Talbot County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1431. By Representative Meadows of the 91st:
A bill to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1432. By Representative Meadows of the 91st:
A bill to amend an Act changing the compensation of the sheriff of Talbot County from the fee system to the salary system, so as to change the compensation of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1433. By Representative Meadows of the 91st:
A bill to abolish the present method of compensating the judge of the Probate Court of Talbot County, known as the fee system; to provide in lieu thereof an annual salary.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1434. By Representative Dixon of the 151st:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain exceptions to the requirements for licensing hearing aid dealers and dispensers and speechlanguage pathologists and audiologists.
Referred to the Committee on Health & Ecology.

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JOURNAL OF THE HOUSE,

HB 1435. By Representatives Hammond of the 20th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to extend the privileged communications between psychiatrists and patients; to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend the privileged communications between psychologists and clients.
Referred to the Committee on Judiciary.

HB 1436. By Representatives Wilder of the 21st, Aiken of the 21st, Hammond of the 20th, Coker of the 21st, Vaughan of the 20th and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the compensation of the chairman and other members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1437. By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th and Randall of the 101st:
A bill to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, so as to authorize certain coliseum authorities to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by such authorities.
Referred to the Committee on Regulated Beverages.

HB 1438. By Representatives Alford of the 57th and Patten of the 149th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide a short title; to provide legislative findings and a statement of intent; to define certain terms; to establish a community right to know fund and provide for matters related thereto.
Referred to the Committee on Natural Resources & Environment.

HB 1439. By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to substantially revise Chapter 9, "The Georgia Air Quality Act of 1978," so as to define certain terms.
Referred to the Committee on Natural Resources & Environment.

HB 1440. By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th:
A bill to amend Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to the control of vehicle emissions, so as to broaden the application of certain requirements for emission inspection; to provide a short title.
Referred to the Committee on Motor Vehicles.

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241

HR 731. By Representatives Twiggs of the 4th, Atkins of the 21st, Parham of the 105th, Parrish of the 109th, Chafin of the 72nd and others:
A resolution creating the House State Health Benefit Plan Pharmacy Program Study Committee.
Referred to the Committee on Rules.

HR 732. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
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 Appropriations.

HR 733. By Representative Lane of the 27th:
A resolution creating the House License, Occupation, and Professional Tax Study Committee.
Referred to the Committee on Rules.

HR 734. By Representatives Royal of the 144th, Colwell of the 4th and Murphy of the 18th:
A resolution designating the Jimmy Autry Correctional Institution.
Referred to the Committee on State Institutions & Property.

HR 771. By Representatives Streat of the 139th, Benefield of the 72nd, Cheeks of the 89th, Snow of the 1st and Carrell of the 65th:
A resolution urging the Department of Transportation to adopt a standard design for roadway signs to warn drivers that logging trucks are entering the highway.
Referred to the Committee on Transportation.

HR 772. By Representatives Streat of the 139th, Reaves of the 147th, Carter of the 146th, Selman of the 32nd, Walker of the 115th and others:
A resolution urging study of the feasibility of commercial production and farming of ostriches in this state.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 773. By Representatives Atkins of the 21st, Klein of the 21st and Aiken of the 21st:
A resolution opposing construction of the proposed East/West connector through the historical Concord Covered Bridge area in Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HR 774. By Representatives Thomas of the 55th, Childers of the 15th, Valenti of the 52nd, Turnquest of the 56th, Martin of the 26th and others:
A resolution creating the House Study Committee on the Regulation of Tattooing.
Referred to the Committee on Rules.

HR 778. By Representative Colwell of the 4th:
A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Athens, Clarke County, Georgia; Macon, Bibb County, Georgia; Moultrie, Colquitt County, Georgia; Thomasville, Thomas County, Georgia; and Tifton, Tift County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 779. By Representative Wilder of the 21st:
A resolution urging the United States Congress to require the United States Department of Health and Human Services to establish by federal regulation a uniform health insurance claim form.
Referred to the Committee on Health & Ecology.

HR 780. 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.

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

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 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

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243

HB 1338 HB 1339 HB 1340 HB 1341 HB 1342 HB 1343 HB 1344 HUDB I1Q3H4C5 H HB B 11334467
HB 1348
HB 1349
HB 1350
HB 1351
HB 1352

HB 1353 HB 1367 HB 1368 HR 721 HR 722 HR 723 Hp 7 rM
HR 725 W HRD 7702C6 HR 727 SB 343 SB 475 SB 495 SB 501

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 1244 Do Pass, by Substitute HB 1245 Do Pass, by Substitute HB 1251 Do Pass, by Substitute

HB 1252 Do Pass, by Substitute HB 1253 Do Pass, as Amended HB 1269 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 1244.

By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the composition of the commissioner districts from which members of the board are elected.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General; to provide when such Act shall be void and repealed; 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 Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, is amended by striking Sections 1 through 3 of said Act and inserting in lieu thereof new Sections 1 through 3 to read as follows:

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"Section 1. The Board of Education of Twiggs County shall be composed of a chairman and four members. The chairman shall be elected from the Twiggs County School District at large. The four members of the board shall be elected from the education districts provided in Section 2 of this Act.
Section 2. (a) Those members of the Board of Education serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified.
(b) For the purpose of electing a Board of Education of Twiggs County, the Twiggs County School District shall be divided into four education districts as follows:
Education District: 1.
TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 101, 108, 109, 110, 111, 112, 113, 125, 126, 127 VTD: 0004 JEFFERSONVILLE VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 122, 123, 135, 136, 137, 139, 140, 141 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 232, 235, 236
Education District: 2
TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0602. Block(s): 342, 343, 363, 375, 376, 377, 378, 379, 380, 384, 395, 396, 397, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 520, 521, 527, 528, 529, 530 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 123C, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 136C, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150A, 150B, 151, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 340, 341, 381, 382, 383, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 431, 432, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 531
Education District: 3
TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0601.98 Block(s): 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 265, 266 Tract: 0602.

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Block(s): 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 357, 358, 359, 360, 361, 362, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 401, 524, 525, 526
VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339
VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 201, 202, 213, 214, 215, 216, 217, 218, 219, 220, 226, 227, 228, 229, 230, 231, 233, 234, 273, 343, 374, 375, 388, 389, 390 Tract: 0602. Block(s): 301, 302, 303, 304, 305, 306, 355, 356, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 522, 523
Education District 4^
TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338, 339, 345, 346, 347, 348, 349, 350, 351, 407, 408 VTD: 0006 PEARSON 1 VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 116, 117, 118, 119, 120, 121, 138, 340, 341, 342, 344, 352, 353, 354, 355, 356, 357, 358, 359, 363, 370, 371, 372, 373, 401, 402, 403, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420, 421A, 422, 423, 424, 425, 426, 427, 428, 429, 430
(c) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Twiggs County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Twiggs County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.

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(d) Each district member of the board of education shall be a resident of the respective education district during the member's term of office, and a candidate for district membership on said board shall have been a resident of the education district for which the candidate offers for election at least one year prior to the date of election. Each person offering for election as a district member of said board shall specify the education district for which the person is offering. Each district member of the board shall be elected by a majority vote of the qualified voters voting within each respective education district. The chairman may reside anywhere within the Twiggs County Education District and shall be elected by a majority of the qualified voters voting at large within the Twiggs County Education District. The chairman shall be a full-voting member of the board. All members of said board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the 'Georgia Election Code.'
Section 3. (a) The terms of office of those members elected from Education Districts 2 and 4 shall expire December 31, 1992. Their successors shall be elected at the general election in November, 1992, from the education districts set forth in this Act and quadrennially thereafter for terms of four years and shall take office on the first day of January immediately following.their election.
(b) The terms of office of the chairman and those members elected from Education Districts 1 and 3 shall expire December 31, 1994. Their successors shall be elected at the general election in November, 1994, and quadrennially thereafter from the education district set forth in this Act for terms of four years and shall take office on the first day of January immediately following their election.
(c) All members shall serve until their successors are elected and qualified."
Section 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Twiggs County are to be elected in the November, 1992, general election and in subsequent general elections and results from changes in population based on the United States decennial census of 1990. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law.
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Twiggs County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

HB 1245.

By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the members of the board are elected.

The following Committee substitute was read and adopted:

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A BILL
To amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the composition of the commissioner districts from which members of the board are elected; to provide for definitions and insertions; to provide for terms; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The chairman of the board of commissioners may reside anywhere within Twiggs County and shall be elected by a majority of the qualified electors of Twiggs County voting at the elections hereinafter provided for in this Act. Any person offering as a candidate for chairman shall have been a resident of Twiggs County for two years immediately preceding the date of election and shall remain a resident of said county during the term of office. The chairman and all other members shall be at least 21 years of age as of the date of taking office. For the purpose of electing the other four members of the board, Twiggs County shall be divided into four commissioner districts as follows:
Commissioner District: 1
TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 101, 108, 109, 110, 111, 112, 113, 125, 126, 127 VTD: 0004 JEFFERSONVILLE VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 122, 123, 135, 136, 137, 139, 140, 141 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 232, 235, 236
Commissioner District: 2
TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0602. Block(s): 342, 343, 363, 375, 376, 377, 378, 379, 380, 384, 395, 396, 397, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 520, 521, 527, 528, 529, 530 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 123C, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 136C, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150A, 150B, 151, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 340, 341, 381, 382, 383, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 431, 432, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452,

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453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 531
Commissioner District: 3
TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0601.98 Block(s): 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 265, 266 Tract: 0602. Block(s): 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 357, 358, 359, 360, 361, 362, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 401, 524, 525, 526 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 201, 202, 213, 214, 215, 216, 217, 218, 219, 220, 226, 227, 228, 229, 230, 231, 233, 234, 273, 343, 374, 375, 388, 389, 390 Tract: 0602. Block(s): 301, 302, 303, 304, 305, 306, 355, 356, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 522, 523
Commissioner District: 4
TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338, 339, 345, 346, 347, 348, 349, 350, 351, 407, 408 VTD: 0006 PEARSON 1 VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 116, 117, 118, 119, 120, 121, 138, 340, 341, 342, 344, 352, 353, 354, 355, 356, 357, 358, 359, 363, 370, 371, 372, 373, 401, 402, 403, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420, 421A, 422, 423, 424, 425, 426, 427, 428, 429, 430
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on

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249

the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Twiggs County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Twiggs County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Those members serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected. At the general election in November, 1994, the four members of the board shall be elected from the commissioner districts provided for in Section 2 of this Act for terms of four years beginning January 1, 1995, and until their successors are elected and qualified. The chairman shall be elected as provided in Section 2 of this Act at the general election in November, 1994, for a term of four years and until a successor is elected and qualified. Thereafter, successors to the chairman and the four members of the board elected from commissioner districts shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Twiggs County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

HB 1251.

By Representatives Floyd of the 154th and Purcell of the 129th:
A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for a seven-member board of commissioners consisting of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the board of commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved February 10, 1986 (Ga. L. 1986, p. 3557), so as to provide for new commissioner districts; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved February 10, 1986 (Ga. L. 1986, p. 3557), is amended by striking in its entirety subsection (b) of Section 1 and inserting in lieu thereof the following:
"(b) For the purpose of electing the chairman and the other six members of the board of commissioners, Liberty County shall be divided into seven commissioner districts described as follows:
District 1
Beginning at a point where U.S. Highway 17 intersects Lake George Road. Thence south along Highway 17 to Baker Swamp Road; Thence west along Baker Swamp Road to State Highway 196; Thence west along Highway 196 to Rogers Pasture Road; Thence north along Rogers Pasture Road to the CSX Railroad; Thence south along the CSR Railroad to Baker Swamp; Thence north along Baker Swamp to the Ft. Stewart Reservation Boundary; Thence south along the Ft. Stewart Reservation Boundary to the Goshen Swamp; Thence north along the Goshen Swamp to the Big Swamp; Thence east along the Big Swamp to Georgia State Highway 144; Thence south along Georgia Highway 144 to Ft. Stewart Road number 47; Thence south on Ft. Stewart Road number 47 to Lorrane Avenue; Thence west along Lorrane Avenue to New Guinea Street; Thence south along New Guinea Street to Austin Road; Thence south on Austin Road to Murray Avenue; Thence east on Murray Avenue to Ft. Stewart Road 47; Thence south on Ft. Stewart 47 to the Flemington City Limits; Thence east along the Flemington City Limits to the Peacock Canal; Thence south along the Peacock Canal to U.S. Highway 84; Thence east along U.S. Highway 84 to the Holmestown Road; Thence south on the Holmestown Road to the Goshen Swamp; Thence west along the Goshen Swamp to the CSX Railroad; Thence west on the CSX Railroad to the City Limits of Allenhurst; Thence south along the City Limits of Allenhurst to County Road 170; Thence south along County Road 170 to the Liberty - Long County Line; Thence east along the Liberty - Long County Line to the Mclntosh County Line and South Newport River; Thence southeast along the South Newport River to St. Catherines Island; Thence north along the Atlantic Ocean to St. Catherines Sound; Thence northwest through the Medway, Laurel View, and Jerico Rivers (The Liberty County - Bryan County Line) to the Gress River; Thence west along the Gress River to CSX Railroad; Thence north along the CSX railroad to the Lake George Road; Thence west on the Lake George Road to point of beginning.
District 2
Beginning at a point where Airport Road intersects Kelly Drive; Thence north along Kelly Drive to the Hinesville City limits; Thence east along the Hinesville City limits to the Allenhurst City limits; Thence east along the Allenhurst City limits to the CSX Railroad; Thence north along the CSX Railroad to Franklin Street; Thence east along Franklin Street to Stafford Street; Thence east along Stafford Street to General Screven Road; Thence north along General Screven Road to the Fort Stewart boundary; Thence west along the Fort Stewart boundary to the Hinesville City limits; Thence south along Hinesville City limits to State Highway 196; Thence west along State Highway 196 to Airport Road; Thence south on Airport Road to point of beginning.
District 3
Beginning at a point where Georgia Highway 144 intersects Georgia Highway 119; Thence north along Georgia 119 to the Liberty County - Bryan County line; Thence west along the Liberty - Bryan line to it's intersection with the Long County line; Thence south along the Liberty County - Long County line to the Walthourville City limits; Thence east along the Walthourville City limits to Georgia Highway 119; Thence north along Georgia Highway 119 to Georgia Highway 196; Thence northeast on Georgia Highway 196 to the Hinesville City limits; Thence north along the Hinesville City limits

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251

to the Fort Stewart boundary; Thence east along the Fort Stewart boundary to Georgia Highway 119; Thence north along Georgia Highway 119 to point at beginning.
District 4
Beginning at a point where the Jerico River intersects the Gress River; Thence west along the Gress River to the CSX Railroad; Thence north along the CSX Railroad to Limerick Road; Thence northwest on Limerick Road to U.S. Highway 17; Thence south on U.S. Highway 17 to Baker Swamp Road; Thence northwest on Baker Swamp Road to Georgia Highway 196; Thence west on Georgia Highway 196 to Rogers Pasture Road; Thence north on Rogers Pasture Road to the CSX Railroad; Thence southwest on the CSX Railroad to Baker Swamp; Thence north along Baker Swamp to the Fort Stewart Boundary; Thence south along the Fort Stewart boundary to the Goshen Swamp; Thence north along the Goshen Swamp to the Big Swamp; thence north along the Big Swamp to Georgia Highway 144; Thence southwest on Georgia Highway 144 to Fort Stewart Road 47; Thence south on Fort Stewart Road 47 to Loraine Avenue; Thence west on Loraine Avenue to New Guinea Street; Thence south on New Guinea Street to Austin Road; Thence south on Austin Road to Baker Road; Thence east along Baker Road to Murray Avenue; Thence east on Murray Avenue to Fort Stewart Road 47; Thence south on Fort Stewart Road 47 to Old Sunbury Road and Flemington City limits; Thence south along the Flemington City limits to Peacock Canal; Thence south along Peacock Canal to U.S. Highway 84; Thence southeast along U.S. Highway 84 to the Holmestown Road; Thence south along the Holmestown Road to the Goshen Swamp; Thence west along the Goshen Swamp to the CSX Railroad; Thence south west along the CSX Railroad to Gouldins Creek; Thence south along Gouldins Creek to the Allenhurst City limits; Thence north along the Allenhurst City limits to U.S. Highway 84; Thence east on U.S. Highway 84 to South Main Street Extension; Thence north on South Main Street Extension to Cherokee Circle; Thence east on Cherokee Circle to U.S. Highway 84; Thence east on U.S. Highway 84 to Frasier Drive; Thence south on Frasier Drive to Forrest Street; Thence south on Forrest Street to Grey Fox Road; Thence east on Gray Fox Road to Sandy Run Drive; Thence north on Sandy Run Drive to Tupelo Trail; Thence east on Tupelo Trail to Peacock Canal; Thence northeast on Peacock Canal to the Flemington City limits; Thence north along Flemington City limits to Peacock Canal; Thence north along Peacock Canal to Fort Stewart Boundary; Thence west along Fort Stewart boundary to 4th Street; Thence north on 4th Street to Bultman Avenue; Thence west on Bultman Avenue to East First Street; Thence north on East First Street to Hase Road; Thence northeast on Hase Road to Niles Avenue; Thence east on Niles Avenue to French Road; Thence north on French Road to Coe Avenue; Thence northwest on Coe Avenue to the Central Drainage Canal of Fort Stewart; Thence north along the Central Drainage Canal to Georgia Highway 144; Thence west along Georgia Highway 144 to Georgia Highway 119; Thence along Georgia Highway 119 to the Liberty County - Bryan County line; Thence southeast along the Liberty - Bryan line to the point of beginning.
District 5
Beginning at a point where Dunlevie Road intersects the Liberty County - Long County Line; Thence north along Dunlevie Road to the Allenhurst City Limits; Thence north along the Allenhurst City Limits to U.S. Highway 84; Thence east along U.S. Highway 84 to South Main Street Extension; Thence east on South Main Street Extension to Cherokee Circle; Thence southeast on Cherokee Circle to U.S. Highway 84; Thence east on U.S. Highway 84 to General Screven Way; Thence west on General Screven Way to Welborn Street; Thence north on Welborn Street to Rebecca Street; Thence north on Rebecca Street to Mills Avenue; Thence east on Mills Avenue to Main Street; Thence north on Main Street to General Stewart Road; Thence west General Stewart Road to Stewart Terrace; Thence west on Stewart Terrace to General Stewart Road; Thence west on General Stewart Road to Ft. Stewart Boundary; Thence south along Ft. Stewart Boundary to General Screven Way; Thence south along General Screven Way to Stafford Street; Thence west on Stafford Street to Franklin Street; Thence west on

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Franklin Street to the CSX Railroad; Thence south along the CSX Railroad to the Allenhurst City Limits; Thence west along the Allenhurst City Limits to the Hinesville City Limits; Thence west along the Hinesville City Limits to Kelly Drive; Thence southwest along Kelly Drive to Airport Road; Thence south along Airport Road to the Walthourville City Limits; Thence west along the Walthourville City Limits to the Liberty County - Long County Line; Thence southeast along the Liberty County - Long County Line to point of beginning.
District 6
Beginning at a point where U.S. Highway 84 intersects General Screven Way; Thence east along U.S. Highway 84 to Frasier Drive; Thence southeast on Frasier Drive to Forrest Street; Thence east on Forrest Street to Grey Fox Road; Thence northeast on Grey Fox Road to Sandy Run Drive; Thence north on Sandy Run Drive to Tupelo Trail; Thence east on Tupelo Trail to Peacock Canal; Thence north on Peacock Canal to Flemington City Limits; Thence northwest along Flemington City Limits to Peacock Canal; Thence west along Peacock Canal to Ft. Stewart Boundary; Thence west along Ft. Stewart Boundary to 4th Street; Thence north on 4th Street to Bultman Avenue; Thence west on Bultman Avenue to East First Street; Thence north on East First Street to Hase Road; Thence northeast on Hase Road to Niles Avenue; Thence east on Niles Avenue to French Road; Thence northeast on French Road to Coe Avenue; Thence northwest on Coe Avenue to the Ft. Stewart Central Drainage Canal; Thence north on the Central Drainage Canal to Georgia Highway 144; Thence west on Georgia Highway 144 to State Highway 119; Thence south on State Highway 119 to the Ft. Stewart Boundary; Thence northeast along the Ft. Stewart Boundary to General Stewart Road; Thence southeast on General Stewart Road to Stewart Terrace; Thence southeast along Stewart Terrace to General Stewart Road; Thence southeast along General Stewart Road to Main Street; Thence south along Main Street to Mills Avenue; Thence west on Mills Avenue to Rebecca Street; Thence south on Rebecca Street to Welborn Street; Thence south on Welborn Street to General Screven Road; Thence southeast on General Screven Road to point of beginning.
District 7
District 7 shall consist of all the territory embraced within the geographical boundaries of Liberty County."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

HB 1252. By Representatives Floyd of the 154th and Purcell of the 129th: A bill to create the board of education of the Liberty County School District.

The following Committee substitute was read and adopted:

A BILL
To amend an Act entitled an Act to create the board of education of the Liberty County School District, approved February 10, 1986 (Ga. L. 1986, p. 3542), so as to provide for new education districts; to provide for compensation; to provide for submission

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to the United States Attorney General for approval; to provide for conditional automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled an Act to create the board of education of the Liberty County School District, approved February 10, 1986 (Ga. L. 1986, p. 3542), is amended by striking in its entirety subsection (b) of Section 1 and inserting in lieu thereof the following:
"(b) For the purpose of electing the chairman and the other six members of the board of education, the Liberty County School District shall be divided into seven education districts described as follows:
District 1
Beginning at a point where U.S. Highway 17 intersects Lake George Road. Thence south along Highway 17 to Baker Swamp Road; Thence west along Baker Swamp Road to State Highway 196; Thence west along Highway 196 to Rogers Pasture Road; Thence north along Rogers Pasture Road to the CSX Railroad; Thence south along the CSR Railroad to Baker Swamp; Thence north along Baker Swamp to the Ft. Stewart Reservation Boundary; Thence south along the Ft. Stewart Reservation Boundary to the Goshen Swamp; Thence north along the Goshen Swamp to the Big Swamp; Thence east along the Big Swamp to Georgia State Highway 144; Thence south along Georgia Highway 144 to Ft. Stewart Road number 47; Thence south on Ft. Stewart Road number 47 to Lorrane Avenue; Thence west along Lorrane Avenue to New Guinea Street; Thence south along New Guinea Street to Austin Road; Thence south on Austin Road to Murray Avenue; Thence east on Murray Avenue to Ft. Stewart Road 47; Thence south on Ft. Stewart 47 to the Flemington City Limits; Thence east along the Flemington City Limits to the Peacock Canal; Thence south along the Peacock Canal to U.S. Highway 84; Thence east along U.S. Highway 84 to the Holmestown Road; Thence south on the Holmestown Road to the Goshen Swamp; Thence west along the Goshen Swamp to the CSX Railroad; Thence west on the CSX Railroad to the City Limits of Allenhurst; Thence south along the City Limits of Allenhurst to County Road 170; Thence south along County Road 170 to the Liberty - Long County Line; Thence east along the Liberty - Long County Line to the Mclntosh County Line and South Newport River; Thence southeast along the South Newport River to St. Catherines Island; Thence north along the Atlantic Ocean to St. Catherines Sound; Thence northwest through the Medway, Laurel View, and Jerico Rivers (The Liberty County - Bryan County Line) to the Gress River; Thence west along the Gress River to CSX Railroad; Thence north along the CSX railroad to the Lake George Road; Thence west on the Lake George Road to point of beginning.
District 2
Beginning at a point where Airport Road intersects Kelly Drive; Thence north along Kelly Drive to the Hinesville City limits; Thence east along the Hinesville City limits to the Allenhurst City limits; Thence east along the Allenhurst City limits to the CSX Railroad; Thence north along the CSX Railroad to Franklin Street; Thence east along Franklin Street to Stafford Street; Thence east along Stafford Street to General Screven Road; Thence north along General Screven Road to the Fort Stewart boundary; Thence west along the Fort Stewart boundary to the Hinesville City limits; Thence south along Hinesville City limits to State Highway 196; Thence west along State Highway 196 to Airport Road; Thence south on Airport Road to point of beginning.
District 3
Beginning at a point where Georgia Highway 144 intersects Georgia Highway 119; Thence north along Georgia 119 to the Liberty County - Bryan County line; Thence west along the Liberty - Bryan line to it's intersection with the Long County line; Thence south along the Liberty County - Long County line to the Walthourville City

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limits; Thence east along the Walthourville City limits to Georgia Highway 119; Thence north along Georgia Highway 119 to Georgia Highway 196; Thence northeast on Georgia Highway 196 to the Hinesville City limits; Thence north along the Hinesville City limits to the Fort Stewart boundary; Thence east along the Fort Stewart boundary to Georgia Highway 119; Thence north along Georgia Highway 119 to point at beginning.
District 4
Beginning at a point where the Jerico River intersects the Gress River; Thence west along the Gress River to the CSX Railroad; Thence north along the CSX Railroad to Limerick Road; Thence northwest on Limerick Road to U.S. Highway 17; Thence south on U.S. Highway 17 to Baker Swamp Road; Thence northwest on Baker Swamp Road to Georgia Highway 196; Thence west on Georgia Highway 196 to Rogers Pasture Road; Thence north on Rogers Pasture Road to the CSX Railroad; Thence southwest on the CSX Railroad to Baker Swamp; Thence north along Baker Swamp to the Fort Stewart Boundary; Thence south along the Fort Stewart boundary to the Goshen Swamp; Thence north along the Goshen Swamp to the Big Swamp; thence north along the Big Swamp to Georgia Highway 144; Thence southwest on Georgia Highway 144 to Fort Stewart Road 47; Thence south on Fort Stewart Road 47 to Loraine Avenue; Thence west on Loraine Avenue to New Guinea Street; Thence south on New Guinea Street to Austin Road; Thence south on Austin Road to Baker Road; Thence east along Baker Road to Murray Avenue; Thence east on Murray Avenue to Fort Stewart Road 47; Thence south on Fort Stewart Road 47 to Old Sunbury Road and Flemington City limits; Thence south along the Flemington City limits to Peacock Canal; Thence south along Peacock Canal to U.S. Highway 84; Thence southeast along U.S. Highway 84 to the Holmestown Road; Thence south along the Holmestown Road to the Goshen Swamp; Thence west along the Goshen Swamp to the CSX Railroad; Thence south west along the CSX Railroad to Gouldins Creek; Thence south along Gouldins Creek to the Allenhurst City limits; Thence north along the Allenhurst City limits to U.S. Highway 84; Thence east on U.S. Highway 84 to South Main Street Extension; Thence north on South Main Street Extension to Cherokee Circle; Thence east on Cherokee Circle to U.S. Highway 84; Thence east on U.S. Highway 84 to Frasier Drive; Thence south on Frasier Drive to Forrest Street; Thence south on Forrest Street to Grey Fox Road; Thence east on Gray Fox Road to Sandy Run Drive; Thence north on Sandy Run Drive to Tupelo Trail; Thence east on Tupelo Trail to Peacock Canal; Thence northeast on Peacock Canal to the Flemington City limits; Thence north along Flemington City limits to Peacock Canal; Thence north along Peacock Canal to Fort Stewart Boundary; Thence west along Fort Stewart boundary to 4th Street; Thence north on 4th Street to Bultman Avenue; Thence west on Bultman Avenue to East First Street; Thence north on East First Street to Hase Road; Thence northeast on Hase Road to Niles Avenue; Thence east on Niles Avenue to French Road; Thence north on French Road to Coe Avenue; Thence northwest on Coe Avenue to the Central Drainage Canal of Fort Stewart; Thence north along the Central Drainage Canal to Georgia Highway 144; Thence west along Georgia Highway 144 to Georgia Highway 119; Thence along Georgia Highway 119 to the Liberty County - Bryan County line; Thence southeast along the Liberty - Bryan line to the point of beginning.
District 5
Beginning at a point where Dunlevie Road intersects the Liberty County - Long County Line; Thence north along Dunlevie Road to the Allenhurst City Limits; Thence north along the Allenhurst City Limits to U.S. Highway 84; Thence east along U.S. Highway 84 to South Main Street Extension; Thence east on South Main Street Extension to Cherokee Circle; Thence southeast on Cherokee Circle to U.S. Highway 84; Thence east on U.S. Highway 84 to General Screven Way; Thence west on General Screven Way to Welborn Street; Thence north on Welborn Street to Rebecca Street; Thence north on Rebecca Street to Mills Avenue; Thence east on Mills Avenue to Main Street; Thence north on Main Street to General Stewart Road; Thence west General Stewart Road to Stewart Terrace; Thence west on Stewart Terrace to General Stewart Road; Thence west

TUESDAY, FEBRUARY 4, 1992

255

on General Stewart Road to Ft. Stewart Boundary; Thence south along Ft. Stewart Boundary to General Screven Way; Thence south along General Screven Way to Stafford Street; Thence west on Stafford Street to Franklin Street; Thence west on Franklin Street to the CSX Railroad; Thence south along the CSX Railroad to the Allenhurst City Limits; Thence west along the Allenhurst City Limits to the Hinesville City Limits; Thence west along the Hinesville City Limits to Kelly Drive; Thence southwest along Kelly Drive to Airport Road; Thence south along Airport Road to the Walthourville City Limits; Thence west along the Walthourville City Limits to the Liberty County - Long County Line; Thence southeast along the Liberty County - Long County Line to point of beginning.
District 6
Beginning at a point where U.S. Highway 84 intersects General Screven Way; Thence east along U.S. Highway 84 to Frasier Drive; Thence southeast on Frasier Drive to Forrest Street; Thence east on Forrest Street to Grey Fox Road; Thence northeast on Grey Fox Road to Sandy Run Drive; Thence north on Sandy Run Drive to Tupelo Trail; Thence east on Tupelo Trail to Peacock Canal; Thence north on Peacock Canal to Flemington City Limits; Thence northwest along Flemington City Limits to Peacock Canal; Thence west along Peacock Canal to Ft. Stewart Boundary; Thence west along Ft. Stewart Boundary to 4th Street; Thence north on 4th Street to Bultman Avenue; Thence west on Bultman Avenue to East First Street; Thence north on East First Street to1 Hase Road; Thence northeast on Hase Road to Niles Avenue; Thence east on Niles Avenue to French Road; Thence northeast on French Road to Coe Avenue; Thence northwest on Coe Avenue to the Ft. Stewart Central Drainage Canal; Thence north on the Central Drainage Canal to Georgia Highway 144; Thence west on Georgia Highway 144 to State Highway 119; Thence south on State Highway 119 to the Ft. Stewart Boundary; Thence northeast along the Ft. Stewart Boundary to General Stewart Road; Thence southeast on General Stewart Road to Stewart Terrace; Thence southeast along Stewart Terrace to General Stewart Road; Thence southeast along General Stewart Road to Main Street; Thence south along Main Street to Mills Avenue; Thence west on Mills Avenue to Rebecca Street; Thence south on Rebecca Street to Welborn Street; Thence south on Welborn Street to General Screven Road; Thence southeast on General Screven Road to point of beginning.
District 7
District 7 shall consist of all the territory embraced within the geographical boundaries of Liberty County."
Section 2. Said Act is further amended by inserting at the end of Section 2 the following:
"(g) The chairman and members of the board of education shall receive $75.00 per meeting, and the chairman shall receive in addition to such amount $150.00 per month."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Liberty County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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HB 1253.

By Representative Purcell of the 129th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to provide that the governing authority of Effingham County shall consist of six commissioners.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1253 by striking on line 22 of page 2 the following:
"the first Monday in January",
and inserting in lieu thereof the following:
"the first day of January".

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 1269.

By Representative Streat of the 139th:
A bill to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, so as to retain two-year concurrent terms of office for the mayor and members of the city council.

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

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 512. By Senator Turner of the 8th:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Homeless Commission, so as to change and clarify certain powers of the commission; to provide an effective date.

SB 513. By Senator Turner of the 8th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to change and clarify certain powers of the authority; to provide an effective date.

TUESDAY, FEBRUARY 4, 1992

257

SB 519. By Senator English of the 21st:
A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the definition of agricultural products to delete dairy products from such definition; to provide who shall be required to post bond; to change an exception.

SB 520. By Senator English of the 21st:
A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Official Code of Georgia Annotated and in other laws of this state, so as to change the definitions of agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; to provide that such definitions shall not apply to certain provisions of the Official Code of Georgia Annotated or other laws; to provide an effective date.

HB 708. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st:
A bill to amend Code Section 27-2-2 of the Official Code of Georgia Annotated, relating to the issuance and sale of hunting, fishing, and trapping licenses, so as to permit the establishment of a self-insurance fund as to the defalcation of bonded license agents.

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

SR 363. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date.

SR 364. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; to provide an effective date.

SR 369. By Senator Thompson of the 33rd:
A resolution authorizing and directing the conveyance of certain state-owned property located in Cobb County, Georgia.

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

HB 451. By Representative Wall of the 61st:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and the suspension of a person's driver's license for the refusal to submit to a chemical test, so as to provide a definition.

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

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HB 1100.

By Representative Harris of the 84th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in McDuffie County during designated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

HB 1108.

By Representative Greene of the 130th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to provide that the chairperson and other members of the board shall not receive their monthly compensation under certain circumstances.

HB 1128. By Representative Moultrie of the 93rd:
A bill to amend an Act placing the coroner of Harris County upon a monthly salary, so as to change the salary of the coroner.

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

HB 1163. By Representative Yeargin of the 14th:
A bill to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to change the descriptions of the education districts of the board and provide for definitions and inclusions of parts of education districts.

HB 1164. By Representative Yeargin of the 14th:
A bill to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to change the description of the commissioner districts and provide for definitions and for inclusions of parts of commissioner districts.

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

SB 512. By Senator Turner of the 8th:
A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Homeless Commission, so as to change and clarify certain powers of the commission; to provide an effective date.
Referred to the Committee on Appropriations.

SB 513. By Senator Turner of the 8th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to change and clarify certain powers of the authority; to provide an effective date.
Referred to the Committee on Appropriations.

TUESDAY, FEBRUARY 4, 1992

259

SB 519. By Senator English of the 21st:
A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the definition of agricultural products to delete dairy products from such definition; to provide who shall be required to post bond; to change an exception.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 520. By Senator English of the 21st:
A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Official Code of Georgia Annotated and in other laws of this state, so as to change the definitions of agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; to provide that such definitions shall not apply to certain provisions of the Official Code of Georgia Annotated or other laws; to provide an effective date.
Referred to the Committee on Agriculture & Consumer Affairs.

SR 363. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in the City of Milledgeville, Baldwin County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 364. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 369. By Senator Thompson of the 33rd:
A resolution authorizing and directing the conveyance of certain state-owned property located in Cobb County, Georgia.
Referred to the Committee on State Institutions & Property.

The following communication from the Speaker was received:

House of Representatives Atlanta, Georgia
February 3, 1992
Honorable Ralph L. Presley Representative, District 36 2303 Parkview Circle College Park, Georgia 30334
Dear Ralph:
I am this date appointing you to serve on the following standing committees of the House:

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JOURNAL OF THE HOUSE,

Defense & Veterans Affairs Industrial Relations Regulated Beverages
Sincerely, 1st Thomas B. Murphy
Speaker
TBM/ku
cc: Honorable Jimmy Lord, Chairman of Defense & Veterans Affairs Honorable Calvin Smyre, Chairman of Industrial Relations Honorable Harry Dixon, Chairman of Regulated Beverages Mr. Paul Lynch, Fiscal Officer Mr. Sewell Brumby, Legislative Counsel Mr. Robert E. Rivers, Jr., Clerk of the House House Information Office House Research Office

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

HB 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act", approved September 5, 1991 numbered Act Number EX1 (H.B. No. 1EX) so as to change certain appropriations for the State Fiscal Year 1991-1992; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA

An Act providing appropriations for the State Fiscal Year 1991-1992, known as the "General Appropriations Act," approved September 5, 1991 numbered Act Number EX1 (H.B. No. 1EX) is further amended by striking everything following the enacting clause through Section 81 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, 1991, and ending June 30, 1992 as prescribed hereinafter for such fiscal year, from funds from the Federal Government and of the General Funds of the State, including surplus, reserves and a revenue estimate of $7,465,000,000 (excluding $95,607,241 in the Indigent Care Trust Fund) for State Fiscal Year 1992.

PARTI

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...............................................................$ Capital Outlay .................................................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$

21,686,449 10,431,861
3,429,765 2,525,427
111,000 7,000 0
285,000 5,000

TUESDAY, FEBRUARY 4, 1992

261

Per Diem, Fees and Contracts - Staff ...........................
Per Diem, Fees and Contracts - Elected Officials ......
Computer Charges............................ Telecommunications........................ Photography...................................... Expense Reimbursement Account. Capital Outlay.................................. Total Funds Budgeted..................... State Funds Budgeted.....................

333,889
2,143,707 464,000 752,000 65,000
1,132,800 0
21,686,449 21,686,449

Senate Functional Budgets

Total Funds

State Funds

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

3,990,978 641,986
1,090,330 5,723,294

3,990,978 641,986
1,090,330 5,723,294

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

$

8,145,920

$

422,159

$

1,079,944

$

9,648,023

8,145,920 422,159
1,079,944 9,648,023

Joint Functional Budgets

Total Funds

State Funds

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

$

2,234,983

$

2,031,848

$

837,481

$

1,210,820

$

6,315,132

2,234,983
2,031,848 837,481
1,210,820 6,315,132

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 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 equipment, supplies, furnishings,

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repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits Budget Unit: Department of Audits...................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

15,180,703
12,656,721 394,333 627,149 104,000 9,486 800,006 37,000 450,433 101,575
15,180,703 15,180,703

PART II

JUDICIAL BRANCH

Section 3. Supreme Court Budget Unit: Supreme Court...............................................................$
Personal Services.............................................................................? Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?

4,524,014 4,060,772 1,105,242 5,166,014 4,524,014

Section 4. Court of Appeals Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$
Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$

5,559,826 4,909,826
650,000 5,559,826 5,559,826

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

42,939,712 41,490,769
1,624,597 155,230 120,813
1,058,610 15,000
44,465,019 42,939,712

Section 6. Juvenile Courts.

TUESDAY, FEBRUARY 4, 1992
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 for Probate Court Judges..................................................................... Payment to Council for 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.................................
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 .............................................
Real Estate Rentals ................... Per Diem, Fees and Contracts. Computer Charges...................... Telecommunications.................. DP Rents and Maintenance ..... Utilities, Federal. ........................ Payments to DOAS Fiscal
Administration........................

592,000 456,000 136,000 592,000 592,000
1,981,429 979,576
76,500 101,715 26,000 20,000 12,000 240,000 663,101 2,118,892 1,981,429
30,917,982 47,242,291 11,709,854
278,371 111,000 1,506,330 3,694,231 441,800 7,799,681 1,687,807 10,751,716 38,550 2,500,000

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Direct Payments to Georgia Building Authority for Operations...........................
Telephone Billings................. Radio Billings......................... Materials for Resale............... Health Planning Review
Board Operations............... Total Funds Budgeted........... State Funds Budgeted...........

90,000 41,921,344
122,748 16,500,000
33,840 146,429,563 30,917,982

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

470,700 2,486,743
8,460,426
16,848,281 2,803,237
778,077
492,727 46,069,306
3,648,650 52,789,598 6,697,574
1,702,998 1,167,411 2,013,835 146,429,563

470,700 2,453,409
5,960,426
0 2,803,237
0
492,727 12,887,483
0 5,850,000
0 0 0 0 30,917,982

B. Budget Unit: Georgia Building Authority ....................................$ Georgia Building Authority Budget:
Personal Services... ..........................................................................$ Regular Operating Expenses .........................................................$ Travel........................ ........................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment... .....................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts. .....................................................$ Computer Charges. ..........................................................................$ Telecommunications .......................................................................$ Capital Outlay .................................................................................$ Utilities. ............................................................................................$ Contractual Expenses .....................................................................$
Facilities Renovations and Repairs . Total Funds Budgeted....... ................ State Funds Budgeted... ....................

0
20,239,528 4,978,651
11,253 215,000 113,635 17,704 151,880 58,121 121,010
0 7,466,638
235,030 0 0
33,608,450 0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial

1,838,922 5,129,450

TUESDAY, FEBRUARY 4, 1992

Maintenance

$

Security

$

Van Pool

$

Sales

$

Administration

$

Railroad Excursions

$

Total

$

Section 12. Agency for the Removal of Hazardous Materials.
Budget Unit: Agency for the Removal of Hazardous Materials............
Operations Budget: Personal Services........................................... Regular Operating Expenses....................... Travel .............................................................. Motor Vehicle Purchases............................. Equipment...................................................... Real Estate Rentals ...................................... Per Diem, Fees and Contracts.................... Computer Charges......................................... Telecommunications..................................... Total Funds Budgeted.................................. State Funds Budgeted..................................

Section 13. Department of Agriculture. A. Budget Unit: Department of
Agriculture..........................
State Operations Budget: Personal Services........................................... Regular Operating Expenses....................... Travel.............................................................. Motor Vehicle Purchases............................. Equipment...................................................... Real Estate Rentals ...................................... Per Diem, Fees and Contracts.................... Computer Charges......................................... Telecommunications..................................... Market Bulletin Postage .............................. Payments to Athens and Tifton Veterinary Laboratories ........................... Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ........ Veterinary Fees.............................................. 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.................................

4,558,081 5,136,371
397,582 5,456,180 9,499,593 1,592,271 33,608,450

265
94,702 3,614,202 3,607,447
380,560 136,000 220,735
0 875,000
1,500 25,800 8,861,244 94,702
31,196,808 28,675,838
3,509,486 915,115 483,197 90,500 731,153 167,211 285,676 366,401 700,000
2,331,253
1,707,926 343,900 115,000 184,000
516,672
315,000 0
40,000 40,000

266

JOURNAL OF THE HOUSE,

Total Funds Budgeted.. State Funds Budgeted..

41,518,328 31,196,808

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing General Agriculture Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

5,117,787 6,528,620 2,069,603 3,431,625 2,160,652 1,527,364 2,946,618
6,498,080 4,316,715 4,182,061
526,395 2,212,808 41,518,328

4,787,037 6,273,620 2,022,603 3,431,625 1,854,135 1,527,364 2,938,118
4,747,486 1,629,951
68,061
1,916,808 31,196,808

B. Budget Unit: Georgia Agrirama Development Authority....................
Georgia Agrirama Development Authority Budget: Personal Services...........................................................
Regular Operating Expenses....................................... Travel.............................................................................. Equipment...................................................................... Per Diem, Fees and Contracts.................................... Telecommunications ..................................................... Capital Outlay............................................................... Goods for Resale........................................................... Total Funds Budgeted.................................................. State Funds Budgeted..................................................

0
648,116 164,436
5,450 5,494 36,167 7,933 181,565 95,000 1,144,161
0

Section 14. Department of Banking and Finance.
A. Budget Unit: Department of Banking and Finance........................................
Administration and Examination Budget: Personal Services........................................................... Regular Operating Expenses....................................... Travel .............................................................................. Motor Vehicle Purchases.............................................
Equipment..................................................................... Real Estate Rentals ...................................................... Per Diem, Fees and Contracts .................................... Computer Charges.........................................................
Telecommunications.................................................... Total Funds Budgeted.................................................. State Funds Budgeted..................................................

6,918,628
5,703,028 285,026 287,873 101,700 25,334 216,893 4,500 239,550 54,724
6,918,628 6,918,628

Section 15. Department of Community Affairs.

A. Budget Unit: Department of Community Affairs............................
State Operations Budget: Personal Services.......................................................... Regular Operating Expenses......................................

13,339,796
5,334,523 265,133

TUESDAY, FEBRUARY 4, 1992

267

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...................................
Georgia Music Week Promotion............. Local Development Fund......................... Payment to State Housing Trust Fund. Payment to Georgia Environmental
Facilities Authority for Operations ..... Payment to Georgia Environmental
Facilities Authority for Loans............. Total Funds Budgeted.............................. State Funds Budgeted..............................

147,850 0
2,605 80,275 516,379 51,850 97,000
0
2,272,825 535,000
107,016
30,000,000 0 0
750,000 4,625,000
468,255
750,000 46,003,711 13,339,796

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administration Governmental Management Financial Assistance Rural Development Coordinated Planning Governmental Information Total

$

10,108,512

$

1,107,026

$

31,965,604

$

476,761

$

1,161,561

$

1,184,247

$

46,003,711

8,778,047 1,107,026
966,641 455,761 898,074 1,134,247 13,339,796

Section 16. Department of Corrections.

A. Budget Unit: Administration, Institutions and Probation......................
Personal Services............................................
Regular Operating Expenses ........................ Travel...............................................................
Motor Vehicle Purchases.............................. Equipment....................................................... Real Estate Rentals....................................... Per Diem, Fees and Contracts..................... Computer Charges.......................................... Telecommunications...................................... Capital Outlay................................................ Utilities............................................................ Court Costs...................................................... County Subsidy.............................................. Court Subsidy for Jails ................................. County Workcamp Construction Grants.... Central Repair Fund...................................... Payments to Central State

444,785,036 337,706,195 39,179,731
1,363,230 1,595,500 2,911,976 4,585,639 2,478,136 3,178,252 3,672,412
0 12,562,648
486,000 13,688,850 4,300,000
0 874,000

268

JOURNAL OF THE HOUSE,

Hospital for Meals..............................
Payments to Central State Hospital for Utilities..........................
Payments to Public Safety for Meals. Inmate Release Funds........................... 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........................ State Funds Budgeted...........................

Departmental Functional Budgets

Total Funds

Administration Institutions and Support Probation Total

$

52,165,459

$ 310,910,775

$

94,486,003

$ 457,562,237

B. Budget Unit: Board of Pardons and Paroles. Board of Pardons and Paroles Budget:
Personal Services................................................ Regular Operating Expenses............................ Travel................................................................... Motor Vehicle Purchases.................................. Equipment........................................................... Real Estate Rentals........................................... Per Diem, Fees and Contracts......................... Computer Charges.............................................. Telecommunications.......................................... County Jail Subsidy........................................... Health Services Purchases................................ Total Funds Budgeted....................................... State Funds Budgeted.......................................

Section 17. Department of Defense. A. Budget Unit: Department of Defense ............. Operations Budget:
Personal Services...............................................
Regular Operating Expenses........................... Travel................................................................... Motor Vehicle Purchases.................................. Equipment........................................................... Real Estate Rentals........................................... Per Diem, Fees and Contracts........................ Computer Charges.............................................
Telecommunications......................................... Grants to Locals - Emergency
Management Assistance................................ Grants - Others.................................................. Civil Air Patrol Contract................................. Capital Outlay ................................................... Repairs and Renovations.................................

3,721,000
1,297,891 444,500
1,600,000 21,769,528
46,749
100,000 0 0
457,562,237 450,000
444,785,036

State Funds

$

51,296,330

$ 309,582,998

$

83,905,708

$ 444,785,036

35,227,672

28,456,426 1,178,187 776,315 0 150,753 2,347,294 303,000 390,576 991,321 608,800 25,000
35,227,672 35,227,672

4,821,635
8,342,628 4,258,955
73,307 0
40,300 6,260 799,617 15,325 153,473
1,044,200 55,000 40,000 0 0

TUESDAY, FEBRUARY 4, 1992

269

Disaster Relief Payments. Total Funds Budgeted...... State Funds Budgeted......

14,829,065 4,821,635

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

$

1,286,214

$

3,474,744

$

4,002,502

$

6,065,605

$

14,829,065

$

1,201,890

$

952,956

$

509,610

$

2,157,179

$

4,821,635

Section 18. State Board of Education Department of Education.
Budget Unit: Department of Education.........
Operations: Personal Services........................................... Regular Operating Expenses....................... Travel.............................................................. Motor Vehicle Purchases............................. Equipment...................................................... Real Estate Rentals...................................... Per Diem, Fees and Contracts.................... Computer Charges......................................... Telecommunications..................................... 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 and Professional Development......... Media.............................................................
Indirect Cost................................................. Mid-Term Adjustment................................
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....................................... English to Speakers of
Other Languages (ESOL)........................ Mentor Teachers.......................................... Non-GBE Grants: Education of Children of Low Income Families ...........................................

2,806,897,889
38,298,356 4,106,945 1,167,804
0 434,002 2,457,175 13,149,856 3,792,309 1,455,897 704,609
0
736,332,952 620,004,858 271,135,711 89,395,567 91,393,715 220,205,191 30,513,591
50,844,340
23,952,546 81,882,854 642,964,477 56,551,168 120,050,951 (571,249,433)
135,847,527 3,825,000 17,439,471 36,071,368 42,198,039
200,000
5,164,950 365,625
176,909,000

270

JOURNAL OF THE HOUSE,

Retirement (H.B. 272 and H.B. 1321).........................
Instructional Services for the Handicapped (Federal).......................
Tuition for the Multi-Handicapped............ Severely Emotionally Disturbed .................. School Lunch (Federal)................................. School Lunch (State)..................................... Supervision and Assessment of Students
and Beginning Teachers and Performance-Based Certification............. Teacher Retirement Adjustment................. 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................................... Child Care Lunch Program (Federal)......... Chapter II - Block Grant Flow
Through (Federal)...................................... Payment of Federal Funds to
Board of Technical & Adult Education.. Drug Free School (Federal).......................... Innovative Programs...................................... Technology Grants......................................... Transition Program for Refugee
Children (Federal)...................................... Emergency Immigrant Education
Program (Federal)...................................... Robert C Byrd Scholarships (Federal)....... Title II Math/Science (Federal)................... QBE Adjustment............................................ Health Insurance - Non-Cert. Personnel
and Retired Teachers................................ Pre-School Handicapped Program.............. Pre-Kindergarten ........................................... Nutrition Education Training (Federal)... Insurance Adjustments................................. Total Funds Budgeted................................... Indirect DOAS Services Funding ................ State Funds Budgeted..................................

Education Functional Budgets

Total Funds

State Administration Instructional Services Governor's Honor Program

$

4,452,656

24,407,819

1,305,460

3,000,000
23,722,237 2,300,000 34,043,922 113,396,789 22,106,826
1,500,000 0
6,474,516 2,326,125 16,062,015
3,515,103 I,658,647
259,341 3,084,680 2,814,402
9,524,498 3,374,253
845,450 3,841,862 16,787,825
10,041,960
II,701,897 11,828,795 2,075,000
150,000
100,000
100,000 232,000 3,715,615 (64,429,448)
49,583,875 9,025,816
0 30,000 (37,882,551) 3,214,477,871 340,000 2,806,897,889

State Funds

$

4,080,893

$

14,505,866

$

1,170,565

TUESDAY, FEBRUARY 4, 1992

271

Administrative Services Special Services Professional Practices
Commission Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total

9,898,069 9,488,974
803,672 3,148,910,918
4,325,372 6,341,841 4,543,090 3,214,477,871

5,699,988 7,243,904
803,672 2,759,178,017
4,124,547 6,107,354 3,983,083 2,806,897,889

Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System ..................................$ Employees' Retirement System Budget:
Personal Services.............................................................................$
Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................$
Telecommunications .......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

0
1,402,211 194,364 14,350 0 29,000 191,000 864,500 302,000 30,000
3,027,425 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......................................................................? Ware County Grant for Southern
Forest World ................................................................................$ Ware County Grant for Road
Maintenance.................................................................................? Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

32,528,095
27,118,042 5,370,569
191,786 1,000,000 1,548,000
183,827 43,670 1,043,064 620,211 73,333
5,000
60,000 100,000 37,357,502 32,528,095

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

2,364,294 32,330,898
2,662,310 37,357,502

$

885,894

?

29,179,891

$

2,462,310

?

32,528,095

Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation.....................................................................

35,307,253

272

JOURNAL OF THE HOUSE,

Operations Budget: Personal Services........................ Regular Operating Expenses.... Travel ........................................... Motor Vehicle Purchases.......... Equipment................................... Real Estate Rentals ................... Per Diem, Fees and Contracts. Computer Charges...................... Telecommunications.................. Evidence Purchased................... Capital Outlay............................ Total Funds Budgeted............... State Funds Budgeted...............

27,029,944 2,463,040
550,832 565,374 543,383 1,857,515 796,431 1,134,651 1,397,255 459,804
0 36,798,229 35,307,253

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

$

2,993,832

$

8,995,040

$

10,360,700

$

6,742,189

$

7,706,468

$

36,798,229

2,993,832 8,383,869 10,230,250
6,442,244 7,257,058 35,307,253

Section 22. Office of the Governor. Budget Unit: Office Of the Governor................
Office of the Governor Budget: Personal Services............................................ Regular Operating Expenses........................ Travel............................................................... Motor Vehicle Purchases.............................. Equipment....................................................... Real Estate Rentals ....................................... Per Diem, Fees and Contracts..................... Computer Charges.......................................... Telecommunications...................................... Cost of Operations......................................... Mansion Allowance........................................ Governor's Emergency Fund........................ Intern Stipends and Travel.......................... Art Grants - State Funds.............................. Art Grants - Non-State Funds..................... Humanitites Grants - State Funds.............. Children and Youth Grants.......................... Hazardous Waste Management Authority. Juvenile Justice Grants................................. Ga. Crime Victim's Assistance Program..... Total Funds Budgeted................................... State Funds Budgeted...................................

22,575,240
10,665,897 565,403 168,634 0 51,070 944,208
34,640,161 466,131 210,593
2,742,462 40,000
4,300,000 152,280
2,629,501 321,301 42,800 95,000 82,000
1,363,725 69,849
59,551,015 22,575,240

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Office of Fair
Employment Practices

$

7,234,742

818,142

7,234,742 708,372

TUESDAY, FEBRUARY 4, 1992

273

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 Children and Youth
Coordinating Council Human Relations Commission Commission on Drug
Awareness and Prevention Professional Standards
Commission Total

4,569,325 3,576,248 2,248,009 34,320,846
317,885 518,278
675,384
1,837,599 159,114
546,510
2,728,933 59,551,015

4,569,325 3,059,070 2,248,009
313,732
116,131 518,278
325,218
594,316 159,114
2,728,933 22,575,240

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 ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................? Telecommunications......................................................................^ 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 Funding.................................................................$ State Funds Budgeted....................................................................$

535,357,607
67,160,524 3,189,828 1,463,197
842,772 210,950 5,888,337 4,072,862 4,155,234 1,426,831
0 1,673,885
0
89,155
11,953,772 13,954,848
258,000 37,051,582 153,391,777
638,300 67,967,663

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Administration Indirect Cost Facilities Management Public Affairs Community/Intergovernmental

723,701 1,819,756
208,407 1,862,599
0 5,010,551
468,753

723,701 1,819,756
208,407 1,862,599 (6,775,794) 3,547,367
468,753

274

JOURNAL OF THE HOUSE,

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 Health Care Facilities
Regulations Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning and
Development Agency Total

544,916 1,753,584 5,240,959 1,934,889
494,000
13,954,848 516,307
8,978,459
740,733 2,670,440
6,935,855 5,851,262 35,849,222 13,294,509 43,105,846
1,432,181 153,391,777

. Public Health Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................? 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 Funding.................................................................? State Funds Budgeted....................................................................?

Public Health Functional Budgets

Total Funds

Director's Office

926,128

544,916 1,753,584 5,040,959 1,934,889
494,000
13,435,004 156,253
730,733 2,670,440
1,896,226 770,521
3,809,668 12,339,483 19,164,017
1,372,181 67,967,663
52,448,088 65,294,432
1,177,397 13,303 70,807
1,223,225 3,677,267
588,143 754,899
0 143,596 640,000
0
819,394 7,600,000
77,000 992,470
625,000 515,582 69,845,582 10,058,491 5,745,534 222,310,210 549,718 116,728,938
State Funds
728,903

TUESDAY, FEBRUARY 4, 1992

Employees' Health

$

Health Program Management

$

Vital Records

$

Health Services Research

$

Primary Health Care

$

Stroke and Heart

Attack Prevention

$

Epidemiology

$

Immunization

$

Sexually Transmitted

Diseases

$

Community Tuberculosis

Control

$

Family Health Management

$

Infant and Child Health

$

Maternal Health - Perinatal

$

Family Planning

$

Malnutrition

$

Dental Health

$

Children's Medical Services

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Environmental Health

$

Laboratory Services

$

Emergency Health

$

District Health

Administration

$

Newborn Follow-Up Care

$

Genetics/Sickle Cell/

Vision/Hearing

$

Vaccines

$

High-Risk Pregnant

Women and Infants

$

Grants in Aid to Counties

$

Community Health Management

$

Community Care

$

AIDS

$

Total

$

3. Rehabilitation Services Budget: Personal Services....................................... Regular Operating Expenses .................... Travel.......................................................... Motor Vehicle Purchases......................... Equipment.................................................. Real Estate Rentals.................................. Per Diem, Fees and Contracts................ Computer Charges..................................... Telecommunications................................. Utilities....................................................... Capital Outlay........................................... Postage........................................................ Institutional Repairs and Maintenance. Case Services.............................................. ESRP Case Services.................................. Special Purpose Contracts....................... Purchase of Services Contracts...............

316,788 1,069,350 1,770,844
854,385 1,273,785
1,962,588 982,976 712,477
3,533,319
2,428,563 4,694,952 3,420,278 6,910,322 9,700,258 63,986,854 1,456,073 12,307,125
872,781 690,155 2,083,243 1,045,670 5,441,157 2,927,609
10,724,010 963,615
3,364,157 8,493,419
2,336,995 55,015,448
484,686 3,362,137 6,198,063 222,310,210

275
166,788 940,980 1,564,939 631,567 1,165,029
1,432,588 744,786 0
294,252
2,056,615 3,088,548 2,184,811
517,582 5,742,742
0 1,245,898 7,858,920
872,781 690,155 1,861,350 811,789 5,321,157 1,871,061
10,594,335 761,440
2,794,378 5,893,419
2,336,995 47,842,229
396,049 1,274,229 3,042,623 116,728,938
65,052,754 11,242,407
735,924 62,815 354,895 3,375,732 4,800,825 1,914,666 1,374,338 872,224
0 510,068 234,000 16,679,991 27,000 696,834 7,417,996

276

JOURNAL OF THE HOUSE,

Total Funds Budgeted.... Indirect DOAS Funding. State Funds Budgeted....

115,352,469
100,000 20,152,947

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

$

3,720,614

$

684,280

$

7,201,625

$

21,026,978

$

11,355,065

$

25,103,011

$

720,630

$

36,756,026

$

552,690

$

1,598,911

$

6,177,911

$

454,728

$ 115,352,469

1,100,556 684,280
1,440,323
4,278,634 711,192 0
0 7,337,401
349,402 756,597 3,210,901 283,661 20,152,947

4. Family and Children Services Budget: Personal Services....................................... Regular Operating Expenses................... Travel.......................................................... Motor Vehicle Purchases......................... Equipment.................................................. Real Estate Rentals.................................. Per Diem, Fees and Contracts................ Computer Charges..................................... Telecommunications................................. Postage........................................................ Cash Benefits............................................. Children's Trust Fund Grants ................ Grants to County DFACS Operations.............................................. Service Benefits for Children.................. Special Purpose Contracts....................... Purchase of Service Contracts ................ Total Funds Budgeted.............................. Indirect DOAS Services Funding ........... State Funds Budgeted..............................

13,889,915 1,549,483
338,633 0
72,355 246,861 4,453,589 17,410,215 1,249,522 2,064,694 436,567,274 998,044
226,082,976 85,007,479 3,509,760 1,160,001 794,600,801 2,339,882 330,508,059

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

$

1,908,666

$ 428,595,508

$

100

$

6,917,000

$

70,237,475

$

99,955,408

$

44,126,698

$

0

$

164,239,500

$

100

$

0

$

21,832,966

$

49,867,353

$

21,379,319

TUESDAY, FEBRUARY 4, 1992

County DFACS Operations Homemakers Projects
Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information Systems Social Services Indirect Costs 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 Children's Trust Fund Grants
County DFACS Operations Employability Program
Total

$

7,196,928

$

2,637,600

$

755,927

$

5,095,012

$

3,434,352

$

4,037,158

$

20,136,045

$

2,704,795

$

0

$

5,310,151

$

1,665,067

$

32,665,918

$

4,578,877

$

1,089,523

$

5,353,680

$

36,084,555

$

48,334

$

228,334

$

1,018,591

$

3,139,514

$

1,113,118

$

4,566,467

$ 794,600,801

Budget Unit Object Classes: Personal Services..................................................................... Regular Operating Expenses................................................. Travel........................................................................................
Motor Vehicle Purchases....................................................... Equipment................................................................................ Real Estate Rentals................................................................ Per Diem, Fees and Contracts.............................................. Computer Charges...................................................................
Telecommunications............................................................... 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...................................................... GrantsTn-Aid to Counties..................................................... Payments to DMA for Community Care............................. Service Benefits for Children................................................ Case Services............................................................................ E.S.R.P. Case Services............................................................ Cash Benefits........................................................................... Grants to County DFACS - Operations .............................. Institutional Repairs and Maintenance...............................

277
1,824,920 0
755,927 4,049,208 3,434,352 2,299,037 8,357,511 2,704,795 (6,523,101) 1,544,916 1,309,379 23,850,878 3,728,905 1,050,782 3,773,991 13,915,983
48,334 228,334 996,233 2,974,927 1,113,118
1,750,392 330,508,059
198,551,281 81,276,150 3,715,151
918,890 709,007 10,734,155 17,004,543 24,068,258 4,805,590 872,224 4,392,243
0
0
819,394 7,600,000
640,000 77,000 992,470
625,000 515,582 69,845,582 11,953,772 98,962,327 16,679,991
27,000 436,567,274 226,082,976
323,155

278

JOURNAL OF THE HOUSE,

Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Children's Trust Fund Grants ......................................................$

10,210,128 55,688,070
998,044

B. Budget Unit: Community Mental Health/ Mental Retardation, Youth Services and Institutions .......................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ 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 ......................................................$ Reserve for Clayton RYDC ...........................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

479,730,218 391,662,514 38,856,368
1,066,496 125,000
1,387,977 1,211,440 6,535,123 4,113,135 3,041,550 13,677,134
0 953,285 1,635,606 2,540,400 41,285,715 90,523,406 19,269,403
57,782,864 797,118
4,940,940 349,164 0
681,754,638 2,404,100
479,730,218

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

39,604,408 30,866,453
31,266,479
23,944,662
30,259,147
29,821,961 130,234,305
24,736,003
45,626,763
23,127,862 3,292,893
9,584,500

22,938,262 11,259,270
24,852,174
20,517,874
22,474,435
20,589,472 76,931,126
19,826,039
19,760,157
18,123,287 2,467,169
9,408,192

TUESDAY, FEBRUARY 4, 1992

Mental Retardation Community Assistance
Development Disabilities Grant
Day Care Centers for Mentally Ratarded
Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA/ Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/ Interstate Compact Assessment and Classification Youth Services Administration Total

4,628,395
719,329
68,711,404 18,935,921
701,283 479,632 1,100,019
57,782,864 372,125
1,407,237
272,971 333,482
3,918,597
16,399,668
88,773 9,106,214
19,761,003 10,852,740 7,326,864 4,392,332 4,121,563 13,901,297 2,907,220
937,067 712,242 6,045,345
763,027
446,438
2,264,150 681,754,638

Section 24. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and . Tourism...................................................
State Operations Budget: Personal Services............................................................ Regular Operating Expenses........................................ Travel............................................................................... Motor Vehicle Purchases.............................................. Equipment....................................................................... Computer Charges..........................................................
Real Estate Rentals.......................................................

279
2,984,414
0
40,975,404 16,752,691
674,408 479,632 1,100,019
47,993,721 372,125
1,197,237
272,971 333,482
3,918,597
16,399,668
88,773 4,923,526
19,090,503 10,486,281 7,243,635 3,775,202 3,543,686 13,901,297 2,907,220
937,067 712,242 6,045,345
763,027
446,438
2,264,150 479,730,218
15,453,602
7,527,5 7 0 1,299,368
281,803 26,000 35,531 110,278 800,633

280

JOURNAL OF THE HOUSE,

Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Local Welcome Center Contracts.................................................$ Advertising and Cooperative Advertising....................................$ Georgia Ports Authority
Authority Lease Rentals.............................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

208,796 238,580 129,500 4,380,667
1,445,000 16,483,726 15,453,602

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

4,086,782

$

5,075,704

$

7,321,240

$

16,483,726

$

3,266,782

$

4,915,704

$

7,271,116

$

15,453,602

Section 25. Office of Commissioner of Insurance.
Budget Unit: Office of Commissioner of Insurance .............................................................$
Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Health Care Utilization Review....................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

12,150,922
10,496,153 453,301 510,602 0 105,546 520,761 51,600 268,816 249,625 100,000
12,756,404 12,150,922

Office of Commissioner of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loan Regulation Fire Safety and Mobile
Home Regulation Total

$

2,383,152

$

5,535,054

$

602,654

$

4,235,544

$

12,756,404

$

2,383,152

$

5,535,054

$

602,654

$

3,630,062

$

12,150,922

Section 26. Department of Labor. Budget Unit: Department of Labor....................................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts(JTPA).........................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................$ Telecommunications .......................................................................$ Payments to State Treasury..........................................................$

6,173,541 63,221,658 5,481,591
1,014,839 468,869
1,259,182 65,281,260
2,827,168 3,772,454 1,260,815 1,774,078

TUESDAY, FEBRUARY 4, 1992

281

Capital Outlay ............... Total Funds Budgeted.. State Funds Budgeted..

2,800,000 149,161,914
6,173,541

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training Programs Total

5,637,366 18,657,136
124,867,412 149,161,914

$

643,168

$

2,913,095

$

2,617,278

$

6,173,541

Section 27. Department of Law. A. Budget Unit: Department of Law..................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment............................,...........................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................$ Telecommunications......................................................................^ Books for State Library .................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

8,475,028 7,695,808
367,147 111,057 11,205 462,241
60,000 169,406 98,164 110,000 9,085,028 8,475,028

Section 28. Department of Medical Assistance.
A. Budget Unit: Medical Services.......................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel..... ...........................................................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications......................................................................^ Medicaid Benefits, Penalties
and Disallowances .......................................................................$ Payments to Counties for Mental
Health............................................................................................$ Audits Contracts..............................................................................$ Reserves for Medicaid Benefits ....................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

826,360,046
12,562,656 555,717 98,000 33,290 935,973
50,395,285 18,381,115
431,058
2,037,872,329
39,140,013 772,500
246,033,809 2,407,211,745
826,360,046

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Offices Community Services Professional Services Systems Management Program Compliance Institutional Policies and
Reimbursements

48,119,781 1,143,575 1,628,872 20,439,367 4,223,369
8,184,728

$

2,669,231

$

344,419

$

585,482

$

5,574,898

$

1,541,810

$

3,368,386

282

JOURNAL OF THE HOUSE,

Benefits, Penalties and Disallowances
Maternal & Child Health Total

2,323,046,151 425,902
2,407,211,745

812,130,025 145,795
826,360,046

B. Budget Unit: Indigent Care Trust Fund ......................................$ Indigent Care Trust Fund Budget:
Per Diem, Fees and Contracts ......................................................$ Benefits.............................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

95,607,241
682,100 249,257,433 249,939,533 95,607,241

Section 29. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel
Administration ........................................................$ Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$
Health Insurance Claims Payments .............................................$ Total Funds Budgeted....................................................................$
Other Agency Funds.......................................................................$ Agency Assessments........................................................................? Employee and Employer
Contributions ...............................................................................$ Deferred Compensation..................................................................? State Funds Budgeted....................................................................?

0 8,000,752 1,647,665
84,509 53,553 918,326 92,025,948 2,744,579 299,927 613,182,892 718,958,151 17,000 9,267,537
709,545,696 127,918 0

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 Internal Administration Commissioner's Office Total

2,540,398 1,157,755 1,258,887
1,261,930 25,819,672 682,855,136
2,488,416 1,575,957 718,958,151

Section 30. Department of Natural Resources A. Budget Unit: Department of
Natural Resources............................... Operations Budget:
Personal Services.......................................................... Regular Operating Expenses...................................... Travel............................................................................. Motor Vehicle Purchases............................................
Equipment..................................................................... Real Estate Rentals.....................................................
Per Diem, Fees and Contracts...................................

62,820,656
59,043,999 11,130,908
405,734 1,857,013 1,868,915 1,816,335 1,016,553

TUESDAY, FEBRUARY 4, 1992

283

Computer Charges...........................................................................$ Telecommunications .......................................................................$ Authority Lease Rentals ................................................................$ Advertising and Promotion............................................................$ Cost of Materials for Resale..........................................................$ Capital Outlay - New Construction..............................................$
Capital Outlay - Repairs and Maintenance .........................................................................$
Capital Outlay - Land Acquisition Support....................................................................$
Capital Outlay - WMA Land Acquisition .........................................................................$
Capital Outlay - Shop Stock -Parks..... ...........................................................................$
Capital Outlay - User Fee Enhancements..............................................................................$
Capital Outlay - Buoy Maintenance........ .........................................................................$
Capital Outlay - Waterfowl Habitat ............................................$ Capital Outlay - Paving at State Parks
and Historic Sites........................................................................$ Land and Water
Conservation Grants ...................................................................$ Environmental Facilities Grants...................................................$ Historic Preservation Grants.........................................................$ Recreation Grants ...........................................................................$ Contract - Georgia
Special Olympics .........................................................................$ Contract - Georgia Sports
Hall of Fame ................................................................................$ Contract - Technical Assistance ...................................................$
Contract - Corps of Engineers (Cold Water Creek State Park) ................................................$
Contract - Georgia Rural Water Association....................................................................................$
Contract - Georgia State Games Commission .....................................................................$
Contract - U. S. Geological Survey for Ground Water Resources.....................................................$
Contract - U. S. Geological Survey for Topographic Mapping ..........................................................$
Payment to Georgia Agricultural Exposition Authority ..................................................................$
Georgia Boxing Commission..........................................................$ Total Funds Budgeted....................................................................$ Receipts from Jekyll Island
State Park Authority ..................................................................$ Receipts from Stone Mountain
Memorial Association .................................................................$ Receipts from Lake lanier Islands
Development Association ...........................................................$ Indirect DOAS Funds.....................................................................$ State Funds Budgeted....................................................................!

620,982 1,026,838
227,000 150,000 2,350,000 100,000
1,555,734
211,500
530,000
300,000
1,247,478
20,000 0
400,000
800,000 0
239,112 0
179,117
0 108,687
175,000
10,000
123,824
300,000
0
1,998,560 5,000
89,818,289
314,594
724,572
1,498,969 200,000
62,820,656

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration

6,783,027

4,244,892

284

JOURNAL OF THE HOUSE,

Parks, Recreation and Historic Sites
Coastal Resources Game and Fish Environmental Protection Total

$

33,706,891

$

1,720,416

$

27,432,758

$

20,175,197

$

89,818,289

$

17,148,523

$

1,625,416

$

23,287,628

$

16,514,197

$

62,820,656

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................$
Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................? Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................? Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

0
1,336,328 1,215,367
21,600 20,000 76,600
0 395,340 28,500
18,000 0
3,111,735 0

Authorities Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

3,111,735

$

0

Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety .................................$ Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Real Estate Rentals........................................................................? Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? State Patrol Posts
Repairs and Maintenance..........................................................? Capital Outlay.................................................................................? Conviction Reports.........................................................................? Driver License Processing..............................................................? Total Funds Budgeted....................................................................? Indirect DOAS Service Funding...................................................? State Funds Budgeted....................................................................?

79,125,990
61,889,182 8,991,926
134,825 2,010,000
419,449 78,008 280,000 4,411,000 1,165,000
150,000 0
265,000 981,600 80,775,990 1,650,000 79,125,990

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

?

11,021,910

?

24,245,846

?

45,508,234

?

80,775,990

?

11,021,910

?

22,745,846

?

45,358,234

?

79,125,990

TUESDAY, FEBRUARY 4, 1992

285

B. Budget Unit: Units Attached for Administrative Purposes Only............................$
1. Attached Units Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted........................................................,...........$

12,720,097
7,279,637 2,287,929
106,464 26,460 129,131 95,366 674,662 416,291 142,163 2,604,356
0 13,762,459 12,420,462

2. Office of Highway Safety Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

443,906 33,330 11,328
0 800 75,078 37,540 45,874
4,600 3,500,000
4,152,456 299,635

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 Georgia Public Safety
Training Center Total

4,152,456
4,534,987 1,125,042 1,191,770
418,372
6,492,288 17,914,915

$

299,635

$

4,508,527

$

958,382

$

1,111,770

$

418,372

$

5,423,411

$

12,720,097

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

9,851,433
441,433 9,410,000 9,851,433 9,851,433

Section 33. Public Service Commission. Budget Unit: Public Service Commission..........................................$
Personal Services.............................................................................$

6,767,298 6,007,361

286

JOURNAL OF THE HOUSE,

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

365,529 180,334 58,260 12,523 252,050 294,458 114,366 898,115 8,182,996 6,767,298

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportaion Utilities Total

$

1,582,117

$

3,001,671

$

3,599,208

$

8,182,996

1,582,117 1,699,695 3,485,486 6,767,298

Section 34. Regents, University System of Georgia. A. Budget Unit: Resident Instruction................................................$ Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs. .....................................................$ Sponsored Operations.................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs. .....................................................$ Sponsored Operations.................................................................?
Special Funding Initiative .............................................................$ Office of Minority
Business Enterprise.....................................................................$ Special Desegregation Programs ...................................................$ Forestry Research............................................................................$ Research Consortium......................................................................$ Eminent Scholars Program............................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ Departmental Income..................................,..................................? Sponsored Income...........................................................................$ Other Funds.....................................................................................$ Capital Outlay .................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................?

737,809,957
861,559,192 122,003,878
185,105,668 116,592,447
5,625,000
298,647 324,345 284,292
0 0 18,043,465 1,309,836,934 31,823,524 238,596,325 280,536,363 18,043,465 3,027,300 737,809,957

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

132,926,565
211,795,539 71,751,939 114,746,881 38,618,477
51,750 1,848,086

TUESDAY, FEBRUARY 4, 1992

287

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 .............................................................$ Direct Payment - GPTC ................................................................$ Total Funds Budgeted....................................................................$ Sponsored Income...........................................................................$ Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

1,394,187
2,635,415 2,439,285
149,391
1,520,635 7,778,575 1,014,026
564,000 188,000
781,416
231,300 6,152,279 463,661,181 111,220,021 218,958,895
555,700 132,926,565

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 Agricultural
Experiment Stations Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine Experiment
Station Veterinary Medicine Teaching
Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton Veterinary
Laboratories Regents Central Office Total

1,506,473 3,536,045 1,305,407 127,573,810
7,161,086 48,442,115 42,872,081 193,755,430
2,468,373 2,303,303 5,865,669 2,275,827
3,258,324 21,162,901 $ 463,486,844

969,685 1,350,517
854,684 11,750,474
1,867,348 31,581,603 26,236,269
28,557,028
2,468,373 452,014
5,865,669 0 0
20,972,901 132,926,565

C. Budget Unit: Georgia Public Telecommunications Commission..........................................
Public Telecommunications Commission Budget: Personal Services.......................................................... Operating Expenses.....................................................

6,820,748 7,168,653

288

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................! Other Funds.....................................................................................$ State Funds Budgeted....................................................................$

13,989,401 13,989,401
0

Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! County Tax Officials/Retirement
and FICA......................................................................................$ Grants to Counties/Appraisal
Staff...............................................................................................! Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................!

67,122,842
45,443,640 4,257,943 1,245,050
0 290,955 2,036,891 267,625 8,740,450 657,245
2,327,000
0 2,585,175 3,235,868 71,087,842 3,845,000
120,000 67,122,842

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 State Board of Equalization
Total

$

4,739,009

$

9,729,753

$

5,620,945

$

15,811,435

$

7,792,058

$

14,326,226

$

6,174,664

$

2,915,806

$

3,931,094

$

46,852

!

71,087,842

!

4,739,009

!

9,529,753

!

5,402,945

$

15,511,435

!

6,835,058

$

12,694,226

!

6,174,664

!

2,714,806

$

3,474,094

$

46,852

!

67,122,842

Section 36. Secretary of State. A. Budget Unit: Secretary of State.....................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Election Expenses...........................................................................! ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

21,163,744 14,852,113 1,950,296
174,350 0
26,761 2,282,731
719,287 858,111 200,095 600,000
0 21,663,744 21,163,744

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289

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 State Examining Boards Total

3,034,874 4,439,985
3,935,422
1,281,524 951,497 181,709
7,838,733 21,663,744

2,894,874 4,364,985
3,840,422
1,245,524 897,497 181,709
7,738,733 21,163,744

B. Budget Unit: Real Estate Commission .........................................$ Real Estate Commission Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ...............................................,........................$ Per Diem, Fees and Contracts .............................,........................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

1,834,806
1,007,626 153,900 15,000 44,000 12,500 113,700 134,750 329,330 24,000
1,834,806 1,834,806

Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water
Conservation Commission......................................$ Soil and Water Conservation Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel. ...............................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

1,700,695
894,258 107,757 56,975
0 12,557 6,846 56,218 18,676 477,421 449,198 2,079,906 1,700,695

Section 38. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance
Commission..............................................................$ Administrations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals .......,................................................................$ Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$

21,882,053
4,767,718 401,011 81,800 0 21,000 18,000 38,000 371,000 147,800

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

296,017 4,076,000 13,790,142 4,728,461
36,000
95,500 162,000
462,030 398,784 29,891,263 21,882,053

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education Assistance
Corporation Georgia Student Finance
Authority Georgia Nonpublic Postsecondary
Education Commission Total

$

5,339,364

$

296,017

$

23,748,917

$

506,965

$

29,891,263

0
0
21,377,870
504,183 21,882,053

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System ........ Departmental Operations Budget:
Personal Services................................................ Regular Operating Expenses............................ Travel................................................................... Equipment........................................................... Real Estate Rentals........................................... Per Diem, Fees and Contracts......................... Computer Charges.............................................. Telecommunications.......................................... 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.......................................

3,950,000
3,191,881 319,860 26,650 16,000 301,000 330,000
1,078,000 113,978
3,250,000
700,000
0 9,327,369 3,950,000

Section 40. Department of Technical and Adult Education.
Budget Unit: Department of Technical and
Adult Education......................... Personal Services................................................ Regular Operating Expenses............................
Travel................................................................... Motor Vehicle Purchases..................................
Equipment...........................................................
Real Estate Rentals........................................... Per Diem, Fees and Contracts .........................

119,154,811 3,604,265 347,841 104,750 0 13,000 495,110 555,526

TUESDAY, FEBRUARY 4, 1992

291

Computer Charges.......................... Telecommunications...................... 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...................

218,970 144,000 83,703,023 18,525,922
0 5,927,866 23,625,320 2,612,148 8,657,535 148,535,276 119,154,811

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

5,483,462

$ 143,051,814

$ 148,535,276

$

3,746,108

$ 115,408,703

$ 119,154,811

Section 41. Department of Transportation. Budget Unit: Department of
Transportation .............................. For Public Roads and Bridges 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....................................................... 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............ Total Funds Budgeted.......................................... State Funds Budgeted..........................................

426,018,626
220,636,017 60,139,571
1,635,678 500,000
4,356,489 4,538,721 1,355,827 2,007,701 9,707,746 588,811,371
925,335 875,000 8,141,520 837,000
0 904,467,976 426,018,626

Department of Transportation Functional Budgets

Motor Fuel Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

634,331,804 225,980,006
7,099,748 22,187,157 889,598,715

176,256,804 214,740,006
6,499,748 21,642,157 419,138,715

General Funds Budget

Air Transportation Inter-Modal Transfer Facilities

1,279,474 11,891,502

955,211 4,226,415

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Harbor Maintenance Activities Planning and Construction Total

$

837,000

$

861,285

$

14,869,261

$

837,000

$

861,285

$

6,879,911

Section 42. Department of Veterans Service. Budget Unit: Department of Veterans
Service ......................................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ 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....................................................................$

20,942,949 4,365,624
107,713 62,983 32,620 231,872 23,100 10,795 53,760
14,912,640
5,878,566
131,100 25,810,773 20,942,949

Veterans Service Functional Budgets

Total Funds

State Funds

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

$

4,865,017

$

15,043,190

$

5,902,566

$

25,810,773

$

4,649,988

$

11,823,202

$

4,469,759

$

20,942,949

Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ...................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................! Telecommunications .......................................................................$ Payments to State Treasury..........................................................? Georgia Crime Victims Assistance
Program ........................................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................$

8,469,587 6,524,668
304,468 63,540 2,687 984,835 116,315 210,673 101,250 241,000
30,151 8,579,587
110,000 8,469,587

Section 44. State of Georgia General Obligation Debt Sinking Fund
A. Budget Unit: State of Georgia General Obligation Debt
Sinking Fund - State General

TUESDAY, FEBRUARY 4, 1992

293

Funds (Issued).........................................................$ - Motor Fuel Tax Funds (Issued).........................................................$
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund - State General Funds (New) ............................................................$ - Motor Fuel Tax Funds (New)............................$

246,163,218 75,000,000 321,163,218
0 0 0

Section 45. State of Georgia Guaranteed RevenueDebt Common Reserve Fund.
A. Budget Unit: State of Georgia Guaranteed Revenue Debt Common Reserve
Fund (Issued) ..........................................................$ B. Budget Unit: State of Georgia
Guaranteed Revenue Debt
Common Reserve Fund (New)..............................$

5,000,000 4,630,000

In addition to all other appropriations for State Fiscal Year 1992, there is appropriated the sum of $4,630,000 for payment into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the Georgia Environmental Facilities Authority for loans to local governments for "sewerage facilities" and "water facilities" as defined in the Act of the Authority. The maximum principal amount of the specific issue shall not exceed $50,000,000; the amount of the highest annual debt service shall not exceed the amount of this appropriation, and the maximum maturities of the issues shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.

Section 46. 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 oper-
ation of the National Center for State Courts.

Section 47. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.

Section 48. 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.

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Section 49. 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 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 51. 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 52. Provisions Relative to Section 11, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is designated and committed for youth programs and activities.
Section 54. Provisions Relative to Section 15, Department of Community Affairs. Provided that the funds appropriated herein to the Georgia Environmental Facilities Authority for Loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Section 55. Provisions Relative to Section 16, Department of Corrections. It is the intent of the General Assembly that all State and Superior Court Judges assess a minimum $1000 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded probation positions and related costs.
It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991 when possible.
Provided, that the Department shall require the same qualifications for contract chaplains as that for classified merit system positions with the same job duties.
Section 56. Provisions Relative to Section 18, State Board of Education Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,647.07. 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 1992.
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

TUESDAY, FEBRUARY 4, 1992

295

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 1992 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 commitment of each anticipated member system to contribute at least the same equivalent amount during SFY 1992 that it contributed during SFY 1991.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information system and the electronic information network are considered to be for the same purpose.
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.
Provided, that of the above appropriation relative to Staff Development/Professional Development, $100,000 is designated and committed for the purpose of School Board Training.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited public high schools.
It is the intent of this General Assembly that the services currently provided by the Regional Directors to local schools be continued by the Department of Education in any reorganization plan. The General Assembly intends to review the Department's reorganization of regional services prior to and during the 1992 regular session.
Section 57. Provisions Relative to Section 19, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by nine one-hundredths of one percent of salaries to fund the following:
1.) A one and one-half percent cost-of-living increase effective July 1, 1991. 2.) A one and one-half percent cost-of-living increase effective January 1, 1992.
Section 58. Provisions Relative to Section 22, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than Departmental internal forms.
Section 59. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 660 r( 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:

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Number in Asst Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, that of the above Appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand community placements in order to secure additional federal Medicaid dollars.
It is the intent of this General Assembly that expansion funds for the PEACH program be distributed to desingated counties on a need basis, not to exceed $50,000 in State Funds per county.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1992 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physically or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Continuum for Juvenile Offenders. Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, that Central State Hospital is authorized to expend $200,000 of the existing appropriation for the purchase of Clozapine tablets to be used in the treatment of schizophrenic clients. Provided that, in the event funding from the Ryan White Comprehensive AIDS Resource Emergency (Care) Act of 1990 is not appropriated at the level applied for, the Department of Human Resources is authorized and directed to contract with the Visiting Nurse Association, Grady AIDS Clinic, and AID Atlanta for a period of nine months rather than twelve months. Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting. It is the intent of this General Assembly that no funds directed to the Department of Veterans Services for payments to Central State Hospital shall be redirected or used by the Department of Human Resources for any function other than the Veterans Nursing Home at Central State Hospital. It is the intent of this General Assembly that the Department of Human Resources continue the Huntington Disease program through the assignment of existing personnel to the program.

TUESDAY, FEBRUARY 4, 1992

297

It is the intent of this General Assembly that all previously allocated Drug Block Grant funds for the Fetal Alcohol Program ($247,660) be used, along with the $24,458 state appropriations to continue the fetal alcohol program at its current level.
Section 60. Provisions Relative to Section 25, Department of Insurance. It is the intent of this General Assembly that the Office of Planning and Budget and the Commissioner of Insurance shall devise a plan and schedule for the implementation of Code S. 33, Chapter 45. This Plan shall include, but not be limited to, the development of utilization review standards, rules and regulations, fee schedule, and staffing levels. Upon completion of the Plan any remaining funds from the $100,000 herein appropriated may be used by the Department of Insurance to implement the Plan.
Section 61. Provisions Relative to Section 28, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
Section 62. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $155.00 per merit system budgeted position for the cost of departmental operations.
Each agency and department head shall cause to be filed with the chairman and each member of the House and Senate Appropriations Committees at their legislative offices on the first day of each month beginning September 1, 1991, the name, position, race, and gender of each employee who is terminated or reassigned as a result of the reduction in funds and positions enacted by this Act and, in the case of reassignment, the position to which such employee was reassigned.
If any officer or employee of any department, agency, or other institution of state government is separated from state employment as a result of the budgetary reductions provided for in this Act and such officer or employee therefore becomes entitled to an involuntary separation retirement or pension benefit, then no department, agency, or other institution of state government shall contract with such former officer or employee, directly or indirectly, for the rendering of personal services by or under the direction of such former officer or employee. Likewise, no department, agency or other institution shall contract for the rendering of personal services by any other entity, if the former officer or employee will play a substantial role in the contracting for or delivery of such personal services or will derive a substantial financial benefit from the contract.
Section 63. 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.
Provided that of the funds appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991.
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 Office of Planning and Budget is authorized to use 50 percent of the excess receipts to supplant State funds and 50 percent may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 64. Provisions Relative to Section 31, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall

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be made in accordance with the Rules and Regulations issued by the Commissioner of Public Safety.
Section 65. Provisions Relative to Section 34, 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 66. Provisions Relative to Section 36, Office of Secretary of State. It is the intent of this General Assembly that the Secretary of State be given flexibility in making the position reductions recommended by the Governor.
Provided, that of the funds appropriated for Occupational Certification, $60,000 is authorized for board member participation at conferences related to professional regulation.
Section 67. 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 Technical and Adult Education.
Provided, that of the funds appropriated for the Quick Start Program, $50,000 is designated and committed to compensate Southeastern Paper Company for prior year projects.
Section 68. Provisions Relative to Section 41, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 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.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further,

TUESDAY, FEBRUARY 4, 1992

299

income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $494,138,715 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 69. In addition to all other appropriations for the State fiscal year ending June 30, 1992, 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 $9,320,000 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 ($9,200,000 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 departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 70. 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 71. 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 vehicles 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 72. 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

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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.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 73. 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 74. 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 75. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 76. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 77. (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 1991 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.

TUESDAY, FEBRUARY 4, 1992

301

(b.) (1.) For the purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Equipment, Computer Charges, Real Estate Rentals, Postage and Telecommunica-
tions. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropria-
tions 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 78. 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 79. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1992....................................................................$ (Including $95,607,241 in the Indigent Care Trust Fund)

7,626,311,790

Section 80. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 81. 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 1262, designating Representative Coleman of the 118th as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 1262 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act", approved April 24, 1991 (Ga. L. 1991, p. 1944), as amended by an Act approved September 5, 1991 (Act EX 1, HB 1-EX), so as to change certain appropriations for the State Fiscal Year 1991-1992; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1991-1992, as amended, known as the "General Appropriations Act" approved April 24, 1991 (Ga. L. 1991, p. 1944), as amended by an Act approved September 5, 1991 (Act EX 1, HB 1-EX), is further amended by striking everything following the enacting clause through Section 84, and by substituting in lieu thereof the following:

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"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $7,390,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1992.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: General Assembly...........
Personal Services - Staff .................. 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.. Total Funds Budgeted...................... State Funds Budgeted......................

21,686,449 10,431,861
3,429,765 2,525,427
111,000 7,000 0
285,000 464,000
5,000 752,000
333,889
2,143,707 65,000
1,132,800 21,686,449 21,686,449

Senate Functional Budgets

Total Funds

State Funds

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

$

3,990,978

$

641,986

$

1,090,330

$

5,723,294

3,990,978 641,986
1,090,330 5,723,294

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

$

8,145,920

$

422,159

$

1,079,944

$

9,648,023

8,145,920
422,159 1,079,944 9,648,023

Joint Functional Budgets

Total Funds

State Funds

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

$

2,234,983

$

2,031,848

$

837,481

$

1,210,820

2,234,983 2,031,848
837,481 1,210,820

TUESDAY, FEBRUARY 4, 1992

303

Total

$

6,315,132

$

6,315,132

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

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$ Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications.......................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

15,180,703
12,656,721 394,333 627,149 104,000 9,486 800,006 37,000 450,433 101,575
15,180,703 15,180,703

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................?
Personal Services.............................................................................?

4,524,014 4,060,772

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Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
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....................................................................$
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 of Magistrate
Court Judges................................................................................! Payment to Council of Probate
Court Judges................................................................................! Payment to Council of State
Court Judges................................................................................! Payment to Resource Center.........................................................! Payment to Computerized
Information Network ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................!

1,105,242 5,166,014 4,524,014
5,559,826 4,909,826
650,000 5,559,826 5,559,826
42,939,712 41,490,769
1,624,597 155,230
120,813
1,058,610 15,000
44,465,019 42,939,712
824,399
592,000 456,000
136,000 592,000 592,000
1,981,429 979,040
76,500 101,715
26,000
20,000
12,000 240,000
663,101 2,118,356 1,981,429
124.290

TUESDAY, FEBRUARY 4, 1992

305

Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council.................................

1,004,700

PART III.

EXECUTIVE BRANCH

Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services................................. Administration and Services Budget:
Personal Services...................................................................... Regular Operating Expenses.................................................. Travel......................................................................................... Motor Vehicle Purchases........................................................ Equipment.................................................................................
Computer Charges.................................................................... Real Estate Rentals.................................................................
Telecommunications ................................................................ Per Diem, Fees and Contracts............................................... Rents and Maintenance Expense .......................................... Utilities...................................................................................... Payments to DOAS Fiscal
Administration ...................................................................... Direct Payments to Georgia Building Authority for
Capital Outlay....................................................................... Direct Payments to Georgia Building Authority for
Operations ............................................................................. Telephone Billings................................................................... Materials for Resale................................................................. Public Safety Officers
Indemnity Fund.................................................................... Health Planning Review Board
Operations............................................................................. Georgia Golf Hall of Fame
Operations............................................................................ Authorities Liability
Reserve Fund........................................................................ Grants to Counties................................................................... Grants to Municipalities......................................................... Total Funds Budgeted............................................................. State Funds Budgeted............................................................

30,917,982
47,242,291 11,709,854
278,371 111,000 1,506,330 7,799,681 3,694,231 1,687,807 441,800 10,751,716 38,550
2,500,000
90,000 42,044,092 16,500,000
0
33,840
0
0 0 0 146,429,563 30,917,982

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

470,700

$

2,486,743

8,460,426

16,848,281 2,803,237

778,077

470,700 2,453,409
5,960,426
0 2,803,237

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Space Management Administration
Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Properly Services Mail and Courier Services Risk Management Services Total

492,727
46,069,306 3,648,650 52,789,598 6,697,574 1,702,998 1,167,411 2,013,835 146,429,563

492,727 12,887,483
0 5,850,000
0 0 0 0 30,917,982

B. Budget Unit: Georgia Building
Georgia Building Authority Budget: Personal Services............................ Regular Operating Expenses ........
Motor Vehicle Purchases .
Computer Charges...................... Real Estate Rentals ................... Telecommunications .................. Per Diem, Fees and Contracts . Capital Outlay ............................ Utilities ........................................ Contractual Expense ................ Fuel............................................... Facilities Renovations
and Repairs ............................. Total Funds Budgeted............... State Funds Budgeted...............

0
20,239,528 4,978,651
11,253 215,000 113,635 58,121
17,704 121,010 151,880
0 7,466,638
235,030 0
0 33,608,450
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

1,838,922

$

5,129,450

$

4,558,081

$

5,136,371

$

397,582

$

5,456,180

$

9,499,593

$

1,592,271

$

0

$

33,608,450

Section 12. Agency for the Removal of Hazardous Materials.
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......................................

94,702

,..$

3,614,202

...$

2,957,447

...$

380,560

136,000

220,735

1,500

0

TUESDAY, FEBRUARY 4, 1992

307

Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$

25,800 875,000
0 0 8,211,244 94,702

Section 13. 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.......................................................................................$ 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....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

31,196,808
28,675,838 3,509,486
915,115 483,197 90,500 285,676 731,153 366,401 167,211 700,000
2,331,253
1,707,926 343,900 115,000 184,000
516,672
315,000 0
40,000 40,000 41,518,328 31,196,808

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

5,117,787 6,528,620 2,069,603 3,431,625 2,160,652 1,527,364 2,946,618
6,498,080 4,316,715 4,182,061
526,395

4,787,037 6,273,620 2,022,603 3,431,625 1,854,135 1,527,364 2,938,118
4,747,486 1,629,951
68,061 0

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Entomology and Pesticides Total

2,212,808 41,518,328

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Georgia Agrirama Development Authority Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel.... ............................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ 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 ...............................................................$
Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

Section 15. Department of Community Affairs. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$
Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................? Capital Felony Expenses................................................................? Contracts with Regional
Development Commissions........................................................? Local Assistance Grants.................................................................?
Appalachian Regional Commission Assessment...................................................................................?
Community Development Block Grants (Federal)..........................................................................?
Music Hall of Fame........................................................................?

1,916,808 31,196,808
740,746 169,060
5,864 0
10,755 500
7,933 48,081 110,340 95,000 1,188,279
0
6,918,628
5,703,028 285,026 287,873 101,700 25,334 239,550 216,893 54,724 4,500
6,918,628 6,918,628
13,339,796
5,334,523 265,133 147,850 0 2,605 80,275 516,379 51,850 97,000 0
2,272,825 535,000
107,016
30,000,000 0

TUESDAY, FEBRUARY 4, 1992

309

Georgia Music Week Promotion........ Local Development Fund.................... Payment to State Housing
Trust Fund........................................ Payment to Georgia Environmental Facilities Authority for
Operations......................................... Total Funds Budgeted......................... State Funds Budgeted.........................

0 750,000
4,625,000
1,218,255 46,003,711 13,339,796

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Government Management Financial Assistance Government Information Rural Development Coordinated Planning Total

10,108,512 1,107,026 31,965,604 1,184,247
476,761 1,161,561 46,003,711

8,778,047 1,107,026
966,641 1,134,247
455,761 898,074 13,339,796

Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation.................................................
Personal Services.................................................................... Regular Operating Expenses................................................ Travel....................................................................................... Motor Vehicle Purchases...................................................... Equipment............................................................................... $ Computer Charges.................................................................. Real Estate Rentals...............................................................
Telecommunications.............................................................. Per Diem, Fees and Contracts............................................. Capital Outlay ........................................................................ Utilities.................................................................................... .$ Court Costs.......................................................................................$ County Subsidy ...............................................................................$ County Subsidy for Jails................................................................$ 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 ..............................................................$ Total Funds Budgeted...........,........................................................$ Indirect DOAS Funding.................................................................$
Georgia Correctional Industries ....................................................$ State Funds Budgeted....................................................................$

444,785,036 337,706,195 39,179,731
1,363,230 1,595,500 2,911,976 3,178,252 4,585,639 3,672,412 2,478,136
0 12,562,648
486,000 13,688,850 4,300,000
874,000
3,721,000
1,297,891
444,500 1,600,000 21,769,528
46,749
100,000 0
457,562,237 450,000 0
444,785,036

310

JOURNAL OF THE HOUSE,

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

52,165,459

$ 310,910,775

$

94,486,003

$ 457,562,237

$

51,296,330

$ 309,582,998

$

83,905,708

$ 444,785,036

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........................................................................$ Health Services Purchases.............................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

35,227,672
28,456,426 1,178,187
776,315 0
150,753 390,576 2,347,294 991,321 303,000 608,800 25,000 35,227,672 35,227,672

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 ...............................................................$ Disaster Relief Payments...............................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

4,821,635
8,264,580 4,258,955
73,307 0
40,300 15,325 6,260 153,473 171,633
1,044,200 55,000 40,000 0 0 0
14,123,033 4,821,635

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

1,286,214
3,396,696 3,374,518 6,065,605 14,123,033

1,201,890
952,956 509,610 2,157,179 4,821,635

TUESDAY, FEBRUARY 4, 1992
Section 18. 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 and Professional Development..........................................................! Media................................................................................................! Indirect Cost....................................................................................! Pupil Transportation......................................................................! Local Fair Share..............................................................................! Mid-Term Adjustment Reserve....................................................! QBE Grants Adjustment................................................................!
Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! In School Suspension......................................................................! Special Instructional Assistance ...................................................! Middle School Incentive ................................................................! Special Education Low Incidence Grants..........................................................................! Health Insurance Rate Adjustment.............................................!
Non-QBE Grants: Education of Children of LowIncome Families...........................................................................! Retirement (H.B. 272 and H.B. 1321) ..........................................................! Instructional Services for the Handicapped.........................................................................! Tuition for the Multi-Handicapped.....................................................................!
Severely Emotionally Disturbed...................................................! School Lunch (Federal)..................................................................!
School Lunch (State)......................................................................!
Supervision and Assessment of Students and Beginning

311
2,806,726,174
38,298,356 4,106,945 1,167,804
0 434,002 3,792,309 2,457,175 1,455,897 13,149,856 704,609
0
736,332,952 620,004,858 271,135,711 89,395,567
91,393,715 220,205,191 30,513,591 50,844,340
23,952,546 81,882,854 642,964,477 120,050,951 (571,249,433) 56,379,453 (64,429,448)
135,847,527 3,825,000 17,439,471 36,071,368
42,198,039
200,000 (37,882,551)
176,909,000
3,000,000
23,722,237
2,300,000 34,043,922 113,396,789 22,106,826

312

JOURNAL OF THE HOUSE,

Teachers and PerformanceBased Certification......................................................................$ Regional Education Service Agencies ..........................................................................$ Georgia Learning Resources System!..........................................................................................! High School Program .....................................................................$ Special Education in State Institutions.........................................................................$ Governor's Scholarships.................................................................$ Special Projects ...............................................................................$ Job Training Partnership Act.......................................................$ Vocational Research and Curriculum....................................................................................$ Salaries and Travel of Public Librarians.........................................................................$ Public Library Materials................................................................$ Talking Book Centers.....................................................................$ Public Library M & 0....................................................................$ Child Care Lunch Program (Federal) .................................................,.....................$ Chapter II - Block Grant Flow Through...............................................................................$ Payment of Federal Funds to Board of Technical and Adult 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) .......................................................................................$ Health Insurance - Non-Cert. Personnel and Retired Teachers...............................................$ Pre-School Handicapped Program ...............................................$ Mentor Teachers.............................................................................$ Nutrition Education Training.......................................................! Pre-Kindergarten Program............................................................! Duty-Free Lunch.............................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

1,500,000
6,474,516
2,326,125 16,062,015
3,515,103 1,658,647
259,341 3,084,680
2,814,402
9,524,498 3,374,253
845,450
3,841,862
16,787,825
10,041,960
11,701,897 2,075,000
150,000
5,164,950 11,828,795
100,000
100,000
3,715,615
232,000
49,583,875 9,025,816
365,625 30,000
0 0 3,214,306,156 340,000 2,806,726,174

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Programs Governor's Honors Program Administrative Services Special Services

4,452,656 24,407,819
1,305,460 9,898,069 9,488,974

!

4,080,893

$

14,505,866

!

1,170,565

$

5,699,988

$

7,243,904

TUESDAY, FEBRUARY 4, 1992

313

Professional Practices Commission
Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

803,672 3,148,739,203
4,325,372 6,341,841
4,543,090 3,214,306,156

803,672 2,759,006,302
4,124,547 6,107,354
3,983,083 2,806,726,174

Section 19. 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 ........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

0
1,402,211 194,364 14,350 0 29,000 302,000 191,000 30,000 864,500 0
3,027,425 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......................................................................$
Ware County Grant for Southern Forest World ......................................,.........................................$
Ware County Grant for Road Maintenance.................................................................................$
Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted................................,...................................$

32,528,095
27,118,042 5,370,569
191,786 1,000,000 1,548,000
183,827 43,670 1,043,064 620,211 73,333
5,000
60,000 100,000 37,357,502 32,528,095

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

2,364,294 32,330,898
2,662,310 37,357,502

$

885,894

$

29,179,891

$

2,462,310

$

32,528,095

Section 21. Georgia Bureau of Investigation.

314

JOURNAL OF THE HOUSE,

Budget Unit: Georgia Bureau of Investigation.......
Operations Budget: Personal Services........................ Regular Operating Expenses.... Travel........................................... Motor Vehicle Purchases..........
Equipment................................... Computer Charges...................... Real Estate Rentals................... Telecommunications.................. Per Diem, Fees and Contracts. Evidence Purchased................... Capital Outlay............................ Total Funds Budgeted............... Total State Funds Budgeted....

35,307,253
27,029,944 2,463,040 550,832 565,374 543,383 1,134,651 1,857,515 1,397,255 796,431 459,804 0
36,798,229 35,307,253

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

2,993,832

$

8,995,040

10,360,700

6,742,189 7,706,468 36,798,229

2,993,832 8,383,869 10,230,250
6,442,244 7,257,058 35,307,253

Section 22. 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 and Youth Grants...........................................................$ Juvenile Justice Grants ..................................................................$ Payments to Hazardous Waste
Management Authority ..............................................................$ Georgia Crime Victims
Assistance Program.....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

22,575,240 10,665,897
565,403 168,634
0 51,070 466,131 944,208 210,593 34,640,161 2,742,462 40,000 4,300,000 152,280 2,629,501 321,301 42,800
0 95,000 1,363,725
82,000
69,849 59,551,015 22,575,240

Office of the Governor Functional Budgets

Total Funds

State Funds

TUESDAY, FEBRUARY 4, 1992

315

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 Council Criminal Justice
Coordinating Council Children and Youth
Coordinating Council Human Relations Commission Governor's Commission on Drug
Awareness and Prevention Professional Standards
Commission Total

7,234,742
818,142
4,569,325 3,576,248 2,248,009 34,320,846
317,885
518,278
675,384
1,837,599 159,114
546,510
2,728,933 59,551,015

7,234,742
708,372
4,569,325 3,059,070 2,248,009
313,732
116,131
518,278
325,218
594,316 159,114
2,728,933 22,575,240

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 ...............................................................$
Equipment..... ...................................................................................$
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................! Telecommunications .......................................................................$ Special Purpose Contracts.............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Institutional Repairs
and Maintenance.........................................................................$ Postage..............................................................................................$ Payments to DMA-Community Care...........................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................$

535,357,607
67,160,524 3,189,828 1,463,197
842,772 210,950 5,888,337 4,072,862 4,155,234 1,426,831 258,000 13,954,848 37,051,582
89,155 1,673,885 11,953,772 153,391,777
638,300 67,967,663

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Budget Administration Community/Intergovernmental
Affairs Special Projects Office of Children
and Youth

723,701 1,753,584
544,916 494,000
13,954,848

723,701 1,753,584
544,916 494,000
13,435,004

316

JOURNAL OF THE HOUSE,

Planning Councils Community Services
Block Grant Administrative Policy Administrative Support
Service Facilities Management Administrative Appeals Regulatory Services
Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Child Support Recovery Financial Services Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning Agency Total

516,307
8,978,459 208,407
13,294,509 5,010,551 1,819,756
740,733 2,670,440
6,935,855 5,851,262 35,849,222 5,240,959 1,934,889 1,862,599
0 468,753 43,105,846
1,432,181 153,391,777

2. Public Health Budget: Personal Services....................................................................... Regular Operating Expenses ................................................... Travel.......................................................................................... Motor Vehicle Purchases .......................................................... Equipment.................................................................................. Real Estate Rentals .................................................................. Per Diem, Fees and Contracts................................................ Computer Charges..................................................................... Telecommunications ................................................................. Crippled Children's Benefits ................................................... Kidney Disease Benefits .......................................................... Cancer Control Benefits........................................................... Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants.......................................................................... Family Planning Benefits........................................................ Crippled Children's Clinics...................................................... Special Purpose Contracts....................................................... Purchase of Service Contracts ................................................ Grant-In-Aid to Counties......................................................... Postage........................................................................................ Grants for Regional Maternal and Infant Care.................................................... Total Funds Budgeted.............................................................. Indirect DOAS Services Funding ........................................... State Funds Budgeted..............................................................

Public Health Functional Budgets

Total Funds

District Health

156,253
0 208,407
12,339,483 3,547,367 1,819,756
730,733 2,670,440
1,896,226 770,521
3,809,668 5,040,959 1,934,889 1,862,599 (6,775,794)
468,753 19,164,017
1,372,181 67,967,663
52,448,088 65,294,432
1,177,397 13,303 70,807
1,223,225 3,677,267
588,143 754,899 7,600,000 77,000 992,470
625,000 515,582 640,000 5,745,534 10,058,491 69,845,582 143,596
819,394 222,310,210
549,718 116,728,938
State Funds

TUESDAY, FEBRUARY 4, 1992

Administration Newborn Follow-Up Care Dental Health Stroke and Heart
Attack Prevention Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Sexually Transmitted
Diseases Family Planning Malnutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis
Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Employees' Health Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management Aids Vaccines Total
3. Rehabilitation Services Budget: Personal Services......................... Regular Operating Expenses ..... Travel............................................ Motor Vehicle Purchases........... Equipment.................................... Real Estate Rentals .................... Per Diem, Fees and Contracts.. Computer Charges....................... Telecommunications................... Case Services................................ E.S.R.P. Case Services................ Special Purpose Contracts......... Purchase of Services Contracts. Institutional Repairs and Maintenance ..................... Utilities......................................... Postage..........................................

10,724,010 963,615
1,456,073
1,962,588
3,364,157
2,336,995
3,533,319 9,700,258 63,986,854 55,015,448 12,307,125 2,927,609 1,273,785
982,976 712,477
2,428,563 4,694,952 3,420,278 6,910,322
872,781 690,155 2,083,243 926,128 316,788 1,069,350 1,770,844 854,385 1,045,670 5,441,157 3,362,137 484,686 6,198,063 8,493,419 222,310,210

317
10,594,335 761,440
1,245,898
1,432,588
2,794,378
2,336,995
294,252 5,742,742
0 47,842,229 7,858,920
1,871,061 1,165,029
744,786 0
2,056,615 3,088,548 2,184,811
517,582 872,781 690,155 1,861,350 728,903 166,788 940,980 1,564,939 631,567 811,789 5,321,157 I,274,229 396,049 3,042,623 5,893,419 116,728,938
65,052,754 II,242,407
735,924 62,815 354,895 3,375,732 4,800,825 1,914,666 1,374,338 16,679,991 27,000 696,834 7,417,996
234,000 872,224 510,068

318

JOURNAL OF THE HOUSE,

Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

115,352,469
100,000 20,152,947

Rehabilitation Services Functional Budgets

Total Funds

State Funds

District Field Services Independent Living Bobby Dodd Workshop Sheltered Employment Community Facilities State Rehabilitation
Facilities Diversified Industries
of Georgia Program Direction
and Support Grants Management Disability Adjudication Georgia Factory for
the Blind Roosevelt Warm Springs
Institute Total

36,756,026 552,690 454,728
1,598,911 6,177,911
7,201,625
720,630
3,720,614 684,280
25,103,011
11,355,065
21,026,978 115,352,469

7,337,401 349,402 283,661 756,597
3,210,901
1,440,323
0
1,100,556 684,280 0
711,192
4,278,634 20,152,947

4. Family and Children Services Budget:
Personal Services............................. Regular Operating Expenses......... Travel................................................ Motor Vehicle Purchases............... Equipment........................................ Real Estate Rentals........................ Per Diem, Fees and Contracts...... Computer Charges........................... Telecommunications....................... Children's Trust Fund.................... Cash Benefits................................... Special Purpose Contracts............. Service Benefits for Children........ Purchase of Service Contracts ...... Postage.............................................. Grants to County DFACS -
Operations.................................... Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

13,889,915 1,549,483
338,633 0
72,355 246,861 4,453,589 17,410,215 1,249,522 998,044 436,567,274 3,509,760 85,007,479 1,160,001 2,064,694
226,082,976 794,600,801
2,339,882 330,508,059

Family and Children Services Functional Budgets

Total Funds

State Funds

Director's Office Social Services Program Support Administrative Support Regional Administration

$

755,927

$-

2,704,795

$

3,139,514

$

5,095,012

$

3,434,352

755,927 2,704,795 2,974,927 4,049,208 3,434,352

TUESDAY, FEBRUARY 4, 1992

Public Assistance Management Information
Systems AFDC Payments SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations
Eligibility County DFACS Operations
Social Services Food Stamp Issuance County DFACS Operations
Homemakers Services County DFACS Operations
Joint and Administration County DFACS Operations
Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Children's Trust Fund
Commission
Indirect Cost Total

$

4,037,158

$

20,136,045

$ 428,595,508

$

100

$

1,908,666

$

6,917,000

$

99,955,408

$

70,237,475

$

2,637,600

$

7,196,928

$

44,126,698

$

4,566,467

$

5,310,151

$

1,665,067

$

32,665,918

$

4,578,877

$

1,089,523

$

5,353,680

$

36,084,555

$

48,334

$

228,334

$

1,018,591

$

1,113,118

$

0

$ 794,600,801

Budget Unit Object Classes: Personal Services..................................................................... Regular Operating Expenses................................................. Travel........................................................................................ Motor Vehicle Purchases ....................................................... Equipment................................................................................ Real Estate Rentals ................................................................ Per Diem, Fees and Contracts .............................................. Computer Charges................................................................... Telecommunications ............................................................... Crippled Children's Benefits................................................. Kidney Disease Benefits ........................................................ Cancer Control Benefits......................................................... Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants........................................................................ Family Planning Benefits ...................................................... Case Services............................................................................ E.S.R.P. Case Services............................................................ Crippled Children's Clinics.................................................... Children's Trust Fund............................................................ Cash Benefits ........................................................................... Special Purpose Contracts ..................................................... Service Benefits for Children................................................ Purchase of Service Contracts ..............................................

319
2,299,037
8,357,511 164,239,500
100 0 0
49,867,353
21,832,966 0
1,824,920
21,379,319
1,750,392 1,544,916 1,309,379 23,850,878 3,728,905 1,050,782 3,773,991 13,915,983
48,334 228,334 996,233
1,113,118 (6,523,101) 330,508,059
198,551,281 81,276,150 3,715,151
918,890 709,007 10,734,155 17,004,543 24,068,258 4,805,590 7,600,000 77,000 992,470
625,000 515,582 16,679,991 27,000 640,000 998,044 436,567,274 10,210,128 98,962,327 55,688,070

320

JOURNAL OF THE HOUSE,

Grant-In-Aid to Counties...............................................................$ Institutional Repairs
and Maintenance .........................................................................$ Utilities.............................................................................................! Postage..............................................................................................$ Payments to DMA-Community Care...........................................$ Grants for Regional Maternal
and Infant Care ...........................................................................$ Grants to County DFACS -
Operations ....................................................................................$

69,845,582
323,155 872,224 4,392,243 11,953,772
819,394
226,082,976

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.............................................................................................$ Authority Lease Rentals ................................................................$ Institutional Repairs and Maintenance.................................................................................! Grants to County-Owned Detention Centers .......................................................................$ Substance Abuse Community Services ...................................................................$ Mental Retardation Community Services ...................................................................$ Mental Health Community Services ...................................................................$ Community Mental Health Center Services............................................................................! Special Purpose Contract...............................................................! Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................! Medicaid/Medicare Certification Contingency..................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................! State Funds Budgeted....................................................................!

479,026,933
391,662,514 38,856,368 1,066,496
125,000 1,387,977 4,113,135 1,211,440 3,041,550 6,535,123 13,677,134
0
1,635,606
2,540,400
41,285,715
90,523,406
19,269,403
57,782,864 797,118
4,940,940 349,164
250,000 681,051,353
2,404,100 479,026,933

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

39,604,408 30,866,453
31,266,479
23,944,662

22,938,262 11,259,270
24,852,174
20,517,874

TUESDAY, FEBRUARY 4, 1992

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 Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services
Runaway Investigation/
Interstate Compact
Assessment and
Classification
Youth Services

29,305,862
29,821,961 130,234,305
24,736,003
45,626,763
23,127,862 3,292,893
9,584,500
4,628,395
719,329
68,711,404 18,935,921
701,283 479,632 1,100,019
57,782,864 372,125
1,407,237
272,971 333,482
3,918,597
16,399,668
88,773 9,106,214
19,761,003 10,852,740 7,326,864 4,392,332 4,121,563 13,893,312 2,907,220
937,067 712,242 6,045,345
763,027
446,438

321
21,521,150
20,589,472 76,931,126
19,826,039
19,760,157
18,123,287 2,467,169
9,408,192
2,984,414
0
40,975,404 16,752,691
674,408 479,632 1,100,019
47,993,721 372,125
1,197,237
272,971 333,482
3,918,597
16,399,668
88,773 4,923,526
19,090,503 10,486,281 7,243,635 3,775,202 3,543,686 13,893,312 2,907,220
937,067 712,242 6,045,345
763,027
446,438

322

JOURNAL OF THE HOUSE,

Administration Medicaid/Medicare Certification
Contingency Total

2,272,135
250,000 681,051,353

2,272,135
250,000 479,026,933

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........................................................... 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.............................................................. Georgia Council for
International Visitors.............................................................. Waterway Development in
Georgia...................................................................................... Contract - Georgia Association
of Broadcasters........................................................................ Southern Center for
International Studies.............................................................. Lanier Regional Watershed
Commission.............................................................................. Capital Outlay............................................................................. Total Funds Budgeted................................................................ State Funds Budgeted................................................................

15,453,602
7,527,570 1,299,368
281,803 26,000 35,531 110,278 800,633 208,796 238,580 129,500
4,380,667
1,445,000
0
0
0
0
0
0 0 16,483,726 15,453,602

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

4,086,782 5,075,704 7,321,240 16,483,726

$

3,266,782

$

4,915,704

$

7,271,116

$

15,453,602

Section 25. 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 ........................................................................$

12,150,922
10,496,153 583,301 510,602 0 105,546 268,816 520,761

TUESDAY, FEBRUARY 4, 1992

323

Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Care Utilization Review....................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

249,625 51,600 100,000 12,886,404 12,150,922

Department of Insurance Functional Budgets

Total Funds

State Funds

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

$

2,383,152

$

5,665,054

$

602,654

$

4,235,544

$

12,886,404

$

2,383,152

$

5,535,054

$

602,654

$

3,630,062

$

12,150,922

Section 26. 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....................................................................$

6,173,541
63,221,658 5,481,591 1,014,839
0 468,869 3,772,454 1,259,182 1,260,815
65,281,260 2,827,168 0 1,774,078 2,800,000
149,161,914 6,173,541

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Services Total

$

5,637,366

$

18,657,136

$ 124,867,412 $ 149,161,914

$

643,168

$

2,913,095

$

2,617,278

$

6,173,541

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

8,475,028
7,695,808 367,147 111,057 0 11,205 169,406 462,241 98,164 60,000 110,000

324

JOURNAL OF THE HOUSE,

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

9,085,028 8,475,028

Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$
Equipment........................................................................................? Computer Charges...........................................................................$
Real Estate Rentals ........................................................................?
Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................?
Medicaid Benefits, Penalties and Disallowances.......................................................................?
Payments to Counties for
Mental Health..............................................................................? Audit Contracts...............................................................................? SFY 1991 Medicaid Benefits,
Penalties and Disallowances......................................................? Total Funds Budgeted....................................................................?
State Funds Budgeted....................................................................?

789,034,026
12,562,656 555,717 98,000 0 33,290
18,381,115 935,973 431,058
50,395,285
1,940,338,960
39,140,013 772,500
246,033,809 2,309,678,376
789,034,026

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties
and Disallowances Community Services
Systems Management Professional Services Program Compliance Institutional Policy
and Reimbursement
Maternal and Child Health Total

?

45,204,075

? 2,225,512,782

$

1,143,575

?

20,439,367

?

1,628,872

$

4,223,369

?

11,100,434

?

425,902

? 2,309,678,376

?

1,211,378

? 774,804,005

?

344,419

?

5,574,898

?

585,482

$

1,541,810

?

4,826,239

?

145,795

? 789,034,026

B. Budget Unit: Indigent Trust Fund................................................? Indigent Trust Fund Budget:
Per Diem, Fees and Contracts......................................................?
Benefits.............................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

95,607,241
682,100 249,257,433 249,939,533 95,607,241

Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration........................................................?
Departmental Operations Budget: Personal Services...................................................................................?
Regular Operating Expenses.........................................................? Travel................................................................................................? Equipment........................................................................................?
Real Estate Rentals........................................................................? Per Diem, Fees and Contracts......................................................?
Computer Charges...........................................................................?

0
8,000,752 1,647,665
84,509 53,553 918,326 92,025,948 2,744,579

TUESDAY, FEBRUARY 4, 1992

Telecommunications .............. Health Insurance Payments. Total Funds Budgeted........... Other Agency Funds.............. Agency Assessments............... Employee and Employer
Contributions ...................... Deferred Compensation......... State Funds.............................

Merit System Functional Budgets

Total Funds

Commissioner's Office Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Total

1,575,957 2,540,398
1,157,755 1,258,887
1,261,930
25,819,672 682,855,136
2,488,416 718,958,151

Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources............................................... Operations Budget:
Personal Services........................................................... Regular Operating Expenses....................................... Travel.............................................................................. Motor Vehicle Purchases............................................. Equipment...................................................................... Real Estate Rentals...................................................... Per Diem, Fees and Contracts .................................... Computer Charges......................................................... Telecommunications..................................................... Authority Lease Rentals.............................................. Advertising and Promotion.......................................... Cost of Material for Resale ......................................... Capital Outlay: New Construction.......................................................... Repairs and Maintenance............................................ Land Acquisition Support........................................... Wildlife Management Area Land
Acquisition.................................................................. Shop Stock - Parks ....................................................... User Fee Enhancements............................................... Buoy Maintenance........................................................ Waterfowl Habitat........................................................ Paving at State Parks and
Historic Sites.............................................................. Grants:
Land and Water Conservation.................................... Environmental Facilities.............................................. Historic Preservation....................................................

325
299,927 613,182,892 718,958,151
17,000 9,267,537
709,545,696 127,918 0
State Funds
62,820,656
59,043,999 11,130,908
405,734 1,857,013 1,868,915 1,816,335 1,016,553
620,982 1,026,838
227,000 150,000 2,350,000
100,000 1,555,734
211,500
530,000 300,000 1,247,478 20,000
0
400,000
800,000 0
239,112

326

JOURNAL OF THE HOUSE,

Recreation.........................................................................................$ Contracts:
Georgia Special Olympics ..............................................................$ Georgia Sports Hall of Fame.........................................................$ Technical Assistance Contract ......................................................$ Corps of Engineers (Cold Water
Creek State Park)........................................................................$ Georgia Rural Water
Association....................................................................................$ Georgia State Games Commission................................................$ U. S. Geological Survey for
Ground Water Resources ...........................................................$ U. S. Geological Survey for
Topographic Mapping ................................................................$ Payments to Georgia Agricultural
Exposition Authority ..................................................................$ Georgia Boxing Commission..........................................................$ Total Funds Budgeted....................................................................$ Receipts from Jekyll Island
State Park Authority ..................................................................$ Receipts from Stone Mountain
Memorial Association .................................................................$ Indirect DOAS Funding.................................................................$ State Funds Budgeted....................................................................$

0
179,117 0
108,687
175,000
10,000 123,824
300,000
0
1,998,560 5,000
89,818,289
314,594
724,572 200,000 62,820,656

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and
Historic Sites Coastal Resources Game and Fish Environmental Protection Total

$

6,783,027

$

33,706,891

$

1,720,416

$

27,432,758

$

20,175,197

$

89,818,289

$

4,244,892

$

17,148,523

$

1,625,416

$

23,287,628

$

16,514,197

$

62,820,656

B. Budget Unit: Georgia Agricultural Exposition Authority ..............................................$
Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

0
1,336,328 1,215,367
21,600 20,000 76,600 28,500
0 18,000 395,340
0 3,111,735
0

Functional Budget

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

3,111,735

$

0

TUESDAY, FEBRUARY 4, 1992

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.................................. Equipment........................................................... Computer Charges.............................................. Real Estate Rentals........................................... Telecommunications.......................................... Per Diem, Fees and Contracts......................... State Patrol Posts Repairs
and Maintenance............................................ Capital Outlay.................................................... Total Funds Budgeted.......................................
Indirect DOAS Service Funding...................... State Funds Budgeted.......................................

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................................. Total Funds Budgeted....................................... Indirect DOAS Service Funding...................... State Funds Budgeted......................................

Public Safety Functional Budgets

Total Funds

Administration Driver Services Field Operations Total

$

11,021,910

$

24,245,846

$

45,508,234

$

80,775,990

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.....

327
79,125,990
45,792,359 7,300,576
112,942 2,010,000
340,952 0
40,501 588,164 194,650
150,000 0
56,530,144 150,000
56,380,144
16,096,823 1,691,350
21,883 0
78,497 4,411,000
37,507 576,836 85,350
0 265,000 981,600 24,245,846 1,500,000 22,745,846
State Funds
11,021,910 22,745,846 45,358,234 79,125,990
12,720,097
7,279,637 2,287,929
106,464 26,460 129,131 416,291 95,366 142,163 674,662

328

JOURNAL OF THE HOUSE,

Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted............................................................... .....$

2,604,356
0 13,762,459 12,420,462

2. Office of Highway Safety Budget: Personal Services..... ........................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases .......... Equipment................................... Computer Charges...................... Real Estate Rentals .................... Telecommunications.................. Per Diem, Fees and Contracts. Highway Safety Grants ............. Total Funds Budgeted............... State Funds Budgeted...............

443,906 33,330 11,328
0 800 45,874 75,078 4,600 37,540 3,500,000 4,152,456 299,635

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

!

4,152,456

$

4,534,987

$

1,125,042

$

1,191,770

!

418,372

!

0

$

6,492,288

$

17,914,915

!

299,635

$

4,508,527

!

958,382

!

1,111,770

!

418,372

!

0

!

5,423,411

!

12,720,097

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

9,851,433
441,433 9,410,000 9,851,433 9,851,433

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

6,767,298
6,007,361 365,529 180,334 58,260 12,523 252,050 294,458

TUESDAY, FEBRUARY 4, 1992

329

Telecommunications......................................................................^ Per Diem, Fees and Contracts......................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................I

114,366 898,115 8,182,996 6,767,298

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,582,117

$

3,001,671

$

3,599,208

$

8,182,996

1,582,117 1,699,695 3,485,486 6,767,298

Section 34. 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............................................... Capital Outlay.................................................... Total Funds Budgeted....................................... Departmental Income........................................ Sponsored Income.............................................. Other Funds........................................................ Indirect DOAS Services Funding .................... State Funds Budgeted.......................................

737,409,957
858,005,430 112,628,630
192,410,753 125,986,366
5,625,000
298,647 324,345 284,292 18,043,465 1,313,606,928 31,702,402 238,614,996 302,852,273 3,027,300 737,409,957

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

133,326,565
213,153,356 69,540,893
116,838,276 37,571,199
51,750 1,848,086
1,394,187
2,635,415 2,439,285
149,391
1,520,635

330

JOURNAL OF THE HOUSE,

SREB Payments..............................................................................$ Medical Scholarships......................................................................$ Regents Opportunity Grants .........................................................$ Regents Scholarships ......................................................................$ Rental Payments to Georgia
Military College...........................................................................$ CRT Inc. Contract at Georgia Tech
Research Institute .......................................................................$ Direct Payments to the Georgia
Public Telecommunications Commission for Operations........................................................$ Total Funds Budgeted....................................................................$ Departmental Income.....................................................................! Sponsored Income...........................................................................$ Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

7,778,575 1,014,026
564,000 188,000
781,416
231,300
6,152,279 463,852,069
0 111,220,021 218,749,783
555,700 133,326,565

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

$

1,906,473

$

3,536,045

$

1,305,407

$ 127,573,810

$

7,161,086

$

48,442,115

$

42,872,081

$ 193,755,430

$

2,468,373

$

2,303,303

$

5,865,669

$

2,450,164

$

3,049,212

$

21,162,901

$ 463,852,069

$

1,369,685

$

1,350,517

$

854,684

$

11,750,474

$

1,867,348

$

31,581,603

$

26,236,269

$

28,557,028

$

2,468,373

$

452,014

$

5,865,669

$

0

$

0

$

20,972,901

$ 133,326,565

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

6,820,748 7,168,653 13,989,401

TUESDAY, FEBRUARY 4, 1992

331

Other Funds.............................................. State Funds Budgeted.............................

13,989,401 0

Section 35. Department of Revenue. Budget Unit: Department of Revenue....... Operations Budget:
Personal Services...................................... Regular Operating Expenses.................. Travel ......................................................... Motor Vehicle Purchases........................ Equipment................................................. Computer Charges.................................... Real Estate Rentals................................. Telecommunications................................ Per Diem, Fees and Contracts............... County Tax Officials/Retirement
and FICA............................................... Grants to Counties/Appraisal
Staff........................................................ Motor Vehicle Tags and Decals............. Postage....................................................... Total Funds Budgeted............................. Indirect DOAS Services Funding.......... State Funds Budgeted.............................

67,997,842
46,318,640 4,257,943 1,245,050
0 290,955 8,740,450 2,036,891 657,245 267,625
2,327,000
0 2,585,175 3,235,868 71,962,842 3,845,000 67,997,842

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 State Board of Equalization Total

4,369,008 9,832,657 5,764,090 15,842,417 7,868,878 14,662,377 6,440,830 3,029,985 4,105,748
46,852 71,962,842

4,369,008 9,632,657 5,546,090 15,542,417 6,911,878 13,030,377 6,440,830 2,828,985 3,648,748
46,852 67,997,842

Section 36. Secretary of State. Budget Unit: Secretary of State.......
Personal Services........................... Regular Operating Expenses....... Travel.............................................. Motor Vehicle Purchases............. Equipment...................................... Computer Charges......................... Real Estate Rentals...................... Telecommunications..................... Per Diem, Fees and Contracts.... Election Expenses......................... Total Funds Budgeted.................. State Funds Budgeted..................

21,163,744 14,852,113 1,950,296
174,350 0
26,761 858,111 2,282,731 200,095 719,287 600,000 21,663,744 21,163,744

Secretary of State Functional Budgets

Total Funds

State Funds

332

JOURNAL OF THE HOUSE,

Internal Administration Archives and Records Business Services and
Regulation Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission Occupational Certification Total

$

3,034,874

$

4,439,985

$

3,935,422

$

1,281,524

$

951,497

$

181,709

$

7,838,733

$

21,663,744

$

2,894,874

$

4,364,985

$

3,840,422

$

1,245,524

$

897,497

$

181,709

$

7,738,733

$

21,163,744

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

1,834,806
1,007,626 153,900 15,000 44,000 12,500 329,330 113,700 24,000 134,750
1,834,806 1,834,806

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$

1,834,806

$

1,874,806

Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water
Conservation Commission......................................$ Soil and Water Conservation Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ County Conservation Grants.........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

1,700,695
894,258 107,727 56,975
0 12,557 6,846 56,218 18,676 477,421 449,198 2,079,876 1,700,695

Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission..............................................................$
Administration Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$
Equipment........................................................................................? Computer Charges...........................................................................$

21,882,053
4,767,718 401,011 81,800 0 21,000 371,000

TUESDAY, FEBRUARY 4, 1992

333

Telecommunications.................... Per Diem, Fees and Contracts... Real Estate Rentals..................... 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................

147,800 38,000 18,000 296,017 4,076,000 13,790,142 4,728,461
36,000
95,500 162,000
462,030
398,784 29,891,263 21,882,053

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

$

5,339,364

$

296,017

$

23,748,917

$

506,965

$

29,891,263

0
0
21,377,870
504,183 21,882,053

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............................................................ Total Funds Budgeted............................................................ State Funds Budgeted............................................................

3,950,000
3,191,881 319,860 26,650 16,000
1,078,000 301,000 113,978 330,000
3,250,000
700,000 9,327,369 3,950,000

Section 40. 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.................................................

119,154,811
3,604,265' 347,841

334

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Equipment. .......................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Personal Services-Institutions.......................................................$ Operating Expenses-Institutions...................................................$ Capital Outlay .................................................................................$ Quick Start Program ......................................................................$ Area School Program......................................................................$ Regents Program .............................................................................$ Adult Literacy Grants ....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

104,750
0 13,000 218,970 495,110 144,000 555,526 83,703,023 18,525,922
0 5,927,866 23,625,320 2,612,148 8,657,535 148,535,276 119,154,811

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

5,483,462 143,051,814 148,535,276

$

3,746,108

$ 115,408,703

$ 119,154,811

Section 41. Department of Transportation. Budget Unit: Department of
Transportation ........................................................$ For Public Roads and Bridges 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 .................................................................................$ 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....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

416,758,626
220,636,017 60,139,571
1,635,678 500,000
4,356,489 4,538,721 1,355,827 2,007,701 9,707,746 579,551,371
925,335
875,000 8,141,520
837,000
0 895,207,976 416,758,626

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction

625,933,089

167,858,089

TUESDAY, FEBRUARY 4, 1992

335

Maintenance and Betterments Facilities and Equipment Administration Total

$ 225,120,721

$

7,099,748

$

22,187,157

$ 880,340,715

$ 213,880,721

$

6,499,748

$

21,642,157

$ 409,880,715

General Funds Budget

Total Funds

State Funds

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

0 1,279,474
11,891,502
837,000 859,285 14,867,261

0 955,211
4,226,415
837,000 859,285 6,877,911

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.........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?

20,942,949
4,365,624 107,713 62,983 0 32,620 10,795 231,872 53,760 23,100 0
14,912,640
5,878,566
131,100 25,810,773 20,942,949

Veterans Service Functional Budgets

Total Funds

State Funds

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

4,865,017
15,043,190
5,902,566 25,810,773

$

4,649,988

$

11,823,202

$

4,469,759

$

20,942,949

Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board.............................................. Operations Budget:
Personal Services................................................... Regular Operating Expenses............................... Travel....................................................................... Motor Vehicle Purchases .....................................

8,469,587
6,524,668 304,468 63,540 0

336

JOURNAL OF THE HOUSE,

Equipment........................................................................................$ Computer Charges................................... .......................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Georgia Crime Victims Assistance
Program ........................................................................................$ Payments to State Treasury..........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

2,687 210,673 984,835 101,250 116,315
30,151 241,000 8,579,587 8,469,587

Section 44. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (Issued) ...............................$ Motor Fuel Tax Funds (Issued).........................$

251,163,218 70,000,000 321,163,218

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ..................................$ Motor Fuel Tax Funds (New)............................$

24,326,020 9,260,000 33,586,020

Section 45. State of Georgia Guaranteed Revenue Debt Common Reserve Fund.
Budget Unit: State of Georgia
Guaranteed Revenue Debt Common Reserve Fund (Issued) ...........................................$

5,000,000

In addition to all other appropriations for State Fiscal Year 1992, there is appropriated the sum of $4,630,000 for payment into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the Georgia Environmental Facilities Authority for loans to local governments for "sewerage facilities" and "water facilities" as defined in the Act of the Authority. The maximum principal amount of the specific issue shall not exceed $50,000,000; the amount of the highest annual debt service shall not exceed the amount of this appropriation, and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.

Section 46. 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 47. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for
judges and employees of the Court.

Section 48. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe-
rior Courts of the State of Georgia, including the payment of Judges' salaries, the payment

TUESDAY, FEBRUARY 4, 1992

337

of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 49. 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 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 51. 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 52. Provisions Relative to Section 11, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is designated and committed for youth programs and activities.
Section 54. Provisions Relative to Section 15, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Section 55. Provisions Relative to Section 16, Department of Corrections. It is the intent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded probation positions and related costs.
It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991 when possible.
Provided, that the Department shall require the same qualifications for contract chaplains as that for classified merit system positions with the same job duties.
Section 56. 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 $1,647.07 In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

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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 1992.
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 1992 on the basis of one eighteenth 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 1992 that it contributed during SFY 1991.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information system and the electronic information network are considered to be for the same purpose.
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.
Provided, that of the above appropriation relative to Staff Development/Professional Development, $100,000 is designated and committed for the purpose of School Board Training.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited public high schools.
It is the intent of this General Assembly that the services currently provided by the Regional Directors to local schools be continued by the Department of Education in any reorganization plan. The General Assembly intends to review the Department's reorganization of regional services prior to and during the 1992 regular session.
Section 57. Provisions Relative to Section 19, Employees Retirement System. The Employees Retirement System is authorized to increase the employer contribution rate by nine one hundredths of one percent of salaries to fund the following:
1.) A one and one-half percent cost-of-living increase effective July 1, 1991. 2.) A one and one-half percent cost-of-living increase effective January 1, 1992.
Section 58. Provisions Relative to Section 22, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than Departmental internal forms.
Section 59. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to

TUESDAY, FEBRUARY 4, 1992

339

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 $ 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 each MH-MR-SA institution for fiscal year 1992 that was authorized in fiscal year 1987.
Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease. The Department is authorized to utilize troubled children's benefits to expand community placements in order to secure additional federal Medicaid funding.
It is the intent of this General Assembly that expansion funds for the PEACH program be distributed to designated counties on a need basis, not to exceed $50,000 in State Funds per county.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis.
The Department is authorized to expend funds on the following programs in Fiscal Year 1992 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physically or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Continuum for Juvenile Offenders. Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, that Central State Hospital is authorized to expend $200,000 of the existing appropriation for the purchase of Clozapine tablets to be used in the treatment of schizophrenic clients. Provided that, in the event funding from the Ryan White Comprehensive AIDS Resource Emergency (Care) Act of 1990 is not appropriated at the level applied for, the Department of Human Resources is authorized and directed to contract with the Visiting Nurse Association, Grady AIDS Clinic, and AID Atlanta for a period of nine months rather than twelve months. Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting.

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It is the intent of this General Assembly that no funds directed to the Department of Veterans Services for payments to Central State Hospital shall be redirected or used by the Department of Human Resources for any function other than the Veterans Nursing Home at Central State Hospital.
It is the intent of this General Assembly that the Department of Human Resources continue the Huntington Disease program through the assignment of existing personnel to the program.
It is the intent of this General Assembly that all previously allocated Drug Block Grant funds for the Fetal Alcohol Program ($247,660) be used, along with the $24,458 state appropriations to continue the fetal alcohol program at its current level.
Section 60. Provisions Relative to Section 25, Department of Insurance. It is the intent of this General Assembly that the Office of Planning and Budget and the Commissioner of Insurance shall devise a plan and schedule for the implementation of Code 33, Chapter 46. This Plan shall include, but not be limited to, the development of utilization review standards, rules and regulations, fee schedule, and staffing levels. Upon completion of the Plan any remaining funds from the $100,000 herein appropriated may be used by the Department of Insurance to implement the Plan.
Section 61. Provisions Relative to Section 28, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
Section 62. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $155.00 per merit system budgeted position for the cost of departmental operations.
Each agency and department head shall cause to be filed with the chairman and each member of the House and Senate Appropriations Committees at their legislative offices on the first day of each month beginning September 1, 1991, the name, position, race, and gender of each employee who is terminated or reassigned as a result of the reduction in funds and positions enacted by this Act and, in the case of reassignment, the position to which such employee was reassigned.
If any officer or employee of any department, agency, or other institution of state government is separated from state employment as a result of the budgetary reductions provided for in this Act and such officer or employee therefore becomes entitled to an involuntary separation retirement or pension benefit, then no department, agency, or other institution of state government shall contract with such former officer or employee, directly or indirectly, for the rendering of personal services by or under the direction of such former officer or employee. Likewise, no department, agency or other institution shall contract for the rendering of personal services by any other entity, if the former officer or employee will play a substantial role in the contracting for or delivery of such personal services or will derive a substantial financial benefit from the contract.
Employees whether in the classified service or are serving in an unclassified position who are so employed on the effective date of this Act and who are laid off as a result of budget reductions in this amendatory Act to the "General Appropriations Act" for State Fiscal Year 1991-1992 shall retain status in and will have the right to be reinstated to a position in the class in their competitive area for a period of two years from the date of separation. The reinstatement shall be in inverse order to the order of layoff. A refusal by the employee of reinstatement upon reasonable notice by the appointing authority nullifies the right to reinstatement under this provision.
It is the intent of this General Assembly that the rates of the employer contributions to the state-administered health insurance plans for teachers, non-certified school personnel and state employees be reduced so that the amount of direct and indirect State Funds

TUESDAY, FEBRUARY 4, 1992

341

contributed in the final five months of SFY 1992 will be at least $62,000,000 less than would have been the case without such rate reductions.
Section 63. 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.
Provided that of the funds appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991.
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 Office of Planning and Budget is authorized to use 50 percent of the excess receipts to supplant State funds and 50 percent may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 64. Provisions Relative to Section 31, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accordance with the Rules and Regulations issued by the Commissioner of Public Safety.
Section 65. Provisions Relative to Section 34, Board of Regents, Univer sity 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.
To reduce funding for Resident Instruction; the Board of Regents has flexibility in the application of reduced funding. However, the Governor recommends that teacher education and nursing programs be continued to the maximum extent possible as part of the Special Funding Initiative and that the Board of Regents begin the process of increasing fees for continuing education programs.
Section 66. Provisions Relative to Section 36, Secretary of State. It is the intent of this General Assembly that the Secretary of State be given flexibility in making the position reductions recommended by the Governor.
Provided, that of the funds appropriated for Occupational Certification, $60,000 is authorized for board member participation at conferences related to professional regulation.
Section 67. 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 Technical and Adult Education.
Provided, that of the funds appropriated for the Quick Start Program, $50,000 is designated and committed to compensate Southeastern Paper Company for prior year projects.
Section 68. Provisions Relative to Section 41, Department of Transporta tion. 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

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authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 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.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $495,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 69. In addition to all other appropriations for the State fiscal year ending June 30, 1992, 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 $9,320,000 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 ($9,200,000 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 departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 70. 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

TUESDAY, FEBRUARY 4, 1992

343

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 71. 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 vehicles 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 tiis General Assembly.
Section 72. 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 noncomplaince with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 73. 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 74. 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 75. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 76. 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.

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Section 77. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 78. (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 1991 Regular Session, as amended by the Governor's budget recommendations as submitted to the General Assembly at the August, 1991 extraordinary session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 79. 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 80. 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

TUESDAY, FEBRUARY 4, 1992

345

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 81. 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 new issues of general obligation 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 two hundred forty months.

Construction of Public Libraries
Local School Construction and Planning Grants
Governor's Road Improvement Program
Board of Regents -Capital Outlay for Various Institutions
Installation or Replacement of Fire Alarm Systems at Mental Hospitals and Youth Development Centers
Installation or Replacement of HVAC Systems in Mental Hospitals and Youth Development Centers
Roofing Projects at Various DHR Hospitals and Facilities
Renovate and Replace Mechanical and Utility Systems at Various DHR Hospitals
Construction of Connecting Bridge at the Georgia World Congress Center
Renovation of the Trinity Washington Building
Classrooms, Land Acquisition, Design, Equipment and Renovations at Various Technical and Adult Institutions
Communications Equipment for the Public Telecommunications Commission
Construction Funding and Equipment for the Board of Regents (Georgia Research Alliance)

Principal Amount

$

3,505,000

140,000,000

100,000,000

68,911,600

2,100,000

2,015,000 3,095,000 2,790,000 3,000,000 12,700,000

Debt Service
324,563 12,964,000 9,260,000 6,381,215
194,460
186,589 286,597 258,354 277,800 1,176,020

9,658,400 1,425,000 13,500,000

894,367 131,955 1,250,100

Section 82. Other Budget Adjustments To reflect rate reduction in health

(62,000,000)

Section 83. TOTAL STATE FUND APPROPRIATIONS

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State Fiscal Year 1992.. ..........................................................$

7,551,311,790

Section 84. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 85. 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 report of the 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates N Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Brush
Y Buck Y Buckner YByrd Y Campbell
N Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwel! Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G N Davis.M Y Dixon.H
Dixon,S E Dobbs Y Dover Y Dunn
Y Edwards N Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden N Goodwin E Green Y Greene
Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harri ,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
NLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Long YLord Y Lucas YMann Y Martin
Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C
Y Meadows Y Merritt Y Milam

Y Mills
Y Mobley Y' Moody N Morsberger Y' Moultrie N Mueller Y Oliver.C Y Oliver.M N Orr Y Orrock Y Padgett Y' Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit N Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C
N Presley Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Y Smith.T Y Smith.W Y Smyre Y Snow
Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y' Thomas,C Y Thomas.M Y Thomas,N Y' Thurmond Y Titus
Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J Y Walker.L Y Wall Y Watson
Y Watts Y White Y Wilder
Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1262 was ordered immediately transmitted to the Senate.

HB 1216.

By Representative Campbell of the 23rd:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving while a license is suspended or revoked, so as to authorize any municipal court of any municipality to impose the punishment provided in this Code Section notwithstanding the limits set forth in its municipal charter.

TUESDAY, FEBRUARY 4, 1992

347

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
N Barnett.B Barnett,M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Y Buck Y Buckner
Byrd
Y Campbell Y Canty
Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L
Coker
Y Coleman Colwell
Y Connell Y Culbreth
Y Cummings,B Cummings.M
Y Davis.D Davis.G Davis.M
Y Dixon.H Dixon.S
E Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene
Griffin
Y Groover Hamilton
Y Hammond Y Manner Y Harris.B Y Harris,J

Heard Y Henson
Herbert Y Holland Y Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Jamieson
Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee Y Long
Lord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry Pettit Y Pinholster Y Pinkston YPoag Y Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C
Thomas,M
Y Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend
Turnquest Twiggs
Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder
Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Barnett of the 59th, Carrell of the 65th, Perry of the 5th, Coker of the 21st and Poston of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1195.

By Representatives Reaves of the 147th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th, Purcell of the 129th and others:
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 maximum compensation to be paid for destroyed honeybee colonies.

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

Y Abernathy Y Adams Y' Aiken Y Alford Y Ashe Y Atkins

Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux

Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush

YBuck Y Buckner
Byrd
Y Campbell Y Canty Y Carrell

348

JOURNAL OF THE HOUSE,

Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M N Davis.D
Y Davis.G Y Davis.M Y Dixon.H
Dixon.S E Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W Y Flynt

Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Y Howard Y Hudson
Y Irwin Y Jackson
Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane.D

Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B McKinney.C
Y Meadows Y Merritt Y Milam Y Mills
Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham

Y Parrish
Y Patten Y Pelote
Perry
Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Y Smyre

Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M
Thomas.N Y Thurmond Y Titus
Tolbert Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L
Y Wall Y Watson Y Watts Y White Y Wilder
Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 156, nays 1. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

HB 1197.

By Representatives Reaves of the 147th, Buckner of the 72nd, Purcell of the 129th, Royal of the 144th, Carter of the 146th and others:
A bill to amend Code Section 4-10-5 of the Official Code of Georgia Annotated, relating to licenses for bird dealers and the fees related thereto, so as to change the provisions relating to fees for such licenses.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 4-10-5 of the Official Code of Georgia Annotated, relating to licenses for bird dealers and the fees related thereto, so as to change the provisions relating to fees for such licenses; 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 4-10-5 of the Official Code of Georgia Annotated, relating to licenses for bird dealers and the fees related thereto, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Bird dealers' licenses shall be issued for a period of one year and shall be annually renewable. The department may establish separate classes of licenses, including wholesale and retail licenses. The department shall fix fees for licenses so that the revenue derived from licenses shall approximate the total direct and indirect costs of administering this chapter; but the annual eest ef a wholesale fee for any such license shall
exceed $10.00 $200XX)77

TUESDAY, FEBRUARY 4, 1992

349

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 Abernathy Y Adams N Aiken Y Alford Y Ashe
Y Atkins Y Baker Y Balkcom
Y Barfoot Bargeron
Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch
Bordeaux Y Bostick Y Branch N Breedlove
Brooks Y Brown N Brush Y Buck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L
Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Davis.G N Davis.M Y Dixon.H
Dixon,S E Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein N Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong
Lord Lucas N Mann Y Martin Y McBee
Y McCoy Y McKelvey
McKinney.B McKinney,C
Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody N Morsberger
Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry Pettit N Pinholster Y Pinkston Y Poag Y Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield

Y Skipper Y Smith,L Y Smith.P
Smith.T
Y Smith.W Smyre
Y Snow
Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts Y White N Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 140, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Perry of the 5th 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 1204.

By Representative Birdsong of the 104th:
A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property, so as to provide that the proposed relocation of county offices located in certain county courthouses must be submitted to voters of the county for approval or rejection.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1204 b"aylls"t.riking on line 23 of page 1 the word "any" and substituting in lieu thereof the word

350

JOURNAL OF THE HOUSE,

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfool
Bargeron Y Harriett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedluve Y Brooks Y Brown N Brush Y Buck Y Buckner
Byrd Y Campbell N Canty Y Carrell Y" Carter N Cauthorn Y Chafin N Chambless Y Cheeks N Childers

N Clark.E Y Clark.L Y Coker
Coleman Colwell Connell Y Culbreth Y Cummings.B Cummings.M Y Davis.D Y Davis.G N Davis.M Y Dixon.H Dixon,S E Dobbs Y Dover N Dunn Edwards N Elliott Y Felton Fennel Y Floyd.J.M Floyd.J.W N Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Y Harris.J

Heard N Henson
Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins N Jones Y Kilgore YKing Y Kingston Y Klein N Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Long
Lord Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham
Parrish Y Patten Y Pelote
Perry Y Pettit N Pinholster Y Pinkston Y Poag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Y Redding N Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Skipper N Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M N Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Turnquest Twiggs Y Valenti N Vaughan Walker.J Y Walker.L N Wall Watson Y Watts White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 122, nays 23.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Perry of the 5th 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 78th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1204.

HB 1230.

By Representatives Cummings of the 17th and Baker of the 51st:
A bill to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and related matters under the Public School Employees Retirement System, so as to provide that members may become eligible for retirement benefits upon application 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:

TUESDAY, FEBRUARY 4, 1992

351

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner
Byrd Y Campbell
Y Canty Y Carrell
Y Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Dixon.S E Dobbs Y Dover Y Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Y Harris.J

Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord
Lucas YMann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C
Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Poston Y Powell.A Y Powell.C
Y Presley Y Purcell Y Randall
Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
Y White Y Wilder Y Williams.B Y Williams.J
Williams.R Y Yeargin
Murphy,Spkr

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

Representative Perry of the 5th 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 1229.

By Representatives Cummings of the 17th and Floyd of the 135th:
A bill to amend Article 1 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Municipal Employees Benefit System, so as to authorize the employees of certain local authorities to participate in such 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty

Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
Byrd Y Campbell

Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell

Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Y Davis.G Y Davis.M Y Dixon.H
Dixon.S E Dobbs Y Dover
Dunn Edwards
Y Elliott Y Felton

Fennel
Y Floyd.J.M Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton
Hammond Hanner

352

JOURNAL OF THE HOUSE,

Y Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson
Jamieson
Y Jenkins
Y Jones
Y Kilgore
Y King
Y Kingston
Y Klein
Y Ladd
Y Lane.D
Y Lane.R
Y Langford

Y Lawrence Y Lawson Y Lee Y Long
Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy
Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows
Y Merritt
Y Milam
Y Mills
Y Mobley
Y Moody
Y Morsberger
Y Moultrie
Mueller

Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry
Y Pettit
Y Pinholster
Y Pinkston
Y Poag
Y Porter
Y Poston
Y Powell.A
Y Powell.C
Y Presley
Y Purcell
Randall
Y Ray

Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper 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 Streat
Y Taylor
Y Teper
Y Thomas.C

Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan
Y Walker.J
Y Walker.L
Y Wall
Y Watson
Y Watts
White
Y Wilder
Y Williams.B
Y Williams.J
Y Williams.R
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.

Representative Perry of the 5th 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 38. By Representative Cummings of the 17th:
A bill to amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to restoration to service and income limitations on disability beneficiaries under the Employees' Retirement System of Georgia, so as to change the provisions relating to income limitations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 801. By Representative Cummings of the 17th:
A bill to amend Code Section 47-13-40.1 of the Official Code of Georgia Annotated, relating to authority to maintain membership in the District Attorneys' Retirement System while holding office as a superior court judge, so as to provide that a superior court judge who was a former member of such retirement system at the time of taking office may elect to continue membership in such 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 117, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 900. By Representatives Lee of the 72nd and Cummings of the 17th:
A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, the "Trial Judges and Solicitors Retirement Fund Act," so as to clarify provisions relating to ineligibility for appointment as a senior judge or district attorney emeritus; to change the provisions relating to eligibility to hold office and practice law while receiving retirement benefits.

TUESDAY, FEBRUARY 4, 1992

353

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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

HR 784. By Representative Heard of the 43rd:
A resolution inviting Mr. Alfred DelliBovi, Deputy Secretary of the United States Department of Housing and Urban Development (HUD), to appear before the House of Representatives.

HR 785. By Representative Murphy of the 18th:
A resolution commending the Bremen High School Blue Devils softball team and inviting the members of the team and the coaching staff to appear before the House of Representatives.

HR 786. By Representatives Thomas of the 55th, Williams of the 54th, Redding of the 50th, Baker of the 51st and Turnquest of the 56th:
A resolution honoring Terry Mill Elementary School and inviting Principal Dr. Shirley C. Reams to appear before the House of Representatives.

Representative Dunn of the 73rd 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 904 Do Pass, by Substitute HB 1272 Do Pass, by Substitute HB 1347 Do Pass
Respectfully submitted, /s/ Dunn of the 73rd
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 1296 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

354

JOURNAL OF THE HOUSE,

Representative Barnett of the 10th District, Vice-Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1156 Do Pass, by Substitute HB 1275 Do Pass, as Amended
Respectfully submitted, /s/ Barnett of the 10th
Vice-Chairman

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

Mr. Speaker:

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

HR 729 Do Pass HR 770 Do Pass

HR 728 Do Pass HR 730 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 morning.

WEDNESDAY, FEBRUARY 5, 1992

355

Representative Hall, Atlanta, Georgia Wednesday, February 5, 1992

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 Booker T. Moore, Jr., Pastor, Little Friendship Missionary Baptist Church, Decatur, Georgia.
The members pledged allegiance to the flag.
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 1441. By Representatives Hammond of the 20th, Irwin of the 57th, Oliver of the 53rd, Cauthorn of the 20th, Pettit of the 19th and others: A bill to amend Article 1 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Attorney General, so as to change provisions relating to employment of private counsel by the Attorney General; 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 make said chapter applicable to acquisition of legal services.
Referred to the Committee on Judiciary.

356

JOURNAL OF THE HOUSE,

HB 1442. By Representative Jones of the 71st:
A bill to amend Code Section 50-8-34 of the Official Code of Georgia Annotated, relating to boards of regional development centers, so as to provide that the chief elected official of a county or municipality may designate someone to be on the board with the approval of the commissioners or councilmembers.
Referred to the Committee on State Planning & Community Affairs.
HB 1443. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to abolish the Board of Tax Administrators for Catoosa County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1444. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to abolish the Catoosa Utility District and board of utilities commissioners for Catoosa County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1445. By Representatives Snow of the 1st, Mobley of the 64th, Streat of the 139th, Carrell of the 65th, Harris of the 84th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the issuance of special reservist license plates to certain persons who are members of reserve units or the National Guard in an adjoining state.
Referred to the Committee on Motor Vehicles.
HB 1446. By Representatives Snow of the 1st, McCoy of the 1st, Harris of the 84th, Parham of the 105th, Streat of the 139th and others:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of property seized so as to provide for the forfeiture of any firearm received, possessed, or transported by a convicted felon or first offender probationer in violation of Code Section 16-11-131.
Referred to the Committee on Special Judiciary.

HB 1447. By Representatives Oliver of the 53rd, Cummings of the 17th, Lane of the 27th, Dixon of the 128th and Teper of the 46th:
A bill to amend Code Section 40-6-294 of the Official Code of Georgia Annotated, relating to riding on roadways and bicycle paths, so as to authorize local governing authorities to require bicycle riders to use bicycle paths under certain conditions.
Referred to the Committee on Motor Vehicles.

HB 1448. By Representatives Kingston of the 125th, Barnett of the 59th, Davis of the 45th and Mann 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 state income taxes, so as to provide for certain tax credits with respect to qualified investments in certain progress expenditure property.
Referred to the Committee on Ways & Means.

WEDNESDAY, FEBRUARY 5, 1992

357

HB 1449. By Representatives Kingston of the 125th, Barnett of the 59th, Davis of the 45th, Mann of the 6th and Williams of the 48th:
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 state income taxes, so as to provide for a tax credit for the qualified rehabilitation of certain commercial property.
Referred to the Committee on Ways & Means.

HB 1450. By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend Code Section 15-18-20 of the Official Code of Georgia Annotated, relating to additional assistants and staff for district attorneys, so as to authorize district attorneys to employ victim and witness assistance personnel as members of their staff.
Referred to the Committee on Judiciary.

HB 1451. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to change a population feature.
Referred to the Committee on Regulated Beverages.

HB 1452. By Representative Campbell of the 23rd:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to penal institutions, so as to provide that the commissioner of corrections shall notify victims of crime of an offender's death, release to the community by furlough, parole, or mandatory release, escape, or transfer to another correctional facility with less security.
Referred to the Committee on State Institutions & Property.

HB 1453. By Representatives Floyd of the 135th, Balkcom of the 140th, Royal of the 144th, Walker of the 115th, Groover of the 99th and others:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations, so as to provide that the probate courts shall have jurisdiction to receive pleas of guilty and to impose sentence for violations of such Code section.
Referred to the Committee on Game, Fish & Parks.

HB 1454. By Representatives Groover of the 99th, Pinkston of the 100th, Lucas of the 102nd, Elliott of the 103rd and Randall of the 101st:
A bill to amend an Act establishing a board of commissioners of Bibb County, so as to change the provisions relating to commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1455. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act incorporating the City of Wrens in Jefferson County, so as to change the provisions relating to the time of election, taking of office, and terms of office of the city councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1456. By Representative Oliver of the 121st:
A bill to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to reapportion the Education Districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1457. By Representative Oliver of the 121st:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Evans County, so as to reapportion the election districts for members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1458. By Representatives Coker of the 21st, Aiken of the 21st, Clark of the 20th, Klein of the 21st, Wilder of the 21st and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1459. By Representatives Streat of the 139th, Murphy of the 18th, Coleman of the 118th, Smith of the 152nd, Royal of the 144th and others:
A bill to amend Code Section 32-6-23 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to provide for single-trip permits for mobile homes, modular homes, and sectional houses in excess of 14 feet wide up to and including 16 feet wide.
Referred to the Committee on Transportation.

HB 1460. By Representatives Watts of the 41st, Buck of the 95th, Dover of the llth and Colwell of the 4th:
A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide for the ad valorem taxation of heavy-duty equipment used for construction purposes.
Referred to the Committee on Ways & Means.

HB 1461. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act creating the Board of Commissioners of Glynn County, so as to change the composition of the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

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359

HB 1462. By Representatives Brush of the 83rd, Parham of the 105th, Barnett of the 10th, Harris of the 84th and Williams of the 90th:
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 a driver's license for the fraudulent or false application for such license.
Referred to the Committee on Motor Vehicles.

HB 1463. By Representative Poag of the 3rd:
A bill to amend Code Section 48-5-7 of the Official Code of Georgia Annotated, relating to assessment of tangible property for revenue and taxation purposes, so as to provide that taxable tangible property shall be assessed at fair market value and shall be taxed on a levy by each respective tax jurisdiction according to the property's fair market value.
Referred to the Committee on Ways & Means.

HB 1464. By Representative Poag of the 3rd:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemption of certain instruments, deeds, or writings from real estate transfer tax, so as to provide that a transfer of property which is acquired by a financial institution in a foreclosure sale shall be exempt from transfer tax.
Referred to the Committee on Ways & Means.

HB 1465. By Representative Mobley of the 64th:
A bill to amend an Act providing authority for members of the Board of Education of Barrow County, so as to reapportion the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1466. By Representatives Poston of the 2nd, McCoy of the 1st and Snow of the 1st:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to redesignate the Town of Fort Oglethorpe as the City of Fort Oglethorpe.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1467. By Representative Mobley of the 64th: A bill to provide a new charter for the Town of Carl.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1468. By Representative Smith of the 156th:
A bill to amend an Act creating a board of commissioners of Mclntosh County, so as to change the composition of the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1469. By Representatives Alford of the 57th and Oliver of the 53rd:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to exclude certain nonrecurring costs from the definition of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs.
Referred to the Committee on Transportation.

HB 1470. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to repeal the presumption in civil actions that certain common carriers are negligent from the mere showing that injury was inflicted by their vehicles.
Referred to the Committee on Judiciary.

HB 1471. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public transportation, so as to prohibit the sale, making, or possession of any altered coin, note, token, transaction card, or similar article to gain entry to a public transit terminal or vehicle and to prohibit the sale or exchange of any transit token, card, or similar article without the consent of certain public transit agencies.
Referred to the Committee on Transportation.

HB 1472. By Representatives Snow of the 1st, McCoy of the 1st, Perry of the 5th, Padgett of the 86th and Edwards of the 112th:
A bill to amend Code Section 43-18-72 of the Official Code of Georgia Annotated, relating to crematories, so as to provide for an exception with respect to the licensing requirements regarding the operation of certain crematories.
Referred to the Committee on Health & Ecology.

HB 1473. By Representative Jones of the 71st:
A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and their judges, so as to remove the population provision prohibiting such judges' practice of law.
Referred to the Committee on Special Judiciary.

HB 1474. By Representatives McKelvey of the 15th, Smith of the 16th, Merritt of the 123rd, Porter of the 119th, Watts of the 41st and others:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving theft, so as to create the criminal offense of fraudulent receipt of rental property.
Referred to the Committee on Special Judiciary.

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361

HB 1475. By Representatives McKelvey of the 15th, Groover of the 99th, Connell of the 87th, Cummings of the 17th, Walker of the 113th and others:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, so as to provide that resumes of prospective public officers or employees shall not be open to inspection.
Referred to the Committee on Judiciary.

HB 1476. By Representative Connell of the 87th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related organizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' compensation insurance issued to certain business entities.
Referred to the Committee on Insurance.

HB 1477. By Representatives Lane of the lllth, Hanner of the 131st, Barnett of the 10th, Smith of the 16th, Floyd of the 154th and others:
A bill to amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to the licensing of water well contractors, so as to provide for a program of continuing education.
Referred to the Committee on Natural Resources & Environment.

HB 1478. By Representatives Flynt of the 75th, Twiggs of the 4th, Sherrill of the 47th, Golden of the 148th and Walker of the 113th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to prohibit the possession of any device capable of producing a flashing blue light by any person other than a law enforcement officer.
Referred to the Committee on Motor Vehicles.

HB 1479. By Representatives Irwin of the 57th, Alford of the 57th and Henson of the 57th:
A bill to provide a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes in certain graduated amounts of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or permanently disabled.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1480. By Representatives Hamilton of the 124th, Twiggs of the 4th, Snow of the 1st, Kingston of the 125th and Lane of the 27th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide that any person convicted of trafficking in cocaine, illegal drugs, or marijuana shall be punished by life imprisonment.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 1481. By Representatives Clark of the 13th, Powell of the 13th, Thurmond of the 67th and McBee of the 68th:
A bill to provide for homestead exemptions from Clarke County ad valorem taxes for county purposes and from Clarke County School District ad valorem taxes for educational purposes for certain residents of that county and school district.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1482. By Representatives Thomas of the 69th, Kilgore of the 42nd, Porter of the 119th, Hamilton of the 124th, Coleman of the 118th and others:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, so as to provide for exceptions; to provide for notice and a public hearing regarding a reorganization or consolidation plan.
Referred to the Committee on Education.

HB 1483. By Representatives Fennel of the 155th, Flynt of the 75th, Dunn of the 73rd, Edwards of the 112th, Orrock of the 30th and others:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to definitions; to change the provisions relating to scope of practice.
Referred to the Committee on Health & Ecology.

HB 1484. By Representatives Street of the 139th, Royal of the 144th, Reaves of the 147th, Carter of the 146th and Smith of the 152nd:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to exempt from sales and use taxes bulk curing tobacco barns.
Referred to the Committee on Ways & Means.

HB 1485. By Representatives Streat of the 139th, Jenkins of the 80th, Howard of the 85th, Williams of the 90th and Davis of the 29th:
A bill to amend Chapter 8 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of blasting operations, so as to provide that blasters shall be licensed in compliance with Code Section 25-2-17, relating to regulation of manufacture, transport, use, sale, or storage of explosives.
Referred to the Committee on Industry.

HB 1486. By Representatives Canty of the 38th, Brown of the 88th, Redding of the 50th, Thomas of the 31st, Davis of the 29th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that it shall be unlawful for a motor vehicle insurer to discriminate against insureds in the amount of premiums, policy fees, or rates charged solely on the basis of geographical location.
Referred to the Committee on Insurance.

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363

HB 1487. By Representatives Thomas of the 55th, Davis of the 29th, Porter of the 119th, Baker of the 51st, Oliver of the 53rd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to amend the points system to provide for points for failure to secure a load on a motor vehicle.
Referred to the Committee on Motor Vehicles.

HB 1488. By Representatives Cheeks of the 89th and Padgett of the 86th:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to the procedure for imposition of the death penalty, so as to provide for an additional aggravating circumstance which will authorize the imposition of the death penalty.
Referred to the Committee on Judiciary.

HB 1489. By Representatives Hamilton of the 124th, Thomas of the 69th, Kilgore of the 42nd and Walker of the 115th:
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 change the qualifications of local school superintendents.
Referred to the Committee on Education.

HB 1490. By Representatives Hamilton of the 124th, Thomas of the 69th, Kilgore of the 42nd and Walker of the 115th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that certain expense and per diem provisions, organizational requirements, and certification and classification requirements apply to all local school superintendents of county and independent school systems.
Referred to the Committee on Education.

HB 1491. By Representatives McBee of the 68th, Thurmond of the 67th and Clark of the 13th:
A bill to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the composition of the districts from which the members of the Commission of AthensClarke County are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1492. By Representatives McBee of the 68th, Clark of the 13th, Powell of the 13th and Thurmond of the 67th:
A bill to amend an Act establishing a City Court in the County of Clarke, now known as the State Court of Athens-Clarke County, so as to change the compensation of the solicitor of the court.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1493. By Representatives McBee of the 68th, Clark of the 13th, Powell of the 13th and Thurmond of the 67th:
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 change the composition of the districts from which the members of the Board of Education of Clarke County are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1494. By Representatives McBee of the 68th, Clark of the 13th and Powell of the 13th:
A bill to transfer the intake and probation services of the Juvenile Court of Athens-Clarke County, Georgia, to the state-wide juvenile and intake services funded by the Georgia Department of Human Resources.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1495. By Representative Perry of the 5th:
A bill to amend an Act to create the Board of Commissioners of Chattooga County, so as to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1496. By Representatives Taylor of the 94th, Smyre of the 92nd, Harris of the 96th, Brooks of the 34th, Randall of the 101st and others:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that license examiners employed by the Department of Public Safety shall be deputies to certain boards of registrars.
Referred to the Committee on Governmental Affairs.
HB 1497. By Representatives Buck of the 95th, Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Article 1 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food and beverage standards and labeling in general, so as to define the term "spring water".
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1498. By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th:
A bill to provide for homestead exemptions from Madison County ad valorem taxes for county purposes and from Madison County School District ad valorem taxes for educational purposes for certain residents of that county and school district.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 781. By Representatives Pinholster of the 8th, Cummings of the 17th, Hamilton of the 124th, Stancil of the 8th and Aiken of the 21st:
A resolution urging the Department of Education to increase its efforts to ensure full implementation of the policy of values education.
Referred to the Committee on Education.

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365

HR 782. By Representatives Childers of the 15th, Lane of the 27th, Vaughan of the 20th, Hudson of the 117th and Clark of the 13th:
A resolution urging the licensed physicians of the State of Georgia to perform certain tests for the early detection of prostate cancer.
Referred to the Committee on Health & Ecology.

HR 783. By Representatives Mann of the 6th, Griffin of the 6th and Poag of the 3rd:
A resolution commending Mrs. Genevie Dickey and urging the designation of the Genevie Dickey Bridge.
Referred to the Committee on Transportation.

HR 787. By Representative Hudson of the 117th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a sanitary sewer main in, on, over, under, upon, across, or through property owned by the State of Georgia in Wilcox 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 1354 HB 1355 HB 1356 HB 1357 HB 1358 HB 1359 HB 1360
HR llfil HR iqm
HR }l HR Isfit
HnoR
HnaR IidtfbiQa
HHR im
HR 1^79
HB 1373
HHRB HnRo HrlDR HR 1177
HB 1378 HB 1379 HB 1380 HHBB 11338812 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 1396 HB 1397 HB 1398 HB 1399
HB 1402
HB 1403
HB 1404
H"RB 4
HB 1413 HB "14 HB 1415 HB 1416 HB 1417 HB 1418

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HB 1419 HB 1420 HB 1421 HB 1422 HB 1423 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 HR 731 HR 732 HR 733 HR 734 HR 771 HR 772 HR 773 HR 774 HR 778 HR 779 HR 780 SB 512 SB 513 SB 519 SB 520 SR 363 SR 364 SR 369

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 has instructed me to report the same back to the House with the following recommendations:

HB 1151 Do Pass, by Substitute HB 1325 Do Pass HR 133 Do Pass HR 645 Do Pass

HR 647 Do Pass HR 716 Do Pass HR 778 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 1316 Do Pass HB 1317 Do Pass

HB 1321 Do Pass HB 1353 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:

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367

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1150 Do Pass HB 1287 Do Pass HR 648 Do Pass
Respectfully submitted, /s/ Buck of the 95th
Chairman

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

HB 1316. By Representative Reaves of the 147th: A bill to provide a new charter for the City of Dasher.

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

HB 1317. By Representative Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Lake Park, so as to change certain provisions relating to time of election.

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

HB 1321. By Representative Barnett of the 10th:
A bill to amend an Act creating a board of commissioners for Forsyth County, so as to change the dollar amount of purchases which can be made without the necessity of receiving bids.

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

HB 1353.

By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a Board of Commissioners for Hall County, as amended, so as to change certain expense allowances for members of saic board.

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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.

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 47. By Senator Kidd of the 25th:
A bill to amend Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to the amount of retirement benefits and optional retirement benefits for members of the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that any person who is receiving benefits from the fund on January 1, 1993, or who becomes entitled to receive benefits on or after January 1, 1993, shall be paid annual cost-of-living benefits under certain conditions; to provide for the calculation of such benefits.

SB 60. 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; to change the maximum amounts on which members shall be allowed to pay dues and to change the maximum amounts used in the calculation of benefits.

SB 61. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for employees of the board of commissioners of such fund; to provide for the compensation and duties of such employees; to provide that employees of the board are eligible for membership in the fund.

SB 108. By Senator Timmons of the llth:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize 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 149. By Senators Bishop of the 15th, Robinson of the 16th and Tate of the 38th:
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 prior service; to provide requirements relative thereto; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal.

WEDNESDAY, FEBRUARY 5, 1992

369

SB 292. By Senators Taylor of the 12th, Harris of the 27th and Olmstead of the 26th:
A bill to amend Article 2 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to preferred provider arrangements, so as to provide for legislative intent; to remove certain limitations regarding coinsurance percentages in preferred provider arrangements; to allow insurers to limit the number or classes of providers under a preferred provider arrangement; to provide exceptions; to provide for information to be included in subscriber certificates.

SB 337. By Senator Kidd of the 25th:
A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refunds of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to eligibility for retirement for members of the fund; to provide that members who have completed at least ten years of service may retire upon reaching the age of 55 years under certain conditions.

SB 460. By Senator Moye of the 34th:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards, labeling, and adulteration of food, so as to change certain definitions so as to exclude certain food establishments from regulation.

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

HR 737. By Representative Balkcom of the 140th: A resolution expressing regret at the passing of Mr. Hugh D. Broome.

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

SB 47. By Senator Kidd of the 25th:
A bill to amend Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to the amount of retirement benefits and optional retirement benefits for members of the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that any person who is receiving benefits from the fund on January 1, 1993, or who becomes entitled to receive benefits on or after January 1, 1993, shall be paid annual cost-of-living benefits under certain conditions; to provide for the calculation of such benefits.
Referred to the Committee on Retirement.

SB 60. 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; to change the maximum amounts on which members shall be allowed to pay dues and to change the maximum amounts used in the calculation of benefits.
Referred to the Committee on Retirement.

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JOURNAL OF THE HOUSE,

SB 61. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for employees of the board of commissioners of such fund; to provide for the compensation and duties of such employees; to provide that employees of the board are eligible for membership in the fund.
Referred to the Committee on Retirement.
SB 108. By Senator Timmons of the llth:
A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize 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 149. By Senators Bishop of the 15th, Robinson of the 16th and Tate of the 38th:
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 prior service; to provide requirements relative thereto; 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 292. By Senators Taylor of the 12th, Harris of the 27th and Olmstead of the 26th:
A bill to amend Article 2 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to preferred provider arrangements, so as to provide for legislative intent; to remove certain limitations regarding coinsurance percentages in preferred provider arrangements; to allow insurers to limit the number or classes of providers under a preferred provider arrangement; to provide exceptions; to provide for information to be included in subscriber certificates.
Referred to the Committee on Insurance.

SB 337. By Senator Kidd of the 25th:
A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refunds of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to eligibility for retirement for members of the fund; to provide that members who have completed at least ten years of service may retire upon reaching the age of 55 years under certain conditions.
Referred to the Committee on Retirement.

SB 460. By Senator Moye of the 34th:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards, labeling, and adulteration of food, so as to change certain definitions so as to exclude certain food establishments from regulation.
Referred to the Committee on Industry.

WEDNESDAY, FEBRUARY 5, 1992

371

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

HB 1296.

By Representatives Walker of the 115th, Murphy of the 18th, Buck of the 95th, Coleman of the 118th and Lee of the 72nd:
A bill to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to provide that incident/complaint forms used by criminal justice agencies shall, when applicable, include the identification of any victim who is a student and the name of the school attended by any such student.

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

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Y Buck Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G
Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin
Y Jackson Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Long YLord
Y Lucas YMann Y Martin Y McBee
Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L
Y Smith,? Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker ,J Y Walker.L
Y Wall Y Watson
Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R
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 1102. By Representative Lane of the 27th:
A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, Chapter 43 of Title 36 of the Official Code of Georgia Annotated, Chapter 44 of Title 36 of the Official Code of Georgia Annotated, and Chapter 61 of Title 36 of the Official Code of Georgia Annotated, so as to permit a downtown development authority to be designated as a redevelopment agency and as an urban redevelopment agency.

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The following Committee substitute was read and adopted:

A BILL
To amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, the "Downtown Development Authorities Law," Chapter 43 of Title 36 of the Official Code of Georgia Annotated, the "City Business Improvement District Act," Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," and Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to permit a downtown development authority to be designated as a redevelopment agency and as an urban redevelopment agency; to provide definitions; to provide for the exercise of powers of eminent domain, with the approval of the municipal governing authority, by downtown development authorities and urban redevelopment agencies; to permit municipal corporations to contract with downtown development authorities for the implementation of projects within a city business improvement district; to authorize the creation of special districts by municipal corporations within a downtown area; to provide for the membership of downtown development authorities; to modify the provisions for property owner approval required to establish a city business improvement district; to provide for the preservation of historic property in urban redevelopment projects; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 42 of Title 36 of the Official Code of Georgia Annotated, the "Downtown Development Authorities Law," is amended by striking paragraph (6) of Code Section 36-42-3, relating to definitions, and inserting in lieu thereof the following:
"(6) 'Project' means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, any undertaking authorized by Chapter 36 of this title as part of a central business improvement district, any undertaking authorized in Chapter 44 of this title, the "Redevelopment Powers Law," when the downtown development authority has been designated as a redevelopment agency, or any undertaking authorized in Chapter 61 of this title, the "Urban Redevelopment Law," when the downtown development authority has been designated as an urban redevelopment agency, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the downtown development area its authorized area of operation. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determine, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter. Such term shall include any one or more buildings or structures used or to be used as a not for profit hospital, not for profit skilled nursing home, or not for profit intermediate care home subject to regulation and licensure by the Department of Human Resources and all necessary, convenient, or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities."
Section 2. Said chapter is further amended by striking Code Section 36-42-4, relating to creation of downtown development authorities, and Code Section 36-42-7, relating to qualifications of downtown development directors, and inserting in lieu thereof the following:
"36-42-4. There is created in and for each municipal corporation in this state a public body corporate and politic to be known as the downtown development authority of such municipal corporation, which shall consist of a board of seven directors. The governing body of the municipal corporation shall appoint two members of the first board

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373

of directors for a term of two years each, two for a term of four years each, and three for a term of six years each. The governing body of the municipal corporation may appoint one of its elected members as a member of the downtown development authority. After expiration of the initial terms, except for the director who is also a member of the governing body of the municipal corporation, the terms of all directors shall be six years. The term of a director who is also a member of the governing body of a municipal corporation shall end when such director is no longer a member of the governing body of the municipal corporation. If at the end of any term of office of any director a successor to such director has not been elected, the director whose term of office has expired shall continue to hold office until his successor is elected. A majority of the board of directors shall constitute a quorum."
"36-42-7. (a) Directors shall be: (1) Taxpayers residing in the municipal corporation for which the authority is cre-
ated; (2) Owners or operators of businesses located within the downtown development
area and who shall be taxpayers residing in the county in which is located the municipal corporation for which the authority is created; or
(3) Persons having a combination of the qualifications specified in paragraphs (1) and (2) of this subsection; j provided, however, that one of such directors may be a member of the governing body of the municipal corporation. (b) Not less than four of the directors having the qualifications specified in subsection (a) of this Code section shall be persons who, in the judgment of the governing body of the municipal corporation, either have or represent a party who has an economic interest in the redevelopment and revitalization of the downtown development area. Successors to the directors shall be appointed by the governing body of the municipal corporation. (c) 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 actual expenses incurred by them in the performance of their duties. Each authority shall have perpetual existence. (d) Except for a director who is also a member of the governing body of a municipal corporation, each director shall attend and complete at least eight hours of training on downtown development and redevelopment programs within the first 12 months of a director's appointment to the downtown development authority. Directors in office on January 1^ 1992, shall be exempt from this requirement unless reappointed for an additional term."
Section 3. Said chapter is further amended by striking paragraphs (20) and (21) of Code Section 36-42-8, relating to powers of authorities, and inserting in lieu thereof the following:
"(20) 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; and
(21) To do all things necessary or convenient to carry out the powers conferred by this chapter;;
(22) To serve as an urban redevelopment agency pursuant to Chapter 61 of this title; (23) To contract with a municipal corporation to carry out supplemental services in a city business improvement district established pursuant to Chapter 43 of this title; and (24) To serve as a redevelopment agency pursuant to Chapter 44 of this title."
Section 4. Said chapter is further amended by inserting, following Code Section 36-42-8, a new Code Section 36-42-8.1 to read as follows:
"36-42-8.1. (a) Except as otherwise provided in subsection (c) of this Code section, a municipality or a downtown development authority shall have the right to acquire, by exercise of the power of eminent domain, any real property which it may deem necessary for its purposes under this chapter after its adoption of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. A

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municipality or a downtown development authority may exercise the power of eminent domain in the manner provided in Title 22 or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of such power. Property already devoted to a public use may be acquired, provided that no real property belonging to the municipality, a county, the state, or any political subdivision thereof may be acquired without its consent.
(b) Whenever condemnation proceedings are instituted and carried on by a municipality or downtown development authority in accordance with subsection (a) of this Code section or through any other method of condemnation provided by law, upon the payment by the municipality or county seeking condemnation of the amount of the award and final judgment on appeal, the municipality or downtown development authority shall become vested with a fee simple indefeasible title to the property to which the condemnation proceedings relate.
(c) A downtown development authority may not acquire real property through the exercise of the power of eminent domain until the following conditions and requirements have been met:
(1) The proposed rehabilitation of the property must be set forth in a downtown development plan adopted by the municipality and incorporated in any comprehensive plan of the municipality submitted to the Department of Community Affairs pursuant to Chapter 70 of this title;
(2) The governing body of the municipality shall adopt a resolution approving the proposed use of eminent domain power by the downtown development authority;
(3) The downtown development authority shall, in writing, notify the owner of the real property proposed to be acquired of the planned rehabilitation of the property as set forth in the downtown development plan for the downtown development area wherein the property is located;
(4) Within 30 days after being so notified, the owner of the property shall have the option of notifying the downtown development authority, in writing, of his willingness and intention to rehabilitate and maintain the property in accordance with the downtown development plan. In the event of multiple ownership of the property, unanimous agreement by the owners shall be required, and the failure of any one owner to notify the downtown development authority within the time limitations specified in this paragraph of his willingness and intention to rehabilitate and maintain the property in accordance with the downtown development plan shall be deemed to be a failure to exercise the option provided in this paragraph; and
(5) The owner of such property may execute an agreement with the downtown development authority to rehabilitate the property in accordance with the downtown development plan. Any such agreement shall be as the downtown development authority deems necessary and appropriate as to form and content. In connection therewith, the downtown development authority shall have the right to require sufficient performance, payment, and completion bonds. In the event that any such owner, at any time, fails to comply with or defaults in the performance of the provisions of the agreement, such property shall no longer be subject to the agreement, the option provided by paragraph (4) of this subsection shall no longer apply, and the property may be acquired by the downtown development authority by purchase or through the exercise of the power of eminent domain. In the alternative, the downtown development authority may either specifically enforce the agreement, exercise any rights under any bonds which may have been required, and obtain any other legal or equitable relief as may be available to the downtown development authority or, if the owner fails to exercise the option to rehabilitate the property or defaults on the agreement to rehabilitate the property, the downtown development authority may implement those portions of the downtown development plan with respect to such property to the extent the authority deems necessary and the costs of implementing such plan shall be a lien against the property enforceable in the same manner as a lien for taxes."
Section 5. Said chapter is further amended by adding, following Code Section 36-42-15, a new Code Section 36-42-16 to read as follows:

WEDNESDAY, FEBRUARY 5, 1992

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"36-42-16. Pursuant to Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia, municipalities may create one or more special districts within the area of operation of a downtown development authority for the purpose of levying and collecting taxes, fees, or assessments to pay the cost of any project or to support the exercise of any other powers which the authority may possess."
Section 6. Chapter 43 of Title 36 of the Official Code of Georgia Annotated, the "City Business Improvement District Act," is amended by striking Code Section 36-43-4, relating to powers of municipalities with respect to city business improvement districts, Code Section 36-43-5, relating to the manner of adoption of a district plan, and Code Section 36-43-6, relating to financing of such districts, and inserting in lieu thereof the following:
"36-43-4. Upon the establishment of any city business improvement district pursuant to this chapter, the governing authority of any municipality to which this chapter is applicable shall have authority to exercise the following powers with respect to each such district, subject to this chapter:
(1) To adopt a district plan for the provision of supplemental services to the district and to adopt budgets for the implementation of such supplemental services;
(2) To fix and levy annually a millage upon real and personal property within the district, to make such assessments liens upon the properties, and to enforce such liens in the same manner as other city taxes;
(3) To provide supplemental services or to contract with nonprofit corporations or to contract with downtown development authorities established pursuant to Chapter 42 of this title for all or part of the supplemental services required to implement the plan;
(4) To mandate design and rehabilitation standards for buildings located within the district subject to any existing or established historic preservation requirements or ordinances; and
(5) To levy and collect a surcharge on existing business license and occupation taxes upon businesses and occupations within the district; and to enforce liens for nonpayment of said surcharges in the same manner as other city taxes. 36-43-5. The governing authority of any municipality to which this chapter is applicable may create city business improvement districts by the adoption of district plans, as follows:
(1) No such plan may be adopted except upon a written petition signed and acknowledged by either:
(A) At least TO 51 percent of the municipal taxpayers (as shown by the most recent list of taxpayers billed by the municipality) of the district proposed for creation or extension; or
(B) Municipal taxpayers owning at least TO 51 percent (by assessed value as shown by the most recent assessment rolls of the municipality) of the taxable property subject to ad valorem real and personal property taxation in the district;
(2) Such petition must be accompanied by a proposed district plan, to include a budget, a formula for imposing assessments on the taxpayers within the district, and design and rehabilitation standards, if desired;
(3) The petition shall be presented to the governing authority of the municipality, which shall refer it to the appropriate municipal departments for review of its sufficiency, reasonableness of assessments, and financial feasibility of the plan. These departments shall submit to the governing authority reports which shall approve of, disapprove of, or give qualified approval with modifications to the district plan, with reasons therefor. The governing authority shall hold a public hearing on the issue of whether such district should be created, provided that notice of the hearing shall be placed in a newspaper of general circulation in the community at least ten days prior to the date of the hearing. The governing authority may approve, approve with modifications, or disapprove the plan; and
(4) Any district plan thus adopted may be amended from time to time or rescinded; or its budget may be revised by ordinance.

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36-43-6. The expense incurred in the provision of supplemental services within a district shall be financed in accordance with the district plan upon which the establishment or extension of the district was based, provided that the cost of supplemental services shall not include the cost to the district of services performed by the municipality on a city-wide basis. Property Any property tax charges wt or business license fee and occupation tax surcharges shall be levied and collected in the same manner, at the same time, and by the same officers as other city taxes and assessments."
Section 7. Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," is amended by striking paragraph (7) of Code Section 36-44-3, relating to definitions, and inserting in lieu thereof the following:
"(1) 'Redevelopment area' means: (A) Any urbanized and developed area in which the structures, buildings, or
improvements, by reason of dilapidation, deterioration, age, or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, high unemployment, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare;
(B) Any urbanized or developed area which by reason of the presence of a predominant number of substandard, slum, deteriorated, or deteriorating structures; the predominance of defective or inadequate street layout; inadequate parking, roadways, bridges, or public transportation facilities incapable of handling the volume of traffic flow into or through the area, either at present or following proposed redevelopment; the faulty lot layout in relation to size, adequacy, accessibility; or usefulness; unsanitary or unsafe conditions^ j deterioration of site or other improvements; the diversity of ownership, tax, or special assessment delinquency exceeding the fair value of the land; diversity of ownership on defective or unusual conditions of title which prevent or encumber the free alienability of land; or the existence of conditions which endanger life or property by fire and other causes; or any combination of the foregoing, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations or employment opportunities; or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use;
(C) Any open area located within an urbanized or developed area within the corporate limits of a municipality which is predominantly open and which because of obsolete platting, diversity of- owncrohip, deterioration of atructurca or of stte improvements, or otherwise any factor or combination of factors enumerated in subparagraph (A) or (B) of this paragraph substantially impairs or arrests the sound growth of the community;
(D) Any area located within an urbanized or developed area and which, immediately prior to becoming an open area, qualified as a redevelopment area under subparagraph (A) or (B) of this paragraph;
(E) Any area located within an urbanized or developed area which is substantially underutilized by containing open lots or parcels of land or by containing a substantial number of buildings or structures which are 40 years old or older or by containing structures or buildings of relatively low value as compared to the value of structures or buildings in the vicinity of the area or by having development impaired by airport and related transportation noise or by related environmental factors or an area in which there is a shortage of housing that is affordable for persons of low or moderate income which the local legislative body designates as appropriate for community redevelopment or by any combination of the foregoing factors; or
(F) Any area combining any factors specified in subparagraphs (A) through (E) of this paragraph."
Section 8. Said chapter is further amended by striking subsection (a) of Code Section 36-44-4, relating to creation of a redevelopment agency, and inserting in lieu thereof the following:

WEDNESDAY, FEBRUARY 5, 1992

377

"(a) As an alternative to the creation of a redevelopment agency provided for by subsections (b) through {} (f) of this Code section, the local legislative body of a political subdivision, by resolution, may designate itself as its respective redevelopment agency and may exercise, within its respective area of operation, the redevelopment powers provided by this chapter."
Section 9. Said chapter is further amended by adding, following subsection (e) of Code Section 36-44-4, relating to creation of a redevelopment agency, a new subsection (f) to read as follows:
"(f) For purposes of redevelopment in its downtown area, any municipality may designate a downtown development authority created pursuant to Chapter 42 of this title to serve as a redevelopment agency. Such designation shall not affect any other redevelopment agency that may exist as a part of the municipality. The area of operation of any downtown development agency designated as a redevelopment agency pursuant to this subsection shall not exceed the area of operation of the downtown development authority established pursuant to Chapter 42 of this title."
Section 10. Said chapter is further amended by striking subsection (b) of Code Section 36-44-6, relating to delegation of redevelopment powers to the agency by local body, in its entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) Any delegation of redevelopment powers pursuant to the authority of subsection (a) of this Code section shall be limited by the following requirements:
(1) Any redevelopment plan must be approved by resolution of the local legislative body of the political subdivision as a condition precedent to the implementation of said redevelopment plan, and such approval shall be subject to the requirements of Code Section 36-44-7;
(2) The boundaries of any redevelopment area must be described by resolution of the local legislative body of the political subdivision;
(3) A tax allocation district must be created by resolution of the local legislative body of the political subdivision;
(4) The issuance of any tax allocation bonds shall be by resolution of the local legislative body of the political subdivision;
(5) The Except as provided in subsection (c) of this Code section, the power of eminent domain may only be exercised under this chapter by the local legislative body of a political subdivision; and
(6) A local legislative body may not delegate to a redevelopment agency created under subsection (b), (c), (d), or (e) of Code Section 36-44-4 any urban redevelopment project powers except those which may be conferred on an urban redevelopment agency under Code Section 36-61-17 of the 'Urban Redevelopment Law.' (c) A downtown development authority which has been designated as a redevelopment agency pursuant to this chapter may exercise the powers of eminent domain subject to the procedures established in Chapter 42 of this title."
Section 11. Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," is amended by inserting, following paragraph (6) of Code Section 36-61-2, relating to definitions, a new paragraph (7) to read as follows:
"(7) 'Downtown development authority' means an authority created pursuant to Chapter 42 of this title.", and by renumbering the remaining paragraphs accordingly.
Section 12. Said chapter is further amended by striking paragraph (17) of Code Section 36-61-2, relating to definitions, and inserting in lieu thereof the following:
"(17) 'Slum area' means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; existence of conditions which endanger life or property by fire and other causes; or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare.

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'Slum area' also means an area which by reason of the presence of a substantial number of slum, deteriorated, or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; tax or special assessment delinquency exceeding the fair value of the land; the existence of conditions which endanger life or property by fire and other causes; by having development impaired by airport or transportation noise or by other environmental hazards; or any combination of such factors substantially impairs or arrests the sound growth of a municipality or county, retards the provisions of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use."
Section 13. Said chapter is further amended by striking paragraphs (2) and (8), respectively, of Code Section 36-61-8, relating to urban redevelopment powers of municipalities and counties, in their entirety and inserting in lieu thereof the following:
"(2) To provide, to arrange, or to contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with an urban redevelopment project and to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements, provided that neither the municipality or county itself nor an urban redevelopment agency or housing authority or downtown development authority acting pursuant to an election under Code Section 36-61-17 shall provide, install, or construct any public utility of the same kind or character as an existing utility operating in the municipality or county if such existing utility is providing reasonably adequate and proper service, as determined by the Public Service Commission; and to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or to compliance with labor standards in the undertaking or carrying out of an urban redevelopment project, and to include, in any contract let in connection with such a project, provisions to fulfill such ef such conditions as it may deem reasonable and appropriate;".
"(8) To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this chapter and to levy taxes and assessments for such purposes; to close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places; to plan or replan, zone, or rezone any part of the municipality or county or make exceptions from building regulations; and to enter into agreements, under Code Section 36-61-17, with a housing authority^ a downtown development authority, or an urban redevelopment agency vested with urban redevelopment project powers2 (which agreements may extend ever any period, notwithstanding any provision ef rale ef- law te the contrary for u to 50 years) respecting action to be taken by such municipality or county pursuant to any of the powers granted by this chapter. The reasonable costs of removing, relocating, and rearranging public utility facilities within urban renewal areas may constitute a cost of carrying out the purposes of this chapter, and every municipality and county may, in their discretion, pay such reasonable costs or any portion thereof;".
Section 14. Said chapter is further amended by striking subsection (c) of Code Section 36-61-9, relating to exercise of the power of eminent domain, in its entirety and inserting in lieu thereof the following:
"(c) Unless the property is to be acquired for the purpose of devoting it to a public use, a municipality or county may not acquire real property through the exercise of the power of eminent domain pursuant to subsection (a) of this Code section until the following conditions and requirements have been met:
(1) The municipality or county which adopted the urban redevelopment plan has approved a resolution authorizing the exercise of the power of eminent domain by the agency to acquire the property;
(i) (2) The municipality or county shall, in writing, notify the owner of the real property proposed to be acquired of the planned se rehabilitation of the property as

WEDNESDAY, FEBRUARY 5, 1992

379

set forth in the urban redevelopment plan for the urban redevelopment area wherein the property is locatedr;
(a) (3) Within 30 days after being so notified, the owner of the property shall have the option of notifying the municipality or county, in writing, of his willingness and intention to develop rehabilitate and maintain the property in accordance with the urban redevelopment plan. In the event of multiple ownership of the property, unanimous agreement by the owners shall be required; and the failure of any one owner to notify the municipality or county, within the time limitation specified in this paragraph, of his willingness and intention to develop rehabilitate and maintain the property in accordance with the urban redevelopment plan shall be deemed to be a failure to exercise the option provided in this paragraph?;
graph {3} of this subsection, the municipality or county shall make tat investigation to determine trie ability of tnc owner to develop and maintain tnc property m accordance with the urban redevelopment plan, fe making such invcatigation, the municipality of county snail examine tnc financial and legal anility of tnc owner and sucn otncp tactors &s may tie relevant to mailing tnc determination.
(4) K the municipality er county determines that the owner of such reeA property
redevelopment plan, the The owner shall have the right te retain ownership of the property by executing may execute an agreement with the municipality or county to develop eatA maintain rehabilitate the property in accordance with the urban redevelopment plan. Any such agreement shall be as the municipality or county deems necessary and appropriate as to form and content; in connection therewith, the municipality or county shall have the right to require sufficient performance, payment, and completion bonds. In the event that any such owner, at any time, fails to comply with or defaults in the performance of the provisions of the agreement, such property shall no longer be subject to the agreement, the option provided by paragraph {2} (3) of this subsection shall no longer apply, and the property may be acquired by the municipality or county by purchase or through the exercise of the power of eminent domain; in . In the alternative, the municipality or county may either specifically enforce the agreement, exercise any rights under any bonds which may have been required, and obtain any other legal or equitable relief as may be available to the municipality or county or, if the owner fails to exercise the option to rehabilitate the property or defaults on the agreement to rehabilitate the property, the municipality or county may implement those portions of the urban development plan with respect to such property to the extent the municipality or county deems necessary and the costs of implementing such plan shall be a lien against the property enforceable in the same manner as tax liens."
Section 15. Said chapter is further amended by striking subsection (a) of Code Section 36-61-17, relating to the exercise of urban redevelopment powers by counties and municipalities, in its entirety and inserting in lieu thereof the following:
"(a) A municipality or county may itself exercise its 'urban redevelopment project powers,' as defined in subsection (b) of this Code section, or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban redevelopment agency created by Code Section 36-61-18 or by a housing authority, if one exists or is subsequently established in the community2 or by an existing or subsequently established downtown development authority. In the event that the local governing body makes such determination, the urban redevelopment agency or the housing authority or downtown development authority, as the case may be, shall be vested with all of the 'urban redevelopment project powers' of the municipality or county conferred in this chapter, in the same manner as though all such powers were conferred on the agency or authority instead of the municipality or county; and any public body may cooperate with the urban redevelopment agency or housing authority or the downtown development authority to the same extent that it could cooperate with the municipality or county itself if the municipality or county were exercising its urban redevelopment project powers. If the local governing body does not elect to make such

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determination, the municipality or county in its discretion may exercise its urban redevelopment project powers through a board or commissioner or through such officers of the municipality or county as the local governing body may by resolution determine."
Section 16. Said chapter is further amended by striking subsection (b) of Code Section 36-61-18, relating to creation of an urban redevelopment agency, in its entirety and inserting in lieu thereof the following:
"(b) If the urban redevelopment agency is authorized to transact business and exercise powers under this Code section, the mayor, by and with the advice and consent of the local governing body, or the board of commissioners or other governing body of the county shall appoint a board of commissioners of the urban redevelopment agency, which shall consist of such number of commissioners, with such terms of office, as shall be determined by the local governing body. If the governing body of a municipality designates members of a downtown development authority as an urban redevelopment agency, the method of appointment, number of commissioners, and terms of office shall be in conformity with the requirements of Code Section 36-42-4."
Section 17. Said chapter is further amended by striking subsection (b) of Code Section 36-61-19, relating to acquisition by redevelopment agency employee of interest in redevelopment project of the agency; in its entirety and inserting in lieu thereof the following:
"(b) Ne Except for directors of a downtown development authority designated as an urban redevelopment agency pursuant to this chapter, no commissioner or other officer of any housing authority, urban redevelopment agency, board, or commission exercising powers pursuant to this chapter shall hold any other public office under the municipality or county other than his commissionership or office with respect to such housing authority, urban redevelopment agency, board, or commission."
Section 18. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Balkcom Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Canty Y Carrell

Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W Y Flynt

Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson
Jamieson Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D

Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee YLong YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Orrock Y Padgett Y Parham

Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre

WEDNESDAY, FEBRUARY 5, 1992

381

Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor

Y Teper Y Thomas.C Y Thomas.M
Thomas, N Thurmond Y Titus

Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan

Y Walker,J
Walker.L Y Wall Y Watson Y Watts
White

Y Wilder Williams.B
Y Williams,J Williams.R
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.

Representative Poston of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

HB 1163.

By Representative Yeargin of the 14th:
A bill to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to change the descriptions of the education districts of the board and provide for definitions and inclusions of parts of education districts.

The following Senate amendment was read:

Amend HB 1163 by striking from line 1 of page 2 the following: ", 675",
and by inserting at the end of line 3 of page 3 after the numeral "656" the following: ", 675".

Representative Yeargin of the 14th moved that the House agree to the Senate amendment to HB 1163.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 1164.

By Representative Yeargin of the 14th:
A bill to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to change the description of the commissioner districts and provide for definitions and for inclusions of parts of commissioner districts.

The following Senate amendment was read:

Amend HB 1164 by striking from line 29 of page 1 the following: ", 675",

and by inserting at the end of line 57 of page 2 after the numeral "656" the following: ", 675".

Representative Yeargin of the 14th moved that the House agree to the Senate amendment to HB 1164.

382

JOURNAL OF THE HOUSE,

On the motion, the ayes were 110, 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 394. By Representatives Oliver of the 121st, Floyd of the 135th, Baker of the 51st, Coleman of the 118th, Groover of the 99th and others:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that when a spouse who is a designated beneficiary predeceases a retired member and the retired member remarries, the option applicable to the former spouse may be reestablished on behalf of the new spouse.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that when a spouse who is a designated beneficiary predeceases a retired member and the retired member remarries, the option applicable to the former spouse may be reestablished on behalf of the new spouse; 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 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, is amended by adding immediately following subsection (e.l) a new subsection (e.2) to read as follows:
"(e.2) (1) As used in this subsection, the term 'retired member' means a person retired under this chapter who elected an optional allowance under this Code section with the spouse designated as the person to receive all amounts upon the death of the retired member.
(2) In the event a designated spouse predeceases a retired member and the retired member subsequently remarries, the retired member may reestablish on behalf of the new spouse the same option which was applicable to the deceased former spouse, but such option on behalf of the new spouse may not be reestablished until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier.
(3) This subsection applies to retired members who retired at any time prior to July 1, 1992, as well as to those who retire on or after that date, and it is specifically provided that the election of option five under subsection (e.l) of this Code section is not necessary for the purposes of this subsection."
Section 2. Said Code section is further amended by striking subsection (h) in its entirety and substituting in lieu thereof a new subsection (h) to read as follows:
"(h) Whenever any retired member has elected an optional allowance under this Code section and the spouse is the person designated to receive all amounts and benefits upon the death of the retired member, the retired member may revoke the election at any time after the entry of a final judgment of complete divorce from the spouse so nominated or the retired member may elect to continue the optional allowance with the former spouse designated to receive all amounts and benefits upon the death of the

WEDNESDAY, FEBRUARY 5, 1992

383

retired member. Upon any such revocation or upon the death of the spouse of a retired member who had elected option five, the retired member may elect to begin receiving the maximum retirement allowance which the retired member would have been entitled to receive under this chapter. In the event any such retired member remarries after divorce from the former spouse and the former spouse was not continued as a beneficiary under the optional allowance after the divorce 0*7 vet the ease ef- a retired member who tiad elected option live, alter tnc dcatn ot tnc spouse ot trie retired member, trie retired member may elect to begin receiving the applicable actuarially reduced retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse, but such option on behalf of the new spouse may not be reestablished until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier."
Section 3. This Act shall become effective on July 1, 1992, 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, 1992, 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 ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 588. By Representatives Oliver of the 121st, Murphy of the 18th, Groover of the 99th, Bostick of the 138th, Poston of the 2nd and others:
A bill to amend Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to membership of certain judicial employees in the Employees' Retirement System of Georgia, so as to provide for additional judicial employees; to authorize creditable service for certain prior service.

The following Committee substitute was read and adopted;

A BILL
To amend Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to membership of certain judicial employees in the Employees' Retirement System of Georgia, so as to provide for additional judicial employees; to authorize creditable service for certain prior service; to provide for other matters relative to the foregoing; to provide 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 47-2-266 of the Official Code of Georgia Annotated, relating to membership of certain judicial employees in the Employees' Retirement System of Georgia, is amended by striking subsections (a), (b), and (f) of said Code section in their entirety and substituting in lieu thereof, respectively, new subsections (a), (b), and (f) to read as follows:
"(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;

384

JOURNAL OF THE HOUSE,

(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 17-10-67; and
(D) A full-time court administrator for a judicial circuit employed pursuant to the provisions of Code Section 15-6-28. (2) 'Prior service as a judicial employee' means service as a judicial employee rendered prior to July 1, 19902 or prior to July lj 1992, as applied to a judicial employee specified in subparagraph (D) of paragraph (1) of this subsection. (b) Effective on July 1, 1990, or on July !_, 1992, as applied to a judicial employee specified in subparagraph (a)(l)(D) of this Code section, or on first becoming a judicial employee at any time after that either such date, as applicable, each judicial employee shall become a member of the Employees' Retirement System of Georgia as a condition of employment." "(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 as a judicial employee 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. For prior service as a judicial employee specified in subparagraph (a)(l)(D) of this Code section, the employer contributions plus interest required by this subparagraph shall be paid by the director of the Fiscal Division of the Department of Administrative Services from funds appropriated or available for the operation of the superior courts. (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 or appropriated or available for the operation of the superior courts. (3) Any member qualified to obtain creditable service pursuant to the authority of this subsection subparagraph (a)(l)(D) of this Code section shall apply to the board of trustees for such creditable service by not later than July 1, 1001 1993."
Section 2. This Act shall become effective on July 1, 1992, 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, 1992, 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 110, nays 0.

WEDNESDAY, FEBRUARY 5, 1992

385

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

HB 914. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th and Howard of the 85th:
A bill to amend an Act providing for procedures whereby a Judge of the Municipal Court, City of Augusta, Richmond County, and the Civil Court of Richmond County shall be eligible to become a Judge Emeritus of such courts, so as to substantially revise such 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 Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Carrell Y Carter Y Cauthorn Chafin Y Chambless Y Cheeks Y Childers

Clark.E Y Clark.L
Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis,D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston
Klein Y Ladd
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit
Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams.J Y Williams.R 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.

Representatives Clark of the 20th and Coker of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

386

JOURNAL OF THE HOUSE,

HR 728. By Representatives Williams of the 90th, Padgett of the 86th, Howard of the 85th, Cheeks of the 89th and Connell of the 87th:
A resolution commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Representatives.

HR 729. By Representative Milam of the 81st:
A resolution congratulating the LaGrange High School football team and inviting the team to the House of Representatives.

HR 730. By Representative Carrell of the 65th:
A resolution commending the George Walton Academy football team and inviting the members of the team and coaching staff to appear before the House of Representatives.

HR 770. By Representatives Pinkston of the 100th, Randall of the 101st, Lucas of the 102nd, Groover of the 99th, Birdsong of the 104th and others:
A resolution commending the Honorable Tommy Olmstead, Mr. Larry Brown, Ms. Carolyn Crayton, Mr. J. R. Gibbs, and Mr. Harold Weathers 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 1193.

By Representatives Reaves of the 147th, Selman of the 32nd, Royal of the 144th, Hudson of the 117th, Carter of the 146th and others:
A bill to amend Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture with respect to weights and measures, so as to provide that the Commissioner shall establish, by regulation, a schedule of fees to cover the calibration of weighing and measuring devices, the registration of scale mechanics, the certifying of weights, and scale registration.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture with respect to weights and measures, so as to provide that the Commissioner shall establish, by regulation, a schedule of fees to cover the inspection and certification of weighing and measuring devices, the registration of scale mechanics, the certifying of weights, and scale registration; 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 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture with respect to weights and measures, is amended by renumbering paragraph (15) as paragraph (16) and inserting a new paragraph (15) to read as follows:
"(15) Establish, by regulation, a schedule of fees to cover the costs of the inspection and certification of weighing and measuring devices, the registration of scale mechanics, the certifying of weights, and scale registration;".

WEDNESDAY, FEBRUARY 5, 1992

387

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 Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker N Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J

Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein YLadd Y Lane.D N Lane.R N Langford Y Lawrence Y Lawson YLee YLong Y Lord Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett
Parham N Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston N Poag
Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell
Randall Y Ray Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Smyre Y Snow Stancil.F Y Stancil.S Y Stanley Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts Y White N Wilder Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 138, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Mills of the 20th 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 Perry of the 5th and Davis of the 45th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay"
thereon.

HB 1199.

By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to flue-cured leaf tobacco sales and storage, so as to change the license fees for auction sales of flue-cured leaf tobacco.

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

388

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis,D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton
Fennel Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Y HarrisJ

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins
Jones Y Kilgore Y King
Kingston Y Klein N Ladd
Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas N Mann Y Martin
McBee McCoy Y McKelvey McKinney.B Y McKinney.C Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten N Pelote
Perry Y Pettit
Y Pinholster Y Pinkston N Poag
Porter Y Poston
Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts Y White Y Wilder
Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 142, nays 7. The Bill, having received the requisite constitutional majority, was passed.

Representatives Smith of the 156th and Fennel of the 155th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Perry of the 5th 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.

Representative Davis of the 45th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Pelote of the 127th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1272.

By Representatives Williams of the 90th, Dunn of the 73rd, Connell of the 87th, Ricketson of the 82nd, Brown of the 88th and others:
A bill to amend Code Section 33-3-6 of the Official Code of Georgia Annotated, relating to requirements for insurance companies as to capital stock or surplus, so as to provide that the Commissioner of Insurance shall be authorized to grant an extension to a domestic insurer that has not met certain minimum requirements.

The following Committee substitute was read and adopted:

WEDNESDAY, FEBRUARY 5, 1992

389

A BILL
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, so as to provide that the Commissioner of Insurance shall be authorized to grant an extension to an insurer that has not met certain minimum requirements relative to capital and surplus; to provide for a sunset provision for such authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, is amended by adding at the end of Code Section 33-3-6, relating to requirements for insurance companies as to capital stock or surplus, a new subsection (c) to read as follows:
"(c) Except as otherwise provided by law, the Commissioner may, in his discretion, grant an extension of up to two years to any insurer which has been issued a minimum of two successive certificates of authority prior to July 1, 1992, and is operating in a responsible financial manner to meet the requirements of Code Sections 33-3-6 and 33-3-7. The authority granted by this Code section to the Commissioner shall terminate on January 1, 1995."
Section 2. Said chapter is further amended by striking Code Section 33-3-7, relating to the requirement of additional surplus of new insurers, in its entirety and inserting in its place a new Code Section 33-3-7 to read as follows:
"33-3-7. (a) In addition to the minimum paid-in capital of stock insurers or minimum surplus of mutual and reciprocal insurers required by this title, an insurer shall possess when first authorized in this state surplus or additional surplus equal to the larger of $400,000.00 (stock, mutual, and reciprocal insurers) or 50 percent of its paid-in capital stock (if a stock insurer) or of its surplus (if a mutual or reciprocal insurer) otherwise required under Code Section 33-3-6 for the kinds of insurance to be transacted.
(b) Except as otherwise provided by law, the Commissioner may, in his discretion, grant an extension of ug to two years to any insurer which has been issued a minimum of two successive certificates of authority by any other state prior to July !_, 1992, and is operating in a responsible financial manner to meet the requirements of this Code Section. The authority granted by this subsection to the Commissioner shall terminate on January 1^ 1995."
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 Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y* Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch

Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless

Y Cheeks Y Childers Y Clark.E
Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis,M Y Dixon.H
Dixon.S Y Dobbs

Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton

Y Hammond Manner
Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore

390

JOURNAL OF THE HOUSE,

YKing Y Kingston
Klein
YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson
Y Lee Y Long
Y Lord Lucas
Y Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney,B

McKinney,C N Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote

Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Poston Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson
Royal
Selman Y Sherrill

Y Simpson Y Sinkfield Y Skipper Y Sraith.L Y Smith.P Y Sraith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond

Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall
Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams.J Y Williams.R 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.

Representatives Klein of the 21st, Powell of the 13th and Fennel of the 155th stated
that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1347.

By Representative Dunn of the 73rd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions with regard to professions and businesses, so as to specify that the advertisement by a person licensed to provide health care services of the waiver of a deductible or copayment, as an inducement to attract patients, shall be considered a deceptive and misleading practice.

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

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Y Baker Y Balkcom
Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Buckner

YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D
Davis.G Y Davis.M
Y Dixon.H Dixon.S
Y Dobbs
Y Dover

YDunn Y Edwards Y Elliott Y Felton
Fennel Floyd.J.M Y Floyd,J.W Y Flynt God bee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard

Y Hudson Y Irwin
Y Jackson Jamieson Jenkins
Y Jones Y Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long
YLord Lucas
Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B

McKinney.C Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry Y Pettit
Y Pinholster Y Pinkston Y Poag
Porter Poston

WEDNESDAY, FEBRUARY 5, 1992

391

Y Puwell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson
Y Royal

Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre

Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N

Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker,L

Y Watson Y Watts Y White Y Wilder
Williams.B
WilliamsJ
Y Williams.R 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.

Representatives Fennel of the 155th and Perry of the 5th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 904. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair practices in the business of insurance, so as to provide that direct response advertising by an insurer where such advertisement has not been approved by the Commissioner shall constitute an unfair practice.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair practices in the business of insurance, so as to provide that direct response advertising by an insurer where such advertisement has not been approved by the Commissioner shall constitute an unfair practice; to provide that failure to disclose in printed advertising material that medical benefits that are calculated on a certain basis shall constitute an unfair practice; to provide that the failure of an insurer to provide in a major medical insurance policy or plan a carry-over provision with regard to a calendar year deductible or similar benefit period deductible shall constitute an unfair practice; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair practices in the business of insurance, is amended by striking subparagraph (b)(12)(D) of Code Section 33-6-4, relating to unfair methods of competition and unfair or deceptive acts or practices in insurance, in its entirety and inserting in its place a new subparagraph (b)(12)(D) to read as follows:
"(D) Knowingly selling to Medicaid recipients substantially unnecessary coverage which duplicates benefits provided under the Medicaid program without disclosing to the prospective buyer that it may not be to the buyer's benefit or that it might actually be to the buyer's detriment to purchase the additional coverage; er"
Section 2. Said chapter is further amended by striking subparagraph (b)(13)(C) of Code Section 33-6-4, relating to unfair methods of competition and unfair or deceptive acts or practices in insurance, and inserting in its place a new subparagraph (b)(13)(C) to read as follows:
"(C) Making direct response advertising by an insurer, including radio or television advertisement, of any individual or group accident and sickness or life insurance policy

392

JOURNAL OF THE HOUSE,

which where such advertisement has not been approved for use in this state by the Commissioner of Insurancet or"
Section 3. Said chapter is further amended by adding a new paragraph (14) of subsection (b) of Code Section 33-6-4, relating to unfair methods of competition and unfair or deceptive acts or practices in insurance, to read as follows:
"(14) Failing to disclose in printed advertising material that medical benefits are calculated on the basis of usual, customary, and reasonable charges."
Section 4. Said chapter is further amended by adding to Code Section 33-6-5, relating to additional unfair methods of competition and unfair or deceptive acts or practices, a new paragraph (14) to read as follows:
"(14) On and after July 1, 1992, no insurer, as defined in paragraph (4) of Code Section 33-1-2, shall issue, cause to be issued, renew, or provide coverage under any major medical insurance policy or plan containing a calendar year deductible or similar plan benefit period deductible which does not provide for a carry-over of the application of such deductible as provided in this paragraph. If all or any portion of an insured's or member's cash deductible for a calendar year or similar plan benefit period is applied against covered expenses incurred by the insured or member during the last three months of the deductible accumulation period, the insured's or member's cash deductible for the next ensuing calendar year or similar benefit plan period shall be reduced by the amount so applied. The provisions of this paragraph shall apply to major medical insurance policies or plans which have a benefit plan period of less than 24 months."
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 Abernathy Y Adams
Y Aiken Alford
Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Bargeron
Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell
Y Carter Y Cauthorn Y Chafin
Chambless Y Cheeks Y Childers

Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fenne! Y Floyd.J.M Y Floyd.J.W Y Flynt
God bee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson
Herbert
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Y Langford Y Lawrence
Y Lawson Y Lee YLong Y Lord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Meadows Y Merritt Y Milam

Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag
Porter Poston Y Powell.A Y Powell.C
Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Y Stanley Streat
Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas.N Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts Y White Y Wilder
Williams.B Williams.J Y Williams.R Y Yeargin Murphy,Spkr

WEDNESDAY, FEBRUARY 5, 1992

393

On the passage of the Bill, by substitute, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Poston of the 2nd and Fennel of the 155th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1275.

By Representative Dunn of the 73rd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize attendance at driver improvement programs in lieu of assessment of points for certain traffic violations.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend H.B. 1275 as follows:
Page 3 : Line 5
Add the following:
The disposition and court order shall be reported to the Department of Public Safety and shall be placed on the Motor Vehicle Record with a zero point count. This plea may be accepted by the Court once every five years as measured from date of arrest to date of arrest.

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 Abernathy Y Adams
Y Aiken Alford
Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Canty Y Carrell Y Carter

Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis.G
Y Davis.M Y Dixon.H
Dixon.S Dobbs Y Dover
Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Godbee Y Golden

Y Goodwin
E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris.J Y Heard Y Henson
Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence

Y Lawson
YLee YLong Y Lord Y Lucas Y Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry

Y Pettit Y Pinholster Y Pinkston Y Poag
Porter Y Poston
Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat

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JOURNAL OF THE HOUSE,

Y Taylor
Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N

Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest

Y Twiggs
Y Valenti Y Vaughan Y Walker.J
Walker.L

Y Wall
Y Watson Y Watts Y White
Y Wilder

Williams.B
Williams.J Y Williams.R 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.

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

HR 791. By Representatives McKinney of the 40th, McKinney of the 35th, Redding of the 50th, Brooks of the 34th, Teper of the 46th and others:
A resolution recognizing the Advisory Committee on Minority Business Enterprise and inviting them to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 792. By Representative Adams of the 79th: A resolution commending Mr. George Reddick.

HR 793. By Representative Adams of the 79th: A resolution commending Mr. Neil H. Hightower and Thomaston Mills.

HR 794. By Representative Adams of the 79th: A resolution commending Ms. Betsy Hueber.

HR 795. By Representatives Sherrill of the 47th, Alford of the 57th, Teper of the 46th, Redding of the 50th, Oliver of the 53rd and others:
A resolution commending the Auxiliary to the DeKalb Medical Society.

HR 796. By Representatives Twiggs of the 4th, Colwell of the 4th and Coleman of the 118th:
A resolution commending the firefighters of Georgia and observing the 20th annual Firefighters' Recognition Day.

HR 797. By Representatives Sherrill of the 47th, Lucas of the 102nd, Alford of the 57th, Teper of the 46th, Redding of the 50th and others:
A resolution recognizing the Atlanta Area Chapter of the Alzheimer's Association.

HR 798. By Representatives Patten of the 149th, Long of the 142nd and Floyd of the 135th:
A resolution recognizing the historical significance of this one hundred first anniversary of the first official celebration of Arbor Day in Georgia.

WEDNESDAY, FEBRUARY 5, 1992

395

HR 799. By Representatives Twiggs of the 4th and Colwell of the 4th:
A resolution congratulating Mrs. Hattie Howell Kimsey on the occasion of her one hundredth birthday.

HR 800. By Representatives Mueller of the 126th, Kingston of the 125th, Dixon of the 128th, Pelote of the 127th, Hamilton of the 124th and others:
A resolution honoring Dr. Richard Dennis Arnold.

HR 801. By Representatives Klein of the 21st, Clark of the 20th, Coker of the 21st, Cauthorn of the 20th, Wilder of the 21st and others:
A resolution expressing regret at the passing of Mr. Douglas L. Howard.

HR 802. By Representative Mobley of the 64th: A resolution commending Mrs. Violette Elliott Lyle.

HR 803. By Representatives Dixon of the 128th, Hamilton of the 124th, Pelote of the 127th, Merritt of the 123rd, Mueller of the 126th and others:
A resolution commending and recognizing Mr. I. W. Harper, Sr., of Garden City, Georgia.

HR 804. By Representatives Green of the 106th and Murphy of the 18th: A resolution commending and honoring Springfield Baptist Church.

HR 805. By Representatives Dobbs of the 74th and Stancil of the 66th: A resolution commending Angela Maria Jenkins.

HR 806. By Representatives Buck of the 95th, Taylor of the 94th, Harris of the 96th, Culbreth of the 97th and Smyre of the 92nd:
A resolution commending the Hardaway High School Varsity Cheerleaders.

HR 807. By Representatives Smith of the 78th and Dunn of the 73rd: A resolution commending the Henry County School System.

HR 808. By Representative Sherrill of the 47th: A resolution commending Mr. Jimmy Connell.

HR 809. By Representative Sherrill of the 47th: A resolution commending Dr. Billie J. Sherrod.

HR 810. By Representatives Smith of the 78th, Henson of the 57th, Ladd of the 44th, Breedlove of the 60th and Barnett of the 10th:
A resolution commending the members and sponsors of the Georgia Chapters of the Future Homemakers of America/Home Economics Related Occupations (FHA/HERO) youth service organization and proclaiming February 11, 1992, as FHA/HERO Day at the state capitol.

396

JOURNAL OF THE HOUSE,

HR 811. By Representatives McBee of the 68th, Stancil of the 66th, Clark of the 13th, Powell of the 13th, Carrell of the 65th and others:
A resolution commending the 1991 University of Georgia football team and head coach Ray Goff.

Representative Kilgore of the 42nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 417 Do Pass, by Substitute
Respectfully submitted, /s/ Kilgore of the 42nd
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 1162 Do Pass, as Amended HB 1203 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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1039 Do Pass, by Substitute HB 1350 Do Pass, by Substitute SB 168 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:

WEDNESDAY, FEBRUARY 5, 1992

397

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 1288 Do Pass, by Substitute HB 1357 Do Pass HB 1358 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 has instructed me to report the same back to the House with the following recommendations:
HB 1337 Do Pass, by Substitute HB 1340 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 131st
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 631 Do Pass, by Substitute HB 1120 Do Pass

HB 1236 Do Pass SB 33 Do Pass, by Substitute

Respectfully submitted, /s/ Twiggs of the 4th
Chairman

Representative Dover of the llth 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 1299 Do Pass HB 1304 Do Pass

HB 1305 Do Pass HB 1306 Do Pass

Respectfully submitted, /s/ Dover of the llth
Chairman

398

JOURNAL OF THE HOUSE,

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

THURSDAY, FEBRUARY 6, 1992

399

Representative Hall, Atlanta, Georgia Thursday, February 6, 1992

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 Eddie F. Collier, Pastor, Towaliga County Line Baptist Church, Jackson, Georgia.
The members pledged allegiance to the flag.
Representative Yeargin of the 14th, Secretary 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 1499. By Representative Smith of the 78th: A bill to amend an Act providing a new charter for the City of Barnesville, so as to change provisions relating to the removal of the city administrator and relating to the acting city administrator; to change provisions relating to council interference with administration.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1500. By Representatives Langford of the 7th, Groover of the 99th, Bostick of the 138th, Jones of the 71st and Dunn of the 73rd: A bill to amend the Official Code of Georgia Annotated, so as to repeal the requirement of motor vehicle liability insurance and references thereto.
Referred to the Committee on Insurance.

400

JOURNAL OF THE HOUSE,

HB 1501. By Representatives Titus of the 143rd, Powell of the 145th and Dover of the llth:
A bill to amend Code Section 15-12-71 of the Official Code of Georgia Annotated, relating to duties of a grand jury, so as to provide that grand juries shall be authorized to inspect city buildings and records.
Referred to the Committee on Judiciary.

HB 1502. By Representative Watson of the 114th:
A bill to amend Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities and multilevel distribution companies, so as to change the definition of certain terms.
Referred to the Committee on Industry.

HB 1503. By Representative Watson of the 114th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property generally, so as to provide for the application of the state minimum fire safety standards.
Referred to the Committee on Industry.

HB 1504. By Representative Wilder of the 21st:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to require the Department of Human Resources to conduct certain studies and issue certain reports with respect to aggregate expenditures for financial and other assistance.
Referred to the Committee on Human Relations & Aging.

HB 1505. By Representative Wilder of the 21st:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding public assistance, so as to change the level of public assistance received under the food stamp program.
Referred to the Committee on Human Relations & Aging.

HB 1506. By Representatives Purcell of the 129th and Floyd of the 154th: A bill to provide a new charter for the City of Riceboro.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1507. By Representative Wilder of the 21st:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding public assistance, so as to provide for certain levels of public assistance based upon length of residence.
Referred to the Committee on Human Relations & Aging.

THURSDAY, FEBRUARY 6, 1992

401

HB 1508. By Representatives Coker of the 21st, Klein of the 21st and Atkins 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 provide for acceptance by the Department of Public Safety of certificates of completion of all defensive driving, alcohol and drug, and driving under the influence clinics and programs approved by any other state for purposes of reinstatement of drivers' licenses.
Referred to the Committee on Motor Vehicles.

HB 1509. By Representative Wilder of the 21st:
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 provide for ineligibility for certain assistance under such article when certain asset transfers are made without adequate compensation therefor.
Referred to the Committee on Human Relations & Aging.

HB 1510. By Representative Wilder of the 21st:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to eliminate certain incremental benefit increases paid under said article.
Referred to the Committee on Human Relations & Aging.

HB 1511. By Representative Wilder of the 21st:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to require the Department of Human Resources to conduct studies and issue reports of the welfare benefits received by families in this state.
Referred to the Committee on Human Relations & Aging.

HB 1512. By Representatives Skipper of the 116th, Walker of the 115th, Selman of the 32nd, Culbreth of the 97th, Moultrie of the 93rd and others:
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 with respect to state health planning, so as to change the provisions relating to the Health Planning Review Board and judicial review of agency decisions.
Referred to the Committee on Health & Ecology.

HB 1513. By Representatives Elliott of the 103rd, Groover of the 99th, Pinkston of the 100th, Lee of the 72nd, Connell of the 87th 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 hospitals and related institutions, so as to require that such institutions maintain a policy of insurance in an amount of at least $2 million or post a bond in such amount or offer proof of net worth in such amount.
Referred to the Committee on Health & Ecology.

402

JOURNAL OF THE HOUSE,

HB 1514. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process in civil actions, so as to provide for service of a civil summons and complaint by mail.
Referred to the Committee on Judiciary.

HB 1515. By Representative Dixon of the 128th:
A bill to repeal an Act creating the Intergovernmental Council of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1516. By Representatives Fennel of the 155th, Smith of the 156th, Lane of the lllth, Floyd of the 154th, Byrd of the 153rd and others:
A bill to amend Code Section 12-2-8 of the Official Code of Georgia Annotated, relating to the promulgation of minimum standards and procedures for the protection of mountains and river corridors, so as to provide that a single-family dwelling may be constructed along a protected river corridor if such dwelling is constructed on a one-acre or larger tract.
Referred to the Committee on Natural Resources & Environment.

HB 1517. By Representatives Baker of the 51st, Oliver of the 53rd, Teper of the 46th, Redding of the 50th and Valenti of the 52nd:
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 1518. By Representatives Baker of the 51st, Pinkston of the 100th, Oliver of the 53rd and Hammond of the 20th:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of an agency relationship, so as to clarify the laws relating to the validity of a principal's granting, in writing, a conditional power of attorney, provided that one or more persons are designated by such principal to determine conclusively, by written declaration under penalty of perjury, that the conditional event or contingency has occurred.
Referred to the Committee on Judiciary.

HB 1519. By Representatives Oliver of the 53rd, Baker of the 51st and Porter of the 119th:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that if the Department of Human Resources is the petitioner, then no guardian ad litem need be appointed; to provide for admissibility of blood tests.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 6, 1992

403

HB 1520. By Representatives Baker of the 51st, Pinkston of the 100th, Oliver of the 53rd and Hammond of the 20th:
A bill to amend Code Section 53-6-24 of the Official Code of Georgia Annotated, relating to rules for granting letters of administration generally and with the will annexed, so as to provide that a trustee of any trust having an interest in the appointment of the administrator with will annexed, as well as a trustee of a trust created by the will, shall be authorized to express a choice on behalf of the beneficiaries of the trust.
Referred to the Committee on Judiciary.

HB 1521. By Representatives Baker of the 51st, Pinkston of the 100th, Oliver of the 53rd and Hammond of the 20th:
A bill to amend Article 2 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to costs, compensation, and liabilities of guardians and sureties, and to amend Article 6 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to commissions and allowances, so as to provide that if an administrator, executor, or guardian distributes property to another fiduciary serving in a capacity separate from the distributing fiduciary, the distributing fiduciary shall be entitled to commissions.
Referred to the Committee on Judiciary.

HB 1522. By Representatives Lawson of the 9th and Chambless of the 133rd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions applicable to torts, so as to define certain terms; to provide for a cause of action for medical malpractice.
Referred to the Committee on Judiciary.

HB 1523. By Representatives Poston of the 2nd, Simpson of the 70th and Cauthorn of the 20th:
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 assault against persons under psychotherapeutic care.
Referred to the Committee on Judiciary.

HB 1524. By Representatives Bordeaux of the 122nd, Irwin of the 57th, Poston of the 2nd and Campbell of the 23rd:
A bill to amend Code Section 9-11-45 of the Official Code of Georgia Annotated, relating to subpoenas for taking depositions and related matters, so as to provide that a defendant to an action in which a deposition is sought may be required to attend an examination in the county in which such action is pending.
Referred to the Committee on Judiciary.

HB 1525. By Representatives Holmes of the 28th, McKinney of the 35th, White of the 132nd, Thurmond of the 67th, Brown of the 88th and others:
A bill to amend Code Section 21-2-4 of the Official Code of Georgia Annotated, relating to the composition of congressional districts, so as to provide for the number and composition of the 11 congressional districts of Georgia.
Referred to the Committee on Legislative & Congressional Reapportionment.

404

JOURNAL OF THE HOUSE,

HB 1526. By Representatives Holland of the 136th, Poston of the 2nd, Skipper of the 116th and Jenkins of the 80th:
A bill to amend Code Section 33-2-8.1 of the Official Code of Georgia Annotated, relating to the preparation by the Commissioner of Insurance of a report on property and casualty insurance, so as to require the inclusion in such report of certain information regarding civil actions between an insurer and its insured.
Referred to the Committee on Insurance.

HB 1527. By Representatives Holland of the 136th, Adams of the 79th, Royal of the 144th, Smith of the 152nd, Powell of the 145th and others:
A bill to amend Code Section 42-8-70 of the Official Code of Georgia Annotated, relating to the use of certain offenders performing community service, so as to provide that community service shall include certain services performed for handicapped or aged persons.
Referred to the Committee on Special Judiciary.

HB 1528. By Representatives Holland of the 136th, Walker of the 113th, Jenkins of the 80th and Poston of the 2nd:
A bill to amend Code Section 19-9-5 of the Official Code of Georgia Annotated, relating to child custody agreements, so as to provide that the term "custody" refers to joint custody.
Referred to the Committee on Special Judiciary.

HB 1529. By Representatives Mills of the 20th, Dover of the llth, Twiggs of the 4th, Dobbs of the 74th, Colwell of the 4th and others:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to seat belts and safety restraints for children under four years of age, so as to increase the penalty for failure to use a child passenger restraining system.
Referred to the Committee on Motor Vehicles.
By unanimous consent, HB 1529 was ordered engrossed.

HB 1530. By Representatives Mobley of the 64th and Twiggs of the 4th:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to abolish the State Patrol Disciplinary Board.
Referred to the Committee on Public Safety.

HB 1531. By Representative Valenti of the 52nd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a short title; to provide for legislative intent and findings; to provide for definitions; to create the Georgia health care corporation.
Referred to the Committee on Health & Ecology.

THURSDAY, FEBRUARY 6, 1992

405

HB 1532. By Representatives Brown of the 88th, Abernathy of the 39th, Henson of the 57th and Howard of the 85th:
A bill to amend Code Section 33-11-16 of the Official Code of Georgia Annotated, relating to authorized investments by insurers, so as to provide that insurers may invest in obligations issued by the International Finance Corporation.
Referred to the Committee on Insurance.

HB 1533. By Representatives Stancil of the 66th, Yeargin of the 14th, Birdsong of the 104th and Floyd of the 135th:
A bill to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to issuance by counties and municipalities of licenses for sale of distilled spirits by the drink, so as to change the population figures describing the counties subject to a provision allowing the governing authority to authorize by resolution or ordinance the issuance of licenses to sell alcoholic beverages by the drink to certain restaurants and private clubs after approval by the voters.
Referred to the Committee on Regulated Beverages.

HB 1534. By Representative Lord of the 107th:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to death certificates.
Referred to the Committee on Health & Ecology.

HB 1535. By Representatives Dover of the llth, Parham of the 105th, Stancil of the 66th, Carrell of the 65th, Orrock of the 30th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for direct-entry midwifery.
Referred to the Committee on Health & Ecology.

HB 1536. By Representative Lane of the 27th:
A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to levy of license, occupation, or professional tax by counties and municipalities in general, so as to provide that such fees shall not exceed $200.00 per year.
Referred to the Committee on State Planning & Community Affairs.

HB 1537. By Representatives Felton of the 22nd and McKinney of the 35th:
A bill to repeal an Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more"; to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making ad valorem tax returns, so as to repeal the provision thereof applicable to counties having therein a city with a population of 350,000 or more.
Referred to the Committee on Ways & Means.

406

JOURNAL OF THE HOUSE,

HB 1538. By Representative Felton of the 22nd:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to change certain provisions relating to residency requirements pertaining to certain commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1539. By Representatives Buck of the 95th, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 5 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to miscellaneous offenses and penalties of persons, firms, or corporations subject to the jurisdiction of the Public Service Commission, so as to authorize the commission to impose and collect certain fines, assessments, and interest in connection with persons, firms, or corporations operating as household goods carriers without having a valid certificate of public convenience and necessity.
Referred to the Committee on Industry.

HB 1540. By Representative Reaves of the 147th:
A bill to amend Article 1 of Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers, so as to provide that a person who purchases leased livestock or a commission merchant who sells leased livestock for the lessee shall not be liable to the owner or lessor of such livestock unless, prior to the purchase or sale, the purchaser or commission merchant has received notice of the owner's or lessor's ownership interest by written notice.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1541. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide that the sale of lottery tickets shall be exempt from such taxes; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a state lottery.
Referred to the Committee on Industry.

HR 788. By Representatives Smith of the 156th and Fennel of the 155th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a marina facility in, on, over, under, upon, across, or through property owned by the State of Georgia in Glynn County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 789. By Representatives Smith of the 156th, Floyd of the 154th, Purcell of the 129th, Mueller of the 126th and Fennel of the 155th:
A resolution continuing the Wetlands Conservation Study Committee.
Referred to the Committee on Rules.

THURSDAY, FEBRUARY 6, 1992

407

HR 790. By Representatives Stancil of the 8th, Pinholster of the 8th, Selman of the 32nd and Coleman of the 118th:
A resolution designating the Reinhardt College Parkway.
Referred to the Committee on Transportation.

HR 812. By Representative Valenti of the 52nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation and operation of a publicly funded state health insurance system, utilizing state funds and other available funds, to finance and assist in the provision of comprehensive health care services and other services incidental thereto for all residents of this state and to replace certain current public and private methods of financing or providing such health care services.
Referred to the Committee on Appropriations.

HR 813. By Representatives Brush of the 83rd, Smith of the 152nd, Parham of the 105th, Snow of the 1st, Harris of the 84th and others:
A resolution urging the congressional delegation of the State of Georgia to take certain action with regard to federally mandated actions in this state.
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 1441 HB 1442 HB 1443 HB 1444 HB 1445 HB 1446 HB 1447
HB 1448
HB 1449
HB 1450

HB 1470 HB 1471 HB 1472 HB 1473 HB 1474 HB 1475 HB 1476
TJO

o
HR !? HR llS HB US HtHtTtlliTDKPRaD. }i1-11/I444iIw RK5o5O77b8 HB TTD 11.145C9Q

HB 1480 HB 1481 HB 1482 HB 1483 HTHT"TTTJBB"DQD 111,14488o45c " TTD

408
HB 1498 HR 781 HR 782 HR 783 HR 787 SB 47 SB 60

JOURNAL OF THE HOUSE,
SB 61 SB 108 SB 149 SB 292 SB 337 SB 460

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1387 Do Pass HB 1388 Do Pass
Respectfully submitted, /s/ Patten of the 149th
Chairman

Representative Cheeks of the 89th District, Vice-Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

HR 652 Do Pass, by Substitute HR 653 Do Pass HR 713 Do Pass

HR 722 Do Pass, by Substitute HR 771 Do Pass

Respectfully submitted, /s/ Cheeks of the 89th
Vice-Chairman

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

Mr. Speaker:

Your Committee on State Planning & Community Affairs - 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 1403 Do Pass HB 1413 Do Pass HB 1430 Do Pass

HB 1431 Do Pass HB 1432 Do Pass HB 1433 Do Pass

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

THURSDAY, FEBRUARY 6, 1992

409

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

HB 1403.

By Representatives Hammond of the 20th, Aiken of the 21st, Atkins of the 21st, Mills of the 20th, Cauthorn of the 20th and others:
A bill to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to change the dates of expiration of the terms of office 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1413.

By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change the compensation of the chairperson and other members of the board of commissioners.

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

HB 1430.

By Representative Meadows of the 91st:
A bill to amend an Act placing the clerk of the Superior Court of Talbot County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court.

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

HB 1431.

By Representative Meadows of the 91st:
A bill to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commissioner.

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

HB 1432.

By Representative Meadows of the 91st:
A bill to amend an Act changing the compensation of the sheriff of Talbot County from the fee system to the salary system, so as to change the compensation of the sheriff.

410

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 1433.

By Representative Meadows of the 91st:
A bill to abolish the present method of compensating the judge of the Probate Court of Talbot County, known as the fee system; to provide in lieu thereof an annual salary.

The report of the Committee, which WES favorable to the passage of the Bill, was 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 Special Judiciary and referred to the Committee on Judiciary.

HB 1294.

By Representatives Carrell of the 65th, Porter of the 119th, Mobley of the 64th, Dobbs of the 74th and Stancil of the 66th:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to regulation of aeronautics, aircraft, and airports, so as to provide for the offense of homicide by aircraft.

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 445. By Senator Pollard of the 24th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and payments required to obtain credit in the Employees' Retirement System of Georgia, so as to provide that certain members shall be entitled to creditable service for employment by the Judicial Council of Georgia; to provide for employee contributions; to provide for related matters; to provide conditions for an effective date and automatic repeal.

SB 474. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the provisions relating to operating, navigating, steering, driving, or controlling of vessels, water skis, aquaplanes, surfboards, or similar devices while under the influence of alcohol or drugs, or both; to change the provisions relating to blood and other chemical tests; to provide for the liability of the owner of such vessel.

THURSDAY, FEBRUARY 6, 1992

411

SB 486. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
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 no person shall be a state court judge unless he or she shall have been a resident of the state for three years.

SB 487. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to provide for the offense of habitual impaired driving; to provide for penalties; to change certain requirements for issuance of a probationary license; to require a criminal history check of an applicant for a probationary license.

SB 489. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to implied consent; to provide for the suspension of a driver's license or the disqualification of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibition against driving under the influence of alcohol.

SB 496. By Senator Ramsey of the 54th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil cases.

SB 504. By Senator Foster of the 50th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to provide that persons who cannot communicate in the English language shall be incompetent to serve as grand jurors; to provide that any prospective juror who cannot communicate in the English language may be challenged for cause in the trial of any case and, if the judge is satisfied of the truth of such objection, the prospective juror shall be set aside for cause.

SB 522. By Senators Gillis of the 20th, Garner of the 30th and Deal of the 49th:
A bill to amend Part 3 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Safe Dams Act of 1978," so as to provide that final orders of the director of the Environmental Protection Division of the Department of Natural Resources or of the Board of Natural Resources administrative law judge may be filed in the superior court in the county in which the person under order resides or in the county in which the violation of that part occurred.

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

412

JOURNAL OF THE HOUSE,

SB 559. 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 change the definition of "member of the governing authority"; to provide for sanctions for the violation of the code of ethics; to provide for procedures, requirements, and other matters relative to the foregoing; to provide for a referendum.

HB 1111.

By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the clerk of the superior court.

HB 1112.

By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating the office of commissioner of Catoosa County, so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners.

HB 1172.

By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act creating the board of commissioners of Jones County, so as to reconstitute the membership of the board.

HB 1226.

By Representative Yeargin of the 14th:
A bill to provide for the compensation of the coroner and deputy coroner of Oglethorpe County.

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

SB 445. By Senator Pollard of the 24th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and payments required to obtain credit in the Employees' Retirement System of Georgia, so as to provide that certain members shall be entitled to creditable service for employment by the Judicial Council of Georgia; to provide for employee contributions; to provide for related matters; to provide conditions for an effective date and automatic repeal.
Referred to the Committee on Retirement.

SB 474. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the provisions relating to operating, navigating, steering, driving, or controlling of vessels, water skis, aquaplanes, surfboards, or similar devices while under the influence of alcohol or drugs, or both; to change the provisions relating to blood and other chemical tests; to provide for the liability of the owner of such vessel.
Referred to the Committee on Game, Fish & Parks.

THURSDAY, FEBRUARY 6, 1992

413

SB 486. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
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 no person shall be a state court judge unless he or she shall have been a resident of the state for three years.
Referred to the Committee on Judiciary.
SB 487. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to provide for the offense of habitual impaired driving; to provide for penalties; to change certain requirements for issuance of a probationary license; to require a criminal history check of an applicant for a probationary license.
Referred to the Committee on Motor Vehicles.
SB 489. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to implied consent; to provide for the suspension of a driver's license or the disqualification of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibition against driving under the influence of alcohol.
Referred to the Committee on Motor Vehicles.
SB 496. By Senator Ramsey of the 54th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriffs services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil cases.
Referred to the Committee on Judiciary.

SB 504. By Senator Foster of the 50th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to provide that persons who cannot communicate in the English language shall be incompetent to serve as grand jurors; to provide that any prospective juror who cannot communicate in the English language may be challenged for cause in the trial of any case and, if the judge is satisfied of the truth of such objection, the prospective juror shall be set aside for cause.
Referred to the Committee on Special Judiciary.

SB 522. By Senators Gillis of the 20th, Garner of the 30th and Deal of the 49th:
A bill to amend Part 3 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Safe Dams Act of 1978," so as to provide that final orders of the director of the Environmental Protection Division of the Department of Natural Resources or of the Board of Natural Resources administrative law judge may be filed in the superior court in the county in which the person under order resides or in the county in which the violation of that part occurred.
Referred to the Committee on Natural Resources & Environment.

414

JOURNAL OF THE HOUSE,

SB 559. 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 change the definition of "member of the governing authority"; to provide for sanctions for the violation of the code of ethics; to provide for procedures, requirements, and other matters relative to the foregoing; to provide for a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.

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 750. By Representative Lane of the 27th:
A bill to amend Code Section 48-13-5 of the Official Code of Georgia Annotated, relating to the levy of license, occupation, or professional tax by counties and municipalities only at a practitioner's principal office, so as to provide that such limitation shall apply to utility contracting, conditioned air contracting, and low-voltage contracting.

Representative Hammond of the 20th moved that HB 750 be recommitted to the Committee on Ways and Means.

Representative Ladd of the 44th moved the previous question.

The following amendments were read and lost.

Representative Teper of the 46th moves to amend HB 750 as follows:
Strike all the words starting with "so" on line 4 page 1 and ending with "contracting" on line 7 page 1 and
Strike all the words after "(a)" on line 14 page 1 through line 10 on page 2.

Representative Wilder of the 21st moves to amend HB 750 as follows: On Line 18 after the word law add "real estate brokers".

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend HB 750 on page 2, line 10 by striking the period at the end of said line and inserting the following:
"; provided, however, the provisions of this Code section shall not apply to any practitioner, doing business in a municipality or county, who has a branch office or fixed place of business located within such municipality or county for sixty (60) or more days during a calendar year."

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

THURSDAY, FEBRUARY 6, 1992

415

N Abernathy Y Adams Y Aiken
Y Alford
Y Ashe
Y Atkins
N Baker Y Balkcom
Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks N Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell N Canty Y Carrell Y Carter N Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B N Cummings.M N Davis.D N Davis.G Y Davis.M
Y Dixon.H N Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard N Henson
Y Herbert Y Holland N Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas Y Mann N Martin Y McBee Y McCoy Y McKelvey N McKinney.B Y McKinney.C Y Meadows
Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C N Oliver.M
YOrr N Orrock Y Padgett
Parham Y Parrish
Y Patten N Pelote N Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves N Redding Y Ricketson
Y Royal Selman
N Sherrill N Simpson N Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Standl.S N Stanley Y Streat Y Taylor N Teper Y Thomas.C N Thomas.M N Thomas.N N Thurmond
Titus Y Tolbert
Townsend N Turnquest Y Twiggs N Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White N Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 134, nays 32.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 750 was ordered immediately transmitted to the Senate.

Representative Poston of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

HR 647. By Representatives Buck of the 95th, Colwell of the 4th, Hammond of the 20th, Coker of the 21st and Mills of the 20th:
A resolution authorizing and directing the conveyance of certain state owned property located in Cobb County, Georgia, to the Board of Regents of the University System of 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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe

Y Atkins Baker
Y Balkcom Barfoot Bargeron

Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield

Birdsong Blitch Bordeaux Y Bostick Y Branch

Y Breedlove
Y Brooks Y Brown Y Brush YBuck

416

JOURNAL OF THE HOUSE,

Y Buckner Byrd
Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton

Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee
Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J
Y Heard Y Henson
Herbert Y Holland
Y Holmes Y Howard Y Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston

Y Klein
Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee YLong
Lord Y Lucas Y Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney,B
Y McKinney.C Y Meadows
Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock

Y Padgett Parham
Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W

Smyre YSnow
Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L
Y Wall Watson
Y Watts White Wilder
Y Williams.B Williams,J
Y Williams.R Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Poston of the 2nd 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 648. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A resolution urging the Board of Regents of the University System of Georgia to consider establishing educational instruction in gerontology at every unit of the University System of Georgia by the year 2000.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 111, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1150.

By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to authorized types of service cancelable educational loans, so as to include selected degree programs in gerontology and geriatrics as educational fields of study approved for service cancelable loans.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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HB 1151.

By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Taylor of the 94th, Harris of the 96th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Springer Opera House as the official Georgia state theater.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Springer Opera House as the official Georgia state theater; to provide for related matters; to repeal conflicting laws; and for other purposes.
WHEREAS, the Springer Opera House in Columbus was built by Francis Joseph Springer, an emigrant from Alsace, and opened on February 21, 1871, as an elegant hall for the enjoyment of music and the performing arts; and
WHEREAS, this architectural landmark became known as the finest opera house between Washington and New Orleans and has hosted an internationally recognized array of performers of music, ballet, theater, vaudeville, and oratory; and
WHEREAS, since its restoration in 1965, the Springer has operated as a working theater, has offered an annual ballet season, and has provided exceptional training and educational programs in drama; and
WHEREAS, the Springer has been listed on the U. S. Department of Interior's National Register since 1970, and uniquely reflects the architectural heritage and cultural development of Georgia; and
WHEREAS, on June 16, 1978, the Springer Opera House was designated as a National Historic Landmark worthy of federal protection based upon its historical value and significance to the nation as a whole; and
WHEREAS, the splendor and style of the Springer Opera House contribute to our appreciation and enjoyment of the performing arts, and this cultural landmark deserves the attention and appreciation of the citizens of this state as the official state theater.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding a new Code Section 50-3-66 at the end thereof to read as follows:
"50-3-66. The Springer Opera House is designated as the official Georgia state theater."
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 115, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Godbee of the 110th stated that he wished to be recorded as voting "nay" on HB 1151.

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HB 1357.

By Representatives Royal of the 144th, Long of the 142nd, Chambless of the 133rd and Titus of the 143rd:
A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to the creation of juvenile courts, so as to repeal certain provisions prohibiting the practice of law by juvenile judges appointed in a circuit with a population of 160,000 or more according to the United States decennial census of 1980 or any future such census.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1358.

By Representatives Royal of the 144th, Long of the 142nd, Chambless of the 133rd and Titus of the 143rd:
A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to the creation of juvenile courts, so as to provide for prohibitions with respect to the practice of law by juvenile judges appointed in a circuit with a population of 180,000 or more according to the United States decennial census of 1990 or any future such census.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1232.

By Representatives Jamieson of the llth, Jackson of the 9th, Bostick of the 138th, Greene of the 130th, Reaves of the 147th and others:
A bill to amend Code Section 50-20-7 of the Official Code of Georgia Annotated, relating to the applicability of certain laws to nonprofit contractors, so as to provide that such laws shall not apply to certain Resource Conservation and Development Councils.

The report 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 1233.

By Representatives Jamieson of the llth, Jackson of the 9th, Greene of the 130th, Bostick of the 138th, Reaves of the 147th and others:
A bill to amend Code Section 50-8-150 of the Official Code of Georgia Annotated, relating to the creation of the State Advisory Committee on Rural Development, so as to change the number of committee members.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 50-8-150 of the Official Code of Georgia Annotated, relating to the creation of the State Advisory Committee on Rural Development, so as to change

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certain provisions relating to the number of committee members and the manner of appointment; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 50-8-150 of the Official Code of Georgia Annotated, relating to the creation of the State Advisory Committee on Rural Development, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Effective July 1, 1988, there is created a State Advisory Committee on Rural Development. The committee shall advise the commissioner of community affairs and Board of Community Affairs on matters related to rural development and the preparation of a biennial rural economic development plan and any other such matters requested by the commissioner of community affairs or Board of Community Affairs. The committee shall consist of no less than 15 and no more than 21 members, composed of elected officials of municipalities, elected officials of counties, members of the General Assembly, and other persons knowledgeable about the community and economic development of rural areas appointed by the commissioner ef community affairs Governor. In making appointments to the committee, the commissioner of community affairs Governor shall ensure that members include representatives from throughout rural Georgia."
Section 2. This Act shall become effective on July 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

HB 1350.

By Representative Watson of the 114th:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of landscape architects, is amended by striking in its entirety Code Section 43-23-20, relating to the termination of the Georgia Board of Landscape Architects, and inserting in lieu thereof a new Code Section 43-23-20 to read as follows:
"43-23-20. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Landscape Architects shall be terminated on July 1, 1902 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."

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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 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1196. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that no county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribution, storage, transportation, disposal, formulation or labeling.

Representative Reaves of the 147th moved that further consideration of HB 1196 be postponed until tomorrow immediately following the period of unanimous consents.
The motion prevailed.

HB 1156.

By Representatives Street of the 139th, Twiggs of the 4th, Dobbs of the 74th, Dover of the llth, Coleman of the 118th and others:
A bill to amend Code Section 16-11-100 of the Official Code of Georgia Annotated, relating to the offense of failing to remove the lid, door, or locking device from certain abandoned, unattended, or discarded containers, so as to define the offense of leaving in a place accessible to children a motor vehicle which cannot easily be opened from the inside; to amend Code Section 43-48-11 of the Official Code of Georgia Annotated, relating to investigation of complaints, so as to provide for the suspension, revocation, or refusal to renew such license.

The following Commmittee substitute was read and adopted:

A BILL
To amend Code Section 16-11-100 of the Official Code of Georgia Annotated, relating to the offense of failing to remove the lid, door, or locking device from certain abandoned, unattended, or discarded containers, so as to define the offense of leaving in a place accessible to children a motor vehicle which cannot easily be opened from the inside; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-11-100 of the Official Code of Georgia Annotated, relating to the offense of failing to remove the lid, door, or locking device from certain abandoned, unattended, or discarded containers, is amended by striking Code Section 16-11-100 in its entirety and substituting in lieu thereof the following Code section:
"16-11-100. (a) A person is guilty of a misdemeanor when fee that person leaves in any place accessible to children any abandoned, unattended, or discarded container

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421

which has a compartment of more than 1 '/2 cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside, without first removing the lid, door, or locking device from such container.
(b) A person is guilty of a misdemeanor when that person leaves in any place accessible to children any abandoned, unattended, or discarded motor vehicle which does not have at least one door which can easily be opened from the inside or one door or window which has been removed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 113, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1288.

By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th and Jamieson of the llth:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White.

The following Committee substitute was read and adopted:

A BILL
To create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Lumpkin, and White; to provide for two judges of the superior court and a district attorney for said circuit; to provide for their initial appointment, subsequent election, and compensation; to provide for the transfer of proceedings to said circuit; to revise the Mountain Judicial Circuit and the Northeastern Judicial Circuit; to provide for other matters relative to the foregoing; to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide for a new judicial circuit; to provide for the judges of the superior court and the terms of court in said circuit; 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. (a) Effective July 1, 1992, there is created a new judicial circuit of the superior courts of this state, to be known as the Enotah Judicial Circuit, which circuit shall be composed of the Counties of Towns, Union, Lumpkin, and White. The offices of the judge of the superior court and district attorney of the Enotah Judicial Circuit are created for said circuit. The initial judges and district attorney shall be appointed by the Governor for a term of office beginning on July 1, 1992, and continuing through December 31, 1994, and until successors are elected and qualified. Successors to the initial judges and district attorney shall be elected in the general election immediately preceding the expiration of a term of office and shall be elected for terms of office of four years each and until their respective successors are duly elected and qualified. Successors to the offices of judge and district attorney shall take office on the first day of January following their election.
(b) The compensation and allowances of the judges and district attorney of said circuit shall be as now or hereafter provided by law.
(c) All civil, equitable, and criminal proceedings and litigations pending in the superior courts of Towns, Union, Lumpkin, and White counties at such time as they were a

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part of the Mountain Judicial Circuit and Northeastern Judicial Circuit, including all complaints, pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, mesne, and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending, or commenced in such counties shall relate to, become a part of, and be transferred to the respective superior courts of the Enotah Judicial Circuit and its jurisdiction when said circuit comes into existence.
Section 2. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by adding a new paragraph (17.1) to Code Section 15-6-1, relating to composition of the judicial circuits, and by striking paragraphs (25) and (26) of said Code section and inserting in lieu thereof the following:
"(17.1) Enotah Judicial Circuit, composed of the Counties of Towns, Union, Lumpkin, and White;".
"(25) Mountain Judicial Circuit, composed of the Counties of Habersham, Rabun, and
(26) Northeastern Judicial Circuit, composed of the Counties of Hall; and Dawson; ijumpKin, ftftti w ii11/65
Section 3. Said chapter is further amended by adding a new paragraph (17.1) to Code Section 15-6-2, relating to the number of judges, to read as follows:
"(17.1) Enotah Circuit....................................................................................................... 2".
Section 4. Said chapter is further amended by adding a new paragraph (17.1) to Code Section 15-6-3, relating to terms of court, and by striking paragraphs (25) and (26) of said Code section and inserting in lieu thereof the following:
"(17.1) Enotah Circuit: (A) Towns County January 1 and July L (B) Union County January 1 and July L (C) Lumpkin County Fourth Monday in February and August. (D) White County First Monday in April and October."
"(25) Mountain Circuit: (A) Habersham County January 1 and July 1. (B) Rabun County January 1 and July 1. (C) Stephens County January 1 and July 1. {B} Towns County January 1 ad Jly t {E) Union County January i ad Jtriy IT
(26) Northeastern Circuit: (A) Dawson County First Monday in February and August. (B) Hall County First Monday in May and November and second Monday in
January and July. { ) Lumpkin County Fourth Monday i February and August. 4>} White County First Monday tfi April and October."
Section 5. For the purposes of the appointment of the judges and district attorney of the Enotah Judicial Circuit to take office on July 1, 1992, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall be effective on July 1, 1992.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 113, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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423

Representative Orr of the 9th stated that he wished to be recorded as voting "nay" on HB 1288.

HR 133. By Representative Ray of the 98th:
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 ayes were 113, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 716. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 104, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker assumed the Chair.

HB 1162. By Representative Adams of the 79th:
A bill to amend Code Section 49-2-2 of the Official Code of Georgia Annotated, relating to the creation of the Board of Human Resources, so as to provide that at least one member of such board shall be a physically handicapped person.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 1162 by striking from the title on line 4 of page 1 the word "physically",
and by striking from Section 1 on line 23 of page 1 the word "physically".

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 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 645. By Representatives Lawson of the 9th, Jackson of the 9th and Orr of the 9th:
A resolution consenting to the annexation of certain state owned real property located in Hall County into the corporate limits of the City of Gainesville.

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The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 109, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1120.

By Representative McKinney of the 35th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from prohibitions against carrying a concealed weapon, carrying a deadly weapon to a public gathering, and carrying a pistol without a license, so as to provide that such exemptions shall extend to solicitors of state courts, investigators employed by a solicitor's office, and assistant solicitors.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

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

HR 814. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd, Walker of the 115th and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of recognizing and honoring Robert Edward Turner III and hearing a message from him; inviting His Excellency, Governor Zell Miller, to attend the joint session and accompany the guest of honor.

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 1156.

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:

HR 816. By Representatives Oliver of the 53rd, Baker of the 51st, Colwell of the 4th, Byrd of the 153rd, Porter of the 119th and others:
A resolution re-creating the Joint Study Committee on Children and Youth.
Referred to the Committee on Judiciary.

HB 1549. By Representatives Oliver of the 53rd, Baker of the 51st, Colwell of the 4th, Byrd of the 153rd, Hamilton of the 124th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to repeal a certain definition; to change the provisions relating to certain duties of the Council of Juvenile Court Judges.
Referred to the Committee on Judiciary.

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425

HB 1553. By Representatives Felton of the 22nd, Townsend of the 24th, McKinney of the 35th and Thomas of the 31st:
A bill to provide a homestead exemption from all Fulton County ad valorem taxes in an amount of $4,000.00 of the assessed value of such homestead for certain residents of Fulton County in 1993; to provide that such amount shall increase $2,000.00 each year after that until it reaches $10,000.00 in 1996.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Resolutions of the House were read and adopted:

HR 819. By Representatives McKinney of the 40th, Henson of the 57th, McKinney of the 35th, Redding of the 50th, Brooks of the 34th and others:
A resolution expressing support for the "Georgia 500" project.

HR 820. By Representative Reaves of the 147th: A resolution commending and recognizing Ms. Carolyn Grant.

HR 821. By Representative Sherrill of the 47th: A resolution commending Dr. Thomas L. Are.

HR 822. By Representatives Smith of the 78th, Jenkins of the 80th, Adams of the 79th and Murphy of the 18th:
A resolution commending Pat Edwards.

HR 823. By Representative Smith of the 78th: A resolution recognizing and commending the Jackson Kiwanis Club.

HR 824. By Representative Smith of the 78th: A resolution commending and recognizing Mr. Joe M. Keadle.

HR 825. By Representative Smith of the 78th:
A resolution commending the staff of the Mclntosh Trail Early Childhood Development Council.

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 782 Do Pass
Respectfully submitted, Is/ Childers of the 15th
Chairman

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

Mr. Speaker:

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

HB 1276 Do Pass, by Substitute HB 1277 Do Pass, by Substitute

HB 1294 Do Pass HB 1362 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 22 Do Pass, by Substitute HB 150 Do Pass, by Substitute

HB 1115 Do Pass, by Substitute HB 1437 Do Pass

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

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 784 Do Pass HR 785 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Walker of the 115th moved that the House do now adjourn until 9:00 o'clock, A.M., tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, A.M., tomorrow morning.

FRIDAY, FEBRUARY 7, 1992

427

Representative Hall, Atlanta, Georgia Friday, February 7, 1992

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Ed Padgett, retired, North Georgia Conference, Calhoun, Georgia.
The members pledged allegiance to the flag.
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 1542. By Representatives Sherrill of the 47th, Lucas of the 102nd, Adams of the 79th, Oliver of the 53rd, Martin of the 26th and others: A bill to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding social services, so as to establish the Childhood Early Intervention and Services for the Elderly Fund.
Referred to the Committee on Human Relations & Aging.
HB 1543. By Representatives Clark of the 20th, Klein of the 21st, Atkins of the 21st, Aiken of the 21st, Vaughan of the 20th 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.

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HB 1544. By Representatives Stancil of the 8th, Pinholster of the 8th, Heard of the 43rd, Barnett of the 10th and Jones of the 71st:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of the Public Service Commission, so as to provide for the authority of such commission with respect to the establishment or alteration of certain area code designations.
Referred to the Committee on Industry.

HB 1545. By Representatives Baker of the 51st, Irwin of the 57th, Sherrill of the 47th and Dunn of the 73rd:
A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to provide new standards for the designation of official organs.
Referred to the Committee on Judiciary.

HB 1546. By Representative Pettit of the 19th:
A bill to amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide for the criminal offense of damaging, severing, removing, or otherwise interfering with railroad communication or signal wires.
Referred to the Committee on Judiciary.

HB 1547. By Representative Wilder of the 21st:
A bill to amend Code Section 24-9-67 of the Official Code of Georgia Annotated, relating to admissibility of opinions of experts, so as to provide for the conditions under which expert testimony may be offered.
Referred to the Committee on Judiciary.

HB 1548. By Representative Balkcom of the 140th:
A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to prohibit the hunting of wildlife and feral hogs on public roads.
Referred to the Committee on Game, Fish & Parks.

HB 1550. By Representatives Bordeaux of the 122nd, Orrock of the 30th, Turnquest of the 56th, Martin of the 26th and Thomas of the 69th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to strike the definition of "owner-operator"; to redefine "injury" or "personal injury" to include mental disorders under certain conditions, and to provide that a mental disorder which arises out of and in the course of employment which results in death shall be a compensable injury or personal injury.
Referred to the Committee on Industrial Relations.

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429

HB 1551. By Representatives Perry of the 5th, Irwin of the 57th, Buckner of the 72nd, Chafin of the 72nd, Benefield of the 72nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that vehicles which are powered by solar or electric energy or have been rated by the United States Environmental Protection Agency as having attained 100 miles per gallon of petroleum based fuel shall be exempt from sales and use taxes and annual license fees.
Referred to the Committee on Ways & Means.
HB 1552. By Representatives Milam of the 81st, Moultrie of the 93rd, Jones of the 71st, Davis of the 77th, Greene of the 130th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for the regulation, control, and eradication of noxious aquatic weeds.
Referred to the Committee on Natural Resources & Environment.

HB 1554. By Representatives Pinholster of the 8th, Carter of the 146th, Floyd of the 135th, Dobbs of the 74th and Ashe of the 25th:
A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to provide for the development and issuance of rules and regulations to establish limitations on the release of certain odor-causing chemicals.
Referred to the Committee on Natural Resources & Environment.

HB 1555. By Representatives Stanley of the 33rd, Sinkfield of the 37th, Davis of the 29th, Martin of the 26th, Thomas of the 31st and others:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to the prohibition of one municipal council from binding a succeeding council, so as to provide that the governing authorities of certain municipalities may authorize the mayors of such municipalities to enter into certain binding contracts with respect to property or facilities used for nonprofit aquarium purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1556. By Representatives Williams of the 90th, Pinkston of the 100th, Padgett of the 86th, Connell of the 87th and Harris of the 84th:
A bill to amend Code Section 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, so as to provide for the size and style of type to be used in any disclaimer or symbol directing attention to a disclaimer regarding the availability of merchandise or services advertised for sale.
Referred to the Committee on Judiciary.

HB 1557. By Representatives Milam of the 81st, Royal of the 144th, Clark of the 13th, Long of the 142nd and Griffin of the 6th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions applicable to landlord and tenant, so as to repeal certain provisions relative to a landlord's duties as to utilities.
Referred to the Committee on Judiciary.

430

JOURNAL OF THE HOUSE,

HB 1558. By Representatives Brush of the 83rd, Griffin of the 6th, Mann of the 6th, Poag of the 3rd, Thomas of the 69th and others:
A bill to repeal an Act providing for a board of elections in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1559. By Representative Dobbs of the 74th:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations regarding certain actions, so as to provide when certain actions for trespass upon or damage to realty shall accrue.
Referred to the Committee on Special Judiciary.

HB 1560. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to provide that a person also commits the offense of murder when, in the commission of a felony, he causes, directly or indirectly, the death of another human being.
Referred to the Committee on Special Judiciary.

HB 1561. By Representative Dover of the llth:
A bill to amend Code Section 48-5-20 of the Official Code of Georgia Annotated, relating to the effect of failure to return taxable property, so as to provide for conditions under which certain real property shall be deemed to have been returned for taxation.
Referred to the Committee on Ways & Means.

HB 1562. By Representative Dover of the llth:
A bill to amend Code Section 48-2-18 of the Official Code of Georgia Annotated, relating to the State Board of Equalization, so as to specify the time at which interest shall begin to accrue with respect to certain tax appeals.
Referred to the Committee on Ways & Means.

HB 1563. By Representative Campbell of the 23rd:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation and maintenance and use of public roads generally, so as to provide for the conditions and restrictions under which state funds may be expended to install outdoor lights.
Referred to the Committee on Transportation.

HB 1564. By Representative Campbell of the 23rd:
A bill to amend Code Section 29-4-4 of the Official Code of Georgia Annotated, relating to appointment of guardians by judges of the probate courts and the privilege of a minor over 14 to select his or her own guardian, so as to provide that if both living parents, or one if both are not living, have permanently relinquished all parental rights to the proposed guardian in writing and provides a ten-day period in which a parent may withdraw said relinquishment, the judge of the probate court shall have the power to appoint a guardian.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 7, 1992

431

HR 815. By Representative Campbell of the 23rd: A resolution compensating Mr. Donald E. Adams.
Referred to the Committee on Appropriations.

HR 817. By Representatives Holland of the 136th, Poston of the 2nd, Coleman of the 118th, Royal of the 144th and Smith of the 152nd:
A resolution expressing the intent of the General Assembly that appointments to legislatively created boards, commissions, and committees be made in such a manner as to ensure state-wide representation.
Referred to the Committee on Rules.

HR 818. By Representatives Dover of the llth, Barnett of the 10th, Kilgore of the 42nd, Harris of the 84th and Jackson of the 9th:
A resolution proposing an amendment to the Constitution so as to provide for the levy and collection of a local income tax for educational purposes.
Referred to the Committee on Ways & Means.

HR 826. By Representative Cauthorn of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for other sources of revenue for local school systems.
Referred to the Committee on Ways & Means.

HR 827. By Representatives Carrell of the 65th, Mobley of the 64th, Stancil of the 66th, McBee of the 68th, Yeargin of the 14th and others:
A resolution creating the Northeast Georgia Public Health Region Overview Commission.
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 1499
HB 1500 HB 1501 HB 1502
HB 1503 HB 1504

HB
HR

1505

HR ISO?

HB 1508

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
TTD 1=00
HB 1524
HHBB 11552256
HB 1528 HB 1529 HB 1530 HB 1531 HB 1532 HB 1533

432

JOURNAL OF THE HOUSE,

HB 1534 HB 1535 HB 1536 HB 1537 HB 1538 HHBo 11553490
HB 1541
HB 1549
HB 1553
HR 788
HR 789
HR 790

HR 812 HR 813 HR 816 SB 445 SB 474 SCBD 4AQ8C6
^B 487
bB 489
SB 496
SB 504
SB 522
SB 559

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 786 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 1436 Do Pass HB 1443 Do Pass HB 1444 Do Pass HB 1455 Do Pass HB 1466 Do Pass

HB 1467 Do Pass HB 1492 Do Pass HB 1479 Do Pass HB 1481 Do Pass HB 1498 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 1479.

By Representatives Irwin of the 57th, Alford of the 57th and Henson of the 57th:
A bill to provide a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes in certain graduated amounts of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or permanently disabled.

FRIDAY, FEBRUARY 7, 1992

433

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

Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Bostick Branch Y Breedlove Brooks Y Brown Y Brush YBuck Buckner Y Byrd Y Campbell Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Childers

Y Clark.E Y Clark.L Y Coker
Coleman Colwell Y Connell Y Culbreth Y Cummings tB Cummings.M Y Davis.D Y Davis.G Davis,M Y Dixon.H Dixon.S Dobbs Y Dover Dunn Edwards Y Elliott Y Felton Y Fennel Floyd.J.M Y Floyd.J.W Y Flynt God bee Y Golden Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Harris.B Y Harris.J

Y Heard Y Henson Y Herbert
Holland Holmes Y Howard Y Hudson Y Irwin Jackson Jamieson Y Jenkins Y Jones Kilgore Y King Kingston Y Klein Ladd Y Lane.D Lane,R Y Langford Y Lawrence Lawson YLee Y Long YLord Lucas YMann Y Martin Y McBee Y McCoy McKelvey Y McKinney.B McKinney,C Y Meadows Merritt Y Milam

Mills Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett
Parham Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston YPoag Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson Sinkfield

Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Thomas.C Thomas,M Y Thomas.N Thurmond Y Titus Y Tolbert Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts White Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1481.

By Representatives Clark of the 13th, Powell of the 13th, Thurmond of the 67th and McBee of the 68th:
A bill to provide for homestead exemptions from Clarke County ad valorem taxes for county purposes and from Clarke County School District ad valorem taxes for educational purposes for certain residents of that county and 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:

Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Bargeron

Y Barnett.B
Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Branch

Y Breedlove Brooks
Y Brown Y Brush YBuck
Buckner Y Byrd Y Campbell
Canty Y Carrell

Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.L Y Coker
Coleman

Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D Y Davis.G
Davis.M Y Dixon.H
Dixon.S

434

JOURNAL OF THE HOUSE,

Dobbs Y Dover
Dunn
Edwards
Y Elliott
Y Felton Y Fennel
Floyd.J.M Y Floyd.J.W
Y Flynt
Godbee
Y Golden Goodwin
E Green Y Greene Y Griffin
Y Groover Y Hamilton
Y Hammond Hanner Harris.B
Y Harris.J
Y Heard Y Henson Y Herbert
Holland

Holmes Y Howard Y Hudson
Y Irwin Jackson Jamieson
Y Jenkins
Y Jones Kilgore
Y King Kingston
Y Klein Ladd
Y Lane.D Lane.R
Y Langford Y Lawrence
Lawson YLee Y Long
YLord
Lucas YMann Y Martin Y McBee Y McCoy

McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt Y Milam
Mills Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett
Parham
Parrish Y Patten
Y Pelote
Y Perry Y Pettit Y Pinholster
Pinkston YPoag

Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Y Redding
Y Ricketson
Y Royal Y Selman
Y Sherrill Simpson Sinkfield Skipper
Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre
Y Snow Y Stancil.F Y Stancil.S
Y Stanley

Y Streat Y Taylor Y Teper
Thomas.C Thomas, M Y Thomas.N Thurmond Y Titus Y Tolbert Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts White Wilder Y Williams.B Williams.J Y Williams.R
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1498. By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th:
A bill to provide for homestead exemptions from Madison County ad valorem taxes for county purposes and from Madison County School District ad valorem taxes for educational purposes for certain residents of that county and 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:

Abernathy Y Adams
Aiken
Y Alford
Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Bargeron Y Barnett.B
Y Barnett.M
Y Bates Y Beatty Y Benefield
Y Birdsong
Y Blitch Y Bordeaux
Bostick Branch Y Breedlove Brooks
Y Brown
Y Brush Y Buck
Buckner
Y Byrd Y Campbell

Canty Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.L Y Coker
Coleman Colwell Y Connell Y Culbreth Y Cummings.B Cummings.M Y Davis.D Y Davis.G Davis.M
Y Dixon.H
Dixon.S
Dobbs
Y Dover
Dunn
Edwards
Y Elliott Y Felton

Y Fennel Floyd.J.M
Y Floyd,J.W Y Flynt
Godbee Y Golden
Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Harris.B
Y Harris,J Y Heard
Y Henson Y Herbert
Holland Holmes Y Howard Y Hudson
Y Irwin
Jackson Jamieson
Y Jenkins Y Jones

Kilgore Y King
Kingston Y Klein
Ladd Y Lane.D
Lane.R
Y Langford Y Lawrence
Lawson YLee YLong
YLord Lucas
Y Mann
Y Martin Y McBee Y McCoy
McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt Y Milam
Mills Y Mobley Y Moody
Morsberger

Y Moultrie Y Mueller Y Oliver.C
Oliver.M
YOrr
Orrock
Y Padgett Parham Parrish
Y Patten Y Pelote Y Perry Y Pettit
Y Pinholster Pinkston
Y Poag Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal

FRIDAY, FEBRUARY 7, 1992

435

Y Selman Y Sherrill
Simpson Sinkfield Skipper Y Smith.L Y Smith,? Y Smith.T

Y Smith, W Smyre
Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor

Y Teper Thomas.C Thomas.M
Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend

Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Y Watson

Y Watts White Wilder
Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1436.

By Representatives Wilder of the 21st, Aiken of the 21st, Hammond of the 20th, Coker of the 21st, Vaughan of the 20th and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the compensation of the chairman and other members of the board of education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1443. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to abolish the Board of Tax Administrators for 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 ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1444. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to abolish the Catoosa Utility District and board of utilities commissioners for 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 ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1455.

By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act incorporating the City of Wrens in Jefferson County, so as to change the provisions relating to the time of election, taking of office, and terms of office of the city councilmen.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.

436

JOURNAL OF THE HOUSE,

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

HB 1466.

By Representatives Poston of the 2nd, McCoy of the 1st and Snow of the 1st:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to redesignate the Town of Fort Oglethorpe as the City of Fort Oglethorpe.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1467. By Representative Mobley of the 64th: A bill to provide a new charter for the Town of Carl.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1492.

By Representatives McBee of the 68th, Clark of the 13th, Powell of the 13th and Thurmond of the 67th:
A bill to amend an Act establishing a City Court in the County of Clarke, now known as the State Court of Athens-Clarke County, so as to change the compensation of the solicitor 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 ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Representatives Ladd of the 44th, Wilder of the 21st, Morsberger of the 62nd and Mills of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

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

SB 490. By Senator Timmons of the llth:
A bill to amend Code Section 44-3-135 of the Official Code of Georgia Annotated, relating to filing fees, updated filing documents, change of ownership, and minimum size requirements of cemeteries with respect to preneed dealers and cemeteries under the "Georgia Cemetery Act of 1983," so as to change the provisions relating to minimum size requirements.

FRIDAY, FEBRUARY 7, 1992

437

SB 516. By Senators Henson of the 55th, Ramsey of the 54th, Huggins of the 53rd and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to place certain restrictions on acceptance of a plea of nolo contendere.

SB 524. By Senators Steinberg of the 42nd, Deal of the 49th, Garner of the 30th 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 additional penalty assessments for violations of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs; to amend Code Section 17-15-10 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Crime Victims Emergency Fund, so as to provide moneys for such fund.

SB 525. By Senators Collins of the 17th, Newbill of the 56th and Edge of the 28th:
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 with respect to the prosecution of traffic offenses, so as to provide that in any case where a defendant charged with a violation of Code Section 40-6-391 has requested a trial by jury and has been bound over to a court in the county having jurisdiction to try and shall not be subject to a plea bargain.

SB 528. By Senator Edge 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 the designation of the chemical test to be administered to determine whether a driver is under the influence of alcohol or drugs.

SB 542. By Senators Deal of the 49th, Dawkins of the 45th and Thompson of the 33rd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which applications for appeal are required, so as to provide that such procedures for appeal shall not apply to child custody

SB 555. By Senators Dean of the 31st and Perry of the 7th:
A bill to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans' drivers' licenses, so as to clarify the requirements for a veteran's license.
SB 567. By Senators Walker of the 43rd and Garner of the 30th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office.

438

JOURNAL OF THE HOUSE,

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

HB 408. By Representatives Martin of the 26th, Parham of the 105th, Ware of the 77th, Holmes of the 28th, Porter of the 119th and others:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to permit psychologists to perform certain acts which physicians may perform in the examination, evaluation, admission, treatment, habilitation, detention, and discharge of and other functions relating to mentally ill, mentally retarded, and alcoholic and drug dependent persons; to provide patients and clients with the ability to secure the services of a private psychologist.

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

HR 757. By Representatives Poston of the 2nd, Parham of the 105th and Davis of the 29th:
A resolution commending the Atlanta Chapter of the Juvenile Diabetes Foundation International.

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

SB 490. By Senator Timmons of the llth:
A bill to amend Code Section 44-3-135 of the Official Code of Georgia Annotated, relating to filing fees, updated filing documents, change of ownership, and minimum size requirements of cemeteries with respect to preneed dealers and cemeteries under the "Georgia Cemetery Act of 1983," so as to change the provisions relating to minimum size requirements.
Referred to the Committee on Industry.

SB 516. By Senators Henson of the 55th, Ramsey of the 54th, Huggins of the 53rd and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to place certain restrictions on acceptance of a plea of nolo contendere.
Referred to the Committee on Motor Vehicles.

SB 524. By Senators Steinberg of the 42nd, Deal of the 49th, Garner of the 30th 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 additional penalty assessments for violations of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs; to amend Code Section 17-15-10 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Crime Victims Emergency Fund, so as to provide moneys for such fund.
Referred to the Committee on Motor Vehicles.

FRIDAY, FEBRUARY 7, 1992

439

SB 525. By Senators Collins of the 17th, Newbill of the 56th and Edge of the 28th:
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 with respect to the prosecution of traffic offenses, so as to provide that in any case where a defendant charged with a violation of Code Section 40-6-391 has requested a trial by jury and has been bound over to a court in the county having jurisdiction to try and shall not be subject to a plea bargain.
Referred to the Committee on Judiciary.

SB 528. By Senator Edge 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 the designation of the chemical test to be administered to determine whether a driver is under the influence of alcohol or drugs.
Referred to the Committee on Motor Vehicles.
SB 542. By Senators Deal of the 49th, Dawkins of the 45th and Thompson of the 33rd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which applications for appeal are required, so as to provide that such procedures for appeal shall not apply to child custody cases.
Referred to the Committee on Judiciary.

SB 555. By Senators Dean of the 31st and Perry of the 7th:
A bill to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans' drivers' licenses, so as to clarify the requirements for a veteran's license.
Referred to the Committee on Motor Vehicles.

SB 567. By Senators Walker of the 43rd and Garner of the 30th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office.
Referred to the Committee on Legislative & Congressional Reapportionment.

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:

HB 1156.

By Representatives Streat of the 139th, Twiggs of the 4th, Dobbs of the 74th, Dover of the llth, Coleman of the 118th and others:
A bill to amend Code Section 16-11-100 of the Official Code of Georgia Annotated, relating to the offense of failing to remove the lid, door, or locking device from certain abandoned, unattended, or discarded containers, so as to define the offense of leaving in a place accessible to children a motor vehicle which cannot easily be opened from the inside; to amend Code Section 43-48-11 of the Official Code of Georgia Annotated, relating to investigation of complaints, so as to provide for the suspension, revocation, or refusal to renew such license.

440

JOURNAL OF THE HOUSE,

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

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck
Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Y Chambless Y Cheeks
Childers

Y Clark.E Y Clark.L Y Coker
Coleman Colwell Y Connell Y Culbreth Y Cummings,B Cummings,M Y Davis.D Y Davis.G Davis,M Y Dixon.H
Dixon.S Y Dobbs
Y Dover Dunn Edwards
Y Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd.J.W Y Flynt
Godbee Y Golden
Good win E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Jenkins Y Jones Kilgore
YKing Kingston
Y Klein Ladd
Y Lane.D Lane.R
Y Langford Y Lawrence Y Lawson
YLee Y Long YLord
Lucas YMann
Martin Y McBee
Y McCoy McKelvey
Y McKinney.B McKinney.C
Y Meadows Merritt Milam

Mills Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C
01iver,M YOrr Y Orrock Y Padgett
Parham Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston YPoag Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Smyre Y Snow
Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor
Y Teper Thomas,C Thomas,M
Y Thomas.N Thurmond
Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R
Y Yeargin Murphy,Spkr

On the motion, the ayes were 129, nays 0. The motion prevailed.

Representatives Ladd of the 44th and Mills of the 20th 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 again taken up for consideration:

HB 1156.

By Representatives Streat of the 139th, Twiggs of the 4th, Dobbs of the 74th, Dover of the llth, Coleman of the 118th and others:
A bill to amend Code Section 16-11-100 of the Official Code of Georgia Annotated, relating to the offense of failing to remove the lid, door, or locking device from certain abandoned, unattended, or discarded containers, so as to define the offense of leaving in a place accessible to children a motor vehicle which cannot easily be opened from the inside; to amend Code Section 43-48-11 of the Official Code of Georgia Annotated, relating to investigation of complaints, so as to provide for the suspension, revocation, or refusal to renew such license.

The following Committee substitute was read:

A BILL
To amend Code Section 16-11-100 of the Official Code of Georgia Annotated, relating to the offense of failing to remove the lid, door, or locking device from certain abandoned,

FRIDAY, FEBRUARY 7, 1992

441

unattended, or discarded containers, so as to define the offense of leaving in a place accessible to children a motor vehicle which cannot easily be opened from the inside; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-11-100 of the Official Code of Georgia Annotated, relating to the offense of failing to remove the lid, door, or locking device from certain abandoned, unattended, or discarded containers, is amended by striking Code Section 16-11-100 in its entirety and substituting in lieu thereof the following Code section:
"16-11-100. (a) A person is guilty of a misdemeanor when h that person leaves in any place accessible to children any abandoned, unattended, or discarded container which has a compartment of more than 1 V-z cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside, without first removing the lid, door, or locking device from such container.
(b) A person is guilty of a misdemeanor when that person leaves in any place accessible to children any abandoned, unattended, or discarded motor vehicle which does not have at least one door which can easily be opened from the inside or one door or window which has been removed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Streat of the 139th and Groover of the 99th move to amend the Committee substitute to HB 1156 as follows:
Strike from line 26 page 1 the words:
"unattended,"

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 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

HR 653. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Taylor of the 94th, Harris of the 96th and others:
A resolution designating the Samuel Frank Morast, Jr., 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 103, 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 State Planning & Community Affairs and referred to the Committee on Ways & Means.

442

JOURNAL OF THE HOUSE,

HB 1536.

By Representative Lane of the 27th:
A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to levy of license, occupation, or professional tax by counties and municipalities in general, so as to provide that such fees shall not exceed $200.00 per year.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on Governmental Affairs.

HB 1369.

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 require additional information on certain lists of electors; to authorize certain absentee electors to make applications for absentee ballots by facsimile transmission.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on Governmental Affairs.

HB 1372. By Representatives Holmes of the 28th and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise certain duties of the State Election Board.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Transportation and referred to the Committee on State Planning & Community Affairs.

HB 1469.

By Representatives Alford of the 57th and Oliver of the 53rd:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to exclude certain nonrecurring costs from the definition of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Transportation and referred to the Committee on State Planning & Community Affairs.

HB 1471.

By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public transportation, so as to prohibit the sale, making, or possession of any altered coin, note, token, transaction card, or similar article to gain entry to a public transit terminal or vehicle and to prohibit the sale or exchange of any transit token, card, or similar article without the consent of certain public transit agencies.

Representative Lane of the 27th arose to a point of personal privilege and addressed the House.

FRIDAY, FEBRUARY 7, 1992

443

Representative Lee of the 72nd assumed the Chair.

Representative Murphy of the 18th arose to a point of a personal privilege and addressed the House.

The Speaker assumed the Chair.

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

HB 1565. By Representatives Murphy of the 18th, McKinney of the 35th, Lucas of the 102nd, Elliott of the 103rd, Edwards of the 112th 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, so as to provide that certain persons who accept a reportable campaign contribution during a legislative session shall report such contribution on the first day of the month following such contribution.
Referred to the Committee on Governmental Affairs.

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

HB 1294.

By Representatives Carrell of the 65th, Porter of the 119th, Mobley of the 64th, Dobbs of the 74th and Stancil of the 66th:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to regulation of aeronautics, aircraft, and airports, so as to provide for the offense of homicide by aircraft.

The report 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 1276.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for income deduction for the payment of accident and sickness insurance if a court order for child support includes provision for such coverage.

By unanimous consent, further consideration of HB 1276 was postponed until Monday, February 10, 1992, immediately following the period of unanimous consents.

HB 1277.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that certain information filed in conjunction with birth certificates or information recorded in the putative father registry shall be admissible in proceedings to determine paternity and shall establish a prima-facie case of establishment of paternity.

444

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that certain information entered on a birth certificate or recorded in the putative father registry shall be admissible in proceedings to determine paternity and shall establish a prima-facie case of establishment of paternity; to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of the duty of support, so as to establish within the Department of Human Resources a putative father registry; to provide for the recording of certain information with the putative father registry; to provide procedures for the revocation of information recorded with the registry; to provide that information recorded with the registry shall be available to certain governmental entities for the purpose of establishing or enforcing a child support obligation; to provide for matters relative to the foregoing; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, is amended by adding immediately following Code Section 19-7-46, relating to evidence at trial, a new Code Section 19-7-46.1 to read as follows:
"19-7-46.1. (a) The appearance of the name or social security account number of the father, entered with his written consent, on the certificate of birth or a certified copy of such certificate or records on which the name of the alleged father was entered with his written consent from the vital records department of another state or the registration of the father, entered with his written consent, in the putative father registry of this state, pursuant to subsection (d) of Code Section 19-11-9, shall constitute a prima-facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such in a proceeding for the determination of paternity.
(b) This Code section shall be applicable to any petition to establish the paternity of a child filed on or after July 1, 1992."
Section 2. Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the enforcement of the duty of support, is amended by striking Code Section 19-11-9, relating to the location of absent parents by the Department of Human Resources, in its entirety and inserting in its place a new Code Section 19-11-9 to read as follows:
"19-11-9. (a) The department shall attempt to locate absent parents. (b) The department is to serve as a registry for the receipt of information which directly relates to the identity or location of absent parents, to assist any governmental agency or department in locating an absent parent, to answer interstate inquiries concerning deserting parents, to coordinate and supervise any activity on a state level in search for an absent parent, and to develop guidelines for coordinating activities of any governmental department, board, commission, bureau, or agency in providing information necessary for location of absent parents and is to process all requests received from an initiating county or an initiating state which has adopted the Uniform Reciprocal Enforcement of Support Act. (c) In order to carry out the responsibilities imposed under this article, the department may request information and assistance from any governmental department, board, commission, bureau, or agency in locating the absent parents of children for whom the department has assignment of child support rights. The commissioner of human resources or his duly authorized representative shall be entitled to have access to all pertinent information which is within the custody of any governmental department, board, commission, bureau, or agency, including, but not limited to, income tax information contained in any report or return required under Articles 1 through 6 of Chapter 7 of Title 48 by the Department of Revenue, including information from federal income tax returns required to be included as a part of any state report or return, which

FRIDAY, FEBRUARY 7, 1992

445

information but for this Code section would not be subject to disclosure pursuant to Code Section 48-7-60 and which is relative to such parents' location, income, or property, provided that any tax information secured from the federal government by the Department of Revenue, pursuant to the express provisions of Section 6103 of the Internal Revenue Code, may not be disclosed by that department pursuant to this subsection. Any person receiving any tax information or tax returns under the authority granted in this subsection shall be considered either an officer or employee as those terms are used in subsection (a) of Code Section 48-7-60; and, as such an officer or employee, any person receiving any tax information or returns under the authority of this Code section shall be subject to Code Section 48-7-61, relating to the sanctions to be imposed for the unauthorized disclosure of confidential material.
(d) (1) There is established within the department a putative father registry. The putative father registry shall record the name, address, and social security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court of competent jurisdiction.
(2) Information supplied to the registry may be revoked by a written statement which is signed and acknowledged by the registrant before a notary public. The statement must include a declaration that, to the best of his knowledge and belief, the registrant is not the father of the named child or that a court has adjudicated paternity and someone other than the registrant has been determined to be the father of the child. Revocation shall only be effective after the birth of the child. {d} (e) The information which is obtained by the department shall only be available to a governmental department, board, commission, bureau, agency, or political subdivision of any state for purposes of locating an absent parent or putative father to establish or to enforce his obligation of support, of enforcing a child custody determination, or of enforcing any state or federal law with respect to the unlawful taking or restraint of a child."
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 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1387. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, so as to authorize the establishment and operation of programs of volunteer services to the department to facilitate, amplify, or supplement the objectives and functions of the department on publicly owned or operated and not privately owned or operated lands and property.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

446

JOURNAL OF THE HOUSE,

HB 1388. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to repeal the "Facade and Conservation Easements Act of 1976"; to enact the "Georgia Uniform Conservation Easement 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:

Abernathy Y Adams N Aiken Y Alford N Ashe N Atkins Y Baker
Balkcom Barfoot Bargeron Y Barnett.B N Barnett,M Y Bates N Beatty Y Benefield Birdsong Y Blitch Y Bordeaux Bostick Branch N Breedlove Y Brooks Brown N Brush Y Buck Y Buckner
Y Byrd Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M
Y Davis.D Davis.G
N Davis.M
Y Dixon.H Dixon.S
Y Dobbs Y Dover
N Dunn Edwards
N Elliott Felton
Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin E Green
Y Greene N Griffin Y Groover
Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris,J

Heard Y Henson
Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore YKing Y Kingston Y Klein NLadd Y Lane.D
Lane.R N Langford N Lawrence Y Lawson
Y Lee YLong
Lord Y Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney,C N Meadows Merritt Y Milam

Mills
Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry N Pettit
Pinholster Y Pinkston NPoag Y Porter
Poston Y Powell.A N Powell.C N Presley Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Sinkfield

Y Skipper Y Smith.L
Smith.P
Y Smith.T N Smith.W Y Smyre
Snow Y Stancil.F N Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N
Thurmond Y Titus N Tolbert
Townsend Y Turnquest
Twiggs Y Valenti N Vaughan
Y Walker.J Y Walker.L
Y Wall Y Watson Y Watts
White N Wilder Y Williams.B
Williams.J N Williams.R
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 110, nays 28. The Bill, having received the requisite constitutional majority, was passed.

HB 631. By Representatives Twiggs of the 4th, Jenkins of the 80th, Mobley of the 64th and Colwell of the 4th:
A bill to amend Code Section 35-8-9 of the Official Code of Georgia Annotated, relating to completion of the basic training course required under the "Georgia Peace Officer Standards and Training Act," so as to change the time within which a candidate is required to complete the basic training course after his appointment as a peace officer.

The following Committee substitute was read and adopted:

FRIDAY, FEBRUARY 7, 1992

447

A BILL
To amend Code Section 35-8-9 of the Official Code of Georgia Annotated, relating to completion of the basic training course required under the "Georgia Peace Officer Standards and Training Act," so as to change the time within which a candidate is required to complete the basic training course after his appointment as a peace officer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-8-9 of the Official Code of Georgia Annotated, relating to completion of the basic training course required under the "Georgia Peace Officer Standards and Training Act," is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to complying with the preemployment standards as set forth in Code Section 35-8-8, each and every candidate shall satisfactorily complete a basic training course within Hi six months of the date of his appointment as a peace officer; however, an extension of the 12 six months' time limit may be granted by the council upon the presentation of evidence by a department head that a candidate was unable to complete the basic course due to illness, injury, military service, or other reasons deemed sufficient by the council. Any extension shall not exceed three months in duration."
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 115, nays 1.
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 784. By Representative Heard of the 43rd:
A resolution inviting Mr. Alfred DelliBovi, Deputy Secretary of the United States Department of Housing and Urban Development (HUD), to appear before the House of Representatives.

HR 785. By Representative Murphy of the 18th:
A resolution commending the Bremen High School Blue Devils softball team and inviting the members of the team and the coaching staff to appear before the House of Representatives.

The following Resolution of the House was read:

HR 830. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th and Lee of the 72nd

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, February 7, 1992, and shall reconvene on Monday, February 10, 1992.

448

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on February 10 may be as ordered by the Senate; and the hour for convening the House on February 10 may be as ordered by the House.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Y Balkcom Barfoot
Y Bargeron Y Barnett.B Y Barnett.M
Bates Y* Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Y Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon,S Y Dobbs
Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris.J

Y Heard Henson
Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson YLee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy
Y McKelvey McKinney.B McKinney,C
Y Meadows Merritt Milam

Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Sinkfield

Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W
Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L
Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, the ayes were 149, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. By unanimous consent, HR 830 was ordered immediately transmitted to the Senate.

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

HB 1325.

By Representative Dixon of the 151st:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to official state symbols, so as to designate Pogo as the official Georgia State 'Possum.

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

The Speaker Pro Tern assumed the Chair.

FRIDAY, FEBRUARY 7, 1992

449

HR 713. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the J. E. "Ted" McTyre 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 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

Representative Griffin of the 6th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1388.

HB 1437.

By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th and Randall of the 101st:
A bill to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, so as to authorize certain coliseum authorities to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by such authorities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 15.
The Bill, having received the requisite constitutional majority, was passed.

HB 1362.

By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to provide that the governing authority of any county may contract with the governing authority of any municipality within the county for the county to furnish municipal court services through its state court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1234.

By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.

450

JOURNAL OF THE HOUSE,

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

HR 782. By Representatives Childers of the 15th, Lane of the 27th, Vaughan of the 20th, Hudson of the 117th and Clark of the 13th:
A resolution urging the licensed physicians of the State of Georgia to perform certain tests for the early detection of prostate cancer.
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 Abernathy Y Adams Y Aiken Y Alford Y Ashe
Y Atkins Y Baker
Y Balkcom Y Barfool Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beany
Y Benetield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown
Brush YBuck Y' Buckner
YByrd Y Campbell Y Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y' Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson Y Lee
Long YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C
Y Meadows Merritt
Y Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding
Y Ricketson Y Royal
Y Selman Y Sherrill
Simpson Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T
Smith.W Smyre YSnow Stancil.F Y Stancil.S Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R
Y Yeargin Y Murphy.Spkr

On the adoption of the Resolution, the ayes were 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

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

HR 830. By Representatives Cummings of the 17th, Connell of the 87th, Walker of the 115th, Groover of the 99th and Lee of the 72nd:
A resolution relative to adjournment.

FRIDAY, FEBRUARY 7, 1992

451

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

SB 566. By Senators Walker of the 43rd and Garner of the 30th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide when the Senators elected shall take office.

Representative Poag of the 3rd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1437.

The following Resolutions of the House were read and adopted:

HR 828. By Representatives Bordeaux of the 122nd, McBee of the 68th and Mills of the 20th:
A resolution declaring the month of October, 1992, as "Georgia Gerontology Month".

HR 834. By Representatives Alford of the 57th, Oliver of the 53rd, Dobbs of the 74th, Heard of the 43rd and Watson of the 114th:
A resolution recognizing the contributions of the engineering profession in Georgia and declaring February 11, 1992, as "Engineers Day" in Georgia.

HR 833. By Representatives Lucas of the 102nd, Lee of the 72nd, Murphy of the 18th, Groover of the 99th, Connell of the 87th and others:
A resolution commending and recognizing the 1991 Atlanta Falcons.

HR 832. By Representative Dixon of the 151st:
A resolution honoring Mr. George Lovett Cox on the occasion of his retirement.

Pursuant to HR 830, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 10, 1992.

452

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 10, 1992

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 Ashe Atkins
Baker Balkcom Bargeron Barnett,B Harriett.M Bates Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brooks Buck Buckner Byrd Carrell Carter Chafin
Chambless

Cheeks Clark.E Clark.L Coker
Coleman
Colwell
Culbreth
Cummings,B
Davis.G
Dixon.S
Dover
Dunn Edwards Floyd.J.M
Floyd.J.W Flynt Godbee Golden Greene Griffin
Groover Hamilton Hammond Harris.B
Harris.J Heard

Henson
Hudson
Irwin Jackson Jamieson
Jenkins
Jones Kilgore King
Kingston
Klein Lane.D Lane.R Langford
Lawrence
Lawson
Lee
Long
Lord
Lucas
Mann McBee McCoy McKelvey Meadows Merritt

Milam Mobley Morsberger Oliver.C Oliver.M
Padgett Parham Parrish Patten Pelote Pettit Pinholster Pinkston Poag
Porter Powell.A Powell.C Presley Purcell Randall Reaves Ricketson Royal Selman Sherrill Sinkfield

Skipper
Smith.L
Smith,P
Smith.T
Smith.W
Snow
Stand!,F Streat Taylor Thomas.N Tolbert
Turnquest
Twiggs Valenti Vaughan Walker.J Walker.L Wall
Watson
Watts
White
Wilder
Williams.B
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Prayer was offered by Dr. Charles Q. Carter, Pastor, First Baptist Church, Jonesboro, Georgia.

The members pledged allegiance to the flag.

The following members were off the floor of the House when the roll was called:
Representatives Brown of the 88th, Perry of the 5th, Holmes of the 28th, Davis of the 45th, Campbell of the 23rd, Thomas of the 31st, Felton of the 22nd, Townsend of the 24th, Moody of the 153rd, Holland of the 136th, Stancil of the 8th, McKinney of the 35th, McKinney of the 40th, Stanley of the 33rd, Ray of the 98th, Dobbs of the 74th, Cauthorn of the 20th, Orrock of the 30th, Poston of the 2nd, Goodwin of the 63rd, Thomas of the 69th, Childers of the 15th, Connell of the 87th, Brown of the 88th, Brush of the 83rd, Williams of the 90th, Hanner of the 131st, Howard of the 85th, Orr of the 9th, Titus of the 143rd, Barfoot of the 120th, Dixon of the 151st, Canty of the 38th, Mueller of the 126th, Moultrie of the 93rd, Aiken of the 21st, Teper of the 46th, Simpson of the 70th, Herbert of the 76th and Mills of the 20th.

They wish to be recorded as present.

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.

MONDAY, FEBRUARY 10, 1992

453

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 1566. By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of barbers, so as to delete certain provisions relating to barber students.
Referred to the Committee on Health and Ecology.

HB 1567. By Representatives Oliver of the 121st, Floyd of the 154th, Purcell of the 129th, Mueller of the 126th and Smith of the 156th:
A bill to amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1568. By Representatives Oliver of the 121st, Floyd of the 154th, Purcell of the 129th, Mueller of the 126th and Smith of the 156th:
A bill to amend an Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this state having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1569. By Representatives Floyd of the 154th and Purcell of the 129th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to include within such exemptions certain persons.
Referred to the Committee on Special Judiciary.

454

JOURNAL OF THE HOUSE,

HB 1570. By Representatives Parham of the 105th and Watts of the 41st:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide an exception to the requirement that vehicles transporting etiologic agents be distinctively marked.
Referred to the Committee on Motor Vehicles.

HB 1571. By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of cosmetology, so as to delete certain provisions requiring the licensure of certain students.
Referred to the Committee on Health & Ecology.

HB 1572. By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of psychologists, so as to change the termination date of and to continue the State Board of Examiners of Psychologists and the laws relating to such board.
Referred to the Committee on Health & Ecology.

HB 1573. By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of nursing home administrators, so as to provide for an additional ex officio member of the State Board of Nursing Home Administrators.
Referred to the Committee on Health & Ecology.

HB 1574. By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physical therapists, so as to provide for the comprehensive revision of said chapter.
Referred to the Committee on Health & Ecology.

HB 1575. By Representatives Snow of the 1st, Mobley of the 64th, Heard of the 43rd, Padgett of the 86th, Dobbs of the 74th and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for timely payments to contractors, subcontractors, and suppliers.
Referred to the Committee on Industry.

HB 1576. By Representatives Atkins of the 21st, Vaughan of the 20th, Coker of the 21st, Klein of the 21st and Clark of the 20th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require physicians and surgeons to inform certain surgery patients regarding blood transfusions by means of a standardized written summary.
Referred to the Committee on Health & Ecology.

MONDAY, FEBRUARY 10, 1992

455

HB 1577. By Representatives Lawrence of the 49th, Alford of the 57th, Redding of the 50th, Valenti of the 52nd, Oliver of the 53rd and others:
A bill to amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of DeKalb County and creating a chairman and board of commissioners of roads and revenues for DeKalb County, so as to provide for the new reapportioned districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1578. By Representatives Groover of the 99th, Lucas of the 102nd, Pinkston of the 100th, Elliott of the 103rd and Randall of the 101st:
A bill to approve the transfer of the intake and probation services of the Juvenile Court of Bibb County to the Department of Human Resources to become a part of the state-wide juvenile intake and probation services and fully funded through the department.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1579. By Representatives Morsberger of the 62nd, Buckner of the 72nd, Ashe of the 25th, Felton of the 22nd, Mueller of the 126th and others:
A bill to amend Code Section 21-2-413 of the Official Code of Georgia Annotated, relating to requirements as to conduct of voters, campaigners, and others at polling places generally, and to amend Code Section 21-3-320 of the Official Code of Georgia Annotated, relating to conduct of voters, campaigners, and others at polling places, so as to permit any elector to be accompanied by such elector's minor child or minor children into the enclosed area and into a voting compartment or voting machine booth.
Referred to the Committee on Governmental Affairs.

HB 1580. By Representatives Orrock of the 30th, Mills of the 20th and Oliver of the 53rd:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide that certain undertakings will constitute the practice of podiatry.
Referred to the Committee on Health & Ecology.

HB 1581. By Representatives Clark of the 13th and Powell of the 13th:
A bill to provide for homestead exemptions from Franklin County ad valorem taxes for county purposes and from Franklin County School District ad valorem taxes for educational purposes for certain residents of that county and school district.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1582. By Representatives Barnett of the 10th, Par ham of the 105th and Harris of the 84th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses, so as to restrict solicitations for driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs.
Referred to the Committee on Motor Vehicles.

456

JOURNAL OF THE HOUSE,

HB 1583. By Representative Barnett of the 10th:
A bill to amend Code Section 46-5-136 of the Official Code of Georgia Annotated, relating to the authority of local government to create an advisory board in connection with the establishment of an emergency telephone number "911" system, so as to require the creation of an advisory board.
Referred to the Committee on Industry.

HB 1584. By Representatives McBee of the 68th, Clark of the 13th and Powell of the 13th:
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 make an appeal bond discretionary for persons convicted of driving under the influence of alcohol or drugs under Code Section 40-6-391.
Referred to the Committee on Special Judiciary.

HB 1585. By Representatives Holland of the 136th, Culbreth of the 97th, Martin of the 26th, Skipper of the 116th and Adams of the 79th:
A bill to amend Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to judgment liens, so as to provide that when a bona fide purchaser has been in possession of real property for four years, such property shall be discharged from the lien of any judgment against the seller or any predecessor in title.
Referred to the Committee on Judiciary.

HB 1586. By Representatives Holland of the 136th, Jenkins of the 80th, Skipper of the 116th and Adams of the 79th:
A bill to amend Part 2 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to reversion of certain interests in real property, so as to provide that the title to real property conveyed to secure a debt shall revert to the grantor at the expiration of ten years from the maturity of the debt.
Referred to the Committee on Judiciary.

HB 1587. By Representatives Holland of the 136th, Jenkins of the 80th, Adams of the 79th, Poston of the 2nd, Skipper of the 116th and others:
A bill to amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating to the requirement that the owner or operator of a motor vehicle keep proof of insurance in the vehicle, so as to require that such proof contain certain information.
Referred to the Committee on Motor Vehicles.

HB 1588. By Representatives Holland of the 136th, Streat of the 139th, Skipper of the 116th and Adams of the 79th:
A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, relating to the failure to attach and display certain decals to mobile homes, so as to provide that any person who moves or transports a mobile home which does not display a certain decal shall provide the tax collectors in certain counties with certain information.
Referred to the Committee on Ways & Means.

MONDAY, FEBRUARY 10, 1992

457

HB 1589. By Representatives Holland of the 136th, Streat of the 139th, Adams of the 79th, Skipper of the 116th, Culbreth of the 97th and others:
A bill to amend Code Section 16-8-7 of the Official Code of Georgia Annotated, relating to theft by receiving stolen property, so as to provide that the receipt, disposal, or retention of any stolen tickets of admission to certain athletic events purchased at a price in excess of $3.00 over the face value of such tickets shall not constitute theft by receiving stolen property.
Referred to the Committee on Special Judiciary.
HB 1590. By Representatives Holland of the 136th, Jenkins of the 80th, Adams of the 79th, Skipper of the 116th, Culbreth of the 97th and others:
A bill to amend Code Section 40-5-26 of the Official Code of Georgia Annotated, relating to applications of minors for a motor vehicle instruction permit or driver's license and distinctive licenses for persons under 21 years of age, so as to provide that if a minor has been issued a permit or license upon an application signed and verified by a parent or guardian, any subsequent application for a permit or license shall not require such signature and verification.
Referred to the Committee on Motor Vehicles.
HB 1591. By Representative Cauthorn of the 20th:
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 an exhibit tendered as evidence to a court in a civil or criminal trial shall not be open to inspection by the public.
Referred to the Committee on Judiciary.
HB 1592. By Representative Cauthorn of the 20th:
A bill to amend Chapter 6, 7, and 10 of Title 15 of the Official Code of Georgia Annotated, relating respectively to superior courts, state courts of counties, and magistrate courts, so as to provide that the clerks of said courts shall invest or deposit certain funds paid into court into interest-bearing trust accounts for the benefit of one or more parties to the action in certain circumstances.
Referred to the Committee on Judiciary.

HB 1593. By Representative Cummings of the 17th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to public retirement systems standards so as to repeal certain provisions relating to requirements for exempting bills regarding the Georgia Firemen's Pension Fund from certain provisions.
Referred to the Committee on Retirement.

HB 1594. By Representative Cummings of the 17th:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishment of creditable service in the Teachers Retirement System of Georgia by persons who have withdrawn their contributions, so as to provide that such creditable service may be reestablished a portion at a time.
Referred to the Committee on Retirement.

458

JOURNAL OF THE HOUSE,

HB 1595. By Representative Dover of the llth:
A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the examination of county tax digests, so as to provide for a three-year digest evaluation cycle.
Referred to the Committee on Ways & Means.

HR 829. By Representative Thurmond of the 67th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 831. By Representatives Oliver of the 121st, Floyd of the 154th, Byrd of the 153rd and Colwell of the 4th:
A resolution authorizing the granting of a nonexclusive easement over certain state owned real property located in Tattnall County, Georgia, and the acceptance of an easement over real property located in Tattnall County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 836. By Representatives Orrock of the 30th, Thomas of the 55th, McBee of the 68th, Thomas of the 31st, Oliver of the 53rd and others:
A resolution urging the congressional delegation of Georgia to urge Congress to amend the Federal Budget Enforcement Act of 1991.
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 1542 HB 1543 HB 1544 HB 1545 HB 1546 HB 1547 HB 1548 HB 1550 rlr> lool
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HB 1556 HB 1557
HB 1558 HB 1559
HB 1560 HB 1561

HB 1562 HB 1563 HB 1564 HB 1565 HR 815 HR 817 HR Qi Q
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SB

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SB 524

SB 525

SB 528

SB 542

SB 555

SB 567

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

MONDAY, FEBRUARY 10, 1992

459

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 1369 Do Pass HB 1371 Do Pass

HB 1374 Do Pass HB 1380 Do Pass

Respectfully submitted, /s/ Holmes of the 28th
Chairman

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

Mr. Speaker:

Your Committee on State Planning & Community Affairs - 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 1354 Do Pass HB 1355 Do Pass HB 1379 Do Pass

HB 1382 Do Pass HB 1499 Do Pass HB 1506 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 1354.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing for the election of the members of the Board of Education of Henry County from districts, so as to reapportion the districts from which members of the Board of Education of Henry County are elected.

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

HB 1355. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing a new Board of Commissioners of Henry County, so as to reapportion commissioner districts for the election 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

460

JOURNAL OF THE HOUSE,

HB 1379.

By Representative Purcell of the 129th:
A bill to amend an Act which reconstitutes the board of education of Effingham County School District, so as to provide for the election and terms of office of the members of the board; to reapportion the education districts.

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

HB 1382.

By Representative Purcell of the 129th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to reapportion the commissioner districts.

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

HB 1499.

By Representative Smith of the 78th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change provisions relating to the removal of the city administrator and relating to the acting city administrator; to change provisions relating to council interference with administration.

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

HB 1506. By Representatives Purcell of the 129th and Floyd of the 154th: A bill to provide a new charter for the City of Riceboro.

The report of the Committee, which was favorable to the passage of the Bill, was 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 10, 1992

461

SB 473. By Senator Deal of the 49th:
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 change the provisions relating to the filing of the complaint on which a warrant is issued; to provide for procedures, time limits, and requirements for the filing of complaints; to provide an effective date; to provide for applicability.

SB 484. By Senators Newbill of the 56th and Clay of the 37th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.

SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," so as to provide for a payfor-performance program for rewarding group productivity; to provide for development and implementation of the program by the State Board of Education; to provide for proposals by local schools.

SB 507. By Senators Bishop of the 15th and Foster of the 50th:
A bill to amend Code Section 20-2-150 of the Official Code of Georgia Annotated, relating to eligibility for enrollment, so as to require the social security number of any student enrolled in a public school; to require each local unit of administration to establish and implement a plan for notifying the public of the information requirement prior to the beginning of each school year; to provide for waiving this requirement.

SB 536. By Senators Turner of the 8th, Bowen of the 13th and Echols of the 6th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, the "Real Estate Appraiser Licensing and Certification Act," so as to provide that a person appraising real property exclusively for the internal use of a bank, savings and loan association, or credit union shall not be required to be licensed, certified, or registered; to provide an exception; to provide for applicability; to provide an effective date.

SB 539. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to repeal the requirement that tax collectors or tax commissioners search out taxable property not returned for taxes; to change the oath of office for tax collectors; to change the provisions relating to duties of tax collectors and tax commissioners.

SB 560. By Senator Pollard of the 24th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to correct a typographical error relative to the payment of contributions when an employing unit sells or transfers business or stock of goods; to correct a statutory reference; to delete a reference to an obsolete statute; to provide an effective date.

462

JOURNAL OF THE HOUSE,

SB 564. By Senator Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for the regulation of medicare supplement insurance; to provide definitions; to provide for the applicability and scope of the chapter; to provide standards for policy provisions; to provide authority to promulgate rules and regulations; to provide authority for the Commissioner to issue reasonable regulations to establish minimum standards for loss ratios.

HB 318. By Representative Herbert of the 76th:
A bill to amend Code Section 20-3-250.11 of the Official Code of Georgia Annotated, relating to fees and their collection, so as to change the provisions relative to fees.

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

SR 377. By Senator Kidd of the 25th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a water distribution line in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.

Representative Poag of the 3rd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1437.

By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th and Randall of the 101st:
A bill to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, so as to authorize certain coliseum authorities to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by such authorities.

Representative Poag of the 3rd moved the ayes and nays. On the motion, the ayes were 20, nays 83. The motion was lost.

On the motion to reconsider passing of HB 1437, the ayes were 25, nays 87. The motion was lost.

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

HB 1447. By Representatives Oliver of the 53rd, Cummings of the 17th, Lane of the 27th, Dixon of the 128th and Teper of the 46th:
A bill to amend Code Section 40-6-294 of the Official Code of Georgia Annotated, relating to riding on roadways and bicycle paths, so as to authorize local governing authorities to require bicycle riders to use bicycle paths under certain conditions.

MONDAY, FEBRUARY 10, 1992

463

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

SB 473. By Senator Deal of the 49th:
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 change the provisions relating to the filing of the complaint on which a warrant is issued; to provide for procedures, time limits, and requirements for the filing of complaints; to provide an effective date; to provide for applicability.
Referred to the Committee on Judiciary.

SB 484. By Senators Newbill of the 56th and Clay of the 37th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.
Referred to the Committee on Education.

SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter '2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," so as to provide for a payfor-performance program for rewarding group productivity; to provide for development and implementation of the program by the State Board of Education; to provide for proposals by local schools.
Referred to the Committee on Education.

SB 507. By Senators Bishop of the 15th and Foster of the 50th:
A bill to amend Code Section 20-2-150 of the Official Code of Georgia Annotated, relating to eligibility for enrollment, so as to require the social security number of any student enrolled in a public school; to require each local unit of administration to establish and implement a plan for notifying the public of the information requirement prior to the beginning of each school year; to provide for waiving this requirement.
Referred to the Committee on Education.

SB 536. By Senators Turner of the 8th, Bowen of the 13th and Echols of the 6th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, the "Real Estate Appraiser Licensing and Certification Act," so as to provide that a person appraising real property exclusively for the internal use of a bank, savings and loan association, or credit union shall not be required to be licensed, certified, or registered; to provide an exception; to provide for applicability; to provide an effective date.
Referred to the Committee on Banks & Banking.

464

JOURNAL OF THE HOUSE,

SB 539. By Senator Kidd of the 25th:

A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to repeal the requirement that tax collectors or tax commissioners search out taxable property not returned for taxes; to change the oath of office for tax collectors; to change the provisions relating to duties of tax collectors and tax commissioners.

Referred to the Committee on Ways and Means.
SB 560. By Senator Pollard of the 24th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to correct a typographical error relative to the payment of contributions when an employing unit sells or transfers business or stock of goods; to correct a statutory reference; to delete a reference to an obsolete statute; to provide an effective date; and for other purposes.
Referred to the Committee on Industrial Relations.
SB 564. By Senator Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for the regulation of medicare supplement insurance; to provide definitions; to provide for the applicability and scope of the chapter; to provide standards for policy provisions; to provide authority to promulgate rules and regulations; to provide authority for the Commissioner to issue reasonable regulations to establish minimum standards for loss ratios.
Referred to the Committee on Insurance.

SB 566. By Senators Walker of the 43rd and Garner of the 30th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide when the Senators elected shall take office.
Referred to the Committee on Legislative & Congressional Reapportionment.

SR 377. By Senator Kidd of the 25th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a water distribution line in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

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

MONDAY, FEBRUARY 10, 1992

465

HB 1236. By Representatives Coleman of the 118th, Edwards of the 112th, Murphy of the 18th, Buck of the 95th, Barfoot of the 120th and others:
A bill to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to provide that each county governing authority may authorize, through proper resolution or ordinance, the creation of a county police force, provided that such resolution or ordinance is approved by the qualified electors of the county voting in a special election thereon.

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

Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates N Beatty Y Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch N Breedlove
Y Brooks Y Brown
Brush Y Buck Y Buckner
Byrd Campbell
N Canty Carrell
Y Carter Y Cauthorn Y Chafin N Chambless
Cheeks Y Childers

N Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
N Elliott Felton
Y Fennel Y FloydJ.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
E Green N Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

N Heard Y Henson
Herbert Y Holland Y Holmes
Howard
Y Hudson Y Irwin N Jackson
Jamieson Y Jenkins N Jones Y Kilgore YKing Y Kingston N Klein
ELadd Y Lane.D Y Lane.R Y Langford N Lawrence N Lawson
YLee YLong
Lord Y Lucas YMann Y Martin
McBee Y McCoy Y McKelvey N McKinney,B
McKinney.C
N Meadows N Merritt
Y Milam

Y Mills Y Mobley N Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M NOrr Y Orrock
Padgett Y Parham Y Parrish Y Patten N Pelote N Perry Y Pettit N Pinholster
Pinkston YPoag
Porter Poston Y Powell.A
Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper
Y Smith.L N Smith.P
Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F
N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond
Y Titus Tolbert Townsend
Y Turnquest
Y Twiggs Y Valenti N Vaughan
Y WalkerJ Y Walker.L
Wall Y Watson Y Watts
White Y Wilder Y Williams.B N Williams.J Y Williams.R
Y Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 121, nays 29. The Bill, having received the requisite constitutional majority, was passed.

Representative Jackson of the 9th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB
1236.

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

Representatives Byrd of the 153rd and Carrell of the 65th 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.

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By unanimous consent, the following Bill of the House was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Natural Resources and Environment.

HB 1440.

By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th:
A bill to amend Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to the control of vehicle emissions, so as to broaden the application of certain requirements for emission inspection; to provide a short title.

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

SB 168. By Senators Kidd of the 25th, Walker of the 43rd, Langford of the 35th and others:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to provide for the registration and regulation of registered interior designers; to define certain terms; to designate certain Code sections as an article of Chapter 4 of Title 43; to create the State Board of Registration of Interior Designers as a division of the State Board of Architects.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to provide for the certification of registered interior designers; to define certain terms; to provide for the administration of such certification by the State Board of Architects; to provide for additional members on such board for certain purposes only with respect to the certification of registered interior designers; to provide qualifications for certification; to provide for fees; to provide for the form of certification; to prohibit registered interior designers from having a seal; to provide for applicability of this Act with respect to the practice of architecture; to provide for the applicability of other laws; to provide exceptions to the provisions of this Act; to provide for reciprocity under certain conditions; to prohibit the use of the title "registered interior designer" unless a person has a certificate of registration; to provide for conditions of effectiveness; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, is amended by striking the word "chapter" wherever the same appears in Code Sections 43-4-10, 43-4-11, 43-4-13, 43-4-14, 43-4-16, and 43-4-17 and inserting in lieu thereof the word "article".
Section 2. Said chapter is further amended by designating present Code Sections 43-4-1 through 43-4-18 as Article 1 of said Chapter 4 and by adding at the end thereof a new Article 2 to read as follows:
"ARTICLE 2
43-4-30. As used in this article, the term 'registered interior designer' means a person registered under this article as being qualified by education, experience, and examination to use the title 'registered interior designer.' In general, an interior designer performs services including preparation of documents relative to nonload-bearing interior construction, furnishings, fixtures, and equipment.

MONDAY, FEBRUARY 10, 1992

467

43-4-31. (a) The State Board of Architects shall grant certificates and administer the provisions of this article, except that, for the purposes of this article, there shall be two additional members of the board, each of whom shall be appointed by the Governor. The two additional members shall have been interior designers for at least ten years immediately preceding their appointment and shall have passed an examination approved by the board. The Governor shall appoint such additional members for terms of office beginning on the effective date of this article with one member appointed for an initial term of four years and the other member for an initial term of five years and until their successors are appointed and qualified. Successors shall be appointed for terms of five years and until their successors are appointed and qualified. A vacancy in the office of any such additional member shall be filled by appointment of the Governor for the unexpired term. The appointment of such additional members by the Governor shall be subject to confirmation by the Senate as provided in Code Section 43-1-16.
(b) The two additional members provided for in subsection (a) of this Code section shall be full voting members of the board only for the purposes of this article.
(c) The board shall keep a registry of registered interior designers. 43-4-32. (a) Any person wishing to use the title 'registered interior designer' shall apply to the board for a certificate of registration as a registered interior designer. (b) Each applicant for certification as a registered interior designer shall meet the
following requirements: (1) Is at least 21 years of age;
(2) Has submitted a completed application as required by the board;
(3) Has submitted the fees required by the board; (4) Provides proof of having passed the examination promulgated by the National Council for Interior Design Qualification or an examination approved by the board;
and (5) Except as otherwise provided in subsection (c) of this Code section, provides
proof that the applicant has acquired a minimum four-year degree or first professional
degree conferred by a college or university whose program is accredited by the National Architectural Accrediting Board or by another national or regional accredit-
ing organization recognized by the board in a program of study in architecture or in a program of study in interior design approved by the Foundation for Interior Design Research or in a substantially equivalent program of study approved by the board.
(c) The examination requirement specified in paragraph (4) of subsection (b) of this Code section shall be waived by the board for two years after the effective date of this article for any applicant who:
(1) Provides proof satisfactory to the board that the applicant has been an interior designer for at least ten years immediately prior to the date of the application; and
(2) Passes an examination approved by the board on life safety and accessibility
codes, which examination is passed within 12 months prior to the application for a certificate of registration. (d) A certificate of registration as a registered interior designer shall be valid for two
years and shall be renewed biennially. An applicant for renewal of a certificate of registration shall pay a renewal fee and shall meet such continuing education requirements
as the board may require by rule or regulation. The continuing education requirements shall not exceed 40 hours biennially.
43-4-33. (a) The board shall prescribe the form of a certificate of registration as a registered interior designer issued pursuant to the provisions of this article. The certificate shall have placed thereon the seal of the State Board of Architects.
(b) A registered interior designer shall not be authorized to have a separate seal and the seal of the State Board of Architects shall not be applied to drawings or other docu-
ments prepared by registered interior designers, provided that the foregoing shall not prohibit any registered architect who has reviewed or supervised the preparation of
drawings or other documents prepared by a registered interior designer from applying his or her seal to such drawings or other documents.
43-4-34. (a) Nothing in this article shall be construed as amending or in any manner affecting the definition of or practice of architecture as provided in Code Sections 43-4-1 and 43-4-14.

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(b) Nothing in this article shall be construed as prohibiting an architect from practicing interior design, provided that an architect shall not use the title 'registered interior designer" unless the architect has been granted a certificate of registration under this article.
(c) Nothing in this article shall be construed as prohibiting or restricting the practice or activities of an interior decorator or individual offering interior decorating services, including, but not limited to, selection of surface materials, window treatments, wall coverings, paint, floor coverings, and lighting fixtures.
43-4-35. For the purposes of this article, all the powers and duties provided in Chapter 1 of Title 43 apply, including but not limited to the authority to sanction or deny registration as provided for applicants and licensees in Code Section 43-1-19.
43-4-36. Any person who has been certified or registered as an interior designer in another state or foreign country may be issued a certificate of registration by the board to use the title 'registered interior designer,' provided that such person demonstrates to the satisfaction of the board that he meets the requirements for registration in this state.
43-4-37. (a) It shall be unlawful for any person to use the title 'registered interior designer' unless that person has been issued a certificate of registration as a registered interior designer as provided in this article.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor."
Section 3. This Act shall become effective only when the funds necessary to carry out its purposes are specifically appropriated by the General Assembly.
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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot
Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown Brush Buck Y Buckner Y Byrd N Campbell Y Canty Y Carrell Y Carter
Y Cauthorn Y Chafin

N Chambless
Cheeks N Childers N Clark.E Y Clark.L
Coker N Coleman
Colwell Connell Culbreth Y Cummings,B Cummings,M N Davis.D Y Davis.G Davis.M Y Dixon,H Dixon.S
Dobbs Y Dover Y Dunn
Edwards N Elliott
Felton Y Fennel
Y Floyd,J.M Y Floyd.J.W
Y Flynt Y Godbee N Golden Y Goodwin E Green Y Greene N Griffin

Y Groover N Hamilton
Y Hammond Manner
Y Harris.B
Harris.J Y Heard Y Henson N Herbert Y Holland Y Holmes
Howard Y Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins
N Jones Y Kilgore
King Y Kingston
Y Klein ELadd
Y Lane.D Y Lane.R N Langford Y Lawrence N Lawson YLee
Long Lord Y Lucas N Mann

Y Martin Y McBee
Y McCoy Y McKelvey
McKinney,B McKinney.C Meadows Y Merritt Y Milam Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock
Padgett Y Parham N Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
N Poag Porter
Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell
Randall
YRay Y Reaves
Redding N Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Smith.W Smyre Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Taylor Y Teper Y Thomas.C Thomas.M Y Thomas.N Thurmond N Titus Tolbert
Townsend N Turnquest

MONDAY, FEBRUARY 10, 1992

469

Y Twiggs Y Valenti Y Vaughan

Y Walker,,! Y Walker.L Y Wall

Y Watson Y Watts
White

Y Wilder Y Williams.B Y Williams.J

Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 111, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Taylor of the 94th, Mills of the 20th, Davis of the 45th, Harris of the 96th and Coker of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Culbreth of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

HR 786. By Representatives Thomas of the 55th, Williams of the 54th, Redding of the 50th, Baker of the 51st and Turnquest of the 56th:
A resolution honoring Terry Mill Elementary School and inviting Principal Dr. Shirley C. Reams to appear before the House of Representatives.

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

HB 22. By Representatives Wilder of the 21st, Clark of the 20th, Post 3 and Aiken of the 21st:
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.

The following Committee substitute was read:

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by striking in its entirety paragraph (1) of subsection (b) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished

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a fine of not less than $250.00 nor more than $750.00 or by being required to perform not more than 250 hours of community service, or both; provided, however, that 40 hours of such community service may be served in a local hospital emergency room if such service is permitted by the local hospital."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Bostick of the 138th moves to amend the Committee substitute to HB 22 as follows:
Striking the figure $250.00 on line 22 page 1 and inserting the figure $50.00.

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

N Abernathy N Adams Y Aiken Y Alford Y Ashe Y Atkins N Baker
Balkcom N Barfoot
Bargeron Barnett.B Y Barnett.M Bates
N Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux N Bostick Y Branch Y Breedlove N Brooks
Brown Brush Buck N Buckner NByrd Campbell N Canty N Carrell Y Carter N Cauthorn Y Chafin N Chambless Cheeks Y Childers

Y Clark.E Clark.L
Y Coker N Coleman N Colwell
Connell Culbreth N Cummings.B Cummings.M N Davis.D N Davis.G Y Davis.M Y Dixon.H Dixon.S
Y Dobbs Dover Dunn
N Edwards Y Elliott Y Felton N Fennel
Floyd.J.M N Floyd,J.W N Flynt N Godbee
Golden Y Goodwin E Green N Greene N Griffin N Groover
N Hamilton N Hammond
Hanner N Harris.B Y Harris.J

Y Heard
N Henson N Herbert Y Holland N Holmes
Howard
N Hudson N Irwin
N Jackson N Jamieson N Jenkins Y Jones N Kilgore YKing Y Kingston Y Klein E Ladd
Lane,D
N Lane.R N Langford Y Lawrence N Lawson YLee N Long
Lord Lucas Y Mann N Martin N McBee Y McCoy Y McKelvey N McKinney.B McKinney,C
N Meadows N Merritt
Milam

N Mills
N Mobley N Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C N Oliver.M YOrr N Orrock
Y Padgett Parham
N Parrish N Patten N Pelote N Perry
Pettit Y Pinholster N Pinkston YPoag N Porter
N Poston N Powell,A N Powell.C Y Presley N Purcell N Randall N Ray N Reaves
Redding Y Ricketson N Royal N Selman Y Sherrill N Simpson
Sinkfield

N Skipper N Smith.L Y Smith,? N Smith.T Y Smith.W
Smyre Y Snow N Stancil.F Y Stancil.S N Stanley N Streat
Taylor N Teper Y Thomas.C N Thomas.M N Thomas.N N Thurmond Y Titus
Y Tolbert Y Townsend N Turnquest
Twiggs N Valenti Y Vaughan N Walker.J N Walker.L Y Wall N Watson
Y Watts White
Y Wilder Y Williams.B N Williams.J Y Williams.R
N Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 57, nays 85.
The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

Representative Harris of the 96th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representatives Culbreth of the 97th and Taylor of the 94th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

MONDAY, FEBRUARY 10, 1992

471

Representative Wilder of the 21st gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 22.

HB 1203. By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth:
A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to provide that with the exception of crematories licensed by the State Board of Funeral Service and hospitals, or other facilities as authorized by the Department of Human Resources and in a manner approved by the commissioner of human resources, it shall be unlawful for any person to incinerate or cremate a dead body or parts thereof.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

Representative Taylor of the 94th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Walker of the 115th assumed the Chair.

HB 1115. By Representative McKinney of the 35th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain municipalities.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain municipalities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended in subsection (c) by striking "and" at the end of paragraph (1), striking the period at the end of paragraph (2) and inserting "; and", and inserting at the end a new paragraph (3) to read as follows:
"(3) (A) Alcoholic beverages may be sold on Sundays between the hours of 12:30 P.M. and 12:00 Midnight at festivals. As used in this paragraph, the term 'festival' means an a specific outdoor public celebration or gathering for which a license or permit has been issued by the appropriate governing authority which involves the use either of public parks or public streets and which includes entertainment, dancing, music, dramatic productions, art exhibition, parades, or the sale of merchandise, food

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or alcohol, or any combination of the foregoing; and which of necessity requires for its successful execution the provision and coordination of municipal services to a degree significantly over and above that which the city routinely provides under ordinary everyday circumstances. The definition of 'outdoor festival,' as used in this paragraph, does not include events which are solely parades, foot races, or political demonstrations unless such parade, foot race, or political demonstration is proposed as an integral part of a larger 'outdoor festival,' as defined in this paragraph.
(B) Notwithstanding the provisions of this paragraph, all persons and entities selling alcoholic beverages pursuant to this paragraph shall fully comply with all other applicable state and local license and permit requirements."
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 Abernathy N Adams N Aiken N Alford Y Ashe N Atkins Y Baker
N Balkcom Barfoot
N Bargeron N Barnett.B Y Barnett.M
Bates N Beatty N Benefield Y Birdsong N Blitch Y Bordeaux
Bostick N Branch Y Breedlove Y Brooks
Brown Brush YBuck
N Buckner N Byrd Y Campbell Y Canty Y Carrell N Carter Y Cauthorn N Chafin Y Chambless
Cheeks N Childers

N Clark.E N Clark.L N Coker Y Coleman Y Colwell
Connell Y Culbreth N Cummings.B
Cummings,M
N Davis.D Y Davis.G
N Davis.M Y Dixon.H
Dixon,S Y Dobbs N Dover Y Dunn Y Edwards N Elliott Y Felton Y Fennel
Floyd.J.M N Floyd.J.W Y Flynt
N Godbee Y Golden N Goodwin E Green N Greene N Griffin Y Groover Y Hamilton Y Hammond
Hanner Harris.B
Y Harris.J

N Heard N Henson N Herbert N Holland Y Holmes
Howard N Hudson N Irwin
Jackson Jamieson N Jenkins N Jones Kilgore NKing
N Kingston N Klein
ELadd N Lane.D Y Lane.R N Langford N Lawrence Y Lawson NLee
YLong Lord
Lucas N Mann Y Martin N McBee Y McCoy N McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt N Milam

Mills Y Mobley N Moody N Morsberger
Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock
Padgett Parham Y Parrish
N Patten Y Pelote N Perry
Y Pettit Pinholster
Y Pinkston NPoag Y Porter
Poston N Powell.A Y Powell.C
N Presley Purcell
Y Randall
Ray N Reaves
Redding Ricketson Y Royal Selman Y Sherrill Y Simpson Sinkfield

N Skipper
N Smith.L N Smith.P N Smith.T N Smith, W
Smyre Snow Y Stancil.F Stancil.S Y Stanley Y Streat Y Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas.N
Thurmond N Titus
N Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti N Vaughan Y Walker.J
Walker.L N Wall Y Watson N Watts
White Y Wilder N Williams.B
Y Williams.J Williams.R
Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 67, nays 70.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

Representative McKinney of the 35th 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 1115.

Representative Mills of the 20th 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.

MONDAY, FEBRUARY 10, 1992

473

HR 652. By Representatives Mann of the 6th, Griffin of the 6th and Poag of the 3rd:
A resolution commending Mrs. Genevie Dickey and designating the Genevie Dickey Bridge.

The following Committee substitute was read and adopted:

A BILL
Commending Mrs. Genevie Dickey and urging the designation of the Genevie Dickey Bridge; and for other purposes.
WHEREAS, Mrs. Genevie Dickey was born September 30, 1894, in Tilton, Georgia, and has been a resident of Tilton for over 83 years of her life; and
WHEREAS, Mrs. Dickey has always been active in the social, political, cultural, and religious life of Tilton; and
WHEREAS, Mrs. Genevie Dickey fought valiantly to preserve the school, post office, and her beloved Tilton Methodist Church against economic hardships which have beset Tilton; and
WHEREAS, as a respected teacher, town postmistress, elections poll officer, charter member of the Tilton-Carbondale Home Demonstration Club, and volunteer for numerous other charities, Mrs. Dickey has deeply affected the lives of everyone in Tilton; and
WHEREAS, as the Old South becomes the New South, Genevie Dickey continues to embody the dedication, dependability, cheerfulness, and love that are admired in any time or place, and the community of Tilton and the State of Georgia are proud to claim Genevie Dickey as friend and neighbor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do commend Mrs. Genevie Dickey for her lifetime of outstanding contributions.
BE IT FURTHER RESOLVED that the members of this body do urge the Board of Commissioners of Whitfield County and the Board of Commissioners of Murray County to designate the bridge over the Conasauga River on Tilton Road on the border between Whitfield County and Murray County, Georgia, as the Genevie Dickey Bridge and to erect appropriate signs so designating such bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Mrs. Genevie Dickey and the chairmen of the Board of Commissioners of Whitfield County and the Board of Commissioners of Murray County.

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 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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

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HB 1196.

By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that no county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribution, storage, transportation, disposal, formulation or labeling.

The following amendment was read and adopted:

Representative Reaves of the 147th moves to amend HB 1196 by inserting on line 9 of page 1 between the words "manufacture;" and "to" the following:
"to provide an exemption;".
By striking all the matter on line 23 of page 1 and inserting in lieu thereof the following:
"registration, or manufacture. This provision shall in no way prohibit or impair the legal right of any county, municipal corporation, consolidated government, or other political subdivision of this state to issue business licenses to persons or firms engaged isntatteh.e'" business of selling or applying pesticides in accordance with the laws of this

The following amendment was read and lost:
Representative Smith of the 16th moves to amend HB 1196 as follows: Add the word "agricultural" on line 21 to read Relating to agricultural pesticide use.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 107, nays 17. The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 1196 was ordered immediately transmitted to the Senate.
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 150. By Representatives Barnett of the 59th and Davis of the 45th: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the furnishing to, the purchasing of, or the possession by persons under 21 years of age of alcoholic beverages, so as to provide that persons under 21 years of age who are convicted of unlawful possession of alcoholic beverages shall be required to complete a DUI alcohol or drug use risk reduction program.
The following Committee substitute was read and adopted:

MONDAY, FEBRUARY 10, 1992

475

A BILL
To amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the possession by persons under 21 years of age of alcoholic beverages, so as to provide that persons under 21 years of age who are convicted of unlawful possession of alcoholic beverages may be required to complete a DUI alcohol or drug use risk reduction program; to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to suspension and reinstatement of a driver's license, so as to provide for suspension of the driver's license of any person under 21 years of age who is convicted of the unlawful possession of alcoholic beverages while operating a motor vehicle; to require completion of a DUI alcohol or drug use risk reduction program as a condition of reinstatement of such license; 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 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the possession by persons under 21 years of age of alcoholic beverages, is amended by adding a new subsection (f) to read as follows:
"(f) In addition to any other punishment or sentence, the court may order all persons convicted under subsection (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI drug or alcohol use risk reduction program as prescribed by the Department of Human Resources within 120 days of such conviction or sentence. Failure to complete such program within 120 days shall be contempt of court and shall be punished by a fine of not more than $300.00 or 20 days imprisonment, or both. If the conviction or sentence results from a charge of unlawful possession of alcoholic beverages while operating a motor vehicle, the court shall report such conviction or sentence to the Department of Public Safety within ten days after conviction or sentencing."
Section 2. Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to suspension and reinstatement of a driver's license, is amended by adding a new subsection (f) to read as follows:
"(f) The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle shall be suspended by operation of law for a period of not less than 120 days. 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 only if the person submits proof of completion of the assessment component and either the education/intervention component or the intensive intervention component of a DUI alcohol or drug use risk reduction program prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that he completes a DUI drug or alcohol use risk reduction program within 120 days after sentencing."
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 97, nays 11.
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 150.

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The Speaker assumed the Chair.

HB 1306.

By Representative Dover of the llth:
A bill to amend Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, so as to change the provisions regarding the deadline for filing quarterly and monthly returns.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

SB 417. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
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 change the conditions under which certain students may be counted for high school programs while enrolled in postsecondary institutions; to provide for definitions.

The following Committee substitute was read and adopted:

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 change the conditions under which certain students may be counted for high school programs while enrolled in postsecondary institutions; to provide for definitions; to authorize certain pupils to enroll in and take approved courses at eligible institutions and receive high school credit and state funding therefor; to authorize eligible institutions to receive state funds for high school pupils enrolled therein; to provide for program information, counseling, and forms; to provide for conditions of pupil eligibility; to provide for course approvals, credits, and lists and for determinations and contested cases relating thereto; to provide conditions for the grant and use of high school credits for completed courses and notifications relating thereto; to provide for credit at eligible institutions for courses completed therein; to require awarding of high school diplomas based on certain credits earned; to provide for a secondary options grant account and for payments to eligible institutions; to prohibit certain charges and require others; to provide for the payment of certain advanced placement tests; to provide for ineligibility for other state financial aid; to prohibit certain conduct and provide penalties therefor; to require the prior approval of the State Board of Technical and Adult Education or the Board of Regents of courses in vocational and technical education offered by a high school for both high school credit and credit at the eligible institution; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking subsection (a) of Code Section 20-2-160, relating to enrollment determinations, and inserting in its place a new subsection to read as follows:
"(a) The State Board of Education shall designate the specific dates upon which three counts of students enrolled in each instructional program authorized under this

MONDAY, FEBRUARY 10, 1992

477

article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made prior to October 1, the second enrollment count after November 1 but prior to January 1, and the final enrollment count after February 15 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a driver education course; a course recognized under this article or by state board policy as an enrichment course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course" means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a regionally accredited postaccondary institution an eligible institution under the program established in Code Section 20-2-160.1 may be counted for the high school program for only that portion of the day that the student is attending the high school postsecondary institution; provided, however, that the student is attending the h4gh school for at least three those segments that are eligible to be counted under this subsection ad that the student's postsccondary program
adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date."
Section 2. Said article is further amended by adding immediately following Code Section 20-2-161 a new Code section to read as follows:
"20-2-161.1. (a) For purposes of this Code section, the term: (1) 'Course' means any plan or program of instruction. (2) 'Department' means the State Department of Education. (3) 'Eligible institution' or 'institution' means any two-year or four-year degree-
granting public college or university or state operated postsecondary technical institution located in Georgia.
(4) 'Program' means the arrangement authorized by this Code section whereby a pupil in a public high school may enroll in and take courses at an eligible institution and receive secondary credit.
(5) 'Secondary credit' means high school credit for courses taken at an eligible institution under the program. (b) Any eleventh or twelfth grade pupil or pupil aged 16 or over in any public school in this state may apply to an eligible institution to enroll in selected courses which are offered at that institution and which are approved for secondary credit under subsection (e) of this Code section. It shall be the responsibility of the high school principal and advisement faculty to inform the postsecondary institution of the academic, emotional, social, and other characteristics of the pupil that should be considered in the decision

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to enroll or not enroll the student. If accepted at an eligible postsecondary institution, such pupil may take any such approved course at that institution, whether or not the course is taught during the regular public school day, and receive secondary credit therefor only under the conditions provided in this Code section. An eligible institution which accepts a pupil authorized to apply for enrollment therein under the program shall not receive any state funds for that pupil unless the institution complies with the requirements of this Code section regarding eligible institutions.
(c) No later than the first day of April each year, each local school system shall provide general information about the program to all its eligible pupils. A local school system shall also provide counseling services to such pupils and their parents or guardians before the pupils enroll in eligible institutions under this Code section to ensure that the pupils and their parents or guardians are aware of the possible consequences of enrolling in an eligible institution. Such counseling services will include information relative to what institutions and courses are eligible for participation; the process for grant-
ing academic credits; financial arrangements for tuition, books, and materials; available support services; the need to arrange an appropriate schedule; consequences of failing
or not completing a course; the effect of the program on a pupil's ability to complete a course, to participate in extracurricular activities, and to complete required high school
graduation requirements; and the academic and social responsibilities of pupils and their parents or guardians, including the continuing responsibility to obey the rules and regulations of the eligible institutions and the high school as appropriate. Prior to enrolling
in a course at an eligible institution, the pupil and the pupil's parents or guardians must sign a form that must be provided by the school system or may be provided by an eligible institution stating that they have received the counseling specified in this subsection
and that they understand the responsibilities that must be assumed in participating in the program. The department shall develop appropriate forms and counseling guidelines
for the program. (d) A pupil who first enrolls in an eligible institution at the beginning of grade 11
may not enroll in an eligible institution under the program for secondary credit for more
than the equivalent of two academic years. A pupil who first enrolls in an eligible institution at the beginning of grade 12 may not enroll in an eligible institution under the
program for secondary credit for more than the equivalent of one academic year. If a pupil in grade 11 or 12 first enrolls in an eligible institution for secondary credit after
the beginning of the school year, the time of participation in the program authorized by this subsection shall be reduced proportionately. A pupil who has graduated from high
school cannot participate in the program. A pupil who has completed course requirements for graduation but who has not received a diploma may participate in the pro-
gram. (e) (1) Each eligible institution desiring to participate in the program shall annually submit to the department a description of each course for which the institution seeks
approval under the program. The department shall review such submissions and approve any such course which is substantially comparable to any course which is
offered for credit in a high school program in this state and which is includable for funding for purposes of the full-time equivalent program count under Code Section
20-2-160 for any local school system in the state. If there is such a comparable high school course, the department shall specify that course and determine the credit for the eligible institution's course. The department shall annually publish a list contain-
ing the department's determinations regarding approved comparable courses and credits therefor, which determination shall be a contested case under Chapter 13 of Title
50, the 'Georgia Administrative Procedure Act,' for any eligible institution aggrieved
thereby. (2) A local school system shall grant academic credit to a pupil enrolled in a course
in an eligible institution if that course has been listed as approved by the department
under paragraph (1) of this subsection and if the pupil successfully completes that course. The secondary credit granted shall be for the comparable course and course hours approved by the department. Upon completion of an eligible institution's
approved course, the pupil shall be responsible for requesting that the institution notify the pupil's local school system regarding the pupil's grade in that course.

MONDAY, FEBRUARY 10, 1992

479

(3) Secondary school credits granted for eligible institution courses under paragraph (2) of this subsection shall be used to satisfy the state board's requirements in regard to eligibility for extracurricular activities and shall also be counted toward the graduation requirements and subject area requirements of the local school system. Evidence of successful completion of each course and secondary credits granted shall be included in the pupil's secondary school records.
(4) If a pupil enrolls in an eligible institution after leaving secondary school, that institution shall award credit at such institution for any course successfully completed for secondary credit at that institution. Other eligible institutions shall award, after a pupil leaves secondary school, postsecondary credit for any course successfully completed under the program on the same basis on which such credits are customarily awarded. An institution may not charge a pupil for the award of credit.
(5) The department shall develop the necessary rules to require local school systems to award a high school diploma for any pupil who is enrolled at an eligible institution under the program as long as the credit earned at such institution satisfies course requirements needed for the pupil to complete high school graduation. The department shall consult the Board of Regents of the University System of Georgia and the State Board of Technical and Adult Education in developing rules and regulations regarding the eligibility criteria for program participation. (f) The department shall establish a secondary options grant account with funds appropriated by the General Assembly. The amount of funds requested by the state board for this account shall be the amount that the participating pupils would earn in the local systems during the portion of the instructional day the students were actually enrolled at the eligible institutions. The department shall pay to the eligible institution from this grant account the lesser of the following amounts for a pupil enrolled therein:
(1) The actual costs of tuition, materials, and fees directly related to each approved course taken by the pupil at such institution; or
(2) The amount that the pupil would have earned under this article if that pupil had been in an equivalent instructional program in a local school system for that portion of the instructional day in which the pupil was actually enrolled in an eligible institution pursuant to this Code section.
(g) The department shall pay the fees charged for advanced placement tests taken by any eligible high school student who successfully completes an approved advanced placement course. The local high school principal shall certify to the department the number of students taking the advanced placement tests, the total fees changed, and such additional information as the department requires regarding advanced placement tests, and the department shall make payments directly to the testing service from funds dedicated to this purpose within the secondary option grant account.
(h) A pupil enrolled in an eligible institution for secondary credit is not eligible for any other state student financial aid at an eligible institution for courses taken under the program.
(i) Any person who knowingly makes or furnishes any false statement or misrepresentation, or who accepts such statement or misrepresentation knowing it to be false, for the purpose of enabling an eligible institution to obtain wrongfully any payment under this Code section shall be guilty of a misdemeanor.
(j) By agreement between the State Board of Education and the State Board of Technical and Adult Education or the Board of Regents or a local board operating a postsecondary vocational school, high schools may offer courses in vocational and technical education which qualify for both high school credit and credit at an eligible institution governed by such boards. Such courses shall meet the standards and criteria of and be approved by the State Board of technical and Adult Education or the Board of Regents for such credit. Any costs for tuition, fees, or tests required to receive the postsecondary credit shall be paid for as described in subsection (f) of this Code section."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 124, nays 1.
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 1276. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for income deduction for the payment of accident and sickness insurance if a court order for child support includes provision for such coverage.

The following Committee substitute was read:

A BILL
To amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for payroll deduction for the payment of accident and sickness insurance if a court order for child support includes provision for such coverage; 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 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by striking Code Section 19-6-29, relating to the inclusion of accident and sickness insurance coverage in an order for child support, and inserting in its place a new Code Section 19-6-29 to read as follows:
"19-6-29. (a) In any case before the court involving child support, the court may inquire into the availability of accident and sickness insurance coverage to any person obligated to support and, if such coverage is reasonably available, may include in the order of support provision for such coverage.
(b) Any order of support of a child entered or modified on or after July 1^ 1992, which includes provision for accident and sickness insurance shall include a provision for payroll deduction of an amount which is sufficient to provide for the payment of premiums of such accident and sickness insurance.
(c) An order for payroll deduction entered pursuant to subsection (b) of this Code section shall be consistent with the provisions of Code Sections 19-6-30 through 19-6-33."
Section 2. Said chapter is further amended by striking subsection (c) of Code Section 19-6-30, relating to the collection of child support by continuing garnishment or income deduction, in its entirety and inserting in its place a new subsection (c) to read as follows:
"(c) All Title IV-D (child support recovery) cases involving orders of support of a child or spouse entered or modified prior to July 1, 1989, or thereafter shall be subject to income deduction as defined in Code Sections 19-6-31, 19-6-32, and 19-6-33. AH Except as provided in Code Section 19-6-29, relating to the inclusion of provision for accident and sickness insurance coverage in support orders, all other orders are expressly excluded from the application of these provisions."

MONDAY, FEBRUARY 10, 1992

481

Section 3. 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 Chambless of the 133rd move to amend the Committee substitute to HB 1276 as follows:
By deleting the word "shall" on line 24, page 1, and substituting in lieu thereof the word "may".

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 97, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

HR 722. By Representatives Dover of the llth and Jamieson of the llth: A resolution designating the Stribling Memorial Bridge.

The following Committee substitute was read and adopted:

A RESOLUTION
Urging the designation of the Stribling Memorial Bridge; and for other purposes.
WHEREAS, the members of the Stribling family have long been recognized by the citizens of Habersham County for the vital role they have played and continue to play in community leadership and for their deep personal commitment to the welfare of the members of their community; and
WHEREAS, they have given generously and unstintingly of their time and interest in all matters relating to Habersham County and their personal efforts are in large measure responsible for much of the vitality, strength, beauty, and success of the county; and
WHEREAS, S. Y. Stribling, Sr., came to Habersham, Georgia, in 1906 and converted a nonfunctioning wool mill into Habersham Mills, a thriving manufacturing company which is now in operation as Russell Corporation - Habersham Plant; and
WHEREAS, numerous family members were actively involved in management capacities at the plant for many decades and to this day, an heir to the Stribling legacy, S. Y. Stribling II, is still employed at the plant 86 years after it was founded by his greatgrandfather; and
WHEREAS, it is abundantly fitting and proper that an appropriate memorial should be dedicated to these distinguished Georgians.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do urge that the bridge whereby Habersham Mills Road crosses the Soque River be named and designated as the Stribling Memorial Bridge.

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BE IT FURTHER RESOLVED that the appropriate governing authority is urged to erect and maintain appropriate markers so designating said bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Marion W. Stribling.

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 110, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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

Mr. Speaker:

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

HB 1198 Do Pass HB 1201 Do Pass HB 1241 Do Pass

HB 1497 Do Pass HB 1540 Do Pass

Respectfully submitted, M 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 762 Do Pass, by Substitute
Respectfully submitted, /s/ Pinkston of the 100th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1441 Do Pass HB 1519 Do Pass, by Substitute

MONDAY, FEBRUARY 10, 1992

483

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

MINORITY REPORT
The undersigned files a minority report and would recommend that HB 1441 DO NOT PASS.
/&/ Denmark A. Groover, Jr. Groover 99th

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 311 Do Pass, by Substitute SB 47 Do Pass

SB 60 Do Pass SB 61 Do Pass

Respectfully submitted, /s/ Cummings of the 17th
Chairman

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

Mr. Speaker:

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

HB 113 Do Pass, by Substitute HB 1255 Do Pass

HB 1469 Do Pass HB 1471 Do Pass

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

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

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Representative Hall, Atlanta, Georgia Tuesday, February 11, 1992

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

Abernathy Adams Aiken Alford Ashe Atkins Balkcom Barfoot Bargeron
Barnett.B Barnett.M Bates Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brooks Brown Brush Buck Buckner Byrd Campbell Canty Carrell Carter

Chafin Chambless Cheeks Childers Clark.E Clark.L Coker Coleman Colwell Connell
Culbreth
Cummings,B
Cummings,M
Davis.D Davis.G Davis.M
Dixon.H
Dixon.S
Dobbs
Dover
Edwards
Elliott
Felton
Fennel
Floyd.J.W
Godbee
Golden
Good win
Greene
Groover

Hammond
Harris.B
Harris,J Heard Henson
Herbert Holland
Holmes Howard Hudson Irwin
Jackson
Jamieson
Jenkins Jones Kilgore
King
Klein Ladd Lane.D Lane.R Langford Lawrence Lawson Lee Long
Mann McBee McCoy McKelvey

McKinney.B Meadows Merritt Milam
Mobley Moody Morsberger Moultrie Mueller Oliver.C Oliver.M
Orr
Padgett
Parham
Parrish
Patten
Pelote
Perry
Pettit
Poston
Powell.C
Presley Purcell Reaves Ricketson Royal Selman Sherrill Sinkfield Skipper

Smith.L Smith.P Smith.T Smith.W Stancil.F Stancil,S Stanley Streat Taylor Teper Thomas,M Thomas.N Titus Tolbert Townsend Twiggs Valenti
Vaughan
Walker.J
Walker.L
Wall
Watson
Watts
Wilder
Williams.B
Williams.J
Williams.R
Yeargin
Murphy,Spkr

Prayer was offered by Mr. Kenneth A. Kennedy, Sr., Westside Baptist Church, Centerville, Georgia.

The members pledged allegiance to the flag.

The following members were off the floor of the House when the roll was called:
Representatives Thomas of the 69th, Dunn of the 73rd, Cauthorn of the 20th, McKinney of the 40th, Poag of the 3rd, Hamilton of the 124th, Mills of the 20th, Turnquest of the 56th, Kingston of the 125th, Snow of the 1st, Simpson of the 70th and Floyd of the 154th.
They wish to be recorded as present.

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:

TUESDAY, FEBRUARY 11, 1992

485

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 1596. By Representatives Cummings of the 17th, Baker of the 51st, Jamieson of the llth and Porter of the 119th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to create the Georgia Defined Contribution Plan.
Referred to the Committee on Retirement.

HB 1597. By Representatives Martin of the 26th, Parham of the 105th, Parrish of the 109th, Childers of the 15th, Hamilton of the 124th and others:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," so as to change the definition of certain terms; to provide a rebuttable presumption that the full cost of care shall be imposed initially.
Referred to the Committee on Health & Ecology.

HB 1598. By Representatives Martin of the 26th, Parrish of the 109th, Childers of the 15th, McKinney of the 35th, Hamilton of the 124th and others:
A bill to amend Code Section 15-11-56 of the Official Code of Georgia Annotated, relating to expenses charged to county and payment by parents on court order of expenses involving treatment, care, and support of a child, so as to provide that the court may order payment from the parents or other legally obligated persons to reimburse all or part of the costs and expenses of the Department of Human Resources for treatment, care, and support of the child.
Referred to the Committee on Health & Ecology.

HB 1599. By Representatives Martin of the 26th, Childers of the 15th, Coleman of the 118th, McKinney of the 35th, Hamilton of the 124th and others:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide that prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of a child-placing agency or any other agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner.
Referred to the Committee on Judiciary.

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HB 1600. By Representatives Golden of the 148th and Flynt of the 75th:
A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, so as to provide that on and after July 1, 1992, a retail dealer license shall be issued only to an individual who meets certain requirements relating to residency and ownership of business.
Referred to the Committee on Regulated Beverages.

HB 1601. By Representatives Martin of the 26th and Hamilton of the 124th:
A bill to amend Code Section 31-2-6 of the Official Code of Georgia Annotated, relating to actions against applicants or licensees regulated under Chapters 7, 13, 22, and 23 of Title 31 and Chapter 5 of Title 49, so as to provide that the Department of Human Resources is authorized to charge fees for the application for, the issuance of, and the retention of any license, permit, registration, or commission.
Referred to the Committee on Health & Ecology.

HB 1602. By Representatives Buckner of the 72nd, Thomas of the 55th and Lee of the 72nd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide that it is unlawful to sell a motor vehicle with an object which obstructs or hinders the clear display and legibility of a license plate.
Referred to the Committee on Motor Vehicles.

HB 1603. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act reincorporating and re-creating the City of Woodstock, so as to deannex and exclude certain property from the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1604. By Representatives Buck of the 95th, Culbreth of the 97th, Harris of the 96th, Taylor of the 94th, Moultrie of the 93rd and others:
A bill to amend an Act providing for homestead exemptions from Muscogee County ad valorem taxes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district, so as to provide for the application of such exemptions with respect to certain taxes to retire certain bonded indebtedness.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1605. By Representative Heard of the 43rd:
A bill to amend an Act incorporating Peachtree City, so as to provide for the terms of office of the mayor and city council.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 11, 1992

487

HB 1606. By Representative Heard of the 43rd:
A bill to amend an Act creating a new charter for the City of Fayetteville, so as to provide for the manner of electing members of the city council and the mayor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1607. By Representatives Colwell of the 4th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of probation or suspension of sentence, to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations of probation, so as to provide that defendants shall not in the same or related sentences be sentenced to both prison and probation.
Referred to the Committee on State Institutions & Property.

HB 1608. By Representatives Dunn of the 73rd, Smith of the 78th, Herbert of the 76th, Lee of the 72nd and Benefield of the 72nd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance generally, so as to provide requirements for medical malpractice insurers.
Referred to the Committee on Insurance.

HB 1609. By Representatives Dunn of the 73rd, Smith of the 78th, Herbert of the 76th, Lee of the 72nd and Benefield of the 72nd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Human Resources to adopt state-wide minimum standards for on-site, individual sewage management systems.
Referred to the Committee on Health & Ecology.

HB 1610. By Representatives Hammond of the 20th, Cauthorn of the 20th, Atkins of the 21st, Aiken of the 21st, Coker of the 21st and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1611. By Representative Groover of the 99th:
A bill to amend Chapter 72 of Title 36 of the Official Code of Georgia Annotated, relating to abandoned cemeteries and burial grounds, so as to clarify that burial ground includes private plots; to provide that preservation and protection of burial grounds encompasses the cleaning, restoration, maintenance, and upkeep of burial grounds and cemeteries.
Referred to the Committee on Judiciary.

488

JOURNAL OF THE HOUSE,

HB 1612. By Representative Groover of the 99th:
A bill to amend Part 5 of Article 1 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to the execution of corporate documents, and Article 1 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relating to corporation, so as to create a presumption of authority when the president or vice-president of a corporation executes a document and that document is attested to by the secretary, assistant secretary, or other officer to whom such responsibility has been delegated.
Referred to the Committee on Judiciary.

HB 1613. By Representative Jenkins of the 80th:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications for and eligibility to hold the office of sheriff.
Referred to the Committee on Public Safety.

HB 1614. By Representative Poag of the 3rd:
A bill to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding state income taxes, so as to redefine the term taxable nonresident for state income tax purposes.
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 1566 HB 1567 HB 1568 HB 1569 HB 1570 HB 1571 HB 1572
HR ! rlr) io/4 HB 1575 HB 1576 tm i cT7
tlti iOll
HB 1578
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

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SB 536

SB 539

SB 560

SB 564

SB 566

SR ' 377

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

TUESDAY, FEBRUARY 11, 1992

489

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 888 Do Pass, by Substitute HB 1200 Do Pass, by Substitute
Respectfully submitted, /s/ Reaves of the 147th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1103 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 27th
Chairman

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

Mr. Speaker:

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

HB 1352 Do Pass HB 1368 Do Pass HB 1370 Do Pass HB 1381 Do Pass

HB 1454 Do Pass HB 1456 Do Pass HB 1457 Do Pass HB 1458 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 1352.

By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act providing for and describing boundaries for the districts for the Board of Education of the Hall County School District, so as to modify the description of the education districts to reflect the 1990 census figures.

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

490

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1368.

By Representatives Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd, King of the 72nd and Buckner of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to provide for four commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1370.

By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, so as to provide for commissioner districts and posts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1381.

By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act providing for the election of members of the Board of Education of Bryan County, so as to reapportion the education districts and posts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1454.

By Representatives Groover of the 99th, Pinkston of the 100th, Lucas of the 102nd, Elliott of the 103rd and Randall of the 101st:
A bill to amend an Act establishing a board of commissioners of Bibb County, so as to change the provisions relating to commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1456.

By Representative Oliver of the 121st:
A bill to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to reapportion the Education Districts.

TUESDAY, FEBRUARY 11, 1992

491

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1457.

By Representative Oliver of the 121st:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Evans County, so as to reapportion the election districts for members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1458.

By Representatives Coker of the 21st, Aiken of the 21st, Clark of the 20th, Klein of the 21st, Wilder of the 21st and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to reapportion the commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

Representative Mills of the 20th stated that she wished to be recorded as voting "aye" on HB 1458.

Representative Wilder of the 21st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 22. By Representatives Wilder of the 21st, Clark of the 20th, Post 3 and Aiken of the 21st:
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.

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

N Abernathy N Adams Y Aiken N Alfurd Y Ashe Y Atkins N Baker
Balkcom N Barf'oot N Bargeron
Barnett.B

Y Barnett,M N Bates
Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick Y Branch Y Breedlove N Brooks

Brown Y Brush Y Buck
Buckner Byrd Y Campbell Y Canty N Carrell Y Carter Y Cauthorn Y Chafin

N Chambless Cheeks
Y Childers Y Clark.E N Clark.L Y Coker
Coleman N Colwell N Connell N Culbreth
Cummings.B

Cummings.M N Davis.D N Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs N Dover N Dunn
Edwards N Elliott

492

JOURNAL OF THE HOUSE,

Felton
Y Fennel
N Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin
E Green N Greene
Griffin
N Groover
N Hamilton N Hammond
Hanner
N Harris.B
N Harris.J Y Heard
Henson
Y Herbert
N Holland
N Holmes Howard
Y Hudson N Irwin

N Jackson
N Jamieson
N Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein
Y Ladd N Lane.D
Lane.R
Langford
Y Lawrence N Lawson
Y Lee
Long
Lord Lucas Y Mann
Y Martin
N McBee
Y McCoy Y McKelvey
N McKinney.B N McKinney.C

N Meadows
N Merritt
N Milam Mills
N Mobley Y Moody Y Morsberger
Moultrie
Y Mueller N Oliver.C N Oliver.M
Y Orr
Orrock N Padgett
N Parham
N Parrish
N Patten N Pelote N Perry
Y Pettit
Y Pinholster
N Pinkston Y Poag
N Porter N Poston

N Powell.A
N Powell.C
N Presley N Purcell N Randall N Ray N Reaves
Redding
N Ricketson N Royal Y Selman
Y Sherrill
Simpson Y Sinkfield
Skipper
N Smith.L
Y Smith.P Y Smith.T Y Smith.W
Smyre
Snow
N Stancil.F Y Stancil.S
Y Stanley Streat

Y Taylor
N Teper
Thomas.C Y Thomas.M N Thomas.N
Thurmond Y Titus Y Tolbert
Y Townsend N Turnquest N Twiggs
N Valenti
Y Vaughan Walker.J
Walker.L
Y Wall
N Watson Y Watts
White
Y Wilder
Y Williams.B
N Williams.J Y Williams.R
N Yeargin Murphy.Spkr

On the motion, the ayes were 64, nays 78. The motion was lost.

Representative Buckner of the 72nd 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.

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 150. By Representatives Barnett of the 59th and Davis of the 45th:
A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the furnishing to, the purchasing of, or the possession by persons under 21 years of age of alcoholic beverages, so as to provide that persons under 21 years of age who are convicted of unlawful possession of alcoholic beverages shall be required to complete a DUI alcohol or drug use risk reduction program.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams N Aiken Y Alford
N Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron
Barnett,B N Barnett,M Y Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
N Breedlove

Y Brooks Brown
N Brush Y Buck
Y Buckner Y Byrd N Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Y Connell

Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Y Davis.G N Davis.M N Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn
Edwards N Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden
N Goodwin

E Green Y Greene
Griffin Y Groover
Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J N Heard
Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
N Jones

Y Kilgore King
Y Kingston Y Klein
N Ladd N Lane.D
Lane.R N Langford N Lawrence
Lawson Lee Long Lord Y Lucas N Mann Y Martin Y McBee Y McCoy N McKelvey Y McKinney.B
Y McKinney.C

TUESDAY, FEBRUARY 11, 1992

493

N Meadows N Merritt
Milam Y Mills N Mobley
Y Moody N Morsberger N Moultrie N Mueller Y Oliver.C Y Oliver.M N Orr
Orrock Y Padgett Y Parham

Y Parrish Y Patten
Y Pelote Y Perry Y Pettit N Pinholster
Y Pinkston
N Poag
Y Porter
Y Poston
Y Powell.A Y Powell.C N Presley Y Purcell N Randall

Ray Y Reaves
Redding N Ricketson Y Royal Y Selman N Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith.L N Smith.P
Smith.T Smith.W
Smyre

Y Snow
Y Stancil.F
N Stancil.S
Y Stanley
Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M
Y Thomas.N Thurmond
N Titus Tolbert
N Townsend
Turnquest

Twiggs
Valenti
Y Vaughan
Y WalkerJ
Y Walker.L
Wall
Y Watson
Watts
White N Wilder N Williams.B
Y Williams.J N Williams.R Y Yeargin
Murphy.Spkr

On the motion, the ayes were 104, nays 40. The motion prevailed.

Representative McKinney of the 35th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1115. By Representative McKinney of the 35th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain municipalities.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy N Adams N Aiken Y Alford Y Ashe N Atkins Y Baker
Balkcom
Y Barfoot
Y Bargeron
N Barnett.B
Y Barnett.M Y Bates N Beatty Y Benefield
Birdsong
Y Blitch
Y Bordeaux
Y Bostick
Y Branch
Y Breedlove
Y Brooks
Brown N Brush Y Buck Y Buckner N Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn
Y Chafin Chambless
Y Cheeks Y Childers

N Clark.E Y Clark.L Y Coker Y Coleman
Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M N Davis.D
Y Davis.G
Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn
Edwards N Elliott
Felton
Fennel N Floyd.J.M
Y Floyd.J.W Y Flynt Y Godbee Y Golden
N Goodwin
E Green
Y Greene Griffin
Y Groover
Hamilton Y Hammond
Manner
Y Harris.B
Y Harris.J

Y Heard Y Henson
Y Herbert N Holland Y Holmes
Howard Y Hudson Y Irwin
Jackson
Y Jamieson
N Jenkins Jones
Y Kilgore YKing
N Kingston N Klein YLadd N Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
NLee
Y Long
Lord
Y Lucas NMann Y Martin Y McBee
McCoy N McKelvey Y McKinney.B Y McKinney.C Y Meadows N Merritt N Milam

On the motion, the ayes were 114, nays 36.

Mills N Mobley
N Moody
Y Morsberger
N Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham
Y Parrish
Y Patten
Y Pelote N Perry
Pettit Y Pinholster
Pinkston
N Poag Y Porter
Y Poston
Y Powell.A Y Powell.C N Presley Y Purcell
Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L
Y Smith, P
N Smith.T
Y Smith.W
Smyre
YSnow Y Standl.F Y Stancil.S Y Stanley Y Streat Y Taylor
Y Teper N Thomas.C Y Thomas.M Y Thomas.N
Thurmond
Y Titus
N Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
N Vaughan
Walker.J
Walker.L Y Wall Y Watson Y Watts
White
Y Wilder
N Williams.B
Y Williams.J
N Williams.R N Yeargin
Murphy, Spkr

494

JOURNAL OF THE HOUSE,

The motion prevailed.

Representative Dixon of the 151st moved that the following Bill of the House be recommitted to the Committee on Regulated Beverages.

HB 1115. By Representative McKinney of the 35th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain municipalities.
The motion prevailed.

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 341. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to membership in the Peace Officers' Annuity and Benefit Fund, so as to provide that a certain peace officer who has been in continuous service as a peace officer for a certain number of years shall be eligible for membership in the fund and for the annuity and benefits provided for by said fund; to provide credit for prior service under certain conditions.

SB 465. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that certain former state employees shall be entitled to medical and dental care deemed by the State Personnel Board to be necessary or shall be entitled to coverage under the state employees' health insurance plan upon the payment of an annual premium to be fixed by such board.

SB 471. 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 generally, so as to reinstate or create the position of chaplain as a position in the classified service; to provide for the employment of chaplains by the various departments of state government; to limit the number of chaplains for a department of state government; to provide for funding of chaplain positions.

SB 478. By Senators Clay of the 37th, Newbill of the 56th, Collins of the 17th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to eliminate the plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; to repeal certain provisions relating to suspension of a driver's license for failure to complete a DUI Alcohol or Drug Use Risk Reduction Program.

TUESDAY, FEBRUARY 11, 1992

495

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

SR 378. By Senator Ramsey of the 54th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a historical marker in, on, over, under, upon, across, or through property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date.

SR 379. By Senator Foster of the 50th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a water intake line in, on, over, under, upon, across, or through property owned by the State of Georgia in Rabun County, Georgia; to provide an effective date.

SR 380. By Senator Gillis of the 20th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Toombs County, Georgia; to provide an effective date.

SR 381. By Senator Timmons of the llth:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, across, or through property owned by the State of Georgia in Stewart County, Georgia; to provide an effective date.

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

HB 654. By Representatives Davis of the 29th, Jamieson of the llth, Murphy of the 18th, Orrock of the 30th, Sinkfield of the 37th and others:
A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the commission on the status of women, so as to provide for creation of the commission on women.

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

HB 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1991-1992.

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

496

JOURNAL OF THE HOUSE,

SB 548. By Senator Scott of the 36th:
A bill to amend an Act providing for the appointment of magistrates in Fulton County, as amended, so as to increase the number of magistrates in Fulton County from three to five; to provide the procedure in connection with the appointment of new magistrates; to provide an effective date.

SB 556. By Senators Tate of the 38th, Egan of the 40th, Scott of the 36th and others:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative to public letting and bids; to change the provision relative to advertisement of bids; to provide an effective date.

SB 570. By Senator Hasty of the 51st:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," as amended, so as to change the provisions relating to the number and time of regularly scheduled meetings.

SB 574. By Senator Bamsey of the 54th:
A bill to amend an Act creating the office of commissioner of Murray County, as amended, so as to change the composition of the commission districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.

SB 575. By Senator Ramsey of the 54th:
A bill to amend an Act placing the coroner of Murray County on an annual salary, as amended, so as to change provisions relating to the compensation of the deputy coroner; to provide an effective date.

SB 576. By Senator Ramsey of the 54th:
A bill providing for the appointment of the School Superintendent of Murray County by the Board of Education of Murray County; to provide for a referendum.

SB 577. By Senators Clay of the 37th and Thompson of the 33rd:
A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the election of commissioners; to provide for commissioner districts; to provide for the qualifications of the commissioners; to change the compensation of the chairman of the board of commissioners; to provide when this Act shall be void and repealed.

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

TUESDAY, FEBRUARY 11, 1992

497

SB 341. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to membership in the Peace Officers' Annuity and Benefit Fund, so as to provide that a certain peace officer who has been in continuous service as a peace officer for a certain number of years shall be eligible for membership in the fund and for the annuity and benefits provided for by said fund; to provide credit for prior service under certain conditions.
Referred to the Committee on Retirement.

SB 465. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that certain former state employees shall be entitled to medical and dental care deemed by the State Personnel Board to be necessary or shall be entitled to coverage under the state employees' health insurance plan upon the payment of an annual premium to be fixed by such board.
Referred to the Committee on Insurance.
SB 471. 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 generally, so as to reinstate or create the position of chaplain as a position in the classified service; to provide for the employment of chaplains by the various departments of state government; to limit the number of chaplains for a department of state government; to provide for funding of chaplain positions.
Referred to the Committee on State Planning & Community Affairs.

SB 478. By Senators Clay of the 37th, Newbill of the 56th, Collins of the 17th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to eliminate the plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; to repeal certain provisions relating to suspension of a driver's license for failure to complete a DUI Alcohol or Drug Use Risk Reduction Program.
Referred to the Committee on Motor Vehicles.

SB 548. By Senator Scott of the 36th:
A bill to amend an Act providing for the appointment of magistrates in Fulton County, as amended, so as to increase the number of magistrates in Fulton County from three to five; to provide the procedure in connection with the appointment of new magistrates; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 556. By Senators Tate of the 38th, Egan of the 40th, Scott of the 36th and others:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative to public letting and bids; to change the provision relative to advertisement of bids; to provide an effective date.
Referred to the Committee on Industry.

498

.

JOURNAL OF THE HOUSE,

SB 570. By Senator Hasty of the 51st:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," as amended, so as to change the provisions relating to the number and time of regularly scheduled meetings.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 574. By Senator Ramsey of the 54th:
A bill to amend an Act creating the office of commissioner of Murray County, as amended, so as to change the composition of the commission districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 575. By Senator Ramsey of the 54th:
A bill to amend an Act placing the coroner of Murray County on an annual salary, as amended, so as to change provisions relating to the compensation of the deputy coroner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 576. By Senator Ramsey of the 54th:
A bill providing for the appointment of the School Superintendent of Murray County by the Board of Education of Murray County; to provide for a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 577. By Senators Clay of the 37th and Thompson of the 33rd:
A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the election of commissioners; to provide for commissioner districts; to provide for the qualifications of the commissioners; to change the compensation of the chairman of the board of commissioners; to provide when this Act shall be void and repealed.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 378. By Senator Ramsey of the 54th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a historical marker in, on, over, under, upon, across, or through property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 379. By Senator Foster of the 50th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a water intake line in, on, over, under, upon, across, or through property owned by the State of Georgia in Rabun County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

TUESDAY, FEBRUARY 11, 1992

499

SR 380. By Senator Gillis of the 20th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Toombs County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 381. By Senator Timmons of the llth:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, across, or through property owned by the State of Georgia in Stewart County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

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

HR 837. By Representative Alford of the 57th:
A resolution recognizing the 30th anniversary of the center for the Visually Impaired and inviting executive director Scott McCall and staff to appear before the House of Representatives.

Representative Coleman of the 118th moved that the House disagree to the Senate substitute to HB 1262.
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 1201.

By Representatives Reaves of the 147th, Buckner of the 72nd, Selman of the 32nd, Royal of the 144th and Branch of the 137th:
A bill to amend Code Section 4-11-3 of the Official Code of Georgia Annotated, relating to licenses for pet dealers and kennel, stable, and animal shelter operators, so as to change the provisions relating to the amount of 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 ayes were 96, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HB 1287.

By Representatives Cummings of the 17th, McBee of the 68th, Lane of the 27th and Jamieson of the llth:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school".

The following substitute, offered by Representative Cummings of the 17th and Buck of the 95th was read and adopted:

500

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school"; 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 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, is amended by striking paragraph (2) thereof and inserting in its place a new paragraph to read as follows:
"(2) 'Approved school' means: (A) A nonproprietary institution of higher education located in this state which is
not a branch of the university system; which is accredited by the Southern Association of Colleges and Schools; which is not a Bible school er college {ery at the graduate level} a school or college of theology or divinity); and which is not presently receiving state funds under Article 4 of this chapter; provided, however, that an institution which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools; and
(B) A nonproprietary institution of higher education located outside the State of Georgia which is a four-year or graduate level institution of higher education that is, or is a part ofj a college or university system that is; owned and operated by a state other than Georgia; which is accredited by the Southern Association of Colleges and Schools; which is not a Bible school er college (er; at the graduate level; a school or college of theology or divinity); and which is located within 50 road miles, by the nearest practical route of travel, of the home residence of one or more eligible students. The term 'home residence,' for purposes of this subpart, shall, in the case of a dependent student, mean the principal residence of the parent or legal guardian of a student."
Section 2. This Act shall become effective on September 1, 1992.
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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker Pro Tern assumed the Chair.

HB 113. By Representative Lane of the 27th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions applicable to the General Assembly, so as to require a copy of local bills annexing territory to a municipality to be provided to the governing authority of the county.

Representative Murphy of the 18th moved that further consideration of HB 113 be postponed until Thursday, February 13, 1992, immediately following the period of unanimous consents.

TUESDAY, FEBRUARY 11, 1992

501

The motion prevailed.

The Speaker assumed the Chair.

HB 1469.

By Representatives Alford of the 57th and Oliver of the 53rd:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to exclude certain nonrecurring costs from the definition of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs.

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

Y Abernathy Y Adams
Aiken
Y Alford Y Ashe Y Atkins Y Baker
Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks
Brown Brush Y Buck Y Buckner YByrd Y Campbell
Y Canty Y Catrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee
Y Golden Y Goodwin E Green
Greene Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris.B
Y Harris.J

Y Heard Y Henson
Herbert Y Holland
Holmes Howard Hudson Y Irwin
Y Jackson Y Jamieson
Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein
Y Ladd Y Lane,D
Lane,R Langford
Y Lawrence Y Lawson YLee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy
McKelvey McKinney.B McKinney.C Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry Pettit Pinholster Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Ricketson
Y Royal Selman
Y Sherrill
Y Simpson Y Sinkfield

Y Skipper Y Smith.L
Smith.P Y Smith.T
Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Thurmond
Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti
Y Vaughan Walker.J
Walker.L Wall Watson
Y Watts Y White
Wilder
Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 129, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

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

Mr. Speaker:

502

JOURNAL OF THE HOUSE,

Your Committee on Agriculture & Consumer 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 772 Do Pass
Respectfully submitted, M Reaves of the 147th
Chairman

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

HB 1471.

By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public transportation, so as to prohibit the sale, making, or possession of any altered coin, note, token, transaction card, or similar article to gain entry to a public transit terminal or vehicle and to prohibit the sale or exchange of any transit token, card, or similar article without the consent of certain public transit 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 roll call was ordered and the vote was as follows:

Y Abernathy Y Adams
Aiken Y Alford Y Ashe
Atkins Baker Balkcom Y Barfoot Y Bargeron Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Brown Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Griffin Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Heard Henson Herbert Y Holland Y Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Lane.R Langford Y Lawrence Y Lawson YLee Y Long Lord Lucas YMann Y Martin Y McBee McCoy Y McKelvey McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit Y Pinholster Pinkston YPoag Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Randall Ray Y Reaves Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 134, nays 0.

Y Skipper Y Smith.L Y Smith.P
Smith.T Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Thurmond Y Titus Y Tolbert Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin Murphy.Spkr

TUESDAY, FEBRUARY 11, 1992

503

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

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

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

HB 1262.

By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1991-1992.

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 1262.

By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1991-1992.

The following Senate substitute was read:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act", approved April 24, 1991 (Ga. L. 1991, p. 1944), as amended by an Act approved September 5, 1991 (Act EX 1, HB 1-EX), so as to change certain appropriations for the State Fiscal Year 1991-1992; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1991-1992, as amended, known as the "General Appropriations Act" approved April 24, 1991 (Ga. L. 1991, p. 1944), as amended by an Act approved September 5, 1991 (Act EX 1, HB 1-EX), is further amended by striking everything following the enacting clause through Section 84, 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, 1991, and ending June 30, 1992, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $7,390,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1992.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: General Assembly..........................................................$
Personal Services - Staff................................................................$ Personal Services - Elected
Officials.........................................................................................$

21,036,449 10,590,878
3,544,414

504

JOURNAL OF THE HOUSE,

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., Total Funds Budgeted..................... State Funds Budgeted......................

,651,927 98,000 7,000 0 232,000 461,000 5,000
720,000
241,389
1,291,841 65,000
.,128,000 .,036,449 ,036,449

Senate Functional Budgets

Total Funds

State Funds

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

$

4,020,978

$

641,986

$

1,090,330

$

5,753,294

4,020,978 641,986
1,090,330 5,753,294

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

$

8,220,569

$

422,159

$

1,079,944

$

9,722,672

8,220,569
422,159 1,079,944 9,722,672

Joint Functional Budgets

Total Funds

State Funds

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

$

2,234,983

$

1,331,848

$

837,481

$

1,156,171

$

5,560,483

2,234,983 1,331,848
837,481 1,156,171
5,560,483

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

TUESDAY, FEBRUARY 11, 1992

505

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 equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications.......................................................................! Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

15,180,703
12,656,721 394,333 627,149 104,000 9,486 800,006 37,000 450,433 101,575
15,180,703 15,180,703

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............,...............................................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$
State Funds Budgeted....................................................................$

4,524,014 4,060,772 1,105,242 5,166,014 4,524,014

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

5,559,826 4,909,826
650,000 5,559,826 5,559,826

Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council.....................................................$

42,939,712 41,490,769
1,624,597

506

JOURNAL OF THE HOUSE,

Sentence Review Panel ............................................... Council of Superior
Court Judges............................................................. 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 of Magistrate Court Judges............................................................. Payment to Council of Probate Court Judges............................................................. Payment to Council of State Court Judges............................................................. Payment to Resource Center...................................... Payment to Computerized Information Network............................................... 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..................................................
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........................................................................................

155,230 120,813 1,058,610 15,000 44,465,019 42,939,712
824,399
592,000 456,000 136,000 592,000 592,000
1,981,429 979,040
76,500 101,715 26,000 20,000 12,000 240,000 663,101 2,118,356 1,981,429
124,290
1,004,700
30,667,982 47,242,291 11,709,854
278,371

TUESDAY, FEBRUARY 11, 1992

507

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Rents and Maintenance Expense .................................................$ Utilities .............................................................................................$ Payments to DOAS Fiscal
Administration.............................................................................! Direct Payments to Georgia
Building Authority for Capital Outlay..............................................................................$ Direct Payments to Georgia Building Authority for Operations....................................................................................! Telephone Billings ..........................................................................$ Radio 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....................................................................!

111,000 1,506,330 7,799,681 3,694,231 1,687,807
441,800 10,751,716
38,550
2,750,000
0
90,000 41,921,344
122,748 16,500,000
0
33,840
0
0 0 0 146,679,563 30,667,982

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

470,700 2,486,743
8,460,426
16,848,281 2,803,237
778,077
492,727 46,319,306 3,648,650 52,789,598 6,697,574
1,702,998 1,167,411 2,013,835 146,679,563

470,700 2,453,409
5,710,426
0 2,803,237
0
492,727 12,887,483
0 5,850,000
0 0 0 0 30,667,982

B. Budget Unit: Georgia Building Authority................
Georgia Building Authority Budget:

508

JOURNAL OF THE HOUSE,

Personal Services........................ Regular Operating Expenses .... Travel........................................... Motor Vehicle Purchases.......... Equipment................................... Computer Charges...................... Real Estate Rentals................... Telecommunications.................. Per Diem, Fees and Contracts. Capital Outlay............................ Utilities........................................ Contractual Expense ................ Fuel............................................... Facilities Renovations
and Repairs............................. Total Funds Budgeted............... State Funds Budgeted...............

20,239,528 4,978,651
11,253 215,000 113,635 58,121 17,704 121,010 151,880
0 7,466,638
235,030 0
0 33,608,450
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds

$

Custodial

$

Maintenance

$

Security

$

Van Pool

$

Sales

$

Administration

$

Railroad Excursions

$

Facility Renovations

$

Total

$

1,838,922 5,129,450 4,558,081 5,136,371
397,582 5,456,180 9,499,593 1,592,271
0 33,608,450

Section 12. Agency for the Removal of Hazardous Materials.
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..................................

94,702
3,614,202 2,957,447
380,560 136,000 220,735
1,500 0
25,800 875,000
0 0 8,211,244 94,702

Section 13. Department of Agriculture. A. Budget Unit: Department of
Agriculture............................. State Operations Budget:
Personal Services........................................... Regular Operating Expenses ....................... Travel..............................................................

31,196,808
28,675,838 3,509,486
915,115

TUESDAY, FEBRUARY 11, 1992

509

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.......................................................................................? 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 ....................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

483,197 90,500 285,676 731,153 366,401 167,211 700,000
2,331,253
1,707,926 343,900 115,000 184,000
516,672
315,000 0
40,000 40,000 41,518,328 31,196,808

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

?

5,117,787

?

6,528,620

?

2,069,603

?

3,431,625

?

2,160,652

?

1,527,364

?

2,946,618

?

6,498,080

?

4,316,715

?

4,182,061

?

526,395

?

2,212,808

?

41,518,328

4,787,037 6,273,620 2,022,603 3,431,625 1,854,135 1,527,364 2,938,118
4,747,486 1,629,951
68,061 0
1,916,808 31,196,808

B. Budget Unit: Georgia Agrirama Development Authority.
Georgia Agrirama Development Authority Budget:
Personal Services..................................... Regular Operating Expenses.................
Travel........................................................ Motor Vehicle Purchases....................... Equipment................................................ Computer Charges................................... Telecommunications...............................

740,746 169,060
5,864 0
10,755 500
7,933

510

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts ......................................... Capital Outlay .................................................................... Goods for Resale................................................................ Total Funds Budgeted....................................................... State Funds Budgeted.......................................................

48,081 110,340 95,000 1,188,279
0

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.................................................. Equipment...........................................................................
Computer Charges.............................................................. Real Estate Rentals........................................................... Telecommunications.......................................................... Per Diem, Fees and Contracts......................................... Total Funds Budgeted....................................................... State Funds Budgeted.......................................................

6,918,628
5,703,028 285,026 287,873 101,700
25,334
239,550 216,893 54,724
4,500 6,918,628 6,918,628

Section 15. Department of Community Affairs. Budget Unit: Department of
Community Affairs ................................... State Operations Budget:
Personal Services................................................................ Regular Operating Expenses............................................ Travel ................................................................................... Motor Vehicle Purchases.................................................. Equipment........................................................................... Computer Charges.............................................................. Real Estate Rentals...........................................................
Telecommunications .......................................................... Per Diem, Fees and Contracts ......................................... Capital Felony Expenses................................................... Contracts with Regional
Development Commissions........................................... Local Assistance Grants.................................................... Appalachian Regional Commission
Assessment...................................................................... Community Development Block
Grants (Federal) ............................................................. Music Hall of Fame........................................................... Georgia Music Week Promotion...................................... Local Development Fund.................................................. Payment to State Housing
Trust Fund...................................................................... Payment to Georgia Environmental
Facilities Authority for Operations....................................................................... Total Funds Budgeted....................................................... State Funds Budgeted.......................................................

13,339,796
5,334,523 265,133 147,850 0 2,605 80,275 516,379 51,850 97,000 0
2,272,825 535,000
107,016
30,000,000 0 0
750,000
4,625,000
1,218,255 46,003,711 13,339,796

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative

10,108,512

8,778,047

TUESDAY, FEBRUARY 11, 1992

Government Management Financial Assistance Government Information Rural Development Coordinated Planning Total

$

1,107,026

$

31,965,604

$

1,184,247

$

476,761

$

1,161,561

$

46,003,711

Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation......................... Personal Services............................................ Regular Operating Expenses........................ Travel............................................................... Motor Vehicle Purchases.............................. Equipment....................................................... Computer Charges.......................................... Real Estate Rentals....................................... Telecommunications...................................... Per Diem, Fees and Contracts..................... Capital Outlay................................................ Utilities............................................................ Court Costs...................................................... County Subsidy.............................................. County Subsidy for Jails............................... 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............................. Total Funds Budgeted................................... Indirect DOAS Funding................................ Georgia Correctional Industries................... State Funds Budgeted...................................

Departmental Functional Budgets

Total Funds

Administration Institutions and Support Probation Total

$

52,165,459

$ 310,910,775

$

94,486,003

$ 457,562,237

B. Budget Unit: Board of Pardons and Paroles..........................
Board of Pardons and Paroles Budget: Personal Services................................. Regular Operating Expenses............. Travel ....................................................

511
1,107,026 966,641
1,134,247 455,761 898,074
13,339,796

444,785,036 337,706,195 39,179,731
1,363,230 1,595,500 2,911,976 3,178,252 4,585,639 3,672,412 2,478,136
0 12,562,648
486,000 13,688,850 4,300,000
874,000
3,721,000
1,297,891
444,500 1,600,000 21,769,528
46,749
100,000 0
457,562,237 450,000 0
444,785,036

State Funds

$

51,296,330

$ 309,582,998

$

83,905,708

$ 444,785,036

35,227,672
28,456,426 1,178,187
776,315

512

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Jail Subsidy........................................................................$ Health Services Purchases.............................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

0 150,753 390,576 2,347,294
991,321 303,000
608,800 25,000 35,227,672 35,227,672

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 ...............................................................$ Disaster Relief Payments...............................................................? Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4,821,635
8,264,580 4,258,955
73,307 0
40,300 15,325 6,260 153,473 171,633
1,044,200 55,000 40,000 0 0 0
14,123,033 4,821,635

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

$

1,286,214

$

3,396,696

$

3,374,518

$

6,065,605

$

14,123,033

1,201,890
952,956 509,610 2,157,179 4,821,635

Section 18. 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....................

2,806,726,174
38,298,356 4,106,945 1,167,804
0 434,002 3,792,309 2,457,175 1,455,897 13,149,856

TUESDAY, FEBRUARY 11, 1992
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 and
Professional Development.............. Media.................................................... Indirect Cost........................................ Pupil Transportation.......................... Local Fair Share.................................. Mid-Term Adjustment Reserve ........ QBE Grants Adjustment.................... Other Categorical Grants: Equalization Formula......................... Sparsity Grants.................................... In School Suspension.......................... Special Instructional Assistance....... Middle School Incentive.................... Special Education Low -
Incidence Grants.............................. Health Insurance Rate Adjustment. Non-QBE Grants: Education of Children of Low-
Income Families............................... Retirement
(H.B. 272 and H.B. 1321).............. Instructional Services for
the Handicapped............................. Tuition for the
Multi-Handicapped......................... Severely Emotionally Disturbed ....... School Lunch (Federal)...................... School Lunch (State).......................... Supervision and Assessment of
Students and Beginning Teachers and PerformanceBased Certification.......................... Regional Education Service Agencies .............................. Georgia Learning Resources System............................................... High School Program......................... Special Education in State Institutions............................. Governor's Scholarships.....................
Special Projects................................... Job Training Partnership Act...........
Vocational Research and Curriculum........................................

513
704,609 0
736,332,952 620,004,858 271,135,711 89,395,567
91,393,715 220,205,191 30,513,591 50,844,340
23,952,546 81,882,854 642,964,477 120,050,951 (571,249,433) 56,379,453 (64,429,448)
135,847,527 3,825,000 17,439,471 36,071,368 42,198,039
200,000 (37,882,551)
176,909,000
3,000,000
23,722,237
2,300,000 34,043,922 113,396,789 22,106,826
1,500,000
6,474,516
2,326,125 16,062,015
3,515,103 1,658,647
259,341 3,084,680
2,814,402

514

JOURNAL OF THE HOUSE,

Salaries and Travel of Public Librarians.................................................................
Public Library Materials........................................................ Talking Book Centers............................................................. Public Library M & 0............................................................ Child Care Lunch
Program (Federal)............................................................... Chapter II - Block Grant
Flow Through....................................................................... Payment of Federal Funds to
Board of Technical and Adult 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)............................................................................... Health Insurance - Non-Cert.
Personnel and Retired Teachers....................................... Pre-School Handicapped Program....................................... Mentor Teachers..................................................................... Nutrition Education Training............................................... Pre-Kindergarten Program.................................................... Duty-Free Lunch..................................................................... Total Funds Budgeted............................................................ Indirect DOAS Services Funding......................................... State Funds Budgeted............................................................

Education Functional Budgets

Total Funds

State Administration Instructional Programs Governor's Honors Program Administrative Services Special Services Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

$

4,452,656

$

24,407,819

$

1,305,460

$

9,898,069

$

9,488,974

$

803,672

$ 3,148,739,203

$

4,325,372

$

6,341,841

$

4,543,090

$ 3,214,306,156

Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement
System............................................. Employees' Retirement System Budget:
Personal Services.....................................................

9,524,498 3,374,253
845,450 3,841,862
16,787,825
10,041,960

11,701,897 2,075,000
150,000
5,164,950 11,828,795
100,000
100,000
3,715,615
232,000
49,583,875 9,025,816
365,625 30,000
0 0 3,214,306,156 340,000 2,806,726,174

State Funds

$

4,080,893

$

14,505,866

$

1,170,565

$

5,699,988

$

7,243,904

$

803,672

$ 2,759,006,302

$

4,124,547

$

6,107,354

$

3,983,083

$ 2,806,726,174

0 1,402,211

TUESDAY, FEBRUARY 11, 1992

515

Regular Operating Expenses ............ Travel................................................... Motor Vehicle Purchases .................. Equipment........................................... Computer Charges.............................. Real Estate Rentals........................... Telecommunications .......................... Per Diem, Fees and Contracts......... Benefits to Retirees........................... Total Funds Budgeted....................... State Funds Budgeted.......................

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......................... Ware County Grant for Southern
Forest World................................... Ware County Grant for Road
Maintenance.................................... Capital Outlay.................................... Total Funds Budgeted....................... State Funds Budgeted.......................

Forestry Commission Functional Budgets

Total Funds

Reforestation Field Services General Administration
and Support Total

2,364,294 32,330,898
2,662,310 37,357,502

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........................................................... Total Funds Budgeted..............................................

194,364 14,350
0 29,000 302,000 191,000 30,000 864,500
0 3,027,425
0
32,528,095
27,118,042 5,370,569
191,786 1,000,000 1,548,000
183,827 43,670 1,043,064 620,211
73,333
5,000
60,000 100,000 37,357,502 32,528,095
State Funds
885,894 29,179,891
2,462,310 32,528,095
35,307,253
27,029,944 2,463,040
550,832 565,374 543,383 1,134,651 1,857,515 1,397,255 796,431 459,804
0 36,798,229

516

JOURNAL OF THE HOUSE,

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

35,307,253

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

2,993,832 8,995,040 10,360,700
6,742,189 7,706,468 36,798,229

2,993,832

$

8,383,869

10,230,250

6,442,244 7,257,058 35,307,253

Section 22. 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 and Youth Grants................. Juvenile Justice Grants ........................ Payments to Hazardous Waste
Management Authority .................... Georgia Crime Victims
Assistance Program........................... Total Funds Budgeted.......................... State Funds Budgeted..........................

22,675,240 10,665,897
565,403 168,634
0 51,070 466,131 944,208 210,593 34,640,161 2,742,462 40,000 4,300,000 152,280 2,629,501 321,301 42,800
0 95,000 1,463,725
82,000
69,849 59,651,015 22,675,240

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 Council Criminal Justice
Coordinating Council

$

7,234,742

818,142

4,569,325 3,576,248 2,248,009 34,320,846

317,885

518,278

675,384

7,234,742
708,372
4,569,325 3,059,070 2,248,009
313,732
116,131
518,278
325,218

TUESDAY, FEBRUARY 11, 1992

517

Children and Youth Coordinating Council
Human Relations Commission Governor's Commission on Drug
Awareness and Prevention Professional Standards
Commission Total

1,937,599 159,114
546,510
2,728,933 59,651,015

694,316 159,114
2,728,933 22,675,240

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 ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Special Purpose Contracts.............................................................$ Service Benefits for Children........................................................$ Purchase of Service Contracts ......................................................$ Institutional Repairs
and Maintenance.........................................................................! Postage..............................................................................................$ Payments to DMA-Community Care...........................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

536,407,607
67,160,524 3,189,828 1,463,197
842,772 210,950 5,888,337 4,072,862 4,155,234 1,426,831 258,000 13,954,848 37,051,582
89,155 1,673,885 11,953,772 153,391,777
638,300 67,967,663

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Budget Administration Community/Intergovernmental
Affairs
Special Projects Office of Children
and Youth Planning Councils Community Services
Block Grant Administrative Policy Administrative Support
Service Facilities Management Administrative Appeals Regulatory Services
Program Direction and Support Child Care Licensing Health Care Facilities Regulation

723,701 1,753,584
544,916 494,000
13,954,848 516,307
8,978,459 208,407
13,294,509 5,010,551 1,819,756
740,733 2,670,440
6,935,855

723,701 1,753,584
544,916 494,000
13,435,004 156,253
0 208,407
12,339,483 3,547,367 1,819,756
730,733
2,670,440
1,896,226

518

JOURNAL OF THE HOUSE,

Fraud and Abuse Child Support Recovery Financial Services Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning
Agency
Total

5,851,262 35,849,222 5,240,959 1,934,889 1,862,599
0 468,753 43,105,846
1,432,181 153,391,777

2. Public Health Budget: Personal Services........................................................................ Regular Operating Expenses.................................................... Travel........................................................................................... Motor Vehicle Purchases.......................................................... Equipment...................................................................................
Real Estate Rentals................................................................... Per Diem, Fees and Contracts ................................................. Computer Charges...................................................................... Telecommunications.................................................................. Crippled Children's Benefits.................................................... Kidney Disease Benefits........................................................... Cancer Control Benefits............................................................ Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants........................................................................... Family Planning Benefits........................................................ Crippled Children's Clinics....................................................... Special Purpose Contracts........................................................ Purchase of Service Contracts ................................................. Grant-In-Aid to Counties........................................................., Postage......................................................................................... Grants for Regional Maternal and Infant Care.................................................... Total Funds Budgeted.............................................................. Indirect DOAS Services Funding ........................................... State Funds Budgeted...............................................................

Public Health Functional Budgets

Total Funds

District Health Administration
Newborn Follow-Up Care Dental Health Stroke and Heart
Attack Prevention Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Sexually Transmitted
Diseases Family Planning Malnutrition Grant in Aid to Counties

10,724,010 963,615
1,456,073
1,962,588
3,364,157
2,336,995
3,533,319 9,700,258 63,986,854 55,015,448

770,521 3,809,668 5,040,959 1,934,889 1,862,599 (6,775,794)
468,753 19,164,017
1,372,181 67,967,663
52,448,088 65,294,432
1,177,397 13,303 70,807
1,223,225 3,677,267
588,143 754,899 7,600,000 77,000 1,242,470
625,000 515,582 640,000 5,745,534 10,058,491 69,845,582 143,596
819,394 222,560,210
549,718 116,978,938
State Funds
10,594,335 761,440
1,245,898
1,432,588.
2,794,378
2,336,995
294,252 5,742,742
0 47,842,229

TUESDAY, FEBRUARY 11, 1992

519

Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis
Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Employees' Health Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management Aids Vaccines Total

$

12,307,125

$

2,927,609

$

1,273,785

$

982,976

$

712,477

$

2,428,563

$

4,694,952

$

3,420,278

$

6,910,322

$

872,781

$

690,155

$

2,333,243

$

926,128

$

316,788

$

1,069,350

$

1,770,844

$

854,385

$

1,045,670

$

5,441,157

$

3,362,137

$

484,686

$

6,198,063

$

8,493,419

$ 222,560,210

$

7,858,920

$

1,871,061

$

1,165,029

$

744,786

$

0

$

2,056,615

$

3,088,548

$

2,184,811

$

517,582

$

872,781

$

690,155

$

2,111,350

$

728,903

$

166,788

$

940,980

$

1,564,939

$

631,567

$

811,789

$

5,321,157

$

1,274,229

$

396,049

$

3,042,623

$

5,893,419

$ 116,978,938

3. Rehabilitation Services Budget: ..............................................$ ..............................................$
Travel .................................................. ..............................................$ ..............................................$ ..............................................$
Real Estate Rentals .......................... ..............................................$ ..............................................$ ..............................................$ ..............................................$ ..............................................$
E.S.R.P. Case Services...................... ..............................................$ ..............................................$ ..............................................$
Institutional Repairs ..............................................$ ..............................................$
Postage................................................ ..............................................$ Total Funds Budgeted...................... ..............................................$
..............................................$ it

65,052,754 11,242,407
735,924 62,815 354,895 3,375,732 4,800,825 1,914,666 1,374,338 16,679,991 27,000 696,834 7,417,996
234,000 872,224 510,068 115,352,469 100,000 20,152,947

Rehabilitation Services Functional Budgets

Total Funds

State Funds

District Field Services Independent Living Bobby Dodd Workshop Sheltered Employment Community Facilities State Rehabilitation
Facilities

$

36,756,026

$

552,690

$

454,728

$

1,598,911

$

6,177,911

$

7,201,625

$

7,337,401

$

349,402

$

283,661

$

756,597

$

3,210,901

$

1,440,323

520

JOURNAL OF THE HOUSE,

Diversified Industries of Georgia
Program Direction and Support
Grants Management Disability Adjudication Georgia Factory for
the Blind Roosevelt Warm Springs
Institute Total

720,630
3,720,614 684,280
25,103,011
11,355,065
21,026,978 115,352,469

4. Family and Children Services Budget:
Personal Services............................. Regular Operating Expenses......... Travel................................................ Motor Vehicle Purchases............... Equipment........................................ Real Estate Rentals........................ Per Diem, Fees and Contracts...... Computer Charges........................... Telecommunications ....................... Children's Trust Fund.................... Cash Benefits................................... Special Purpose Contracts............. Service Benefits for Children........ Purchase of Service Contracts ...... Postage.............................................. Grants to County DFACS -
Operations.................................... Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

Family and Children Services Functional Budgets

Total Funds

Director's Office Social Services Program Support Administrative Support Regional Administration Public Assistance Management Information
Systems AFDC Payments SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations
Eligibility County DFACS Operations
Social Services Food Stamp Issuance County DFACS Operations
Homemakers Services

755,927 2,704,795 3,139,514 5,095,012 3,434,352 4,037,158
20,136,045 428,595,508
100 1,908,666 6,917,000
99,955,408
70,237,475 2,637,600
7,196,928

0
1,100,556 684,280 0
711,192
4,278,634 20,152,947
13,889,915 1,549,483
338,633 0
72,355 246,861 4,453,589 17,410,215 1,249,522 998,044 436,567,274 3,509,760 85,900,089 1,960,051 2,064,694
226,082,976 796,293,461
2,339,882 331,308,059

State Funds

$

755,927

$

2,704,795

$

2,974,927

$

4,049,208

$

3,434,352

$

2,299,037

$

8,357,511

$ 164,239,500

$

100

$

0

$

0

$

49,867,353

$

21,832,966

$

0

$

1,824,920

TUESDAY, FEBRUARY 11, 1992

County DFACS Operations

Joint and Administration

i

County DFACS Operations

Employability Program

S

Employability Benefits

i

Legal Services

i

Family Foster Care

i

Institutional Foster Care

i

Specialized Foster Care

S

Adoption Supplement

i

Day Care

i

Home Management - Contracts

i

Outreach - Contracts

)

Special Projects

i

Children's Trust Fund

Commission

i

Indirect Cost

i

Total

(

Budget Unit Object Classes: Personal Services.................................... Regular Operating Expenses................ Travel....................................................... Motor Vehicle Purchases ...................... Equipment............................................... Real Estate Rentals ............................... Per Diem, Fees and Contracts............. Computer Charges.................................. Telecommunications .............................. Crippled Children's Benefits................ Kidney Disease Benefits ....................... Cancer Control Benefits........................ Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants....................................... Family Planning Benefits ..................... Case Services........................................... E.S.R.P. Case Services........................... Crippled Children's Clinics.................. Children's Trust Fund........................... Cash Benefits.......................................... Special Purpose Contracts.................... Service Benefits for Children ............... Purchase of Service Contracts ............. Grant-In-Aid to Counties..................... Institutional Repairs and Maintenance................................ Utilities.................................................... Postage..................................................... Payments to DMA-Community Care. Grants for Regional Maternal and Infant Care.................................. Grants to County DFACS Operations ...........................................

B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and

44,126,698
4,566,467 7,002,811 1,665,067 32,665,918 4,578,877 1,089,523 5,353,680 36,084,555
48,334 228,334 1,018,591
1,113,118 0
796,293,461

521
21,379,319
1,750,392 2,344,916 1,309,379 23,850,878 3,728,905 1,050,782 3,773,991 13,915,983
48,334 228,334 996,233
1,113,118 (6,523,101) 331,308,059
198,551,281 81,276,150 3,715,151
918,890 709,007 10,734,155 17,004,543 24,068,258 4,805,590 7,600,000 77,000 1,242,470
625,000 515,582 16,679,991 27,000 640,000 998,044 436,567,274 10,210,128 99,854,937 56,488,120 69,845,582
323,155 872,224 4,392,243 11,953,772
819,394
226,082,976

522

JOURNAL OF THE HOUSE,

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 ............................................. Authority Lease Rentals................ Institutional Repairs and
Maintenance................................. Grants to County-Owned
Detention Centers....................... Substance Abuse
Community Services................... Mental Retardation
Community Services................... Mental Health
Community Services................... Community Mental Health
Center Services............................ Special Purpose Contract............... Service Benefits for Children........ Purchase of Service Contracts ...... Medicaid/Medicare Certification
Contingency.................................. Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

479,026,933
391,662,514 38,856,368
1,066,496 125,000
1,387,977 4,113,135 1,211,440 3,041,550 6,535,123 13,677,134
0
1,635,606
2,540,400
41,285,715
90,523,406
19,269,403
57,782,864 797,118
4,940,940 349,164
250,000 681,051,353
2,404,100 479,026,933

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

39,604,408 30,866,453
31,266,479
23,944,662
29,305,862
29,821,961 130,234,305
24,736,003
45,626,763
23,127,862 3,292,893

22,938,262 11,259,270
24,852,174
20,517,874
21,521,150
20,589,472 76,931,126
19,826,039
19,760,157
18,123,287 2,467,169

TUESDAY, FEBRUARY 11, 1992

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 Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/ Interstate Compact Assessment and Classification Youth Services Administration Medicaid/Medicare Certification Contingency Total

9,584,500
4,628,395
719,329
68,711,404 18,935,921
701,283 479,632 1,100,019
57,782,864 372,125
1,407,237
272,971 333,482
3,918,597
16,399,668
88,773
9,106,214
19,761,003 10,852,740 7,326,864 4,392,332 4,121,563 13,901,297 2,907,220
937,067 712,242 6,045,345
763,027
446,438
2,264,150
250,000 681,051,353

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..............................................
Equipment.......................................................................

523
9,408,192
2,984,414
0
40,975,404 16,752,691
674,408 479,632 1,100,019
47,993,721 372,125
1,197,237
272,971 333,482
3,918,597
16,399,668
88,773 4,923,526
19,090,503 10,486,281 7,243,635 3,775,202 3,543,686 13,901,297 2,907,220
937,067 712,242 6,045,345
763,027
446,438
2,264,150
250,000 479,026,933
15,453,602
7,527,570 1,299,368
281,803 26,000 35,531

524

JOURNAL OF THE HOUSE,

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 ..........................................................................................$
Contract - Georgia Association of Broadcasters ............................................................................$
Southern Center for International Studies ..................................................................$
Lanier Regional Watershed Commission ..................................................................................$
Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

110,278 800,633 208,796 238,580 129,500
4,380,667
1,445,000
0
0
0
0
0
0 0 16,483,726 15,453,602

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

4,086,782

$

5,075,704

$

7,321,240

$

16,483,726

$

3,266,782

$

4,915,704

$

7,271,116

$

15,453,602

Section 25. 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......................................................! Health Care Utilization Review....................................................!
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

12,150,922
10,496,153 583,301 510,602 0 105,546 268,816 520,761 249,625 51,600 100,000
12,886,404 12,150,922

Department of Insurance Functional Budgets

Total Funds

State Funds

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

!

2,383,152

!

5,665,054

!

602,654

!

4,235,544

$

2,383,152

$

5,535,054

$

602,654

$

3,630,062

TUESDAY, FEBRUARY 11, 1992

525

Total

$

12,886,404

$

12,150,922

Section 26. 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....................................................................$

6,173,541
63,221,658 5,481,591 1,014,839
0 468,869 3,772,454 1,259,182 1,260,815
65,281,260 2,827,168 0 1,774,078 2,800,000
149,161,914 6,173,541

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Services Total

$

5,637,366

$

18,657,136

$ 124,867,412 $ 149,161,914

$

643,168

$

2,913,095

$

2,617,278

$

6,173,541

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

8,475,028
7,695,808 367,147 111,057 0 11,205 169,406 462,241 98,164 60,000 110,000
9,085,028 8,475,028

Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$

789,034,026
12,562,656 555,717 98,000 0 33,290
18,381,115 935,973 431,058

526

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts. Medicaid Benefits, Penalties
and Disallowances.................. Payments to Counties for
Mental Health......................... Audit Contracts.......................... SFY 1991 Medicaid Benefits,
Penalties and Disallowances. Total Funds Budgeted............... State Funds Budgeted...............

50,395,285
1,940,338,960
39,140,013 772,500
246,033,809 2,309,678,376
789,034,026

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

48,119,781

$

Benefits, Penalties

and Disallowances

$ 2,225,512,782

$

Community Services

$

1,143,575

$

Systems Management

$

20,439,367

$

Professional Services

$

1,628,872

$

Program Compliance

$

4,223,369

$

Institutional Policy

and Reimbursement

$

8,184,728

$

Maternal and Child Health

$

425,902

$

Total

$ 2,309,678,376

$

B. Budget Unit: Indigent Trust Fund................................................$

Indigent Trust Fund Budget:

Per Diem, Fees and Contracts ......................................................$

Benefits.......... ...................................................................................$

Total Funds Budgeted....................................................................$

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

2,669,231
774,804,005 344,419
5,574,898 585,482
1,541,810
3,368,386 145,795
789,034,026 95,607,241
682,100 249,257,433 249,939,533 95,607,241

Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ........................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications......................................................................^ Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................! Other Agency Funds.......................................................................$ Agency Assessments........................................................................$ Employee and Employer
Contributions ...............................................................................$ Deferred Compensation..................................................................$ State Funds......................................................................................$

0
8,000,752 1,647,665
84,509 53,553 918,326 92,025,948 2,744,579 299,927 613,182,892 718,958,151 17,000 9,267,537
709,545,696 127,918 0

Merit System Functional Budgets

Total Funds

State Funds

Commissioner's Office Applicant Services

1,575,957 2,540,398

TUESDAY, FEBRUARY 11, 1992

Classification and Compensation
Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Total

1,157,755 1,258,887
1,261,930
25,819,672 682,855,136
2,488,416 718,958,151

Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel. ...............................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment. ................................................................................,......$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................! Authority Lease Rentals ................................................................$ Advertising and Promotion............................................................I Cost of Material for Resale ...........................................................$ Capital Outlay: New Construction............................................................................$ Repairs and Maintenance ..............................................................$ Land Acquisition Support .............................................................$ Wildlife Management Area Land Acquisition .......................................................................................$ Shop Stock - Parks...........................,.............................................$ User Fee Enhancements.................................................................$ Buoy Maintenance ..........................................................................$ Waterfowl Habitat ..........................................................................$ Paving at State Parks and
Historic Sites................................................................................$ Grants:
Land and Water Conservation......................................................$ Environmental Facilities................................................................! Historic Preservation......................................................................! Recreation.........................................................................................! Contracts: Georgia Special Olympics..............................................................! Georgia Sports Hall of Fame.........................................................! Technical Assistance Contract......................................................! Corps of Engineers (Cold Water
Creek State Park)........................................................................! Georgia Rural Water
Association....................................................................................! Georgia State Games Commission................................................! U. S. Geological Survey for
Ground Water Resources...........................................................! U.S. Geological Survey for
Topographic Mapping ................................................................$ Payments to Georgia Agricultural

527
62,820,656
59,043,999 11,130,908
405,734 1,857,013 1,868,915 1,816,335 1,016,553
620,982 1,026,838
227,000 150,000 2,350,000
100,000 1,555,734
211,500
530,000 300,000 1,247,478 20,000
0
400,000
800,000 0
239,112 0
179,117 0
108,687
175,000
10,000 123,824
300,000
0

528

JOURNAL OF THE HOUSE,

Exposition Authority ..................................................................$ Georgia Boxing Commission..........................................................$ Total Funds Budgeted....................................................................$ Receipts from Jekyll Island
State Park Authority ..................................................................$ Receipts from Stone Mountain
Memorial Association .................................................................$ Indirect DOAS Funding.................................................................$ State Funds Budgeted....................................................................$

1,998,560 5,000
89,818,289
314,594
724,572 200,000 62,820,656

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and
Historic Sites Coastal Resources Game and Fish Environmental Protection Total

$

6,783,027

$

33,706,891

$

1,720,416

$

27,432,758

$

20,175,197

$

89,818,289

$

4,244,892

$

17,148,523

$

1,625,416

$

23,287,628

$

16,514,197

$

62,820,656

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................$
Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

0
1,336,328 1,215,367
21,600 20,000 76,600 28,500
0 18,000 395,340
0 3,111,735
0

Functional Budget

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

3,111,735

$

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 ...............................................................$ Equipment. .......................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ State Patrol Posts Repairs
and Maintenance .........................................................................$

79,125,990
45,792,359 7,300,576
112,942 2,010,000
340,952 0
40,501 588,164 194,650
150,000

TUESDAY, FEBRUARY 11, 1992

Capital Outlay ................................ Total Funds Budgeted................... Indirect DOAS Service Funding.. State Funds Budgeted...................

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............ Total Funds Budgeted.................. Indirect DOAS Service Funding. State Funds Budgeted..................

Public Safety Functional Budgets

Total Funds

Administration Driver Services Field Operations Total

$

11,021,910

24,245,846

45,508,234

80,775,990

B. Budget Unit: Units Attached for Administrative Purposes Only.......
1. Attached Units Budget: Personal Services............................ Regular Operating Expenses........
Travel............................................... Motor Vehicle Purchases..............
Equipment....................................... Computer Charges.......................... Real Estate Rentals....................... Telecommunications..................... Per Diem, Fees and Contracts.... Peace Officers Training Grants .. Capital Outlay............................... Total Funds Budgeted.................. State Funds Budgeted..................

2. Office of Highway Safety Budget: Personal Services............................. Regular Operating Expenses......... Travel............................................... Motor Vehicle Purchases.............. Equipment....................................... Computer Charges.......................... Real Estate Rentals........................ Telecommunications...................... Per Diem, Fees and Contracts.....

529
0 56,530,144
150,000 56,380,144
16,096,823 1,691,350
21,883 0
78,497 4,411,000
37,507 576,836 85,350
0 265,000 981,600 24,245,846 1,500,000 22,745,846
State Funds
11,021,910 22,745,846 45,358,234 79,125,990
12,720,097
7,279,637 2,287,929
106,464 26,460 129,131 416,291 95,366 142,163 674,662 2,604,356
0 13,762,459 12,420,462
443,906 33,330 11,328
0 800 45,874 75,078 4,600 37,540

530

JOURNAL OF THE HOUSE,

Highway Safety Grants. Total Funds Budgeted... State Funds Budgeted...

3,500,000 4,152,456
299,635

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

$

4,152,456

$

4,534,987

$

1,125,042

$

1,191,770

$

418,372

$

0

$

6,492,288

$

17,914,915

$

299,635

$

4,508,527

$

958,382

$

1,111,770

$

418,372

$

0

$

5,423,411

$

12,720,097

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

9,851,433
441,433 9,410,000 9,851,433 9,851,433

Section 33. Public Service Commission. Budget Unit: Public Service
Commission............................. Departmental Operations Budget:
Personal Services............................................ Regular Operating Expenses........................ Travel............................................................... Motor Vehicle Purchases.............................. Equipment....................................................... Computer Charges.......................................... Real Estate Rentals....................................... Telecommunications...................................... Per Diem, Fees and Contracts ..................... Total Funds Budgeted................................... State Funds Budgeted...................................

6,767,298
6,007,361 365,529 180,334 58,260 12,523 252,050 294,458 114,366 898,115
8,182,996 6,767,298

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,582,117

$

3,001,671

$

3,599,208

$

8,182,996

$

1,582,117

$

1,699,695

$

3,485,486

$

6,767,298

Section 34. Board of Regents, University System of Georgia.

TUESDAY, FEBRUARY 11, 1992
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................................. Capital Outlay...................................... 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 ............................ Direct Payments to the Georgia
Public Telecommunications Commission for Operations............. Total Funds Budgeted......................... Departmental Income.......................... Sponsored Income................................ Other Funds..........................................

531
737,409,957
858,005,430 112,628,630
192,410,753 125,986,366
5,625,000
298,647 324,345 284,292 18,043,465 1,313,606,928 31,702,402 238,614,996 302,852,273 3,027,300 737,409,957
133,326,565
213,153,356 69,540,893
116,838,276 37,571,199
51,750 1,848,086
1,394,187
2,635,415 2,439,285
149,391
1,520,635 7,778,575 1,014,026
564,000 188,000
781,416
231,300
6,152,279 463,852,069
0 111,220,021 218,749,783

532

JOURNAL OF THE HOUSE,

Indirect DOAS Services Funding. State Funds Budgeted....................

555,700 133,326,565

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

$

1,906,473

$

3,536,045

$

1,305,407

$ 127,573,810

$

7,161,086

$

48,442,115

$

42,872,081

$ 193,755,430

$

2,468,373

$

2,303,303

$

5,865,669

$

2,450,164

$

3,049,212

$

21,162,901

$ 463,852,069

1,369,685 1,350,517
854,684 11,750,474 1,867,348 31,581,603 26,236,269 28,557,028 2,468,373
452,014 5,865,669
0 0 20,972,901 133,326,565

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

6,820,748 7,168,653 13,989,401 13,989,401
0

Section 35. Department of Revenue. Budget Unit: Department of Revenue...... Operations Budget:
Personal Services..................................... Regular Operating Expenses................. Travel........................................................ Motor Vehicle Purchases....................... Equipment................................................ Computer Charges................................... Real Estate Rentals................................ Telecommunications............................... Per Diem, Fees and Contracts..............

67,997,842
46,318,640 4,257,943 1,245,050
0 290,955 8,740,450 2,036,891 657,245 267,625

TUESDAY, FEBRUARY 11, 1992

533

County Tax Officials/Retirement and PICA ......................................................................................$
Grants to Counties/Appraisal Staff.. .............................................................................................$
Motor Vehicle Tags and Decals....................................................$ Postage..............................................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

2,327,000
0 2,585,175 3,235,868 71,962,842 3,845,000 67,997,842

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 State Board of Equalization Total

4,369,008 9,832,657 5,764,090 15,842,417 7,868,878 14,662,377
6,440,830
3,029,985 4,105,748
46,852 71,962,842

4,369,008 9,632,657 5,546,090 15,542,417 6,911,878 13,030,377 6,440,830 2,828,985 3,648,748
46,852 67,997,842

Section 36. Secretary of State. Budget Unit: Secretary of State..........................................................$
Personal Services......... ....................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases .......... Equipment.. ................................. Computer Charges.. .................... Real Estate Rentals ................... Telecommunications .................. Per Diem, Fees and Contracts . Election Expenses ...................... Total Funds Budgeted............... State Funds Budgeted...............

21,163,744 14,852,113 1,950,296
174,350 0
26,761 858,111 2,282,731 200,095 719,287 600,000 21,663,744 21,163,744

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

$

3,034,874

$

4,439,985

$

3,935,422

$

1,281,524

$

951,497

$

181,709

$

7,838,733

$

21,663,744

2,894,874 4,364,985
3,840,422
1,245,524 897,497 181,709
7,738,733
21,163,744

B. Budget Unit: Real Estate Commission. Real Estate Commission Budget:
Personal Services..................................... Regular Operating Expenses.................

1,834,806
1,007,626 153,900

534

JOURNAL OF THE HOUSE,

Travel........................................... Motor Vehicle Purchases.......... Equipment................................... Computer Charges...................... Real Estate Rentals................... Telecommunications.................. Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted...............

15,000 44,000 12,500 329,330 113,700 24,000 134,750 1,834,806 1,834,806

Real Estate Commission Functional Budget

Real Estate Commission

State Funds

$

1,834,806

Cost of

Operations

$

1,874,806

Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water
Conservation Commission................................. Soil and Water Conservation Budget:
Personal Services......................................................................... Regular Operating Expenses..................................................... Travel............................................................................................ Motor Vehicle Purchases...........................................................
Equipment.................................................................................... Computer Charges....................................................................... Real Estate Rentals.................................................................... Telecommunications................................................................... Per Diem, Fees and Contracts.................................................. County Conservation Grants..................................................... Total Funds Budgeted................................................................ State Funds Budgeted................................................................

1,700,695
894,258 107,727 56,975
0 12,557
6,846
56,218 18,676 477,421 449,198 2,079,876 1,700,695

Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission.......................................................... Administration Budget:
Personal Services......................................................................... Regular Operating Expenses..................................................... Travel............................................................................................ Motor Vehicle Purchases...........................................................
Equipment....................................................................................
Computer Charges....................................................................... Telecommunications................................................................... Per Diem, Fees and Contracts.................................................. Real Estate Rentals.................................................................... 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...................................................................

21,882,053
4,767,718 401,011 81,800 0 21,000 371,000 147,800 38,000 18,000 296,017
4,076,000 13,790,142 4,728,461
36,000
95,500 162,000
462,030
398,784

TUESDAY, FEBRUARY 11, 1992

535

Total Funds Budgeted.. State Funds Budgeted..

29,891,263 21,882,053

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

5,339,364
296,017
23,748,917
506,965 29,891,263

0
0
21,377,870
504,183 21,882,053

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....................................................................$
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

3,700,000
3,191,881 319,860 26,650 16,000
1,078,000 301,000 113,978
330,000
3,000,000
700,000 9,077,369 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:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel. ...............................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Personal Services-Institutions.......................................................$ Operating Expenses-Institutions...................................................$ Capital Outlay .................................................................................$ Quick Start Program ......................................................................$ Area School Program......................................................................$ Regents Program.............................................................................$ Adult Literacy Grants ....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

119,154,811
3,604,265 347,841 104,750 0 13,000 218,970 495,110 144,000 555,526
83,703,023 18,525,922
0 5,927,866 23,625,320 2,612,148 8,657,535 148,535,276 119,154,811

536

JOURNAL OF THE HOUSE,

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

5,483,462

$

143,051,814

$

148,535,276

$

3,746,108

$

115,408.703

$

119,154,811

Section 41. Department of Transportation. Budget Unit: Department of
Transportation.............................. For Public Roads and Bridges 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....................................................... 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.......................................... Total Funds Budgeted.......................................... State Funds Budgeted..........................................

416,758,626
220,636,017 60,139,571
1,635,678 500,000
4,356,489 4,538,721 1,355,827 2,007,701 9,707,746 579,551,371
925,335
875,000 8,141,520
837,000
895,207,976 416,758,626

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

625,933,089 225,118,721
7,099,748 22,187,157 880,338,715

$

167,858,089

$ 213,878,721

$

6,499,748

$

21,642,157

$ 409,878,715

General Funds Budget

Total Funds

State Funds

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

0 1,279,474
11,891,502
837,000 861,285 14,869,261

0 955,211
4,226,415
837,000 861,285 6,879,911

TUESDAY, FEBRUARY 11, 1992

537

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.........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

20,942,949
4,365,624 107,713 62,983 0 32,620 10,795 231,872 53,760 23,100 0
14,912,640
5,878,566
131,100 25,810,773 20,942,949

Veterans Service Functional Budgets

Total Funds

State Funds

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

4,865,017
15,043,190
5,902,566 25,810,773

$

4,649,988

$

11,823,202

$

4,469,759

$

20,942,949

Section 43. 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 ........................................................................................$ Payments to State Treasury..........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8,469,587
6,524,668 304,468 63,540 0 2,687 210,673 984,835 101,250 116,315
30,151 241,000 8,579,587 8,469,587

Section 44. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) ...............................$

251,163,218

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Motor Fuel Tax Funds (Issued) ...........................$

70,000,000 321,163,218

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ..................................$ Motor Fuel Tax Funds (New) ..............................$

24,326,020 9,260,000 33,586,020

Section 45. State of Georgia Guaranteed Revenue Debt Common Reserve Fund.
Budget Unit: State of Georgia
Guaranteed Revenue Debt Common
Reserve Fund (Issued) ...........................................$

5,000,000

In addition to all other appropriations for State Fiscal Year 1992, there is appropriated the sum of $4,630,000 for payment into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the Georgia Environmental Facilities Authority for loans to local governments for "sewerage facilities" and "water facilities" as defined in the Act of the Authority. The maximum principal amount of the specific issue shall not exceed $50,000,000; the amount of the highest annual debt service shall not exceed the amount of this appropriation, and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.

Section 46. 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 47. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court
of Appeals of the State of Georgia, including salaries and retirement contributions for
judges and employees of the Court.

Section 48. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.

Section 49. 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 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial

TUESDAY, FEBRUARY 11, 1992

539

Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 51. 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 52. Provisions Relative to Section 11, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is designated and committed for youth programs and activities.
Section 54. Provisions Relative to Section 15, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Section 55. Provisions Relative to Section 16, Department of Corrections. It is the intent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded probation positions and related costs.
It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991 when possible.
Provided, that the Department shall require the same qualifications for contract chaplains as that for classified merit system positions with the same job duties.
Section 56. 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 $1,647.07 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 1992.
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,

540

JOURNAL OF THE HOUSE,

seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SPY 1992 on the basis of one eighteenth 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 SPY 1992 that it contributed during SPY 1991.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information system and the electronic information network are considered to be for the same purpose.
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.
Provided, that of the above appropriation relative to Staff Development/Professional Development, $100,000 is designated and committed for the purpose of School Board Training.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited public high schools.
It is the intent of this General Assembly that the services currently provided by the Regional Directors to local schools be continued by the Department of Education in any reorganization plan. The General Assembly intends to review the Department's reorganization of regional services prior to and during the 1992 regular session.
It is the intent of this General Assembly that the Department of Education shall establish a State Field Director in Atlanta; Regional Coordinators in Athens, in Tifton, and in Swainsboro; and secretarial positions for each of the above, all for the purpose of agricultural education.
Section 57. Provisions Relative to Section 19, Employees Retirement Sys tem. The Employees Retirement System is authorized to increase the employer contribution rate by nine one-hundredths of one percent of salaries to fund the following:
1.) A one and one-half percent cost-of-living increase effective July 1, 1991. 2.) A one and one-half percent cost-of-living increase effective January 1, 1992.
Section 58. Provisions Relative to Section 20, Forestry Commission. It is the intent of the General Assembly that the Page/Walker Nursery remain open.
Section 59. Provisions Relative to Section 22, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than Departmental internal forms.
Section 60. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.09< 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:

TUESDAY, FEBRUARY 11, 1992

541

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 each MH-MR-SA institution for fiscal year 1992 that was authorized in fiscal year 1987.
Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand community placements in order to secure additional federal Medicaid funding.
It is the intent of this General Assembly that increased funds for the PEACH program be distributed to those counties that have initiated the PEACH program with local funding, and to increase statewide participation from 7% to 11% of the AFDC population.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1992 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physically or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Continuum for Juvenile Offenders. Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department.
Child day care as provided by the federal Child Care Bill.
Provided, that Central State Hospital is authorized to expend $200,000 of the existing appropriation for the purchase of Clozapine tablets to be used in the treatment of schizophrenic clients.
Provided that, in the event funding from the Ryan White Comprehensive AIDS Resource Emergency (Care) Act of 1990 is not appropriated at the level applied for, the Department of Human Resources is authorized and directed to contract with the Visiting Nurse Association, Grady AIDS Clinic, and AID Atlanta for a period of nine months rather than twelve months.
Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting.
It is the intent of this General Assembly that no funds directed to the Department of Veterans Services for payments to Central State Hospital shall be redirected or used by the Department of Human Resources for any function other than the Veterans Nursing Home at Central State Hospital.

542

JOURNAL OF THE HOUSE,

It is the intent of this General Assembly that the Department of Human Resources continue the Huntington Disease program through the assignment of existing personnel to the program.
It is the intent of this General Assembly that all previously allocated Drug Block Grant funds for the Fetal Alcohol Program ($247,660) be used, along with the $24,458 state appropriations to continue the fetal alcohol program at its current level.
Section 61. Provisions Relative to Section 25, Department of Insurance. It is the intent of this General Assembly that the Office of Planning and Budget and the Commissioner of Insurance shall devise a plan and schedule for the implementation of Code . 33, Chapter 46. This Plan shall include, but not be limited to, the development of utilization review standards, rules and regulations, fee schedule, and staffing levels. Upon completion of the Plan any remaining funds from the $100,000 herein appropriated may be used by the Department of Insurance to implement the Plan.
Section 62. Provisions Relative to Section 28, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
Section 63. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $155.00 per merit system budgeted position for the cost of departmental operations.
Each agency and department head shall cause to be filed with the chairman and each member of the House and Senate Appropriations Committees at their legislative offices on the first day of each month beginning September 1, 1991, the name, position, race, and gender of each employee who is terminated or reassigned as a result of the reduction in funds and positions enacted by this Act and, in the case of reassignment, the position to which such employee was reassigned.
If any officer or employee of any department, agency, or other institution of state government is separated from state employment as a result of the budgetary reductions provided for in this Act and such officer or employee therefore becomes entitled to an involuntary separation retirement or pension benefit, then no department, agency, or other institution of state government shall contract with such former officer or employee, directly or indirectly, for the rendering of personal services by or under the direction of such former officer or employee. Likewise, no department, agency or other institution shall contract for the rendering of personal services by any other entity, if the former officer or employee will play a substantial role in the contracting for or delivery of such personal services or will derive a substantial financial benefit from the contract.
Employees whether in the classified service or are serving in an unclassified position who are so employed on the effective date of this Act and who are laid off as a result of budget reductions in this amendatory Act to the "General Appropriations Act" for State Fiscal Year 1991-1992 shall retain status in and will have the right to be reinstated to a position in the class in their competitive area for a period of two years from the date of separation. The reinstatement shall be in inverse order to the order of layoff. A refusal by the employee of reinstatement upon reasonable notice by the appointing authority nullifies the right to reinstatement under this provision.
It is the intent of this General Assembly that the rates of the employer contributions to the state-administered health insurance plans for teachers, non-certified school personnel and state employees be reduced so that the amount of direct and indirect State Funds contributed in the final five months of SFY 1992 will be at least $62,000,000 less than would have been the case without such rate reductions.

TUESDAY, FEBRUARY 11, 1992

543

Section 64. 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.
Provided that of the funds appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991.
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 Office of Planning and Budget is authorized to use 50 percent of the excess receipts to supplant State funds and 50 percent may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 65. Provisions Relative to Section 31, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accordance with the Rules and Regulations issued by the Commissioner of Public Safety.
Section 66. Provisions Relative to Section 34, Board of Regents, Univer sity 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.
To reduce funding for Resident Instruction; the Board of Regents has flexibility in the application of reduced funding. However, the Governor recommends that teacher education and nursing programs be continued to the maximum extent possible as part of the Special Funding Initiative and that the Board of Regents begin the process of increasing fees for continuing education programs.
It is the intent of this General Assembly that a preliminary study will be conducted by July 1, 1992 to determine the economic feasibility of converting Valdosta State College to University status.
Section 67. Provisions Relative to Section 36, Secretary of State. It is the intent of this General Assembly that the Secretary of State be given flexibility in making the position reductions recommended by the Governor.
Provided, that of the funds appropriated for Occupational Certification, $60,000 is authorized for board member participation at conferences related to professional regulation.
Section 68. 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 Technical and Adult Education.
Provided, that of the funds appropriated for the Quick Start Program, $50,000 is designated and committed to compensate Southeastern Paper Company for prior year projects.
Section 69. Provisions Relative to Section 41, Department of Transporta tion. 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

544

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 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 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.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $495,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 70. In addition to all other appropriations for the State fiscal year ending June 30, 1992, 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 $9,320,000 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 ($9,200,000 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 departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 71. 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

TUESDAY, FEBRUARY 11, 1992

545

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 72. 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 vehicles 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 73. 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 noncomplaince with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 74. 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 75. 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 76. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 77. 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.

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Section 78. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 79. (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 1991 Regular Session, as amended by the Governor's budget recommendations as submitted to the General Assembly at the August, 1991 extraordinary session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 80. 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 81. 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

TUESDAY, FEBRUARY 11, 1992

547

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 82. 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 new issues of general obligation 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 two hundred forty months.

Construction of Public Libraries
Local School Construction and Planning Grants
Governor's Road Improvement Program
Board of Regents -Capital Outlay for Various Institutions
Installation or Replacement of Fire Alarm Systems at Mental Hospitals and Youth Development Centers
Installation or Replacement of HVAC Systems in Mental Hospitals and Youth Development Centers
Roofing Projects at Various DHR Hospitals and Facilities
Renovate and Replace Mechanical and Utility Systems at Various DHR Hospitals
Construction of Connecting Bridge at the Georgia World Congress Center
Renovation of the Trinity Washington Building
Classrooms, Land Acquisition, Design, Equipment and Renovations at Various Technical and Adult Institutions
Communications Equipment for the Public Telecommunications Commission
Construction Funding and Equipment for the Board of Regents (Georgia Research Alliance)

Principal Amount

$

3,505,000

140,000,000

100,000,000

68,911,600

2,100,000

2,015,000 3,095,000 2,790,000 3,000,000 12,700,000

Debt Service
324,563 12,964,000 9,260,000 6,381,215
194,460
186,589 286,597 258,354 277,800 1,176,020

9,658,400 1,425,000 13,500,000

894,367 131,955 1,250,100

Section 83. Other Budget Adjustments To reflect rate reduction in health

(62,000,000)

Section 84. TOTAL STATE FUND APPROPRIATIONS

548

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State Fiscal Year 1992....................................................................$

7,551,311,790

Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 86. 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 Coleman of the 118th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1262 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Coleman of the 118th, Walker of the 115th and Buck of the 95th.

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

HB 1369.

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 require additional information on certain lists of electors; to authorize certain absentee electors to make applications for absentee ballots by facsimile transmission.

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

Y Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Brooks Brown Y Brush Y Buck

Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings.B Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S

Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt N Godbee Y Golden Y Goodwin E Green Y Greene
Griffin Y Groover Y Hamilton Y Hammond
Manner Harris.B Y Harris.J Y Heard Y Henson Y Herbert

Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long
Lord Y Lucas Y Mann Y Martin

Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Oliver,M Y Orr Y Orrock Padgett Y Parham Y Parrish Patten Y Pelote Y Perry Y Pettit

TUESDAY, FEBRUARY 11, 1992

549

Y Pinholster Pinkston
Y Poag Porter
Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall
Y Ray

Y Reaves Redding Ricketson
Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P

Y Smith.T Y Smith.W
Y Smyre Snow Stancil.F
Y Stancil.S Y Stanley
Streat Y Taylor
Teper Y Thomas.C

Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J

Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 145, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Teper of the 46th 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 1371.

By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to change certain provisions relating to 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 roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Y Barfoot Bargeron
Y Barnett.B Y Barnett.M
Y* Bates Y Beatty Y Benefield
Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush YBuck Y Buckner YByrd Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene
Griffin Groover
Y Hamilton Y Hammond Y Hanner
Harris.B Y Harris.J

Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee Y Long
Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M
Y Orr Y Orrock
Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag
Porter
Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 147, nays 1.

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre
Snow
Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

550

JOURNAL OF THE HOUSE,

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

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

TUESDAY, FEBRUARY 11, 1992

551

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 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1991-1992.
The President has appointed on the part of the Senate the following Senators: Garner of the 30th, Deal of the 49th and Johnson of the 47th.
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 1565 Do Pass, by Substitute HB 1372 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 28th
Chairman
By unanimous consent, the following Resolution of the House was read and referred to the Committee on Education:
HR 842. By Representative Elliott of the 103rd: A resolution urging the State Department of Education to refrain from using or supporting the use of any course materials or instructional methods which advocate or condone violations of the laws of this state.
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 1624. By Representatives Pettit of the 19th, Watson of the 114th, Herbert of the 76th and Flynt of the 75th:
A bill to amend Chapter 6 of Title 46 of the Official Code of Georgia Annotated, relating to radio common carriers, so as to provide an exception to the establishment of competing or duplicative radio utility service in an established area.
Referred to the Committee on Industry.

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JOURNAL OF THE HOUSE,

HB 1645. By Representatives Jackson of the 9th, Orr of the 9th and Lawson of the 9th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts in traffic cases, so as to repeal the authority of the clerk of the superior court in certain counties to attend probate court in traffic cases.
Referred to the Committee on State Planning & Community Affairs.

HR 843. By Representatives Dobbs of the 74th and Stancil of the 66th: A resolution compensating Mr. Tom Watson Brown.
Referred to the Committee on Appropriations.

HR 845. By Representatives Bargeron of the 108th and Godbee of the 110th:
A resolution commending Grady Mallard and designating the Grady Mallard Bridge.
Referred to the Committee on Transportation.

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

HB 1337.

By Representative Hanner of the 131st:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts.

The following Committee substitute was read:

A BILL
To amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts; to provide for the number of Representatives; 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 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) There shall be 180 members of the House of Representatives, and such membership shall be apportioned among the representative districts provided for in this subsection. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided in this subsection, and shall be represented by one Representative.
District: 1
DADE COUNTY WALKER COUNTY
VTD: 0009 MOUNTAIN

TUESDAY, FEBRUARY 11, 1992

553

VTD: 0010 CHATTANOOGA VALLEY VTD: 0011 DAUGHERTY VTD: 0014 ROSSVILLE VTD: 0015 CHICKMAUGA AND WALLACEVILLE (Part)
Tract: 0205. Block(s): 203, 204, 219
VTD: 0016 FAIRYLAND VTD: 0017 FAIRVIEW (Part)
Tract: 0201. Block(s): 305, 311, 312, 322, 335A, 335B, 335C, 335D, 335E, 336, 337A, 337B, 338, 401, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 411, 412A, 412B, 413A, 413B, 414A, 414B, 415, 416A, 416B, 417, 418, 419, 420, 421, 422, 423A, 423B, 424A, 424B, 425, 426, 430, 501, 502, 503, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 702A, 702B, 702C, 703, 707, 708, 709, 710, 718
Tract: 0203. Block(s): 524, 525, 526, 527, 528, 529, 530, 531, 533, 535, 536, 537, 538, 539, 540, 541
District: 2
CATOOSA COUNTY VTD: 0002 BOYNTON (Part) Tract: 0307. Block(s): 204A, 204C, 204D, 207B, 701A, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 718 VTD: 0003 FORT OGLETHORPE (Part) Tract: 0307. Block(s): 101A, 101C, 101D, 159A, 160, 161A, 162, 163, 164, 201, 202, 203, 204B, 204E, 204F, 204G, 204H, 205, 206, 207A, 208, 209, 313, 314, 315, 316, 317, 318, 319, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 607A, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632 VTD: 0004 LAKEVIEW (Part) Tract: 0307. Block(s): 161B, 161C, 161D VTD: 0005 WESTSIDE (Part) Tract: 0307. Block(s): 101B, 101E, 102, 157, 158, 159B, 165, 166
WALKER COUNTY VTD: 0001 CHESTNUT FLAT VTD: 0002 LAFAYETTE VTD: 0003 POND SPRINGS

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VTD: 0005 PEA VINE VTD: 0006 EAST ARMUCHEE VTD: 0007 CANE CREEK VTD: 0008 WEST ARMUCHEE VTD: 0012 CEDAR GROVE VTD: 0013 KENSINGTON VTD: 0015 CHICKMAUGA AND WALLACEVILLE (Part)
Tract: 0201. Block(s): 716A, 716B, 717A, 717B
Tract: 0203. Block(s): 507, 508, 509, 510, 511, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621
Tract: 0205. Block(s): 202, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 221, 222, 223, 224, 225A, 225B, 225C, 226, 227A, 227B, 228, 229, 230, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 301, 302, 303, 304, 305, 306A, 306B, 307A, 307B, 308, 309A, 309B, 309C, 309D, 310, 311, 312, 313, 314, 315, 316, 317, 318A, 318B, 318C, 318D, 318E, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 337A, 337B, 337C, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349A, 349B, 350, 351, 352, 353A, 353B, 354, 355A, 355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 366B, 367, 369, 370, 371, 376, 384, 385, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 426A, 426B, 427A, 427B, 428A, 428B, 428C, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448A, 448B, 449, 450, 451A, 451B, 451C, 451D, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 524, 526
Tract: 0206.01 Block(s): 202, 203, 204, 205
VTD: 0017 FAIRVIEW (Part) Tract: 0201. Block(s): 701, 702D, 704, 705, 706, 711A, 711B, 712, 713, 714, 715, 719, 720, 721, 722A, 722B, 722C, 723 Tract: 0205. Block(s): 201, 231, 232
District: 3
CATOOSA COUNTY VTD: 0001 RINGGOLD VTD: 0002 BOYNTON (Part) Tract: 0302. Block(s): 307, 308, 309, 310, 311, 312

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555

Tract: 0303. Block(s): 502, 503, 504, 505, 514, 516, 518, 519, 525, 526
Tract: 0304. Block(s): 123, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317, 318, 319, 320, 321, 322, 335, 336, 337, 338, 401, 402, 403, 404, 405, 414, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 515, 701, 702, 703, 704, 705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716
VTD: 0003 FORT OGLETHORPE (Part) Tract: 0306. Block(s): 304A, 312, 313, 314, 403A, 418, 420, 421, 422, 427A, 428A, 519A Tract: 0307. Block(s): 103, 104, 107, 301A, 302A, 303, 305A, 306A, 306B, 307, 308, 309, 310A, 310B, 311, 312, 401, 402, 601, 603A
VTD: 0004 LAKEVIEW (Part) Tract: 0305. Block(s): 301A, 301B, 315, 318, 319, 320, 321, 322, 324 Tract: 0306. Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 304B, 305, 306, 307, 308, 309, 310, 311, 401, 402, 403B, 404A, 404B, 404C, 404D, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 419, 423, 424, 425, 426, 427B, 428B, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519B, 519C, 520, 521 Tract: 0307. Block(s): 301B, 302B, 304, 305B, 306C, 310C, 602, 603B, 604, 605, 606, 607B
VTD: 0005 WESTSIDE (Part) Tract: 0304. Block(s): 210, 211, 213, 214A, 214B, 215, 216A, 216B, 218, 219, 710A, 710B Tract: 0305. Block(s): 101A, 101B, 102A, 102B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210
VTD: 0006 CATOOSA-KEITH VTD: 0007 CHAMBERS VTD: 0008 DUNCAN PARK VTD: 0009 BLACKSTOCK VTD: 0010 WOODSTATION VTD: 0011 GRAYSVILLE
District: 4
WHITFIELD COUNTY VTD: 0002 2A (Part)

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Tract: 0003. Block(s): 315, 335, 336
Tract: 0005. Block(s): 111C, 116, 117, 118, 119, 122, 123, 124, 125, 126, 127, 128G, 138D
Tract: 0008. Block(s): 124C
VTD: 0005 5A VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL VTD: 0014 LOWER TENTH VTD: 0015 MILL CREEK AND WESTSIDE (Part)
Tract: 0007. Block(s): 109, 110, 111, 112, 113, 114, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 321, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419
Tract: 0008. Block(s): 121B, 123A, 123D, 148, 201, 202, 203, 204, 205, 206, 207, 208, 209, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 229, 230, 231, 232, 302B, 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 413, 414, 415, 417, 474, 475, 476, 477, 478
VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE VTD: 0019 TRICHUM VTD: 0020 TUNNEL HILL VTD: 0022 VARNELL
District: 5
WHITFIELD COUNTY VTD: 0001 1A VTD: 0002 2A (Part) Tract: 0005. Block(s): 111A, 111B, 112A, 112B, 128A, 128B, 128C, 128D, 128E, 128F, 128H, 129, 130, 131, 132, 133, 134A, 134B, 135, 136A, 136B, 137A, 137B, 147, 148, 149A, 149B, 150A, 150B, 150C, 151, 152A, 152B, 153, 502, 503, 504, 505, 511A, 511B, 703, 704, 705A, 705B, 706A, 706B, 706C, 707 Tract: 0006.98 Block(s): 422A, 422B, 422C, 422D, 423A, 423B Tract: 0008. Block(s): 101A, 101B, 102A, 102B, 102C, 103A, 103B, 103C, 103D, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 117D, 117E, 118A, 118B, 118C, 118D, 119A, 119B, 119C, 119D, 119E, 119F, 119G, 119H, 119J, 120A, 120C, 124A, 124B, 124D, 125, 126, 127, 128, 129, 130A, 130B, 130C, 130D, 130E, 131, 132, 133, 134, 135A, 135B, 135C,

TUESDAY, FEBRUARY 11, 1992

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135D, 135E, 136, 137, 138, 139, 140A, 140B, 140C, 141A, 141B, 142, 143, 144, 145, 146A, 146B, 401A, 401B, 401C, 401D, 401E, 402, 410A, 410B, 410C, 410D Tract: 0009. Block(s): 301A, 301B, 301C, 301D, 302, 303, 304, 305, 306A, 306B, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 317C, 318 VTD: 0003 3A VTD: 0004 4A VTD: 0006 6A VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE (Part) Tract: 0008. Block(s): 120B, 120D, 121A, 121C, 122, 123B, 123C, 210, 211, 212, 213, 214, 227, 228, 301, 302A VTD: 0018 TILTON
District: 6
MURRAY COUNTY FANNIN COUNTY
VTD: ZZZZ VTD's not defined (Part) Tract: 9501. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220B, 221, 222, 223, 224, 225, 226, 227, 229B, 230B, 231, 232B, 234B, 235B, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 263B Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 127C, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161A, 161B, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 220C, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303, 304, 305, 306, 307, 308A, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323A, 323B, 324, 325, 326, 327A, 327B, 328A, 328B, 329A, 329B, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539,

558

JOURNAL OF THE HOUSE,

540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575 Tract: 9503.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278 Tract: 9504. Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117D, 118, 119, 120, 121, 122, 123, 142, 145B, 145C, 146B, 147, 148, 149, 150, 151, 152, 153, 154B, 155, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241B, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264B, 265, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 433B, 434B, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 450, 451 WHITFIELD COUNTY VTD: 0021 UPPER TENTH
District: 7
UNION COUNTY GILMER COUNTY FANNIN COUNTY
VTD: ZZZZ VTD's not defined (Part) Tract: 9501. Block(s): 101, 102, 103, 104, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 220A, 228A, 228B, 229A, 230A, 232A, 233, 234A, 235A, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258A, 258B, 259, 260A, 260B, 261, 262A, 262B, 263A, 264, 265, 266, 267A, 267B, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9504. Block(s): 105, 117A, 117B, 117C, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 143, 144, 145A, 146A, 154A, 156, 157, 158, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166, 167A, 167B, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 241A, 242A, 264A, 266, 267, 268, 301A, 301B, 302, 303, 304, 305, 306, 307A, 307B, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331,

TUESDAY, FEBRUARY 11, 1992

559

332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349A, 349B, 349C, 350A, 350B, 351, 352, 353, 354, 355, 356A, 356B, 357, 358A, 358B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429A, 429B, 430A, 430B, 431, 432, 433A, 434A, 436, 448, 449, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186A, 186B, 187A, 187B, 188, 189, 190, 191, 201, 202, 203, 204A, 204B, 204C, 205, 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 216C, 217A, 217B, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 226, 227, 228, 229A, 229B, 230, 231A, 231B, 231C, 232, 233, 234, 235A, 235B, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 Tract: 9506.98 Block(s): 126A LUMPKIN COUNTY VTD: 0002 CANE CREEK, HIGHTOWER, AND NIMBLEWILL VTD: 0003 CHESTATEE VTD: 0015 YAHOOLA
District: 8
RABUN COUNTY TOWNS COUNTY LUMPKIN COUNTY
VTD: 0001 AURARIA AND DAHLONEGA VTD: 0004 CRUMBY AND PORTER SPRINGS VTD: 0007 FROGTOWN VTD: 0009 MARTINS FORD VTD: 0010 MILL CREEK VTD: 0013 SHOAL CREEK VTD: 0014 WAHOO WHITE COUNTY VTD: 0001 ROBERTSTOWN AND HELEN VTD: 0004 TESTANEE VTD: 0005 BLUE RIDGE VTD: 0006 TOWN CREEK VTD: 0011 SHOAL CREEK
District: 9
HABERSHAM COUNTY

560

JOURNAL OF THE HOUSE,

WHITE COUNTY VTD: 0003 NACOOCHEE AND BLUE CREEK VTD: 0007 MT. VONAH VTD: 0009 WHITE CREEK VTD: 0010 MOSSY CREEK
District: 10
GORDON COUNTY
District: 11
CHATTOOGA COUNTY FLOYD COUNTY
VTD: 0001 ALTO PARK (Part) Tract: 0013. Block(s): 215C, 238, 242 Tract: 0014. Block(s): 102B, 107, 108, 113, 117, 125, 126, 127, 128, 129, 130, 131, 305, 341, 342, 343, 345A, 347A, 348, 349, 350, 351, 352, 353, 354
VTD: 0002 ARMUCHEE VTD: 0007 EVERETT SPRINGS VTD: 0008 FLOYD SPRINGS VTD: 0009 FOSTER'S MILL VTD: 0010 GARDEN LAKES AND GLENWOOD (Part)
Tract: 0002. Block(s): 101, 110, 111, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 133, 136, 137, 138, 139, 143, 144, 145, 146, 149, 150, 151, 152, 153A, 153B, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171
Tract: 0003. Block(s): 101, 102, 103, 104, 106, 108, 109, 113, 114, 115, 116, 117C, 117D, 128A, 128B, 129, 132, 133B, 134, 135, 335A, 335B, 336, 337, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356
VTD: 0014 LIVINGSTON VTD: 0016 NORTH CAROLINA (Part)
Tract: 0003. Block(s): 325, 326, 327, 328, 329, 330, 331, 332, 333, 334
Tract: 0014. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 344, 345B, 346, 347B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556
VTD: 0020 TEXAS VALLEY WALKER COUNTY
VTD: 0004 WILSON

TUESDAY, FEBRUARY 11, 1992

561

District: 12
FLOYD COUNTY VTD: 0001 ALTO PARK (Part) Tract: 0012. Block(s): 221C, 223, 224B, 226C, 226D, 226E, 226F, 226G, 227, 228, 229, 230B, 231, 232B, 234B, 235, 236B, 238 Tract: 0013. Block(s): 123A, 123B, 123D, 123E, 124C, 126B, 127B, 128A, 128C, 128D, 131B, 131C, 132A, 132F, 132G, 132H, 133, 135B, 224, 231, 235, 236, 237, 239, 240, 241, 243 Tract: 0014. Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 101G, 101H, 101J, 101K, 103, 104, 105, 106, 109A, 109B, 109C, 109D, 109E, 109F, 109G, 110A, HOB, 111A, 111B, 1HC, HID, HIE, 112A, 112B, 112C, 114, 115, 116, 118, 119, 120A, 120B, 120C, 121, 122, 123, 124, 303 VTD: 0006 ETOWAH (Part) Tract: 0008. Block(s): 103, 105, 111C, 120C, 120D, 120E, 139B, 155B, 211E, 218B, 223B, 224 VTD: 0010 GARDEN LAKES AND GLENWOOD (Part) Tract: 0002. Block(s): 132, 134, 135, 147B, 147D Tract: 0003. Block(s): 105A, 105B, 107, 110A, HOB, HOC, HOD, HOE, 111A, 111B, 111C, HID, 112A, 112B, 112C, 112D, 117A, 117E, 118A, 118B, 119A, 119B, 119C, 120A, 120B, 121A, 121B, 121C, 121D, 121E, 121F, 121G, 121H, 121J, 121K, 121L, 121M, 121N, 121P, 122A, 122B, 122C, 122D, 123A, 123B, 123C, 123D, 124A, 124B, 124C, 124D, 124E, 125A, 125B, 125C, 125D, 125E, 125F, 126A, 126B, 126C, 127A, 127B, 130A, 130B Tract: 0004. Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 101G, 102A, 102B, 102C, 102D, 102E, 102F, 102G, 102H, 102J, 102K, 102L, 102M, 102N, 102P, 103A, 103B, 104A, 104B, 104C, 105, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 108C, 108D, 108E, 109A, 109B, 109C, 111A, 111B, 111C, HID, 112, 113, 114A, 114B, 115A, 115B, 115C, 115D, 115E, 115F, 115G, H6A, 116B, 117A, 117B, 117C, 117D, 117E, 117F, 117G, 117H, 117J, 118A, 118B, 118C, 118D, 118E, 118F, 119A, 119B, 119C, 119D, 119E, 120A, 120B, 120C, 120D, 120E, 120F, 120G, 122A, 122B, 122C, 122D, 123A, 123B, 124, 127A, 127B, 128A, 128B, 129, 130A, 130B, 144, 145, 146 VTD: 0015 MOUNT ALTO ONE VTD: 0016 NORTH CAROLINA (Part) Tract: 0014. Block(s): 301, 302, 304 VTD: 0017 NORTH ROME (Part) Tract: 0006. Block(s): 143, 144, 145, 147, 152, 153, 154, 157A, 201A, 202, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 253A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328,

562

JOURNAL OF THE HOUSE,

329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 0008. Block(s): 104, 106, 107, 108, 109, 110A, 110B, 111A, 111B, 112A, 112B, 112C, 112D, 113, 114, 115, 116, 117, 118A, 118B, 119, 120A, 120B, 120F, 120G, 120H, 120J, 130, 132, 134, 135, 136, 138A, 139A, 142, 143, 144, 146, 147, 148, 149, 150, 152, 155A, 201, 202, 203, 204, 205, 207, 208, 209, 210, 211A, 211B, 212, 213, 215, 218A, 220, 223A, 225, 229A, 230, 231 VTD: 0019 SOUTH ROME VTD: 0021 TOWN ROME VTD: 0024 WEST LINDALE (Part) Tract: 0015. Block(s): 166A, 166B Tract: 0016. Block(s): 304A, 304B, 304C, 305A, 305B, 305C, 314B, 315B, 316B, 317B, 318B, 319B, 320A, 320B, 321A, 321B, 322A, 322C, 323A, 323B, 324, 325, 326A, 326B, 333B Tract: 0018. Block(s): 101A, 103A, 122A, 123A, 154A, 202B, 240 Tract: 0019. Block(s): 101A, 101B, 101C, 116C VTD: 0025 EAST ROME VTD: 0026 EAST LINDALE (Part) Tract: 0009. Block(s): 151C, 155B Tract: 0016. Block(s): 206C, 211B, 228, 229, 230C, 301, 302B Tract: 0017. Block(s): 105H, 108D, 108E, 109E, 109F, 110, 115, 116B, 120D, 120E, 120F, 121B, 122B, 125 Tract: 0018. Block(s): 153, 210 VTD: 0035 MOUNT ALTO TWO
District: 13
BARTOW COUNTY VTD: 0001 ADAIRSVILLE VTD: 0004 CASSVILLE (Part) Tract: 9601. Block(s): 224, 225, 226, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 Tract: 9602.
Block(s): 146, 147, 148 Tract: 9604.
Block(s): 208, 234A, 234B, 301, 302, 303, 304, 305, 306, 307, 308 VTD: 0008 SIXTH FLOYD COUNTY VTD: 0003 BARKER'S VTD: 0004 CAVE SPRINGS VTD: 0005 CHULIO VTD: 0006 ETOWAH (Part)
Tract: 0001.98 Block(s): 176, 177, 178
Tract: 0007.

TUESDAY, FEBRUARY 11, 1992

563

Block(s): 101, 103, 123, 124, 125, 127, 129, 130, 131, 132, 133, 134, 137, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 233
Tract: 0008. Block(s): 101A, 101B, 102, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 133, 137, 138B, 140, 141, 145, 151, 206, 211C, 211D, 214, 216, 217, 219, 221, 222, 226, 227, 228, 229B, 232, 233
Tract: 0021.97
Block(s): 250B, 255C VTD: 0010 GARDEN LAKES AND GLENWOOD (Part)
Tract: 0002.
Block(s): 147A, 147C, 148, 172 VTD: 0013 HOWELL
VTD: 0017 NORTH ROME (Part) Tract: 0006. Block(s): 101A, 101B, 101C, 103A, 123, 128, 132, 133A, 134A, 135A, 136, 138A, 138B, 139, 148A, 149A, 150, 151, 155A, 156A, 156B Tract: 0007.
Block(s): 135A VTD: 0018 RIVERSIDE (Part)
Tract: 0006. Block(s): 101D, 101E, 101F, 101G, 101H, 101J, 101K, 101L, 102, 103B, 103C, 104A, 104B, 104C, 105A, 105B, 106A, 106B, 107, 108, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 124, 125, 126, 127, 129, 130, 131, 133B, 134B, 135B, 135C, 135D, 137, 138C, 138D, 138E, 140, 141, 142, 146, 148B, 148C, 149B, 155B, 156C, 157B, 158, 201B, 203B,
252B, 253B, 254 Tract: 0007.
Block(s): 105, 106, 107, 113, 114, 118, 120, 122, 126, 128, 135B
VTD: 0022 VANN'S VALLEY VTD: 0023 WATTERS VTD: 0024 WEST LINDALE (Part)
Tract: 0017. Block(s): 217, 220, 231, 232, 233, 234, 235, 241, 242, 243, 246, 247, 248,
249, 250 Tract: 0018.
Block(s): 104A, 104B, 105A, 106, 107, 108, 109A, 110, 111A, 113, 115B, 116, 117, 118, 119, 120, 121, 122C, 123D, 124A, 124B, 125A,
126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 148, 149, 150, 155, 156,
157, 201A, 201B, 202A, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224,
225, 226, 227, 228, 229A, 229B, 229C, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 242, 243, 244, 245, 246, 247, 248,
249, 250, 251, 252, 253, 254, 255, 256 Tract: 0019.
Block(s): 116A, 116B, 129, 130
VTD: 0026 EAST LINDALE (Part) Tract: 0009.
Block(s): 149B, 150, 157, 203, 204, 205, 206, 207, 208, 209, 210B Tract: 0016.
Block(s): 209, 213 Tract: 0017.
Block(s): 105G, 119, 120C, 123, 124, 126, 127, 128, 129, 130, 131, 135, 136, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212,

564

JOURNAL OF THE HOUSE,

213, 214, 215, 216, 218, 219, 221, 224, 227, 229, 230, 236, 237, 238, 240, 251, 252, 253, 254 Tract: 0018. Block(s): 143, 151, 152
District: 14
BARTOW COUNTY VTD: 0002 ALLATOONA VTD: 0003 CARTERSVILLE VTD: 0004 CASSVILLE (Part) Tract: 9601. Block(s): 223, 227 Tract: 9604. Block(s): 208, 209, 210, 228, 229, 230, 231, 232A, 232B, 233 Tract: 9605. Block(s): 301, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332 VTD: 0005 CENTER VTD: 0006 EMERSON VTD: 0011 PINE LOG AND WOLF PEN VTD: 0012 STAMP CREEK
District: 15
PICKENS COUNTY CHEROKEE COUNTY
VTD: 0001 BALLGROUND VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0008 HARBINS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET (Part)
Tract: 0908. Block(s): 201, 202, 203, 204, 205, 206, 207
VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0013 SALICOA
District: 16
CHEROKEE COUNTY VTD: 0003 CANTON VTD: 0010 LICK SKILLET (Part) Tract: 0908. Block(s): 208, 209, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516 Tract: 0909.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303, 304, 305 Tract: 0909.02 Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112,

TUESDAY, FEBRUARY 11, 1992

565

201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 401, 402, 403, 404, 405 VTD: 0015 WILDCAT
District: 17
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0007 FAIR PLAY VTD: 0016 WOODSTOCK
District: 18
HARALSON COUNTY PAULDING COUNTY
VTD: 0002 HERSHEL JONES JR. HS (Part) Tract: 1203. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311B, 313, 315B, 316B, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329C, 330C, 330D, 331, 340D, 364, 365, 373, 374, 375 Tract: 1204. Block(s): 121, 123, 126, 127, 128, 129, 130, 131
VTD: 0007 NEW GA. RURITAN BALL FLD (Part) Tract: 1204. Block(s): 363 Tract: 1206.98 Block(s): 325, 326, 327, 328, 339, 340, 344, 345, 346, 347, 348, 349, 350, 351, 423
VTD: 0008 UNION ELEMENTARY SCHOOL VTD: 0009 YORKVILLE ELEM. SCHOOL VTD: 0010 BURNT HICKORY FS POLK COUNTY VTD: 0002 BLOOMING GROVE (Part)
Tract: 9903. Block(s): 322, 323, 324, 325, 326, 327, 328, 332, 333, 334, 335, 336, 337, 338, 369, 370
Tract: 9904. Block(s): 147, 148, 149, 150, 151, 414, 415, 416, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450
VTD: 0003 BROWNING AND ROCKMART (Part) Tract: 9906. Block(s): 450, 451, 452, 453, 454, 455, 456, 457, 458, 459 Tract: 9907. Block(s): 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554
VTD: 0005 ESOM HILL (Part) Tract: 9903. Block(s): 184, 185, 186, 187A, 188, 197, 308, 309, 310, 311, 312, 313, 314, 315,

566

JOURNAL OF THE HOUSE,

316, 317, 318, 319, 320, 321, 329, 330, 331, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 371, 372, 373, 374, 375, 376, 377, 378, 379 VTD: 0008 YOUNGS (Part) Tract: 9904. Block(s): 506, 507, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574 Tract: 9905. Block(s): 520, 521, 523, 524, 525, 648 VTD: 0009 ANTIOCH (Part) Tract: 9904. Block(s): 502, 503, 504, 505, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 575, 576 Tract: 9905. Block(s): 623, 624, 625, 638, 640, 642, 643, 644, 645, 646, 647 Tract: 9906. Block(s): 442, 443, 444, 445, 446, 447, 448, 449, 460, 461, 462 VTD: 0011 PRIOR STATION (Part) Tract: 9902. Block(s): 135, 136, 137, 138, 139 Tract: 9903. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 187B, 189, 190, 191, 192, 193, 194, 195, 196, 201, 202, 203, 204, 206, 212, 213, 214, 215, 216, 217, 220, 305, 306, 307
District: 19
DAWSON COUNTY HALL COUNTY
VTD: 0001 WILSON (Part) Tract: 0010. Block(s): 401A, 402, 403, 404, 405A, 405B, 405C, 410A, 410B, 410C, 410D, 411A, 411B, 411C, 411D, 411E, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430

TUESDAY, FEBRUARY 11, 1992

567

VTD: 0011 CLERMONT VTD: 0012 QUILLIANS VTD: 0013 BARK CAMP VTD: 0014 FORK VTD: 0015 WHELCHEL VTD: 0016 WEST WELCHEL
District: 20
HALL COUNTY VTD: 0001 WILSON (Part) Tract: 0010. Block(s): 401B, 501A, 501B, 501C, 501D, 501F, 502A, 502B, 503, 504, 508A, 508B, 508C, 508D, 508E, 508F, 508G, 509A, 509B, 510A, 510B, 511A, 511B, 511C, 511D, 511E, 512A, 512B, 513, 514, 515, 516A, 516B, 601A, 601B, 602A, 602B, 603, 604, 605A, 605B, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635A, 635B, 636A, 636B, 637A, 637B, 638, 639, 640, 641, 642, 643 Tract: 0014. Block(s): 102, 103A, 103B, 104A, 104B, 120A, 120B, 123A, 123B, 125A, 125B, 126 VTD: OOC GLADE VTD: 0010 LULA VTD: 0017 GAINESVILLE I VTD: 0018 GAINESVILLE II VTD: 0019 GAINESVILLE III VTD: 0020 GAINESVILLE VI VTD: 0021 RIVERBEND VTD: 0023 NEW HOLLAND
District: 21
HALL COUNTY VTD: 0002 CHICOPEE VTD: 0003 OAKWOOD VTD: 0004 FLOWERY BRANCH VTD: 0005 ROBERTS VTD: 0006 MORGAN (Part) Tract: 0013. Block(s): 202A, 202B, 203A, 203B, 203C, 203D, 204, 205, 206A, 206B, 208A, 208B, 209A, 209B, 209C, 210A, 210B, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423 Tract: 0014. Block(s): 427, 508A, 508B, 508C, 508D, 512, 520, 521, 522, 523, 524, 525

568

JOURNAL OF THE HOUSE,

Tract: 0016. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 118, 119, 120, 121, 122, 123, 124, 125, 126, 129, 130
VTD: 0007 CANDLER VTD: 0008 TADMORE VTD: 0022 GAINSVILLE MILL VTD: 0024 GILLSVILLE VTD: 0025 OAKWOOD II
District: 22
STEPHENS COUNTY BANKS COUNTY FRANKLIN COUNTY
VTD: 0003 GUM LOG
District: 23
HART COUNTY FRANKLIN COUNTY
VTD: 0001 CARNESVILLE VTD: 0002 WELBORN VTD: 0004 LAVONIA VTD: 0005 CANON VTD: 0006 ROYSTON VTD: 0007 MIDDLE RIVER VTD: 0008 DOOLEYS VTD: 0009 GUNNELLS VTD: 0010 ASHLAND VTD: 0011 STRANGES VTD: 0012 FLINTSVILLE VTD: 0013 RED HILL
District: 24
MADISON COUNTY CLARKE COUNTY
VTD: 001A PRECINCT 216-1A (Part) Tract: 0014.02 Block(s): 720A
VTD: 0217 PRECINCT 0217 (Part) Tract: 0015.01 Block(s): 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 516, 517, 518, 519, 520 Tract: 0015.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 217
VTD: 0218 PRECINCT 0218 (Part) Tract: 0015.01 Block(s): 106, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 514, 515 Tract: 0015.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 130, 201, 218, 219, 220, 221
VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 107 Tract: 0014.01

TUESDAY, FEBRUARY 11, 1992

569

Block(s): 111, 112, 113, 114, 115, 117, 118, 144 Tract: 0014.02
Block(s): 201A, 203, 204, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303, 304, 306, 307, 308, 404, 406, 407, 408, 414, 415, 416, 417
VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 101, 102, 103, 104A, 104B, 105, 106A, 106B, 107, 108, 109, 110A, HOB, 111, 112, 113, 114, 115, 116, 118, 119, 201B, 202, 205, 206, 207, 216, 409, 410, 412, 418B, 419B, 501, 502, 503A, 503B, 504A, 504B, 505, 506A, 506B, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 601, 602, 603, 604, 608, 609, 612, 613, 614, 616, 617, 618
VTD: 1899 PRECINCT 1899 (Part) Tract: 0014.02 Block(s): 605, 606, 607, 610, 611, 615, 707, 708, 711, 720B, 722, 723B, 726, 727, 728, 729, 731, 732 Tract: 0015.01 Block(s): 101, 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117
District: 25
JACKSON COUNTY GWINNETT COUNTY
VTD: 0017 1564 (Part) Tract: 0506.02 Block(s): 309A, 310A, 311A, 324A, 325A, 326, 327, 328, 329, 330, 331, 332A, 336, 337, 338, 339, 340A, 340B, 341A, 341B, 342, 343, 344, 415, 416, 417, 418, 419A, 419B, 419C, 420, 421, 422, 423, 424, 425, 426, 427, 428A, 428B
VTD: 0020 1749 VTD: 0027 444B (Part)
Tract: 0506.01 Block(s): 163, 168
Tract: 0506.02 Block(s): 303, 304, 306, 307, 308, 309B, 332B
VTD: 0044 1397 (Part) Tract: 0506.01 Block(s): 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 232, 233, 234
VTD: 0046 1587 HALL COUNTY
VTD: 0006 MORGAN (Part) Tract: 0016. Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 133
District: 26
PAULDING COUNTY VTD: 0001 PAULDING COUNTY HS (Part) Tract: 1203. Block(s): 132, 133, 134, 135, 141, 142, 143A, 143B, 143C, 144A, 144B, 144C, 207, 208, 209, 210, 211, 212, 213, 214, 215,

570

JOURNAL OF THE HOUSE,

216, 217, 218, 219, 220, 221, 222, 223,
224, 225, 226A, 226B, 226C, 226D, 227,
228, 229, 230, 231, 232, 233, 234, 235,
334, 335, 336, 337A, 337B, 337C, 341,
342A, 342B, 342C, 343A, 343B, 344A, 344B,
345, 346, 347, 348, 349, 350, 351A, 351B,
352A, 352B, 353, 354, 355, 356, 357, 358,
359, 360, 361, 362, 363, 366, 367, 368,
369, 370, 371, 372, 406, 407, 408, 409,
410, 411, 412, 413, 414, 415, 416, 417,
418, 419, 420, 421, 422, 423, 424, 425,
426, 427, 428, 429, 430, 431
Tract: 1204.
Block(s): 132, 133, 134, 135, 136, 137, 138,
201, 202, 203, 204, 254, 255
Tract: 1205.
Block(s): 205, 206, 207, 208, 210, 212, 239,
240, 241 VTD: 0002 HERSHEL JONES JR. HS (Part)
Tract: 1201. Block(s): 270, 271, 272, 273, 274, 275, 276
Tract: 1203. Block(s): 103, 104, 105A, 105B, 106, 107, 108, 109, 110, 111, 112, 113A, 113B, 113C, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 136, 137, 138, 139A, 139B, 140, 145, 201, 202, 203, 204, 205, 206, 311A, 312, 314, 315A, 316A, 317, 318, 319, 329A, 329B, 330A, 330B, 332, 333, 338A, 338B, 338C, 339A, 339B, 340A, 340B, 340C
VTD: 0003 W.C. ABNEY SCHOOL (Part) Tract: 1201. Block(s): 101, 102, 103, 104A, 126, 127, 130, 131, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 201, 202, 203, 204, 205, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 277, 278, 279, 280, 281, 282, 283, 284, 285
VTD: 0004 MCGARITY ELEM. SCHOOL VTD: 0005 HIRAM FIRE STATION VTD: 0006 P.B. RITCH JR. HS VTD: 0007 NEW GA. RURITAN BALL FLD (Part)
Tract: 1204. Block(s): 301, 302, 303, 304, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317,
318, 319, 364, 365 Tract: 1205.
Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411
Tract: 1206.98

TUESDAY, FEBRUARY 11, 1992

571

Block(s): 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 329, 330, 331, 332, 335, 336, 337, 338, 341, 342, 343, 355, 356
District: 27
BARTOW COUNTY VTD: 0004 CASSVILLE (Part) Tract: 9602. Block(s): 542 Tract: 9603.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 148, 161, 162, 163, 164, 165, 166, 167, 168, 201, 202, 203, 204, 205, 211, 212, 221, 222 Tract: 9604. Block(s): 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 501, 502, 503, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B, 513C, 513D, 513E, 514A, 514B, 514C, 515A, 515B, 515C, 515D, 515E, 515F Tract: 9605. Block(s): 302, 401 VTD: 0007 EUHARLEE VTD: 0009 IRON HILL AND TAYLORSVILLE VTD: 0010 KINGSTON
POLK COUNTY VTD: 0001 ARAGON VTD: 0002 BLOOMING GROVE (Part) Tract: 9904. Block(s): 112B, 113B, 129B, 130B, 131B, 134B, 134C, 134D, 134E, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 302B, 304B, 305B, 306B, 307B, 308, 309, 310, 311, 312, 313B, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 404, 405, 413, 417 VTD: 0003 BROWNING AND ROCKMART (Part) Tract: 9906. Block(s): 105A, 107A, 108, 109, 110, 111, 112, 126, 127, 128, 129, 130A, 130B, 131A, 131B, 131C, 131D, 131E, 132A, 132B, 133, 134, 135, 136A, 136B, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 210A, 210B, 211, 224, 228, 229, 230A, 230B, 231A, 231B, 231C, 232, 233A, 233B, 234, 237, 238, 239, 301, 302, 303, 304A, 304B, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 317A, 317B, 318, 319, 320A, 320B, 321, 322, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 441,

572

JOURNAL OF THE HOUSE,

463, 464, 465, 466 Tract: 9907.
Block(s): 104A, 104B, 105A, 105B, 105C, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121A, 121B, 121C, 122, 123A, 123B, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337A, 337B, 337C, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347A, 347B, 347C, 348, 349A, 349B, 350A, 350B, 351, 352, 401A, 401B, 402, 403A, 403B, 404A, 404B, 404C, 405A, 405B, 406, 407A, 407B, 407C, 408, 409, 410, 411, 412, 413, 414, 415, 416A, 416B, 417, 418A, 418B, 419, 420A, 420B, 421A, 421B, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431A, 431B, 501A, 501B, 501C, 501D, 501E, 501F, 502A, 502B, 503A, 503B, 504A, 504B, 505, 506, 507, 508, 509A, 509B, 510A, 510B, 511A, 511B, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522A, 522B, 522C, 523A, 523B, 524A, 524B, 525A, 525B, 525C, 525D, 526A, 526B, 526C, 527, 528A, 528B, 529A, 529B, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541
VTD: 0004 CEDARTOWN VTD: 0006 LAKE CREEK VTD: 0008 YOUNGS (Part)
Tract: 9904. Block(s): 326A, 326B, 327, 401, 402, 403, 406, 407, 408, 409, 410, 411, 412
Tract: 9905. Block(s): 502, 503D, 503E, 504B, 506B, 512B, 513B, 514, 515B, 516A, 516B, 517, 518, 519
VTD: 0009 ANTIOCH (Part) Tract: 9904. Block(s): 501 Tract: 9905. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422B, 423B, 424, 432B, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 501, 522, 603, 604, 605, 606, 607, 608, 609, 610, 611,
612, 613, 614, 615, 616, 617, 618, 619,
620, 621, 622, 626, 627, 628, 629, 630,
631, 636, 637, 639, 641
VTD: 0010 FISH CREEK
VTD: 0011 PRIOR STATION (Part)

TUESDAY, FEBRUARY 11, 1992

573

Tract: 9903. Block(s): 205, 207, 208, 209B, 210, 211, 218, 219, 221D, 222B, 223B, 236B, 237B, 238, 239B, 303B, 304B
District: 28
FORSYTE COUNTY VTD: 0002 BRANDYWINE VTD: 0003 CHATTAHOOCHE VTD: 0004 CHESTATEE VTD: 0005 COAL MOUNTAIN VTD: 0006 CROSSROADS VTD: 0007 CUMMINGS VTD: 0009 MATT VTD: 0010 MIDWAY VTD: 0011 SAWNES
District: 29
COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0017 DOBBINS 1 (Part) Tract: 0311.03 Block(s): 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0055 MABLETON 4 (Part) Tract: 0312.02 Block(s): 610B, 611A Tract: 0313.01 Block(s): 155A, 210, 214, 215, 216, 217, 218, 233, 234, 235, 901B, 902, 903, 904, 905C, 906, 907, 908, 911, 912, 913 VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 105B, 107B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136B, 136C, 137B, 139B, 602, 603, 604, 615, 621, 623 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 (Part) Tract: 0311.03 Block(s): 205G, 205H, 205J, 209C Tract: 0312.02 Block(s): 426, 427, 428, 436B, 436C, 505 Tract: 0312.04 Block(s): 501B, 504B, 504C, 504D, 505, 506B, 507B, 508, 513, 514, 515, 516C, 516D, 518B, 519C, 520, 521, 528, 529, 530B, 531B, 532 VTD: 0074 OAKDALE 2 (Part)

574

JOURNAL OF THE HOUSE,

Tract: 0311.07 Block(s): 204B, 204C, 205C, 205D, 205E, 205F, 207B, 303, 304, 305, 306D, 306E, 307B, 317C, 318B, 318C, 321B, 322, 324, 326
Tract: 0312.02 Block(s): 320, 321, 322, 323, 324B, 326, 328, 331B, 401, 402, 437B, 438F, 439B, 601C, 602, 603B, 604, 605C, 606, 607B, 608C, 608D, 609B, 612B, 612C, 613B, 613C, 613D, 613E, 613F, 650
VTD: 0096 SMYRNA 2 (Part) Tract: 0311.03 Block(s): 116A, 117, 119, 120, 202, 203, 204A, 205A, 207A, 208, 209A, 209B, 210A, 211A, 215, 216, 217, 218A, 221A, 222A, 223A, 224A, 225, 226A, 226B, 229, 230A, 231A, 233A, 238, 301A, 302A, 303A, 304A Tract: 0312.03 Block(s): 110A, 516A, 517, 518, 519, 520, 521A Tract: 0312.04 Block(s): 501A, 502, 503, 504A, 506A, 507A, 516A, 517, 518A, 519A, 531A
VTD: 0097 SMYRNA 3 (Part) Tract: 0310.01 Block(s): 910D, 925A, 926 Tract: 0311.01 Block(s): 202, 204, 205, 206, 207, 208, 209 Tract: 0311.03 Block(s): 112, 113, 114, 115, 121, 128 Tract: 0311.08 Block(s): 101, 102B, 102C, 102D, 103A, 104, 105, 106A, 107A, 201A, 202A, 203, 204A, 205A, 206, 207, 208, 209A, 210, 211, 212, 213, 214, 215A, 313A, 314A, 315, 320A, 321A, 401A, 401B, 401C, 402, 405B, 409A, 410, 411A, 412 Tract: 0311.09 Block(s): 101B, 503B
VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA2 SMYRNA 7
District: 30
COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 (Part) Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, 110F VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 301, 302, 303, 304, 401C, 401E, 402B, 403, 404, 405, 406B, 501, 502, 503, 504, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407E Tract: 0304.06 Block(s): 601, 602C, 603, 701B, 702, 703, 801B, 801C

TUESDAY, FEBRUARY 11, 1992

575

VTD: 0062 MARIETTA 6 (Part) Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.05 Block(s): 402A, 701A, 704A, 802
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 401B, 406A, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A
VTD: 0095 SMYRNA 1 VTD: 0097 SMYRNA 3 (Part)
Tract: 0311.03 Block(s): HOC
VTD: OOA9 VININGS 1 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3
District: 31
COBB COUNTY VTD: 0021 EASTSIDE VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 407C VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407A, 407D, 407F, 407G, 409 VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 919A VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 407B, 408 VTD: 0067 MT. BETHEL 1 VTD: 0069 MT. BETHEL 3 VTD: 0079 PARKAIRE VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B Tract: 0304.02 Block(s): 122, 127 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3
District: 32
COBB COUNTY VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.07 Block(s): 105, 108B, 109, 114B VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.05 Block(s): 918

576

JOURNAL OF THE HOUSE,

Tract: 0302.07 Block(s): 104B
VTD: 0017 DOBBINS 1 (Part) Tract: 0311.08 Block(s): 102A
VTD: 0018 DOBBINS 2 VTD: 0022 ELIZABETH 1 (Part)
Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909
Tract: 0305.02 Block(s): 601C
Tract: 0305.03 Block(s): 108B
Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501A, 501C, 501D, 501E, 502B, 506B, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B, 901C, 901D, 902B, 902C, 902D, 902E,917E
VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 306, 307B, 308B, 501, 502, 503, 504, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710B, 710C, 711B, 711C, 713, 714, 715, 716, 717B, 718B, 819
VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 112B, 201B, 201D, 202C
VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B
VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0308. Block(s): 206B
VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 205B, 401D, 601B
VTD: 0057 MARIETTA 1 VTD: 0059 MARIETTA 3
VTD: 0060 MARIETTA 4 (Part)
Tract: 0302.07
Block(s): 108A, 113D, 114A, 115B
Tract: 0305.01
Block(s): 908A

TUESDAY, FEBRUARY 11, 1992

577

Tract: 0305.02 Block(s): 602
Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, 110B, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 501B, 502A, 503, 504, 505, 506A, 606A, 606B, 607A, 608, 703A, 704A, 705A, 706A, 708A, 708G, 901A, 901B, 902A, 903, 917A, 917B, 917C, 917D, 919
Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519
VTD: 0061 MARIETTA 5 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.04 Block(s): 301A, 302
Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 601A, 602A, 603A, 603B, 801, 803
Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A
Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 502A, 601, 602, 603, 604
Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809
VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0305.03 Block(s): 205C, 419B, 419C
District: 33
COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 (Part) Tract: 0313.01 Block(s): 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 327, 329, 331, 332, 333, 334, 335, 336 Tract: 0314.04

578

JOURNAL OF THE HOUSE,

Block(s): 501A, 502, 503 VTD: 0053 MABLETON 2 (Part)
Tract: 0313.01 Block(s): 319, 320, 321, 322, 323, 324, 338, 339
Tract: 0313.04 Block(s): 310, 311, 313, 315, 316, 317, 326, 327, 401, 402, 411, 412, 413, 414, 415, 423
VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 (Part)
Tract: 0313.01 Block(s): 206, 207, 208, 209, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 450, 451
VTD: 0070 MT. HARMONY VTD: 0080 PEBBLEBROOK VTD: OOA8 SWEETWATER 3 (Part)
Tract: 0314.03 Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114
Tract: 0314.04 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406
VTD: OOC2 BIRNEY 2
District: 34
COBB COUNTY VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.04 Block(s): 534C, 534D Tract: 0302.05 Block(s): 913C, 913D Tract: 0302.06 Block(s): 236, 239, 240, 242, 701, 702, 703 Tract: 0302.07 Block(s): 101C, 101D, 101E, 106, 107, 110, 111, 112, 113A, 113E, 115C, 201D, 201E, 202, 701, 702, 703, 704, 705, 706 VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 526E, 535B Tract: 0302.05 Block(s): 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912B, 914B, 915B, 916B, 917B Tract: 0302.07 Block(s): 103C, 103D VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0050 KENNESAW 2 (Part) Tract: 0302.04 Block(s): 307, 319, 533, 534A, 534B Tract: 0302.05 Block(s): 912A, 913A, 913B, 914A, 915A, 916A, 917A Tract: 0302.07 Block(s): 101A, 101B, 102, 103A, 103B, 104A, 201A, 201B, 201C VTD: 0051 LOST MOUNTAIN VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07

TUESDAY, FEBRUARY 11, 1992

579

Block(s): 113B, 113C, 115A, 801A, 802A Tract: 0306.
Block(s): 904, 905 Tract: 0309.01
Block(s): 301A, 302, 303, 304 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part)
Tract: 0309.01 Block(s): 101B, 301B, 301C, 401C, 501B, 502, 503, 601E, 601L, 601M, 603B, 604B, 701B, 701D
Tract: 0309.03 Block(s): 401B, 401C, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613
Tract: 0310.02 Block(s): 211, 212, 224C, 225B, 226, 227, 228
VTD: 0078 OREGON 4 VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 115D, 801B, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826
VTD: OOC1 OREGON 5
District: 35
COBB COUNTY VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 121B, 122B VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part) Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A VTD: 0058 MARIETTA 2A VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 823A VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 601, 620, 624, 625 VTD: 0077 OREGON 3 (Part) Tract: 0309.01 Block(s): 401B, 601F, 601G, 601H, 601J, 601K, 701C, 703B Tract: 0309.03 Block(s): 302B, 302C, 302D, 302E, 302F, 305, 306, 401D VTD: OOA1 SMYRNA 6 VTD: OOB8 CHEATHAM HILL 2 (Part)

580

JOURNAL OF THE HOUSE,

Tract: 0302.07 Block(s): 823B
VTD: OOB9 MARIETTA 2B
District: 36
COBB COUNTY VTD: 0002 AUSTELL (Part) Tract: 0313.01 Block(s): 310A, 328A, 330A, 337A, 340 Tract: 0313.04 Block(s): 426, 501A, 513, 514, 515A, 520 Tract: 0314.04 Block(s): 108A, 108B, 505A, 510A, 511A, 602A, 605A, 609A, 609B, 610A, 611A, 612A Tract: 0314.98 Block(s): 204A, 208A, 250A, 250B, 301A, 302, 303A, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 412, 413, 414, 415, 416, 417A, 418A, 418B, 419, 420, 421, 423, 501, 502, 503, 504, 505, 506A, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 516, 517, 518, 519, 520A, 521, 522A, 523A, 523B, 524, 525, 526, 527, 528A, 529A, 604, 606, 608A, 609, 611, 612, 613, 614A, 615A, 618, 619, 620, 621A, 622A, 623, 624, 625, 626, 627, 628, 629, 701A, 702A, 705A, 707, 708, 713A, 713B, 713C, 713D, 716A, 717 Tract: 0316.97 Block(s): 117 VTD: 0015 CLARKDALE (Part) Tract: 0314.04 Block(s): 605B Tract: 0314.98 Block(s): 201, 202, 203, 204B, 205, 206, 207, 208B, 209, 210, 213, 247, 250C, 301B, 303B, 303C, 304B, 304C, 411B, 418D, 506B, 506C, 515B, 515C, 515D, 515E, 520B, 522B, 523C, 523D, 523E, 528B, 528C, 529B, 601, 602, 603, 605, 607, 608B, 610, 614B, 615B, 616, 617, 621B, 622B, 705B, 706, 712, 713E, 713F, 713G, 714, 715, 716B Tract: 0315.02 Block(s): 516B, 519B, 519C, 519D, 519E, 523B, 524, 528, 529, 530, 610A VTD: 0052 MABLETON 1 (Part) Tract: 0314.04 Block(s): 504, 505B, 506, 507, 508, 509, 510B, 601, 602B, 603, 604, 605C, 606, 607, 608, 609C, 610B, 611B, 612B, 612C, 612D Tract: 0314.98 Block(s): 301C VTD: 0053 MABLETON 2 (Part) Tract: 0313.01 Block(s): 310C, 310D, 325, 326, 328B, 328C,

TUESDAY, FEBRUARY 11, 1992

581

328D, 330B, 337B, 337C, 337D, 337E, 341 Tract: 0313.04
Block(s): 403, 404, 405, 406, 407, 408, 409, 410, 421A, 501B, 501C, 501D, 501E, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 515B, 516
Tract: 0314.04 Block(s): 501B, 511B
Tract: 0314.98 Block(s): 417B, 417C, 418E, 418F, 418G, 418H
VTD: 0056 MACLAND VTD: 0076 OREGON 2 VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 (Part)
Tract: 0314.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108C, 109
District: 37
COBB COUNTY VTD: 0010 BISHOP LAKE VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 401, 402B, 404, 405, 406B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 906A, 907A, 920A, 920D Tract: 0305.03 Block(s): 402A, 403, 406A, 501A, 502B, 503A VTD: 0068 MT. BETHEL 2 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0304.01 Block(s): 203, 204, 205, 206, 207, 208, 920E Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
District: 38
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.06 Block(s): 210, 211C, 211D, 211E, 231B, 233B, 234B, 237B, 238, 241 VTD: 0007 BIG SHANTY 2 (Part)

582

JOURNAL OF THE HOUSE,

Tract: 0302.04 Block(s): 101, 104, 107, 108, 211B, 212, 501B, 513B, 526D, 527B, 527C, 528B, 529, 530B, 531B
Tract: 0302.05 Block(s): 603B, 604, 609B, 610, 612B, 619B, 620B, 621
VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 (Part)
Tract: 0302.04 Block(s): 302, 303, 304, 305, 308, 309, 310, 311, 312, 317, 318
Tract: 0302.06 Block(s): 201A, 202, 203, 207A, 211A, 211B, 212, 213, 214A, 214B, 214C, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231A, 232, 233A, 234A, 235, 237A
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0090 RED ROCK
District: 39
COBB COUNTY VTD: 0005 BELLS FERRY 3 (Part) Tract: 0303.10 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 801, 802, 803, 804, 805, 806 VTD: 0038 GARRISON MILL VTD: 0045 GRITTERS 7 VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0087 POST OAK 8 VTD: OOB3 GRITTERS 8 VTD: OOB5 GRITTERS 10
District: 40
COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 (Part) Tract: 0303.10 Block(s): 201, 202, 203, 204, 205, 206, 301, 302, 401, 402, 403, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717 Tract: 0303.13 Block(s): 603, 604 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 309, 310, 311, 409, 601B VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02

TUESDAY, FEBRUARY 11, 1992

583

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112C, 113, 114C, 115, 116, 201C, 203, 204, 205, 206, 207, 401, 402, 403. 404, 405, 406, 407, 408, 409, 410
Tract: 0305.03 Block(s): 301
VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306
VTD: 0039 CRITTERS 1 VTD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0062 MARIETTA 6 (Part)
Tract: 0305.03 Block(s): 302A
VTD: OOB4 CRITTERS 11 VTD: OOB7 CRITTERS 9
District: 41
FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0116.01 Block(s): 202A, 302A, 303A, 305A, 305B, 503A, 504A, 618D, 620D Tract: 0116.02 Block(s): 301, 302, 303, 304A, 401A, 401B, 401C, 401D, 401E, 402, 403, 404. 501, 502A, 503, 504, 505, 506A, 506B, 507, 601A, 601B, 601C, 602, 603A, 709A, 901A, 901B, 902A, 903A, 904, 905, 906, 907A, 907B, 910A, 911A, 912A, 913A, 914A, 914B, 916A VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NCOS VTD: OOP2 NC04 (Part) Tract: 0116.02 Block(s): 304B, 304C, 304D, 401F, 401G, 401H, 401J, 401K, 702, 703, 709B, 901C, 902B, 903B, 907C, 907D, 908, 909, 910B, 911B, 912B, 913B, 913C, 913D, 913E, 914C, 915, 916B, 917 Tract: 0116.03 Block(s): 101, 102, 103, 104, 201, 202, 902, 903 VTD: OOP3 NC05 VTD: OOP6 NCOS (Part) Tract: 0115. Block(s): 503C, 507, 508, 509, 512, 515B, 515C, 516C, 516D, 601, 602, 603, 604, 605C, 605D, 652C, 654, 701B VTD: 00X3 AP02 (Part) Tract: 0114.04 Block(s): 501A, 601, 602A, 602B, 604, 702A Tract: 0115. Block(s): 409A, 410, 411A, 411B, 411C, 411H, 412A Tract: 0116.01 Block(s): 101A, 101B, 102A, 103A, 104A, 105A, 106, 107, 108A, 108G, 109A, 110A, HOB, HOC, HOD, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 304A, 403A, 403B, 403C, 403D, 404A, 405A, 405B, 407, 408A, 409, 410, 505A, 506, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A,

584

JOURNAL OF THE HOUSE,

610D, 610E, 611A, 612A, 613A, 614A, 615A, 615G, 616A, 618A, 618C, 620A, 620E, 620F, 621A, 622, 623, 624, 625, 626
District: 42
FULTON COUNTY VTD: OON7 MP01 VTD: OOP6 NCOS (Part) Tract: 0115. Block(s): 503B, 645B, 708, 709B, 709C VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 (Part) Tract: 0114.11 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 115, 116, 117A, 119, 120, 201, 202, 301, 302A, 401A, 402A, 501A, 601, 602, 603, 604, 605, 606, 607, 608, 609 VTD: OOR7 RW05 VTD: OOR9 RW07 (Part) Tract: 0114.03 Block(s): 501, 502, 503, 504, 505 Tract: 0114.04 Block(s): 301, 302, 401A, 401B, 402, 501B, 602E, 608, 609, 610, 701, 702B Tract: 0114.07 Block(s): 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511 Tract: 0116.01 Block(s): HOE, 110F, 610B, 611B, 613B, 614B, 615B, 615C, 615D, 615E, 615F, 616B, 616C, 616E, 617, 618B, 619, 620B, 620C VTD: 00X3 AP02 (Part) Tract: 0116.01 Block(s): HOG VTD: OOY2 RW09
District: 43
FULTON COUNTY VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV1 SS04 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOW3 SS15 VTD: OOW4 SS16 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW9 SS22
District: 44
FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0114.08 Block(s): 201A, 202, 203A, 501A, 501B, 501C, 601A, 602A Tract: 0116.01 Block(s): 701, 702, 703, 704 Tract: 0116.02

TUESDAY, FEBRUARY 11, 1992

585

Block(s): 704A, 704B, 705A, 705B, 706, 707A, 708A, 918A VTD: OOP2 NC04 (Part)
Tract: 0116.02 Block(s): 701, 704C, 705C, 707B, 710, 918B, 918C, 918D, 918E
VTD: OOP4 NC06 VTD: OOPS NC07 VTD: OOP7 NC09 VTD: OOP9 NC11 VTD: OOR5 RW04 (Part)
Tract: 0114.10 Block(s): 201A
VTD: OOR8 RW06 VTD: OOR9 RW07 (Part)
Tract: 0114.04 Block(s): 201, 202, 203, 204, 602C, 602D, 603, 605, 606, 607
VTD: OOU7 SS01 VTD: 00X3 AP02 (Part)
Tract: 0114.04 Block(s): 602F
Tract: 0116.01 Block(s): 621B
VTD: 00X6 SS17
District: 45
FULTON COUNTY VTD: OOA8 8A VTD: OOA9 8B VTD: GOBI 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: OOV8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW8 SS21 VTD: 00X5 SS23
District: 46
FULTON COUNTY VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D VTD: 0094 7F VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA5 7S VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOCl 8M

586

JOURNAL OF THE HOUSE,

VTD: OOC7 8V VTD: OOW2 SS14
District: 47
FULTON COUNTY VTD: 0077 6A VTD: 0078 6B VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0096 7H VTD: 0097 7J VTD: OOA2 7N VTD: OOA3 7P
District: 48
FULTON COUNTY VTD: 0005 IE (Part) Tract: 0049.95 Block(s): 305, 306, 601, 609, 613 VTD: 0008 U (Part) Tract: 0055.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 203, 204, 205, 206, 210, 211, 212, 213, 218, 219, 220, 221, 225, 226, 227, 228, 229, 230 VTD: 0016 2A VTD: 0017 2B VTD: 0024 2J VTD: 0025 2K (Part) Tract: 0035. Block(s): 116, 120, 121, 126, 131B Tract: 0048. Block(s): 101, 103, 105, 106, 108, 109, 208, 209, 210, 211 VTD: 0026 2L VTD: 0030 2R (Part) Tract: 0043. Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 202, 203 VTD: 0031 2S (Part) Tract: 0027. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 139, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236 VTD: 0047 3J VTD: 0059 4E VTD: 0062 4H (Part) Tract: 0046.95

TUESDAY, FEBRUARY 11, 1992

587

Block(s): 104, 105, 201, 202, 203 Tract: 0049.95
Block(s): 103, 104, 106, 107, 108, 201, 202, 203, 206, 301, 302, 303, 304 Tract: 0055.01
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 509
Tract: 0056. Block(s): 101, 102, 103, 104, 105, 106, 201, 202, 203, 204, 205, 206, 301, 302, 304, 305, 306, 307, 401, 402, 403, 404, 405, 406, 407, 501, 502, 503, 504, 505, 506
Tract: 0057. Block(s): 209, 210, 302, 306, 307, 308
Tract: 0063. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 418, 419, 420, 421
VTD: OOA4 7R VTD: OOH9 12A VTD: OOJ1 12B VTD: OOK4 12P
District: 49
FULTON COUNTY VTD: 0023 2H VTD: 0030 2R (Part) Tract: 0037. Block(s): 102, 103, 104, 105, 106, 107, 108 Tract: 0038. Block(s): 505, 506 Tract: 0043. Block(s): 201 VTD: 0035 2W VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0064 4K VTD: 0065 4L VTD: 0067 4N (Part) Tract: 0040. Block(s): 201, 203, 204, 205, 206, 207, 209, 210, 211, 212, 215 Tract: 0041. Block(s): 310B VTD: OOC3 8P VTD: OOC4 8R VTD: OOF9 10M (Part)

588

JOURNAL OF THE HOUSE,

Tract: 0060. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302
District: 50
FULTON COUNTY VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0046 3H VTD: 0048 3K VTD: 0053 3R VTD: 0058 4D VTD: OOB8 8K VTD: OOB9 8L VTD: OOC2 8N VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H (Part) Tract: 0087.01 Block(s): 101, 114, 301, 302, 303, 304, 305, 309 Tract: 0088. Block(s): 123, 124 VTD: OOF3 10F VTD: OOF4 10G VTD: OOF6 10J
District: 51
COBB COUNTY VTD: 0073 OAKDALE 1 (Part) Tract: 0312.02 Block(s): 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319B, 325B, 329, 330, 335, 338, 341, 403B, 404, 405, 406, 407, 408B, 409, 410, 411, 412, 413B, 414, 415, 416, 417, 418, 419B, 424, 434, 435B, 441, 442, 501, 502, 503, 504, 506, 507, 508, 509, 510, 511, 513, 514, 526, 527
FULTON COUNTY VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD7 9H (Part) Tract: 0087.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 111, 112 Tract: 0087.02 Block(s): 101, 102, 103, 106, 109, 110, 111, 112, 113, 201, 203, 204, 205, 206, 210, 211, 212, 213, 214, 215, 216 VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOF1 10D VTD: OOF2 10E VTD: OOF5 10H VTD: OOF7 10K VTD: 00X7 9T

TUESDAY, FEBRUARY 11, 1992

589

District: 52
FULTON COUNTY VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOFS 10L VTD: OOG3 11B VTD: OOG5 11D VTD: OOT1 SC08 (Part) Tract: 0105.05 Block(s): 405A, 405B, 406, 501, 502, 503B, 504B, 505B, 505C, 514B, 601A, 601C, 601D, 602B, 602C, 603B, 618B Tract: 0105.06 Block(s): 104, 105, 106, 107, 108, 110, 111, 112, 113, 202B, 202C, 205, 207B VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: 00X2 UC02 (Part) Tract: 0105.06 Block(s): 202A, 203A, 204A, 703A, 703B, 704, 705, 706, 707A, 708, 709, 714A, 715, 716C, 716D, 716E, 717, 718A, 718B, 719A, 731, 732, 738, 739, 740A, 741 VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY6 SC04 (Part) Tract: 0103.01 Block(s): 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801, 802, 803, 804, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840 Tract: 0104. Block(s): 301, 302, 303, 304 VTD: OOY7 SC05 VTD: OOY9 SC07 (Part) Tract: 0105.06 Block(s): 201, 202D, 202E, 203B, 203C, 203D, 204B, 206, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403C, 405, 406C, 406D, 406E, 406F, 410, 418, 421, 422, 423, 424, 425, 426, 427, 428, 431, 432, 433, 703C, 707B, 707C, 710B, 711B, 714B, 716F, 716G, 718C, 718D, 719B, 740B
District: 53
FULTON COUNTY VTD: OOG4 11C VTD: OOG6 HE VTD: OOH1 11J VTD: OOH2 UK VTD: OOH3 HL VTD: OOH4 11M VTD: OOH5 11N VTD: OOH6 HP VTD: OOH7 11R VTD: OOL6 EP01 VTD: OOM5 EP09 VTD: OON1 EP14 VTD: OOT1 SC08 (Part) Tract: 0105.06

590

JOURNAL OF THE HOUSE,

Block(s): 101, 102, 103, 109 VXD: OOU1 SC17 VTD: OOY5 SC03
District: 54
FULTON COUNTY VTD: 0061 4G VTD: 0066 4M VTD: 0067 4N (Part) Tract: 0060. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413 VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: OOF9 10M (Part) Tract: 0060. Block(s): 303, 304, 305, 306, 307, 308, 309, 310, 311 VTD: OOG1 ION VTD: OOG2 11A VTD: OOG8 llG VTD: OOG9 11H VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E (Part) Tract: 0074. Block(s): 201, 202, 203, 204, 208, 209, 211A, 212A, 213 Tract: 0075. Block(s): 201, 203A, 204A, 205, 206, 207, 208, 209, 210A, 211A, 301 Tract: 0108. Block(s): 616A, 628A, 629, 630 Tract: 0110. Block(s): 114B VTD: OOJ6 12G VTD: OOK1 12L VTD: OOK7 CP02 VTD: OOL8 EPOS VTD: OON4 HP01 VTD: OOU3 SC19
District: 55
FULTON COUNTY VTD: OOK6 CP01 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL7 EP02 VTD: OOM1 EPOS VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON2 EP15

TUESDAY, FEBRUARY 11, 1992

591

District: 56
FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C (Part) Tract: 0067. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 401, 402, 403, 404, 406, 407, 408, 409A Tract: 0070. Block(s): 104, 105 VTD: 0004 ID VTD: 0005 IE (Part) Tract: 0049.95 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 412, 413, 414, 415, 416, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 602, 603, 604, 605, 606, 607, 608, 610, 611, 612 Tract: 0053. Block(s): 307, 308, 311, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516 VTD: 0011 1M VTD: 0014 1R (Part) Tract: 0071. Block(s): 101, 102 VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0025 2K (Part) Tract: 0035. Block(s): 103, 108, 109, 110, 111, 112, 113, 115, 117 Tract: 0048. Block(s): 102, 104, 107 VTD: 0031 2S (Part) Tract: 0018. Block(s): 607 Tract: 0027. Block(s): 118 Tract: 0028. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 208, 301, 302, 303, 304, 305, 306, 310, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0029. Block(s): 103, 104, 201, 202, 308, 401, 402, 403, 406, 407 VTD: 0038 2Z VTD: 0062 4H (Part) Tract: 0053. Block(s): 401 VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K
District: 57
FULTON COUNTY VTD: 0003 1C (Part) Tract: 0070. Block(s): 101, 102, 103, 106, 405, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715

592

JOURNAL OF THE HOUSE,

VTD: 0008 U (Part) Tract: 0067. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309, 313, 314, 315, 405, 409B, 410, 501, 502, 503, 504, 505, 506, 507
VTD: 0010 1L VTD: 0013 IP VTD: 0014 1R (Part)
Tract: 0068.02 Block(s): 101, 102, 103, 104, 105
Tract: 0071. Block(s): 103, 104, 105, 106, 107, 108, 109, 111, 204, 205, 206
VTD: 0015 IS VTD: OOJ4 12E (Part)
Tract: 0074. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
Tract: 0075. Block(s): 107, 108, 109, 110, 112, 113
VTD: OOJ5 12F VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK2 12M VTD: OOK3 12N VTD: OON5 HP02
District: 58
FULTON COUNTY VTD: OON3 FA01 VTD: OOR1 PA01 VTD: OOT1 SC08 (Part) Tract: 0105.05 Block(s): 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 407, 408 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOT5 SC12 VTD: OOT6 SC13 VTD: OOU5 SC21 VTD: 00X1 UC01 VTD: 00X2 UC02 (Part) Tract: 0105.04 Block(s): 601A, 602A Tract: 0105.06 Block(s): 207A, 702, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 733, 736, 737, 742, 743, 744, 745, 746, 801, 802, 803, 804, 805, 806, 807B, 808B, 809, 810, 811A, 812, 813, 814, 815B, 818, 821A VTD: OOY6 SC04 (Part) Tract: 0103.01 Block(s): 805, 806, 807, 808, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828 Tract: 0104. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 139,

TUESDAY, FEBRUARY 11, 1992

593

140, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 182, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315 VTD: OOY9 SC07 (Part) Tract: 0105.06 Block(s): 403D, 406B, 429, 430, 434, 435, 436B, 437, 438, 439B, 439C, 440, 441, 442B, 443, 444, 445, 446, 447, 448, 457B, 457C, 601, 602B, 606, 614B, 615, 944E, 944F, 944G
District: 59
DEKALB COUNTY VTD: 0032 DORAVILLE NORTH (Part) Tract: 0213.03 Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 202, 203A, 206A, 207A Tract: 0213.04 Block(s): 101B, 117A, 203, 204 VTD: 0037 DUNWOODY (Part) Tract: 0212.10 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0095 OAKCLIFF (Part) Tract: 0213.03 Block(s): 101B, 203B, 206B, 221, 222, 223 VTD: 0099 PEACHTREE (Part) Tract: 0212.12 Block(s): 201, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0213.04 Block(s): 101C, 114, 115, 117B, 117C, 301, 302, 303, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 313, 314C VTD: OOAD PLEASANTDALE VTD: OOBQ VANDERLYN (Part) Tract: 0212.10 Block(s): 303, 304, 305, 306, 307, 308, 314, 315, 316, 317 Tract: 0212.11 Block(s): 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129 Tract: 0212.12 Block(s): 202, 203 VTD: OOBR VERMACK (Part) Tract: 0212.05 Block(s): 109, 506, 507, 508, 509 VTD: OOBU WARREN
District: 60
DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0020 CHAMBLEE NORTH VTD: 0023 CHESTNUT VTD: 0037 DUNWOODY (Part) Tract: 0212.07 Block(s): 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 317, 320 VTD: 0057 HUNTLEY HILLS VTD: 0090 NANCY CREEK

594

JOURNAL OF THE HOUSE,

VTD: 0099 PEACHTREE (Part) Tract: 0212.12 Block(s): 204, 205, 206, 211, 220, 221
VTD: OOAW SHALLOWFORD VTD: OOAY SILVER LAKE VTD: OOBQ VANDERLYN (Part)
Tract: 0212.10 Block(s): 318, 319, 320
VTD: OOBR VERMACK (Part) Tract: 0212.05 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 510
District: 61
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD VTD: 0030 CROSS KEYS VTD: 0041 EMORY (Part) T ;act: 0215. Block(s): 111, 112 Tract: 0216.03 Block(s): 106, 107, 108, 109 VTD: 0074 MARGARET HARRIS VTD: 0086 MONTCLAIR VTD: OOAR SAGAMORE VTD: OOBA SKYLAND VTD: OOBW WESLEY WOODS (Part) Tract: 0215. Block(s): 120, 121, 122, 123, 124, 125, 126
District: 62
DEKALB COUNTY VTD: 0021 CHAMBLEE SOUTH VTD: 0032 DORAVILLE NORTH (Part) Tract: 0213.01 Block(s): 101A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125 Tract: 0213.03 Block(s): 109, 110, 111, 112, 113A, 114, 201A, 212A, 220A Tract: 0213.04 Block(s): 101A, 102, 103, 104, 105A, 105B, 106A, 107, 108, 109, 110, 111, 120, 122, 201, 202. 205, 206, 207, 209, 212, 213, 214, 217, 218, 219, 220, 221, 225, 228A, 233A, 307A, 314A, 3146 VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF (Part) Tract: 0213.02 Block(s): 101B

TUESDAY, FEBRUARY 11, 1992

595

Tract: 0213.03 Block(s): 113B, 201B, 204, 205, 206C, 207B, 208, 209, 210, 211, 212B, 213, 214, 215, 216, 217, 218, 219, 220B, 224
District: 63
DEKALB COUNTY VTD: 0011 BRIARLAKE VTD: 0013 BROCKETT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY (Part) Tract: 0218.05 Block(s): 201, 202, 203, 205, 206, 207, 208, 209 Tract: 0218.06 Block(s): 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 132, 133, 134, 135, 136, 306, 307 Tract: 0218.09 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521 VTD: 0079 MEDLOCK VTD: 0087 MONTREAL VTD: 0092 NORTHLAKE VTD: OOAK REHOBOTH VTD: OOBP TUCKER (Part) Tract: 0218.09 Block(s): 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221
District: 64
DEKALB COUNTY VTD: 0051 HAMBRICK (Part) Tract: 0219.05 Block(s): 104A, 105, 106, 107, 108, 109, 110, 111, 112 Tract: 0220.04 Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 114, 115 VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0069 LAVISTA AND LIVSEY (Part) Tract: 0218.06 Block(s): 301, 302, 303, 304, 305, 308 VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 101, 102, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402, 501, 502, 503, 504, 505 Tract: 0233.06 Block(s): 301, 302, 303, 304, 305, 407, 408 VTD: OOAX SILVER HILL (Part)

596

JOURNAL OF THE HOUSE,

Tract: 0219.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119C, 120B, 121, 122, 139B, 142, 143, 144, 149, 150, 201C, 206B, 208B, 209B, 211B, 213B, 214B, 215B, 247, 325C, 325D, 328B, 335, 336B, 337B, 341B, 344, 348
VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBP TUCKER (Part)
Tract: 0218.09 Block(s): 401, 402, 403, 404, 405, 406, 407
District: 65
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0051 HAMBRICK (Part) Tract: 0220.04 Block(s): 112, 113 VTD: 0062 JOLLY (Part) Tract: 0220.02 Block(s): 201C, 405B, 406, 407, 408, 409, 410B, 411B, 412B VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH (Part) Tract: 0233.06 Block(s): 401 VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402, 403, 404, 405, 406 VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAX SILVER HILL (Part) Tract: 0219.03 Block(s): 349B VTD: OOBG STONE MOUNTAIN
District: 66
DEKALB COUNTY VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY (Part) Tract: 0220.02 Block(s): 303, 304B, 305B, 309, 310, 311, 312 VTD: 0076 MCLENDON VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE
District: 67
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0014 CALLANWOLDE

TUESDAY, FEBRUARY 11, 1992

597

VTD: 0024 CLAIREMONT VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY (Part)
Tract: 0215. Block(s): 114, 115
Tract: 0224.02 Block(s): 101, 102, 103, 105, 108, 109, 110, 111, 114, 115, 201, 203, 204, 205, 206, 207, 208A, 211, 212, 213, 214, 215, 220, 224, 227, 228
Tract: 0224.03 Block(s): 102, 108, 401A, 406, 407, 410, 411, 412, 413, 414, 420
Tract: 0225. Block(s): 101B, 109B
VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0061 JOHNSON ESTATES VTD: 0091 NORTH DECATUR VTD: OOAE PONCE DE LEON (Part)
Tract: 0225. Block(s): 309, 316, 317, 318, 319, 320, 505, 601, 602, 604, 605, 606, 608, 609, 610, 611, 612A, 614, 701, 702
VTD: OOAU SCOTT VTD: OOBW WESLEY WOODS (Part)
Tract: 0215. Block(s): 116, 117, 118, 119, 127, 128, 129, 130, 132, 133
Tract: 0224.02 Block(s): 202, 208B, 218, 219, 221, 222
VTD: OOBX WESTCHESTER
District: 68
DEKALB COUNTY VTD: 0038 EAST LAKE (Part) Tract: 0208. Block(s): 201, 202, 203, 204, 205, 214, 215, 501, 502, 503, 505, 506, 508, 509, 510, 512, 514, 515, 516, 518, 519, 521, 522, 523, 524, 525, 526, 527, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538 VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON (Part) Tract: 0225. Block(s): 401, 402, 403, 404, 405, 406, 408, 411, 412, 502, 503, 507, 508, 509, 510, 513, 603, 607 VTD: OOBD SOUTH DECATUR VTD: OOBJ TERRY MILL VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH
District: 69
DEKALB COUNTY

598

JOURNAL OF THE HOUSE,

VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0038 EAST LAKE (Part)
Tract: 0208. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 206, 207, 208, 209, 210, 211, 212, 213, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 316, 317, 318, 319, 320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 513
VTD: 0047 FORREST HILLS VTD: 0055 HOOPER ALEXANDER VTD: 0066 KNOLLWOOD VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: OOAG RAINBOW PARK (Part)
Tract: 0234.08 Block(s): 303, 304, 305
VTD: OOBK TILSON (Part) Tract: 0236. Block(s): 101, 103, 104, 105, 106, 205, 206, 207, 208, 209, 210, 211
VTD: OOBL TONEY VTD: OOBT WADSWORTH VTD: OOCB WINNONA
District: 70
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0031 CROSSROADS (Part) Tract: 0232.07 Block(s): 108A, 108B, 109, 110, 111, 112, 113, 120, 121, 122 VTD: 0098 PEACHCREST VTD: OOAF RAINBOW (Part) Tract: 0234.08 Block(s): 103, 301, 302, 801, 802, 803, 804, 812 VTD: OOAN ROWLAND VTD: OOBC SNAPFINGER VTD: OOBN TOWERS
District: 71
DEKALB COUNTY VTD: 0031 CROSSROADS (Part) Tract: 0232.07 Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119 VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 201B, 205, 209, 214, 215, 218, 219, 224, 226, 229 VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 507, 508, 509A Tract: 0233.07

TUESDAY, FEBRUARY 11, 1992

599

Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506
Tract: 0233.08 Block(s): 501, 502, 503, 504, 505, 515
VTD: OOAT SALEM VTD: OOBH STONEVIEW (Part)
Tract: 0233.03 Block(s): 210B, 2158
Tract: 0233.08 Block(s): 506, 507, 508, 509, 510, 511, 512, 513, 514, 516, 517, 518, 519, 520
District: 72
DEKALB COUNTY VTD: 0019 CEDAR GROVE (Part) Tract: 0234.04 Block(s): 115, 116, 117, 118, 120, 121, 122, 202, 203, 204, 209, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313. 325, 326, 327, 328, 329, 330, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 505 VTD: 0039 EASTLAND VTD: 0046 FLAT SHOALS VTD: 0050 GRESHAM PARK VTD: 0063 KELLY LAKE VTD: 0078 MEADOWVIEW VTD: OOBK TILSON (Part) Tract: 0236. Block(s): 107, 108, 109, 110, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 602, 603, 606, 607, 608, 609, 610, 611, 612, 613, 701, 702, 703, 705, 706, 708, 709, 711, 713, 714, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813
District: 73
DEKALB COUNTY VTD: 0007 BOB MATHIS VTD: 0019 CEDAR GROVE (Part) Tract: 0234.05 Block(s): 105, 106, 107, 108, 109, 111, 112, 113, 116, 117, 118, 119 VTD: 0022 CHAPEL HILL VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0077 MCWILLIAMS VTD: OOAF RAINBOW (Part) Tract: 0234.08 Block(s): 808, 809, 810, 811, 813, 814, 815, 816, 817, 818, 819, 820, 901A, 903, 904, 905, 906, 907, 908, 909 VTD: OOAG RAINBOW PARK (Part) Tract: 0234.03 Block(s): 920, 921, 923, 924 Tract: 0234.05 Block(s): 101, 114, 115 Tract: 0234.08 Block(s): 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 703, 704, 805,

600

JOURNAL OF THE HOUSE,

806, 807, 901B, 902 VTD: OOBE SPRING HILL VTD: OOBV WESLEY CHAPEL
District: 74
DEKALB COUNTY VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 201A, 202, 203, 204, 206, 207, 208, 210, 211, 216, 217, 234 VTD: OOAB PHILLIPS VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 201B, 202B, 205B, 208, 211C, 212, 213, 214, 307B, 308, 309B Tract: 0233.08 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610
ROCKDALE COUNTY VTD: 0003 FIAT SHOALS (Part) Tract: 0603.02 Block(s): 305B Tract: 0603.04 Block(s): 614C VTD: 0004 HONEY CREEK VTD: 0006 LORRAINE VTD: 0007 MAGNET VTD: 0009 OLDE TOWNE (Part) Tract: 0602. Block(s): 701A Tract: 0603.02 Block(s): 301A, 305A, 611A Tract: 0603.03 Block(s): 113A, 118A, 118B, 118C, 118D, 119A, 401A, 402, 403, 502A, 503, 504, 505, 506, 507, 508, 509, 510, 511, 702A Tract: 0603.04 Block(s): 102C, 106A, 107, 108, 109, 110, 111, 112, 113A, 401A, 402, 403A, 404, 405, 406, 407A, 503B, 507, 508, 509, 510A, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525A, 526, 527, 528A, 529, 530, 601A, 607A, 608, 609A, 610, 611A, 612, 613, 614A, 615A, 616A, 617A, 701A, 701B, 702A, 705A VTD: 0010 ROCKDALE VTD: 0012 SMYRNA VTD: 0013 STANTON VTD: 0015 BARKSDALE
District: 75
DEKALB COUNTY VTD: 0070 LITHONIA VTD: GOAL ROCKBRIDGE VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 310B, 315B, 316, 317, 318B, 319B, 320B, 321, 415B, 419, 420, 421B, 422
ROCKDALE COUNTY VTD: 0001 CONYERS VTD: 0002 FIELDSTONE VTD: 0003 FIAT SHOALS (Part) Tract: 0603.02

TUESDAY, FEBRUARY 11, 1992

601

Block(s): 203, 301B, 302, 303, 304, 305C, 305D, 306, 307, 308, 309, 401, 402, 623, 624, 625, 635, 636
Tract: 0603.04 Block(s): 611B, 614B, 614D, 615B, 616B, 701C, 702B, 703, 704, 705B, 706, 707, 708
VTD: 0005 LAKES DISTRICT VTD: 0008 MILSTEAD VTD: 0009 OLDE TOWNE (Part)
Tract: 0603.03 Block(s): 116A, 201B, 201C, 501A, 601B, 601E, 605A, 607A, 701A
VTD: 0011 SHEFFIELD VTD: 0014 HIGHTOWER
District: 76
GWINNETT COUNTY VTD: 0014 408E VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0054 1578D VTD: 0066 408J VTD: 0072 571C VTD: 0077 571B
District: 77
GWINNETT COUNTY VTD: 0003 405A VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0050 405H VTD: 0064 4051
District: 78
GWINNETT COUNTY VTD: 0004 405B VTD: 0035 406B VTD: 0037 406D VTD: 0043 406J VTD: 0061 4060 VTD: 0070 406P VTD: 0075 406R
District: 79
GWINNETT COUNTY VTD: 0034 406A VTD: 0036 406C VTD: 0038 406E VTD: 0039 406F VTD: 0058 406L VTD: 0059 406M VTD: 0060 406N

602

JOURNAL OF THE HOUSE,

District: 80
GWINNETT COUNTY VTD: 0018 1263A VTD: 0019 1263B VTD: 0024 404A VTD: 0040 406G VTD: 0041 406H VTD: 0052 1263C VTD: 0053 1263D VTD: 0074 404C
District: 81
GWINNETT COUNTY VTD: 0031 544A VTD: 0032 544B (Part) Tract: 0505.07 Block(s): 203 VTD: 0042 4061 VTD: 0057 406K VTD: 0069 544E VTD: 0071 406Q VTD: 0078 544D
District: 82
GWINNETT COUNTY VTD: 0027 444B (Part) Tract: 0505.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 140, 145, 146, 156, 157, 158, 159, 160, 161, 167, 191, 192, 193, 211, 223, 224 Tract: 0506.01 Block(s): 164 Tract: 0506.02 Block(s): 305, 333, 334, 335, 345, 346, 347 VTD: 0029 407B VTD: 0030 407C VTD: 0032 544B (Part) Tract: 0505.02 Block(s): 134A, 134B Tract: 0505.07 Block(s): 101A, 101B, 102A, 201, 202, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 306, 307, 308, 309, 310, 311, 701, 702A, 702B, 702C, 703, 704, 705A, 705B, 705C, 705D, 706, 707, 708 VTD: 0033 544C VTD: 0055 407D VTD: 0067 404B
District: 83
GWINNETT COUNTY VTD: 0010 408A VTD: 0011 408B

TUESDAY, FEBRUARY 11, 1992

603

VTD: 0012 408C VTD: 0013 408D VTD: 0015 408F VTD: 0016 408G VTD: 0051 408H VTD: 0065 4081 VTD: 0073 408K
District: 84
GWINNETT COUNTY VTD: 0001 1295A (Part) Tract: 0505.09 Block(s): 504, 505, 506, 507, 604 Tract: 0507.04 Block(s): 140 Tract: 0507.05 Block(s): 102A, 102B, 103, 104A, 104B, 112, 113, 114, 115, 116, 119, 122, 123, 124, 125A, 125B, 125C, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134A, 134B, 134C, 135, 136, 137, 138A, 138B, 138C, 139A, 139B, 140A, 140B, 140C, 141A, 141B, 141C, 149, 160B, 161A, 161B, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 213C, 214, 215, 216, 217, 218, 219, 220A, 220B, 221A, 221B, 222, 223A, 223B, 224, 226 VTD: 0002 1295B (Part) Tract: 0507.04 Block(s): 101, 102A, 102B, 103, 104, 105, 106, 107A, 107B, 108, 109, 110, 111A, 111B, 112, 113A, 113B, 113C, 113D, 113E, 114, 115A, 115B, 116A, 116B, 116C, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 139C, 141, 142, 143, 144, 201, 202, 203, 204, 206, 207 VTD: 0028 407A VTD: 0045 571A VTD: 0056 407E VTD: 0068 407F VTD: 0076 571D
WALTON COUNTY VTD: 0417 LOGANVILLE (Part) Tract: 1105. Block(s): 112A, 113A, 113B, 128A, 129A, 130, 131, 132, 135A, 136, 137, 138, 139, 140, 141A, 141B, 176A, 177, 178A, 178B, 179, 180A, 180B, 181A, 181B, 181C, 182, 183A, 203A, 204, 205A, 205B, 205C, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 232, 233, 234, 235, 237, 239A, 239B, 239C, 239D, 240A, 240B, 241, 242, 243, 244, 245, 246A, 246B, 246C, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 256A, 256B, 257A, 257B, 258A, 258C, 259, 314, 315, 317, 319, 320, 321, 322, 325, 342, 344, 345, 502
District: 85
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0008 MASHBURN
GWINNETT COUNTY VTD: 0026 444A VTD: 0044 1397 (Part)

604

JOURNAL OF THE HOUSE,

Tract: 0501.02 Block(s): 802A
Tract: 0506.01 Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106, 107A, 107B, 107C, 107D, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 124C, 124D, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 140, 141, 144, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 230, 231, 253, 254
VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0062 550C VTD: 0063 550D
District: 86
BARROW COUNTY GWINNETT COUNTY
VTD: 0001 1295A (Part) Tract: 0505.09 Block(s): 401, 405, 406, 407 Tract: 0507.05 Block(s): 101, 105, 106, 107, 108, 109, 110, 111, 117, 142, 143, 144, 145, 146, 147, 148, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203
VTD: 0017 1564 (Part) Tract: 0506.02 Block(s): 401, 402, 403, 404A, 404B, 405, 406, 407, 408, 409, 410A, 410B, 410C, 411A, 411B, 411C, 411D, 412, 413, 414A, 414B, 429, 430, 431, 432, 433, 434, 435, 436A, 436B, 436C, 437A, 437B, 437C, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457
VTD: 0025 478
District: 87
WALTON COUNTY VTD: 0250 CAMPTON VTD: 0414 GRATIS VTD: 0415 BETWEEN VTD: 0416 WALNUT GROVE VTD: 0417 LOGANVILLE (Part) Tract: 1105. Block(s): 107, 108, 109, 110, 112B, 113C, 121, 122, 123, 124, 125, 126, 127, 128B, 128C, 129B, 133, 135B, 141C, 142, 143, 147, 148, 149, 176B, 183B, 183C, 184, 201, 202, 203B, 205D, 228B, 229, 230, 231, 236, 238, 258B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 316, 318, 323, 324, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340,

TUESDAY, FEBRUARY 11, 1992

605

341, 343, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 501, 503, 504, 505 VTD: 0418 SOCIAL CIRCLE VTD: 0419 MONROE AND BLASINGAME VTD: 0454 MOUNTAIN VTD: 0502 JERSEY VTD: 0559 GOOD HOPE VTD: 1663 BOLD SPRINGS VTD: 1675 WHATLEY
District: 88
CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126, 127, 128, 129 Tract: 0013.02 Block(s): 108A, 108B, 108C, 108D, 108E, 117A, 117B, 118A, 118B, 119A, 120A, 120B, 120C, 120D, 120E, 120F, 121A, 121B, 121C, 121D, 121E, 125, 130A, 130B, 132A, 133A, 133B, 134, 135, 201A, 205A, 206A, 209A, 210A, 210B, 211A, 318A VTD: 001A PRECINCT 216-1A (Part) Tract: 0004. Block(s): 209, 210, 211, 212, 213, 214A, 215, 217 Tract: 0015.01 Block(s): 301A, 303A, 307A VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 105 Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 214 Tract: 0011. Block(s): 111, 112, 113, 114, 115, 201, 202, 203, 204 Tract: 0012. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223 Tract: 0015.02 Block(s): 306A, 418A, 419A VTD: 002B PRECINCT 216-2B VTD: 003A PRECINCT 216-3A VTD: 005B PRECINCT 216-5B (Part) Tract: 0008. Block(s): 124, 125, 130, 131, 209 Tract: 0013.02 Block(s): 320, 321, 322, 328A, 329, 330 VTD: 0217 PRECINCT 0217 (Part) Tract: 0004. Block(s): 216, 222 Tract: 0011. Block(s); 317A, 317B, 317C Tract: 0015.01 Block(s): 404, 405, 406, 407, 408, 409, 410, 411, 412 Tract: 0015.02 Block(s): 214, 215, 216, 301A, 301B, 302, 303B, 304, 305, 306C

606

JOURNAL OF THE HOUSE,

VTD: 0219 PRECINCT 0219 (Part) Tract: 0013.02 Block(s): 104, 128, 131, 133C
VTD: 1347 PRECINCT 1347 (Part) Tract: 0013.02 Block(s): 101, 102, 103, 105, 106, 107, 108F, 109, 110, 111, 112, 113, 114, 115, 116, 117C, 118C, 119B, 120G, 122, 123, 124, 126, 127, 129, 130C, 130D, 132B, 201B, 202, 203, 204, 205B, 206B, 207, 208, 209B, 210C, 211B, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318B, 319, 323, 324, 325, 326, 327, 328B
VTD: 144A PRECINCT 144B VTD: 144B PRECINCT 144A VTD: 1899 PRECINCT 1899 (Part)
Tract: 0004. Block(s): 203B, 214B
Tract: 0015.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301B, 302, 303B, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 401, 402, 403
District: 89
CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 136, 137, 138, 139, 140, 141, 142, 143 Tract: 0002. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 Tract: 0004. Block(s): 102, 103, 104, 105, 106, 107, 108, 109 Tract: 0005. Block(s): 101, 102 Tract: 0006. Block(s): 110, 125, 126, 127, 128, 142, 143, 201, 202, 203, 217, 218, 219 Tract: 0007. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 VTD: 001A PRECINCT 216-1A (Part) Tract: 0001. Block(s): 128, 129, 130, 131, 132, 133, 134, 135 Tract: 0003. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361 Tract: 0004. Block(s): 101, 110, 201, 202, 203A, 204, 205, 206, 207, 208 Tract: 0014.02 Block(s): 419A, 706A, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719A VTD: 001B PRECINCT 216-2B (Part)

TUESDAY, FEBRUARY 11, 1992

607

Tract: 0001. Block(s): 101, 102, 103, 104, 105, 107, 116, 117
Tract: 0003. Block(s): 102A, 103A, 104, 105, 106A, 108, 109, 112, 113, 114A, 115A, 117A, 117B, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 331
Tract: 0014.02 Block(s): 418A
VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 104
VTD: 003B PRECINCT 216-3B VTD: 005A PRECINCT 216-5A VTD: 005B PRECINCT 216-5B (Part)
Tract: 0008. Block(s): 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227
Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113
VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 101, 102B, 102C, 103B, 106B, 114B, 115B Tract: 0014.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253
VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 217, 218, 219, 401, 402, 403, 405, 411, 413, 420, 701, 702, 703, 704, 705, 706B, 706C, 719B, 723A
VTD: 1347 PRECINCT 1347 (Part) Tract: 0014.01 Block(s): 211, 212
District: 90
ELBERT COUNTY
OGLETHORPE COUNTY WILKES COUNTY
VTD: 0001 1 VTD: 0004 3A VTD: 0005 3B VTD: 0006 4A VTD: 0007 4B
District: 91
OCONEE COUNTY MORGAN COUNTY NEWTON COUNTY
VTD: 0004 BREWERS VTD: 0005 BRICK STORE VTD: 0009 MANSFIELD VTD: 0010 NEWBORN

608

JOURNAL OF THE HOUSE,

District: 92
NEWTON COUNTY VTD: 0001 TOWN VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS VTD: 0006 CEDAR SHOALS VTD: 0007 DOWNS VTD: 0008 GUM CREEK VTD: 0011 OXFORD VTD: 0012 ROCKY PLAINS VTD: 0013 STANSELL VTD: 0014 LEGUIN
District: 93
CLAYTON COUNTY VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 909, 921, 923 Tract: 0403.04 Block(s): 206, 225, 226, 227, 231, 232, 233 VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 304, 305, 309, 312, 313A, 313B, 315 Tract: 0404.05 Block(s): 104, 105 VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0028 RIVERDALE 3 (Part) Tract: 0405.04 Block(s): 301, 302, 309, 310A, 310B, 310C, 311A, 311B, 312, 315A, 315B, 315C, 329, 330A, 330B, 331, 333A, 333B Tract: 0405.05 Block(s): 301A, 310A, 310B, 310C VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 302, 303, 304, 305, 306, 307, 308, 311, 312, 314A, 314B VTD: 0032 RIVERDALE 7 (Part) Tract: 0404.05 Block(s): 106 Tract: 0405.03 Block(s): 301A, 301B, 313, 315, 316 VTD: 0033 RIVERDALE 8 (Part) Tract: 0405.04 Block(s): 330C, 333C, 334 Tract: 0405.05 Block(s): 221C, 301B, 309, 310D, 311, 312, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520
District: 94
CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 (Part)

TUESDAY, FEBRUARY 11, 1992

609

Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 910, 911, 912, 913, 914, 915, 916, 917, 918, 922, 933
Tract: 0403.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 224, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334
Tract: 0403.05 Block(s): 301, 302, 307A, 307B, 308A, 308B, 310, 311
VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 201A, 201B, 202, 203, 204, 205, 206, 207, 208A, 208B, 208C, 209, 214, 215, 216, 217A, 217B, 217C, 217D, 218, 219, 220, 303, 306, 314A, 314B, 316, 317 Tract: 0404.05 Block(s): 101, 102, 110, 119A, 119B, 120, 121, 122, 123, 124, 126, 127, 128, 129 Tract: 0404.06 Block(s): 103, 106, 107, 108, 109, 110, 113, 115, 116, 117, 130, 131, 132, 135A, 135B, 136
VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0021 ADAMSON MORROW 5 (Part)
Tract: 0404.01 Block(s): 706, 707, 708, 709, 710, 711
Tract: 0404.02 Block(s): 403, 405, 406, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 502, 503, 504, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533
Tract: 0404.03 Block(s): 401, 405, 406, 407, 408, 409
District: 95
CLAYTON COUNTY VTD: 0005 FOREST PARK 4 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 (Part) Tract: 0404.03 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.06 Block(s): 201, 202, 203, 218, 219, 220, 234, 235, 236, 237, 901, 902A, 902B, 904, 905, 906, 907A, 907B, 908, 909, 914, 915, 916, 917, 918, 923, 924, 925A, 925B, 929, 931, 933 Tract: 0406.04 Block(s): 301A, 301B, 302, 304, 319, 323, 324, 401, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414, 415A, 415B, 416, 417, 418, 419, 420, 423, 424A, 424B, 425, 426, 501, 502, 503, 504, 505A, 505B, 506, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 520, 522, 523, 524, 525,

610

JOURNAL OF THE HOUSE,

528, 529, 531A, 531B, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11
District: 96
CLAYTON COUNTY VTD: 0006 FOREST PARK 5 (Part) Tract: 0404.05 Block(s): 103, 109 VTD: 0027 RIVERDALE 2 VTD: 0028 RIVERDALE 3 (Part) Tract: 0405.05 Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 222, 224A, 226 VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 114, 115, 116, 117A, 117B, 118, 119A, 119B, 119C, 119D, 122, 125, 126, 309, 310, 317 Tract: 0405.06 Block(s): 201, 202, 203, 204, 205, 206, 207A, 208, 209, 210, 211A, 211B, 211C, 212, 213, 214, 215, 216 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 (Part) Tract: 0404.05 Block(s): 107, 108, 206, 207, 227 Tract: 0405.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 120, 121, 123, 402A, 402B, 402C, 402D, 402E, 403, 404, 405 VTD: 0033 RIVERDALE 8 (Part) Tract: 0405.05 Block(s): 221B, 221D, 224B, 225 VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.05 Block(s): 308, 309 Tract: 0406.04 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611 VTD: 0039 JONESBORO 10 (Part) Tract: 0405.07 Block(s): 101, 102, 103, 104, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 Tract: 0406.04 Block(s): 308C, 308D, 308F, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336 Tract: 0406.07 Block(s): 109
District: 97
CLAYTON COUNTY VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2

TUESDAY, FEBRUARY 11, 1992

611

VTD: 0016 LOVEJOY 3 VTD: 0025 PAN HANDLE VTD: 0039 JONESBORO 10 (Part)
Tract: 0405.08 Block(s): 501, 517, 518, 519, 520, 521, 522
VTD: 0040 JONESBORO 12
District: 98
DOUGLAS COUNTY VTD: 0001 DOUGLASVILLE VTD: 0002 BEULAH VTD: 0003 STEWART VTD: 0007 MOUNT CARMEL (Part) Tract: 0802. Block(s): 504, 505, 506, 507, 508, 509, 510, 517, 518, 519 Tract: 0806.01 Block(s): 102A, 102B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302A, 302B, 303, 305F, 305K, 307, 308, 309 Tract: 0806.02 Block(s): 210, 211, 212, 213 VTD: 0012 TURNER-LITHIA SPRINGS VTD: 0013 COMMERCIAL BANK VTD: 0014 LEE ROAD-LITHIA HIGH
District: 99
DOUGLAS COUNTY VTD: 0004 ARBOR STATION VTD: 0005 DORSETT SHOALS VTD: 0006 CHAPEL HILL VTD: 0007 MOUNT CARMEL (Part) Tract: 0806.01 Block(s): 211, 212, 213, 214, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 601, 602, 603, 604 Tract: 0806.02 Block(s): 102, 301, 302, 303, 304, 305, 306, 307, 401, 402 VTD: 0008 WINSTON VTD: 0009 FAIRPLAY VTD: 0010 MIDDLE VTD: 0011 BILL ARP
District: 100
CARROLL COUNTY VTD: 0001 TEMPLE 649 VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9906. Block(s): 135, 201, 202B Tract: 9907. Block(s): 225, 226, 227, 228, 229, 230, 231, 232, 236, 317, 318, 319, 320, 321, 322, 323, 401, 402, 403B, 403C, 403D, 404, 405B, 407, 408, 409C, 410B, 410C, 411B, 429B, 429C, 430C, 430D, 430E, 431B, 432B, 433C, 433D, 434, 435B, 435C, 436B, 436C, 439, 440, 441, 606, 607, 608, 609, 610B, 617, 618B, 619C, 620

612

JOURNAL OF THE HOUSE,

VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 101B, 102, 103, 104B, 105B, 106, 107, 108A, 108C, 108D, 109C, 110 Tract: 9906. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 128, 129, 130, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145A, 145C, 202C, 206, 207C, 208, 209, 210, 211, 212
VTD: 0009 SANDHILL VTD: 0010 CENTERPOINT VTD: 0012 MOUNT ZION VTD: 0015 BOWDEN JUNCTION VTD: 0018 VILLA RICA CITY VTD: 0019 VILLA RICA COUNTY VTD: 0021 LAKESHORE RECREATION CENTER 714A2 VTD: 0022 BONNER 714A3 VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part)
Tract: 9911. Block(s): 127, 208, 209, 227A, 227B, 228A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 312, 313, 314A, 315A, 315B, 316A, 316B, 317A
District: 101
CARROLL COUNTY VTD: 0002 WHITESBURG 682 VTD: 0003 ROOPVILLE 713 VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9907. Block(s): 185, 186, 187, 221, 222, 224, 233, 234, 235, 237, 238, 603, 604, 605, 625, 626, 627, 628 VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 111B, 111C VTD: 0006 CENTRAL HIGH 714 B SOUTH VTD: 0007 KANSAS VTD: 0008 BOWDEN VTD: 0011 LOWELL VTD: 0013 BURWELL VTD: 0014 CLEM VTD: 0016 TYUS VTD: 0017 HULETT VTD: 0020 WEST SIDE GYM 714A1 VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9905. Block(s): 501, 502, 503, 504, 505, 506, 508, 509, 510, 511, 512, 513A, 514A, 514B, 515A, 515B, 527A, 528, 529, 530, 531, 532, 533, 534, 535, 601A, 602, 603A, 606A VTD: 0024 OLD CAMP CHURCH 714B WEST VTD: 0025 OAK GROVE CHURCH 715
District: 102
HARRIS COUNTY MERIWETHER COUNTY
VTD: 0006 CHALYBEATE AND LOVE (Part) Tract: 9705. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126,

TUESDAY, FEBRUARY 11, 1992

613

127, 128, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 201, 202, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 271, 272, 274, 275, 276, 277, 278, 501A, 501B, 502, 503A, 503B, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526A, 526B, 527, 528, 538A, 538B, 539A, 539B, 541, 542, 543, 544, 545, 546, 547 VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 529, 530, 531, 532, 533, 534, 535, 536, 537, 540, 635, 636, 643, 644, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714B, 715, 716, 717, 718, 719, 720, 722, 725, 726, 727, 728, 729, 730, 734, 735, 738, 739 VTD: 0009 WARM SPRINGS (Part) Tract: 9705. Block(s): 281, 282, 283 Tract: 9706. Block(s): 111A, 116A, 118A, 120A, 121, 122, 123A, 124, 125, 126, 127, 128, 129, 130, 131, 132A, 140, 141, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 228B, 229, 230, 231, 232, 233, 234, 235A, 235B, 235C, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245A, 245B, 246, 247, 248, 249, 250A, 250B, 251, 252A, 252B, 253, 254, 255, 256A, 256B, 257A, 257B, 258, 259, 260, 261, 262, 263, 264, 265, 266A, 266B, 267, 268, 269, 270, 271, 272, 273, 274, 301, 325, 360, 361, 362, 363, 364, 365, 368, 388, 389, 390, 391, 392 VTD: 0010 DURAND (Part) Tract: 9706. Block(s): 217, 218, 219, 275, 276, 277, 312, 313, 314, 315, 316, 317, 318, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 366, 367, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 393, 394, 395, 396, 397 TALBOT COUNTY VTD: 3002 FLINT HILL (Part) Tract: 9601.98 Block(s): 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 190, 191, 192, 193, 201A, 201B, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228 TROUP COUNTY
VTD: 0005 WEST POINT
VTD: 0008 ROUGH EDGE (Part)
Tract: 9607.
Block(s): 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546
Tract: 9611.
Block(s): 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,

614

JOURNAL OF THE HOUSE,

129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269 VTD: 0011 LONG CANE VTD: 0013 GRAY HILL
District: 103
HEARD COUNTY COWETA COUNTY
VTD: 0003 THIRD (SMOKEY ROAD) VTD: 0004 FOURTH (HANDY) VTD: 0007 EIGHTH (CEDAR CREEK) VTD: 0008 NINTH (GRANTVILLE) VTD: 0010 ELEVENTH (HURRICANE) VTD: 0011 TWELFTH (PANTHER CREEK) VTD: 0015 FIFTEENTH (NEWNAN) VTD: 0016 SIXTEENTH (NEWNAN) (Part)
Tract: 1703. Block(s): 410B, 417B, 418
Tract: 1706. Block(s): 501, 502B, 503B, 504B, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533
VTD: 0018 EIGHTEENTH (NEWNAN) VTD: 0019 NINETEENTH (NEWNAN) VTD: 0020 TWENTIETH (NEWNAN) VTD: 0021 TWENTY-FIRST (WHITE OAK) (Part)
Tract: 1703. Block(s): 308, 309, 310, 311, 312, 317, 318, 319, 328, 331, 332, 333, 334, 335, 336, 337, 338, 340, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436
Tract: 1704. Block(s): 315, 318, 321, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354
District: 104
COWETA COUNTY VTD: 0005 SIXTH (SHARPSBURG) VTD: 0006 SEVENTH (PALMETTO) VTD: 0022 TWENTY-SECOND (MADRAS)
FAYETTE COUNTY VTD: 0001 BLACKROCK (Part) Tract: 1404.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 211B, 212B, 214, 215B, 216, 217, 218, 219, 220, 221, 222, 223B, 224, 225, 226, 227B, 228B, 229B, 229C, 236, 237, 238, 239, 240B, 501, 502 VTD: 0003 EUROPE VTD: 0004 FAYETTEVILLE EAST VTD: 0005 FAYETTEVILLE WEST (Part) Tract: 1404.01

TUESDAY, FEBRUARY 11, 1992

615

Block(s): 318A, 318B, 319A, 320, 321A VTD: 0006 FLINT VTD: 0007 HOPEFUL VTD: 0008 MORNING CREEK VTD: 0009 RAREOVER VTD: 0010 SANDY CREEK VTD: 0023 KENWOOD VTD: 0024 BANKS
District: 105
FAYETTE COUNTY VTD: 0002 BROOKS VTD: 0005 FAYETTEVILLE WEST (Part) Tract: 1401.02 Block(s): 224A Tract: 1402.01 Block(s): 324A, 327A Tract: 1403.01 Block(s): 101A, 102A Tract: 1404.01 Block(s): 210A, 210B, 211A, 212A, 213, 215A, 223A, 227A, 228A, 229A, 230, 231, 232, 233, 234, 235, 240A, 241, 242, 301, 302, 303, 304, 305, 306, 307A, 308, 309, 310A, 310B, 311, 312A, 312B, 312C, 313A, 314A, 315A VTD: 0011 SHAKERAG EAST VTD: 0012 SHAKERAG WEST VTD: 0013 STARRSMILL VTD: 0014 WHITEWATER VTD: 0015 WOOLSEY VTD: 0016 MCINTOSH VTD: 0017 OAK GROVE AND FLAT CREEK AND PART BRAELINN VTD: 0018 KEDRON VTD: 0019 ABERDEEN VTD: 0020 WINDGATE VTD: 0022 BRAELINN VTD: 0025 HARPS CROSSING VTD: 0026 WILLOW POND
District: 106
COWETA COUNTY VTD: 0001 FIRST (SENIOA) VTD: 0009 TENTH (HARALSON) VTD: 0012 THIRTEENTH (RAYMOND) VTD: 0013 FOURTEENTH (TURIN) VTD: 0021 TWENTY-FIRST (WHITE OAK) (Part) Tract: 1703. Block(s): 409C, 409D Tract: 1706. Block(s): 603, 604, 605, 606, 607, 608, 609B, 610C, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 641, 642
SPALDING COUNTY VTD: 0003 GRIFFIN THREE (Part) Tract: 1609. Block(s): 423, 424, 425, 426, 427, 428, 434, 435, 436, 437, 504, 505, 506 Tract: 1611. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 204, 205, 206,

616

JOURNAL OF THE HOUSE,

207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 219, 220, 221, 222, 223, 224, 225, 227 Tract: 1612. Block(s): 101, 102, 103, 104, 105, 106, 107 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1605. Block(s): 125, 150A, 151A, 152A, 153A, 155, 160A, 161A, 162B, 174A, 174B, 174C, 175, 176, 177A, 177B Tract: 1607. Block(s): 520A, 521A, 522A, 523A, 524A, 526A, 527A, 528A, 528B, 529, 530A, 531, 532A, 532B VTD: 0006 GRIFFIN SIX VTD: 0008 AFRICA VTD: 0012 EXPERIMENT (Part) Tract: 1604. Block(s): 106, 107, 108, 109, 110A, 111, 112, 113A, 201A Tract: 1605. Block(s): 121, 122, 123C, 124, 128, 129B, 130, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150B, 151B, 152B, 162C, 163B, 164, 173A, 173B Tract: 1607. Block(s): 520B, 521B, 522B, 523B VTD: 0013 LINE CREEK VTD: 0014 MOUNT ZION VTD: 0015 ORRS WEST VTD: 0016 UNION
District: 107
HENRY COUNTY VTD: 0015 HAMPTON VTD: 0035 LOWES VTD: 0060 SIXTH (Part) Tract: 0701.03 Block(s): 501, 502, 503, 504, 505 Tract: 0703.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 301, 302 VTD: 0065 STOCKBRIDGE (Part) Tract: 0701.03 Block(s): 506, 507
SPALDING COUNTY VTD: 0001 GRIFFIN ONE VTD: 0002 GRIFFIN TWO VTD: 0003 GRIFFIN THREE (Part) Tract: 1609. Block(s): 214B, 215, 227B, 234C, 235C, 429, 430, 433, 501, 502, 503, 507B, 507C, 508B, 509B, 510B, 511B, 512, 513, 514, 515, 516B, 517, 518B, 519 Tract: 1611. Block(s): 202A, 226, 228, 229A Tract: 1612. Block(s): 108, 109 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1604. Block(s): HOB, 113B, 120B, 121, 122, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219,

TUESDAY, FEBRUARY 11, 1992

617

220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248B, 249, 250, 251B, 252, 253, 254 Tract: 1605. Block(s): 123A, 123B, 126, 127A, 127B, 129A, 147A, 148A, 162A, 163A, 165, 166, 167 Tract: 1608. Block(s): 401, 402, 403, 407, 408, 421B VTD: 0007 GRIFFIN SEVEN VTD: 0009 AKIN VTD: 0010 CABIN VTD: 0011 EAST GRIFFIN VTD: 0012 EXPERIMENT (Part) Tract: 1603. Block(s): 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 211, 212, 213B, 215, 216B Tract: 1604. Block(s): 119, 120A, 123A, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 161, 162A, 163A, 164A, 164B, 169, 170
District: 108
HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0020 HIGHLAND VILLAGE (Part) Tract: 0701.02 Block(s): 161, 162, 201, 202, 203, 204, 205, 206 Tract: 0701.03 Block(s): 101, 102, 103, 104, 130A, 130C, 132B, 133, 134, 135, 136, 137, 138, 139, 201B, 238B, 239B, 240B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324B, 325, 326B, 326C, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405B, 406B, 441, 442B, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 467, 468, 469 Tract: 0702.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109 VTD: 0025 LOCUST GROVE VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0055 SHAKERAG VTD: 0060 SIXTH (Part) Tract: 0701.03 Block(s): 458, 459 VTD: 0065 STOCKBRIDGE (Part) Tract: 0701.02 Block(s): 112 Tract: 0701.03 Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118A, 118B, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130B, 131, 132A, 201A, 202, 203A, 203B, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 210A, 210B, 211, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 214D, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238A, 239A, 240A, 324A, 326A, 405A, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417,

618

JOURNAL OF THE HOUSE,

418A, 418B, 419, 420A, 420B, 420C, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 442A, 443A, 455, 456, 457, 460, 461, 462, 463, 464, 465, 466, 470, 471 VTD: 0070 SWAN LAKE (Part) Tract: 0701.02 Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0075 TUSSAHAW
District: 109
BUTTS COUNTY HENRY COUNTY
VTD: 0005 BEERSHEBA VTD: 0020 HIGHLAND VILLAGE (Part)
Tract: 0702.01 Block(s): 136, 139, 140, 141, 142, 143, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154
VTD: 0030 LOVES (Part) Tract: 0702.01 Block(s): 101, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 137, 138, 146 Tract: 0702.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 203, 204, 205, 206, 207, 208, 209A, 211, 212, 213, 214 Tract: 0702.03 Block(s): 101
VTD: 0045 MCMULLEN VTD: 0050 SANDY RIDGE VTD: 0070 SWAN LAKE (Part)
Tract: 0701.02 Block(s): 101, 102, 103, 104, 105, 120, 121, 122, 123, 124
Tract: 0701.98 Block(s): 101, 102, 103, 104, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 152, 153, 154, 155, 156, 157, 158, 159, 160
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 191, 192, 265, 266, 267, 268, 269, 270, 271, 272 Tract: 9702. Block(s): 144A, 144C, 145A, 145B, 145C, 145D, USE, 146, 147A, 147B, 148A, 148B, 148C, 149, 150, 153, 154, 155A, 155C, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210A, 210B, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413A, 413B, 414, 415, 416, 417A, 417B, 417C, 418A, 418B, 418C, 425, 426, 427, 502A, 503A, 504A, 505, 507, 508 Tract: 9703.

TUESDAY, FEBRUARY 11, 1992

619

Block(s): 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 306A, 307A, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326A, 326B, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 430A, 430B, 431, 432, 433A, 433B, 434A, 434B, 435A, 435B, 436A, 436B, 436C, 436D
VTD: 0002 MILNER GMD 540 VTD: 0003 JOHNSTANVILLE GMD 504 (Part)
Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 151, 152, 171, 172, 173, 174, 175, 176, 201, 221, 222, 223
VTD: 0004 CHAPPELL GMD 523
District: 110
JASPER COUNTY MONROE COUNTY JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 117, 118, 119, 124, 125, 204, 205, 206, 208, 209, 225, 226, 227 Tract: 0302. Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178, 179, 180, 181, 182, 183, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 301, 307, 308, 309, 311, 312, 313 Tract: 0303. Block(s): 301, 302, 304, 307, 308, 311, 314B, 316B, 316C, 317B, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 347, 377, 378, 379
VTD: 0002 FINNEY AND WHITE VTD: 0006 SANDERS LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part)
Tract: 9701. Block(s): 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387
Tract: 9702. Block(s): 143, 144B, 155B, 167, 168, 169, 170, 419, 420, 421, 422, 423, 424, 501, 502B, 503B, 504B, 506, 509, 510, 511, 512, 513, 514, 515, 516, 517, 521, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574
Tract: 9703. Block(s): 105, 106, 301, 302, 303, 304, 305, 306B, 307B, 338, 339, 401, 402, 403, 404, 405, 406, 427, 428, 429, 430C, 437, 438, 439, 440A, 442, 443, 444, 467A, 470, 471, 473, 474A
VTD: 0005 REDBONE GMD 539 VTD: 0006 PIEDMONT GMD 1494
District: 111
GREENE COUNTY TALIAFERRO COUNTY WARREN COUNTY

620

JOURNAL OF THE HOUSE,

HANCOCK COUNTY PUTNAM COUNTY
VTD: 1701 1 (Part) Tract: 9601. Block(s): 221 Tract: 9602. Block(s): 241, 242, 246, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 611, 612, 613A, 613B, 614, 615, 616, 617A, 617B, 617C, 618A, 618B, 618C, 619, 620, 621A, 621B, 622, 623, 624, 625, 626, 627, 702, 703, 704, 705, 710, 711, 712, 713, 714, 715, 716, 717, 718A, 718B, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733A, 733B, 734A, 734B, 735 Tract: 9603. Block(s): 201, 213, 214, 215, 216, 217, 220, 235, 236
VTD: 1702 2 (Part) Tract: 9601. Block(s): 108, 109, 110, 113, 114, 123, 124, 125, 206, 207 Tract: 9602. Block(s): 145, 146, 148, 149, 156, 157, 158, 159, 167B, 167C, 168D, 308, 318, 402, 403B, 405, 406B, 407A, 407C, 415, 416, 417, 418, 423, 424, 425, 426, 427, 428, 429, 430, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 602A, 602B, 603A, 603B, 604, 605, 606, 607, 608, 609, 610A, 610B, 628, 629, 630, 631, 632, 701, 706, 707, 708, 709
VTD: 1703 3 (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 111, 115, 191 Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 140, 141, 143, 144, 167A, 168C, 315, 316, 317, 319, 320
District: 112
MCDUFFIE COUNTY COLUMBIA COUNTY
VTD: 0002 PRECINCTS TWENTY AND THIRTY (Part) Tract: 0305.01 Block(s): 302, 303A, 303B, 304, 305A, 305B, 306A, 306B, 307, 308, 309A, 309B, 309C, 309D, 309E, 309F, 310A, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338, 339A, 339B, 339C, 339D, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355A, 355B, 356A, 356B, 356C, 356D, 356E, 356F, 356G, 356H, 357A, 358, 359A, 359B, 360A, 360B, 361, 362, 363, 364, 365, 366A, 366B, 367A, 367B, 368, 369, 370, 371, 372, 373, 374, 375, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 901A, 901B
VTD: 0003 PRECINCT TWENTYFIVE (Part) Tract: 0305.01 Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 131, 134, 135, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235,

TUESDAY, FEBRUARY 11, 1992

621

236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 357B LINCOLN COUNTY WILKES COUNTY VTD: 0002 2A VTD: 0003 2B
District: 113
COLUMBIA COUNTY VTD: 0001 PRECINCT TEN VTD: 0002 PRECINCTS TWENTY AND THIRTY (Part) Tract: 0305.01 Block(s): 301, 376, 377, 378, 396, 397 Tract: 0305.02 Block(s): 414, 415A, 415B, 416, 417A, 417B, 418A, 418B, 422, 423, 424A, 424B, 436, 437, 438, 439, 462B, 473, 474, 475, 525B, 526, 527B, 527C, 531B, 531C, 531D, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565 VTD: 0003 PRECINCT TWENTYFIVE (Part) Tract: 0305.01 Block(s): 101, 102, 103, 104, 125, 126, 127, 128, 129, 130, 132, 133, 136, 137, 138, 139 VTD: 0005 PRECINCTS FORTY AND FIFTY VTD: 0007 PRECINCT SIXTY VTD: 0011 PRECINCT ONE HUNDRED VTD: 0012 PRECINCT ONE HUNDRED TEN VTD: 0013 PRECINCT ONE HUNDRED TWENTY VTD: 0014 PRECINCT ONE HUNDRED THIRTY VTD: 0015 PRECINCT ONE HUNDRED THIRTYFIVE VTD: 0016 PRECINCT SIXTYFIVE VTD: 0017 PRECINCT ONE HUNDREDTWENTYFIVE
District: 114
COLUMBIA COUNTY VTD: 0002 PRECINCTS TWENTY AND THIRTY (Part) Tract: 0305.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 419, 420, 421, 425, 426, 427, 428A, 428B, 429, 430A, 430B, 431, 432, 433, 434, 435, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454A, 454B, 455, 456, 457, 458, 459, 460, 461, 462A, 463, 464, 465, 466, 467, 468, 469, 470, 471A, 471B, 472A, 472B, 476, 477, 478, 479, 480, 501, 502, 503, 504, 505, 506, 507A, 507B, 507C, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520A, 520B, 521, 522A, 522B, 522C, 522D, 523, 524, 525A, 527A, 528, 529, 530, 531A, 532, 533, 534A, 534B, 551, 552, 553, 554, 555 VTD: 0008 PRECINCT SEVENTY VTD: 0009 PRECINCT EIGHTY VTD: 0010 PRECINCT NINETY VTD: 0018 PRECINCT EIGHTYFIVE VTD: 0019 PRECINCT SEVENTYFIVE
RICHMOND COUNTY VTD: 0057 90-2 VTD: 0059 90-4 (Part) Tract: 0102.01

622

JOURNAL OF THE HOUSE,

Block(s): 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127 VTD: 0060 90-5
District: 115
RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0007. Block(s): 301, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 412, 413, 416, 420 VTD: 0004 2A (Part) Tract: 0008. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320 VTD: 0005 3 (Part) Tract: 0009. Block(s): 610, 612 Tract: 0010. Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 406, 415, 416, 417, 418, 419, 420, 422, 423, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 444 VTD: 0006 3A (Part) Tract: 0010. Block(s): 105A, 119, 120, 121 Tract: 0013. Block(s): 102, 103, 104, 105, 205A Tract: 0014. Block(s): 103 VTD: 0012 5 (Part) Tract: 0003. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 119, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304, 307, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 340, 341, 342, 343, 344, 345, 401, 402, 403, 404, 405, 409, 410, 411, 412, 413, 415, 416, 417, 418, 419, 420, 421, 422 Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108. 109, 110, 111, 112, 113, 114 Tract: 0010. Block(s): 101, 102, 103, 104, 106, 107, 108, 109. 110, 111, 112, 113, 123, 124, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304 VTD: 0013 5A VTD: 0014 5B VTD: 0015 6

TUESDAY, FEBRUARY 11, 1992

623

VTD: 0017 6B VTD: 0018 6C (Part)
Tract: 0013. Block(s): 101, 106, 107, 108, 201, 202, 203, 204
VTD: 0019 7 VTD: 0020 7A VTD: 0021 8 VTD: 0022 8A (Part)
Tract: 0011.
Block(s): 207, 208 Tract: 0012.
Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B
Tract: 0016. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
116, 117, 118, 119, 202A, 205, 206, 209, 212, 213A, 215, 216, 217, 218, 219A, 226A, 227A, 233 VTD: 0037 87-1
VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0059 90-4 (Part)
Tract: 0102.01 Block(s): 101, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 129, 130, 201, 202,
203, 204, 205, 206
District: 116
RICHMOND COUNTY VTD: 0022 8A (Part) Tract: 0016. Block(s): 207A, 208A VTD: 0023 8B (Part) Tract: 0016. Block(s): 214, 503A, 601, 602, 603, 604, 605A, 901A, 902, 903A, 904, 905A VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 112, 113, 114, 115, 116, 117, 118, 119, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 148, 149, 150 VTD: 0046 89-1 VTD: 0047 89-2 VTD: 0050 89-5 VTD: 0051 89-6 VTD: 0053 89-8 (Part) Tract: 0105.04 Block(s): 927, 928, 948, 949, 950, 951, 952, 953 VTD: 0055 89-10

624

JOURNAL OF THE HOUSE,

VTD: 0058 90-3 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6 (Part)
Tract: 0107.03 Block(s): 101, 102, 109
Tract: 0108. Block(s): 901E
District: 117
RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0007. Block(s): 414, 417 Tract: 0009. Block(s): 501, 502, 503, 504, 509, 510, 601, 605 VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 606, 607, 608, 609, 613 VTD: 0006 3A (Part) Tract: 0013. Block(s): 209, 217A, 218, 219, 220, 221, 301, 302, 303, 304, 305, 306 Tract: 0014. Block(s): 101, 102, 105, 108, 109, 110, 111, 201, 202, 203, 204, 206, 207, 208, 209, 210, 219, 220, 410, 411, 412, 501, 502, 508, 509 VTD: 0007 3B VTD: 0009 4A VTD: 0011 4C VTD: 0016 6A VTD: 0024 8C VTD: 0027 85-2 (Part) Tract: 0105.08 Block(s): 101, 102, 103, 104, 105, 106, 107, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126 Tract: 0105.10 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 118, 119, 120, 121, 122, 123, 124, 901, 902 VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0052 89-7 VTD: 0053 89-8 (Part) Tract: 0105.04 Block(s): 929, 930, 935, 936, 937, 938, 939, 941, 946, 947, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986 Tract: 0105.05 Block(s): 815
District: 118
RICHMOND COUNTY

TUESDAY, FEBRUARY 11, 1992

625

VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 (Part)
Tract: 0007. Block(s): 112, 113, 114, 115, 117, 118, 125, 126, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 302, 303, 304, 319, 320, 323, 324, 410, 411, 415, 419, 421, 422
Tract: 0009. Block(s): 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403, 404, 405, 406, 407, 408, 409, 505, 506, 507, 508, 511
Tract: 0015. Block(s): 101A, 103, 307, 308, 309
Tract: 0106. Block(s): 902A, 902B, 902C, 906A, 906B, 907, 915A, 915B, 917, 918, 919, 920A
VTD: 0004 2A (Part) Tract: 0006. Block(s): 506, 507, 512 Tract: 0007. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 116, 119, 120, 121, 122, 123, 124, 127 Tract: 0008. Block(s): 201, 202, 203, 204, 205, 206, 207, 209, 210
VTD: 0008 4 VTD: 0010 4B VTD: 0026 85-1 VTD: 0027 85-2 (Part)
Tract: 0105.08 Block(s): 108, 109, 110, 127, 128, 129, 701, 702, 703, 704, 705, 706, 707, 711
Tract: 0105.11 Block(s): 201, 313, 314, 315, 316, 317, 318, 319, 320, 327, 328, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917
VTD: 0028 85-3 VTD: 0029 86-1 (Part)
Tract: 0105.08 Block(s): 708, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721
Tract: 0105.09 Block(s): 719, 720, 726
Tract: 0105.10 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520
VTD: 0030 86-2 (Part) Tract: 0105.11 Block(s): 202, 203, 204, 214, 215. 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 322
VTD: 0048 89-3 VTD: 0049 89-4
District: 119
RICHMOND COUNTY VTD: 0030 86-2 (Part) Tract: 0105.10

626

JOURNAL OF THE HOUSE,

Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439
Tract: 0105.11 Block(s): 321, 323, 324, 325, 326, 414
VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247
VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 108, 110, 111, 120, 121, 122, 123, 124, 125, 126, 141, 142, 143, 144, 145, 146, 147, 151, 152, 153 Tract: 0107.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163 Tract: 0108. Block(s): 901F
VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0035 86-7 VTD: 0036 86-8 VTD: 0068 FG6 (Part)
Tract: 0107.03 Block(s): 154, 155
District: 120
JEFFERSON COUNTY BURKE COUNTY
VTD: 0003 GOUGH VTD: 0006 MIDVILLE VTD: 0007 MUNNERLYN VTD: 0009 SCOTTS CROSSROAD VTD: 0011 ST CLAIR VTD: 0012 VIDETTE VTD: 0014 NORTH WAYNESBORO VTD: 0015 SOUTH WAYNESBORO WASHINGTON COUNTY VTD: 0003 DAVISBORO VTD: 0004 SANDERSVILLE (Part)
Tract: 9503. Block(s): 152, 201, 202, 203, 204, 205, 206A, 207, 211A, 212A, 213A, 214A, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236, 237,

TUESDAY, FEBRUARY 11, 1992

627

238, 239A, 239B, 249, 250, 253, 254, 264, 265, 266, 267, 268, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 423, 424, 425, 426, 427, 428, 429 Tract: 9504. Block(s): 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 308, 309, 310, 315, 316, 317, 318, 319, 320, 324, 325, 401, 402A, 402B, 403, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414, 415A, 415B, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438 Tract: 9505. Block(s): 215, 216, 218, 219, 226
District: 121
GLASCOCK COUNTY BALDWIN COUNTY
VTD: 0001 MONTPELIER- EAST BALDWIN VTD: 0002 NORTH BALDWIN 318 (Part)
Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
JOHNSON COUNTY VTD: 0001 RIVER VTD: 0002 BRAY VTD: 0003 IVEY VTD: 0004 PRICE VTD: 0005 POWELL VTD: 0006 KITE VTD: 0007 MOORES CHAPEL VTD: 0011 SPANN VTD: 0012 WRIGHTSVILLE
PUTNAM COUNTY VTD: 1701 1 (Part) Tract: 9602. Block(s): 234 VTD: 1702 2 (Part)
Tract: 9602.
Block(s): 168A, 168B, 168E, 169, 170, 186, 187, 188, 189, 190, 191, 192 VTD: 1703 3 (Part)
Tract: 9601.
Block(s): 112, 116, 117, 118, 119, 120, 121, 122, 126, 127, 131, 132, 133, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 150, 189, 190, 192, 193, 194, 195, 196
Tract: 9602.
Block(s): 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122,
123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135,
136, 137, 138, 139, 142, 147, 150, 151, 152, 153, 154, 155, 160, 161, 162, 163, 164, 165, 166, 171, 172, 173, 174, 175, 176, 177,
178, 179, 180, 181, 182, 183, 184, 185, 193, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230,
231, 232, 233, 235A, 235B, 236, 237, 238, 239, 240, 243, 244A, 244B, 245A, 245B, 247, 248, 249, 250, 251, 252, 253, 254, 255,
256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268,
269, 270, 271, 272, 301, 302, 303, 304, 305, 306, 307, 309, 310,

628

JOURNAL OF THE HOUSE,

311, 312, 313, 314, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 330, 331, 403A, 404, 406A, 407B, 419, 420, 421,
422 VTD: 1704 4 WASHINGTON COUNTY VTD: 0001 OCONEE VTD: 0002 HARRISON VTD: 0004 SANDERSVILLE (Part)
Tract: 9501. Block(s): 194, 195
Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 153, 154, 155A, 155B, 156A, 156B, 157, 158, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176A, 176B, 177A, 177B, 178, 179, 180, 181, 182, 206B, 208, 209, 210, 211B, 212B, 213B, 214B, 240, 241, 242, 243, 244, 251, 257, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422
Tract: 9504. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116B, 120, 121, 122, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 166, 169, 170, 171, 172, 173, 196, 197, 201, 202, 203, 204, 205, 206, 207A, 207B, 207C, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 216, 217, 218A, 218B, 219, 220, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303, 304, 305, 306, 307, 311, 312, 313, 314, 321, 322, 323
Tract: 9507. Block(s): 102, 103, 104A, 104B, 116, 117, 118, 119, 120A, 120C, 121, 302
VTD: 0005 DEEP STEP VTD: 0006 RIDDLEVILLE VTD: 0007 WARTHEN VTD: 0008 TENNILLE
District: 122
BALDWIN COUNTY VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 107C, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221,
222, 223, 224A, 224B, 225, 226, 227, 301B,
306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402
Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
116, 117, 118, 119, 120, 121, 122, 123,
124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147,

TUESDAY, FEBRUARY 11, 1992

629

148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 220E, 222C, 225B, 226B, 227, 228, 229B Tract: 9704. Block(s): 101B VTD: 0003 WEST BALDWIN 319 VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N VTD: 0008 SOUTH MILLEDGEVILLE 320S VTD: 0009 WEST HARDWICK 321W VTD: 0010 GMC 320G VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H VTD: 0012 FIRST CHRISTIAN CHURCH 320C VTD: 0013 SCOTTSBORO 1714
District: 123
WILKINSON COUNTY TWIGGS COUNTY JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0302. Block(s): 174, 302, 303, 304, 305, 306, 310 Tract: 0303. Block(s): 303, 305, 306, 309, 310, 312, 313B, 318B, 320, 321, 322, 323, 345, 346, 349, 351, 352, 353, 354, 355, 356, 357, 465B
VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS VTD: 0007 DAVIDSON VTD: 0008 ROBERTS 4
District: 124
BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0013 GODFREY 04 VTD: 0034 VINEVILLE 01 (Part) Tract: 0102. Block(s): 101 Tract: 0106. Block(s): 101, 102, 103, 106, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 215, 216, 217, 402

630

JOURNAL OF THE HOUSE,

Tract: 0107. Block(s): 101, 102, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 151, 152, 155, 156, 201, 202B, 203, 244, 253B, 255, 301, 302, 303, 304, 305, 314, 316B, 317, 318, 319, 320, 321, 322, 324, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343
Tract: 0108. Block(s): 102, 103, 104, 106, 107, 108, 109, 110, 112, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 204, 205, 206, 208, 210, 211, 213, 214, 220, 221, 223, 224, 225, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325
District: 125
BIBB COUNTY VTD: 0007 EM07 VTD: 0014 GODFREY 05 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 (Part) Tract: 0132.01 Block(s): HOB, 111, 112, 113, 114, 115B, 116, 117, 118B, 119B, 119C, 120B, 121C, 121D, 123, 124, 201B, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211A, 211B, 212A, 212B Tract: 0132.02 Block(s): 102B, 102D, 103A, 103B, 113A, 113B, 113C, 113D, 114A, 114B Tract: 0134.97 Block(s): 122 Tract: 0136.01 Block(s): 201, 202, 203, 205, 206, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0136.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110A, HOB, 111A, 111B, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 122 VTD: 0024 HO 01 (Part) Tract: 0121. Block(s): 102A Tract: 0134.97 Block(s): 208A, 209A, 210A, 216A, 217A, 220 VTD: 0025 HO 02 (Part) Tract: 0121. Block(s): 102C, 102D, 102E, 103, 207D, 208, 209, 210C, 211, 212, 213B, 223B Tract: 0122. Block(s): 226 Tract: 0132.01 Block(s): 101B, 121E Tract: 0134.97 Block(s): 101, 102, 103, 104, 105, 106, 107, 108B, 115, 116, 117, 118, 119, 120, 121, 123, 206D, 207, 208B, 209B, 210B, 211, 212, 213, 214, 215, 216B, 217B, 218, 219, 304B, 305, 308, 309, 310, 317, 318, 319, 320, 321 VTD: 0032 RUTLAND 01

TUESDAY, FEBRUARY 11, 1992

631

VTD: 0033 RUTLAND 02 VTD: 0045 WA 01 (Part)
Tract: 0136.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 219, 220, 221, 501, 502, 503, 510, 511, 512
VTD: 0046 WA 02 VTD: 0047 HAZARD 02
District: 126
BIBB COUNTY VTD: 0009 EM09 VTD: 0024 HO 01 (Part) Tract: 0121. Block(s): 102B, 202, 203, 204, 205, 206, 207A, 207B, 207C, 210A, 210B, 213A, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Tract: 0134.97 Block(s): 108A, 109, 110, 111, 112, 113, 114 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0038 VINEVILLE 05 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0044 MACON 01 (Part) Tract: 0122. Block(s): 105A, 105B, 115, 116, 117 Tract: 0123. Block(s): 301, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 501A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521 Tract: 0124. Block(s): 112
District: 127
BIBB COUNTY VTD: 0012 GODFREY 03 VTD: 0015 GODFREY 06 VTD: 0016 GODFREY 07 VTD: 0017 GODFREY 08 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 (Part) Tract: 0101. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136 Tract: 0102. Block(s): 102, 103, 104, 105, 106, 107, 108,

632

JOURNAL OF THE HOUSE,

109, 110 Tract: 0103.
Block(s): 101 Tract: 0108.
Block(s): 111 VTD: 0035 VINEVILLE 02 (Part)
Tract: 0101. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413
Tract: 0102. Block(s): 111, 112, 113, 114
Tract: 0103. Block(s): 102, 201
VTD: 0036 VINEVILLE 03 (Part) Tract: 0103. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237 Tract: 0104. Block(s): 101, 103, 122, 124 Tract: 0105. Block(s): 101, 102, 103, 104, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 314, 315, 316 Tract: 0106. Block(s): 206, 207, 213, 214, 401, 403
VTD: 0037 VINEVILLE 04 VTD: 0043 MACON 02 VTD: 0044 MACON 01 (Part)
Tract: 0123. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320
District: 128
BIBB COUNTY VTD: 0045 WA 01 (Part) Tract: 0136.01 Block(s): 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424 Tract: 0136.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 414, 504, 505, 506, 507, 508, 509, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610 VTD: 0048 HAZARD 04
CRAWFORD COUNTY

TUESDAY, FEBRUARY 11, 1992

633

VXD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A HOUSTON COUNTY VTD: 0003 MSSH (Part)
Tract: 0201.03 Block(s): 301A, 302, 303, 304, 306B, 308B, 309, 310, 313B
Tract: 0202. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119
VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0206. Block(s): 202A, 203
VTD: 0007 PKWD (Part) Tract: 0201.01 Block(s): 224A, 224B, 225, 226 Tract: 0202. Block(s): 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202A, 202B, 202C, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303A, 303B, 303C, 304, 305, 306, 307, 308, 309, 310, 401A, 401B, 401C, 401D, 401E, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405A, 405B, 406A, 406B, 406C, 407, 409, 410A, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 425C, 425D, 426A, 426B Tract: 0209. Block(s): 105, 108, 109, 110, 111, 114, 115, 116, 117, 118, 301, 401, 402, 403, 404, 405
VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 224, 225, 226, 227, 228, 229, 230, 231, 401A, 401D, 401H, 401J, 402, 403, 404, 409, 410, 414, 420, 421, 422A, 422B, 423, 425
VTD: 0012 CENT (Part)
Tract: 0201.01
Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 217, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 221, 222A, 222B, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408A, 408B, 408C, 409, 410, 411A, 411B,412
Tract: 0201.02
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218
Tract: 0202.

634

JOURNAL OF THE HOUSE,

Block(s): 408 PEACH COUNTY
VTD: 0005 DISTRICT 1 VTD: 0020 BYRON
District: 129
PIKE COUNTY UPSON COUNTY
District: 130
TROUP COUNTY VTD: 0001 LAGRANGE ONE VTD: 0002 LAGRANGE TWO (Part) Tract: 9604. Block(s): 429, 430, 431, 432, 433 Tract: 9608. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 224, 225, 226, 227, 310, 311, 317, 318, 319, 320, 321, 322, 323, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 Tract: 9609. Block(s): 103, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 301, 302, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 513A, 513B, 513C, 514, 524A, 525, 526A, 529A, 530A, 530B, 533A, 559, 560, 561A, 562, 563, 564A, 565, 566, 567 VTD: 0003 LAGRANGE THREE VTD: 0006 HOGANSVILLE VTD: 0007 EAST VERNON VTD: 0008 ROUGH EDGE (Part) Tract: 9606. Block(s): 128, 129, 130, 131, 132, 133, 139, 140, 142, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157 Tract: 9607. Block(s): 335, 336, 421, 422, 423, 424, 425, 502, 503, 504, 505, 506 VTD: 0009 MOUNTVILLE (Part) Tract: 9605. Block(s): 101, 102, 103, 104, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 164B, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195 VTD: 0010 MCLENDON VTD: 0012 WEST VERNON VTD: 0015 HIGHLANDS (Part) Tract: 9607. Block(s): 301, 302, 303, 304, 305, 306, 307A, 307B, 308A, 308C, 315A, 315B, 316A, 316B, 316C, 317A, 317B, 317C, 317D, 318, 319, 320A, 320B, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 410, 411, 412, 413, 414, 415A, 415B, 415C, 416, 417, 418, 419, 420A, 420B, 420C, 501
District: 131
COWETA COUNTY

TUESDAY, FEBRUARY 11, 1992

635

VTD: 0002 SECOND (MORELAND) VTD: 0014 FIFTH (NEWMAN) VTD: 0016 SIXTEENTH (NEWNAN) (Part)
Tract: 1706. Block(s): 401A, 413A, 413C, 414B, 415A, 417A, 418A, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 438, 439, 440, 517
VTD: 0017 SEVENTEENTH (NEWNAN) MERIWETHER COUNTY
VTD: 0001 LONE OAK VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 628, 629, 630, 631, 632, 633, 634, 637, 638, 639, 640, 641, 642, 645, 646, 647, 714A, 721, 723, 724, 731, 732, 733, 736, 737
VTD: 0008 GILL TWO VTD: 0009 WARM SPRINGS (Part)
Tract: 9706. Block(s): 111B, 112, 113, 114, 115, 116B, 117, 118B, 119, 120B, 123B, 132B, 133, 134, 135, 136, 137, 138, 139
VTD: 0010 DURAND (Part) Tract: 9706. Block(s): 302, 319, 320, 322, 323, 324
VTD: 0011 ODESSADALE-SEVENTH VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH TROUP COUNTY VTD: 0002 LAGRANGE TWO (Part)
Tract: 9608. Block(s): 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 133, 134, 221, 222, 223, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 324, 325, 417, 418, 419, 420, 421, 422, 423, 424
Tract: 9609. Block(s): 101, 102, 104, 105, 106, 107, 201, 202, 203A, 203B, 203C, 204, 205A, 205B, 206, 207, 208, 209, 210, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318, 319, 320, 511, 512
VTD: 0004 LAGRANGE FOUR VTD: 0009 MOUNTVILLE (Part)
Tract: 9606. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 113, 120, 121, 122, 123, 124, 125, 126, 127, 134, 135, 136, 137, 138, 141, 143, 144, 158, 159, 160, 161, 162, 163
Tract: 9611. Block(s): 101, 104
VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS (Part)
Tract: 9606. Block(s): 201A, 202, 203, 204, 207, 208, 213, 214A, 215A, 216, 217, 232, 233, 234, 235
Tract: 9607. Block(s): 308B, 309, 337, 338
District: 132
MUSCOGEE COUNTY

636

JOURNAL OF THE HOUSE,

VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0020 MORNINGSIDE VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0005. Block(s): 101, 102, 103, 104, 105, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 314
Tract: 0016. Block(s): 401
VTD: 0028 BIBB CITY VTD: 0031 BEALLWOOD (Part)
Tract: 0002. Block(s): 101, 102, 103, 104, 105, 106, 107, 108
Tract: 0004. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 130, 131, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329
VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B
District: 133
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0024 NORTH HIGHLAND (Part) Tract: 0005. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 312, 313 Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310 Tract: 0016. Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 414, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615 Tract: 0110. Block(s): 119B, 122 VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO (Part) Tract: 0013. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 209, 210 Tract: 0018. Block(s): 105, 106 VTD: 0027 CLUBVIEW (Part)

TUESDAY, FEBRUARY 11, 1992

637

Tract: 0011. Block(s): 102, 103, 104, 105, 106, 107, 109, 110, 111, 112
VTD: 0029 JOHNSON VTD: 0030 ARNOLD (Part)
Tract: 0003. Block(s): 101, 102, 110, 111, 201, 202, 211, 217
Tract: 0009. Block(s): 103, 104, 105, 106, 107
VTD: 0031 BEALLWOOD (Part) Tract: 0003. Block(s): 103, 104, 105, 106, 107, 108, 109, 203, 204, 205, 206, 207, 208, 209, 210, 304, 305, 306, 307, 308, 309, 310, 311, 313, 314, 315, 316, 317
District: 134
MUSCOGEE COUNTY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0011 DAWSON VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING
District: 135
MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0014 ROTHSCHILD (Part) Tract: 0106.02 Block(s): 201, 213, 219, 220, 221, 222, 226 VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0019 REESE ROAD VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0026 SAINT ELMO (Part) Tract: 0012. Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 133, 201, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0018. Block(s): 113, 114, 201 Tract: 0019. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 132 VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 101, 108, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 126, 127, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322 VTD: 0030 ARNOLD (Part) Tract: 0002.

638

JOURNAL OF THE HOUSE,

Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 122, 123, 125, 126, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 224, 225, 226, 227, 228, 229, 231, 234, 236, 237, 251, 252, 253
Tract: 0003. Block(s): 213, 301, 302, 303
Tract: 0009. Block(s): 101, 102, 108, 109, 110, 111, 112, 113, 114, 115, 116
Tract: 0104.02 Block(s): 908, 911
District: 136
MUSCOGEE COUNTY VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD (Part) Tract: 0106.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 119, 120, 121, 122, 123, 124, 125, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216, 217, 218, 228, 229, 230, 232
District: 137
MARION COUNTY CHATTAHOOCHEE COUNTY SCHLEY COUNTY
VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 178B, 179, 180A, 180B, 186, 187, 188, 189, 190, 191, 192, 194, 195A, 195B, 196, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217A, 217B, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 256, 257A, 257B, 258A, 258B, 259A, 259B, 260, 261, 262A, 262B, 263 Tract: 9602. Block(s): 101, 102, 103, 104, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
TALBOT COUNTY VTD: 3001 BOX SPRINGS VTD: 3002 FLINT HILL (Part)

TUESDAY, FEBRUARY 11, 1992

639

Tract: 9601.98 Block(s): 215, 229, 230, 231, 232, 233, 234, 235, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282
VTD: 3003 GENEVA VTD: 3004 JUNCTION CITY VTD: 3005 ONEALS VTD: 3006 PRATTSBURG VTD: 3007 TALBOTTON VTD: 3008 VALLEY TAYLOR COUNTY VTD: 0001 1 VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 0006 6 VTD: 0007 7 (Part)
Tract: 9501. Block(s): 172, 173, 174
Tract: 9502. Block(s): 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158A, 158B, 159, 160A, 160B, 162, 172, 173, 174A, 174B, 175, 176A, 176B, 177, 178, 179, 180, 181, 182, 183, 184, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229B, 230B, 232B, 233, 234, 235, 236, 237A, 237B, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 262, 263, 268, 269, 270, 271, 275, 294, 295, 296, 297
Tract: 9503. Block(s): 101, 102, 10<1, 107, 108
VTD: 0008 8 VTD: 0009 9
District: 138
PULASKI COUNTY CRISP COUNTY
VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 149, 150, 156, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 201, 202, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 216A, 216B, 217, 218, 219, 220, 221, 222A, 222B, 222C, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 264B, 265B, 266B, 309A, 309B, 319, 320, 321, 322, 323A, 323B, 324B, 325, 326, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363 Tract: 9802. Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139,

640

JOURNAL OF THE HOUSE,

140, 141, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 175, 176, 177, 178, 179C, 181, 182A, 182B, 182C, 183, 184, 185, 186, 187, 193, 194, 195, 196A, 196B, 328, 412A, 412C, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 454D, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619 Tract: 9803. Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271, 301, 302, 303, 304, 307, 308, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 355, 356, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 301, 302, 307, 308, 309, 310, 311, 318, 319, 320, 321, 328, 329, 330, 335, 336, 337, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417, 418A, 418B, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B, 528C, 528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544
Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120
VTD: 0002 LISTONIA
VTD: 0003 HATLEY
VTD: 0004 ARABI

TUESDAY, FEBRUARY 11, 1992

641

VTD: 0005 JAMESTOWN VTD: 0006 CONEY DOOLY COUNTY VTD: 0001 VIENNA 535 (Part)
Tract: 9703. Block(s): 166, 167, 168, 169, 170, 218, 219, 221B, 222B, 223, 224A, 224B, 225, 226B, 238, 239, 240, 241, 242, 243, 248, 254, 255, 311, 313B, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 341B, 342, 343B, 344B, 345B, 346, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 401, 402, 403, 414, 415, 416, 417, 418, 419, 420, 421, 422, 426B, 433, 434, 435, 436, 437, 438, 439, 509, 510, 511, 512, 513, 514, 515A, 515B, 516, 517, 518, 519, 520, 521, 523A, 523B, 524A, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 571, 580B, 582, 584, 585, 586, 587, 588, 589
VTD: 0002 SIXTH 1012 VTD: 0003 THIRD 516 VTD: 0004 DRAYTON 633 (Part)
Tract: 9702. Block(s): 280, 281, 282, 284
Tract: 9703. Block(s): 355, 359, 360, 361, 362, 363, 364, 365, 366, 367, 381, 386, 387, 388, 395, 396, 397
VTD: 0005 FINDLAY 1552 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 (Part)
Tract: 9702. Block(s): 202A, 202B, 209A, 209B, 210A, 210B, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 222A, 222B, 223, 224, 225, 226, 227, 268, 269, 270, 271, 272, 273, 275, 277
VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671 HOUSTON COUNTY VTD: 0009 LII VTD: 0010 UII (Part)
Tract: 0211.02 Block(s): 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 139, 140, 141, 301, 304
Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 202, 204, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345
District: 139
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205.
Block(s): 217, 218, 219, 220, 221, 222, 223, 224, 225, 227A, 227B, 228,
233, 234, 235, 236, 237, 238, 239, 240A, 241A, 242, 243, 244, 245, 246
Tract: 0207.

642

JOURNAL OF THE HOUSE,

Block(s): 203A, 203C, 203D, 205A, 205B, 205C, 206, 207, 208A, 208B, 305, 306, 307A, 307B, 308A, 308C, 401, 402, 403, 404, 405, 406, 407, 408, 409, 412, 413, 414, 415, 416, 417, 418
Tract: 0208. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 901A, 901B
Tract: 0211.01 Block(s): 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110
VTD: 0002 MILL VTD: 0003 MSSH (Part)
Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 308, 309, 310, 315, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429
VTD: 0004 RECR (Part) Tract: 0203. Block(s): 102A, 103, 104, 105, 106, 107, 108, 109, 113 Tract: 0204. Block(s): 125, 126, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 113A, 114A, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121
VTD: 0006 RUSS VTD: 0008 NSJH (Part)
Tract: 0201.02 Block(s): 301A, 301B, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 307A, 307B, 307C, 308, 309A, 309B, 401B, 401C, 401E, 401F, 401G, 405, 406, 407, 408, 411, 412, 413, 415, 416, 417, 418, 419, 424, 426, 427, 428
VTD: 0010 UII (Part) Tract: 0211.02 Block(s): 101A, 101B, 106D, 106E, 116A, 116B
VTD: 0013 ANNX VTD: 0017 WRJH
District: 140
MACON COUNTY CRAWFORD COUNTY
VTD: 0002 2 VTD: 001B IB CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801. Block(s): 119, 120, 123, 124, 203, 204, 215A, 215B, 215C, 215D, 215E, 223A, 223B, 264A, 265A, 266A, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 310, 311, 312, 313, 314, 315, 316, 317, 318, 324A, 327, 328, 364, 365, 366, 367
Tract: 9802.

TUESDAY, FEBRUARY 11, 1992

643

Block(s): 179A, 179B, 180, 197A, 197B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412B, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 453, 454A, 454B, 454C
Tract: 9803. Block(s): 305, 306, 309, 310, 311, 327, 351, 352, 353, 354, 357, 358, 359, 360
Tract: 9804. Block(s): 303, 304, 305, 306, 312, 313, 314, 315, 316, 317, 322, 323, 324, 325, 326, 327, 331, 332, 333, 334, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 221A, 222A, 226A, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 244, 245, 246, 247, 249, 250, 251, 252, 253, 313A, 314, 315, 334, 336, 337, 338, 339, 340, 341A, 343A, 344A, 345A, 347, 348, 389, 390, 391, 392, 393, 394, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 423, 424, 425, 426A, 427, 428, 429A, 429B, 430, 431, 432, 440A, 440B, 441, 442, 443A, 443B, 444, 445, 446, 447, 448, 449A, 449B, 450A, 450B, 451A, 451B, 452, 453, 454, 455, 456, 522, 570, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 579, 580A, 581, 583 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 279, 283, 293, 294, 295, 296, 297 Tract: 9703. Block(s): 335, 352, 353, 354, 356, 357, 358 VTD: 0007 DOOLING 640 (Part) Tract: 9702. Block(s): 278
PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3
SCHLEY COUNTY VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 148, 149, 150, 151, 152, 153A, 153B, 153C, 154, 181, 182, 183A, 183B, 184, 185, 193, 197, 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 208, 242, 243, 255 Tract: 9602. Block(s): 105, 106, 180
TAYLOR COUNTY
VTD: 0002 2
VTD: 0007 7 (Part)
Tract: 9502.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 161, 163, 164, 165, 166, 167, 168, 169, 170, 171, 185, 229A, 230A, 231, 232A

644

JOURNAL OF THE HOUSE,

District: 141
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 240B, 241B Tract: 0207. Block(s): 1Q1A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 201A, 201B, 202, 203B, 204A, 204B, 204C, 301, 302, 303, 304, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 Tract: 0208. Block(s): 201, 301, 401, 402, 901C Tract: 0211.01 Block(s): 101A, 101B, 114A, 114B, 115A, 115B VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 305, 306A, 308A, 311, 312, 313A, 314, 315, 316, 317, 318, 319 Tract: 0203. Block(s): 303, 304, 305, 306, 307, 311, 312, 313, 314 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 101A, 101B, 102B, 110, 111, 112, 114A, 114B, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 113B, 114B Tract: 0206. Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202B, 202C, 202D, 202E, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 902, 903, 904, 905, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B VTD: 0010 UII (Part) Tract: 0211.01 Block(s): 113B Tract: 0211.02 Block(s): 102, 103, 104, 105, 106A, 106B, 106C, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B, 117, 134, 135, 136, 137, 138, 142, 143 Tract: 0211.03 Block(s): 201, 203A, 203B, 205, 206, 207, 208, 209, 210, 214 VTD: 0011 10TH VTD: 0014 N13 VTD: 0015 12TH VTD: 0016 TOWN
District: 142
BLECKLEY COUNTY
DODGE COUNTY LAURENS COUNTY
VTD: 0007 BURCH

TUESDAY, FEBRUARY 11, 1992

645

VTD: 0009 CADWELL VTD: 0015 LOWERY VTD: 0018 REEDY SPRINGS TELFAIR COUNTY VTD: 0001 MCRAE (Part)
Tract: 9501. Block(s): 101A, 101B, 101C, 101E, 102, 103, 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 128, 129, 130, 131A, 131B, 131C, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 152C, 153, 154, 155, 156A, 156B, 156C, 156D, 157, 158A, 159, 219B, 228B, 229, 230A, 230B, 231, 232, 233B, 246B, 247B, 276B, 278, 279, 280, 281, 282, 283, 310B, 333B, 334B, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352B, 355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390A, 390B, 391, 392, 393, 394, 395, 396, 397, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441A, 441B, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458A, 458B, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 520B, 529A, 530, 534A, 534B, 536, 537, 538, 539, 540, 541, 542, 543, 544A, 544B, 545A, 545B, 545C, 546, 550A
VTD: 0002 MILAN (Part) Tract: 9502. Block(s): 109A, 110A, 113A, 120A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144A, 145, 146A
VTD: 0006 HELENA
District: 143
LAURENS COUNTY VTD: 0001 NATIONAL GUARD VTD: 0002 SHAMROCK VTD: 0003 CALHOUN PARK VTD: 0004 BETHSADIA VTD: 0005 BAILEY VTD: 0006 BUCKEYE VTD: 0008 BURGAMY VTD: 0010 CARTER

646

JOURNAL OF THE HOUSE,

VTD: 0011 DUDLEY VTD: 0012 HAMPTON MILL VTD: 0013 HARVARD VTD: 0014 JACKSON VTD: 0016 OCONEE VTD: 0017 PINETUCKY VTD: 0019 ROCKLEDGE VTD: 0020 SMITH

District: 144

EMANUEL COUNTY CANDLER COUNTY
TREUTLEN COUNTY JOHNSON COUNTY
VTD: 0008 MEEKS VTD: 0009 ADRIAN VTD: 0010 SMITH

District: 145

JENKINS COUNTY

BULLOCH COUNTY

VTD: 0001 STATESBORO (Part)

Tract: 9903.

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 112, 113, 114,

115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127,

128, 129, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 139,

140, 141, 142, 143B, 144B, 145, 146, 147, 148, 149, 150, 151,

152, 211, 212, 213, 214, 217, 219, 220, 221, 222, 223, 224, 225,

226, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240,

241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253,

254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266,

267, 268, 270, 281, 282, 283, 284, 285, 295, 296, 297, 301, 302,

303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,

316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328,

329, 330, 331, 332, 333, 334, 335, 336, 401, 402, 403, 404, 405,

406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418,

419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431,

432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444,

445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457,

458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470,

471, 472, 473, 474

Tract: 9904.

Block(s): 303B, 308A, 308B, 309, 310, 311,

411B, 426B, 426C, 429B, 430, 431, 432,

%

433A, 433B, 434, 435, 436, 437, 438, 515B,

516, 521B, 522B, 523, 524B, 525B, 526B,

528, 529, 530, 531, 532, 533, 534, 535,

536, 537, 538, 603C, 608B, 610B, 611, 612,

613, 614, 615, 616, 617, 618, 619, 620,

621, 622, 623, 624

Tract: 9905.

Block(s): 503B, 504B, 522B, 523, 524, 525,

526, 527, 528, 529

Tract: 9906.

Block(s): 401, 402, 403, 404, 405, 406, 407,

408, 409, 410, 411, 412, 413, 414, 415,

416, 417, 418, 419, 420, 421, 422, 423,

TUESDAY, FEBRUARY 11, 1992

647

424, 425, 426, 427, 428 Tract: 9907.
Block(s): 403, 405, 406 VTD: 0005 BROOKLET VTD: 0006 STILSON VTD: 0007 BAY VTD: 0008 NEVILS VTD: 0009 REGISTER VTD: 0010 EMIT VTD: 0011 SINKHOLE VTD: 0012 PORTAL BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0004 GREENS CUT AND FOUR POINTS VTD: 0005 KEYSVILLE VTD: 0008 SARDIS VTD: 0010 SHELLBLUFF
District: 146
SCREVEN COUNTY BULLOCH COUNTY
VTD: 0001 STATESBORO (Part) Tract: 9902. Block(s): 110, 111, 112, 113, 114, 115, 116, 127, 128, 129, 130, 131, 132, 133, 135, 136, 137A, 137B, 138A, 138B, 139A, 139B, 140, 141, 142, 143A, 143B, 144A, 144B, 145A, 145B, 146, 147, 148, 258, 259, 260, 261, 263, 264, 265, 266, 267, 268, 271, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317, 318, 319, 320A, 320B, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331A, 331B, 332, 333A, 333B, 334A, 334B, 335A, 335B, 336, 337, 401A, 401B, 402, 403, 404, 405, 406, 407A, 407B, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614A, 614B, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633 Tract: 9903. Block(s): 130A, 143A, 144A Tract: 9904. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 301, 302, 303A, 304, 305, 306, 307, 312, 313, 401, 402, 403, 404, 405, 406, 407,

648

JOURNAL OF THE HOUSE,

408, 409, 410, 411A, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426A, 427, 428, 429A, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518, 519, 520, 521A, 522A, 524A, 525A, 526A, 527, 601, 602, 603A, 603B, 604, 605, 606, 607, 608A, 609, 610A Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 501A, 501B, 502, 503A, 504A, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522A Tract: 9906. Block(s): 141, 142, 143, 144, 152, 153, 154, 155, 156, 157, 201, 202A, 202B, 203, 204A, 204B, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321A, 321B, 321C, 322, 323A, 323B, 324, 509, 510A, 510B, 510C, 511, 512, 513, 514, 515, 516, 517, 520, 535, 536, 537A, 537B, 538A,538B VTD: 0002 LOCKHART VTD: 0003 BLITCH VTD: 0004 HAGIN
District: 147
EFFINGHAM COUNTY BRYAN COUNTY
VTD: 0001 NINETEENTH VTD: 0002 MILL CREEK VTD: 0003 RICHMOND HILL VTD: 0006 FORT STEWART (Part)
Tract: 9202. Block(s): That portion of Block 901E which lies north of Georgia State Highway 144.
VTD: 0007 BLITCHTON

TUESDAY, FEBRUARY 11, 1992

649

District: 148
CHATHAM COUNTY VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 201A, 202A, 212, 301B, 310B, 311B, 405, 406A, 406B, 407A, 407B, 409, 410A, 410B, 411 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 206 VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0022 2-9 VTD: 0026 3-3 (Part) Tract: 0036.01 Block(s): 308, 309, 310, 311, 312, 313, 314 Tract: 0037. Block(s): 108, 109, 110, 111, 112, 113, 118, 119, 120, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 VTD: 0027 3-4 VTD: 0028 3-5 VTD: 0030 3-7 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 401B, 402 VTD: 0035 4-2 VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 507 VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 407, 408, 409, 410
District: 149
CHATHAM COUNTY VTD: 0009 1-9 VTD: 0024 3-1 VTD: 0025 3-2 VTD: 0047 5-2 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 101A, 103, 104, 131, 401A, 401B, 413B, 414A, 414B VTD: 0053 5-8 (Part) Tract: 0105.02 Block(s): 106, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 VTD: 0061 6-6 VTD: 0077 8-2 (Part)

650

JOURNAL OF THE HOUSE,

Tract: 0105.01 Block(s): 201, 212B, 213
Tract: 0106.01 Block(s): 620B
Tract: 0106.04 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129B, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155
Tract: 0106.05 Block(s): 169A, 170A, 171A, 172A
VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10 VTD: 0086 5-11
District: 150
CHATHAM COUNTY VTD: 0053 5-8 (Part) Tract: 0105.02 Block(s): 102, 103, 104, 105 VTD: 0064 6-9 VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 VTD: 0073 7-9 VTD: 0074 7-10 VTD: 0075 7-11 VTD: 0076 8-1 VTD: 0077 8-2 (Part) Tract: 0106.01 Block(s): 315, 620A Tract: 0106.04 Block(s): 129A, 130, 131A Tract: 0106.05 Block(s): 101, 102B, 103, 104, 117, 118, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146C, 147, 148, 149, 150, 151B, 152B, 153, 154B, 162, 163, 164, 165, 166, 167, 168, 169B, 170B, 171B, 172B, 175 Tract: 0106.99 Block(s): 146Z
District: 151
CHATHAM COUNTY

TUESDAY, FEBRUARY 11, 1992

651

VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0018 2-5 VTD: 0029 3-6 VTD: 0031 3-8 VTD: 0033 3-10 VTD: 0046 5-1 VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part)
Tract: 0012. Block(s): 112
Tract: 0033.02 Block(s): 201, 206, 207
Tract: 0045. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134A, 134B, 134C, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 214C, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A
VTD: 0054 5-9 VTD: 0055 5-10
District: 152
CHATHAM COUNTY VTD: 0007 1-7 VTD: 0010 1-10 VTD: 0011 1-11 VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 301A, 302, 303, 304, 305, 306, 307, 308, 309, 310A, 311A, 312, 313, 314, 315, 404, 408, 412A, 412B Tract: 0040.02 Block(s): 101, 102, 103, 104A, 104B, 105, 118A, 118B Tract: 0102. Block(s): 312A, 312B, 312C, 313A, 313B, 313C VTD: 0032 3-9 VTD: 0044 4-11 (Part) Tract: 0041. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 140, 201, 202, 203, 204, 205, 206, 207, 208, 209 Tract: 0110.03 Block(s): 103 VTD: 0045 4-12 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5

652

JOURNAL OF THE HOUSE,

VTD: 0062 6-7 VTD: 0063 6-8
District: 153
CHATHAM COUNTY VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 202, 203, 204, 205, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312D, 314, 315, 316 VTD: 0026 3-3 (Part) Tract: 0036.01 Block(s): 103, 108, 109, 115, 116, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306A, 307 Tract: 0036.02 Block(s): 101A Tract: 0037. Block(s): 201A, 201B, 202, 203, 204, 205, 206 Tract: 0101.01 Block(s): 323 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 101, 102A, 102B, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119, 306B, 401A, 403, 404A, 404B, 405, 406, 407, 408, 409 Tract: 0036.02 Block(s): 101D, 312B Tract: 0101.01 Block(s): 301, 302, 303, 314A, 314B, 314C, 315, 316, 317, 318A, 318B, 319, 320, 321A, 321B, 321C, 321D, 322, 329A, 329B VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401, 402, 403, 404, 405, 406, 508, 509, 510, 511, 512, 513, 514 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 (Part) Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 411, 412, 413 Tract: 0110.02 Block(s): 103 Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 VTD: 0044 4-11 (Part) Tract: 0110.03 Block(s): 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114 VTD: 0056 6-1

TUESDAY, FEBRUARY 11, 1992

653

District: 154
TATTNALL COUNTY EVANS COUNTY BRYAN COUNTY
VTD: 0004 TWENTH WEST VTD: 0005 FORT MCALLISTER VTD: 0006 FORT STEWART (Part)
Tract: 9202. Block(s): That portion of Block 901E which lies south of Georgia State Highway 144.
LIBERTY COUNTY VTD: 0010 2-0010 (Part) Tract: 0101. Block(s): That portion of Block 901G which lies north and east of Georgia State Highway 144 and Georgia State Highway 119. VTD: 0012 2-0012
District: 155
TOOMBS COUNTY MONTGOMERY COUNTY WHEELER COUNTY
District: 156
WILCOX COUNTY BEN HILL COUNTY IRWIN COUNTY TIFT COUNTY
VTD: 0001 BRIGHTON VTD: 0002 BROOKFIELD VTD: 0008 TIFTON SOUTH (Part)
Tract: 9906. Block(s): 101B, 102B, 103B, 117B, 120B, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131B, 138B, 139B, 172, 173, 217, 222, 223, 224, 225B, 226, 227, 228, 231, 233, 234, 237, 238, 301, 304, 305, 306, 307, 309, 310 311 312 315
VTD: 0009 TIFTON NORTHEAST (Part) Tract: 9904. Block(s): 105D, 106, 107, 108, 109, 122, 129, 130, 401C, 402, 403, 408B, 409, 410, 411, 413B, 414B, 415, 416, 417B, 533B Tract: 9906. Block(s): 201C, 202B, 206, 207, 208, 209B, 211, 212, 213, 214, 215, 216, 235, 236
District: 157
TURNER COUNTY LEE COUNTY
VTD: 0002 REDBONE VTD: 0003 LEESBURG (Part)
Tract: 0203. Block(s): 424, 430, 431B, 432, 433, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 462, 463, 464, 465,

654

JOURNAL OF THE HOUSE,

466, 467, 468, 469, 470, 471, 472, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 501, 502, 503, 504, 505A, 506, 507A, 508 VTD: 0004 CENTURY VTD: 0005 PALMYRA WORTH COUNTY VTD: 0001 SYLVESTER VTD: 0002 SYLVESTER PARK VTD: 0003 POULAN VTD: 0004 SUMNER VTD: 0005 SHINGLER VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 102, 103, 104, 105, 107, 108, 109, 110, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 252, 253, 254, 255, 256, 257, 258, 259, 301, 302, 303, 304, 305B, 306, 307B, 308B, 308C, 314B VTD: 0007 DOLES (Part) Tract: 9501. Block(s): 231, 232, 233, 234, 235, 236, 237, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 295, 296, 297 VTD: 0008 OAKFIELD VTD: 0009 WARWICK VTD: 0010 SCOTTERVILLE VTD: 0011 MINTON VTD: 0013 GORDY (Part) Tract: 9504. Block(s): 219, 221, 222, 223, 224 Tract: 9505. Block(s): 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 123, 124, 125, 126, 127, 128, 153B, 154, 155B, 168B, 169, 233, 234B, 235, 241, 242, 243, 244, 245B, 254B, 263B, 264B, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294
District: 158
STEWART COUNTY WEBSTER COUNTY QUITMAN COUNTY RANDOLPH COUNTY SUMTER COUNTY
VTD: 0025 CONCORD NEW 26 VTD: 0030 PLAINS OLD 26 (Part)
Tract: 9504. Block(s): 141, 142, 143, 146, 147, 148, 149, 151, 152, 153, 154, 155, 157, 158, 160, 161, 162, 163, 164, 165, 166, 201, 202A, 202B, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211, 212, 213A, 213B, 214, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236A, 237A, 238A, 241A, 242, 248, 249, 250, 301, 304, 305, 309A
VTD: 0035 AMERICUS 27 (Part) Tract: 9502.

TUESDAY, FEBRUARY 11, 1992

655

Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 115A, 115B, 115D, 116A, 116B, 117A, 117B, 118C, 119B, 120B, 121B, 122B, 125, 126, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140A, HOB, 141A, 141B, 141C, 141D, 142, 148A, 148B, 148C, 149A, 149B, 149C, 150, 151, 152, 301A, 301B, 301C, 301D, 301E, 302, 303A, 303B, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B, 317, 318, 319, 320, 321A, 321B, 322, 323, 402, 403, 404, 405, 406, 407, 408, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430
Tract: 9503.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 134, 135A, 135B, 135D, 137A, 137B, 138, 139B, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 215A, 215B, 215C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 220, 221, 222, 223, 224, 225, 311, 312, 313, 314, 315, 316, 453, 454, 455, 456, 457, 458, 459, 462, 463, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 520B, 543, 544
Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217A, 217B, 217C, 218, 219, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 230, 231, 232A, 232B, 233A, 233B, 233C, 234, 235, 236, 237, 238, 304, 307, 309, 310, 311, 312, 313, 314
Tract: 9506.
Block(s): 101, 128, 131, 132, 133, 134, 139, 140, 141, 142, 143, 144, 145,
146, 147, 148, 149, 201, 202, 203, 204, 205, 206, 207, 208, 209,
210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222,
223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312,
313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325,
326, 327, 328
Tract: 9507.
Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112,
113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B,
201C, 201D, 202, 203, 204, 205, 206A, 206B, 206C, 207A,
207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217,
218, 219, 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225,
226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238,
239, 240. 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249,
250, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312,
313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 401A,
401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405,
406, 407A, 407B, 407C, 408A, 408B, 409A, 409B, 409C,
409D, 409E, 409F, 409G, 410, 411, 412, 413, 414A, 414B,
414C, 414D, 415A, 415B, 415C, 415D, 416A, 416B, 416C,
417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435
VTD: 0040 CHAMBLISS 28
VTD: 0045 ANDERSONVILLE

656

JOURNAL OF THE HOUSE,

District: 159
TERRELL COUNTY CLAY COUNTY CALHOUN COUNTY LEE COUNTY
VTD: 0001 CHOKEE VTD: 0003 LEESBURG (Part)
Tract: 0202. Block(s): 160, 162, 163, 192, 194, 195, 196
Tract: 0203. Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 425, 426, 427, 428, 429, 431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 485B, 486, 487, 490, 491, 493, 494, 495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549
VTD: 0006 SMITHSVILLE SUMTER COUNTY
VTD: 0005 LESLIE 15 VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26 (Part)
Tract: 9504. Block(s): 223B, 236B, 237B, 238B, 239, 240, 241B, 243, 244, 245, 246, 247, 251, 252, 253, 254, 302, 303, 306, 307, 308, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 326, 330, 363, 364, 365, 369, 370
VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 115C, 118A, 118B, 119A, 120A, 121A, 122A, 123A, 123B, 124A, 124B, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226 Tract: 9503. Block(s): 135C, 136, 139A, 140A, 140B, 141, 142A, 142B, 143, 144, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 460, 461, 513, 514A, 514B, 515, 516, 517, 518, 519A, 519B, 520A, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 545, 546 Tract: 9504.
Block(s): 319, 320
Tract: 9505.
Block(s): 301, 302, 303, 305, 306, 308, 326B, 327, 328, 329, 331, 332, 333, 334
Tract: 9506.
Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 135, 136, 137, 138

TUESDAY, FEBRUARY 11, 1992

657

District: 160
EARLY COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY
VTD: 0002 BAINBRIDGE (Part) Tract: 9701. Block(s): 181, 182, 183, 186, 187, 188 Tract: 9703. Block(s): 267B, 284B, 285, 286, 383B, 384, 385, 386 Tract: 9704. Block(s): 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 124A, 124B, 125, 126A, 126B, 127, 128, 201, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 243 Tract: 9706. Block(s): 101, 102, 113, 114, 115, 116, 117, 118, 119, 120, 121, 130, 131, 132, 133, 134, 201, 202, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415 Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 195, 196, 197
VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9702. Block(s): 190, 192, 193, 194, 195, 237, 238, 239, 240, 257 Tract: 9703. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 144B, 145, 146B, 147B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 158B, 159, 160, 161, 162, 163, 201B, 202C, 203, 204B, 260B, 261, 262, 263, 264, 265, 266, 267C, 270B, 278B, 287, 288
VTD: 0004 BELCHER VTD: 0006 BRINSON VTD: 0008 FACEVILLE VTD: 0010 KENDRICK VTD: 0011 PARKER (Part)
Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 122, 123, 124, 125, 126, 127, 128, 129, 156, 157, 158, 159, 160, 161, 162, 163, 164, 178
VTD: 0012 PINE HILL VTD: 0013 RECOVERY
District: 161
BAKER COUNTY DOUGHERTY COUNTY
VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL

658

JOURNAL OF THE HOUSE,

VTD: 0012 MONROE HIGH SCHOOL VTD: 0014 CARVER TEEN CENTER (Part)
Tract: 0012. Block(s): 218, 219, 220
Tract: 0015. Block(s): 114, 115, 116, 117, 119, 120, 121, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 316, 319, 320, 321, 322, 323, 324, 325, 326, 327
VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER (Part)
Tract: 0109. Block(s): 208, 215, 216, 217, 218, 219, 220, 224, 225, 226, 227, 228, 229
Tract: 0110. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 208, 209, 211, 212, 213, 214, 215, 216, 217, 227, 228, 230, 231, 232, 233, 234, 235, 236
District: 162
DOUGHERTY COUNTY VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER (Part) Tract: 0014.02 Block(s): 103, 104, 105, 106, 111, 112, 113, 218, 219 Tract: 0015. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 313, 314, 315 VTD: 0015 CARVER JR HIGH GYM VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0023 PUTNEY YOUTH CENTER (Part) Tract: 0110. Block(s): 101, 102, 103, 104, 113, 114, 201, 202, 203, 204, 205, 206, 207, 210, 218, 219, 220, 221, 222, 223, 224, 225, 226, 229, 237, 238, 239, 240 Tract: 0111. Block(s): 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150 VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0026 BRANCH ROAD PRECINCT (Part) Tract: 0001. Block(s): 101B, 101C, 103B, 104, 105, 106, 107B, 108B, 108C VTD: 0027 SYLVANDALE ELEMENTARY SCH
District: 163
DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH

TUESDAY, FEBRUARY 11, 1992

659

VTD: 0008 ALBANY JR COLLEGE VTD: 0026 BRANCH ROAD PRECINCT (Part)
Tract: 0101. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128B, 129B, 130B, 131, 134, 201, 202, 203, 204, 205, 206, 207, 208B, 208C, 209, 210, 211, 212, 213, 214, 215, 216
Tract: 0103.01 Block(s): 101B, 102
VTD: 0028 SCOTTISH RITE TEMPLE WORTH COUNTY
VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251
VTD: 0007 DOLES (Part) Tract: 9501. Block(s): 283, 284, 287, 288, 289, 290, 291, 292, 293, 294
VTD: 0012 BRIDGEBORO VTD: 0013 GORDY (Part)
Tract: 9505. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 236, 237, 238, 239, 240, 295, 296, 297
District: 164
MITCHELL COUNTY COLQUITT COUNTY
VTD: 0001 BRIDGE CREEK VTD: 0003 DOERUN VTD: 0004 FUNSTON VTD: 0005 HAMILTON VTD: 0006 HARTSFIELD VTD: 0008 MILL CREEK VTD: 0009 MONK (Part)
Tract: 9703. Block(s): 222, 223, 224, 225A, 225B, 226A, 226B
VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 433, 523, 524, 525 Tract: 9708. Block(s): 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 115, 116, 117, 118, 119, 120, 121, 122, 123, 134, 135, 136, 137, 138, 139, 140, 141, 142, 147, 148, 301C Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B
VTD: 0011 MURPHY VTD: 0014 THIGPEN VTD: 0018 SHAW (Part)
Tract: 9703. Block(s): 201, 202, 203A, 203B, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212A, 212B, 212C, 213A, 213B, 214, 217, 218, 219, 220, 221, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 401, 402, 403, 404,

660

JOURNAL OF THE HOUSE,

405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612. 613, 614, 615, 618 VTD: 0019 AUTREYVILLE
District: 165
COLQUITT COUNTY VTD: 0002 CROSLAND VTD: 0009 MONK (Part) Tract: 9701. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 288, 289, 290 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 158C, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 289, 290, 291, 292 Tract: 9703. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166 VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 215B, 216, 616, 617 Tract: 9704. Block(s): 108A, 108B, 109A, 110A, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 139, 140, 141, 142, 143, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 248, 253, 254, 255, 256, 257, 258, 304, 305, 306, 307, 308, 309, 310, 311, 312, 318 Tract: 9708. Block(s): 101, 102, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 201, 202 VTD: 0012 NORMAN PARK (Part) Tract: 9701. Block(s): 150, 151A, 151B, 152A, 152B, 153A, 153B, 170, 171A, 171B, 172, 174, 178, 179, 180, 181, 182, 183, 184, 206, 207, 208, 209, 210, 211, 212, 221, 222, 223, 224, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 257, 258A, 258B, 259, 260A, 260B, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276A, 276B, 277A, 277B, 278, 279, 280, 282, 283, 284, 285, 286, 287, 291, 292 Tract: 9704. Block(s): 108C, 109B, 109C, HOB VTD: 0015 TY TY

TUESDAY, FEBRUARY 11, 1992

661

VTD: 0016 WARRIOR TIFT COUNTY
VTD: 0003 CHULA VTD: 0004 DOCIA VTD: 0005 ELDORADO VTD: 0006 OMEGA VTD: 0007 TY TY VTD: 0008 TIFTON SOUTH (Part)
Tract: 9906. Block(s): 101A, 102A, 103A, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 118, 119, 120A, 121, 130A, 131A, 132, 133, 134, 135, 136, 137, 138A, 139A, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156A, 156B, 157, 158, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166A, 166B, 167A, 167B, 168, 169, 170, 171A, 171B, 218A, 218B, 219, 220A, 220B, 221A, 221B, 225A, 225C, 225D, 229, 230A, 230B, 232A, 232B, 302, 303, 308, 313, 314, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435
Tract: 9907. Block(s): 103A, 108A, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127, 128, 129, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 431, 432, 433, 435A, 435B, 436, 437, 438, 439, 440A, 440B, 441, 442, 443, 444, 445, 446, 447, 448A, 448B, 449A, 449B, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478
Tract: 9909. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229
VTD: 0009 TIFTON NORTHEAST (Part)
Tract: 9903.
Block(s): 103A, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635
Tract: 9904.
Block(s): 105A, 105B, 105C, 110A, HOB, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 123, 124, 125, 126, 127, 128, 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301A, 301B, 302, 303, 304, 305,

662

JOURNAL OF THE HOUSE,

306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 401A, 401B, 404, 405, 406, 407, 408A, 412, 413A, 414A, 417A, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533A, 534, 535, 536, 537, 538, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628 Tract: 9906. Block(s): 201A, 201B, 202A, 203, 204, 205, 209A, 210 Tract: 9907. Block(s): 101, 102 VTD: 0010 TIFTON NORTHWEST
District: 166
BERRIEN COUNTY COLQUITT COUNTY
VTD: 0007 LEE VTD: 0010 MOULTRIE (Part)
Tract: 9704. Block(s): 107A, 136A, 138A, 201A, 203A, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 335A, 337, 340, 341, 342
Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130,
131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A
Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 247, 249, 250, 251, 252, 301, 302, 303, 313, 314, 315, 316, 317, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630
Tract: 9708. Block(s): 113, 114, 143, 144, 145, 146, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418
VTD: 0012 NORMAN PARK (Part) Tract: 9701. Block(s): 253, 254, 255, 256, 281 Tract: 9703. Block(s): 101, 102, 103, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135

TUESDAY, FEBRUARY 11, 1992

663

Tract: 9704. Block(s): 101, 102, 103, 104, 105, 106, 107B, 108D, 128, 129, 130, 131, 132, 133, 134, 135, 136B, 137, 138B, 201C, 202, 203B, 235B, 236B, 237C, 303, 304, 305, 306, 307, 308, 318
VTD: 0013 ROBINSON VTD: 0017 HOPEWELL COOK COUNTY VTD: 0001 ADEL WEST (Part)
Tract: 9802. Block(s): 334, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515
Tract: 9804. Block(s): 101, 119, 120
VTD: 0003 PINE VALLEY (Part) Tract: 9804. Block(s): 121, 144
VTD: 0004 LENOX VTD: 0005 MASSEE VTD: 0006 RIVER BEND VTD: 0007 SPARKS VTD: 0008 ADEL EAST
District: 167
COFFEE COUNTY ATKINSON COUNTY
District: 168
WARE COUNTY
District: 169
BACON COUNTY PIERCE COUNTY BRANTLEY COUNTY CAMDEN COUNTY
VTD: 0001 ST. MARYS (Part) Tract: 0106. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314
VTD: 0003 TARBORO VTD: 0004 WAVERLY VTD: 0005 WOODBINE (Part)
Tract: 0102. Block(s): 218B, 219, 220, 221, 222C, 223, 224, 225, 226, 227, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 345, 346, 347, 348, 349, 350, 351, 352, 353, 363B, 368, 369B, 370, 371, 372, 373, 374, 375, 376, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 397

664

JOURNAL OF THE HOUSE,

District: 170
JEFF DAVIS COUNTY APPLING COUNTY TELFAIR COUNTY
VTD: 0001 MCRAE (Part) Tract: 9501. Block(s): 158B, 160, 161, 531, 532, 533, 534C, 535, 547, 548, 549, 550B, 551, 552, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 652, 668 Tract: 9502. Block(s): 164, 165, 166, 167, 168, 169, 170, 171
VTD: 0002 MILAN (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, HOB, 111, 112, 113B, 114, 115, 116, 117, 118, 119, 120B, 121, 144B, 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 172, 173, 174, 175, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0003 LUMBER CITY VTD: 0004 JACKSONVILLE VTD: 0005 SCOTLAND WAYNE COUNTY VTD: 0002 MADRAY SPRINGS VTD: 0003 OGLETHORPE VTD: 0005 RITCH
District: 171
LONG COUNTY
GLYNN COUNTY VTD: 0001 STERLING 1163/1166
LIBERTY COUNTY VTD: 0009 2-0009 VTD: 0010 2-0010 (Part) Tract: 0101. Block(s): That portion of Block 901G which lies south and west of Georgia State Highway 144 and Georgia State Highway 119
WAYNE COUNTY VTD: 0001 ODUM VTD: 0004 SCREVEN VTD: 0006 EMPIRE VTD: 0007 RED HILL VTD: 0008 EAST JESUP VTD: 0009 GARDI VTD: 0010 MT. PLEASANT VTD: 0011 ALTAHAMA VTD: 0012 VFW VTD: 0013 COURTHOUSE VTD: 0014 NATIONAL GUARD ARMORY VTD: 0015 RECREATION CENTER

TUESDAY, FEBRUARY 11, 1992

665

District: 172
LIBERTY COUNTY VTD: 0002 HINESVILLE VTD: 0003 DORCHESTER (Part) Tract: 0105. Block(s): 209B, 209C, 209D, 243A, 243B, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 273A, 301, 302, 303, 304, 305, 324A, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 362, 363, 365, 379, 380, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494 VTD: 0004 WALTHOURVILLE AND FLEMING WEST (Part) Tract: 0102. Block(s): 401A, 501, 502, 506, 507, 508B, 509, 510B, 511B, 601, 602, 603A, 625A, 626A, 705B, 706B, 707, 708B, 709, 710A, 710B, 717B Tract: 0104. Block(s): 125A, 128A, 129A, 130, 131, 132, 133, 219A, 220A, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330B, 331, 332, 333, 334, 335B, 335C, 345B, 372, 373, 374, 375, 376, 377, 383A, 384A, 387B, 390A, 391A, 394, 395, 396, 397 VTD: 0006 FLEMING EAST VTD: 0007 GUM BRANCH VTD: 0011 2-0011
District: 173
MCINTOSH COUNTY GLYNN COUNTY
VTD: 0002 GLYNCO 1263 (Part) Tract: 0004. Block(s): 201, 202, 203, 204, 205, 210, 211, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 270, 271, 272, 273, 274, 275, 276, 277, 278, 280, 281, 282, 283, 284, 285, 382, 383, 384, 385, 386, 387, 388, 389, 390 Tract: 0006. Block(s): 201, 204, 205, 206, 501
VTD: 0003 FANCY BLUFF 1366 (Part) Tract: 0010. Block(s): 271, 272, 273, 274, 284, 285, 286, 287, 288, 289, 348, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 373, 374, 375, 376, 385, 386, 387, 393, 394, 447, 448, 449, 450, 451, 452, 453, 454, 455, 461, 462, 586, 587, 589
VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 (Part) Tract: 0005. Block(s): 112B, 113C, 118C, 118D, 119C, 120B, 122B, 123, 124, 125B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 706, 808, 809, 810, 811, 812, 813, 814, 815, 816

666

JOURNAL OF THE HOUSE,

Tract: 0007. Block(s): 101, 102, 103, 104, 105A, 126, 127, 128
VTD: 0011 BWK. ARMORY 4153 (Part) Tract: 0007. Block(s): 301, 302A, 303A, 304A, 305, 306, 307, 308A, 308B, 309, 310A, 310B, 311A, 311B, 311C, 313, 319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 440, 441, 442, 443, 444, 509, 510, 527A, 528A, 529A, 722, 723, 724, 725, 726, 727, 728, 729, 735, 736, 737, 738, 739, 740, 741, 752 Tract: 0008. Block(s): 122, 123, 124, 131, 132, 135, 136, 137, 301, 302, 303, 406, 407, 520
VTD: 0012 JANE MACON 4253 (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109, 110, 111, 112A, 113A, 113B, 118A, 118B, 119A, 119B, 120A, 121, 122A, 125A, 126, 127, 128. 227, 228, 229, 230, 231, 232, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 317, 511, 512, 817, 818 Tract: 0007. Block(s): 119B, 120, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210A, 210B, 211, 212, 302B, 303B, 304B, 501, 502, 503, 504, 505, 506, 507, 508, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527B, 528B, 529B
VTD: 0013 CITY RECREATION 5153 (Part) Tract: 0008. Block(s): 243, 244, 245, 246, 247, 248, 249, 250, 251, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 526, 527A, 528, 529, 530, 531, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545 Tract: 0009. Block(s): 308, 309, 310, 311, 312, 313, 314, 316, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 553, 554, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 658, 659, 660, 661, 662, 663, 664
VTD: 0014 ADULT EDUCATION 5253 (Part) Tract: 0005. Block(s): 310, 311, 312, 313, 314, 315, 316, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430
Tract: 0007.
Block(s): 801, 802, 803, 804, 805, 806, 807, 815, 816, 817, 818, 819, 820, 821, 822
Tract: 0008.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 125, 126, 127, 128, 129, 130, 138, 139, 140, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 240, 241, 242, 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 517, 518, 519, 524, 525, 527B
LIBERTY COUNTY

TUESDAY, FEBRUARY 11, 1992

667

VTD: 0001 RICEBORO VTD: 0003 DORCHESTER (Part)
Tract: 0105. Block(s): 138A, 140, 150A, 152, 209A, 210, 253, 254, 255, 256, 257, 258A, 258B, 259, 260, 261, 262, 263A, 263B, 264A, 264B, 265, 266, 267, 268A, 268B, 269, 360, 361, 364, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377
VTD: 0004 WALTHOURVILLE AND FLEMING WEST (Part) Tract: 0102. Block(s): 401C, 401D, 402, 403, 404A, 404B, 404C, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 508A, 510A, 511A, 512, 513, 514, 515, 516, 603B, 603C, 603D, 604A, 604B, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623A, 623B, 624, 625B, 625C, 626B, 627, 628A, 628B, 629, 630, 631, 632A, 632B, 633, 634, 635, 636, 637, 638A, 638B, 639A, 639B, 639C, 639D, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 711, 712C, 712D, 724, 725 Tract: 0104. Block(s): 201D, 203, 220C, 345C, 348D, 351B, 353B, 354, 355, 356, 357D, 358B, 359B, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 378, 379, 380, 381, 382, 383C, 384B, 385, 386, 387A, 387C, 387D, 388A, 388B, 389, 390B, 391B, 392, 393
VTD: 0008 MCINTOSH
District: 174
GLYNN COUNTY VTD: 0002 GLYNCO 1263 (Part) Tract: 0004. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 206, 207, 208, 209, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 279, 286, 287, 288, 289, 290, 291, 292, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620 Tract: 0005. Block(s): 901, 902, 903, 904, 905, 906, 907, 908 VTD: 0003 FANCY BLUFF 1366 (Part) Tract: 0010. Block(s): 234B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 275, 276, 277, 278, 279, 280, 281, 282, 283, 290, 291, 292, 293, 294, 295, 296, 297, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 349, 350, 351, 352, 353, 364, 365, 366, 367, 368, 369, 370, 371, 372, 377, 378, 379, 380, 381, 382, 383, 384, 388, 389, 390, 391, 392, 395, 396, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 456, 457, 458, 459, 460, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 585, 588 VTD: 0004 SSI CASINO 2166

668

JOURNAL OF THE HOUSE,

VTD: 0005 SSI AIR NATIONAL GUARD 2266 VTD: 0006 SSI FIRE STATION 2366 VTD: 0007 JEKYLL 2466 VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 (Part)
Tract: 0004. Block(s): 621, 622, 624
Tract: 0005. Block(s): 114B, 114C, 115, 116C, 116D, 117, 501, 502, 503, 504, 505, 506, 507, 508B, 509, 517, 518B, 519B, 527A, 527C, 528A, 528C, 701, 702, 703, 704, 705, 707, 801, 802, 803, 804, 805, 806, 807, 819, 820, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929A, 929B, 929D, 930C, 930D
Tract: 0007. Block(s): HOD, 111, 112B, 112C
VTD: 0009 BALLARD RECREATION 3253 VTD: 0010 GLYNDALE COMMUNITY BLDG. 3353/3363 VTD: 0011 BWK. ARMORY 4153 (Part)
Tract: 0007. Block(s): 312, 314A, 314B, 315A, 315B, 316, 317, 318, 324, 325, 326, 327, 328, 329, 330, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621A, 621B, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 730, 731, 732, 733, 734, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751, 753, 754, 755A, 755B, 756A, 756B, 757, 758, 759, 808, 809, 810, 811, 812, 813, 814, 823, 824, 825, 826
Tract: 0008. Block(s): 116, 117, 118, 119, 120, 121, 133, 134, 521
VTD: 0012 JANE MACON 4253 (Part) Tract: 0005. Block(s): 114A, 116A, 116B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 233, 234, 508A, 510, 513, 514, 515, 516, 518A, 519A, 520, 521, 522, 523, 524, 525, 526, 527B, 528B, 529, 530, 929C, 930A, 930B, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946 Tract: 0007. Block(s): 110A, HOB, HOC, 112A, 114, 115, 116, 117, 118, 119A, 119C, 123, 124, 125 Tract: 0008. Block(s): 216
VTD: 0013 CITY RECREATION 5153 (Part)
Tract: 0004.
Block(s): 623, 625
Tract: 0008.
Block(s): 239A, 532, 533, 534, 546, 547, 548, 549
Tract: 0009.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152,

TUESDAY, FEBRUARY 11, 1992

669

153, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301, 302, 303, 304, 305, 306, 307, 315, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 531, 532, 533, 534, 535, 536, 537, 550, 551, 552, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 665, 666, 667, 668, 669, 670 VTD: 0014 ADULT EDUCATION 5253 (Part) Tract: 0008. Block(s): 238, 239B, 522, 523
District: 175
CHARLTON COUNTY CAMDEN COUNTY
VTD: 0001 ST. MARYS (Part) Tract: 0103. Block(s): 471A, 471B, 471C Tract: 0104. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 106D, 107A, 107B, 108A, 108B, 109, 110, 120A, 120B, 121A, 121B, 121C, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 146A, 146B, 147, 148A, 148B, 148C, 148D, 149A, 149B, 149C, 150, 151A, 151B, 152A, 152B, 153A, 153B, 153C, 154, 155, 156, 157, 158A, 158B, 158C, 159, 160, 161, 162A, 162B, 162C, 163A, 163B, 163C, 165A, 165B, 166A, 166B, 167A, 167B, 168, 169A, 169B, 170A, 170B, 170C, 170D, 170E, 170F, 172B, 173A, 173B, 174A, 174B, 175A, 175B, 176, 177A, 177B, 177C, 177D, 177E, 177F, 177G, 178A, 178B, 179, 180, 183, 184, 185, 186, 187, 188, 189, 190, 191
Tract: 0105.
Block(s): 901, 902, 903, 904, 905, 906, 907,
908, 909, 910, 911, 912A, 912B, 913A,
913B, 914A, 914B, 914C, 914D, 915, 916,
917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928 Tract: 0105.99 Block(s): 914Z Tract: 0106. Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167,

670

JOURNAL OF THE HOUSE,

168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 201, 202A, 202B, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 204D, 205A, 205B, 206A, 206B, 207, 208, 209, 210A, 210B, 211, 212A, 212B, 212C, 213, 214, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250A, 250B, 251, 252, 253, 254, 315, 316, 317A, 317B, 317C, 317D, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351A, 351B, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 VTD: 0002 KINGSLAND VTD: 0005 WOODBINE (Part) Tract: 0102. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 222A, 234, 235, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283, 284, 285, 286, 287, 288A, 288B, 289A, 289B, 290A, 290B, 291, 292, 293, 294, 295, 296, 297, 343, 344, 354, 355, 356, 357, 358, 359A, 359B, 359C, 360, 361, 362, 363A, 364A, 364B, 365A, 365B, 366, 367A, 367B, 369A, 377, 378, 393, 394, 395, 396 Tract: 0103. Block(s): 101, 102, 104, 141, 301, 302A, 302B, 303A, 303B, 304, 330, 331
District: 176
CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY LOWNDES COUNTY
VTD: 0003 MOODY MASONIC (Part) Tract: 0101. Block(s): 261, 276
VTD: 0005 GARDEN CENTER (Part) Tract: 0105. Block(s): 114
VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE

TUESDAY, FEBRUARY 11, 1992

671

VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH (Part)
Tract: 0105. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 130, 131, 132, 133
Tract: 0111. Block(s): 101, 102, 201, 202, 211, 212, 213, 214, 234
VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0106. Block(s): 301A, 301B Tract: 0107. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 255, 256, 257, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329 Tract: 0108. Block(s): 101, 102, 103, 107, 108, 134
VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0018 NEW COVENANT CHURCH (Part)
Tract: 0101. Block(s): 269, 270, 271, 274A, 274B, 275, 277
Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B
Tract: 0106. Block(s): 101B, 101C, 102C, 102D, 102E, 104, 105B, 105C, 106, 107, 108, 109B, 109C, 109D, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221D, 222, 223, 224, 225, 226, 227, 228
VTD: 0022 EVANGEL CATHEDRAL (Part) Tract: 0104. Block(s): 101A, 102A, 103A, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 118, 119, 120, 121, 122A, 123A, 124A, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 208, 209, 210, 211, 212, 213, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244 Tract: 0106. Block(s): 101A, 102A, 102B, 103, 105A, 109A, 110, 111, 112, 113, 114, 115, 116, 211A, 221C
District: 177
BROOKS COUNTY VTD: 0002 BRIGGS (Part)

672

JOURNAL OF THE HOUSE,

Tract: 9903. Block(s): 221, 222, 223, 225, 228, 229, 232, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277
COOK COUNTY VTD: 0001 ADEL WEST (Part)
Tract: 9802. Block(s): 218, 219A, 220, 221, 222, 223, 224, 225A, 247A, 516, 517, 518, 519, 520
Tract: 9804. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 137, 155, 156, 157, 159A, 201, 204
VTD: 0002 CECIL
VTD: 0003 PINE VALLEY (Part) Tract: 9802.
Block(s): 246, 247B, 248 Tract: 9804.
Block(s): 122, 136B, 138, 139, 140, 141, 142, 143, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 158, 159B, 160, 161, 162, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 251, 252, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271
LOWNDES COUNTY VTD: 0001 HAHIRA (Part)
Tract: 0102.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110A, HOB, HOC, HOD, 111, 112, 113, 114, 115, 116, 117, 118A, 118B, 118C,
119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 140,
141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163A, 163B, 164,
165A, 165B, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 201A, 201B, 202, 203, 204A, 204B, 205A, 205B, 206, 207,
208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 225C, 226, 227, 228, 229, 230,
231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251, 252,
253A, 253B, 254, 255, 256, 257, 258A, 258B, 259, 260A, 260B, 261A, 261B, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271,
272, 273, 274, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323,
324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 388, 389, 390, 391, 401, 402, 403, 404,
405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 467, 468, 469, 470, 471, 472 VTD: 0002 MINEOLA (Part)
Tract: 0102.
Block(s): 416, 460, 461, 462, 463, 464, 465, 466, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490,
491, 492 VTD: 0003 MOODY MASONIC (Part)
Tract: 0101.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 124,

TUESDAY, FEBRUARY 11, 1992

673

125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 152C, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233A, 233B, 233C, 234, 235, 236, 237, 238, 239, 240, 241, 242A, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 262, 263, 264, 265, 266, 267, 268, 272, 273, 282, 286, 294, 295, 296, 297A, 297B, 301, 302, 303, 304 VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101.
Block(s): 305A, 305B, 305C, 305D, 306 Tract: 0103.
Block(s): 201A, 202, 203A, 204A, 205, 206A, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 220A, 221A, 221B, 221C, 222A, 222B, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236, 237, 238, 239, 240, 251, 252, 254A, 257A
Tract: 0104. Block(s): 125A, 126, 127, 128, 129, 130, 131A, 132A, 132B, 134A, 135A,
136A, 138A, 139A, 140A, 142A, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202,
203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 VTD: 0005 GARDEN CENTER (Part)
Tract: 0110. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215,
310, 311, 312, 313, 314, 315, 316, 317, 318, 319 Tract: 0111.
Block(s): 207, 208, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231
VTD: 0006 CHURCH LATTERDAY SAINTS (Part) Tract: 0112.
Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106A, 106B,
106C, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 123C, 124A, 124B, 124C,
124D, 125A, 125B, 125C, 126, 127, 128, 129, 130A, 130B, 130C, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141,
142, 143, 144, 145, 146, 147, 148, 149, 150, 151 Tract: 0113.
Block(s): 101A, 101B, 102, 103A, 103B, 103C, 104A, 104B, 105A, 105B, 106A, 106B, 106C, 107A, 107B, 108, 109C, 109D, 112B, 113,
114, 115, 205A Tract: 0114.
Block(s): 401A, 401B, 401C VTD: 0012 FIRST CHRISTIAN CHURCH (Part)
Tract: 0111.
Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,
129, 130, 131, 132, 133, 203, 204, 205, 206, 209, 210, 215, 216,
223, 224, 225, 232, 233, 235 Tract: 0112.
Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320

674

JOURNAL OF THE HOUSE,

Tract: 0113. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 412, 413, 414, 415, 416, 417
VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 496, 497
VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 278, 279, 280, 281, 283, 284, 285, 287, 288, 289, 290, 291, 292, 293, 305E, 305F, 305G, 305H, 305J, 305K, 305L, 305M, 307, 308 Tract: 0103. Block(s): 101, 102B, 102C, 103B, 104, 105, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 201J, 201K, 201L, 201M, 203B, 204B, 206B, 206C, 206D, 206E, 206F, 206G, 219B, 220B, 220C, 220D, 220E, 220F, 220G, 221D, 221E, 222C, 222D, 222E, 223B, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D Tract: 0104. Block(s): 125B, 125C, 131B, 132C, 133, 134B, 135B, 136B, 137, 138B, 139B, 140B, 141, 142B
VTD: 0019 CRAIG RECREATION CENTER (Part) Tract: 0113. Block(s): 109A, 109B, 111A, 112A, 205B, 310, 311, 409, 410, 411, 418, 419, 420
VTD: 0021 REMERTON CITY HALL (Part) Tract: 0113. Block(s): 201, 202, 203, 204A, 204B, 206, 207, 208, 209, 210, 211, 212, 213
VTD: 0022 EVANGEL CATHEDRAL (Part) Tract: 0103. Block(s): 102A, 103A, 241A, 248A, 249, 250, 253A, 253B, 253D, 254B, 255, 256A
District: 178
BROOKS COUNTY VTD: 0001 BARNEY VTD: 0002 BRIGGS (Part) Tract: 9903. Block(s): 226, 227, 230, 231, 233, 234, 235, 264, 265
Tract: 9904. Block(s): 101, 102, 130, 131, 132, 133, 134, 135, 136, 137
Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128, 129
VTD: 0003 DIXIE VTD: 0004 DRY LAKE VTD: 0005 GROOVERVILLE VTD: 0006 HICKORY HEAD

TUESDAY, FEBRUARY 11, 1992

675

VTD: 0007 MORVEN VTD: 0008 WANKIN VTD: 0009 QUITMAN VTD: 0010 TALLOAKS AND WILLIAMS LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part)
Tract: 0105. Block(s): 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 134, 135
Tract: 0109.
Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127, 140, 141, 142, 143,
144, 145 Tract: 0110.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 211, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450
VTD: 0007 LOMAX-PINEVALE
VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0105.
Block(s): 101, 102, 129
Tract: 0106. Block(s): 302, 303A, 303B, 303C, 304A, 304B, 305, 306, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417
Tract: 0108. Block(s): 104, 105, 106, 109, 110, 111, 112, 113B, 114, 131, 132, 133, 201, 202A, 202B, 202C, 203, 204B, 207, 401B, 434B, 436B
VTD: 0015 AZALEA CITY CHURCH OF GOD
VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102.
Block(s): 493, 494, 495 VTD: 0019 CRAIG RECREATION CENTER (Part)
Tract: 0109. Block(s): 211, 212B, 213, 217B, 218, 219, 220, 221, 222, 223B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 347A, 347B, 347C, 348, 349, 350, 351
Tract: 0113. Block(s): 110, 116A, 117, 401, 402, 403, 404, 405, 406, 407, 408, 421, 422, 423, 424, 425, 426, 427, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 701, 702, 703, 704, 705, 706, 707, 708, 709
Tract: 0114.
Block(s): 306A, 306B, 306C, 307, 308, 417A, 417C, 439, 440A, 440B, 441, 442
THOMAS COUNTY
VTD: 0003 BOSTON

676

JOURNAL OF THE HOUSE,

District: 179
DECATUR COUNTY VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part) Tract: 9703. Block(s): 284A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 387, 388, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423A, 423B, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447 Tract: 9704. Block(s): 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 244, 245, 246, 247, 301A, 301B, 302A, 302B, 302C, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449 Tract: 9705. Block(s): 238 Tract: 9706. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 232, 403C, 416, 417, 418, 419A, 419B, 420, 421A, 421B, 422A, 422B Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 117, 118, 119, 122, 123, 193, 194 VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9703. Block(s): 144A, 146A, 147A, 157, 158A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 202A, 202B, 204A, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 267A, 268, 269, 270A, 271, 272, 273, 274, 275, 276, 277, 278A, 279, 280, 281, 282, 283 VTD: 0005 BELL VTD: 0009 FOWLSTOWN
GRADY COUNTY
VTD: 0010 DUNCANVILLE VTD: 0015 HIGDON
VTD: 0025 MIDWAY (Part) Tract: 9505.

TUESDAY, FEBRUARY 11, 1992

677

Block(s): 325, 326, 327, 328, 329, 333, 334, 424B, 427B, 428, 433, 434, 435
VTD: 0035 RAGAN VTD: 0050 CAIRO 4 VTD: 0055 CAIRO 5 (Part)
Tract: 9504. Block(s): 401, 402, 403, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419
Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 246, 401, 402, 403, 404, 405, 407, 408, 409, 410, 412, 415, 417, 418, 419, 420, 421, 422, 423, 424A, 425, 426, 436, 437, 438, 439
THOMAS COUNTY VTD: 0002 BALFOUR VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY VTD: 0015 HARPER VTD: 0016 SUSIE DUNLAP VTD: 0019 JERGER (Part) Tract: 9606. Block(s): 331, 332, 333, 334, 338, 339, 340, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 505, 506 Tract: 9609. Block(s): 101, 102, 103, 104B, 107, 108, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 138, 139, 140, 141, 142, 204, 205, 206, 207, 238, 239, 240, 241, 242, 243, 244 Tract: 9610. Block(s): 304C, 310B, 310E, 311B
District: 180
DECATUR COUNTY VTD: 0002 BAINBRIDGE (Part) Tract: 9701. Block(s): 177, 179, 180, 189, 190, 191, 192, 193 Tract: 9703. Block(s): 436 Tract: 9704. Block(s): 101, 102, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123 Tract: 9705. Block(s): 214, 215, 216, 217, 218, 233, 234 Tract: 9706. Block(s): 401, 402A, 402B, 403B, 419C, 422C VTD: 0007 CLIMAX VTD: 0011 PARKER (Part) Tract: 9701. Block(s): 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 194, 195 Tract: 9705. Block(s): 101, 102, 103
GRADY COUNTY VTD: 0005 BLOWING CAVE VTD: 0020 LIMESINK & SPRINGHILL VTD: 0025 MIDWAY (Part) Tract: 9505.

678

JOURNAL OF THE HOUSE,

Block(s): 108, 109, 110, 111A, 111B, 111C, 124B, 127B, 128B, 129, 130, 131, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 309B, 309C, 316B, 321, 322B, 323, 324, 335, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349
VXD: 0030 PINEPARK VTD: 0040 SPENCE VTD: 0045 WOODLAND VTD: 0055 CAIRO 5 (Part)
Tract: 9504. Block(s): 151A, 301A, 301B, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 404, 405, 406, 407, 408, 409, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437
Tract: 9505. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127A, 128A, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 310, 311, 312, 313, 314, 315, 316A, 317, 318, 319, 320, 322A, 411, 413, 414, 416
VTD: 0060 WHIGHAM THOMAS COUNTY
VTD: 0001 EASTSIDE VTD: 0004 OCHLOCHNEE VTD: 0005 MEIGS VTD: 0006 COOLIDGE VTD: 0007 PAVO VTD: 0009 BARWICK VTD: 0010 ELLABELLE VTD: 0011 MERRIVILLE VTD: 0014 PATTEN VTD: 0017 FAIRGROUNDS VTD: 0018 CENTRAL VTD: 0019 JERGER (Part)
Tract: 9606. Block(s): 507, 508
Tract: 9609. Block(s): 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 327, 328, 329, 330, 331, 332
Tract: 9610.
Block(s): 211A, 211B, 304A, 304B, 305A, 307A, 307B, 309A, 310A, 310C, 310D, 311A"

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:

TUESDAY, FEBRUARY 11, 1992

679

Representatives White of the 132nd and McKinney of the 40th move to amend the Committee substitute to HB 1337 by striking the descriptions of Districts 10, 22, and 161 and inserting in their respective places the following new descriptions:
"District: 10
STEW ART COUNTY WEBSTER COUNTY LEE COUNTY
VTD: 0001 CHOKEE VTD: 0006 SMITHSVILLE MARION COUNTY VTD: 0005 BUENA VISTA VTD: 0010 DRANEVILLE (Part)
Tract: 9802. Block(s): 269, 270, 271, 272, 273, 276, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 291, 292, 294, 342
SUMTER COUNTY VTD: 0005 LESLIE 15 VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 115A, 115B, 115C, 115D, 116A, 116B, 117A, 118A, 118B, 118C, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 125, 126, 141A, 141B, 141C, 141D, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, USA, 1486, 148C, 149B, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 301D, 303A, 303B, 304, 305, 306, 310, 425, 426, 427, 428 Tract: 9503. Block(s): 135A, 135B, 135C, 135D, 136, 137A, 137B, 138, 139A, 139B, 140A, 140B, 141, 142A, 142B, 143, 144, 215C, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 514A, 519A, 520A, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 538, 539, 540, 541, 542 Tract: 9504. Block(s): 319, 320 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 115, 116, 117, 118, 119, 127, 128, 201, 202, 203, 204A, 209, 210, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217A, 217B, 218, 220, 221, 222, 227, 228, 230, 231, 232A, 232B, 233A, 233C, 234, 235, 236, 237, 238, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 326B, 327, 328, 329, 331, 332, 333 Tract: 9506.

680

JOURNAL OF THE HOUSE,

Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 320, 321, 326, 327, 328
Tract: 9507. Block(s): 104, 115, 116, 117, 118, 125, 126, 201C, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 207B, 220A, 220B, 220C, 220D, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 418, 419, 420, 421, 422, 423, 424, 425, 427, 432, 435
TERRELL COUNTY VTD: 0003 BRONWOOD"
"District: 22
QUITMAN COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY BAKER COUNTY
VTD: 0001 ANNA VTD: 0003 HOGGARDS MILL VTD: 0004 MILFORD MITCHELL COUNTY VTD: 0010 CAMILLA NORTH (Part)
Tract: 9803. Block(s): 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 169, 170, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 220, 221, 337A, 339A, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350
Tract: 9804. Block(s): 417, 418, 419, 426, 427, 428, 429, 430, 431B, 461, 481, 482, 483
VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 165, 166, 167 Tract: 9804. Block(s): 201, 202, 203, 204, 205, 206, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 245, 246A, 246B, 301, 302, 303, 304, 305A, 305B, 306, 323B, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 434, 436, 437, 456, 459A, 462 Tract: 9806. Block(s): 101, 102, 103, 104, 301
VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0040 PELHAM (Part)
Tract: 9806. Block(s): 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201A, 201B, 202, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 210, 211A, 211B, 212, 213, 214, 215, 216A, 216B, 217, 218, 302

TUESDAY, FEBRUARY 11, 1992

681

Tract: 9807. Block(s): 165, 166, 167, 168, 169, 170
TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE VTD: 0002 DAWSON PRECINCT TWO VTD: 0004 SASSER"
"District: 161
BAKER COUNTY VTD: 0002 ELMODEL VTD: 0005 NEWTON
DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0008 ALBANY JR COLLEGE (Part) Tract: 0104.02 Block(s): 103A, 104, 105, 106, 110, 111, 118, 119, 120, 121, 122 VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0014 CARVER TEEN CENTER (Part) Tract: 0012. Block(s): 218, 219, 220 Tract: 0015. Block(s): 114, 115, 116, 117, 119, 120, 121, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 316, 319, 320, 321, 322, 323, 324, 325, 326, 327 VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER (Part) Tract: 0109. Block(s): 208, 215, 216, 217, 218, 219, 220, 224, 225, 226, 227, 228, 229 Tract: 0110. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 208, 209, 211, 212, 213, 214, 215, 216, 217, 227, 228, 230, 231, 232, 233, 234, 235, 236"

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

Abernathy N Adams N Aiken N Alford N Ashe N Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B
Barnett.M N Bates N Beatty N Benefield
N Birdsong N Blitch N Bordeaux

N Bostick N Branch N Breedlove Y Brooks N Brown N Brush N Buck N Buckner N Byrd N Campbell Y Canty N Carrell N Carter N Cauthorn N Chafin
N Chambless Y Cheeks N Childers

N Clark.E Y Clark.L N Coker N Coleman
Colwell N Connell N Culbreth N Cummings.B Y Cummings,M Y Davis,D
Davis.G N Davis.M N Dixon.H N Dixon.S N Dobbs
N Dover N Dunn N Edwards

N Elliott N Pelton N Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden N Goodwin E Green N Greene N Griffin N Groover N Hamilton N Hammond
N Hanner N Harris.B N HarrisJ

N Heard N Henson N Herbert N Holland
Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King N Kingston
N Klein N Ladd N Lane.D

682

JOURNAL OF THE HOUSE,

N Lane.R N Langford N Lawrence N Lawson NLee N Long
Lord N Lucas N Mann N Martin N McBee N McCoy N McKelvey N McKinney.B Y McKinney.C Y Meadows
Merritt Milam

N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M
NOrr N Orrock N Padgett N Parham N Parrish
Patten
N Pelote N Perry N Pettit N Pinholster

N Pinkston NPoag N Porter N Poston N Powell.A N Powell.C N Presley N Purcell Y Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield

N Skipper N Smith.L N Smith.P N Smith.T N Smith.W N Smyre N Snow N Stancil.F N Stancil.S
Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus

N Tolbert N Townsend N Turnquest
Twiggs N Valenti N Vaughan N WalkerJ N Walker.L N Wall N Watson N Watts Y White Y Wilder N Williams.B
Williams.J N Williams.R N Yeargin
Murphy ,Spkr

On the adoption of the amendment, the ayes were 11, nays 154. The amendment was lost.

Representative Clark of the 13th 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:

Representatives Thurmond of the 67th and Hanner of the 131st move to amend the Committee substitute to HB 1337 by striking the descriptions of Districts 90, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 144, and 145 and inserting in their respective places the following new descriptions:
"District: 90
ELBERT COUNTY OGLETHORPE COUNTY LINCOLN COUNTY
VTD: 9001 1A VTD: 9002 IB (Part)
Tract: 9701. Block(s): 233, 246, 247, 250, 251, 252, 253, 254, 255, 256, 259, 266, 267, 268, 301B, 302B, 302C, 303
WILKES COUNTY VTD: 0002 2A (Part) Tract: 9801. Block(s): 239, 240, 241B, 242, 243, 244, 245, 246, 247, 248, 249, 250, 268, 269 Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 117, 118, 119, 120, 121, 122, 123A, 123B, 124A, 124B, 125, 316, 318, 319, 528B, 529B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620B, 621B, 629, 630, 637B, 637C, 638, 639, 640B, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 710, 711, 712, 713, 714, 715A, 715B, 716A, 716B, 717, 718, 719, 720, 721, 722, 723, 749, 750, 751, 752, 753, 754, 755, 757, 758, 759, 760, 761, 762, 763, 764, 765, 789 VTD: 0003 2B (Part) Tract: 9801. Block(s): 215, 216, 217, 218, 219, 220, 221, 222, 230B, 236, 237, 238, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267

TUESDAY, FEBRUARY 11, 1992

683

Tract: 9803. Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 737, 738, 743, 744, 745, 746, 747, 748, 756, 766, 774, 794, 797
VTD: 0006 4A (Part) Tract: 9801. Block(s): 167, 169, 170 Tract: 9802. Block(s): 167, 168, 172, 173, 174, 180, 181, 182 Tract: 9803. Block(s): 111, 112, 113, 115A, 126A, 126B, 127A, 127B, 128, 129, 130, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153
VTD: 0007 4B"
"District: 111
GREENE COUNTY TALIAFERRO COUNTY PUTNAM COUNTY
VTD: 1701 1 VTD: 1702 2 (Part)
Tract: 9601. Block(s): 108, 109, 110, 113, 114, 123, 124, 125
Tract: 9602. Block(s): 145, 146, 148, 149, 156, 157, 158, 159, 167B, 167C, 168A, 168B, 168D, 168E, 169, 170, 186, 187, 188, 189, 190, 191, 192, 308, 318, 402, 403B, 405, 406B, 407A, 407C, 415, 416, 417, 418, 423, 424, 425, 426, 427, 428, 429, 430, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 602A, 602B, 603A, 603B, 604, 605, 606, 607, 608, 609, 610A, 610B, 628, 629, 630, 631, 632, 701, 706, 707, 708, 709
VTD: 1703 3 (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 111, 115, 191, 195, 196 Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 147, 150, 151, 152, 153, 154, 155, 160, 161, 162, 163, 164, 165, 166, 167A, 168C, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 193, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 235A, 235B, 236, 237, 238, 239, 240, 243, 244A, 244B, 245A, 245B, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 271, 272, 301, 302, 303, 304, 305, 306, 307, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 330, 331, 403A, 404, 406A, 407B, 419, 420, 421, 422
VTD: 1704 4 (Part) Tract: 9603. Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262,

684

JOURNAL OF THE HOUSE,

280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296 WARREN COUNTY VTD: 0001 WARRENTON VTD: 0002 CAMAK VTD: 0003 NORWOOD VTD: 0004 BEALL SPRINGS VTD: 0005 RICKETSON WILKES COUNTY VTD: 0001 1 VTD: 0002 2A (Part) Tract: 9803. Block(s): 317, 329, 330, 331, 339, 340, 341, 342, 343, 344, 345, 785, 786, 787, 788 VTD: 0003 2B (Part) Tract: 9803. Block(s): 734, 735, 736, 739, 740, 741, 742, 767, 768, 769, 770, 771, 772, 773, 775, 776, 777, 778, 779, 780, 781, 782, 783, 784, 790, 791, 792, 793, 795, 796 VTD: 0004 3A VTD: 0005 3B VTD: 0006 4A (Part) Tract: 9801. Block(s): 168 Tract: 9803. Block(s): 109, 110, 114, 115B, 116, 131, 132A, 132B
District: 112
MCDUFFIE COUNTY COLUMBIA COUNTY
VTD: 0001 PRECINCT TEN (Part) Tract: 0304. Block(s): 321, 322, 323, 330, 331, 332, 333, 334, 335, 447, 448, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 545, 546, 547, 548, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616
VTD: 0003 PRECINCT TWENTYFIVE VTD: 0005 PRECINCTS FORTY AND FIFTY VTD: 0007 PRECINCT SIXTY (Part)
Tract: 0303.01 Block(s): 101, 102, 103, 104, 210, 211, 212, 213, 214, 240, 241, 242
VTD: 0016 PRECINCT SIXTYFIVE (Part) Tract: 0303.01 Block(s): 243, 244
LINCOLN COUNTY VTD: 9002 IB (Part) Tract: 9701. Block(s): 301A, 302A, 304A, 304B, 305, 306, 307, 308, 309, 316, 320, 328, 329 VTD: 9003 2 VTD: 9004 3A VTD: 9005 3B VTD: 9006 4
District: 113
COLUMBIA COUNTY VTD: 0001 PRECINCT TEN (Part)

TUESDAY, FEBRUARY 11, 1992

685

Tract: 0304. Block(s): 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 549, 552, 553, 701, 702, 703, 704, 705
VTD: 0007 PRECINCT SIXTY (Part) Tract: 0303.01 Block(s): 105, 106, 209, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 245, 246, 247, 281, 293, 294, 295
VTD: 0008 PRECINCT SEVENTY VTD: 0009 PRECINCT EIGHTY (Part)
Tract: 0302.03 Block(s): 209, 301, 302, 303, 309
VTD: 0011 PRECINCT ONE HUNDRED VTD: 0012 PRECINCT ONE HUNDRED TEN VTD: 0013 PRECINCT ONE HUNDRED TWENTY VTD: 0014 PRECINCT ONE HUNDRED THIRTY VTD: 0015 PRECINCT ONE HUNDRED THIRTYFIVE VTD: 0016 PRECINCT SIXTYFIVE (Part)
Tract: 0303.01 Block(s): 271, 272, 273, 276, 277, 278, 279, 280, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292
VTD: 0017 PRECINCT ONE HUNDREDTWENTYFIVE VTD: 0018 PRECINCT EIGHTYFIVE
District: 114
COLUMBIA COUNTY VTD: 0009 PRECINCT EIGHTY (Part) Tract: 0302.03 Block(s): 201, 202, 203, 204, 205, 206, 210, 211, 212 VTD: 0010 PRECINCT NINETY
RICHMOND COUNTY VTD: 0022 8A (Part) Tract: 0016. Block(s): 207A, 208A, 213A, 226A VTD: 0055 89-10 (Part) Tract: 0016. Block(s): 203, 204, 207B, 207C, 208B, 213B, 221, 222, 223, 226B, 227C, 229, 302, 303, 304, 305, 306, 307, 308, 311, 312, 315, 316, 319, 320, 321, 322, 323 VTD: 0056 90-1 (Part) Tract: 0101.04 Block(s): 401, 402, 403, 404, 405, 407, 408, 409, 410, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912 VTD: 0057 90-2 VTD: 0058 90-3 VTD: 0060 90-5 VTD: 0066 FG4
District: 115
RICHMOND COUNTY VTD: 0002 1A VTD: 0004 2A VTD: 0005 3 VTD: 0012 5 VTD: 0013 5A VTD: 0015 6

686

JOURNAL OF THE HOUSE,

VTD: 0017 6B VTD: 0019 7 VTD: 0020 7A VTD: 0021 8 VTD: 0022 8A (Part)
Tract: 0011. Block(s): 207, 208
Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B
Tract: 0016. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 209, 212, 215, 216, 217, 218, 219A, 227A, 233
VTD: 0023 8B VTD: 0024 8C VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0041 88-3 (Part)
Tract: 0016. Block(s): 401, 911B
VTD: 0047 89-2 VTD: 0055 89-10 (Part)
Tract: 0016. Block(s): 202B, 227B
VTD: 0056 90-1 (Part) Tract: 0101.02 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 119, 120, 121, 901, 902, 903, 904, 905, 906, 907, 908, 909A, 909B, 910, 911, 912
VTD: 0059 90-4
District: 116
BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0003 GOUGH VTD: 0004 GREENS CUT AND FOUR POINTS (Part) Tract: 9501. Block(s): 165, 166, 167, 168, 169A, 189, 190, 191, 192, 222, 224, 230, 232, 233, 234, 235, 236, 237, 244, 245, 246, 247, 263, 272, 273, 274, 275, 276, 280, 281, 282, 283, 284, 285, 286, 287, 289, 291, 292 VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 106, 107, 108A, 108B, 127, 128, 201, 202, 203, 204A, 204B, 205, 206A, 206B, 207A, 207B, 207C, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232A, 232B, 232C, 233, 234, 235, 236, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 271, 273, 274, 275, 276, 277, 278A, 278B, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0006 MIDVILLE VTD: 0007 MUNNERLYN VTD: 0008 SARDIS VTD: 0009 SCOTTS CROSSROAD VTD: 0010 SHELLBLUFF

TUESDAY, FEBRUARY 11, 1992

687

VTD: 0011 ST CLAIR VTD: 0012 VIDETTE VTD: 0014 NORTH WAYNESBORO VTD: 0015 SOUTH WAYNESBORO RICHMOND COUNTY VTD: 0032 86-4 (Part)
Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 149, 151, 152, 153
Tract: 0107.04 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 114, 115, 134, 161, 162, 163
Tract: 0108. Block(s): 901F
VTD: 0035 86-7 (Part) Tract: 0109.01 Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 230A, 237, 238, 239, 240, 422A, 432A, 437A, 438, 439, 440, 441, 442, 443, 444A, 445
VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0067 FG5 (Part)
Tract: 0108. Block(s): 901D, 901G, 901H, 906, 907, 911, 912
VTD: 0068 FG6 Block(s): That portion of Block 901J lying north of Run Creek
District: 117
RICHMOND COUNTY VTD: 0006 3A VTD: 0008 4 (Part) Tract: 0014. Block(s): 401, 402, 404, 406, 407, 408, 409 Tract: 0015. Block(s): 201, 203, 204, 207, 211, 212, 216, 601, 603, 604, 605, 606 Tract: 0104. Block(s): 101A, 102A, 103A, 104A, 105A, 107A, 108A, 112A, 114A, 115A, 201A, 205A, 703A Tract: 0106. Block(s): 401, 407A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0016 6A VTD: 0018 6C VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 148, 150 VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 (Part) Tract: 0103.

JOURNAL OF THE HOUSE,
Block(s): 407, 408, 409, 410, 411, 412, 413, 414A, 414B, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 428
VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0046 89-1 VTD: 0049 89-4 (Part)
Tract: 0105.05 Block(s): 401, 501, 502, 603, 702, 703, 704, 705, 707, 708, 709, 710, 711, 712, 713, 715, 718, 719, 720, 721, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 816, 817, 818, 919, 920
VTD: 0051 89-6 VTD: 0052 89-7 (Part)
Tract: 0105.05 Block(s): 901, 902, 903, 904, 916, 917
Tract: 0105.07 Block(s): 301, 302, 304, 305, 306, 307, 308, 309, 313, 314, 412, 413, 414, 415, 418
District: 118
RICHMOND COUNTY VTD: 0001 1 VTD: 0003 2 VTD: 0007 3B VTD: 0008 4 (Part) Tract: 0015. Block(s): 101B, 104, 105, 106, 107, 108, 110, 202, 205, 206, 208, 209, 210, 213, 214, 301, 302, 303, 304, 310, 401, 402, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 501, 508, 510, 511, 512, 513, 515 VTD: 0009 4A VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 141, 142, 143, 144, 145, 146, 147 Tract: 0107.04 Block(s): 101, 148, 149, 150, 151, 152, 153, 154 VTD: 0048 89-3 VTD: 0049 89-4 (Part) Tract: 0105.05 Block(s): 201, 301, 601, 602, 701, 706, 714, 716, 717, 722, 723 VTD: 0050 89-5 (Part) Tract: 0105.09 Block(s): 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 828, 829, 830, 831, 832, 833, 835
District: 119
BURKE COUNTY VTD: 0004 GREENS CUT AND FOUR POINTS (Part) Tract: 9501.

TUESDAY, FEBRUARY 11, 1992

689

Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 117, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 223, 225, 226, 227, 228, 229, 231, 238, 239, 240, 241, 242, 243, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 264, 265, 266, 267, 268, 269, 270, 271, 277, 278, 279, 288, 290, 293, 294, 295, 296, 297
VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 124, 125, 126, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 237, 238, 239, 240, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 272
RICHMOND COUNTY VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247 VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 112, 113, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160 VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0035 86-7 (Part) Tract: 0109.01 Block(s): 201, 202, 203, 204, 227, 228, 229, 230B, 231, 232, 233, 234, 235, 236, 341, 342, 392, 394, 395, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422B, 423, 432B, 433, 434, 435, 436, 437B, 444B, 446, 447, 448, 449, 450 VTD: 0036 86-8 VTD: 0050 89-5 (Part) Tract: 0105.09 Block(s): 721, 722, 723, 724, 725, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 834, 836, 837 Tract: 0107.05 Block(s): 104
District: 120
GLASCOCK COUNTY JEFFERSON COUNTY COLUMBIA COUNTY
VTD: 0002 PRECINCTS TWENTY AND THIRTY VTD: 0019 PRECINCT SEVENTYFIVE WARREN COUNTY VTD: 0006 PAN HANDLE RICHMOND COUNTY VTD: 0067 FG5 (Part)
Tract: 0108. Block(s): That portion of Block 901J lying south of Run Creek

690

JOURNAL OF THE HOUSE,

District: 121
HANCOCK COUNTY WASHINGTON COUNTY BALDWIN COUNTY
VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 139, 150, 152, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 350, 353, 354, 357, 358, 367, 368, 369 Tract: 9702. Block(s): 524 Tract: 9707. Block(s): 126
VTD: 0004 EAST MILLEDGEVILLE 320E (Part) Tract: 9702. Block(s): 330A, 333, 334, 337, 338, 339, 340, 341, 401, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 506, 515, 516, 517
VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 302A, 303A, 304A, 307A, 308, 309, 310A, 311A, 318, 319, 320, 321, 424, 425, 548A
VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421
VTD: 0010 CMC 320G (Part) Tract: 9705. Block(s): 139, 140, 141 Tract: 9706. Block(s): 101 Tract: 9707. Block(s): 101, 102, 103, 104, 105, 112, 113, 114, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127, 129, 130, 132, 133, 134, 135, 136, 137, 140B, 301, 302B, 303B, 304B, 305, 306, 307B, 546, 547, 548B, 548C Tract: 9708. Block(s): 101, 102, 103, 104, 105A, 118A, 119, 120, 121, 122, 123A, 124, 125, 126, 127A, 128, 129
VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 423, 424, 425, 426, 427, 430, 431, 504, 505, 506, 513
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 130, 132, 133
District: 122
BALDWIN COUNTY

TUESDAY, FEBRUARY 11, 1992

691

VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107D, 107E, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185B, 201, 202, 203, 204, 205, 309, 349, 351, 352, 355, 356, 359, 360, 361, 362, 363, 364, 365, 366, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382,
383 Tract: 9702.
Block(s): 342B VTD: 0002 NORTH BALDWIN 318 VTD: 0003 WEST BALDWIN 319 VTD: 0004 EAST MILLEDGEVILLE 320E (Part)
Tract: 9702. Block(s): 335, 336A, 505, 507, 508, 509, 510, 511, 512, 513, 514, 518, 519, 520, 521, 522, 523
VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 140A, 201A, 201B, 217A, 218A, 219, 220, 221, 222A, 223, 224, 312A, 313, 314A, 315, 316, 317, 401A, 402, 404A, 405, 406, 407, 408, 415A, 416, 417, 418A, 420A, 422, 423, 501A, 501B, 502, 503A, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518
VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part)
Tract: 9703. Block(s): 230B
Tract: 9704. Block(s): 308B, 309A, 310A, 311A, 311B, 312, 313, 314, 315, 316, 317, 318, 319, 324, 325, 428, 429, 507, 508, 509
Tract: 9705. Block(s): 109, 110, 111, 112, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 325A, 326A, 326B, 343A, 345, 346A, 346B, 349, 350A, 351, 352, 353, 354, 355, 356A, 357, 358, 359A, 360, 362A
VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 102A, 103, 104, 105, 106A, 107A, 108, 109, 110, 111, 201A, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218 Tract: 9708. Block(s): 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 231
VTD: 0010 GMC 320G (Part)
Tract: 9705.
Block(s): 137, 138
Tract: 9706.
Block(s): 102B, 106B, 107B, 201B
Tract: 9707.
Block(s): 106, 107, 108, 109, 110, 111, 115, 116, 128, 131, 138, 139, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 310B, 311B, 312B,

692

JOURNAL OF THE HOUSE,

314B, 401B, 403, 404B, 404C, 409, 410, 411, 412, 413, 414, 415B, 418B, 419, 420B, 421, 426, 427, 428, 501C, 503B, 515B, 516, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 549, 550 VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 421, 422, 501, 502, 503, 510, 511, 512, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529
Tract: 9705. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 142, 143
VTD: 0012 FIRST CHRISTIAN CHURCH 320C (Part) Tract: 9704. Block(s): 106, 107, 108, 109, 114, 115, 116, 218, 219, 220, 301, 302, 303, 304, 305, 306, 320, 321, 322, 323, 326, 327
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302
PUTNAM COUNTY VTD: 1702 2 (Part) Tract: 9601. Block(s): 206, 207 VTD: 1703 3 (Part) Tract: 9601. Block(s): 112, 116, 117, 118, 119, 120, 121, 122, 126, 127, 131, 132, 133, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 150, 189, 190, 192, 193, 194 Tract: 9602. Block(s): 270 VTD: 1704 4 (Part) Tract: 9601.
Block(s): 128, 129, 130, 134, 135, 136, 143, 148, 149, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 197, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256
Tract: 9602.
Block(s): 401, 408, 409, 410, 411, 412, 413, 414, 601
Tract: 9603.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 202, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 297"

TUESDAY, FEBRUARY 11, 1992

693

"District: 144
EMANUEL COUNTY JOHNSON COUNTY TREUTLEN COUNTY
District: 145
JENKINS COUNTY CANDLER COUNTY BULLOCH COUNTY
VTD: 0001 STATESBORO (Part) Tract: 9903. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143B, 144B, 145, 146, 147, 148, 149, 150, 151, 152, 211, 212, 213, 214, 217, 219, 220, 221, 222, 223, 224, 225, 226, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 270, 281, 282, 283, 284, 285, 295, 296, 297, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474 Tract: 9904. Block(s): 303B, 308A, 308B, 309, 310, 311, 411B, 426B, 426C, 429B, 430, 431, 432, 433A, 433B, 434, 435, 436, 437, 438, 515B, 516, 521B, 522B, 523, 524B, 525B, 526B, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 603C, 608B, 610B, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624 Tract: 9905. Block(s): 503B, 504B, 522B, 523, 524, 525, 526, 527, 528, 529 Tract: 9906. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428 Tract: 9907. Block(s): 403, 405, 406
VTD: 0005 BROOKLET VTD: 0006 STILSON VTD: 0007 BAY VTD: 0008 NEVILS VTD: 0009 REGISTER VTD: 0010 EMIT VTD: 0011 SINKHOLE VTD: 0012 PORTAL"

The following amendment was read:

Representative Walker of the 113th moves to amend the Committee on Legislative and Congressional Reapportionment substitute to HB 1337 by striking in their entireties

694

JOURNAL OF THE HOUSE,

the descriptions of District 128, District 138, District 139, District 141, District 157, District 158, and District 159 and inserting in lieu thereof, respectively, the following:
"District: 128
BIBB COUNTY VTD: 0045 WA 01 (Part) Tract: 0136.01 Block(s): 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424 Tract: 0136.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 414, 504, 505, 506, 507, 508, 509, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610 VTD: 0048 HAZARD 04
CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A
HOUSTON COUNTY VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 301A, 302, 303, 304, 306B, 308B, 309, 310, 313B Tract: 0202. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119 Tract: 0203. Block(s): 417, 423, 426 VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0206. Block(s): 202A, 203 VTD: 0007 PKWD (Part) Tract: 0201.01 Block(s): 224A, 224B, 225, 226 Tract: 0202. Block(s): 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202A, 202B, 202C, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303A, 303B, 303C, 304, 305, 306, 307, 308, 309, 310, 401A, 401B, 401C, 401D, 401E, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405A, 405B, 406A, 406B, 406C, 407, 409, 410A, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 425C, 425D, 426A, 426B
Tract: 0209.
Block(s): 105, 108, 109, 110, 111, 114, 115, 116, 117, 118, 301, 401, 402, 403, 404, 405
VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 224, 225, 226, 227, 228, 229, 230, 231, 401A, 401D, 401H, 401J, 402, 403, 404, 405, 406, 409, 410,

TUESDAY, FEBRUARY 11, 1992

695

411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422A, 422B, 423, 424, 425 VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 217, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 221, 222A, 222B, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408A, 408B, 408C, 409, 410, 411A, 411B,412 Tract: 0201.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 Tract: 0202. Block(s): 408 PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON"
"District: 138
PULASKI COUNTY CRISP COUNTY
VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 149, 150, 156, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 201, 202, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 216A, 216B, 217, 218, 219, 220, 221, 222A, 222B, 222C, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 264B, 265B, 266B, 309A, 309B, 319, 320, 321, 322, 323A, 323B, 324B, 325, 326, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363 Tract: 9802. Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 175, 176, 177, 178, 179C, 181, 182A, 182B, 182C, 183, 184, 185, 186, 187, 193, 194, 195, 196A, 196B, 328, 412A, 412C, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 454D, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619 Tract: 9803.

696

JOURNAL OF THE HOUSE,

Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271, 301, 302, 303, 304, 307, 308, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 355, 356, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370
Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 301, 302, 307, 308, 309, 310, 311, 318, 319, 320, 321, 328, 329, 330, 335, 336, 337, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417, 418A, 418B, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 5146, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B, 528C, 528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544
Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120
VTD: 0002 LISTONIA VTD: 0003 HATLEY VTD: 0004 ARABI
VTD: 0005 JAMESTOWN
VTD: 0006 CONEY
DOOLY COUNTY
VTD: 0001 VIENNA 535 (Part)
Tract: 9703.
Block(s): 166, 167, 168, 169, 170, 218, 219, 221B, 222B, 223, 224A, 224B, 225, 226B, 238, 239, 240, 241, 242, 243, 248, 254, 255, 311, 313B, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 341B, 342, 343B, 344B, 345B, 346, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374,

TUESDAY, FEBRUARY 11, 1992

697

375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 401, 402, 403, 414, 415, 416, 417, 418, 419, 420, 421, 422, 426B, 433, 434, 435, 436, 437, 438, 439, 509, 510, 511, 512, 513, 514, 515A, 515B, 516, 517, 518, 519, 520, 521, 523A, 523B, 524A, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 571, 580B, 582, 584, 585, 586, 587, 588, 589 VTD: 0002 SIXTH 1012 VTD: 0003 THIRD 516 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 280, 281, 282, 284 Tract: 9703. Block(s): 355, 359, 360, 361, 362, 363, 364, 365, 366, 367, 381, 386, 387, 388, 395, 396, 397 VTD: 0005 FINDLAY 1552 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 (Part) Tract: 9702. Block(s): 202A, 202B, 209A, 209B, 210A, 210B, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 222A, 222B, 223, 224, 225, 226, 227, 268, 269, 270, 271, 272, 273, 275, 277 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671 HOUSTON COUNTY VTD: 0009 LII VTD: 0010 UII (Part) Tract: 0211.02 Block(s): 129, 140, 141, 301, 304 Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 215, 216, 217, 218, 219, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345 SUMTER COUNTY VTD: 0005 LESLIE 15 (Part) Tract: 9508. Block(s): 101, 102, 103, 104, 111, 112, 113, 114, 120, 121, 122, 123, 124, 125, 126, 127B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196
District: 139
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235, 236, 237, 238, 239, 240A, 241A, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 305, 306, 307A, 307B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 412, 413, 414, 415, 416, 417, 418 Tract: 0208.

698

JOURNAL OF THE HOUSE,

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 901A, 901B
Tract: 0211.01 Block(s): 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110
VTD: 0002 MILL VTD: 0003 MSSH (Part)
Tract: 0202. Block(s): 101, 102, 103
Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 308, 309, 310, 315, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 418, 419, 420, 421, 422, 424, 425, 427, 428, 429
VTD: 0004 RECR (Part) Tract: 0203. Block(s): 102A, 103, 104, 105, 106, 107, 108, 109, 113 Tract: 0204. Block(s): 125, 126, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 113A, 114A, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121
VTD: 0006 RUSS VTD: 0008 NSJH (Part)
Tract: 0201.02 Block(s): 301A, 301B, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 307A, 307B, 307C, 308, 309A, 309B, 401B, 401C, 401E, 401F, 401G, 407, 408, 426, 427, 428
VTD: 0010 UII (Part) Tract: 0211.01 Block(s): 113B Tract: 0211.02 Block(s): 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106E, 106F
VTD: 0013 ANNX VTD: 0017 WRJH"
"District: 141
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 240B, 241B Tract: 0207. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 201A, 201B, 202, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 205C, 206, 207, 208A, 208B, 301, 302, 303, 304, 308A, 308B, 308C, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 Tract: 0208. Block(s): 201, 301, 401, 402, 901C Tract: 0211.01 Block(s): 101A, 101B, 102A, 102B, 114A, 114B, 115A, 115B VTD: 0003 MSSH (Part)

TUESDAY, FEBRUARY 11, 1992

699

Tract: 0201.03 Block(s): 305, 306A, 308A, 311, 312, 313A, 314, 315, 316, 317, 318, 319
Tract: 0203. Block(s): 303, 304, 305, 306, 307, 311, 312, 313, 314
Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 101A, 101B, 102B, 110, 111, 112, 114A, 114B, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 113B, 114B Tract: 0206. Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202B, 202C, 202D, 202E, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 902, 903, 904, 905, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B
VTD: 0010 UII (Part) Tract: 0211.02 Block(s): 101A, 101B, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 143 Tract: 0211.03 Block(s): 201, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 220
VTD: 0011 10TH VTD: 0014 N13 VTD: 0015 12TH VTD: 0016 TOWN"
"District: 157
TURNER COUNTY LEE COUNTY
VTD: 0002 REDBONE VTD: 0003 LEESBURG (Part)
Tract: 0203. Block(s): 424, 430, 431B, 432, 433, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 501, 502, 503, 504, 505A, 506, 507A, 508
VTD: 0004 CENTURY VTD: 0005 PALMYRA (Part)
Tract: 0203. Block(s): 114, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 143, 144, 145, 146, 148, 149, 150, 201, 206, 207, 216, 217, 301, 302, 303, 304, 310, 311, 312, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 331, 335, 336, 337, 338, 339, 340, 344, 345, 346, 347, 348, 511B, 515
WORTH COUNTY VTD: 0001 SYLVESTER

700

JOURNAL OF THE HOUSE,

VTD: 0002 SYLVESTER PARK VTD: 0003 POULAN VTD: 0004 SUMNER VTD: 0005 SHINGLER VTD: 0006 RED ROCK (Part)
Tract: 9502. Block(s): 102, 103, 104, 105, 107, 108, 109, 110, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 252, 253, 254, 255, 256, 257, 258, 259, 301, 302, 303, 304, 305B, 306, 307B, 308B, 308C, 314B
VTD: 0007 DOLES (Part) Tract: 9501. Block(s): 231, 232, 233, 234, 235, 236, 237, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 295, 296, 297
VTD: 0008 OAKFIELD VTD: 0009 WARWICK VTD: 0010 SCOTTERVILLE VTD: 0011 MINTON VTD: 0013 GORDY (Part)
Tract: 9504. Block(s): 219, 221, 222, 223, 224
Tract: 9505.
Block(s): 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 123,
124, 125, 126, 127, 128, 153B, 154, 155B, 168B, 169, 233,
234B, 235, 241, 242, 243, 244, 245B, 254B, 263B, 264B, 265,
266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278,
279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291,
292, 293, 294
District: 158
STEWART COUNTY WEBSTER COUNTY QUITMAN COUNTY RANDOLPH COUNTY SUMTER COUNTY
VTD: 0025 CONCORD NEW 26 VTD: 0030 PLAINS OLD 26 (Part)
Tract: 9504. Block(s): 141, 142, 143, 146, 147, 148, 149, 151, 152, 153, 154, 155, 157, 158, 160, 161, 162, 163, 164, 165, 166, 201, 202A, 202B, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211, 212, 213A, 213B, 214, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 226, 227, 228, 248, 249, 250, 301, 304, 305
VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 115A, 115B, 115D, 116A, 116B, 117A, 117B, 118C, 119B, 120B, 121B, 122B, 125, 126, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141B, 141C, 141D, 142, 148A, 148B, 148C, 149A, 149B, 149C, 150, 151, 152, 301A, 301B, 301C, 301D, 301E, 302, 303A, 303B, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B, 317, 318, 319, 320, 321A, 321B, 322, 323, 402, 403, 404, 405, 406, 407, 408, 409A, 409B,

TUESDAY, FEBRUARY 11, 1992

701

409C, 409D, 409E, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 134, 135A, 135B, 135D, 137A, 137B, 138, 139B, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 215A, 215B, 215C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 220, 221, 222, 223, 224, 225, 311, 312, 313, 314, 315, 316, 453, 454, 455, 456, 457, 458, 459, 462, 463, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 520B, 543, 544 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217A, 217B, 217C, 218, 219, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 230, 231, 232A, 232B, 233A, 233B, 233C, 234, 235, 236, 237, 238, 304, 305, 309, 310, 311, 312, 313, 314 Tract: 9506. Block(s): 101, 128, 131, 132, 133, 134, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 9507. Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114; 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407B, 407C, 408A, 408B, 409A, 409B, 409C, 409D, 409E, 409F, 409G, 410, 411, 412, 413, 414A, 414B, 414C, 414D, 415A, 415B, 415C, 415D, 416A, 416B, 416C, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435 VTD: 0040 CHAMBLISS 28 VTD: 0045 ANDERSONVILLE
District: 159
TERRELL COUNTY CLAY COUNTY
CALHOUN COUNTY LEE COUNTY
VTD: 0001 CHOREE

702

JOURNAL OF THE HOUSE,

VTD: 0003 LEESBURG (Part) Tract: 0202. Block(s): 160, 162, 163, 192, 194, 195, 196 Tract: 0203. Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 425, 426, 427, 428, 429, 431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 485B, 486, 487, 490, 491, 493, 494, 495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549
VTD: 0005 PALMYRA (Part) Tract: 0203. Block(s): 208, 209, 210, 212, 213, 214, 215, 218, 219, 305, 306, 307, 308, 309, 313, 330, 332, 333, 334, 341, 342, 343
VTD: 0006 SMITHSVILLE SUMTER COUNTY
VTD: 0005 LESLIE 15 (Part) Tract: 9508. Block(s): 105, 106, 107, 108, 109, 110, 115, 116, 117, 118, 119, 127A, 128A, 128B, 197, 201, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229A, 229B, 230A, 230B, 230C, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242A, 242B, 242C, 243, 244A, 244B, 244C, 245, 246A, 246B, 247, 248, 249, 250, 251A, 251B, 252A, 252B, 252C, 253A, 253B, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 309, 310, 311, 312, 313, 314A, 314B, 315, 316, 317, 326, 327, 328A, 328B, 329, 330A, 330B, 331A, 331B, 332, 333, 334, 335A, 335B, 336, 337, 338, 339, 340, 341, 342, 343, 344A, 344B, 345, 346A, 346B, 347, 348, 349, 350, 370, 372, 373, 374, 375, 376, 377A, 377B, 378, 379, 380, 381, 382, 383, 384
VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26 (Part)
Tract: 9504.
Block(s): 223A, 223B, 224, 225, 229, 230, 231, 232, 233, 234, 235, 236A, 236B, 237A, 237B, 238A, 238B, 239, 240, 241A, 241B, 242, 243, 244, 245, 246, 247, 251, 252, 253, 254, 302, 303, 306, 307, 308, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 326, 330, 363, 364, 365, 369, 370
VTD: 0035 AMERICUS 27 (Part)
Tract: 9502.
Block(s): 115C, 118A, 118B, 119A, 120A, 121A, 122A, 123A, 123B, 124A, 124B, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226
Tract: 9503.
Block(s): 135C, 136, 139A, 140A, 140B, 141, 142A, 142B, 143, 144, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451,

TUESDAY, FEBRUARY 11, 1992

703

452, 460, 461, 513, 514A, 514B, 515, 516, 517, 518, 519A, 519B, 520A, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 545, 546 Tract: 9504. Block(s): 319, 320 Tract: 9505. Block(s): 301, 302, 303, 306, 307, 308, 326B, 327, 328, 329, 331, 332, 333, 334 Tract: 9506. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 135, 136, 137, 138"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams N Aiken N Alford N Ashe N Atkins N Baker N Balkcom N Barfoot Y Bargeron N Barnett.B N Barnett.M Y Bates Y Beatty N Benefield
Birdsong Y Blitch
N Bordeaux Bostick
N Branch N Breedlove Y Brooks
Brown N Brush NBuck
Y Buckner N Byrd Y Campbell N Canty N Carrell N Carter N Cauthorn
Chafin N Chambless
Y Cheeks N Childers

N Clark.E N Clark.L N Coker N Coleman
Colwell N Connell Y Culbreth Y Cummings.B Y Cummings,M N Davis.D
Davis.G Y Davis.M Y Dixon.H N Dixon.S N Dobbs N Dover Y Dunn
N Edwards Y Elliott
Felton N Fennel N Floyd.J.M Y FloydJ.W
Y Flynt Y Godbee Y Golden N Goodwin E Green N Greene N Griffin
Groover Hamilton
Y Hammond N Manner N Harris.B Y Harris.J

N Heard N Henson N Herbert N Holland
Holmes N Howard N Hudson Y Irwin N Jackson N Jamieson
Jenkins Y Jones
Kilgore N King N Kingston N Klein N Ladd N Lane.D
N Lane.R N Langford N Lawrence
Lawson NLee N Long
Lord N Lucas N Mann N Martin N McBee N McCoy N McKelvey N McKinney.B
McKinney.C N Meadows N Merritt
Milam

N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M NOrr N Orrock
N Padgett N Parham N Parrish
Patten N Pelote N Perry
N Pettit N Pinholster Y Pinkston NPoag N Porter
N Poston N Powell.A N Powell.C N Presley N Purcell Y Randall
NRay N Reaves
Redding N Ricketson
Royal N Selman Y Sherrill N Simpson
N Sinkfield

On the adoption of the amendment, the ayes were 31, nays 122. The amendment was lost.

N Skipper Smith.L
N Smith.P N Smith.T N Smith.W
N Smyre N Snow N Stancil.F N Stancil.S N Stanley Y Streat N Taylor N Teper N Thomas.C N Thomas,M
Thomas,N
N Thurmond Y Titus N Tolbert
Townsend N Turnquest
Twiggs N Valenti
N Vaughan Y Walker.J Y Walker.L N Wall Y Watson
N Watts White
N Wilder
N Williams.B Williams.J
N Williams.R N Yeargin
Murphy.Spkr

The following amendment was read and adopted:

Representative McBee of the 68th, et al. move to amend the Committee substitute to HB 1337 by striking the descriptions of Districts 88 and 89 and inserting in their respective places the following new descriptions:
"District: 88
CLARKE COUNTY

704

JOURNAL OF THE HOUSE,

VTD: 0004 PRECINCT 216-4 (Part) Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126, 127, 128, 129 Tract: 0013.02 Block(s): 108A, 108B, 108C, 108D, 108E, 117A, 117B, 118A, 118B, 119A, 120A, 120B, 120C, 120D, 120E, 120F, 121A, 121B, 121C, 121D, 121E, 125, 130A, 130B, 132A, 133A, 133B, 134, 135, 201A, 205A, 206A, 209A, 210A, 210B, 211A, 318A
VTD: 001A PRECINCT 216-1A (Part) Tract: 0004. Block(s): 209, 210, 211, 212, 213, 214A, 215, 217 Tract: 0015.01 Block(s): 301A, 303A, 307A
VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 105 Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 214 Tract: 0011. Block(s): 111, 112, 113, 114, 115, 201, 202, 203, 204 Tract: 0012. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223 Tract: 0015.02 Block(s): 306A, 418A, 419A
VTD: 002B PRECINCT 216-2B VTD: 003A PRECINCT 216-3A VTD: 005B PRECINCT 216-5B (Part)
Tract: 0008. Block(s): 124, 125, 130, 131
Tract: 0013.02 Block(s): 320, 321, 322, 328A, 329
VTD: 0217 PRECINCT 0217 (Part) Tract: 0004. Block(s): 216, 222 Tract: 0011. Block(s): 317A, 317B, 317C Tract: 0015.01 Block(s): 404, 405, 406, 407, 408, 409, 410, 411, 412 Tract: 0015.02 Block(s): 214, 215, 216, 301A, 301B, 302, 303B, 304, 305, 306C
VTD: 0219 PRECINCT 0219 (Part) Tract: 0013.02
Block(s): 104, 128, 131, 133C
VTD: 1347 PRECINCT 1347 (Part)
Tract: 0013.02
Block(s): 101, 102, 103, 105, 106, 107, 108F, 109, 110, 111, 112, 113, 114, 115, 116, 117C, 118C, 119B, 120G, 122, 123, 124, 126, 127, 129, 130C, 130D, 132B, 201B, 202, 203, 204, 205B, 206B, 207, 208, 209B, 210C, 211B, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318B, 319, 323, 324, 325, 326, 327, 328B
VTD: 144A PRECINCT 144B (Part)

TUESDAY, FEBRUARY 11, 1992

705

Tract: 0013.98 Block(s): 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 210, 501B
Tract: 0015.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418B, 419B
VTD: 144B PRECINCT 144A (Part) Tract: 0013.98 Block(s): 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316, 317A, 317B, 318A, 318B, 319, 401, 402, 403A, 403B, 404A, 404B, 405A, 405B, 406, 407A, 407B, 408, 409, 410, 411, 412, 501C, 502, 503, 504, 505, 506, 507, 508, 509 Tract: 0016.98 Block(s): 201B, 301C, 307B, 308B, 308D, 315B, 317B, 318B, 325B, 325D
VTD: 1899 PRECINCT 1899 (Part) Tract: 0004. Block(s): 203B, 214B Tract: 0015.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301B, 302, 303B, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 401, 402, 403
District: 89
CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 136, 137, 138, 139, 140, 141, 142, 143 Tract: 0002. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 Tract: 0004. Block(s): 102, 103, 104, 105, 106, 107, 108, 109 Tract: 0005. Block(s): 101, 102 Tract: 0006. Block(s): 110, 125, 126, 127, 128, 142, 143, 201, 202, 203, 217, 218, 219 Tract: 0007. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 VTD: 001A PRECINCT 216-1A (Part) Tract: 0001. Block(s): 128, 129, 130, 131, 132, 133, 134, 135 Tract: 0003. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361 Tract: 0004. Block(s): 101, 110, 201, 202, 203A, 204, 205, 206, 207, 208

706

JOURNAL OF THE HOUSE,

Tract: 0014.02 Block(s): 419A, 706A, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719A
VTD: 001B PRECINCT 216-2B (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 107, 116, 117 Tract: 0003. Block(s): 102A, 103A, 104, 105, 106A, 108, 109, 112, 113, 114A, 115A, 117A, 117B, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 331 Tract: 0014.02 Block(s): 418A
VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 104
VTD: 003B PRECINCT 216-3B VTD: 005A PRECINCT 216-5A VTD: 005B PRECINCT 216-5B (Part)
Tract: 0008. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227
Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113
Tract: 0013.02 Block(s): 330
VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 101, 102B, 102C, 103B, 106B, 114B, 115B Tract: 0014.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253
VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 217, 218, 219, 401, 402, 403, 405, 411, 413, 420, 701, 702, 703, 704, 705, 706B, 706C, 719B, 723A
VTD: 1347 PRECINCT 1347 (Part) Tract: 0014.01 Block(s): 211, 212
VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 101, 102, 103, 104, 106
VTD: 144B PRECINCT 144A (Part)
Tract: 0013.98
Block(s): 201, 202"

The following amendment was read:

Rpresentative Wall of the 61st moves to amend the Committee substitute to HB 1337 by striking in their entireties the descriptions of District 80 and District 82 and inserting in lieu thereof, respectively, the following:

TUESDAY, FEBRUARY 11, 1992

707

"District: 80
GWINNETT COUNTY VTD: 0018 1263A VTD: 0019 1263B VTD: 0024 404A (Part) Tract: 0505.02 Block(s): 101A, 101B, 103, 104, 107, 108, 109, 110, 113, 114, 115, 130, 135, 137, 138 VTD: 0030 407C (Part) Tract: 0505.03 Block(s): 212C, 215B, 216 VTD: 0040 406G VTD: 0041 406H VTD: 0052 1263C VTD: 0053 1263D VTD: 0074 404C"
"District: 82
GWINNETT COUNTY VTD: 0024 404A (Part) Tract: 0505.02 Block(s): 102 VTD: 0027 444B (Part) Tract: 0505.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 140, 145, 146, 156, 157, 158, 159, 160, 161, 167, 191, 192, 193, 211, 223, 224 Tract: 0506.01 Block(s): 164 Tract: 0506.02 Block(s): 305, 333, 334, 335, 345, 346, 347 VTD: 0029 407B VTD: 0030 407C (Part) Tract: 0505.03 Block(s): 119, 123, 124, 138, 139, 141, 142, 143, 144, 147, 148, 149, 150, 151, 152, 153, 154, 155, 162, 163, 164, 165, 166, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 189, 190, 201, 202, 203, 204, 205B, 207, 208, 209, 210, 213, 214B, 215C, 220B, 221B, 221C, 222, 225B Tract: 0505.09 Block(s): 201B VTD: 0032 544B (Part) Tract: 0505.02 Block(s): 134A, 134B Tract: 0505.07 Block(s): 101A, 101B, 102A, 201, 202, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 306, 307, 308, 309, 310, 311, 701, 702A, 702B, 702C, 703, 704, 705A, 705B, 705C, 705D, 706, 707, 708 VTD: 0033 544C VTD: 0055 407D VTD: 0067 404B"

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

708

JOURNAL OF THE HOUSE,

Y Abernathy Y Adams N Aiken N Alford N Ashe N Atkins Y Baker N Balkcom
Barfoot N Bargeron Y Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick N Branch N Breedlove
Y Brooks N Brown N Brush Y Buck Y Buckner Y Byrd N Campbell N Canty Y Carrell Y Carter N Cauthorn
Chafin Chamhless Y Cheeks Y Childers

N Clark.E N Clark.L N Coker Y Coleman
Colwell N Connell Y Culbreth Y Cummings.B N Cummings.M N Davis.D
Davis.G N Davis.M Y Dixon.H N Dixon.S N Dobbs
Dover Y Dunn
Y Edwards N Elliott N Felton Y Fennel Y Floyd.J.M N Floyd.J.W Y Flynt
N Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover N Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

N Heard Y Henson N Herbert Y Holland
Holmes N Howard Y Hudson N Irwin Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore
King N Kingston N Klein
NLadd Y Lane.D Y Lane.R N Langford N Lawrence Y Lawson YLee YLong
Lord N Lucas N Mann N Martin N McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt
Milam

Y Mills Y Mobley
Moody Y Morsberger N Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock
Y Padgett Y Parham Y Parrish
Patten
N Pelote N Perry
Pettit N Pinholster Y Pinkston
Y Poag Porter
Y Poston Powell.A
Y Powell.C N Presley Y Purcell Y Randall
Ray Reaves Redding
Y Ricketson Y Royal N Selman N Sherrill
Y Simpson Sinkfield

Y Skipper Smith.L
N Smith.P Y Smith.T N Smith, W Y Smyre
Snow Y Stancil.F N Stancil.S N Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert N Townsend
Y Turnquest Twiggs
Y Valenti N Vaughan Y Walker,,!
Y Walker.L Y Wall Y Watson Y Watts N White N Wilder N Williams.B
Williams,.! N Williams.R N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 88, nays 64. The amendment was adopted.

The following amendment was read:

Representative Ray of the 98th moves to amend the Committee substitute to HB 1337 by striking in their entireties the descriptions of District 3, District 5, District 7, District 8, District 10, District 11, District 98, and District 125 and inserting in lieu thereof, respectively, the following:
"District: 3
MACON COUNTY CRAWFORD COUNTY
VTD: 0002 2 VTD: 001B IB CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801. Block(s): 119, 120, 123, 124, 203, 204, 215A, 215B, 215C, 215D, 215E, 223A, 223B, 264A, 265A, 266A, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 310, 311, 312, 313, 314, 315, 316, 317, 318, 324A, 327, 328, 364, 365, 366, 367
Tract: 9802. Block(s): 179A, 179B, 180, 197A, 197B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306,

TUESDAY, FEBRUARY 11, 1992 ,

709

307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412B, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 453, 454A, 454B, 454C Tract: 9803. Block(s): 305, 306, 309, 310, 311, 327, 351, 352, 353, 354, 357, 358, 359, 360 Tract: 9804. Block(s): 303, 304, 305, 306, 312, 313, 314, 315, 316, 317, 322, 323, 324, 325, 326, 327, 331, 332, 333, 334, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 221A, 222A, 226A, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 244, 245, 246, 247, 249, 250, 251, 252, 253, 313A, 314, 315, 334, 336, 337, 338, 339, 340, 341A, 343A, 344A, 345A, 347, 348, 389, 390, 391, 392, 393, 394, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 423, 424, 425, 426A, 427, 428, 429A, 429B, 430, 431, 432, 440A, 440B, 441, 442, 443A, 443B, 444, 445, 446, 447, 448, 449A, 449B, 450A, 450B, 451A, 451B, 452, 453, 454, 455, 456, 522, 570, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 579, 580A, 581, 583 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 279, 283, 293, 294, 295, 296, 297 Tract: 9703. Block(s): 335, 352, 353, 354, 356, 357, 358 VTD: 0007 DOOLING 640 (Part) Tract: 9702. Block(s): 278 PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3 SCHLEY COUNTY VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 148, 149, 150, 151, 152, 153A, 153B, 153C, 154, 181, 182, 183A, 183B, 184, 185, 193, 197, 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 208, 242, 243, 255 Tract: 9602. Block(s): 105, 106, 180 TAYLOR COUNTY VTD: 0002 2 VTD: 0007 7 (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 161, 163, 164, 165, 166, 167, 168, 169, 170, 171, 185, 229A, 230A, 231, 232A"
"District: 5
MARION COUNTY CHATTAHOOCHEE COUNTY

710

JOURNAL OF THE HOUSE,

SCHLEY COUNTY VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 178B, 179, 180A, 180B, 186, 187, 188, 189, 190, 191, 192, 194, 195A, 195B, 196, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217A, 217B, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 256, 257A, 257B, 258A, 258B, 259A, 259B, 260, 261, 262A, 262B, 263 Tract: 9602. Block(s): 101, 102, 103, 104, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
TALBOT COUNTY VTD: 3001 BOX SPRINGS VTD: 3002 FLINT HILL (Part) Tract: 9601.98 Block(s): 215, 229, 230, 231, 232, 233, 234, 235, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282 VTD: 3003 GENEVA VTD: 3004 JUNCTION CITY VTD: 3005 ONEALS VTD: 3006 PRATTSBURG VTD: 3007 TALBOTTON VTD: 3008 VALLEY
TAYLOR COUNTY VTD: 0001 1 VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 0006 6 VTD: 0007 7 (Part) Tract: 9501.
Block(s): 172, 173, 174
Tract: 9502.
Block(s): 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146,
147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158A,
158B, 159, 160A, 160B, 162, 172, 173, 174A, 174B, 175, 176A,
176B, 177, 178, 179, 180, 181, 182, 183, 184, 201, 202, 203,
204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216,
217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228,
229B, 230B, 232B, 233, 234, 235, 236, 237A, 237B, 238, 239,
240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252,
253, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 262, 263,
268, 269, 270, 271, 275, 294, 295, 296, 297

TUESDAY, FEBRUARY 11, 1992

711

Tract: 9503. Block(s): 101, 102, 104, 107, 108
VTD: 0008 8 VTD: 0009 9"
"District: 7
BIBB COUNTY VTD: 0045 WA 01 (Part) Tract: 0136.01 Block(s): 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424 Tract: 0136.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 414, 504, 505, 506, 507, 508, 509, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610 VTD: 0048 HAZARD 04
CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A
HOUSTON COUNTY VTD: 0003 MSSH (Part) Tract: 0202. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119 VTD: 0007 PKWD (Part) Tract: 0201.01 Block(s): 224A, 224B, 225, 226 Tract: 0202. Block(s): 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202A, 202B, 202C, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303A, 303B, 303C, 304, 305, 306, 307, 308, 309, 310, 401A, 401B, 401C, 401D, 401E, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405A, 405B, 406A, 406B, 406C, 407, 409, 410A, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 425C, 425D, 426A, 426B Tract: 0209. Block(s): 105, 108, 109, 110, 111, 114, 115, 116, 117, 118, 301, 401, 402, 403, 404, 405 VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02 Block(s): 401A, 401D, 401H, 401J, 402, 403, 404, 409, 410, 414, 420, 421, 422A, 422B, 423, 425 VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B', 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 217, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 221, 222A, 222B, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309,

712

JOURNAL OF THE HOUSE,

310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408A, 408B, 408C, 409, 410, 411A, 411B, 412 Tract: 0201.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 Tract: 0202. Block(s): 408 PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON
District: 8
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 240B, 241B Tract: 0207. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 201A, 201B, 202, 203B, 204A, 204B, 204C, 301, 302, 303, 304, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 Tract: 0208. Block(s): 201, 301, 401, 402, 901C Tract: 0211.01 Block(s): 101A, 101B, 114A, 114B, 115A, 115B VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 305, 306A, 308A, 311, 312, 313A, 314, 315, 316, 317, 318, 319 Tract: 0203. Block(s): 303, 304, 305, 306, 307, 311, 312, 313, 314 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 101A, 101B, 102B, 110, 111, 112, 114A, 114B, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 113B, 114B Tract: 0206. Block(s): 102A, 102C, 102D, 102E, 103, 202D, 202E, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 902, 903, 904, 905, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B VTD: 0010 UII (Part) Tract: 0211.01 Block(s): 113B Tract: 0211.02 Block(s): 102, 103, 104, 105, 106A, 106B, 106C, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B, 117, 134, 135, 136, 137, 138, 142, 143 Tract: 0211.03 Block(s): 201, 203A, 203B, 205, 206, 207, 208, 209, 210, 214 VTD: 0011 10TH

TUESDAY, FEBRUARY 11, 1992

713

VTD: 0014 N13 VTD: 0015 12TH VTD: 0016 TOWN"
"District: 10
PULASKI COUNTY CRISP COUNTY
VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122,
125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 149, 150, 156, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 201, 202, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 216A, 216B, 217, 218, 219, 220,
221, 222A, 222B, 222C, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251,
252A, 252B, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 264B, 265B, 266B, 309A, 309B, 319, 320, 321,
322, 323A, 323B, 324B, 325, 326, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360,
361, 362, 363 Tract: 9802.
Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 175, 176, 177, 178, 179C, 181, 182A, 182B, 182C, 183, 184, 185, 186, 187, 193, 194, 195, 196A, 196B, 328, 412A, 412C, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 454D, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619
Tract: 9803. Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271, 301, 302, 303, 304, 307, 308, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 355, 356, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370
Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116B, 117A, 117B, 118A, 118B,

714

JOURNAL OF THE HOUSE,

119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 301, 302, 307, 308, 309, 310, 311, 318, 319, 320, 321, 328, 329, 330, 335, 336, 337, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417, 418A, 418B, 430, 431, 432, 433, 434, 435, 436, 437,
438, 439, 440, 441, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510,
511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B,
528C, 528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544 Tract: 9805.
Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120
VTD: 0002 LISTONIA VTD: 0003 HATLEY
VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY
DOOLY COUNTY
VTD: 0001 VIENNA 535 (Part) Tract: 9703.
Block(s): 166, 167, 168, 169, 170, 218, 219, 221B, 222B, 223, 224A,
224B, 225, 226B, 238, 239, 240, 241, 242, 243, 248, 254, 255,
311, 313B, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 341B, 342, 343B, 344B,
345B, 346, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 401, 402, 403,
414, 415, 416, 417, 418, 419, 420, 421, 422, 426B, 433, 434,
435, 436, 437, 438, 439, 509, 510, 511, 512, 513, 514, 515A, 515B, 516, 517, 518, 519, 520, 521, 523A, 523B, 524A, 524B,
525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 571, 580B, 582, 584, 585, 586, 587, 588, 589 VTD: 0002 SIXTH 1012 VTD: 0003 THIRD 516
VTD: 0004 DRAYTON 633 (Part)
Tract: 9702. Block(s): 280, 281, 282, 284
Tract: 9703.
Block(s): 355, 359, 360, 361, 362, 363, 364, 365, 366, 367, 381, 386, 387, 388, 395, 396, 397
VTD: 0005 FINDLAY 1552 VTD: 0006 BYROMVILLE 585
VTD: 0007 DOOLING 640 (Part) Tract: 9702.
Block(s): 202A, 202B, 209A, 209B, 210A, 210B, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 222A, 222B,
223, 224, 225, 226, 227, 268, 269, 270, 271, 272, 273, 275, 277

TUESDAY, FEBRUARY 11, 1992

715

VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671 HOUSTON COUNTY VTD: 0003 MSSH (Part)
Tract: 0201.03 Block(s): 301A, 302, 303, 304, 306B, 308B, 309, 310, 313B
VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0206. Block(s): 101, 102B, 201, 202A, 202B, 202C, 203
VTD: 0008 NSJH (Part) Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 224, 225, 226, 227, 228, 229, 230, 231
VTD: 0009 LII VTD: 0010 UII (Part)
Tract: 0211.02 Block(s): 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 139, 140, 141, 301, 304
Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 202, 204, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345
VTD: 0012 CENT (Part) Tract: 0201.02 Block(s): 114, 115, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218
District: 11
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235, 236, 237, 238, 239, 240A, 241A, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 203A, 203C, 203D, 205A, 205B, 205C, 206, 207, 208A, 208B, 305, 306, 307A, 307B, 308A, 308C, 401, 402, 403, 404, 405, 406, 407, 408, 409, 412, 413, 414, 415, 416, 417, 418 Tract: 0208. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 901A, 901B Tract: 0211.01 Block(s): 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110 VTD: 0002 MILL VTD: 0003 MSSH (Part) Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 308, 309, 310, 315, 401, 402, 403, 404, 405, 406, 407, 408, 409,

716

JOURNAL OF THE HOUSE,

410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429 VTD: 0004 RECR (Part) Tract: 0203. Block(s): 102A, 103, 104, 105, 106, 107, 108, 109, 113 Tract: 0204. Block(s): 125, 126, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 113A, 114A, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121 VTD: 0006 RUSS VTD: 0008 NSJH (Part) Tract: 0201.02 Block(s): 301A, 301B, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 307A, 307B, 307C, 308, 309A, 309B, 401B, 401C, 401E, 401F, 401G, 405, 406, 407, 408, 411, 412, 413, 415, 416, 417, 418, 419, 424, 426, 427, 428 VTD: 0010 UII (Part) Tract: 0211.02 Block(s): 101A, 101B, 106D, 106E, 116A, 116B VTD: 0013 ANNX VTD: 0017 WRJH"
"District: 98
BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0009 EM09 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0015 GODFREY 06 VTD: 0016 GODFREY 07 VTD: 0017 GODFREY 08 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0024 HO 01 (Part) Tract: 0121. Block(s): 102B, 202, 203, 204, 205, 206, 207A, 207B, 207C, 210A, 210B, 213A, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Tract: 0134.97 Block(s): 108A, 109, 110, 111, 112, 113, 114 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05

TUESDAY, FEBRUARY 11, 1992

717

VXD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0043 MACON 02 VTD: 0044 MACON 01"
"District: 125
BIBB COUNTY VTD: 0007 EM07 VTD: 0014 GODFREY 05 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 (Part) Tract: 0132.01 Block(s): HOB, 111, 112, 113, 114, 115B, 116, 117, 118B, 119B, 119C, 120B, 121C, 121D, 123, 124, 201B, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211A, 211B, 212A, 212B Tract: 0132.02 Block(s): 102B, 102D, 103A, 103B, 113A, 113B, 113C, 113D, 114A, 114B Tract: 0134.97 Block(s): 122 Tract: 0136.01 Block(s): 201, 202, 203, 205, 206, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0136.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110A, HOB, 111A, 111B, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 122 VTD: 0024 HO 01 (Part) Tract: 0121. Block(s): 102A Tract: 0134.97 Block(s): 208A, 209A, 210A, 216A, 217A, 220 VTD: 0025 HO 02 (Part) Tract: 0121. Block(s): 102C, 102D, 102E, 103, 207D, 208, 209, 210C, 211, 212, 213B, 223B Tract: 0122. Block(s): 226 Tract: 0132.01 Block(s): 101B, 121E Tract: 0134.97 Block(s): 101, 102, 103, 104, 105, 106, 107, 108B, 115, 116, 117, 118, 119, 120, 121, 123, 206D, 207, 208B, 209B, 210B, 211, 212, 213, 214, 215, 216B, 217B, 218, 219, 304B, 305, 308, 309, 310, 317, 318, 319, 320, 321

718

JOURNAL OF THE HOUSE,

VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0045 WA 01 (Part)
Tract: 0136.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 219, 220, 221, 501, 502, 503, 510, 511, 512
VTD: 0046 WA 02 VTD: 0047 HAZARD 02"

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

N Abernathy
Y Adams Y Aiken N Alford Y Ashe Y Atkins N Baker N Balkcom N Barfoot Y Bargeron N Barnett.B Y Barnett.M
N Bates Y Beatty N Benefield
Birdsong Y Blitch N Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown N Brush N Buck N Buckner NByrd
Campbell N Canty N Carrell
Carter N Cauthorn
Chafin N Chambless Y Cheeks N Childers

N Clark.E Y Clark.L Y Coker N Coleman
Colwell
N Connell N Culbreth Y Cummings,B Y Cummings.M Y Davis.D
Davis.G Y Davis.M N Dixon.H N Dixon.S Y Dobbs N Dover
N Dunn N Edwards N Elliott
Felton N Fennel
N Floyd.J.M N Floyd.J.W N Flynt Y Godbee N Golden Y Goodwin
E Green Y Greene Y Griffin N Groover
Hamilton N Hammond N Manner
Harris,B N Harris,J

Y Heard N Henson Y Herbert
N Holland Holmes
N Howard Y Hudson N Irwin
N Jackson Jamieson Jenkins
Y Jones N Kilgore
King Y Kingston N Klein YLadd Y Lane.D
Y Lane.R N Langford Y Lawrence Y Lawson
NLee YLong
Lord N Lucas YMann N Martin N McBee N McCoy N McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam

N Mills
Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M NOrr Y Orrock N Padgett N Parham N Parrish
Patten N Pelote N Perry N Pettit Y Pinholster
Pinkston YPoag N Porter N Poston
Powell.A Y Powell.C Y Presley N Purcell N Randall YRay
Reaves Redding N Ricketson Royal Y Selman N Sherrill
N Simpson N Sinkfield

N Skipper Y Smith.L Y Smith.P N Smith.T
Smith.W
N Smyre Snow
N Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor N Teper N Thomas.C Y Thomas.M N Thomas.N N Thurmond Y Titus Y Tolbert
Townsend
N Turnquest Twiggs
N Valenti
Y Vaughan N Walker.J N Walker.L N Wall N Watson N Watts Y White Y Wilder
Williams.B Williams.J N Williams.R Y Yeargin Murphy ,Spkr

On the adoption of the amendment, the ayes were 63, nays 86. The amendment was lost.

The following amendment was read:

Representative White of the 132nd, et al. move to amend the Committee substitute to HB 1337 by striking in their entireties the descriptions of District 1 and District 4 and inserting in lieu thereof, respectively, the following:
"District: 1
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 221, 236, 237, 238, 239, 240A, 241A, 242, 243, 244, 245, 246

TUESDAY, FEBRUARY 11, 1992

719

Tract: 0207. Block(s): 101A, 102, 103, 104, 105, 106, 107, 110, 301, 303, 304, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 414, 415, 416, 417, 418
Tract: 0208. Block(s): 102, 103, 107, 108, 109
Tract: 0211.01 Block(s): 106
VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 305, 306A, 306B, 308A, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319 Tract: 0202. Block(s): 101 Tract: 0203. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
VTD: 0004 RECR (Part) Tract: 0203. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 115, 116, 301 Tract: 0204. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126, 208, 209, 211, 214, 215, 903, 905, 906 Tract: 0205. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113A, 114A, 115, 116, 117, 201, 202, 203, 211, 212, 213, 214, 215, 216
VTD: 0007 PKWD (Part) Tract: 0202. Block(s): 402A, 402B, 403A, 404A, 405A, 406B
VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 118A, 118B Tract: 0201.02 Block(s): 224, 225, 226, 301B, 301C, 305, 307A, 307C, 308, 410, 413, 416, 421, 422A, 422B, 423, 424, 425
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221, 222A, 222B, 313, 314, 410, 411A, 411B, 412 Tract: 0202. Block(s): 408
VTD: 0014 N13
VTD: 0016 TOWN (Part)
Tract: 0212.
Block(s): 304A, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 503, 504, 505, 506, 507, 508, 509, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 712, 713, 714, 715, 716, 717
Tract: 0213.
Block(s): 107, 110, 111, 112, 113A, 113B, 113C, 114, 115A, 115B, 115C, 115D, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128,

720

JOURNAL OF THE HOUSE,

129A, 129B, 129C, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 311D, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 428A, 428B, 429A, 429B, 430A, 430B, 431, 432 Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 120A, 120B, 121, 204, 314, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509 MACON COUNTY VTD: 0002 MARSHALLVILLE VTD: 0004 MONTEZUMA TWO (Part) Tract: 9804. Block(s): 122, 147, 148, 149, 150, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 169, 170, 171, 172, 173 PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3 VTD: 0020 BYRON (Part) Tract: 0401. Block(s): 314, 318, 319, 320"
"District: 4
TALBOT COUNTY CRAWFORD COUNTY
VTD: 0002 2 VTD: 001B IB CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801. Block(s): 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 215C, 215D, 215E, 223A, 223B, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 264A, 264B, 265A, 265B, 266A, 266B, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 324A, 327, 328, 341, 342, 353, 354, 355, 364, 365, 366, 367
Tract: 9802. Block(s): 173A, 173C, 173G, 174A, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 196A, 196B, 197A, 197B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 437, 442, 453, 454A, 454B, 454C, 454D
Tract: 9803.

TUESDAY, FEBRUARY 11, 1992

721

Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 370
Tract: 9804. Block(s): 208, 209, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 340, 341A, 341B, 418A, 418B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441
DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671
MACON COUNTY VTD: 0001 MONTEZUMA ONE VTD: 0003 IDEAL VTD: 0004 MONTEZUMA TWO (Part) Tract: 9804. Block(s): 145, 146, 166, 167, 168, 174, 175, 176, 177, 183, 204, 205, 206, 207, 208, 209, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 232, 233, 234, 235, 236, 237, 238, 239, 240, 401, 402, 403A, 403B, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 427, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 442, 445, 446, 501, 502, 503, 504, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637B, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667 VTD: 0005 OSLETHORPE
TAYLOR COUNTY VTD: 0001 1 (Part) Tract: 9502. Block(s): 273, 274, 276, 277 Tract: 9503. Block(s): 110, 111, 112C, 113, 114, 115, 116, 117B, 120B, 121, 122, 123, 124, 131B, 133, 134, 135, 136, 137 VTD: 0002 2 VTD: 0007 7 VTD: 0009 9"

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

Y Abernathy Adams
N Aiken
N Alford
N Ashe N Atkins N Baker N Balkcom N Barfoot
N Bargeron N Barnett.B Y Barnett.M N Bates

N Beatty N Benefield N Birdsong
N Blitch
N Bordeaux N Bostick N Branch N Breedlove Y Brooks
Y Brown N Brush N Buck N Buckner

N Byrd N Campbell Y Canty
N Carrell
N Carter N Cauthorn N Chafin N Chambless
Cheeks
N Childers N Clark.E N Clark.L N Coker

N Coleman Colwell
N Connell
N Culbreth
N Cummings.B Y Cummings.M N Davis.D
Davis.G N Davis.M
N Dixon.H Dixon.S
N Dobbs N Dover

N Dunn N Edwards N Elliott
N Pelton
N Fennel N FloydJ.M N FloydJ.W N Flynt N Godbee
N Golden Y Goodwin E Green N Greene

722

JOURNAL OF THE HOUSE,

N Griffin N Groover N Hamilton N Hammond N Manner N Harris.B N Harris.J
Heard N Henson N Herbert N Holland
Holmes N Howard N Hudson N Irwin N Jackson N Jarnieson N Jenkins N Jones
Kilgore N King N Kingston N Klein

NLadd N Lane.D N Lane.R N Langford N Lawrence N Lawson NLee N Long
Lord
N Lucas N Mann N Martin
N McBee
N McCoy N McKelvey
N McKinney.B
Y McKinney.C Y Meadows N Merritt
Milam
N Mills N Mobley N Moody

Y Morsberger N Moultrie
N Mueller
N Oliver.C
N Oliver.M
N Orr N Orrock N Padgett N Parham N Parrish
Patten Pelote
N Perry N Pettit N Pinholster N Pinkston NPoag N Porter
N Poston N Powell.A
Powell.C N Presley N Purcell

N Randall
NRay
N Reaves
Redding N Ricketson N Royal N Selman N Sherrill
N Simpson N Sinkfield N Skipper N Smith.L N Smith,?
N Smith.T N Smith, W
N Smyre
Snow N Stancil.F N Stancil.S N Stanley N Streat N Taylor N Teper

N Thomas.C N Thomas.M N Thomas, N N Thurmond
N Titus N Tolbert N Townsend N Turnquest
Twiggs
N Valenti
N Vaughan N Walker.J
N Walker.L
N Wall
N Watson N Watts
Y White N Wilder N Williams.B
Williams.J
N Williams.R
N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 11, nays 150. The amendment was lost.

Representative Felton of the 22nd moved that the House reconsider its action in adopting the Wall amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins N Baker Y Balkcom
Y Barfoot N Bargeron
Barnett.B Y Barnett.M N Bates N Beatty N Benefield N Birdsong N Blitch Y Bordeaux N Bostick N Branch
Y Breedlove N Brooks N Brown
Y Brush N Buck N Buckner NByrd
Campbell Y Canty N Carrell N Carter Y Cauthorn
Chafin
Chambless Cheeks N Childers

Y Clark.E N Clark.L Y Coker N Coleman
Colwell N Connell
N Culbrtth
Y Cummings.B N Cummings,M Y Davis.D
Davis.G Y Davis.M N Dixon.H
N Dixon.S N Dobbs
Dover
N Dunn N Edwards
Y Elliott Y Felton
Fennel
N Floyd.J.M
N Floyd.J.W
N Flynt
N Godbee
N Golden N Goodwin
E Green N Greene Y Griffin N Groover
N Hamilton
N Hammond Hanner Harris.B
N Harris.J

Y Heard N Henson Y Herbert N Holland
Holmes
N Howard
N Hudson
N Irwin N Jackson Y Jamieson N Jenkins Y Jones N Kilgore
King
N Kingston Y Klein YLadd N Lane.D N Lane.R Y Langford
Y Lawrence
N Lawson
N Lee
N Long
Lord
N Lucas
Y Mann
Y Martin
N McBee
N McCoy
N McKelvey
N McKinney.B
N McKinney.C Y Meadows N Merritt
Milam

On the motion, the ayes were 55, nays 101. The motion was lost.

N Mills N Mobley N Moody N Morsberger
Y Moultrie
Y Mueller N Oliver.C N Oliver.M
YOrr
N Orrock N Padgett N Parham N Parrish
Patten
N Pelote
Y Perry
Y Pettit
Y Pinholster
N Pinkston
NPoag Y Porter N Poston N Powell.A N Powell.C
Y Presley N Purcell N Randall
Y Ray N Reaves
Redding Y Ricketson
N Royal Y Selman N Sherrill N Simpson
Sinkfield

N Skipper N Smith.L Y Smith.P N Smith.T Y Smith.W
N Smyre Snow
Y Stancil.F
Y Stancil.S Stanley
N Streat N Taylor N Teper N Thomas.C N Thomas.M
N Thomas.N
N Thurmond Y Titus Y Tolbert Y Townsend
N Turnquest
Twiggs N Valenti Y Vaughan
N Walker.J
N Walker.L N Wall
N Watson N Watts Y White Y Wilder Y Williams.B
Williams.J
Y Williams.R
N Yeargin
Murphy, Spkr

TUESDAY, FEBRUARY 11, 1992

723

The following amendment was read and withdrawn:

Representative White of the 132nd, et al. move to amend the Committee substitute to HB 1337 by striking in their entireties the descriptions of District 10, District 22, and District 132 and inserting in lieu thereof, respectively, the following:
"District: 10
STEWART COUNTY WEBSTER COUNTY LEE COUNTY
VTD: 0001 CHOKEE VTD: 0006 SMITHSVILLE MARION COUNTY VTD: 0005 BUENA VISTA VTD: 0010 DRANEVILLE (Part)
Tract: 9802. Block(s): 269, 270, 271, 272, 273, 276, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 291, 292, 294, 342
SUMTER COUNTY VTD: 0005 LESLIE 15 VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 115A, 115B, 115C, 115D, 116A, 116B, 117A, 118A, 118B, 118C, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 125, 126, 141A, 141B, 141C, 141D, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 148A, I486, 148C, 149B, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 301D, 303A, 303B, 304, 305, 306, 310, 425, 426, 427, 428 Tract: 9503. Block(s): 135A, 135B, 135C, 135D, 136, 137A, 137B, 138, 139A, 139B, 140A, 140B, 141, 142A, 142B, 143, 144, 215C, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 514A, 519A, 520A, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 538, 539, 540, 541, 542 Tract: 9504. Block(s): 319, 320 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 115, 116, 117, 118, 119, 127, 128, 201, 202, 203, 204A, 209, 210, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217A, 217B, 218, 220, 221, 222, 227, 228, 230, 231, 232A, 232B, 233A, 233C, 234, 235, 236, 237, 238, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 326B, 327, 328, 329, 331, 332, 333

724

JOURNAL OF THE HOUSE,

Tract: 9506. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 320, 321, 326, 327, 328
Tract: 9507. Block(s): 104, 115, 116, 117, 118, 125, 126, 201C, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 207B, 220A, 220B, 220C, 220D, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 418, 419, 420, 421, 422, 423, 424, 425, 427, 432, 435
TERRELL COUNTY VTD: 0003 BRONWOOD"
"District: 22
QUITMAN COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY BAKER COUNTY
VTD: 0001 ANNA VTD: 0003 HOGGARDS MILL VTD: 0004 MILFORD MITCHELL COUNTY VTD: 0010 CAMILLA NORTH (Part)
Tract: 9803. Block(s): 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 169, 170, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 220, 221, 337A, 339A, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350
Tract: 9804. Block(s): 417, 418, 419, 426, 427, 428, 429, 430, 431B, 461, 481, 482, 483
VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 165, 166, 167 Tract: 9804. Block(s): 201, 202, 203, 204, 205, 206, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 245, 246A, 246B, 301, 302, 303, 304, 305A, 305B, 306, 323B, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 434, 436, 437, 456, 459A, 462 Tract: 9806. Block(s): 101, 102, 103, 104, 301
VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0040 PELHAM (Part)
Tract: 9806. Block(s): 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201A, 201B,

TUESDAY, FEBRUARY 11, 1992

725

202, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 210, 211A, 211B, 212, 213, 214, 215, 216A, 216B, 217, 218, 302 Tract: 9807. Block(s): 165, 166, 167, 168, 169, 170 TERRELL COUNTY VTD: 0001 DAWSON PRECINCT ONE VTD: 0002 DAWSON PRECINCT TWO VTD: 0004 SASSER"
"District: 132
BAKER COUNTY VTD: 0002 ELMODEL VTD: 0005 NEWTON
DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0014 CARVER TEEN CENTER VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL (Part) Tract: 0008. Block(s): 301, 302, 303, 304, 305, 306, 307, 401, 402, 403, 404, 405, 406 VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER (Part) Tract: 0109. Block(s): 208, 215, 216, 217, 218, 219, 220, 224, 225, 226, 227, 228, 229 Tract: 0110. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240"

The following amendment was read:

Representatives McKinney of the 40th and Brooks of the 34th move to amend the Committee substitute to HB 1337 by striking in their entireties the descriptions of District 1 through District 180, and inserting in lieu thereof, respectively, the following:
"District: 1
DOOLY COUNTY VTD: 0006 BYROMVILLE 585 VTD: 0009 UNADILLA 1466
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 221, 236, 237, 238, 239, 240A, 241A, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 101A, 102, 103, 104, 105, 106, 107, 110, 301, 303, 304, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 414, 415, 416, 417, 418 Tract: 0208.

726

JOURNAL OF THE HOUSE,

Block(s): 102, 103, 107, 108, 109 Tract: 0211.01
Block(s): 106 VTD: 0003 MSSH (Part)
Tract: 0201.03 Block(s): 305, 306A, 306B, 308A, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319
Tract: 0202. Block(s): 101
Tract: 0203. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410
Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
VTD: 0004 RECR (Part) Tract: 0203. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 115, 116, 301 Tract: 0204. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126, 208, 209, 211, 214, 215, 903, 905, 906 Tract: 0205. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113A, 114A, 115, 116, 117, 201, 202, 203, 211, 212, 213, 214, 215, 216
VTD: 0007 PKWD (Part) Tract: 0202. Block(s): 402A, 402B, 403A, 404A, 405A, 406B
VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 118A, 118B Tract: 0201.02 Block(s): 224, 225, 226, 301B, 301C, 305, 307A, 307C, 308, 410, 413, 416, 421, 422A, 422B, 423, 424, 425
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221, 222A, 222B, 313, 314, 410, 411A, 411B, 412 Tract: 0202. Block(s): 408
VTD: 0014 N13 VTD: 0015 12TH (Part)
Tract: 0215.02
Block(s): 164, 204, 205, 211, 212, 213, 214, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 235, 236, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0016 TOWN (Part)
Tract: 0212.
Block(s): 304A, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 503, 504, 505, 506, 507, 508, 509, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 715, 716, 717

TUESDAY, FEBRUARY 11, 1992

727

Tract: 0213. Block(s): 107, 110, 111, 112, 113A, 113B, 113C, 114, 115A, 115C, 115D, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 311D, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 429A, 430A, 430B
Tract: 0214. Blocks): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 120A, 120B, 121, 204, 403, 404, 405A, 405B, 406A, 406B, 508, 509
PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3 VTD: 0020 BYRON (Part) Tract: 0401. Block(s): 314, 318, 319, 320
District: 2
BUTTS COUNTY VTD: 0003 ARMORY (Part) Tract: 1501. Block(s): 377, 378, 379, 381, 402B, 403, 404B, 405, 406, 413, 414, 422 Tract: 1502. Block(s): 304, 305, 306, 307, 309, 310, 311, 312, 313, 314 VTD: 0004 TOWALIGA VTD: 0005 COURTHOUSE VTD: 0006 JENKINSBURG
JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9903. Block(s): 109A, 118A, 123, 124, 125, 126, 127, 132, 133, 134, 135A, 238A, 265A, 265C, 266, 267, 268, 269, 270, 378, 379, 380, 395, 396, 406, 407, 409, 410, 411, 412, 413, 414, 415, 416, 423, 424, 429A, 429B, 430A, 430B, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 445, 446, 447, 448 Tract: 9904. Block(s): 119, 128, 129, 130, 136, 137, 138, 139, 146
MONROE COUNTY VTD: 0001 DISTRICTS 1, 2, 3, 7, 9, 11, AND 12 (Part) Tract: 0501. Block(s): 164, 170, 172, 173, 174, 181A, 181E, 181F, 190A, 192, 193, 194, 195, 196A, 196B, 197, 335, 336, 337, 362A, 362B, 363, 364, 388A, 390, 391, 392, 393, 394 Tract: 0502. Block(s): 144A, 145, 147, 149, 150, 151, 152, 153, 201A, 216, 217, 222, 223, 224, 225, 227, 228, 229, 230, 232, 233, 257, 258, 259, 260, 310, 312A, 312B, 312C, 313, 315, 316, 317, 318, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 336C, 339, 340, 341A, 341B, 341C, 341D, 341E, 342A, 342B, 343, 344, 345, 346, 347, 349, 350, 351, 352, 353, 354, 356, 357, 358, 359A, 359B, 360, 361A, 361B, 361C, 362A, 362B, 362C, 363A, 363B, 363C, 364, 365A, 365B, 374A, 374B, 375, 376A, 376B, 377, 378

728

JOURNAL OF THE HOUSE,

VTD: 0004 CABANISS SPALDING COUNTY
VTD: 0001 GRIFFIN ONE VTD: 0002 GRIFFIN TWO VTD: 0005 GRIFFIN FIVE (Part)
Tract: 1604. Block(s): 113B, 120B, 201B, 203, 204, 205, 206, 207, 208, 209, 210, 211, 234, 249, 250, 251B
Tract: 1608. Block(s): 408
VTD: 0006 GRIFFIN SIX VTD: 0010 CABIN (Part)
Tract: 1602. Block(s): 212, 213, 214, 215, 216, 235, 237, 238, 239, 242
Tract: 1608. Block(s): 101, 102, 103, 105, 106, 107, 108B
Tract: 1610. Block(s): 101, 102, 105, 110, 111, 112, 115, 116, 118, 119, 120, 123, 125, 126, 127
VTD: 0012 EXPERIMENT
District: 3
TALIAFERRO COUNTY GREENE COUNTY
VTD: 0001 GREENSBORO VTD: 0003 WOODVILLE VTD: 0004 UNIONPOINT VTD: 0005 SILOAM VTD: 0006 WHITE PLAINS VTD: 0007 LIBERTY MCDUFFIE COUNTY VTD: 0001 THOMSON (Part)
Tract: 9501. Block(s): 272, 280, 281, 282, 283, 284, 285, 286, 291, 292, 293
Tract: 9502.
Block(s): 108, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119A, 119B, 119C, 120A, 120B, 121A, 121B, 121C, 122A, 122B, 122C, 122D, 123A, 123B, 124A, 124B, 124C, 125A, 125B, 125C, 126A, 126B, 126C, 127A, 127B, 127C, 128, 129A, 129B, 130A, 130B, 208A, 224, 225, 226, 227, 228, 229, 306, 307, 308, 309, 310A, 310B, 311A, 311B, 311C, 311D, 312, 313A, 313B, 313C, 313D, 314A, 314B, 315, 319B, 320, 321, 322, 401, 402, 405A, 406A, 406B, 407, 408, 409, 410, 411, 412, 413A, 418, 424, 425, 426, 427A, 427B, 428, 429, 430, 501, 502, 503, 504, 512
Tract: 9503.
Block(s): 101, 112, 113, 114, 115, 116, 117, 118A, 118B, 119A, 119B, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 240, 241, 242A, 242B, 243A, 243B, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256A, 256B, 258, 259, 260A, 260B, 261A, 261B, 308, 321B, 331B, 332, 334
Tract: 9504.
Block(s): 107, 108, 109, 110, 111, 112, 113, 117, 118, 119, 120, 121, 203, 204, 205, 207, 209, 215A, 215B, 216, 217, 218A, 219A, 219B,

TUESDAY, FEBRUARY 11, 1992

729

227, 245, 246, 247, 248, 249, 250, 251, 252, 253, 402B, 406A, 406B, 406C, 407A, 407B, 408A, 408B, 408C, 409C, 410 MORGAN COUNTY VTD: 0001 MADISON CITY VTD: 0002 BUCKHEAD (Part) Tract: 9804. Block(s): 119A, 119B, 120A, 120B, 135, 136, 138, 139, 140, 141B, 142, 150, 151, 152, 153, 155, 156, 157, 161, 162, 163, 164, 165, 183, 189, 190, 191, 192, 193, 194 OGLETHORPE COUNTY VTD: 0009 WOODSTOCK PUTNAM COUNTY VTD: 1701 1 VTD: 1702 2 VTD: 1703 3 (Part) Tract: 9601. Block(s): 101, 103, 104, 105, 106, 107 Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 132, 140, 141, 142, 144, 243, 244B, 245B, 315 WARREN COUNTY VTD: 0002 CAMAK VTD: 0003 NORWOOD WILKES COUNTY VTD: 0001 1 VTD: 0004 3A
District: 4
TALBOT COUNTY MACON COUNTY CRISP COUNTY
VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 215C, 215D, 215E, 223A, 223B, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 264A, 264B, 265A, 265B, 266A, 266B, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 324A, 327, 328, 341, 342, 353, 354, 355, 364, 365, 366, 367 Tract: 9802. Block(s): 173A, 173C, 173G, 174A, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 196A, 196B, 197A, 197B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 437, 442, 453, 454A, 454B, 454C, 454D Tract: 9803.

730

JOURNAL OF THE HOUSE,

Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 370
Tract: 9804. Block(s): 208, 209, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 340, 341A, 341B, 418A, 418B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441
DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0007 DOOLING 640 VTD: 0008 PINEHURST 1479 VTD: 0010 LILLY 1671
TAYLOR COUNTY VTD: 0001 1 VTD: 0002 2 VTD: 0007 7 VTD: 0009 9
District: 5
BROOKS COUNTY VTD: 0002 BRIGGS (Part) Tract: 9903. Block(s): 221, 222, 225, 226, 227, 228, 229, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277 Tract: 9904. Block(s): 101, 102, 130, 131, 132, 133, 134, 135, 136, 137 Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128, 129 VTD: 0003 DIXIE VTD: 0004 DRY LAKE VTD: 0005 GROOVERVILLE VTD: 0007 MORVEN (Part) Tract: 9903. Block(s): 104, 105, 126A, 127, 128, 129A, 140, 141A, 141B, 142A, 143, 144, 145, 146, 147, 149A, 150A, 151A, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183A, 183B, 184A 185A, 187A, 187B, 188A, 188B, 189, 190, 191, 192, 193, 194, 195, 196, 197, 202, 203, 204, 205, 206, 220, 224 VTD: 0009 QUITMAN
LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part) Tract: 0105. Block(s): 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 134, 135 Tract: 0109.

TUESDAY, FEBRUARY 11, 1992

731

Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127, 140, 141, 142, 143, 144, 145
Tract: 0110. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 211, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450
VTD: 0007 LOMAX-PINEVALE VTD: 0012 FIRST CHRISTIAN CHURCH (Part)
Tract: 0105. Block(s): 130, 131, 132, 133
VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0105. Block(s): 102, 129 Tract: 0106. Block(s): 304A, 305, 306, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417 Tract: 0108. Block(s): 204B, 207, 401B, 434B, 436B
VTD: 0015 AZALEA CITY CHURCH OF GOD (Part) Tract: 0109. Block(s): 337A, 337B, 338, 339, 340, 341, 342A, 342B, 343A, 343B, 344A, 344B, 345, 346A, 346B, 346C Tract: 0113. Block(s): 111B, 116B Tract: 0114. Block(s): 309A, 309B, 309C, 310A, 311, 402A, 402B, 403A, 403B, 403C, 403D, 403E, 403F, 404, 405A, 405B, 405C, 405D, 405E, 405F, 406, 407A, 407B, 408, 409A, 409B, 410, 411, 412, 413A, 413B, 413C, 414A, 414B, 415A, 415B, 416, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 443, 444, 445, 446, 447, 503A, 504A, 505A, 506A
VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 493, 494, 495
VTD: 0019 CRAIG RECREATION CENTER MONROE COUNTY
VTD: 0001 DISTRICTS 1, 2, 3, 7, 9, 11, AND 12 (Part) Tract: 0503.98 Block(s): 178
THOMAS COUNTY VTD: 0003 BOSTON
District: 6
HANCOCK COUNTY
BALDWIN COUNTY
VTD: 0001 MONTPELIER- EAST BALDWIN VTD: 0003 WEST BALDWIN 319 (Part)
Tract: 9705. Block(s): 326D, 344A, 344B, 346C, 346D, 347, 348, 350B

732

JOURNAL OF THE HOUSE,

VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E (Part)
Tract: 9707. Block(s): 217A, 218A, 303A, 304A, 307A, 308, 309, 315, 316, 317, 318, 319, 320, 321, 401A, 402, 416, 418A, 420A, 422, 423, 424, 425
VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9703. Block(s): 230B Tract: 9704. Block(s): 308B, 309A, 310A, 311A, 311B, 312, 313, 314, 315, 316, 317, 318, 319, 324, 325, 428, 429, 507, 508, 509 Tract: 9705. Block(s): 109, 110, 111, 112, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 325A, 326A, 326B, 343A, 345, 346A, 346B, 349, 350A, 351, 352, 353, 354, 355, 356A, 357, 358, 359A, 360, 362A
VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 Tract: 9708. Block(s): 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 231
VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 137, 140 Tract: 9706. Block(s): 107B Tract: 9707. Block(s): 101, 102, 103, 104, 105, 112, 113, 114, 115, 118, 119, 120, 123, 124, 125, 127, 128, 130, 131, 134, 135, 136, 137, 138, 139, 140B, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 301, 304B, 305, 306, 307B, 501C, 537, 540, 541, 542, 543, 545, 546, 547, 550
VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 421, 422, 512
VTD: 0012 FIRST CHRISTIAN CHURCH 320C WARREN COUNTY
VTD: 0001 WARRENTON VTD: 0004 BEALL SPRINGS WASHINGTON COUNTY VTD: 0005 DEEP STEP VTD: 0007 WARTHEN
District: 7
LAURENS COUNTY VTD: 0001 NATIONAL GUARD VTD: 0004 BETHSADIA (Part) Tract: 9502. Block(s): 260, 261, 262, 263 Tract: 9505.

TUESDAY, FEBRUARY 11, 1992

733

Block(s): 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 341, 347B, 348B, 349, 351, 352, 353
Tract: 9508.
Block(s): 301, 302A, 302B, 302C, 303A, 303B, 304A, 304B, 305, 306, 307, 308, 309A, 309B, 309C, 310A, 310B, 311, 312, 319, 321, 322, 329
VTD: 0008 BURGAMY VTD: 0013 HARVARD TWIGGS COUNTY VTD: 0001 BLUFF VTD: 0004 JEFFERSONVILLE VTD: 0011 PEARSON 2 WASHINGTON COUNTY VTD: 0001 OCONEE VTD: 0003 DAVISBORO VTD: 0004 SANDERSVILLE VTD: 0006 RIDDLEVILLE VTD: 0008 TENNILLE WILKINSON COUNTY VTD: 0001 IRWINTON VTD: 0002 BETHEL VTD: 0007 LORD VTD: 0008 MIDWAY VTD: 0009 PASSMORE VTD: 0010 RAMAH VTD: 0011 TURKEY CREEK
District: 8
COWETA COUNTY VTD: 0002 SECOND (MORELAND) VTD: 0014 FIFTH (NEWMAN) VTD: 0015 FIFTEENTH (NEWNAN) VTD: 0017 SEVENTEENTH (NEWNAN)
MERIWETHER COUNTY VTD: 0001 LONE OAK VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0008 GILL TWO VTD: 0010 DURAND VTD: 0011 ODESSADALE-SEVENTH VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH
PIKE COUNTY VTD: 1401 CONCORD
TROUP COUNTY VTD: 0004 LAGRANGE FOUR VTD: 0009 MOUNTVILLE VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS (Part) Tract: 9606. Block(s): 201A, 202, 203, 204, 207, 208, 213, 214A, 215A, 216, 217 Tract: 9607. Block(s): 309, 337, 338
District: 9
MCINTOSH COUNTY

734

JOURNAL OF THE HOUSE,

GLYNN COUNTY VTD: 0002 GLYNCO 1263 (Part) Tract: 0004. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 270, 271, 272, 273, 274, 275, 276, 277, 278, 280, 281, 282, 283, 284, 285, 382, 383, 384, 385, 386, 387, 388, 389, 390 Tract: 0006. Block(s): 201, 204, 205, 206, 501 VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 (Part) Tract: 0005. Block(s): 112B, 113C, 114B, 114C, 115, 116C, 116D, 117, 118C, 118D, 119C, 120B, 122B, 123, 124, 125B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 706, 808, 809, 810, 811, 812, 813, 814, 815, 816 Tract: 0007. Block(s): 101, 102, 103, 104, HOD, 111, 112B, 112C, 126, 127, 128 VTD: 0011 BWK. ARMORY 4153 (Part) Tract: 0007. Block(s): 301, 302A, 303A, 304A, 305, 306, 307, 308A, 308B, 309, 310A, 310B, 311A, 311B, 311C, 312, 313, 319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 440, 441, 442, 443, 444, 509, 510, 527A, 528A, 529A, 714, 715, 716, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 751, 752 Tract: 0008. Block(s): 116, 117, 118, 122, 123, 124, 131, 132, 135, 136, 137, 406, 407, 520 VTD: 0012 JANE MACON 4253 (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109, 110, 111, 112A, 113A, 113B, 114A, 116A, 116B, 118A, 118B, 119A, 119B, 120A, 121, 122A, 125A, 126, 127, 128, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 227, 228, 229, 230, 231, 232, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 317, 510, 511, 512, 513, 514, 515, 516, 520, 521, 522, 523, 817, 818 Tract: 0007.
Block(s): 110A, HOB, HOC, 112A, 114, 115, 116, 117, 118, 119A, 119B, 119C, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210A, 210B, 211, 212, 302B, 303B, 304B, 501, 502, 503, 504, 505, 506, 507, 508, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527B, 528B,529B
VTD: 0013 CITY RECREATION 5153 (Part)
Tract: 0008.
Block(s): 239A, 243, 244, 245, 246, 247, 248, 249, 250, 251, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 526, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549
Tract: 0009.
Block(s): 308, 309, 310, 311, 312, 313, 314, 316, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521,

TUESDAY, FEBRUARY 11, 1992

735

522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 553, 554, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 658, 659, 660, 661, 662, 663, 664 VTD: 0014 ADULT EDUCATION 5253 (Part) Tract: 0005. Block(s): 310, 311, 312, 313, 314, 315, 316, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 0007. Block(s): 801, 802, 803, 804, 805, 806, 807, 815, 816, 817, 818, 819, 820, 821, 822 Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 125, 126, 127, 128, 129, 130, 138, 139, 140, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239B, 240, 241, 242, 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 517, 518, 519, 524, 525 LIBERTY COUNTY VTD: 0001 RICEBORO VTD: 0003 DORCHESTER (Part) Tract: 0105. Block(s): 258B, 259, 260, 261, 262, 263B, 265, 266, 267, 268B, 360, 361, 368, 369, 370, 371, 372, 373, 374, 375, 376 VTD: 0004 WALTHOURVILLE AND FLEMING WEST (Part) Tract: 0102. Block(s): 401A, 401C, 401D, 402, 403, 404A, 404B, 404C, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 508A, 510A, 510B, 511A, 511B, 512, 513, 514, 515, 516, 602, 603A, 603B, 603C, 603D, 604A, 604B, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623A, 623B, 624, 625A, 625B, 625C, 626A, 626B, 627, 628A, 628B, 629, 630, 631, 632A, 632B, 633, 634, 635, 636, 637, 638A, 638B, 639A, 639B, 639C, 639D, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 711, 712C, 712D, 724, 725 Tract: 0104. Block(s): 201D, 203, 220C, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330B, 331, 332, 333, 334, 335B, 335C, 345B, 345C, 348D, 351B, 353B, 354, 355, 356, 357D, 358B, 359B, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383C, 384A, 384B, 385, 386, 387A, 387B, 387C, 387D, 388A, 388B, 389, 390A, 390B, 391A, 391B, 392, 393, 394, 395, 396, 397 VTD: 0008 MCINTOSH
District: 10
STEWART COUNTY WEBSTER COUNTY

736

JOURNAL OF THE HOUSE,

QUITMAN COUNTY LEE COUNTY
VTD: 0001 CHOREE VTD: 0006 SMITHSVILLE MARION COUNTY VTD: 0005 BUENA VISTA VTD: 0010 DRANEVILLE (Part)
Tract: 9802. Block(s): 269, 270, 271, 272, 273, 276, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 291, 292, 294, 342
SUMTER COUNTY VTD: 0005 LESLIE 15 VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 115A, 115B, 115C, 115D, 116A, 116B, 117A, 118A, 118B, 118C, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 125, 126, 141A, 141B, 141C, 141D, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, USA, 148B, 148C, 149B, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 301D, 303A, 303B, 304, 305, 306, 310, 425, 426, 427, 428 Tract: 9503. Block(s): 135A, 135B, 135C, 135D, 136, 137A, 137B, 138, 139A, 139B, 140A, 140B, 141, 142A, 142B, 143, 144, 215C, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 514A, 519A, 520A, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 538, 539, 540, 541, 542 Tract: 9504.
Block(s): 319, 320
Tract: 9505.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 115, 116, 117, 118, 119, 127, 128, 201, 202, 203, 204A, 209, 210, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217A, 217B, 218, 220, 221, 222, 227, 228, 230, 231, 232A, 232B, 233A, 233C, 234, 235, 236, 237, 238, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 326B, 327, 328, 329, 331, 332, 333
Tract: 9506.
Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 320, 321, 326, 327, 328

TUESDAY, FEBRUARY 11, 1992

737

Tract: 9507. Block(s): 104, 115, 116, 117, 118, 125, 126, 201C, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 207B, 220A, 220B, 220C, 220D, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 418, 419, 420, 421, 422, 423, 424, 425, 427, 432, 435
District: 11
ATKINSON COUNTY VTD: 0010 PEARSON (Part) Tract: 9602. Block(s): 167, 168, 170, 173, 174, 176, 223, 224A, 224B, 224C, 225A, 225B, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 247, 248, 249, 250, 251, 252, 302A, 303, 304, 305, 306, 307, 308A, 312A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339A, 340, 341, 342, 343, 344 VTD: 0015 WILLACOOCHEE
BERRIEN COUNTY VTD: 0002 ALPAHA (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 127, 128, 131, 132, 133, 134, 135, 221A, 221B, 222, 223, 224, 227, 228, 229, 230, 231, 233A, 233B, 234, 235, 236, 237, 238, 240, 241A, 241B, 243A, 243B, 244, 245, 246, 247 Tract: 9702. Block(s): 110 VTD: 0003 ENIGMA (Part) Tract: 9702. Block(s): 136A, 137, 153A, 153B, 154, 155, 156, 157, 158, 159A, 159B, 165, 166A, 166B, 167, 168A, 179A, 179B, 180 VTD: 0004 JORDAN (Part) Tract: 9702. Block(s): 201
COFFEE COUNTY VTD: 0001 DOUGLAS (Part) Tract: 9904. Block(s): 227, 230, 231, 232, 233, 310, 311, 312, 315, 316 Tract: 9905. Block(s): 101, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 131, 132A, 132B, 135A, 135B, 136, 137, 138, 139, 140, 141, 201, 202, 203, 204, 214, 215, 216, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 239, 240, 241, 242, 243, 244, 245, 327, 329, 330, 335, 336, 337A, 337B, 338A, 338B, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 346A, 346B, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369 Tract: 9906. Block(s): 295, 296, 297, 330 Tract: 9907. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 121, 122, 123, 124, 125, 126, 127, 128, 137, 138, 139, 140, 144, 145, 146, 147, 148, 149, 151, 152, 153, 154, 201, 202, 203, 204, 205, 206, 207A, 207B, 208, 209, 210, 211, 212, 213A, 213B, 214, 215, 216, 217, 218, 219, 220, 221, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242,

738

JOURNAL OF THE HOUSE,

243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9908. Block(s): 127, 128, 129, 130, 131, 201A, 209, 210, 211, 212, 213, 214, 215, 219, 220, 221, 222, 223, 224, 225, 226, 230, 231, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 401, 402, 403B, 410 VTD: 0002 AMBROSE (Part) Tract: 9906. Block(s): 188B, 192B, 212, 224, 226, 227, 229, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 323, 325, 326, 327, 329, 331, 332, 373, 374 VTD: 0003 BRIDGETOWN (Part) Tract: 9906. Block(s): 318, 319, 341, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362 VTD: 0004 BROXTON (Part) Tract: 9901. Block(s): 194A, 201A, 230A, 230B, 231A, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 256A, 256B, 257, 258, 259, 274, 275, 276, 277, 278, 279, 280, 281, 282, 332A, 335A, 348A, 349A, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380A, 380B, 381, 382A, 382B, 383, 384, 385, 387 Tract: 9902. Block(s): 210 COOK COUNTY VTD: 0001 ADEL WEST VTD: 0004 LENOX (Part) Tract: 9801. Block(s): 105A, 105B, 106A, 106B, 107A, 107B, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145A, 145B, 146, 147, 148A, 148B, 148C, 164, 165, 166, 167, 168, 169, 206, 228A, 228B, 229, 230, 234, 235, 237, 238, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256A, 256B, 257, 258, 259, 260, 261, 281, 282 Tract: 9802. Block(s): 101 Tract: 9803.
Block(s): 104, 105, 106
VTD: 0007 SPARKS (Part)
Tract: 9802.
Block(s): 113, 114, 115, 116, 117, 118, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333A, 333B, 335A, 335B, 336A, 336B, 336C
Tract: 9803.
Block(s): 107, 108, 109, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122A, 122B, 123A, 123B, 148A, 149, 161, 162, 202A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,

TUESDAY, FEBRUARY 11, 1992

739

215B, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227A, 230B IRWIN COUNTY VTD: 0005 OCILLA TIFT COUNTY VTD: 0002 BROOKFIELD (Part) Tract: 9905. Block(s): 251, 252, 253, 254, 255, 256, 257, 258, 259, 263, 264, 265, 266, 267, 268, 271 Tract: 9909. Block(s): 206, 207, 208, 209 VTD: 0005 ELDORADO (Part) Tract: 9909. Block(s): 210, 211, 212, 213, 230, 231, 232, 233, 234, 235, 236, 239, 240, 241, 243, 321, 322, 326, 327, 328, 329, 332, 333 VTD: 0008 TIFTON SOUTH
District: 12 (TO BE INSERTED)
District: 13
BURKE COUNTY VTD: 0002 GIRAND VTD: 0003 GOUGH VTD: 0006 MIDVILLE VTD: 0007 MUNNERLYN VTD: 0009 SCOTTS CROSSROAD VTD: 0010 SHELLBLUFF VTD: 0011 ST CLAIR VTD: 0012 VIDETTE VTD: 0014 NORTH WAYNESBORO VTD: 0015 SOUTH WAYNESBORO
EMANUEL COUNTY VTD: 0003 CROSS-GREEN
JEFFERSON COUNTY VTD: 0002 MATTHEWS VTD: 0003 WRENS VTD: 0004 LOUISVILLE VTD: 0005 WADLEY VTD: 0006 BARTOW
JENKINS COUNTY VTD: 8202 MILLEN
SCREVEN COUNTY VTD: 0008 WADE PLACE
District: 14 (TO BE INSERTED)
District: 15 (TO BE INSERTED)
District: 16 (TO BE INSERTED)
District: 17
DECATUR COUNTY VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part) Tract: 9703. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345

740

JOURNAL OF THE HOUSE,

346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 422A, 422B, 423A, 423B, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447 Tract: 9704.
Block(s): 124A, 124B, 126A, 126B, 127, 128, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 301A, 301B, 302A, 302B, 302C, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341,
342, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425,
426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449 Tract: 9706.
Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 202, 203, 204, 205, 206, 207, 208, 209,
210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 Tract: 9707.
Block(s): 101, 102, 103, 104, 105, 116, 117, 118, 119, 122, 123, 193, 194 VTD: 0003 WEST BAINBRIDGE (Part)
Tract: 9703.
Block(s): 144A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174,
175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232,
233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258,
272, 273, 274, 275, 276, 277, 278A, 279, 280, 281 VTD: 0005 BELL
VTD: 0008 FACEVILLE VTD: 0009 FOWLSTOWN
GRADY COUNTY VTD: 0010 DUNCANVILLE
VTD: 0015 HIGDON VTD: 0050 CAIRO 4
VTD: 0055 CAIRO 5 (Part) Tract: 9504.
Block(s): 151A, 303A, 317, 318, 326, 327, 402, 403, 404, 405, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420
Tract: 9505.
Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234, 235, 236, 237, 401, 402, 403, 404, 405, 407, 408, 409, 410, 412, 424A, 425, 426
VTD: 0060 WHIGHAM THOMAS COUNTY
VTD: 0002 BALFOUR
VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY VTD: 0015 HARPER
VTD: 0016 SUSIE DUNLAP

TUESDAY, FEBRUARY 11, 1992

741

District: 18 (TO BE INSERTED)
District: 19 (TO BE INSERTED)
District: 20 (TO BE INSERTED)
District: 21 (TO BE INSERTED)
District: 22
TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY BAKER COUNTY
VTD: 0002 ELMODEL VTD: 0003 HOGGARDS MILL MITCHELL COUNTY VTD: 0010 CAMILLA NORTH (Part)
Tract: 9803. Block(s): 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 169, 170, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 220, 221, 337A, 339A, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350
Tract: 9804. Block(s): 401, 402, 404, 405, 406, 407, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 426, 427, 428, 429, 430, 431B, 461, 481, 482, 483
VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 165, 166, 167 Tract: 9804. Block(s): 201, 202, 203, 204, 205, 206, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 245, 246A, 246B, 301, 302, 303, 304, 305A, 305B, 306, 323B, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 434, 436, 437, 456, 459A, 462 Tract: 9806. Block(s): 101, 102, 103, 104, 301
VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0040 PELHAM (Part)
Tract: 9806. Block(s): 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201A, 201B, 202, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 210, 211A, 211B, 212, 213, 214, 215, 216A, 216B, 217, 218, 302
Tract: 9807. Block(s): 165, 166, 167, 168, 169, 170
District: 23 (TO BE INSERTED)
District: 24 (TO BE INSERTED)
District: 25 (TO BE INSERTED)

742

JOURNAL OF THE HOUSE,

District: 26
COBB COUNTY VTD: 0046 HOWELLS 1 (Part) Tract: 0313.05 Block(s): 209, 210, 219, 227, 228, 901, 922, 923 VTD: 0047 HOWELLS 2 VTD: 0080 PEBBLEBROOK
FULTON COUNTY VTD: OOE7 10A VTD: OOE8 10B VTD: OOG3 11B VTD: OOT6 SC13 VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: OOY3 SC01 (Part) Tract: 0078.02 Block(s): 203B Tract: 0103.02 Block(s): 101, 102, 103B, 119, 120B, 122, 123, 124, 125, 126B, 127, 210, 211, 212, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 507, 508, 509 VTD: OOY4 SC02 (Part) Tract: 0078.02 Block(s): 102B, 103, 104, 105, 106B, 107B, 128, 201B, 202C, 203C, 204, 205 VTD: OOY6 SC04 VTD: OOY7 SC05 (Part) Tract: 0103.01 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 701, 702, 703, 704, 705, 706, 707, 708, 709, 721, 722, 841 Tract: 0103.02 Block(s): 510, 511
District: 27
COBB COUNTY VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 901, 902, 903, 904, 916, 917, 922, 923, 925, 926, 927, 928, 929, 930 Tract: 0313.05 Block(s): 917, 918 VTD: 0048 HOWELLS 3 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0070 MT. HARMONY
FULTON COUNTY VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOE1 9L VTD: OOE3 9N VTD: OOE6 9S VTD: OOF1 10D VTD: OOF2 IDE VTD: OOF5 10H

TUESDAY, FEBRUARY 11, 1992

743

VTD: OOF7 10K VTD: 00X7 9T
District: 28
FAYETTE COUNTY VTD: 0007 HOPEFUL (Part) Tract: 1401.01 Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 135, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 Tract: 1401.02 Block(s): 212, 213, 214, 215, 301, 302, 303, 304 VTD: 0009 RAREOVER
FULTON COUNTY VTD: OOE9 10C VTD: OOFS 10L VTD: OOG2 11A (Part) Tract: 0079. Block(s): 201, 202, 212 VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOH4 11M (Part) Tract: 0077.01 Block(s): 102, 110, 113, 117, 118, 120, 501A, 504A, 505 VTD: OOH5 UN VTD: OOR1 PA01 VTD: OOT5 SC12 VTD: OOY4 SC02 (Part) Tract: 0078.02 Block(s): 101B, 109, 117B, 118C, 118D, 119B, 119C, 124B, 125, 126, 127, 129B VTD: OOY5 SC03 VTD: OOY7 SC05 (Part) Tract: 0103.01 Block(s): 615, 842 Tract: 0103.02 Block(s): 512, 513, 518, 519, 520, 521, 522 Tract: 0105.06 Block(s): 301 VTD: OOY9 SC07 (Part) Tract: 0105.06 Block(s): 201, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403C, 405, 406C, 410, 418, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 435, 436B, 437, 438, 439B, 439C, 440, 441, 442B, 443, 444, 445, 446, 447, 448, 944F, 944G
District: 29
CLAYTON COUNTY VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 113, 114, 117, 118, 119, 201, 202, 203, 204, 206, 207, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312B, 401, 405, 406, 407, 408, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517 Tract: 0403.02

744

JOURNAL OF THE HOUSE,

Block(s): 506, 507, 509, 510, 511, 514, 515, 516, 518, 519A, 519C, 519D, 524, 525, 526A, 526B
VTD: 0004 FOREST PARK 3 (Part)
Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 914, 915, 916, 917, 918, 922, 933
VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 301, 302, 303, 304A, 304B, 309, 401A, 401B, 402, 403, 404B, 404C, 405, 406, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 515, 516, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 901, 902, 903A, 903B, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918
VTD: 0024 OAK 2 AND OAK 3 (Part) Tract: 0402. Block(s): 101, 102, 103, 106, 108, 109, 110, 111, 919, 920 Tract: 0405.04 Block(s): 101, 102
FULTON COUNTY VTD: OOF4 10G VTD: OOG2 11A (Part) Tract: 0079. Block(s): 104, 105, 107, 108, 116 VTD: OOG9 11H VTD: OOH1 11J VTD: OOH2 11K VTD: OOH3 11L VTD: OOH4 11M (Part) Tract: 0077.01 Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 111, 112, 114, 115 VTD: OOH6 IIP VTD: OOH7 11R VTD: OOK6 CP01 (Part) Tract: 0106.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119 Tract: 0112.02 Block(s): 412A VTD: OOK7 CP02 VTD: OOL6 EP01 VTD: OOM2 EP06 (Part) Tract: 0107. Block(s): 209B Tract: 0108. Block(s): 601A, 620A, 622A, 623, 625 Tract: 0109. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 119B, 120, 201, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 218B, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 301, 302, 303, 304, 305, 306, 315, 316, 319
Tract: 0110.
Block(s): 203, 209, 301, 610
Tract: 0112.02
Block(s): 206, 301, 308
VTD: OOM3 EP07 (Part)

TUESDAY, FEBRUARY 11, 1992

745

Tract: 0106.01 Block(s): 422B
Tract: 0112.02 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 202, 203, 204, 205, 207, 208, 209, 210, 211, 212, 302, 303, 304, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 411B, 411C, 412B, 413, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 601, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 614, 701, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821
VTD: OOM5 EP09 VTD: OOM6 EP10
District: 30
FAYETTE COUNTY VTD: 0007 HOPEFUL (Part) Tract: 1401.01 Block(s): 106, 107, 118, 119, 120 VTD: 0023 KENWOOD
FULTON COUNTY VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON3 FA01 VTD: OOT1 SC08 (Part) Tract: 0105.05 Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405A, 405B, 406, 407, 408, 501, 502, 503B, 504B, 505B, 505C, 514B, 601A, 601C, 601D, 602B, 602C, 603B, 618B Tract: 0105.06 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 202B, 202C, 205, 207B VTD: OOT4 SC11 (Part) Tract: 0105.04 Block(s): 220, 221, 232, 306, 307, 308, 309, 310, 311B, 311C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327C, 328C, 328D, 351 VTD: OOU1 SC17 VTD: OOU5 SC21 VTD: 00X1 UC01 (Part) Tract: 0105.04 Block(s): 234A, 311A, 327A, 327B, 328A, 328B Tract: 0105.05 Block(s): 503A, 504A, 505A, 506, 507, 508, 509, 510, 511, 512, 513, 514A, 601B, 602A, 603A, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618A, 619, 620, 621, 622, 623, 624, 625A, 625B, 626, 627, 628 Tract: 0105.06 Block(s): 701 VTD: 00X2 UC02 VTD: OOY9 SC07 (Part) Tract: 0105.06 Block(s): 202D, 202E, 203B, 203C, 203D, 204B, 206, 403D, 406B, 406D, 406E, 406F, 434, 457B, 457C, 601, 602B, 606, 614B, 615, 703C, 707B, 707C, 710B, 711B, 714B, 716F, 716G, 718C, 718D, 719B, 740B, 944E

746

JOURNAL OF THE HOUSE,

District: 31
CLAYTON COUNTY VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 404A, 407, 408, 522 VTD: 0024 OAK 2 AND OAK 3 (Part) Tract: 0402. Block(s): 104, 105, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 210, 211A, 211B, 212A, 212B, 213A, 213B, 213C, 213D, 213E, 214A, 214B, 215, 216 Tract: 0405.03 Block(s): 401 Tract: 0405.04 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 418 VTD: 0028 RIVERDALE 3 (Part) Tract: 0405.04 Block(s): 301, 302, 309, 310A, 310B, 310C, 311A, 311B, 312, 315A, 315B, 315C, 329, 330A, 330B, 331, 333A, 333B VTD: 0032 RIVERDALE 7
FULTON COUNTY VTD: OOK6 CP01 (Part) Tract: 0106.01 Block(s): 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 422A, 424, 425, 426, 427 Tract: 0113.02 Block(s): 106A, 106B, 106C, 106D, 111 VTD: OOK8 CP03 VTD: OOL2 CP06 VTD: OOM7 EP11 VTD: OON2 EP15
District: 32
CLAYTON COUNTY VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 309A, 309B, 312A Tract: 0403.02 Block(s): 101A, 101B, 101C, 102, 104, 105, 106, 107, 108, 109A, 109B, 112, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 301, 302, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 501, 502, 503, 504, 505, 508A, 508B, 512, 513, 517A, 517B, 519B, 520, 521, 522, 523A, 523B, 527A, 527B Tract: 0403.03 Block(s): 401, 402, 403, 404, 405, 408, 409 VTD: 0004 FOREST PARK 3 (Part) Tract: 0403.04 Block(s): 115, 213, 216, 217, 218, 224, 225, 226, 227, 229, 230, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 317, 318, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 334
FULTON COUNTY

TUESDAY, FEBRUARY 11, 1992

747

VTD: 0069 4R VTD: 0070 4S VTD: OOG8 11G VTD: OOJ4 12E (Part)
Tract: 0108. Block(s): 616A, 628A, 629, 630
VTD: OOJ6 12G VTD: OOK1 12L VTD: OOK2 12M VTD: OOL7 EP02 VTD: OOL8 EPOS VTD: OOM1 EP05 VTD: OOM2 EP06 (Part)
Tract: 0108. Block(s): 715A, 715B, 716A
Tract: 0109. Block(s): 204
Tract: 0110. Block(s): 202, 208, 220, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402, 403, 404, 405, 406, 407, 507, 510, 511, 512, 513, 514, 601, 607, 608, 609, 611, 612
Tract: 0111. Block(s): 312B, 406, 408, 409, 410B, 411, 412, 413, 414, 415, 416, 417, 420, 421
Tract: 0112.02 Block(s): 101, 111, 201
VTD: OON4 HP01 VTD: OOU3 SC19
District: 33
FULTON COUNTY VTD: 0002 IB VTD: 0004 ID VTD: 0008 1J VTD: 0010 1L VTD: 0011 1M VTD: 0073 5A VTD: OOJ3 12D VTD: OOJ4 12E (Part) Tract: 0074. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202, 203, 204, 208, 209, 211A, 212A, 213 Tract: 0075. Block(s): 107, 108, 109, 110, 112, 113, 201, 203A, 204A, 205, 206, 207, 208, 209, 210A, 211A, 301 Tract: 0110. Block(s): 114B VTD: OOJ5 12F VTD: OOJ8 12J (Part) Tract: 0073. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209A, 210, 211, 212, 213, 215, 219, 303, 304, 305, 308, 309 VTD: OOK4 12P (Part) Tract: 0065. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 301, 303, 305, 306, 307, 308, 312

748

JOURNAL OF THE HOUSE,

VTD: OON5 HP02
District: 34
FULTON COUNTY VTD: 0042 3D VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0047 3J VTD: 0052 3P VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0061 4G VTD: 0064 4K VTD: 0065 4L VTD: 0071 4T VTD: 0079 6C (Part) Tract: 0002. Block(s): 101, 106, 107, 108, 109, 113, 202, 203, 205 VTD: 0080 6D VTD: 0081 6E VTD: 0085 6J (Part) Tract: 0002. Block(s): 201, 206, 207, 208, 209, 210, 211, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402, 403, 404, 405, 406, 411, 505, 506, 507, 508, 510 Tract: 0004. Block(s): 101 Tract: 0005. Block(s): 201, 207 Tract: 0011. Block(s): 105 VTD: OOA2 7N (Part) Tract: 0011. Block(s): 101, 102, 103, 104, 106, 107, 108, 109 VTD: OOA3 7P (Part) Tract: 0012. Block(s): 104, 105, 203, 204, 301, 302, 307, 308, 404, 405, 408, 409, 410, 411, 507, 508, 509, 510, 511, 512, 513 VTD: OOA4 7R (Part) Tract: 0010.95 Block(s): 309, 310, 311, 312, 313, 314, 315, 316, 411, 412, 413, 417, 418, 419, 420, 421, 422, 423, 424, 425 VTD: OOC4 8R (Part) Tract: 0010.95 Block(s): 609, 610, 707, 708, 709
District: 35
FULTON COUNTY VTD: 0046 3H VTD: 0048 3K VTD: OOA8 8A (Part) Tract: 0097. Block(s): 105, 108, 111, 112, 113, 114 Tract: 0098.

TUESDAY, FEBRUARY 11, 1992

749

Block(s): 104, 105, 106, 107A, 107B, 108, 109, 110, 111, 112, 114, 117, 118, 217
Tract: 0102.01 Block(s): 703A, 706A, 707, 708
VTD: OOB3 8E VTD: OOB8 8K VTD: OOB9 8L VTD: OOC2 8N VTD: OOD3 9D VTD: OOD4 9E VTD: OOD7 9H VTD: OOE4 9P VTD: OOF3 10F VTD: OOF6 10J VTD: OOG1 ION
District: 36
FULTON COUNTY VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0053 3R VTD: 0058 4D VTD: 0067 4N VTD: OOA2 7N (Part) Tract: 0011. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210 VTD: OOA3 7P (Part) Tract: 0012. Block(s): 106, 107, 108, 109, 110, 111, 112, 201, 202, 303, 304, 305, 306, 406, 407 VTD: OOA4 7R (Part) Tract: 0010.95 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 209, 210, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308 VTD: OOB4 8F (Part) Tract: 0098. Block(s): 401, 402, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423 VTD: OOB7 8J VTD: OOC3 8P VTD: OOC4 8R (Part) Tract: 0006. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 301, 302, 303, 304, 305, 309, 312, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324 Tract: 0010.95 Block(s): 501, 502, 503, 504, 505, 506, 601, 602, 603, 604, 605, 608, 701, 702, 703, 704, 705 VTD: OOC7 8V

750

JOURNAL OF THE HOUSE,

VTD: OOD5 9F VTD: OOF9 10M
District: 37
CLAYTON COUNTY VTD: 0026 RIVERDALE 1 VTD: 0027 RIVERDALE 2 VTD: 0028 RIVERDALE 3 (Part) Tract: 0405.05 Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 222, 224A, 226, 301A, 310A, 310B, 310C VTD: 0033 RIVERDALE 8
FAYETTE COUNTY VTD: 0003 EUROPE VTD: 0024 BANKS (Part) Tract: 1401.02 Block(s): 201, 202, 203, 204, 229, 230
FULTON COUNTY VTD: OOL1 CP05 VTD: OOT1 SC08 (Part) Tract: 0105.05 Block(s): 201, 202, 203, 204, 301 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SCll (Part) Tract: 0105.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 222, 223, 224, 226, 227, 231, 233, 312B, 315B, 316B, 401, 402, 410, 411, 412 VTD: 00X1 UC01 (Part) Tract: 0105.04 Block(s): 228, 229A, 237A, 312A, 314A, 315A, 316A, 317, 335A, 335B, 335D, 336A, 336C, 337, 609A
District: 38
CLAYTON COUNTY VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.03 Block(s): 308, 309, 310, 311, 312A, 312B, 406, 407, 410, 411 VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 102A, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 209D, 209E, 209F, 210, 211, 212, 213, 214, 215, 216, 217, 301A, 301B, 301C, 302, 304A, 304B, 304C, 305A, 305B, 306, 313A, 313B, 313C, 313D, 315A, 315B, 315C, 315D, 316, 412, 413, 414, 501, 502, 503, 504, 506, 507, 508, 509, 510A, 510C, 511, 512, 514, 515, 601, 602, 603A, 603B, 604A, 604B, 605, 606, 607, 608, 609, 610, 611, 612A, 612B, 612C VTD: 0017 ADAMSON MORROW 1 (Part) Tract: 0403.03 Block(s): 101, 102B Tract: 0404.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204A, 204B, 204C, 205,

TUESDAY, FEBRUARY 11, 1992

751

206A, 206B, 207, 208, 209, 210, 801, 802, 803, 904, 905, 906, 907, 910, 912, 925A, 925B, 925C VTD: 0041 LAKE CITY 1 FULTON COUNTY VTD: 0003 1C VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: OOJ7 12H VTD: OOJ8 12J (Part) Tract: 0073. Block(s): 216, 301, 302, 310, 311, 312 VTD: OOJ9 12K VTD: OOK3 12N
District: 39
FULTON COUNTY VTD: 0001 1A VTD: 0005 IE VTD: 0019 2D VTD: 0020 2E VTD: 0025 2K VTD: 0062 4H VTD: 0066 4M VTD: 0074 5B VTD: 0076 5K VTD: 0082 6F VTD: 0087 6N VTD: OOH9 12A VTD: OOJ1 12B VTD: OOJ2 12C VTD: OOK4 12P (Part) Tract: 0065. Block(s): 302, 304, 309, 310, 311
District: 40
FULTON COUNTY VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0023 2H VTD: 0024 2J VTD: 0026 2L VTD: 0030 2R VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 0059 4E VTD: 0078 6B VTD: 0079 6C (Part) Tract: 0001. Block(s): 107, 111, 112, 113, 114, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401 Tract: 0002. Block(s): 105, 204 VTD: 0083 6G

752

JOURNAL OF THE HOUSE,

VTD: 0084 6H VTD: 0085 6J (Part)
Tract: 0002. Block(s): 407, 503, 504, 509, 511, 512, 513, 514
VTD: 0086 6K
District: 41 (TO BE INSERTED) District: 42 (TO BE INSERTED) District: 43 (TO BE INSERTED) District: 44 (TO BE INSERTED) District: 45 (TO BE INSERTED) District: 46 (TO BE INSERTED)
District: 47 (TO BE INSERTED)
District: 48 (TO BE INSERTED)
District: 49 (TO BE INSERTED)
District: 50 (TO BE INSERTED)
District: 51 (TO BE INSERTED)
District: 52 (TO BE INSERTED)
District: 53 (TO BE INSERTED)
District: 54 (TO BE INSERTED)
District: 55 (TO BE INSERTED)
District: 56 (TO BE INSERTED)
District: 57 (TO BE INSERTED)
District: 58 (TO BE INSERTED)
District: 59 (TO BE INSERTED)
District: 60 (TO BE INSERTED)
District: 61 (TO BE INSERTED)
District: 62 (TO BE INSERTED)
District: 63 (TO BE INSERTED)
District: 64 (TO BE INSERTED)
District: 65 (TO BE INSERTED)
District: 66 (TO BE INSERTED)
District: 67
CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 136, 137, 138, 139, 140, 141, 142, 143 Tract: 0002.

TUESDAY, FEBRUARY 11, 1992

753

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222
Tract: 0004. Block(s): 102, 103, 104, 105, 106, 107, 108, 109
Tract: 0005. Block(s): 101, 102
Tract: 0006. Block(s): 110, 125, 126, 127, 128, 142, 143, 201, 202, 203, 217, 218, 219
Tract: 0007. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125
Tract: 0013.02 Block(s): 125, 135
VTD: 001A PRECINCT 216-1A (Part) Tract: 0001. Block(s): 128, 129, 130, 131, 132, 133, 134, 135 Tract: 0003. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361 Tract: 0004. Block(s): 101, 110, 201, 202, 203A, 204, 205, 206, 207, 208 Tract: 0014.02 Block(s): 419A, 706A, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719A
VTD: 001B PRECINCT 216-2B VTD: 002A PRECINCT 216-2A (Part)
Tract: 0005. Block(s): 104
VTD: 003B PRECINCT 216-3B VTD: 005A PRECINCT 216-5A VTD: 005B PRECINCT 216-5B (Part)
Tract: 0008. Block(s): 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227
Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113
VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 101, 102B, 102C, 103B, 106B, 107, 114B, 115B Tract: 0014.01
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253
Tract: 0014.02
Block(s): 201A, 203, 204, 208
VTD: 0220 PRECINCT 0220 (Part)
Tract: 0014.02

754

JOURNAL OF THE HOUSE,

Block(s): 218, 219, 401, 402, 403, 405, 411, 413, 420, 701, 702, 703, 704, 705, 706B, 706C, 719B
District: 68 (TO BE INSERTED)
District: 69 (TO BE INSERTED)
District: 70 (TO BE INSERTED)
District: 71 (TO BE INSERTED)
District: 72 (TO BE INSERTED)
District: 73 (TO BE INSERTED)
District: 74 (TO BE INSERTED)
District: 75 (TO BE INSERTED)
District: 76 (TO BE INSERTED)
District: 77 (TO BE INSERTED)
District: 78 (TO BE INSERTED)
District: 79 (TO BE INSERTED)
District: 80 (TO BE INSERTED)
District: 81 (TO BE INSERTED)
District: 82 (TO BE INSERTED)
District: 83 (TO BE INSERTED)
District: 84 (TO BE INSERTED)
District: 85 (TO BE INSERTED)
District: 86 (TO BE INSERTED)
District: 87
RICHMOND COUNTY VTD: 0006 3A VTD: 0007 3B VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0016 6A (Part) Tract: 0012. Block(s): 209, 210, 211, 212, 214, 215, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321A, 321B, 322, 407, 408, 409, 410, 411 VTD: 0017 6B VTD: 0018 6C VTD: 0021 8 VTD: 0023 8B VTD: 0024 8C VTD: 0028 85-3 VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4

TUESDAY, FEBRUARY 11, 1992

755

VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0048 89-3 VTD: 0052 89-7
District: 88
RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 VTD: 0004 2A VTD: 0005 3 VTD: 0011 4C VTD: 0012 5 VTD: 0013 5A VTD: 0014 5B VTD: 0015 6 VTD: 0016 6A (Part) Tract: 0012. Block(s): 213, 503 VTD: 0019 7 VTD: 0020 7A VTD: 0026 85-1 VTD: 0027 85-2
District: 89
RICHMOND COUNTY VTD: 0032 86-4 VTD: 0049 89-4 VTD: 0051 89-6 VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6
District: 90 (TO BE INSERTED)
District: 91 (TO BE INSERTED)
District: 92
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE (Part) Tract: 0025. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 403, 404, 405, 406, 407, 408, 409, 501, 503, 504, 505, 506, 507, 509, 901 Tract: 0026. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 201, 202, 203, 204, 205, 206, 209, 210 VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0007 BRITT VTD: 0008 CARVER

756

JOURNAL OF THE HOUSE,

VTD: 0009 RIGDON VTD: 0038 3A3 FORT BENNING
District: 93 (TO BE INSERTED)
District: 94
CHATTAHOOCHEE COUNTY MUSCOGEE COUNTY
VTD: 0004 BAKER VTD: 0005 SAINT MARY'S VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0042 3B1 FORT BENNING
District: 95
MUSCOGEE COUNTY VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0041 3B FORT BENNING
District: 96 (TO BE INSERTED)
District: 97 (TO BE INSERTED)
District: 98 (TO BE INSERTED)
District: 99 (TO BE INSERTED)
District: 100 (TO BE INSERTED)
District: 101
DEKALB COUNTY VTD: 0014 CALLANWOLDE (Part) Tract: 0224.01 Block(s): 105, 106, 201, 202, 203, 204, 205A, 205B, 206, 207, 208, 301, 303, 304, 305, 306, 308, 309, 310, 311 Tract: 0224.03 Block(s): 402, 403, 404, 405, 408, 409, 415 VTD: 0035 DRUID HILLS AND MARY LIN (Part) Tract: 0202. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 124, 126, 127 Tract: 0203. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 213, 215, 307, 308, 309, 310, 311, 312, 313, 314, 315, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0204. Block(s): 101, 102, 103, 104, 105, 106, 108, 113, 114, 115, 116, 117, 118, 119, 137, 143, 145 Tract: 0206. Block(s): 101 Tract: 0207. Block(s): 214A

TUESDAY, FEBRUARY 11, 1992

757

Tract: 0225. Block(s): 613
VTD: 0039 EASTLAND VTD: 0042 EPWORTH VTD: 0046 FLAT SHOALS (Part)
Tract: 0234.03 Block(s): 203, 207, 301, 302, 303, 304, 305, 306
VTD: 0049 GORDON VTD: 0050 GRESHAM PARK (Part)
Tract: 0238.01 Block(s): 301, 302, 303, 304, 305, 306, 308, 310, 311, 312, 313, 314, 316, 317, 319
Tract: 0238.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 112, 113, 115, 116, 301
Tract: 0238.03 Block(s): 101, 102, 103, 104, 106, 107, 108, 305, 307, 308, 309, 310, 311, 401, 402, 403, 404, 405, 406, 407, 410, 411
VTD: 0088 MORELAND VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH
District: 102
DEKALB COUNTY VTD: 0035 DRUID HILLS AND MARY LIN (Part) Tract: 0203. Block(s): 101, 102, 103, 104 VTD: 0038 EAST LAKE (Part) Tract: 0208. Block(s): 108, 109, 110, 503, 515, 516, 521, 522, 527 VTD: 0041 EMORY VTD: 0045 FERNBANK VTD: 0050 GRESHAM PARK (Part) Tract: 0238.03 Block(s): 408, 409 VTD: 0065 KIRKWOOD VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON VTD: OOBD SOUTH DECATUR VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBM TOOMER VTD: OOBX WESTCHESTER
District: 103
DEKALB COUNTY VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0024 CLAIREMONT VTD: 0038 EAST LAKE (Part) Tract: 0208. Block(s): 101A, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 316, 317, 318, 319, 320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 501, 502, 505, 506, 508, 509, 510, 512, 513, 514, 518, 519, 523, 524, 525, 526, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538 VTD: 0048 GLENNWOOD

758

JOURNAL OF THE HOUSE,

VTD: 0063 KELLY LAKE VTD: 0091 NORTH DECATUR VTD: OOAG RAINBOW PARK VTD: OOAU SCOTT VTD: OOBL TONEY VTD: OOCB WINNONA
District: 104
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0026 CLARKSTON VTD: 0047 FORREST HILLS VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK (Part) Tract: 0220.02 Block(s): 215 Tract: 0221. Block(s): 101, 102 VTD: 0060 INGLESIDE VTD: 0066 KNOLLWOOD VTD: OOAV SCOTTDALE VTD: OOBC SNAPFINGER VTD: OOBT WADSWORTH
District: 105
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0015 CANBY VTD: 0036 DUNAIRE VTD: 0059 INDIAN CREEK (Part) Tract: 0220.02 Block(s): 214D, 232B, 306B, 307B, 308 Tract: 0220.05 Block(s): 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 320 VTD: 0081 MEMORIAL SOUTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOBN TOWERS
District: 106
DEKALB COUNTY VTD: 0007 BOB MATHIS VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE (Part) Tract: 0232.06 Block(s): 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 408, 409, 410, 411, 412, 413 VTD: 0031 CROSSROADS VTD: 0077 MCWILLIAMS (Part) Tract: 0234.08 Block(s): 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 601, 602, 603 Tract: 0234.09

TUESDAY, FEBRUARY 11, 1992

759

Block(s): 104 VTL: 0085 MILLER ROAD VTD: 0096 PANOLA VXD: 0097 PANOLA WAY VTD: OOAF RAINBOW VTD: OOBV WESLEY CHAPEL (Part)
Tract: 0234.08 Block(s): 201, 202, 203, 204, 205, 501, 506, 507, 508, 509, 510, 511
District: 107
DEKALB COUNTY VTD: 0022 CHAPEL HILL VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 201A, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 224, 226, 229, 234 VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS (Part) Tract: 0234.09 Block(s): 101, 102, 103, 105, 106, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 701, 702 VTD: OOAJ REDAN SOUTH VTD: OOBH STONEVIEW VTD: OOBV WESLEY CHAPEL (Part) Tract: 0234.08 Block(s): 502, 503, 504, 505, 512, 513, 514
ROCKDALE COUNTY VTD: 0005 LAKES DISTRICT
District: 108
DEKALB COUNTY VTD: 0019 CEDAR GROVE VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 201B VTD: 0046 FLAT SHOALS (Part) Tract: 0234.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 121, 201, 202, 204, 205, 206, 208, 209, 210, 901, 902, 925, 926 VTD: 0078 MEADOWVIEW VTD: OOAB PHILLIPS VTD: OOAT SALEM VTD: OOBE SPRING HILL
ROCKDALE COUNTY VTD: 0006 LORRAINE VTD: 0010 ROCKDALE
District: 109 (TO BE INSERTED)
District: 110 (TO BE INSERTED)
District: 111 (TO BE INSERTED)
District: 112 (TO BE INSERTED)

760

JOURNAL OF THE HOUSE,

District: 113 (TO BE INSERTED)
District: 114 (TO BE INSERTED)
District: 115 (TO BE INSERTED)
District: 116
BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 (Part) Tract: 0105. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 311, 312 Tract: 0106. Block(s): 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 0107. Block(s): 148, 149, 150, 153, 154, 157, 202A, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 247, 248, 249, 250, 251, 252, 253A, 316A Tract: 0108. Block(s): 226, 227 Tract: 0114. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274 Tract: 0115. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 115 Tract: 0130. Block(s): 201A, 201B, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231A, 276A, 277A VTD: 0011 GODFREY 02 VTD: 0013 GODFREY 04 VTD: 0034 VINEVILLE 01 (Part) Tract: 0106. Block(s): 101, 102, 103, 106, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 215, 216, 217, 402 Tract: 0107. Block(s): 101, 102, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 151, 152, 155, 156, 201, 202B, 203, 244, 253B, 255, 301, 302, 303, 304, 305, 314, 316B,

TUESDAY, FEBRUARY 11, 1992

761

317, 318, 319, 320, 321, 322, 324, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343 Tract: 0108. Block(s): 102, 103, 104, 106, 107, 108, 109, 110, 112, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 204, 205, 206, 208, 210, 211, 213, 214, 220, 221, 223, 224, 225, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325
District: 117
BIBB COUNTY VTD: 0010 GODFREY 01 (Part) Tract: 0105. Block(s): 313 VTD: 0012 GODFREY 03 VTD: 0015 GODFREY 06 VTD: 0016 GODFREY 07 VTD: 0017 GODFREY 08 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 (Part) Tract: 0101. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136 Tract: 0102. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110 Tract: 0103. Block(s): 101 Tract: 0108. Block(s): 111 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0043 MACON 02 VTD: 0044 MACON 01 (Part) Tract: 0123. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320
District: 118 (TO BE INSERTED)
District: 119 (TO BE INSERTED)
District: 120 (TO BE INSERTED)
District: 121 (TO BE INSERTED)
District: 122 (TO BE INSERTED)
District: 123
CHATHAM COUNTY VTD: 0013 1-13 VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4

762

JOURNAL OF THE HOUSE,

VTD: 0018 2-5 (Part) Tract: 0027. Block(s): 110, 111, 112, 113, 114, 120, 121, 122, 123, 301, 302, 307, 308, 309, 310, 315, 316, 317, 318
VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0026 3-3 VTD: 0027 3-4 VTD: 0028 3-5 VTD: 0030 3-7 VTD: 0035 4-2 VTD: 0043 4-10 (Part)
Tract: 0038. Block(s): 204B, 307B, 312B, 313B
Tract: 0039. Block(s): 201B, 202B
Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 407, 408, 409, 410, 411, 412, 413
District: 124 (TO BE INSERTED)
District: 125
CHATHAM COUNTY VTD: 0043 4-10 (Part) Tract: 0110.04 Block(s): 103
District: 126 (TO BE INSERTED)
District: 127
CHATHAM COUNTY VTD: 0024 3-1 VTD: 0025 3-2 VTD: 0034 4-1 VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0077 8-2 VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 (Part) Tract: 0033.01 Block(s): 322 Tract: 0033.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111 VTD: 0084 8-9 VTD: 0085 8-10
District: 128
CHATHAM COUNTY

TUESDAY, FEBRUARY 11, 1992

763

VTD: 0018 2-5 (Part) Tract: 0026. Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 119, 121, 124, 125, 126, 127, 128, 201, 202, 203, 206, 207, 208, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 223, 224, 225, 226 Tract: 0027. Block(s): 105, 106, 107, 108, 109, 115, 116, 117, 118, 119, 303, 304, 305, 306, 311, 312, 313, 314, 319, 320, 321
VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0075 7-11 VTD: 0076 8-1 VTD: 0082 8-7 (Part)
Tract: 0033.02 Block(s): 202, 203, 204, 205, 209, 215, 216, 217
VTD: 0083 8-8 VTD: 0086 5-11
District: 129 (TO BE INSERTED)
District: 130 (TO BE INSERTED)
District: 131 (TO BE INSERTED)
District: 132
BAKER COUNTY VTD: 0005 NEWTON
DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0014 CARVER TEEN CENTER VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL (Part) Tract: 0008. Block(s): 301, 302, 303, 304, 305, 306, 307, 401, 402, 403, 404, 405, 406 VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER (Part) Tract: 0109. Block(s): 208, 215, 216, 217, 218, 219, 220, 224, 225, 226, 227, 228, 229 Tract: 0110. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240
MITCHELL COUNTY VTD: 0005 BACONTON

764

JOURNAL OF THE HOUSE,

District: 133
DOUGHERTY COUNTY VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0015 CARVER JR HIGH GYM VTD: 0018 ALBANY JR. HIGH SCHOOL (Part) Tract: 0003. Block(s): 108, 109, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 125, 201, 206, 207, 208
Tract: 0008.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118, 201, 203, 204, 205, 206, 207, 208, 209,
210, 211, 212, 213, 216, 217, 218
Tract: 0013.
Block(s): 101B VTD: 0019 TURNER ELEMENTARY SCHOOL (Part)
Tract: 0001. Block(s): 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 422
Tract: 0002. Block(s): 101, 102, 114, 115, 119, 121, 132, 202, 203, 204, 205, 206, 207, 208, 209, 210, 224
Tract: 0103.01 Block(s): 151, 152
Tract: 0103.02 Block(s): 114
VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0023 PUTNEY YOUTH CENTER (Part)
Tract: 0110. Block(s): 101, 102, 103, 104, 113, 114
Tract: 0111. Block(s): 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150
VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0026 BRANCH ROAD PRECINCT (Part)
Tract: 0001. Block(s): 101B, 101C, 103B, 104, 105, 106, 107B, 108B, 108C
Tract: 0101. Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128B, 129B, 130B, 131, 201, 202, 203, 204, 205, 206, 207, 208B, 208C, 209, 210, 211, 212, 213, 214, 215, 216
Tract: 0103.01 Block(s): 102
VTD: 0027 SYLVANDALE ELEMENTARY SCH (Part) Tract: 0103.02 Block(s): 112, 113, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 519, 520, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618
District: 134 (TO BE INSERTED)
District: 135 (TO BE INSERTED)
District: 136 (TO BE INSERTED)

TUESDAY, FEBRUARY 11, 1992

765

District: 137 (TO BE INSERTED) District: 138
BALDWIN COUNTY VTD: 0010 CMC 320G (Part) Tract: 9707. Block(s): 222B, 303B, 404C, 503B
District: 139 (TO BE INSERTED) District: 140 (TO BE INSERTED) District: 141 (TO BE INSERTED) District: 142 (TO BE INSERTED) District: 143 (TO BE INSERTED) District: 144 (TO BE INSERTED) District: 145 (TO BE INSERTED) District: 146 (TO BE INSERTED) District: 147 (TO BE INSERTED) District: 148 (TO BE INSERTED) District: 149 (TO BE INSERTED) District: 150 (TO BE INSERTED) District: 151 (TO BE INSERTED) District: 152 (TO BE INSERTED) District: 153 (TO BE INSERTED) District: 154 (TO BE INSERTED) District: 155 (TO BE INSERTED) District: 156 (TO BE INSERTED) District: 157 (TO BE INSERTED) District: 158 (TO BE INSERTED) District: 159 (TO BE INSERTED) District: 160 (TO BE INSERTED) District: 161 (TO BE INSERTED) District: 162 (TO BE INSERTED) District: 163 (TO BE INSERTED) District: 164 (TO BE INSERTED) District: 165 (TO BE INSERTED) District: 166 (TO BE INSERTED) District: 167 (TO BE INSERTED) District: 168 (TO BE INSERTED)

766

JOURNAL OF THE HOUSE,

District: 169 (TO BE INSERTED) District: 170 (TO BE INSERTED) District: 171 (TO BE INSERTED) District: 172 (TO BE INSERTED) District: 173 (TO BE INSERTED) District: 174 (TO BE INSERTED) District: 175 (TO BE INSERTED) District: 176 (TO BE INSERTED) District: 177 (TO BE INSERTED) District: 178 (TO BE INSERTED) District: 179 (TO BE INSERTED) District: 180 (TO BE INSERTED)'

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

Y Abernathy N Adams N Aiken N Alford Y Ashe N Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield N Birdsong Y Blitch
Bordeaux N Bostick N Branch N Breedlove Y Brooks
Brown N Brush N Buck N Buckner
N Byrd N Campbell
N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers

N Clark.E N Clark.L N Coker N Coleman
Colwell N Connell N Culbreth N Cummings,B Y Cummings.M N Davis.D
Davis.G N Davis.M N Dixon.H
N Dixon.S N Dobbs N Dover
N Dunn N Edwards Y Elliott
Felton N Fennel N Floyd.J.M
N Floyd.J.W N Flynt N Godbee N Golden
Goodwin E Green
Greene N Griffin N Groover N Hamilton N Hammond N Hanner N Harris.B N Harris.J

N Heard N Henson
N Herbert N Holland
Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King Y Kingston N Klein Y Ladd N Lane.D N Lane.R N Langford Y Lawrence N Lawson N Lee N Long
Lord N Lucas N Mann N Martin
N McBee N McCoy N McKelvey N McKinney.B Y McKinney.C Y Meadows N Merritt
Milam

N Mills N Mobley N Moody N Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M NOrr N Orrock N Padgett N Parham N Parrish
Patten N Pelote N Perry N Pettit N Pinholster N Pinkston
N Poag N Porter N Poston N Powell.A Y Powell.C N Presley N Purcell N Randall
Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield

N Skipper N Smith.L N Smith,? N Smith.T N Smith.W N Smyre N Snow N Stancil.F N Stancil.S N Stanley N Streat N Taylor N Teper N Thomas,C N Thomas.M N Thomas,N N Thurmond N Titus Y Tolbert N Townsend Y Turnquest
Twiggs N Valenti N Vaughan N Walker.J N Walker.L
Wall N Watson
N Watts Y White N Wilder Y Williams.B
Williams.J N Williams.R N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 17, nays 145. The amendment was lost.

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

TUESDAY, FEBRUARY 11, 1992

767

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken Y Aliord N Ashe N Atkins Y Baker Y Balkrom Y Barfoot Y Bar^eron N Barnett.B N Barnett.M N Bales
Y Beatty Y Benefield Y Birdsong N Blitch
Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush Y Buck N Buckner Y Byrd
Campbell Y Canty Y Carrell Y Carter Y Cauthorn N Chafin N Chambless
N Cheeks Y Childers

N Clark.E Y Clark.L N Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover N Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden N Goodwin E Green Y Greene Y Griffin Y Groover N Hamilton Y Hammond Y Manner N Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore N King Y Kingston N Klein N Ladd N Lane.D Y Lane.R Y Langford N Lawrence Y Lawson Y Lee N Long
Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B N McKinney.C N Meadows Y Merritt
Milam

Y Mills Y Mobley Y Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten
N Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell,A N Powell.C Y Presley Y Purcell Y Randall NRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond
Y Titus N Tolbert Y Townsend
Y Turnquest Twiggs
Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts N White N Wilder N Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 128, nays 37.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 1337 was ordered immediately transmitted to the Senate.

Representative Pelote of the 127th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representatives McKinney of the 35th, Bordeaux of the 122nd and Twiggs of the 4th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Cummings of the 134th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
The following Resolutions were read and adopted:

HR 846. By Representatives Pelote of the 127th, Merritt of the 123rd, Bordeaux of the 122nd, Hamilton of the 124th, Kingston of the 125th and others:
A resolution extending condolences at the passing of Mr. Ira E. Williams, Jr.

HR 847. By Representative Mobley of the 64th: A resolution commending Mr. Jean D. Withers.

768

JOURNAL OF THE HOUSE,

HR 848. By Representatives Teper of the 46th, Martin of the 26th, Oliver of the 53rd, Sherrill of the 47th, Valenti of the 52nd and others:
A resolution expressing sympathy at the passing of Dr. Milton Chaikin.

HR 849. By Representative Smith of the 78th: A resolution commending and recognizing Ms. Ruby Solomon.

HR 850. By Representative Mobley of the 64th: A resolution commending Mr. R. H. Burel of Auburn, Georgia.

HR 851. By Representative Edwards of the 112th: A resolution commending the Butler Volunteer Fire Department.

HR 852. By Representatives Atkins of the 21st, Vaughan of the 20th, Coker of the 21st, Klein of the 21st, Cauthorn of the 20th and others:
A resolution commending Miss Marika Angelle, 1992 Miss Cobb County.

HR 853. By Representatives Atkins of the 21st, Vaughan of the 20th, Coker of the 21st, Klein of the 21st, Cauthorn of the 20th and others:
A resolution commending the Cobb Clean Commission for its promotion of the GLAD Bag-A-Thon cleanup and recycling program.

HR 854. By Representative Mobley of the 64th: A resolution commending Ms. Elizabeth (Betty) Blanton Petree.

HR 855. By Representative Parrish of the 109th: A resolution honoring Mr. Wyatt Rich.

HR 856. By Representatives Hamilton of the 124th, Bordeaux of the 122nd, Dixon of the 128th, Kingston of the 125th, Pelote of the 127th and others:
A resolution commending Tommy J. Boondry.

HR 857. By Representative Greene of the 130th: A resolution recognizing Professor Fletcher Hamilton Henderson.

HR 858. By Representatives Cauthorn of the 20th, Vaughan of the 20th, Hammond of the 20th, Atkins of the 21st, Wilder of the 21st and others:
A resolution commending the 1991 Marietta High School Blue Devils football team members, coaches, and managers.

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:

TUESDAY, FEBRUARY 11, 1992

769

HE 1238 Do Pass, by Substitute HB 1144 Do Pass, by Substitute SB 388 Do Pass

Respectfully submitted, /s/ Randall of the 101st
Chairman

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

770

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 12, 1992

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 Dr. Edward A. Frost, Pastor, Unitarian Universalist Congregation of Atlanta, Atlanta, Georgia.
The members pledged allegiance to the flag.
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 1615. By Representative Skipper of the 116th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1616. By Representatives Harris of the 84th and Barnett of the 10th: 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 change the time when such taxes shall be paid.
Referred to the Committee on Ways & Means.

WEDNESDAY, FEBRUARY 12, 1992

771

HB 1617. By Representative Smith of the 156th:
A bill to amend Part 2 of Article 6 of Title 20 of the Official Code of Georgia Annotated, relating to the skills and knowledge which Georgia students are expected to master and a standard curriculum of study, so as to provide that where instruction in foreign language is authorized, sign language for the deaf shall be considered a foreign language.
Referred to the Committee on Education.

HB 1618. By Representative Smith of the 156th:
A bill to amend an Act providing for the holding of four terms each year of the Superior Court of Mclntosh County, so as to provide for two terms of court.
Referred to the Committee on Judiciary.

HB 1619. By Representative Skipper of the 116th:
A bill to amend an Act to create the Sumter County Public School System, so as to provide new Education Districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1620. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act entitled "An Act to consolidate and amend an Act to regulate public instruction in the County of Glynn," so as to reapportion the education districts for the Board of Education of Glynn County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1621. By Representatives Holland of the 136th, Skipper of the 116th, Teper of the 46th and Fennel of the 155th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the probate court, so as to provide for the service of a minor or an incapacitated adult by serving such person's legal guardian.
Referred to the Committee on Special Judiciary.

HB 1622. By Representative Wilder of the 21st:
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 standards for small employer health benefit plans.
Referred to the Committee on Insurance.

HB 1623. By Representative Twiggs of the 4th: A bill to create the Clayton-Rabun County Water and Sewer Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

772

JOURNAL OF THE HOUSE,

HB 1625. By Representatives Harris of the 84th and Barnett of the 10th: A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to require an insurer to notify the owner of any motor vehicle for which a total loss claim is paid of all obligations regarding the registration and title of such vehicle prior to payment of such claim.
Referred to the Committee on Motor Vehicles.
HB 1626. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bartow County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1627. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County, so as to provide that the commissioner will keep his or her office at the County Administration Building.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1628. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act providing a new charter for the City of Euharlee in Bartow County, so as to change the term of the mayor to four years.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1629. By Representative Beatty of the 12th: A bill to amend an Act creating the board of commissioners of roads and revenues of Jackson County, so as to provide that the board of commissioners shall submit an annual financial report to the grand jury at the fall term of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1630. By Representative Skipper of the 116th:
A bill to provide a new charter for the City of Americus.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1631. By Representative Poag of the 3rd:
A bill to provide a new charter for the City of Varnell.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1632. By Representatives Brush of the 83rd and Williams of the 90th:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to application for a homestead exemption, so as to provide that the owner of a homestead located in a retirement community permanently fixed to the property and which is on land or property owned by another under a lease agreement shall be entitled to a homestead exemption.
Referred to the Committee on Ways & Means.

WEDNESDAY, FEBRUARY 12, 1992

773

HB 1633. By Representatives Alford of the 57th and Pettit of the 19th:
A bill to amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission, so as to provide that the jurisdiction of the Public Service Commission shall not extend to persons or companies engaged in the retail sale of natural gas to the public for use as a fuel in motor vehicles.
Referred to the Committee on Industry.

HB 1634. By Representatives Martin of the 26th, Thomas of the 31st, Valenti of the 52nd and Teper of the 46th:
A bill to amend Code Section 12-5-29.1 of the Official Code of Georgia Annotated, relating to combined sewer overflow and plans for elimination or treatment of sewage overflow, so as to provide an extended period for compliance with standards and permits limits for CSO's for persons who submit modified, amended, or alternative plans which are more effective than previously submitted plans if such modified, amended, or alternative plans are approved.
Referred to the Committee on Natural Resources & Environment.

HB 1635. By Representatives Brush of the 83rd, Ricketson of the 82nd, Williams of the 90th and Cheeks of the 89th:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in felony cases, so as to provide for an equal number of peremptory challenges by the defendant and the prosecuting attorney.
Referred to the Committee on Judiciary.

HB 1636. By Representatives Adams of the 79th, Branch of the 137th, Moody of the 153rd, Smith of the 16th, McKelvey of the 15th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain excise taxes on distilled spirits, beer, and wine.
Referred to the Committee on Regulated Beverages.

HB 1637. By Representatives Barfoot of the 120th, Porter of the 119th, Canty of the 38th, Coleman of the 118th and Moody of the 153rd:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of auctioneers, and to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of used motor vehicle dealers, so as to provide that consumers who purchase used motor vehicles from a licensed auctioneer may recover from the auctioneers education, research, and recovery fund.
Referred to the Committee on Industry.

774

JOURNAL OF THE HOUSE,

HB 1638. By Representatives Kingston of the 125th, Hamilton of the 124th, Bordeaux of the 122nd, Dixon of the 128th, Pelote of the 127th and others:
A bill to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to defenses to criminal prosecutions, so as to provide that any person using force intended or likely to cause death or great bodily injury within such person's habitation shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to such person, a member of such person's family, or a member of such person's household when force is used.
Referred to the Committee on Judiciary.

HB 1639. By Representatives Adams of the 79th, McBee of the 68th, Branch of the 137th, Smith of the 16th, Herbert of the 76th and others:
A bill to amend Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to the excise tax on cigars and cigarettes, so as to change the excise tax on cigarettes.
Referred to the Committee on Ways & Means.

HB 1640. By Representatives Bordeaux of the 122nd, Lucas of the 102nd, Stanley of the 33rd, Connell of the 87th and Oliver of the 53rd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to prohibit unlicensed personal care home operators from making certain representations regarding services.
Referred to the Committee on Human Relations & Aging.

HB 1641. By Representatives Street of the 139th, Jenkins of the 80th, Walker of the 113th, Twiggs of the 4th and Ray of the 98th:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to add a member to the council.
Referred to the Committee on Public Safety.

HB 1642. By Representatives Streat of the 139th, Jenkins of the 80th, Walker of the 113th, Ray of the 98th and Holland of the 136th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Fire Sprinkler Act," so as to provide for an order to cease and desist violation of rules and regulations; to provide for revocation of a new certificate of competency; to provide additional grounds for revocation or suspension of a certificate of competency.
Referred to the Committee on Industry.

HB 1643. By Representative Jones of the 71st:
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 splitting of certain counties between telephone area codes when new area codes are established.
Referred to the Committee on Industry.

WEDNESDAY, FEBRUARY 12, 1992

775

HB 1644. By Representative Jones of the 71st:
A bill to amend Code Section 21-3-105 of the Official Code of Georgia Annotated, relating to notice of intent of write-in candidates in general or special municipal elections and filing of an affidavit of intention of candidacy, so as to change the provisions relative to the person to whom a notice of intention of candidacy must be given.
Referred to the Committee on Governmental Affairs.

HB 1646. 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, so as to provide for the filing of rate modifications on individual accident and sickness policies with the Commissioner of Insurance; to provide for the filing of loss ratio guarantees with the Commissioner.
Referred to the Committee on Insurance.

HB 1647. By Representatives Watts of the 41st, Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and others:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that no pamphlet, booklet, brochure, or other promotional or informational publication printed by any agency or department of the executive branch shall contain in or on its cover, title page, table of contents, foreword, or other similar location the name of any official of the executive branch.
Referred to the Committee on Rules.

HB 1648. By Representatives Hammond of the 20th, Groover of the 99th, Walker of the 115th, Watts of the 41st, Heard of the 43rd and others:
A bill to amend Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to codes of ethics and conflicts of interest, so as to require certain public officers and registered agents to attend ethics training courses.
Referred to the Committee on Judiciary.

HB 1649. By Representatives Baker of the 51st, Chambless of the 133rd, Oliver of the 53rd and Pettit of the 19th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for required qualification of foreign limited liability companies; to provide for a definition; to provide for the laws governing a foreign limited liability company.
Referred to the Committee on Judiciary.

HB 1650. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th, Harris of the 84th, Bargeron of the 108th and others:
A bill to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding social services, so as to establish the Home Delivered Meals and Transportation Services for the Elderly Fund.
Referred to the Committee on Human Relations & Aging.

776

JOURNAL OF THE HOUSE,

HB 1651. By Representatives Bates of the 141st, Long of the 142nd, Titus of the 143rd, Purcell of the 129th and Royal of the 144th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs for judges of the probate courts, so as to repeal subsections providing for a different schedule of costs for judges of the probate courts in counties having a population of not less than 25,400 nor more than 25,900, and in counties having a population of not less than 38,000 nor more than 38,200 according to .the United States decennial census of 1980 or any future such census.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1652. By Representatives Bates of the 141st, Murphy of the 18th, Streat of the 139th, Barnett of the 10th, Purcell of the 129th and others:
A bill to amend an Act to abolish the office of county treasurer in counties having a population of not less than 25,250 and not greater than 28,250 according to the U. S. Census of 1960 or any such future census, so as to repeal said Act.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1653. By Representatives Martin of the 26th, Oliver of the 53rd and Orrock of the 30th:
A bill to amend an Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties," so as to provide for the creation of joint city-county boards of equalization.
Referred to the Committee on Ways & Means.

HB 1654. By Representatives Martin of the 26th and Orrock of the 30th:
A bill to provide a homestead exemption from all Fulton County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1655. By Representatives Buck of the 95th, Harris of the 84th and Birdsong of the 104th:
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 1656. By Representative Groover of the 99th:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the relationship of agency, so as to revise and clarify the provisions relating to the formality necessary to create agency.
Referred to the Committee on Judiciary.

WEDNESDAY, FEBRUARY 12, 1992

777

HB 1657. By Representative Hanner of the 131st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1658. By Representative Watson of the 114th:
A bill to amend Code Section 34-26-6 of the Official Code of Georgia Annotated, relating to specific powers and duties of the Commissioner of Labor, so as to provide that the Commissioner of Labor shall have the power, jurisdiction, and authority to initiate and continue to operate an ongoing educational assistance program to include high school through graduate levels for qualified Department of Labor personnel.
Referred to the Committee on Industry.

HR 838. By Representative Morsberger of the 62nd: A resolution designating March as Seabees Month in Georgia.
Referred to the Committee on Rules.

HR 839. By Representatives Twiggs of the 4th and Colwell of the 4th: A resolution designating the Riley C. Thurmond Bridge.
Referred to the Committee on Transportation.

HR 840. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Chambless of the 133rd, Dover of the llth and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the dedication and deposit of revenues from specified sources into an Indigent Care Trust Fund; to provide that moneys in the fund shall be exclusively used for primary health care programs for medically indigent citizens and children, for expansion of Medicaid eligibility and services.
Referred to the Committee on Appropriations.

HR 841. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 844. By Representatives Brush of the 83rd, Harris of the 84th, Williams of the 90th and Padgett of the 86th:
A resolution creating the Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops.
Referred to the Committee on Motor Vehicles.

778

JOURNAL OF THE HOUSE,

HR 859. By Representatives Hammond of the 20th, Groover of the 99th, Walker of the 115th, Watts of the 41st, Pettit of the 19th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for ethics training for any or all state or local public officers of the legislative, judicial, or executive branches of government.
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 1596 HB 1597 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 1611 HB 1612 HB 1613 HB 1614

HB 1624 HB 1645 HR 843 HR 845 SB 341 SB 465 SB 471 SB 478 SB 548 SB 556 SB 570 SB 574 SB 575 SB 576 SB 577 SR 378 SR 379 SR 380 SR 381

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 1322 Do Pass, by Substitute HB 1365 Do Pass, as Amended
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 of the House and has instructed me to report the same back to the House with the following recommendations:

WEDNESDAY, FEBRUARY 12, 1992

779

HB 1566 Do Pass HB 1571 Do Pass, as Amended

HB 1572 Do Pass HB 1573 Do Pass
Respectfully submitted, 1st Childers of the 15th
Chairman

Representative Dunn of the 73rd 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 1344 Do Pass, by Substitute HB 1476 Do Pass, by Substitute
Respectfully submitted, /s/ Dunn of the 73rd
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 1607 Do Pass
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 1310 Do Pass HB 1367 Do Pass, by Substitute

HB 1578 Do Pass HB 1581 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:

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JOURNAL OF THE HOUSE,

HB 1310.

By Representative Birdsong of the 104th:
A bill to amend an Act placing certain restrictions upon the placement and location of refuse receptacles by certain counties, so as to change the population figures describing the counties affected; to provide that such provision shall remain applicable to Twiggs 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 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1367.

By Representatives Lee of the 72nd, Benefield of the 72nd, King of the 72nd, Chafin of the 72nd and Buckner of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to modify the description of the education districts to reflect the 1990 census fig-

The following Committee substitute was read and adopted:
A BILL
To amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), so as to modify the description of the education districts to reflect the 1990 census figures; to provide definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), is amended by striking in their entirety paragraphs (1) and (2) of subsection (b) of Section 1 and inserting in lieu thereof the following:
"(1) For purposes of electing members of the board, the Clayton County School District is divided into nine education districts, as follows:
Education District: 1
CLAYTON COUNTY VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0025 PAN HANDLE VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0406.04 Block(s): 302, 304, 319, 323, 324, 401, 403, 404, 406, 407, 409, 415A, 417, 424A, 425, 531A VTD: 0039 JONESBORO 10 (Part) Tract: 0406.04

WEDNESDAY, FEBRUARY 12, 1992

781

Block(s): 308C, 308D, 308F, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336
Tract: 0406.07 Block(s): 109
Education District: 2
CLAYTON COUNTY VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2 VTD: 0027 RIVERDALE 2 (Part) Tract: 0405.05 Block(s): 610B Tract: 0405.07 Block(s): 319, 320, 321, 322, 323 VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 119B Tract: 0405.06 Block(s): 201, 202, 203, 204, 205, 206, 207A, 208, 209, 210, 211A, 213, 214 VTD: 0030 RIVERDALE 5 (Part) Tract: 0405.06 Block(s): 301A, 301B, 301C, 302, 303A, 303B, 304, 305, 306, 307A, 307B, 308, 309, 310, 311A, 311B, 311C, 311D, 312, 313A, 313B, 314 VTD: 0040 JONESBORO 12
Education District: 3
CLAYTON COUNTY VTD: 0024 OAK 2 AND OAK 3 (Part) Tract: 0402. Block(s): 210, 215, 216 Tract: 0405.04 Block(s): 105, 106, 107, 108, 109, 110, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 418 VTD: 0026 RIVERDALE 1 VTD: 0027 RIVERDALE 2 (Part) Tract: 0405.05 Block(s): 601A, 601B, 602, 603, 604, 605, 606, 607, 608, 609A, 609B, 610A, 611, 612, 613, 614 Tract: 0405.07 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318 VTD: 0028 RIVERDALE 3 VTD: 0033 RIVERDALE 8
Education District: 4
CLAYTON COUNTY VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 113, 114, 117, 118, 119, 201, 202, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311, 312A, 312B, 312C, 313, 314, 315, 316, 401, 405, 406, 407, 408, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517 Tract: 0403.02

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Block(s): 101A, 101B, 101C, 102, 112, 505, 508A, 508B, 512, 513, 514, 515, 516, 518, 524, 525
VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 102A, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206A, 206B, 211, 213, 604A, 604B, 605, 606, 607, 608, 609, 610, 611, 612A, 612B, 612C
VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 921, 922, 923, 933 Tract: 0403.04 Block(s): 224, 303, 304, 306, 308, 311, 322, 323, 324, 326, 334 Tract: 0403.05 Block(s): 301, 302, 308A, 308B
VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 305
VTD: 0017 ADAMSON MORROW 1 (Part) Tract: 0403.03 Block(s): 102B Tract: 0404.02 Block(s): 103, 112
VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 (Part)
Tract: 0402. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 201, 202, 203, 204, 205, 206, 207, 208, 209A, 209B, 211A, 211B, 212A, 212B, 213A, 213B, 213C, 213D, 213E, 214A, 214B, 919, 920
Tract: 0405.03 Block(s): 401
Tract: 0405.04 Block(s): 101, 102, 103, 104
Education District: 5
CLAYTON COUNTY VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 114, 115, 116, 117A, 117B, 118, 119A, 119C, 119D, 122, 125, 126 Tract: 0405.06 Block(s): 211B, 211C, 212, 215, 216 VTD: 0030 RIVERDALE 5 (Part) Tract: 0405.06 Block(s): 207B, 207C, 207D, 401, 402, 403, 404, 405, 406, 407, 408, 409 VTD: 0031 RIVERDALE 6 (Part) Tract: 0404.05 Block(s): 301, 302, 303, 304, 305, 306, 307 VTD: 0032 RIVERDALE 7 (Part) Tract: 0405.03 Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 120, 121, 123 VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.05 Block(s): 308, 309 Tract: 0406.04 Block(s): 413A, 413B, 414, 415B, 418, 419, 424B, 426, 501, 502, 503, 506, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 520,

WEDNESDAY, FEBRUARY 12, 1992

783

522, 523, 524, 525, 528, 529, 531B, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611 VTD: 0039 JONESBORO 10 (Part) Tract: 0405.07 Block(s): 101, 102, 103, 104, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 Tract: 0405.08 Block(s): 501, 517, 518, 519, 520, 521, 522
Education District: 6
CLAYTON COUNTY VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 (Part) Tract: 0404.03 Block(s): 206A, 206C, 211, 212A, 212B, 214A, 214B, 217, 218, 220, 221A, 221B, 222, 223, 224 Tract: 0406.03 Block(s): 401, 402, 403, 404, 405, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603B, 604, 605, 606B, 607, 609 VTD: 0013 JONESBORO 8 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 (Part) Tract: 0403.05 Block(s): 127B Tract: 0404.01 Block(s): 402, 403, 404, 405, 417A, 418B, 420 Tract: 0404.06 Block(s): 102A, 104, 105, 133 VTD: 0031 RIVERDALE 6 (Part) Tract: 0404.06 Block(s): 903 VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.06 Block(s): 201, 202, 203, 218, 219, 220, 234, 235, 236, 237, 901, 902A, 902B, 904, 905, 906, 907A, 907B, 908, 909, 914, 915, 916, 917, 918, 923, 924, 925A, 925B, 929, 931, 933 Tract: 0406.04 Block(s): 301A, 301B, 402A, 402B, 405, 408, 410, 411, 412, 416, 420, 423, 504, 505A, 505B VTD: 0042 JONESBORO 11
Education District: 7
CLAYTON COUNTY VTD: 0004 FOREST PARK 3 (Part) Tract: 0403.04 Block(s): 202, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 225, 226, 227, 229, 230, 231, 232, 233 Tract: 0403.05 Block(s): 307A, 307B, 310, 311 VTD: 0005 FOREST PARK 4 (Part) Tract: 0403.05 Block(s): 101, 102, 103, 106, 109, 123A, 124, 210, 211, 212, 213 VTD: 0006 FORES PARK 5 (Part) Tract: 0403.05 Block(s): 201A, 201B, 202, 203, 204, 205, 206, 207, 208A, 208B, 208C, 209, 214, 215, 216, 217A, 217B, 217C, 217D, 218, 219, 220,

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303, 304, 306, 309, 312, 313A, 313B, 314A, 314B, 315, 316, 317 Tract: 0404.05 Block(s): 101, 102, 103, 104, 105, 109, 110, 119A, 119B, 120, 121, 122, 123, 124, 126, 127, 128, 129 Tract: 0404.06 Block(s): 103, 106, 107, 108, 109, 110, 113, 115, 116, 117, 130, 131, 132, 135A, 135B, 136 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 (Part) Tract: 0403.05 Block(s): 104A, 104B, 104C, 105, 107, 110, 111, 112, 117, 118, 119, 121, 122A, 122B, 125, 126A, 126C, 127A Tract: 0404.06 Block(s): 102B VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 314A, 314B, 317 VTD: 0031 RIVERDALE 6 (Part) Tract: 0404.05 Block(s): 201, 202, 203, 204, 205, 208, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228 Tract: 0404.06 Block(s): 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 227, 228 VTD: 0032 RIVERDALE 7 (Part) Tract: 0404.05 Block(s): 106, 107, 108, 206, 207, 227 Tract: 0405.03 Block(s): 101, 102, 103, 301A, 301B, 313, 315, 316, 402A, 402B, 402C, 402D, 402E, 403, 404, 405
Education District: 8
CLAYTON COUNTY VTD: 0001 ELLENWOOD (Part) Tract: 0404.02 Block(s): 901, 902, 903, 913A, 913B, 914A, 914B, 915, 916, 917, 918, 919, 922, 923, 924, 926A, 926B, 926C, 927, 928, 929, 930, 945, 946 VTD: 0002 FOREST PARK 1 (Part) Tract: 0403.01 Block(s): 203, 204, 206, 207 Tract: 0403.02 Block(s): 104, 105, 106, 107, 108, 109A, 109B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 301, 302, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 501, 502, 503, 504, 506, 507, 509, 510, 511, 517A, 517B, 519A, 519B, 519C, 519D, 520, 521, 522, 523A, 523B, 526A, 526B, 527A, 527B Tract: 0403.03 Block(s): 308, 309, 310, 311, 312A, 312B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411 VTD: 0003 FOREST PARK 2 (Part) Tract: 0403.03 Block(s): 207, 208, 209A, 209B, 209C, 209D, 209E, 209F, 210, 212, 214, 215, 216, 217, 301A, 301B, 301C, 302, 304A, 304B, 304C,

WEDNESDAY, FEBRUARY 12, 1992

785

305A, 305B, 306, 313A, 313B, 313C, 313D, 315A, 315B, 315C, 315D, 316, 412, 413, 414, 501, 502, 503, 504, 506, 507, 508, 509, 510A, 510B, 510C, 511, 512, 514, 515, 601, 602, 603A,603B VTD: 0004 FOREST PARK 3 (Part) Tract: 0403.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 301, 302, 305, 307, 309, 310, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 325, 327, 328, 329, 330, 331, 332, 333 VTD: 0005 FOREST PARK 4 (Part) Tract: 0403.05 Block(s): 123B Tract: 0404.01 Block(s): 316, 317, 318, 319, 320, 321, 322, 324, 325, 326, 330, 331, 332, 333, 334, 335, 336, 337, 417B, 418A, 421 VTD: 0017 ADAMSON MORROW 1 (Part) Tract: 0403.03 Block(s): 101 Tract: 0404.02 Block(s): 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209, 210, 801, 802, 803, 904, 905, 906, 907, 910, 912, 925A, 925B, 925C VTD: 0041 LAKE CITY 1
Education District: 9
CLAYTON COUNTY VTD: 0001 ELLENWOOD (Part) Tract: 0404.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 404, 407, 501, 505, 908, 909, 911, 920, 921, 938, 939, 940, 941, 942, 943, 949, 950 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 (Part) Tract: 0403.05 Block(s): 126B Tract: 0404.01 Block(s): 401, 506, 507A, 509, 510A, 511, 512, 513, 515A, 515B, 515C Tract: 0404.03 Block(s): 203, 204, 205, 206B, 206D, 207, 208, 209, 210A, 210B, 213, 215, 219, 225 Tract: 0404.06 Block(s): 101 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5
(2) For purposes of this subsection: (A) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(B) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(C) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;

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(D) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(E) Any part of Clayton County which is not included in any education district described in this subsection shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(F) Any part of Clayton County which is described in this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Clayton County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1578.

By Representatives Groover of the 99th, Lucas of the 102nd, Pinkston of the 100th, Elliott of the 103rd and Randall of the 101st:
A bill to approve the transfer of the intake and probation services of the Juvenile Court of Bibb County to the Department of Human Resources to become a part of the state-wide juvenile intake and probation services and fully funded through the department.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1581.

By Representatives Clark of the 13th and Powell of the 13th:
A bill to provide for homestead exemptions from Franklin County ad valorem taxes for county purposes and from Franklin County School District ad valorem taxes for educational purposes for certain residents of that county and school district.

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

WEDNESDAY, FEBRUARY 12, 1992

787

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett,B Y Barnett.M
Bates Y Realty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Canty Y Carrell Y Carter Cauthorn Y Chafin Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman
Colwell Connell Y Culbreth Cummings,B Cummings,M Y Davis.D Davis.G Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Stanley Y Streat Y Taylor Y Teper Y Thomas.C Thomas.M Y Thomas.N Y Thurmond Y Titus Tolbert Y Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Williams.R 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.

Representatives Davis of the 45th and Mills of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

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

SB 10. By Senator Shumake of the 39th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a municipal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.

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SB 492. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a judge shall permit authorized representatives of the Children and Youth Coordinating Council to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court.
SB 526. By Senator Moye of the 34th:
A bill to amend Code Section 16-8-16 of the Official Code of Georgia Annotated, relating to the crime of theft by extortion, so as to provide that any person who commits the offense of theft by extortion against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
SB 529. By Senator Edge of the 28th:
A bill to amend Code Section 47-10-100 of the Official Code of Georgia Annotated, relating to retirement age and retirement benefits under the Trial Judges and Solicitors Retirement Fund, so as to provide that any member who remains in office after he attains the age of 70 years, thereby forfeiting all rights to receive any benefits under such fund, may cease contributions made to such fund.
SB 533. By Senators Ragan of the 10th, Newbill of the 56th, Timmons of the llth and others:
A bill to amend Code Section 20-2-293 of the Official Code of Georgia Annotated, relating to a student attending school in a system other than system of student's residence, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a full-time professional or other employee.
SB 534. By Senators Walker of the 22nd, Dean of the 31st and Garner of the 30th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to require each agency subject to the "Georgia Administrative Procedure Act" to prepare a synopsis of any proposed rule; to require the synopsis to be distributed with any proposed rule; to require the synopsis to contain certain information regarding the proposed rule.
SB 541. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to define certain terms; to provide that no state agency shall expend any public funds for personal services rendered by a retired state employee or official for a certain period following retirement; to provide for exceptions.
SB 543. By Senators Gillis of the 20th, Dean of the 31st and Hooks of the 14th:
A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative findings and purpose; to define certain terms.

WEDNESDAY, FEBRUARY 12, 1992

789

SB 552. By Senators Perry of the 7th, Echols of the 6th and Ray of the 19th:
A bill to amend Code Section 45-2-21 of the Official Code of Georgia Annotated, relating to veterans entitled to additional points on civil service examination scores, so as to provide that members of the National Guard who served on active duty in an "area of imminent danger" during Operation Desert Shield or Operation Desert Storm shall be eligible for veterans' employment preference; to provide a definition.
SB 558. 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 563. By Senators Newbill of the 56th and Clay of the 37th:
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 and weapons, so as to change certain crimes relating to carrying to or while at school buildings or grounds or school functions certain weapons or explosive compounds and provide penalties therefor; to define a certain term; to provide exceptions.

SB 571. By Senator Foster of the 50th:
A bill to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to program weights and funding requirements used in the Quality Basic Education Formula, so as to provide that the program weights when multiplied by the base amount shall include funds to cover the costs of media center computer hardware and software.
SB 582. By Senator Kidd of the 25th:
A bill to amend Part 4 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to false advertising, so as to regulate advertising in which the terms "debt consolidation," "debt relief," or similar terms are used; to provide a penalty for any person violating such regulations; to provide an effective date.

SB 587. By Senators Thompson of the 33rd and Deal of the 49th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide a statement of legislative purpose; to define certain terms; to provide for the creation of a State Interagency Council and for matters relative thereto; to provide duties of the State School Superintendent; to provide duties of the State Board of Education; to provide for the grant of funds and for matters relative thereto.

HB 1188.

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

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JOURNAL OF THE HOUSE,

HB 1189.

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

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

SR 248. By Senators Gillis of the 20th, Johnson of the 47th, Hammill of the 3rd and others:
A resolution changing the name of Colonel's Island in Glynn County to Vandiver Island in honor of former Governor S. Ernest Vandiver.

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

HB 1173.

By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act reconstituting the Board of Education of Jones County, so as to change the composition of education districts from which members are elected.

HB 1251.

By Representatives Floyd of the 154th and Purcell of the 129th:
A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for a seven-member board of commissioners consisting of one county-wide district from which the chairman shall be elected and six single-member districts from which the other six members shall be severally elected.

HB 1252. By Representatives Floyd of the 154th and Purcell of the 129th: A bill to create the board of education of the Liberty County School District.

HB 1253.

By Representative Purcell of the 129th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to provide that the governing authority of Effingham County shall consist of six commissioners.

HB 1257. By Representatives Bostick of the 138th and Carter of the 146th: A bill to provide a new charter for the City of Ty Ty.

HB 1269.

By Representative Streat of the 139th:
A bill to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, so as to retain two-year concurrent terms of office for the mayor and members of the city council.

HB 1316. By Representative Reaves of the 147th: A bill to provide a new charter for the City of Dasher.

WEDNESDAY, FEBRUARY 12, 1992

791

HB 1317. By Representative Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Lake Park, so as to change certain provisions relating to time of election.

HB 1321.

By Representative Barnett of the 10th:
A bill to amend an Act creating a board of commissioners for Forsyth County, so as to change the dollar amount of purchases which can be made without the necessity of receiving bids.

HB 1353.

By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a Board of Commissioners for Hall County, as amended, so as to change certain expense allowances for members of said board.

HB 1403.

By Representatives Hammond of the 20th, Aiken of the 21st, Atkins of the 21st, Mills of the 20th, Cauthorn of the 20th and others:
A bill to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to change the dates of expiration of the terms of office of board members.

HB 1413.

By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change the compensation of the chairperson and other members of the board of commissioners.

HB 1430. By Representative Meadows of the 91st:
A bill to amend an Act placing the clerk of the Superior Court of Talbot County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the clerk of the superior court.

HB 1431.

By Representative Meadows of the 91st:
A bill to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commissioner.

HB 1432.

By Representative Meadows of the 91st:
A bill to amend an Act changing the compensation of the sheriff of Talbot County from the fee system to the salary system, so as to change the compensation of the sheriff.

HB 1433.

By Representative Meadows of the 91st:
A bill to abolish the present method of compensating the judge of the Probate Court of Talbot County, known as the fee system; to provide in lieu thereof an annual salary.

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

792

JOURNAL OF THE HOUSE,

HB 1244. By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the composition of the commissioner districts from which members of the board are elected.

HB 1245. By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the members of the board are elected.

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

SB 535. By Senators Johnson of the 47th, Garner of the 30th, Deal of the 49th 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 comprehensive revision of provisions regarding the review, continuation, reestablishment, or termination of certain regulatory agencies; to provide for legislative intent; to provide for a definition.

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

SB 10. By Senator Shumake of the 39th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a municipal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.
Referred to the Committee on State Planning & Community Affairs.

SB 492. By Senator Deal of the 49th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a judge shall permit authorized representatives of the Children and Youth Coordinating Council to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court.
Referred to the Committee on Judiciary.

SB 526. By Senator Moye of the 34th:
A bill to amend Code Section 16-8-16 of the Official Code of Georgia Annotated, relating to the crime of theft by extortion, so as to provide that any person who commits the offense of theft by extortion against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
Referred to the Committee on Special Judiciary.

WEDNESDAY, FEBRUARY 12, 1992

793

SB 529. By Senator Edge of the 28th:
A bill to amend Code Section 47-10-100 of the Official Code of Georgia Annotated, relating to retirement age and retirement benefits under the Trial Judges and Solicitors Retirement Fund, so as to provide that any member who remains in office after he attains the age of 70 years, thereby forfeiting all rights to receive any benefits under such fund, may cease contributions made to such fund.
Referred to the Committee on Retirement.

SB 533. By Senators Ragan of the 10th, Newbill of the 56th, Timmons of the llth and others:
A bill to amend Code Section 20-2-293 of the Official Code of Georgia Annotated, relating to a student attending school in a system other than system of student's residence, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a full-time professional or other employee.
Referred to the Committee on Education.

SB 534. By Senators Walker of the 22nd, Dean of the 31st and Garner of the 30th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to require each agency subject to the "Georgia Administrative Procedure Act" to prepare a synopsis of any proposed rule; to require the synopsis to be distributed with any proposed rule; to require the synopsis to contain certain information regarding the proposed rule.
Referred to the Committee on State Planning & Community Affairs.

SB 535. By Senators Johnson of the 47th, Garner of the 30th, Deal of the 49th 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 comprehensive revision of provisions regarding the review, continuation, reestablishment, or termination of certain regulatory agencies; to provide for legislative intent; to provide for a definition.
Referred to the Committee on Industry.

SB 541. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to define certain terms; to provide that no state agency shall expend any public funds for personal services rendered by a retired state employee or official for a certain period following retirement; to provide for exceptions.
Referred to the Committee on Rules.

794

JOURNAL OF THE HOUSE,

SB 543. By Senators Gillis of the 20th, Dean of the 31st and Hooks of the 14th:
A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative findings and purpose; to define certain terms.
Referred to the Committee on Natural Resources & Environment.

SB 552. By Senators Perry of the 7th, Echols of the 6th and Ray of the 19th:
A bill to amend Code Section 45-2-21 of the Official Code of Georgia Annotated, relating to veterans entitled to additional points on civil service examination scores, so as to provide that members of the National Guard who served on active duty in an "area of imminent danger" during Operation Desert Shield or Operation Desert Storm shall be eligible for veterans' employment preference; to provide a definition.
Referred to the Committee on Defense & Veterans Affairs.

SB 558. 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 State Planning & Community Affairs.

SB 563. By Senators Newbill of the 56th and Clay of the 37th:
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 and weapons, so as to change certain crimes relating to carrying to or while at school buildings or grounds or school functions certain weapons or explosive compounds and provide penalties therefor; to define a certain term; to provide exceptions.
Referred to the Committee on Judiciary.

SB 571. By Senator Foster of the 50th:
A bill to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to program weights and funding requirements used in the Quality Basic Education Formula, so as to provide that the program weights when multiplied by the base amount shall include funds to cover the costs of media center computer hardware and software.
Referred to the Committee on Education.

SB 582. By Senator Kidd of the 25th:
A bill to amend Part 4 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to false advertising, so as to regulate advertising in which the terms "debt consolidation," "debt relief," or similar terms are used; to provide a penalty for any person violating such regulations; to provide an effective date.
Referred to the Committee on Judiciary.

WEDNESDAY, FEBRUARY 12, 1992

795

SB 587. By Senators Thompson of the 33rd and Deal of the 49th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide a statement of legislative purpose; to define certain terms; to provide for the creation of a State Interagency Council and for matters relative thereto; to provide duties of the State School Superintendent; to provide duties of the State Board of Education; to provide for the grant of funds and for matters relative thereto.
Referred to the Committee on Education.

SR 248. By Senators Gillis of the 20th, Johnson of the 47th, Hammill of the 3rd and others:
A resolution changing the name of Colonel's Island in Glynn County to Vandiver Island in honor of former Governor S. Ernest Vandiver.
Referred to the Committee on State Institutions & Property.

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

HB 1262.

By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1991-1992.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1262

The Committee of Conference on HB 1262 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1262 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

1st C. Donald Johnson Senator, 47th District

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

/s/ J. Nathan Deal Senator, 49th District

/s/ Larry Walker Representative, 115th District

/s/ J. Wayne Garner Senator, 30th District

/s/ Thomas B. Buck, III Representative, 95th District

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act", approved April 24, 1991 (Ga. L. 1991, p. 1944), as amended by an Act approved September 5, 1991 (Act EX 1, HB 1-EX), so as to change certain appropriations for the State Fiscal Year 1991-1992; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

796

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1991-1992, as amended, known as the "General Appropriations Act" approved April 24, 1991 (Ga. L. 1991, p. 1944), as amended by an Act approved September 5, 1991 (Act EX 1, HB 1-EX), is further amended by striking everything following the enacting clause through Section 84, 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, 1991, and ending June 30, 1992, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $7,390,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1992.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: General Assembly...........
Personal Services - Staff.................. 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 AccountTotal Funds Budgeted...................... State Funds Budgeted......................

21,863,995 10,467,421
3,495,417 2,651,927
98,000 7,000
0 232,000 461,000
5,000 720,000
241,389
2,291,841 65,000
1,128,000 21,863,995 21,863,995

Senate Functional Budgets

Total Funds

State Funds

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

$

3,987,618

$

634,359

$

1,083,571

$

5,705,548

3,987,618 634,359
1,083,571 5,705,548

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

$

8,148,794

$

417,640

$

1,075,745

$

9,642,179

8,148,794
417,640 1,075,745 9,642,179

WEDNESDAY, FEBRUARY 12, 1992

797

Joint Functional Budgets

Total Funds

State Funds

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

$

2,213,040

$

2,320,557

$

827,131

$

1,155,540

$

6,516,268

$

2,213,040

$

2,320,557

$

827,131

$

1,155,540

$

6,516,268

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

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

15,005,504
12,481,522 394,333 527,149 104,000 9,486 800,006 37,000 550,433 101,575
15,005,504 15,005,504

798

JOURNAL OF THE HOUSE,

PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court..................
Personal Services................................ Operating Expenses ........................... Total Funds Budgeted....................... State Funds Budgeted.......................
Section 4. Court of Appeals. Budget Unit: Court of Appeals ..............
Personal Services................................ Operating Expenses........................... Total Funds Budgeted....................... State Funds Budgeted.......................
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.......................
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 of Magistrate Court Judges................................... Payment to Council of Probate Court Judges................................... Payment to Council of State Court Judges................................... Payment to Resource Center............ Payment to Computerized Information Network.....................

4,453,544
4,005,302
1,090,242 5,095,544 4,453,544
5,458,995 4,843,995
615,000 5,458,995 5,458,995
41,659,778 40,234,476
1,616,148 153,679
120,027
1,045,755 15,000
43,185,085 41,659,778
817,431
592,000 456,000
136,000 592,000 592,000
1,896,572 894,738
76,500 101,160
26,000
20,000
12,000 240,000
663,101

WEDNESDAY, FEBRUARY 12, 1992

799

Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

2,033,499 1,896,572

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................$

123,179

Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council. .....................................................................$

1,003,292

PART III.

EXECUTIVE BRANCH

Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services .........................................$ Administration and Services Budget:
Personal Services.............................................................................$
Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................!
Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Rents and Maintenance Expense .................................................$ Utilities.............................................................................................! Payments to DOAS Fiscal
Administration.............................................................................! Direct Payments to Georgia
Building Authority for Capital Outlay..............................................................................! Direct Payments to Georgia Building Authority for Operations....................................................................................! Telephone Billings ..........................................................................$ Radio 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....................................................................!

30,529,224
46,598,198 11,709,854
278,371 111,000 1,506,330 7,799,681 3,694,231 1,687,807 441,800 10,751,716 38,550
2,750,000
0
90,000 41,921,344
122,748 16,500,000
0
33,840
0
0 0 0 146,035,470 30,529,224

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission Departmental Administration

465,554 2,459,919

465,554 2,426,585

800

JOURNAL OF THE HOUSE,

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

$

8,436,478

$

16,837,596

$

2,773,692

$

769,762

$

487,029

$

45,977,414

$

3,639,429

$

52,679,830

$

6,668,677

$

1,686,350

$

1,160,875

$

1,992,865

$ 146,035,470

$

5,686,478

$

0

$

2,773,692

$

0

$

487,029

$

12,851,949

$

0

$

5,837,937

$

0

$

0

$

0

$

0

$

30,529,224

B. Budget Unit: Georgia Building Georgia Building Authority Budget:

...............................$ ,..............................$

Travel..................................................................,..............................$ ,..............................$ ..............................$

Real Estate Rentals ..........................................

%

,..............................$

,..............................$

,..............................$ t

,..............................$

Fuel......................................................................,..............................$

Facilities Renovations

...............................a

Total Funds Budgeted.....................................................................$

State Funds Budgeted

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

0
19,992,285 4,978,651
11,253 215,000 113,635 58,121
17,704 121,010 151,880
0 7,466,638
235,030 0
0 33,361,207
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance
Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

0

$

1,820,131

$

0

$

5,072,831

$

0

$

4,514,072

$

0

$

5,075,055

$

0

$

397,335

$

0

$

5,416,374

$

0

$

9,478,577

$

0

$

1,586,832

$

0

$

0

$

0

$

33,361,207

Section 12. Agency for the Removal of Hazardous Materials.
Budget Unit: Agency for the Removal of Hazardous Materials ......... .............................~-... .$
Operations Budget:

94,101

WEDNESDAY, FEBRUARY 12, 1992

801

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

3,591,369 2,957,447
380,560 136,000
220,735 1,500 0
25,800 875,000
0 0 8,188,411 94,101

Section 13. 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.......................................................................................$ 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 ....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

31,564,595
28,558,625 3,509,486
915,115 483,197 90,500 285,676 731,153 366,401 167,211 700,000
2,331,253
1,707,926 343,900 115,000 184,000
516,672
315,000 0
40,000 40,000 41,401,115 31,564,595

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing General Field Forces Internal Administration

5,065,146 6,509,882 2,056,262 3,396,057 2,334,185

4,734,396 6,254,882 2,009,262 3,396,057 2,027,668

802

JOURNAL OF THE HOUSE,

Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

1,524,859 2,917,128
6,441,556 4,291,636 4,148,349
526,395 2,189,660 41,401,115

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Georgia Agrirama Development Authority Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ 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 ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

Section 15. Department of Community Affairs. Budget Unit: Department of
Community Affairs.................................................!
State Operations Budget: Personal Services.............................................................................!
Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...................................,...........................$
Equipment........................................................................................! Computer Charges...........................................................................!
Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Felony Expenses................................................................!
Contracts with Regional

1,524,859 2,908,628
4,690,962 1,604,872
519,349 0
1,893,660 31,564,595
740,746 169,060
5,864 0
10,755 500
7,933 48,081 110,340 95,000 1,188,279
0
6,836,248
5,620,648 285,026 287,873 101,700 25,334 239,550 216,893
54,724
4,500 6,836,248 6,836,248
13,281,243
5,265,526 265,133 147,850 0 2,605 80,275 516,379 51,850 97,000 0

WEDNESDAY, FEBRUARY 12, 1992

803

Development Commissions............. Local Assistance Grants...................... Appalachian Regional Commission
Assessment........................................ Community Development Block
Grants (Federal)............................... Music Hall of Fame............................. Georgia Music Week Promotion........ Local Development Fund.................... Payment to State Housing
Trust Fund........................................ Payment to Georgia Environmental
Facilities Authority for Operations .........................................
Total Funds Budgeted......................... State Funds Budgeted.........................

2,272,825 535,000
107,016
30,000,000 0 0
750,000
4,625,000
1,218,255 45,934,714 13,281,243

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Government Management Financial Assistance Government Information
Rural Development Coordinated Planning Total

$

10,097,881

$

1,094,728

$

31,948,730

$

1,171,573

$

472,027

$

1,149,775

$

45,934,714

8,767,907 1,094,728
957,237 1,122,847
451,223 887,301 13,281,243

Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation......................... Personal Services............................................ Regular Operating Expenses........................ Travel............................................................... Motor Vehicle Purchases.............................. Equipment....................................................... Computer Charges.......................................... Real Estate Rentals....................................... Telecommunications...................................... Per Diem, Fees and Contracts..................... Capital Outlay................................................ Utilities............................................................ Court Costs...................................................... County Subsidy.............................................. County Subsidy for Jails............................... 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

440,339,212 333,258,898 39,179,731
1,363,230 1,595,500 2,911,976 3,178,252 4,585,639 3,672,412 2,478,136
0 12,562,648
486,000 13,688,850 4,300,000
874,000
3,721,000
1,297,891
444,500 1,600,000 21,769,528
46,749

804

JOURNAL OF THE HOUSE,

Service Contracts...................... Minor Construction Fund........... Total Funds Budgeted................. Indirect DOAS Funding.............. Georgia Correctional Industries. State Funds Budgeted.................

100,000
0 453,114,940
450,000
0 440,339,212

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

51,820,601

$ 307,931,736

$

93,362,603

$ 453,114,940

$

50,951,472

$ 306,605,432

$

82,782,308

$ 440,339,212

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................................ Health Services Purchases..................... Total Funds Budgeted............................ State Funds Budgeted............................

34,653,740
27,882,494 1,178,187 776,315 0 150,753 390,576 2,347,294 991,321 303,000 608,800 25,000
34,653,740 34,653,740

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....................... Disaster Relief Payments....................... Total Funds Budgeted............................ State Funds Budgeted............................

4,785,100
8,157,439 4,258,955
73,307 0
40,300
15,325 6,260 153,473 171,633
1,044,200 55,000 40,000 0 0 0
14,015,892 4,785,100

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the

WEDNESDAY, FEBRUARY 12, 1992

Adjutant General Georgia Emergency
Management Agency Georgia Air National Guard Georgia Army National Guard Total

1,264,786
3,370,361 3,347,283 6,033,462 14,015,892

Section 18. 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 and
Professional Development..........................................................$ Media ................................................................................................$ Indirect Cost ....................................................................................$ Pupil Transportation......................................................................$ Local Fair Share..............................................................................$ Mid-Term Adjustment Reserve ....................................................$ QBE Grants Adjustment................................................................$ Other Categorical Grants: Equalization Formula.....................................................................$ Sparsity Grants................................................................................$ In School Suspension......................................................................$ Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................$ Health Insurance Rate Adjustment .............................................$ Non-QBE Grants: Education of Children of Low-
Income Families. ..........................................................................$ Retirement
(H.B. 272 and H.B. 1321) ..........................................................$ Instructional Services for
the Handicapped .........................................................................$ Tuition for the

805
1,194,583
943,976 500,323 2,146,218 4,785,100
2,774,342,032
37,982,400 4,106,945 1,167,804
0 434,002 3,792,309 2,457,175 1,455,897 13,149,856 704,609
0
719,498,471 605,771,455 264,890,870 87,474,254
89,287,647 215,255,751 29,839,020 50,047,140
23,585,190 80,020,842 628,365,328 120,050,951 (571,187,569) 55,953,952 (63,526,448)
135,717,983 3,421,565 17,401,363 35,652,283 40,954,763
303,161 0
176,909,000
3,500,000
23,722,237

806

JOURNAL OF THE HOUSE,

Multi-Handicapped........................ Severely Emotionally Disturbed ...... School Lunch (Federal)..................... School Lunch (State)......................... Supervision and Assessment of
Students and Beginning Teachers and PerformanceBased Certification......................... Regional Education Service Agencies............................. Georgia Learning Resources System.............................................. High School Program........................ Special Education in State Institutions............................ Governor's Scholarships.................... Special Projects .................................. Job Training Partnership Act.......... Vocational Research and Curriculum....................................... Salaries and Travel of Public Librarians............................ Public Library Materials................... Talking Book Centers........................ Public Library M & O....................... Child Care Lunch Program (Federal).......................... Chapter II - Block Grant Flow Through.................................. Payment of Federal Funds to Board of Technical and Adult 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) .......................................... Health Insurance - Non-Cert. Personnel and Retired Teachers. Pre-School Handicapped Program. Mentor Teachers............................... Nutrition Education Training......... Pre-Kindergarten Program.............. Duty-Free Lunch............................... Total Funds Budgeted...................... Indirect DOAS Services Funding... State Funds Budgeted......................
Education Functional Budgets
Total Funds

2,125,000 34,020,926 113,396,789 21,898,572
1,775,000
6,531,256
2,330,289 16,533,589
3,715,103 1,658,647
459,341 3,084,680
2,814,402
9,930,519 3,374,253
845,450 3,741,862
16,787,825
10,041,960
11,701,897 2,075,000
150,000
4,392,545 11,828,795
100,000
100,000
3,715,615
232,000
44,979,052 9,025,816
365,625 30,000
0 0 3,181,922,014 340,000 2,774,342,032
State Funds

WEDNESDAY, FEBRUARY 12, 1992

807

State Administration Instructional Programs Governor's Honors Program Administrative Services Special Services Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

4,410,611 24,337,396 1,303,421 9,852,991 9,457,347
797,193 3,116,671,017
4,274,207 6,301,632
4,516,199 3,181,922,014

Section 19. 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................................................ Total Funds Budgeted............................................ State Funds Budgeted............................................

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.............................................. Ware County Grant for Southern
Forest World........................................................ Ware County Grant for Road
Maintenance......................................................... Capital Outlay ......................................................... Total Funds Budgeted............................................ State Funds Budgeted............................................

Forestry Commission Functional Budgets

Total Funds

Reforestation Field Services

$

2,353,252

$

32,024,806

4,038,848 14,435,443
1,168,526 5,654,910 7,212,277
797,193 2,726,938,116
4,073,382 6,067,145
3,956,192 2,774,342,032

0
1,402,211 194,364 14,350 0 29,000 302,000 191,000 30,000 864,500 0
3,027,425 0
32,183,009
26,772,956 5,370,569
191,786 1,000,000 1,548,000
183,827 43,670 1,043,064 620,211 73,333
5,000
60,000 100,000 37,012,416 32,183,009

State Funds

$

874,852

$

28,873,799

JOURNAL OF THE HOUSE,

General Administration and Support
Total

2,634,358 37,012,416

2,434,358 32,183,009

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........................................................... Total Funds Budgeted.............................................. Total State Funds Budgeted...................................

34,949,176
26,671,867 2,463,040
550,832 565,374 543,383 1,134,651 1,857,515 1,397,255 796,431 459,804
0 36,440,152 34,949,176

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

2,981,939 8,908,102 10,244,168
6,676,998 7,628,945 36,440,152

2,981,939 8,296,931 10,113,718
6,377,053 7,179,535 34,949,176

Section 22. 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 and Youth Grants................. Juvenile Justice Grants........................ Payments to Hazardous Waste
Management Authority................... Georgia Crime Victims
Assistance Program ...........................

22,591,683 10,537,172
565,403 168,634
0 51,070 466,131 944,208 210,593 34,640,161 2,715,392 40,000 4,375,000 152,280 2,629,501 321,301 42,800
0 95,000 1,463,725

WEDNESDAY, FEBRUARY 12, 1992

809

Total Funds Budgeted.. State Funds Budgeted..

59,567,458 22,591,683

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 Council Criminal Justice
Coordinating Council Children and Youth
Coordinating Council Human Relations Commission Governor's Commission on Drug
Awareness and Prevention Professional Standards
Commission Total

7,282,672
808,955
4,514,350 3,571,567 2,224,223 34,318,200
316,797
513,137
672,704
1,935,851 157,564
546,510
2,704,928 59,567,458

7,282,672
699,185
4,514,350 3,054,389 2,224,223
311,086
115,043
513,137
322,538
692,568 157,564
2,704,928 22,591,683

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........................................... Equipment.................................................................... Real Estate Rentals.................................................... Per Diem, Fees and Contracts .................................. Computer Charges....................................................... Telecommunications................................................... Special Purpose Contracts......................................... Service Benefits for Children.................................... Purchase of Service Contracts .................................. Institutional Repairs
and Maintenance..................................................... Postage.......................................................................... Payments to DMA-Community Care....................... Total Funds Budgeted................................................ Indirect DOAS Services Funding............................. State Funds Budgeted ................................................

533,561,913
66,350,738 3,189,828 1,463,197
842,772 210,950 5,888,337 4,072,862 4,155,234 1,426,831 258,000 13,954,848 37,051,582
89,155 1,673,885 11,953,772 152,581,991
638,300 67,612,198

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

714,296

714,296

810

JOURNAL OF THE HOUSE,

Budget Administration Community/Intergovernmental
Affairs Special Projects Office of Children
and Youth Planning Councils Community Services
Block Grant Administrative Policy Administrative Support
Service Facilities Management Administrative Appeals Regulatory Services
Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Child Support Recovery Financial Services Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning Agency Total

1,730,237
540,896 494,000
13,954,848 510,859
8,973,051 205,524
13,268,588 5,005,439 1,796,365
731,049 2,636,600
6,854,549 5,784,110 35,508,208 5,175,814 1,910,539 1,837,669
0 462,581 43,069,906
1,416,863 152,581,991

2. Public Health Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications......................................................................^ Crippled Children's Benefits .........................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................$ Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants................................................................................$ Family Planning Benefits ..............................................................$ Crippled Children's Clinics............................................................$ Special Purpose Contracts.............................................................$ Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties...............................................................$ Postage..............................................................................................$ Grants for Regional Maternal and Infant Care..........................................................$ Total Funds Budgeted....................................................................$
Indirect DOAS Services Funding .................................................$

1,730,237
540,896 494,000
13,435,004 154,604
0 205,524
12,314,232 3,546,568 1,796,365
721,049 2,636,600
1,873,997 761,678
3,773,429 4,975,814 1,910,539 1,837,669 (6,775,794)
462,581 19,146,047
1,356,863 67,612,198
51,716,729 65,294,432
1,177,397 13,303 70,807
1,223,225 3,677,267
588,143 754,899 7,600,000 77,000 1,519,470
625,000 515,582 640,000 5,745,534 10,058,491 69,252,006 143,596
819,394 221,512,275
549,718

WEDNESDAY, FEBRUARY 12, 1992

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

Public Health Functional Budgets

Total Funds

District Health Administration
Newborn Follow-Up Care Dental Health Stroke and Heart
Attack Prevention Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Sexually Transmitted
Diseases Family Planning Malnutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis
Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Employees' Health Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management Aids Vaccines Total

10,587,486 950,709
1,440,630
1,952,437
3,353,989
2,336,995
3,513,091 9,633,570 63,961,360 54,421,872 12,267,111 2,914,377 1,262,923
977,075
704,420
2,409,401 4,681,510 3,411,390 6,835,140
864,828 687,533 2,604,460 917,295 312,758 1,054,800 1,747,900 847,356 1,034,857 5,384,618 3,321,969 480,448 6,144,548 8,493,419 221,512,275

3. Rehabilitation Services Budget: Personal Services........................ Regular Operating Expenses.... Travel........................................... Motor Vehicle Purchases.......... Equipment................................... Real Estate Rentals................... Per Diem, Fees and Contracts. Computer Charges...................... Telecommunications.................. Case Services............................... E.S.R.P. Case Services...............

811 116,184,092

State Funds

$

10,457,811

$

751,116

$

1,230,455

$

1,422,437

$

2,784,210

$

2,336,995

$

291,521

$

5,705,396

$

0

$

47,248,653

$

7,833,711

$

1,857,829

$

1,157,028

$

741,483

$

0

$

2,046,459

$

3,084,515

$

2,181,434

$

494,276

$

864,828

$

687,533

$

2,386,557

$

720,070

$

162,758

$

927,719

$

1,544,106

$

624,538

$

800,976

$

5,264,618

$

1,258,814

$

391,811

$

3,031,016

$

5,893,419

$ 116,184,092

64,159,665 11,242,407
735,924 62,815 354,895 3,375,732 4,800,825 1,914,666 1,374,338 16,679,991 27,000

812

JOURNAL OF THE HOUSE,

Special Purpose Contracts............. Purchase of Services Contracts..... Institutional Repairs
and Maintenance......................... Utilities............................................. Postage.............................................. Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

696,834 7,417,996
234,000 872,224 510,068 114,459,380 100,000 19,999,933

Rehabilitation Services Functional Budgets

Total Funds

State Funds

District Field Services Independent Living Bobby Dodd Workshop Sheltered Employment Community Facilities State Rehabilitation
Facilities Diversified Industries
of Georgia Program Direction
and Support Grants Management Disability Adjudication Georgia Factory for
the Blind Roosevelt Warm Springs
Institute Total

36,443,979 548,166 454,728
I,590,464 6,177,911
7,124,113
720,630
3,684,849 684,280
24,909,918
II,284,001
20,836,341 114,459,380

$

7,274,992

$

347,185

$

283,661

$

754,908

$

3,210,901

$

1,424,821

$

0

$

1,089,111

$

684,280

$

0

$

699,099

$

4,230,975

$

19,999,933

4. Family and Children Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications. ......................................................................$ Children's Trust Fund....................................................................$ Cash Benefits...................................................................................$ Special Purpose Contracts.............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Postage..............................................................................................$ Grants to County DFACS Operations ....................................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

13,772,737 1,549,483
338,633 0
72,355 246,861 4,453,589 17,410,215 1,249,522 998,044 436,567,274 3,509,760 85,900,089 1,960,051 2,064,694
223,365,158 793,458,465
2,339,882 329,765,690

Family and Children Services Functional Budgets

Total Funds

State Funds

WEDNESDAY, FEBRUARY 12, 1992

Director's Office Social Services Program Support Administrative Support Regional Administration Public Assistance Management Information
Systems AFDC Payments SSI - Supplemental Benefits Refugee Programs Energy Benefits
County DFACS Operations Eligibility
County DFACS Operations Social Services
Food Stamp Issuance County DFACS Operations
Homemakers Services County DFACS Operations
Joint and Administration County DFACS Operations
Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost Total

$

749,811

$

2,684,815

$

3,118,754

$

5,079,817

$

3,411,813

$

4,018,052

$

20,122,563

$ 428,595,508

$

100

$

1,908,666

$

6,917,000

$

98,585,087

$

69,285,513

$

2,637,600

$

7,102,572

$

43,869,889

$

4,522,097

$

7,002,811

$

1,665,067

$

32,665,918

$

4,578,877

$

1,089,523

$

5,353,680

$

36,084,555

$

48,334

$

228,334

$

1,018,591

$

1,113,118

$

0

$ 793,458,465

Budget Unit Object Classes: Personal Services.....................................................................
Regular Operating Expenses................................................. Travel........................................................................................ Motor Vehicle Purchases ....................................................... Equipment................................................................................ Real Estate Rentals................................................................ Per Diem, Fees and Contracts .............................................. Computer Charges................................................................... Telecommunications ............................................................... Crippled Children's Benefits ................................................. Kidney Disease Benefits ........................................................ Cancer Control Benefits......................................................... Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants........................................................................ Family Planning Benefits...................................................... Case Services............................................................................ E.S.R.P. Case Services............................................................ Crippled Children's Clinics....................................................

813
749,811 2,684,815 2,954,167 4,034,013 3,411,813 2,279,931
8,344,029 164,239,500
100 0 0
49,182,193
21,261,789 0
1,801,331
21,250,915
1,733,531 2,344,916 1,309,379 23,850,878 3,728,905 1,050,782 3,773,991 13,915,983
48,334 228,334 996,233
1,113,118 (6,523,101) 329,765,690
195,999,869 81,276,150 3,715,151
918,890 709,007 10,734,155 17,004,543 24,068,258 4,805,590 7,600,000 77,000 1,519,470
625,000 515,582 16,679,991 27,000 640,000

814

JOURNAL OF THE HOUSE,

Children's Trust Fund....................................................................$ Cash Benefits...................................................................................$ Special Purpose Contracts.............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties...............................................................$ Institutional Repairs
and Maintenance .........................................................................$ Utilities.............................................................................................? Postage..............................................................................................? Payments to DMA-Community Care...........................................$ Grants for Regional Maternal
and Infant Care ...........................................................................$ Grants to County DFACS -
Operations....................................................................................?

998,044 436,567,274
10,210,128 99,854,937 56,488,120 69,252,006
323,155 872,224 4,392,243 11,953,772
819,394
223,365,158

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.............................................................................................? Authority Lease Rentals ................................................................? Institutional Repairs and
Maintenance.................................................................................? Grants to County-Owned
Detention Centers.......................................................................? Substance Abuse
Community Services...................................................................? Mental Retardation
Community Services...................................................................? Mental Health
Community Services...................................................................? Community Mental Health
Center Services............................................................................? Special Purpose Contract...............................................................? Service Benefits for Children........................................................? Purchase of Service Contracts ......................................................? Medicaid/Medicare Certification
Contingency..................................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding .................................................? State Funds Budgeted....................................................................?

471,747,144
386,719,513 38,865,349
1,066,496 125,000
1,387,977 4,113,135 1,211,440 3,041,550 6,555,123 13,677,134
0
1,635,606
2,540,400
40,707,896
89,118,547
19,156,721
57,280,811 797,118
4,940,940 349,164
250,000 673,539,920
2,404,100 471,747,144

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital

39,154,692

22,488,546

WEDNESDAY, FEBRUARY 12, 1992

Brook Run 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 Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC
Court Services
Community Treatment Centers
Day Centers
Group Homes
Purchased Services

30,511,688
30,993,420
23,677,003
29,024,089
29,547,015 128,858,430
24,454,213
45,075,414
22,875,852 3,259,974
9,448,486
4,571,229
719,329
68,145,382 18,823,239
700,622 479,632 1,100,019
57,280,811 372,125
1,393,073
270,531 333,482
3,870,055
15,611,813
88,773 9,004,477
19,562,047 10,724,767 7,238,447 4,342,034 4,073,977 13,731,838 2,873,259
925,659 705,766 6,035,989

815
10,904,505
24,579,115
20,250,215
21,239,377
20,314,526 75,725,589
19,544,249
19,208,808
17,871,277 2,434,250
9,272,178
2,927,248
0
40,409,382 16,640,009
673,747
479,632 1,100,019
47,491,668 372,125
1,183,073
270,531 333,482
3,870,055
15,611,813
88,773 4,883,095
18,891,547 10,358,308 7,155,218 3,724,904 3,496,100 13,731,838 2,873,259
925,659 705,766 6,035,989

816

JOURNAL OF THE HOUSE,

Runaway Investigation/ Interstate Compact
Assessment and Classification
Youth Services Administration
Medicaid/Medicare Certification Contingency
Total

754,977
440,544
2,235,748
250,000 673,539,920

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 ............................................... 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................................................. Georgia Council for
International Visitors................................................. Waterway Development in
Georgia......................................................................... Contract - Georgia Association
of Broadcasters ........................................................... Southern Center for
International Studies ................................................. Lanier Regional Watershed
Commission................................................................. Capital Outlay ................................................................ Total Funds Budgeted................................................... State Funds Budgeted...................................................

Department of Industry and Trade Functional Budgets

Total Funds

Administration Economic Development Tourism Total

$

4,072,462

$

5,032,097

$

7,276,693

$

16,381,252

Section 25. Department of Insurance. Budget Unit: Department of Insurance ........ Operations Budget:
Personal Services......................................... Regular Operating Expenses .....................

754,977
440,544
2,235,748
250,000 471,747,144
15,351,128
7,425,096 1,299,368
281,803 26,000 35,531 110,278 800,633 208,796 238,580 129,500
4,380,667
1,445,000
0
0
0
0
0
0 0 16,381,252 15,351,128

State Funds

$

3,252,462

$

4,872,097

$

7,226,569

$

15,351,128

12,005,733
10,350,964 583,301

WEDNESDAY, FEBRUARY 12, 1992

817

Travel... .............................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment......................... ...,...........................................................$ Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................$ Per Diem, Pees and Contracts ......................................................$ Health Care Utilization Review ....................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

510,602 0
105,546 268,816 520,761 249,625
51,600 100,000 12,741,215 12,005,733

Department of Insurance Functional Budgets

Total Funds

State Funds

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

$

2,349,565

$

5,616,304

$

596,613

$

4,178,733

$

12,741,215

$

2,349,565

$

5,486,304

$

596,613

$

3,573,251

$

12,005,733

Section 26. 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....................................................................?

6,080,564
62,360,763 5,481,591 1,014,839
0 468,869 3,772,454 1,259,182 1,260,815
65,281,260 2,827,168
0 1,574,078 3,000,000 148,301,019 6,080,564

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Services Total

?

5,551,277

?

18,571,047

? 124,178,695 ? 148,301,019

$

633,870

?

2,903,798

?

2,542,896

?

6,080,564

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

8,372,181
7,592,961 367,147 111,057 0 11,205

818

JOURNAL OF THE HOUSE,

Computer Charges......................................................... Real Estate Rentals...................................................... Telecommunications..................................................... Per Diem, Fees and Contracts.................................... Books for State Library ............................................... Total Funds Budgeted.................................................. State Funds Budgeted..................................................

169,406 462,241 98,164 60,000 110,000 8,982,181 8,372,181

Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services................................... Departmental Operations Budget:
Personal Services........................................................... Regular Operating Expenses....................................... Travel.............................................................................. Motor Vehicle Purchases............................................. Equipment...................................................................... Computer Charges........................................................ Real Estate Rentals...................................................... Telecommunications.....................................................
Per Diem, Fees and Contracts.................................... Medicaid Benefits, Penalties
and Disallowances.....................................................
Payments to Counties for Mental Health............................................................
Audit Contracts............................................................. SFY 1991 Medicaid Benefits,
Penalties and Disallowances.................................... Total Funds Budgeted.................................................. State Funds Budgeted..................................................

778,676,677
12,509,354 555,717 98,000 0 33,290
18,381,115 935,973 431,058
50,395,285
1,913,416,733
39,140,013 772,500
246,033,809 2,282,702,847
778,676,677

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties
and Disallowances Community Services Systems Management Professional Services Program Compliance Institutional Policy
and Reimbursement Maternal and Child Health Total
B. Budget Unit: Indigent Trust Fund., Indigent Trust Fund Budget:
Per Diem, Fees and Contracts ........ Benefits............................................... Total Funds Budgeted...................... State Funds Budgeted......................

48,110,623
2,198,590,555 1,137,869
20,432,886 1,626,361 4,204,718
8,176,335 423,500
2,282,702,847

$

2,660,073

$ 764,499,958

$

338,713

$

5,568,417

$

582,971

$

1,523,159

$

3,359,993

$

143,393

$ 778,676,677

95,607,241

682,100 249,257,433 249,939,533 95,607,241

Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ........................................................$ Departmental Operations Budget:
Personal Services.............................................................................$
Regular Operating Expenses .........................................................$

0
8,000,752 1,647,665
84,509

WEDNESDAY, FEBRUARY 12, 1992

819

Equipment................................... Real Estate Rentals................... Per Diem, Fees and Contracts. Computer Charges...................... Telecommunications.................. Health Insurance Payments..... Total Funds Budgeted............... Other Agency Funds.................. Agency Assessments................... Employee and Employer
Contributions.......................... Deferred Compensation............. State Funds.................................

53,553 918,326 92,025,948 2,744,579 299,927 613,182,892 718,958,151
17,000 9,267,537
709,545,696 127,918 0

Merit System Functional Budgets

Total Funds

State Funds

Commissioner's Office Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Total

1,575,957 2,540,398
1,157,755 1,258,887
1,261,930
25,819,672 682,855,136
2,488,416 718,958,151

Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................$ Operations Budget:
Personal Services..............................................................................? Regular Operating Expenses .........................................................$
Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$
Computer Charges...........................................................................? Telecommunications ....................................,..................................$ Authority Lease Rentals ................................................................$ Advertising and Promotion............................................................$ Cost of Material for Resale ...........................................................$
Capital Outlay: New Construction............................................................................$ Repairs and Maintenance ..............................................................$ Land Acquisition Support .............................................................$
Wildlife Management Area Land Acquisition......................................,.............................................$
Shop Stock - Parks.........................................................................$ User Fee Enhancements...................,.............................................? Buoy Maintenance ..........................................................................$ Waterfowl Habitat ..........................................................................$ Paving at State Parks and
Historic Sites................................................................................$

62,119,018
58,231,700 11,130,908
405,734 1,857,013 1,868,915 1,816,335 1,016,553
620,982 1,026,838
227,000 150,000 2,350,000
100,000 1,555,734
211,500
530,000 300,000 1,247,478 20,000
0
400,000

820

JOURNAL OF THE HOUSE,

Grants: Land and Water Conservation......................................................$ Environmental Facilities ................................................................$ Historic Preservation......................................................................! Recreation.........................................................................................!
Contracts: Georgia Special Olympics ..............................................................$ Georgia Sports Hall of Fame.........................................................$ Technical Assistance Contract......................................................! Corps of Engineers (Cold Water Creek State Park)........................................................................$ Georgia Rural Water Association....................................................................................! Georgia State Games Commission................................................! U. S. Geological Survey for Ground Water Resources...........................................................! U.S. Geological Survey for Topographic Mapping ................................................................$ Payments to Georgia Agricultural Exposition Authority..................................................................! Georgia Boxing Commission..........................................................! Total Funds Budgeted....................................................................! Receipts from Jekyll Island State Park Authority..................................................................! Receipts from Stone Mountain Memorial Association .................................................................$ Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

800,000 0
239,112 0
179,117 0
108,687
175,000
10,000 123,824
300,000
0
1,998,560 5,000
89,005,990
314,594
724,572 200,000 62,119,018

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and
Historic Sites Coastal Resources Game and Fish Environmental Protection Total

6,740,172
33,510,862 1,702,395 27,147,492 19,905,069 89,005,990

4,202,037
16,952,494 1,611,772 23,018,738 16,333,977 62,119,018

B. Budget Unit: Georgia Agricultural Exposition Authority..
Operations Budget: Personal Services................................. Regular Operating Expenses............. Travel .................................................... Motor Vehicle Purchases................... Equipment............................................ Computer Charges............................... Real Estate Rentals............................ Telecommunications........................... Per Diem, Fees and Contracts.......... Capital Outlay..................................... Total Funds Budgeted........................ State Funds Budgeted........................

0
1,336,328 1,215,367
21,600 20,000 76,600 28,500
0 18,000 395,340
0 3,111,735
0

Functional Budget

Total Funds

State Funds

WEDNESDAY, FEBRUARY 12, 1992

821

Georgia Agricultural Exposition Authority

$

3,111,735

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................................. Equipment........................................................... Computer Charges.............................................. Real Estate Rentals........................................... Telecommunications......................................... Per Diem, Fees and Contracts........................ State Patrol Posts Repairs and Maintenance........................................... Capital Outlay................................................... Total Funds Budgeted....................................... Indirect DOAS Service Funding..................... State Funds Budgeted.......................................

78,297,560
45,184,643 7,300,576
112,942 2,010,000
340,952 0
40,501 588,164 194,650
150,000 0
55,922,428 150,000
55,772,428

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................................ Total Funds Budgeted....................................... Indirect DOAS Service Funding..................... State Funds Budgeted......................................

15,876,109 1,691,350 21,883 0 78,497 4,411,000 37,507 576,836 85,350 0 265,000 981,600
24,025,132 1,500,000
22,525,132

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

10,950,637

$

24,025,132

$

44,971,791

$

79,947,560

10,950,637 22,525,132 44,821,791 78,297,560

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

12,619,085
7,181,271 2,287,929
106,464 26,460 129,131 416,291

822

JOURNAL OF THE HOUSE,

Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

95,366 142,163 674,662 2,604,356
0 13,664,093 12,322,096

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

438,615 33,330 11,328 0 800 45,874 75,078 4,600 37,540
3,500,000 4,147,165
296,989

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

$

4,147,165

$

4,514,353

$

1,112,315

$

1,179,642

$

414,436

$

0

$

6,443,347

$

17,811,258

$

296,989

$

4,487,893

$

945,655

$

1,099,642

$

414,436

$

0

$

5,374,470

$

12,619,085

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

9,851,433
441,433 9,410,000 9,851,433 9,851,433

Section 33. Public Service Commission. Budget Unit: Public Service
Commission..............................................................$
Departmental Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$

7,094,219
5,929,690 365,529 180,334 58,260

WEDNESDAY, FEBRUARY 12, 1992

823

Equipment................................... Computer Charges...................... Real Estate Rentals ................... Telecommunications.................. Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted...............

12,523 252,050 294,458 114,366 1,288,115 8,495,325 7,094,219

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,563,669 2,972,727 3,958,929 8,495,325

1,563,669 1,683,606 3,846,944
7,094,219

Section 34. 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............................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted......... ..........................................................$ Departmental Income.....................................................................$ Sponsored Income...........................................................................$ Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

737,809,957
858,405,430 112,628,630
192,410,753 125,986,366
5,625,000
298,647 324,345 284,292 18,043,465 1,314,006,928 31,702,402 238,614,996 302,852,273 3,027,300 737,809,957

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

133,137,691
212,901,856 69,540,893
116,838,276 37,571,199
51,750 1,848,086 1,394,187
2,635,415 2,439,285

824

JOURNAL OF THE HOUSE,

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 ............................ Direct Payments to the Georgia
Public Telecommunications Commission for Operations............. Total Funds Budgeted......................... Departmental Income.......................... Sponsored Income ................................ Other Funds.......................................... Indirect DOAS Services Funding...... State Funds Budgeted.........................

149,391
1,520,635 7,887,825 1,014,026
564,000 188,000
781,416
231,300
6,105,655 463,663,195
0 111,220,021 218,749,783
555,700 133,137,691

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

1,906,473 3,536,045 1,305,407 127,573,810
7,161,086 48,442,115 42,620,581 193,755,430
2,468,373 2,303,303 5,865,669 2,450,164 3,049,212 21,225,527 463,663,195

1,369,685 1,350,517
854,684 11,750,474 1,867,348 31,581,603 25,984,769 28,557,028
2,468,373 452,014
5,865,669 0 0
21,035,527 133,137,691

C. Budget Unit: Georgia Public Telecommunications Commission................
Public Telecommunications Commission Budget:

WEDNESDAY, FEBRUARY 12, 1992

825

Personal Services...................................... Operating Expenses................................. Total Funds Budgeted............................. Other Funds.............................................. State Funds Budgeted.............................

6,774,124 7,168,653 13,942,777 13,942,777
0

Section 35. Department of Revenue. Budget Unit: Department of Revenue....... Operations Budget:
Personal Services...................................... Regular Operating Expenses.................. Travel......................................................... Motor Vehicle Purchases........................ Equipment................................................. Computer Charges.................................... Real Estate Rentals................................. Telecommunications................................ Per Diem, Fees and Contracts............... County Tax Officials/Retirement
and FICA............................................... Grants to Counties/Appraisal
Staff........................................................ Motor Vehicle Tags and Decals............. Postage....................................................... Total Funds Budgeted............................. Indirect DOAS Services Funding .......... State Funds Budgeted.............................

67,493,672
45,637,470 4,361,943 1,245,050
0 329,955 8,769,450 2,036,891 662,245 267,625
2,327,000
0 2,585,175 3,235,868 71,458,672 3,845,000 67,493,672

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 State Board of Equalization Total

4,442,806 9,789,482 5,828,654 14,983,369 7,923,596 14,863,087 6,501,852 3,000,473 4,078,501
46,852 71,458,672

4,442,806 9,589,482 5,610,654 14,683,369 6,966,596 13,231,087 6,501,852 2,799,473 3,621,501
46,852 67,493,672

Section 36. Secretary of State. Budget Unit: Secretary of State.......
Personal Services.......................... Regular Operating Expenses....... Travel............................................. Motor Vehicle Purchases............ Equipment..................................... Computer Charges........................ Real Estate Rentals..................... Telecommunications.................... Per Diem, Fees and Contracts... Election Expenses........................ Total Funds Budgeted................. State Funds Budgeted.................

20,968,357 14,656,726 1,950,296
174,350 0
26,761 858,111 2,282,731 200,095 719,287 600,000 21,468,357 20,968,357

826

JOURNAL OF THE HOUSE,

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

$

3,002,417

$

4,403,854

$

3,896,947

$

1,274,666

$

940,205

$

179,931

$

7,770,337

$

21,468,357

$

2,862,417

$

4,328,854

$

3,801,947

$

1,238,666

$

886,205

$

179,931

$

7,670,337

$

20,968,357

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

1,821,667
994,487 153,900
15,000 44,000 12,500 329,330 113,700 24,000 134,750 1,821,667 1,821,667

Real Estate Commission Functional Budget

Cost of

State Funds

Operations

Real Estate Commission

$

1,821,667

$

1,861,667

Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water
Conservation Commission......................................$ Soil and Water Conservation Budget:
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? County Conservation Grants.........................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

1,689,277
882,840 107,727 56,975
0 12,557 6,846 56,218 18,676 477,421 449,198 2,068,458 1,689,277

Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission..............................................................?
Administration Budget: Personal Services.............................................................................? Regular Operating Expenses .........................................................?
Travel................................................................................................? Motor Vehicle Purchases...............................................................?

21,678,914
4,764,579 401,011 81,800 0

WEDNESDAY, FEBRUARY 12, 1992

827

Equipment........................................................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................$ Per Diem, Fees and Contracts ......................................................$ Real Estate Rentals ........................................................................$ 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....................................................................$

21,000 371,000 147,800 38,000
18,000 296,017 4,076,000 13,590,142 4,728,461
36,000
95,500 162,000
462,030
398,784 29,688,124 21,678,914

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

$

5,339,364

$

296,017

$

23,548,917

$

503,826

$

29,688,124

$

0

$

0

$

21,177,870

$

501,044

$

21,678,914

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 ....................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

3,700,000
3,191,881 319,860 26,650 16,000
1,078,000 301,000 113,978 330,000
3,000,000
700,000 9,077,369 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:

118,125,952

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Personal Services............................ Regular Operating Expenses........ Travel............................................... Motor Vehicle Purchases.............. Equipment....................................... Computer Charges.......................... Real Estate Rentals....................... Telecommunications...................... Per Diem, Fees and Contracts..... Personal Services-Institutions ...... Operating Expenses-Institutions.. Capital Outlay................................ Quick Start Program..................... Area School Program.....................
Regents Program............................ Adult Literacy Grants................... Total Funds Budgeted................... State Funds Budgeted...................

3,580,603 347,841 104,750 0 13,000 218,970 495,110 144,000 555,526
82,942,602 18,525,922
0 5,908,912 23,416,754 2,612,148 8,640,279 147,506,417 118,125,952

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

5,459,800

$ 142,046,617

$ 147,506,417

$

3,722,446

$ 114,403,506

$ 118,125,952

Section 41. Department of Transportation. Budget Unit: Department of
Transportation........................................................! For Public Roads and Bridges 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.................................................................................! 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....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

416,735,996
220,613,387 60,139,571
1,635,678 500,000
4,356,489 4,538,721 1,355,827 2,007,701 9,707,746 579,551,371
925,335
875,000 8,141,520
837,000
0 895,185,346 416,735,996

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

WEDNESDAY, FEBRUARY 12, 1992

829

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

625,933,089 225,118,721
7,099,748 22,187,157 $ 880,338,715

$ 167,858,089

$ 213,878,721

$

6,499,748

$

21,642,157

$ 409,878,715

General Funds Budget

Total Funds

State Funds

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

0 1,271,530
11,876,816
837,000 861,285 14,846,631

0 947,267
4,211,729
837,000
861,285 6,857,281

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.........................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

20,546,305
4,314,318 107,713 62,983 0 32,620 10,795 231,872 53,760 23,100 0
14,742,302
5,878,566
131,100 25,589,129 20,546,305

Veterans Service Functional Budgets

Total Funds

State Funds

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

4,813,711
14,872,852
5,902,566 25,589,129

$

4,598,682

$

11,477,864

$

4,469,759

$

20,546,305

Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board.............................................. Operations Budget:
Personal Services.................................................... Regular Operating Expenses................................ Travel.......................................................................

8,382,432
6,437,513 304,468 63,540

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Motor Vehicle Purchases ...............................................................$ Equipment...................................,....................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Georgia Crime Victims Assistance
Program ........................................................................................$ Payments to State Treasury..........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

0 2,687 210,673 984,835 101,250 116,315
30,151 241,000 8,492,432 8,382,432

Section 44. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) ...............................$ Motor Fuel Tax Funds (Issued) ...........................$
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ..................................$ Motor Fuel Tax Funds (New) ..............................$

246,163,218 75,000,000 321,163,218
27,400,803 9,260,000 36,660,803

Section 45. State of Georgia Guaranteed Revenue

Debt Common Reserve Fund.

Budget Unit: State of Georgia

Guaranteed Revenue Debt Common

Reserve Fund (Issued) ...........................................$

5,000,000

In addition to all other appropriations for State Fiscal Year 1992, there is appropri-

ated the sum of $4,630,000 for payment into the "State of Georgia Guaranteed Revenue

Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guar-

antee by the State of an issue of revenue obligations of the Georgia Environmental Facili-

ties Authority for loans to local governments for "sewerage facilities" and "water facilities"

as defined in the Act of the Authority. The maximum principal amount of the specific

issue shall not exceed $50,000,000; the amount of the highest annual debt service shall not

exceed the amount of this appropriation, and the maximum maturities of the issue shall

not exceed two hundred forty months. The General Assembly has determined that the

obligations of the issue will be self-liquidating over the life of the issue.

Section 46. 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 47. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for
judges and employees of the Court.

Section 48. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe-
rior Courts of the State of Georgia, including the payment of Judges' salaries, the payment

WEDNESDAY, FEBRUARY 12, 1992

831

of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 49. 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 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 51. 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 52. Provisions Relative to Section 11, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is designated and committed for youth programs and activities.
Section 54. Provisions Relative to Section 15, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Section 55. Provisions Relative to Section 16, Department of Corrections. It is the intent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded probation positions and related costs.
It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991 when possible.
Provided, that the Department shall require the same qualifications for contract chaplains as that for classified merit system positions with the same job duties.
Section 56. 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 $1,647.07 In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

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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 1992.
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 1992 on the basis of one eighteenth 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 1992 that it contributed during SFY 1991.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information system and the electronic information network are considered to be for the same purpose.
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.
Provided, that of the above appropriation relative to Staff Development/Professional Development, $100,000 is designated and committed for the purpose of School Board Training.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited public high schools.
It is the intent of this General Assembly that the services currently provided by the Regional Directors to local schools be continued by the Department of Education in any reorganization plan. The General Assembly intends to review the Department's reorganization of regional services prior to and during the 1992 regular session.
Section 57. Provisions Relative to Section 19, Employees Retirement Sys tem. The Employees Retirement System is authorized to increase the employer contribution rate by nine one-hundredths of one percent of salaries to fund the following:
1.) A one and one-half percent cost-of-living increase effective July 1, 1991. 2.) A one and one-half percent cost-of-living increase effective January 1, 1992.
Section 58. Provisions Relative to Section 20, Forestry Commission. It is the intent of the General Assembly that the Walker Nursery remain open.
Section 59. Provisions Relative to Section 22, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than Departmental internal forms.

WEDNESDAY, FEBRUARY 12, 1992

833

Section 60. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the
standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan-
dards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 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 each MH-MR-SA institution for fiscal year 1992 that was authorized in fiscal year 1987.
Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand community placements in order to secure additional federal Medicaid funding.
It is the intent of this General Assembly that increased funds for the PEACH program be distributed to those counties that have initiated the PEACH program with local funding, and to increase statewide participation from 7% to 11% of the AFDC population.
It is the intent of this General Assembly that existing funds be used for the relocation of the DFACS offices in Coweta, Echols and Turner Counties.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1992 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physically or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Continuum for Juvenile Offenders. Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, that Central State Hospital is authorized to expend $200,000 of the existing appropriation for the purchase of Clozapine tablets to be used in the treatment of schizophrenic clients. Provided that, in the event funding from the Ryan White Comprehensive AIDS Resource Emergency (Care) Act of 1990 is not appropriated at the level applied for, the Department of Human Resources is authorized and directed to contract with the Visiting Nurse Association, Grady AIDS Clinic, and AID Atlanta for a period of nine months rather than twelve months. Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served

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in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting.
It is the intent of this General Assembly that no funds directed to the Department of Veterans Services for payments to Central State Hospital shall be redirected or used by the Department of Human Resources for any function other than the Veterans Nursing Home at Central State Hospital.
It is the intent of this General Assembly that the Department of Human Resources continue the Huntington Disease program through the assignment of existing personnel to the program.
It is the intent of this General Assembly that all previously allocated Drug Block Grant funds for the Fetal Alcohol Program ($247,660) be used, along with the $24,458 state appropriations to continue the fetal alcohol program at its current level.
Central State Hospital is authorized to transfer Personal Services surpluses, not to exceed $275,000, to Per Diem, Fees and Contracts to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval.
Section 61. Provisions Relative to Section 25, Department of Insurance. It is the intent of this General Assembly that the Office of Planning and Budget and the Commissioner of Insurance shall devise a plan and schedule for the implementation of Code 33, Chapter 46. This Plan shall include, but not be limited to, the development of utilization review standards, rules and regulations, fee schedule, and staffing levels. Upon completion of the Plan any remaining funds from the $100,000 herein appropriated may be used by the Department of Insurance to implement the Plan.
To the extent that funds are available from current appropriations, the Commissioner of Insurance is authorized to discharge, through current year expenditures, any obligation collectible from bankrupt domestic insurance companies which had accrued as of June 30, 1991, in the event such obligation is not recoverable from other sources.
Section 62. Provisions Relative to Section 28, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
Section 63. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $155.00 per merit system budgeted position for the cost of departmental operations.
Each agency and department head shall cause to be filed with the chairman and each member of the House and Senate Appropriations Committees at their legislative offices on the first day of each month beginning September 1, 1991, the name, position, race, and gender of each employee who is terminated or reassigned as a result of the reduction in funds and positions enacted by this Act and, in the case of reassignment, the position to which such employee was reassigned.
If any officer or employee of any department, agency, or other institution of state government is separated from state employment as a result of the budgetary reductions provided for in this Act and such officer or employee therefore becomes entitled to an involuntary separation retirement or pension benefit, then no department, agency, or other institution of state government shall contract with such former officer or employee, directly or indirectly, for the rendering of personal services by or under the direction of such former officer or employee. Likewise, no department, agency or other institution shall contract for the rendering of personal services by any other entity, if the former officer or employee will play a substantial role in the contracting for or delivery of such personal services or will derive a substantial financial benefit from the contract.

WEDNESDAY, FEBRUARY 12, 1992

835

Employees whether in the classified service or are serving in an unclassified position who are so employed on the effective date of this Act and who are laid off as a result of budget reductions in this amendatory Act to the "General Appropriations Act" for State Fiscal Year 1991-1992 shall retain status in and will have the right to be reinstated to a position in the class in their competitive area for a period of two years from the date of separation. The reinstatement shall be in inverse order to the order of layoff. A refusal by the employee of reinstatement upon reasonable notice by the appointing authority nullifies the right to reinstatement under this provision.
The Office of Planning and Budget shall be authorized to grant exceptions to this provision when it determines the expertise needed is not otherwise available.
It is the intent of this General Assembly that the employer contribution rate for the State Employees Health Benefit Plan for the months of March, April and May of SFY 1992 shall not exceed two and one-half percent (2.5/i).
It is the intent of this General Assembly that the employer contribution rate for the Teachers Health Benefit Plan for the months of April, May and June of SFY 1992 shall not exceed one-fourth of one percent (.25 r< ).
Section 64. 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.
Provided that of the funds appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991.
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 Office of Planning and Budget is authorized to use 50 percent of the excess receipts to supplant State funds and 50 percent may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 65. Provisions Relative to Section 31, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accordance with the Rules and Regulations issued by the Commissioner of Public Safety.
Section 66. Provisions Relative to Section 34, Board of Regents, Univer sity 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.
To reduce funding for Resident Instruction; the Board of Regents has flexibility in the application of reduced funding. However, the Governor recommends that teacher education and nursing programs be continued to the maximum extent possible as part of the Special Funding Initiative and that the Board of Regents begin the process of increasing fees for continuing education programs.
Section 67. Provisions Relative to Section 36, Secretary of State. It is the intent of this General Assembly that the Secretary of State be given flexibility in making the position reductions recommended by the Governor.
Provided, that of the funds appropriated for Occupational Certification, $60,000 is authorized for board member participation at conferences related to professional regulation.

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Section 68. 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 Technical and Adult Education.
Provided, that of the funds appropriated for the Quick Start Program, $50,000 is designated and committed to compensate Southeastern Paper Company for prior year projects.
Section 69. Provisions Relative to Section 41, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 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.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department-owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $494,138,715 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
It is the intent of this General Assembly that four-laned bridges be constructed according to State specifications on State Road 87 (U.S. 23) at Richland Creek, Scuffle Creek, Savage Creek, Flat Creek and Dry Branch.

WEDNESDAY, FEBRUARY 12, 1992

837

Section 70. In addition to all other appropriations for the State fiscal year ending June 30, 1992, 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 $9,320,000 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 ($9,200,000 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 departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 71. 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 72. 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 vehicles 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 73. 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.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.

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Section 74. 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 75. 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 76. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 77. 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 78. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 79. (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 1991 Regular Session, as amended by the Governor's budget recommendations as submitted to the General Assembly at the 1991 extraordinary session and 1992 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 rf 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.

WEDNESDAY, FEBRUARY 12, 1992

839

Section 80. 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 81. 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 82. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriation in Section 44 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 are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $324,563 is specifically appropriated for the State Board of Education for the purpose of financing certain public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public library systems, through the issuance of not more than $3,505,000 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), $16,038,783 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $173,205,000 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), $9,260,000 is specifically appropriated for the purpose of financing public road and bridge facilities for the Department of Transportation, 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 $100,000,000 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), $6,381,066 is specifically appropriated for the purpose of financing facilities 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 than $68,910,000 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), $194,460 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, 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

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useful in connection therewith, through the issuance of not more than $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $186,589 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,015,000 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), $286,597 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, prop-
erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,095,000 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), $258,354 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,790,000 in princi-
pal 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), $277,800 is specifically appropriated for the purpose of financing a connecting bridge appurtenant to George L. Smith II Georgia World Con-
gress Center facilities for the Department of Transportation, by means of the acquisition,
construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful
in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $1,176,020 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, 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 $12,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $894,516 is specifically appropriated for the purpose
of financing facilities for 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 $9,660,000
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), $131,955 is specifically appropriated for the purpose of financing telecommunications equipment for the Board of Regents of the University
System of Georgia, through the issuance of not more than $1,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

WEDNESDAY, FEBRUARY 12, 1992

841

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,250,100 is specifically appropriated for the purpose of financing facilities 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 than $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

Section 83. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1992....................................................................$

7,552,871,790

Section 84. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 85. 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 1262.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford
Ashe
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch N Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Cummings,B Cummings,M
Y Davis.D Davis.G
N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards
Elliott Felton Y Fennel Y FloydJ.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Y Groover Y Hamilton
Hammond Manner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas N Mann
Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

On the motion, the ayes were 150, nays 10. The motion prevailed.

Y Mills Y Mobley
Y Moody N Morsberger
Y Moultrie N Mueller Y Oliver.C
Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C N Preslev Y Purceli Y Randall
Y Ray Y Reaves Y Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T
Y Smith.W Y Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus N Tolbert Y Townsend
Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

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JOURNAL OF THE HOUSE,

Representatives Valenti of the 52nd and Hammond of the 20th 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.

Representatives Elliott of the 103rd and Ashe of the 25th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representatives Pinholster of the 8th and Ladd of the 44th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

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

HB 1372.

By Representatives Holmes of the 28th and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise certain duties of the State Election Board.

The following Committee substitute was read and adopted:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise certain duties of the State Election Board; to provide that certain persons shall not be eligible to serve as certain poll officers or certain superintendents; to change certain provisions regarding contents of affidavits which must accompany certain notices of candidacy; to provide for the withdrawal of certain candidates; to change certain provisions relating to the time when certain notices of candidacy shall be filed; to change certain provisions relating to qualification of certain candidates for party nomination in a primary; to change certain provisions relating to the issuance of certain voter registration cards; to change certain provisions relating to the cancellation of certain absentee ballots; to provide for fees for furnishing certain computer-run lists of electors; to provide for access of handicapped persons to certain polling places; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking paragraph (5) of subsection (a) of Code Section 21-2-31, relating to duties of the State Election Board, and inserting in its place a new paragraph (5) to read as follows:
"(5) To investigate when necessary or advisable the administration of primary and election laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investigation by the board before he might proceed to seek any other remedy available to him under this chapter or any other provision of law;".
Section 2. Said title is further amended by striking Code Section 21-2-92, relating to qualifications of poll officers, and inserting in its place a new Code Section 21-2-92 to read as follows:
"21-2-92. Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No poll officer shall

WEDNESDAY, FEBRUARY 12, 1992

843

be eligible for any nomination or public office or to be voted for at a primary or election at which he shall serve. However, a poll officer may serve in a primary in which he seeks election to party office unless prohibited by the rules of the party conducting the primary. A parent, spouse, child, brother, or sister of a candidate shall not be eligible to serve as a poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election."
Section 3. Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-2-132, relating to filing a notice of candidacy, nomination petition, and affidavit, and inserting in its place a new paragraph (7) to read as follows:
"(7) That he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and".
Section 4. Said title is further amended by striking subsection (a) of Code Section 21-2-134, relating to withdrawal of a candidate, and inserting in its place a new subsection (a) to read as follows:
"(a) (1) No candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate.
(2) A candidate in a general, special, or nonpartisan primary may withdraw as a candidate after qualifying but prior to the date of the general, special, or nonpartisan primary by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county election superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted."
Section 5. Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new paragraph (7) to read as follows:
"(7) That he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and".
Section 6. Said title is further amended by striking subsection (h) of Code Section 21-2-217, relating to the form of registration cards, and inserting in its place a new subsection (h) to read as follows:
"(h) After approving the registration of a voter, the board of registrars shall issue the voter a card which shall contain the voter's name and address, a block for the voter's signature, the date of the voter's registration, the name of the voter's precinct, the location of the precinct, and the number of the voter's congressional district, state Senate

844

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district, state House district, county commission district (if any), board of education district (if any), and city council, city commission, or other municipal district (if any). On the reverse side of the card there shall be printed instructions which shall indicate the procedure to be followed in the event of a change of address of the voter. The voter shall indicate the new address within the county in the space provided on such card and return the card to the board of registrars. Upon receipt of such card, the board of registrars shall make the necessary changes and issue a revised card. In the event the voter's election district congressional district, state Senate district, state House district, county commission district (if any), board of education district (if any), and city council, city commission, or other municipal district (if any), or the voter's precinct changes, then a new card shall be issued. The Secretary of State shall provide such cards for use by the registrars; however, the board of registrars in each county may create and provide other cards in lieu of the cards provided by the Secretary of State, provided that such cards contain the information set forth in this subsection."
Section 7. Said title is further amended by striking Code Section 21-2-388, relating to cancellation of certain absentee ballots, and inserting in its place a new Code Section 21-2-388 to read as follows:
"21-2-388. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector; other than ene whese physical disability, official election duties, or observance ef ft religious holiday prevents his attendance at the polls, who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from his precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of his residence during the time the polls are open in any primary, election, or runoff for which he has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways:
(1) By surrendering his absentee ballot to the poll manager of the precinct in which his name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark 'Canceled' and the date and time across the face of the absentee ballot and shall initial same. He shall also make appropriate notations beside the name of the elector on the electors list. All such canceled absentee ballots shall be returned with other ballots to the superintendent;
(2) By appearing in person before the registrars and requesting in writing that the envelope containing his absentee ballot be marked 'Canceled.' After having satisfied themselves as to the identity of such elector, the registrars shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit him to vote in person in his precinct. If the absentee ballot is in the possession of the registrars, it shall be promptly marked 'Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the registrar shall write 'Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as provided in subsection (a) of Code Section 21-2-386 for absentee ballots returned too late to be cast."
Section 8. Said title is further amended by striking subsection (b) of Code Section 21-3-30, relating to municipal superintendents, and inserting in its place a new subsection (b) to read as follows:
"(b) The municipal superintendent shall be a person or committee selected in the manner prescribed by the governing authority of the municipality with compensation fixed and paid by the governing authority of the municipality from municipal funds. A parent, spouse, child, brother, or sister of a candidate shall not be eligible to serve as a municipal superintendent in any precinct in which such candidate's name appears on the ballot in any primary or election."
Section 9. Said title is further amended by striking subsection (a) of Code Section 21-3-34, relating to qualifications of municipal poll officers, and inserting in its place a new subsection (a) to read as follows:

WEDNESDAY, FEBRUARY 12, 1992

845

"(a) Poll officers shall be electors of the municipality in which they are appointed and shall be able to read, write, and speak the English language. No poll officer shall be eligible to any nomination or public office to be voted for at a primary or election in which he shall serve. A parent, spouse, child, brother, or sister of a candidate shall not be eligible to serve as a municipal poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election."
Section 10. Said title is further amended by striking subsection (a) of Code Section 21-3-91, relating to filing a municipal notice of candidacy, nomination petition, and affidavit, and inserting in its place a new subsection (a) to read as follows:
"(a) Each candidate, except a candidate nominated by nomination petition provided for in subsection (f) of this Code section, or his designee shall file notice of his candidacy in the office of the municipal superintendent of his municipality:
(1) At least 22 but not more than 52 days prior to the election in the case of a general election and at leaat tt btrt net more than 30 not earlier than the date of the call and not later than 15 days prior to the election in the case of a special election; or
(2) At least 50 but not more than 60 days prior to the election in the case of a municipal general e? special election held in conjunction with a November general election conducted under Chapter 2 of this title. The opening and closing dates shall, within the limitations as provided in this Code section, be as set forth in the municipal charter or, if not so specified, then by municipal ordinance. If a run-off primary is held, each candidate nominated therein or his designee shall file notice of his candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. Notice of the opening and closing dates for candidates to qualify shall be published in the call for the election."
Section 11. Said title is further amended by striking paragraph (7) of subsection (e) of Code Section 21-3-91, relating to filing a municipal notice of candidacy, nomination petition, and affidavit, and inserting in its place a new paragraph (7) to read as follows:
"(7) That he has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and".
Section 12. Said title is further amended by adding a new subsection at the end of the Code Section 21-3-94, relating to reopening of qualification for office, to be designated subsection (c) to read as follows:
"(c) A candidate in a general or special primary may withdraw as a candidate after qualifying but prior to the date of the general or special primary by filing a notarized affidavit of withdrawal with the municipal superintendent. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the municipal superintendent. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted."
Section 13. Said title is further amended by adding a new subsection at the end of Code Section 21-3-135, relating to filing the certified list of voters with the city clerk, to be designated subsection (c), to read as follows:

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"(c) In those municipalities using computers to maintain the list of electors, it shall be the duty of the boards of registrars of such municipalities to furnish a computer-run list at a cost not to exceed one-quarter of a cent per name or a computer tape containing such list, upon payment of a fee to cover the actual cost of providing such tape or both the tape and the computer-run list as requested; provided, however, that the total cost of providing such tape or computer-run list, or both, shall not be less than $15.00."
Section 14. Said title is further amended by striking subsection (a) of Code Section 21-3-164, relating to polling places, and inserting in its place a new subsection (a) to read as follows:
"(a) In selecting polling places, the governing authority shall, wherever practicable, select schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. In selecting polling places, the governing authority shall give consideration to the comfort and convenience those places to be selected will provide to both electors and poll officers. School, county, municipal, or other governmental authorities shall, upon request of the municipal governing authority, make arrangements for the use of their property for polling places; provided, however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended. No polling place shall be selected or used under any circumstances which does not have suitable and appropriate access to the handicapped for the purpose of voting; and any person, whether or not personally aggrieved, may bring an action for mandamus to require that all polling places in the municipality have suitable and appropriate access to the handicapped for the purpose of voting."
Section 15. Said title is further amended by striking Code Section 21-3-288, relating to cancellation of municipal absentee ballots, and inserting in its place a new Code Section 21-3-288 to read as follows:
"21-3-288. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector; other than ene whose physical disability, official election duties, or observance ef- ft religious holiday prevents his attendance at the polls, who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from his precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of his residence during the time the polls are open in any primary, election, or runoff for which he has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways:
(1) By surrendering his absentee ballot to the poll manager of the precinct in which his name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark 'Canceled' and the date and time across the face of the absentee ballot and shall initial the same. He shall also make appropriate notations beside the name of the elector on the list of electors. All such canceled absentee ballots shall be returned with other ballots to the superintendent;
(2) By appearing in person before the absentee ballot clerk and requesting in writing that the envelope containing his absentee ballot be marked 'Canceled.' After having satisfied himself as to the identity of such elector, the absentee ballot clerk shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit him to vote in person in his precinct. If the absentee ballot is in the possession of the absentee ballot clerk, it shall be promptly marked 'Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the clerk shall write 'Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as subsection (a) of Code Section 21-3-286 provides for absentee ballots returned too late to be cast."
Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

WEDNESDAY, FEBRUARY 12, 1992

847

Section 18. All laws and parts of laws in conflict with this Act are repealed.

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

Abernathy Y Adams Y Aiken Y Alford
Ashe Y Atkins
Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush
Y Buck Y Buckner
Y Byrd Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Y Coleman Colwell
Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Manner
Y Harris.B Y Harris,.}

Y Heard Y Henson Y Herbert
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D
Lane,R Y Langford \ Lawrence Y Lawson
Y Lee Long
YLord Lucas
YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,?
Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M
Thomas.N Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Watson
Y Watts Y White Y Wilder Y Williams.B
Williams,,) Y Williams.R
Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative 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.

The Speaker Pro Tern assumed the Chair.

HB 1565.

By Representatives Murphy of the 18th, McKinney of the 35th, Lucas of the 102nd, Elliott of the 103rd, Edwards of the 112th 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, so as to provide that certain persons who accept a reportable campaign contribution during a legislative session shall report such contribution on the first day of the month following such contribution.

The following Committee substitute was read:

848

JOURNAL OF THE HOUSE,

A BILL
To amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to provide for the acceptance and reporting of certain campaign contributions to any member of the General Assembly, such member's campaign committee, a public officer elected state wide, or such officer's campaign committee during a legislative session; to provide for the automatic repeal of such provisions; to prohibit the accepting of certain campaign contributions during a legislative session; to provide for exceptions; 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 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, is amended by striking Code Section 21-5-35, relating to acceptance of campaign contributions by members of the General Assembly and public officers, and inserting in its place the following:
"21-5-35. (a) Any member of the General Assembly or that member's campaign committee and any public officer elected to state-wide office or the campaign committee of such public officer who accepts a reportable campaign contribution during a legislative session shall report the contribution to the proper authority on the first day of the month following the month in which the contribution was accepted.
(b) Any person subject to Code Section 21-5-31 who gives a contribution to a member of the General Assembly or that member's campaign committee or to a public officer elected to state-wide office or the campaign committee of such public officer during a legislative session shall report the contribution to the proper authority on the first day of the month following the month in which the contribution was given."
Section 2. Said article is further amended by striking Code Section 21-5-35, relating to accepting and reporting certain contributions during a legislative session, and inserting in its place the following:
"21-5-35. (a) No member of the General Assembly or that member's campaign committee or public officer elected state wide or campaign committee of such public officer shall accept a contribution during a legislative session.
(b) Subsection (a) of this Code section shall not apply to: (1) The receipt of a contribution which is returned with reasonable promptness to
the donor or the donor's agent; or (2) The receipt and acceptance during a legislative session of a contribution con-
sisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session."
Section 3. (a) Section 1, this section, and Section 4 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Section 1 of this Act shall stand repealed in its entirety on July 1, 1992.
(b) Section 2 of this Act shall become effective on July 1, 1992.
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 1565 as follows:
By inserting on line 27 of page 1, between the word "accepted" and the symbol "." the following:
"; provided, however, that no member of the General Assembly may accept a reportable campaign contribution during a legislative session unless at the time of such contribution the General Assembly has been in recess for at least one week and is then in recess".

WEDNESDAY, FEBRUARY 12, 1992

849

Representatives Orr of the 9th and Lawson of the 9th stated that they wished to be recorded as voting "aye" thereon.

The following amendment was read:

Representative Lawrence of the 49th moves to amend the Committee substitute to HB 1565 as follows: 1. By adding after the word "effective" on line 29 page 2 the following:
"on March 13, 1992, or" 2. By adding after the word "approval" on line 31, page 2 the following:
"whichever comes later".

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

Abernathy N Adams Y Aiken Y Alford
Y Ashe Y Atkins
Y Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M
N Bates Y Beatty Y Benefield N Birdsong
Blitch Y Bordeaux
N Bostick N Branch N Breedlove N Brooks N Brown Y Brush N Buck Y Buckner NByrd Y Campbell
N Canty N Carrell
N Carter N Cauthorn
Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E N Clark.L Y Coker N Coleman N Colwell
Connell
N Culbreth Y Cummings,B N Cummings.M N Davis.D
Davis.G Y Davis.M N Dixon.H N Dixon.S
Dobbs N Dover
N Dunn N Edwards Y Elliott Y Felton
Fennel N Floyd.J.M N Floyd.J.W
N Flynt N Godbee N Golden N Goodwin
E Green N Greene N Griffin N Groover Y Hamilton N Hammond N Manner
Harris.B N Harris.J

Y Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson Y Irwin Y Jackson
Jamieson Y Jenkins
Y Jones N Kilgore
YKing N Kingston Y Klein Y Ladd N Lane.D
N Lane.R Langford
Y Lawrence Y Lawson YLee
N Long Lord Lucas
Y Mann N Martin
Y McBee Y McCoy N McKelvey N McKinney.B
McKinney.C Y Meadows Y Merritt
Milam

Mills Y Mobley
Moody Morsberger Y Moultrie Y Mueller Y Oliver.C N Oliver.M Y Orr
N Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry
N Pettit Y Pinholster N Pinkston NPoag N Porter
Poston N Powell.A
Y Powell.C Y Presley N Purcell N Randall YRay N Reaves N Redding N Ricketson
N Royal N Selman
Y Sherrill N Simpson
Sinkfield

On the adoption of the amendment, the ayes were 53, nays 100. The amendment was lost.

N Skipper N Smith.L N Smith.P N Smith.T
Smith, W Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M
Thomas,N Thurmond N Titus Y Tolbert Townsend N Turnquest
N Twiggs Valenti
Y Vaughan
N Walker.J N Walker.L N Wall N Watson
N Watts N White Y Wilder Y Williams.B
Williams.J N Williams.R N Yeargin N Murphy.Spkr

The Committee substitute was adopted.

Pursuant to Rule 134, the following members were excused from voting: Representatives Jamieson of the llth, Morsberger of the 62nd, Fennel of the 155th, Smith of the 156th, Bostick of the 138th, Redding of the 50th and Langford of the 7th.

850

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 Abernathy Y Adams N Aiken Y Alford N Ashe N Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck N Buckner
Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Y Chambless Cheeks
Y Childers

N Clark.E Y Clark.L
N Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D
Davis,G N Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards N Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover
N Hamilton Y Hammond Y Hanner
Harris.B Y Harris.J

Y Heard
Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore
YKing N Kingston N Klein NLadd Y Lane.D Y Lane.R
Langford N Lawrence Y Lawson
YLee YLong YLord
Lucas N Mann Y Martin
N McBee Y McCoy Y McKelvey Y McKinney.B
McKinney,C N Meadows N Merritt
Milam

Mills
N Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M N Orr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit N Pinholster
Pinkston YPoag Y Porter
Poston Y Powell.A N Powell.C N Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W
Y Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus N Tolbert Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White
Y Wilder N Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 128, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1565 was ordered immediately transmitted to the Senate.

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

HB 1667. By Representatives Smith of the 152nd, Murphy of the 18th, Coleman of the 118th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the manner of disposing of certain property or interests therein which were acquired by any county or municipality for lake purposes but which property or interests are no longer needed for such purposes.
Referred to the Committee on State Planning & Community Affairs.

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

WEDNESDAY, FEBRUARY 12, 1992

851

Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

HB 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act," so as to change certain appropriations for the State Fiscal Year 1991-1992.

The following Resolution of the House was read and adopted:

HR 835. By Representative Thurmond of the 67th:
A resolution celebrating the eighty-third birthday of the founding of the National Association for the Advancement of Colored People (NAACP).

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.

852

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 13, 1992

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 Al Stewart, Institute of Christian World, Atlanta, Georgia.
The members pledged allegiance to the flag.
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 1659. By Representative Parrish of the 109th: A bill to amend an Act providing for the election of members to the Emanuel County Board of Education, so as to change the method of filling vacancies on the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1660. By Representatives Balkcom of the 140th, Floyd of the 154th and Godbee of the 110th: A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to seafood, so as to establish possession limits for certain fish; to require that certain fish be landed with the head and fins intact.
Referred to the Committee on Game, Fish & Parks.

THURSDAY, FEBRUARY 13, 1992

853

HB 1661. By Representatives Carrell of the 65th, Lee of the 72nd, Childers of the 15th, Walker of the 115th, Edwards of the 112th and others:
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 certain actions which may be taken by the department against licensees.
Referred to the Committee on Health & Ecology.
HB 1662. By Representative Skipper of the 116th:
A bill to create a public body corporate and politic, and an instrumentality of the County of Sumter, to be known as the Sumter County Livestock Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1663. By Representatives Dixon of the 128th, Watson of the 114th, Pettit of the 19th, Kilgore of the 42nd and Groover of the 99th:
A bill to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to the generation and distribution of electricity generally, so as to substantially revise the provisions relating to safeguards against contact with high-voltage lines.
Referred to the Committee on Industry.
HB 1664. By Representatives Brush of the 83rd, Williams of the 90th, Coker of the 21st and Kingston of the 125th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for the admissibility of victim impact statements or evidence.
Referred to the Committee on Judiciary.
HB 1665. By Representatives Brush of the 83rd, Mueller of the 126th, Padgett of the 86th and Dixon of the 128th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to prohibit coverage under such plan for elective abortion procedures.
Referred to the Committee on Insurance.

HB 1666. By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd, Jones of the 71st, Taylor of the 94th and others:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid on the proceeds of certain policies from the time a claim is filed.
Referred to the Committee on Insurance.
HB 1668. By Representatives Skipper of the 116th, Moultrie of the 93rd and Meadows of the 91st:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to delete certain provisions requiring a permit to trap and sell live fox; to provide certain conditions for holding live fox; to permit live fox to be held during trapping season.
Referred to the Committee on Game, Fish & Parks.

854

JOURNAL OF THE HOUSE,

HB 1669. By Representatives Powell of the 13th, Clark of the 13th and Yeargin of the 14th:
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 Northern Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.

HB 1670. By Representative Dover of the llth:
A bill to amend Code Section 48-9-38 of the Official Code of Georgia Annotated, relating to motor vehicle registration cards and identification markers, so as to provide that the state revenue commissioner shall not issue such cards or markers to motor carriers who have outstanding penalties or fees owed to the Department of Transportation.
Referred to the Committee on Motor Vehicles.
HB 1671. By Representative Dover of the llth:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide that only operating properties of public utilities shall be returned for taxation to the state revenue commissioner.
Referred to the Committee on Ways & Means.

HB 1672. By Representatives Coker of the 21st and Aiken of the 21st:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the compensation of the chairman.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1673. By Representatives Lawrence of the 49th, Alford of the 57th, Redding of the 50th, Valenti of the 52nd, Oliver of the 53rd and others:
A bill to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, so as to provide for new reapportioned districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1674. By Representative Holland of the 136th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for imposing a special county 1 percent sales and use tax, so as to provide that such tax may be imposed for the time required by a county to collect $5 million in such taxes but not to exceed 20 years.
Referred to the Committee on Ways & Means.

HB 1675. By Representatives Holland of the 136th and Smith of the 16th:
A bill to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for the sale or disposition of county real property generally, so as to provide for sale of such property to the highest bidder.
Referred to the Committee on State Planning & Community Affairs.

THURSDAY, FEBRUARY 13, 1992

855

HB 1676. By Representative Holland of the 136th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that a motor vehicle liability insurance carrier may tender, and a claimant may accept, the policy limits and such offer and acceptance shall bar certain further claims.
Referred to the Committee on Insurance.

HB 1677. By Representative Bordeaux of the 122nd:
A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions applicable to eminent domain, so as to provide that prior to purchasing, leasing, or condemning property pursuant to such title the condemnor shall comply with certain environmental requirements.
Referred to the Committee on Judiciary.

HB 1678. By Representatives Titus of the 143rd, Royal of the 144th and Long of the 142nd:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts, so as to change the provisions relating to population brackets and the census relating to certain costs in certain counties.
Referred to the Committee on Special Judiciary.

HR 860. By Representatives Bordeaux of the 122nd, McKinney of the 40th, Hamilton of the 124th, Dixon of the 128th, Merritt of the 123rd and others:
A resolution urging the Congress of the United States to divert funds from the operation and expansion of the Savannah River Site's nuclear materials production to the decontamination and restoration of the area, including the Savannah River; to oppose the restart of the "K" nuclear reactor at the Savannah River Site.
Referred to the Committee on Rules.

HR 861. By Representatives Holland of the 136th, Poston of the 2nd, Royal of the 144th, Walker of the 115th, Hanner of the 131st and others:
A resolution proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly from two years to four years.
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 1615 HB 1616 HB 1617 HB 1618 HB 1619 HB 1620

HB 1621 HB 1622 HB 1623 HB 1625 HB 1626 HB 1627

856

JOURNAL OF THE HOUSE,

HB 1628 HB 1629 HB 1630 HB 1631 HB 1632 HB 1633 HB 1634 HB Ib35 HB 1636 HB 1637 HB 1638 HB 1639
HB 1640 T tlTUD 1IbC4/|11 HB 1642
S HB 11*64444 HB 1646 HB 1647 HB 1648
HB 1649 HB 1650 HB 1651 HB 1652 HB 1653 HB 1654 HB 1655

HB 1656

HB 1657 HB 1658 HB 1667

HR 838
HR 839 HR 840

HR 841 TTO QAA

TJD sr;a 8fn
SB 10

f*

O C RD

-526

SB 533

SorB, Sco3r f,5, SB M3 SB 543
kB &&^ SB 558 SB 563 SB 571 SB 582 SB 587 SR 248

Representative Kilgore of the 42nd 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 1412 Do Pass, by Substitute HB 1482 Do Pass, by Substitute
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

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

HB 573 Do Pass HB 968 Do Pass, by Substitute HB 1401 Do Pass

HB 1434 Do Pass HR 711 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 15th
Chairman

THURSDAY, FEBRUARY 13, 1992

857

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 1283 Do Pass, by Substitute HB 1284 Do Pass HB 1289 Do Pass

HB 1539 Do Pass, by Substitute HB 559 Do Pass, by Substitute HB 1541 Do Pass, by Substitute

Respectfully submitted, M 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 1136 Do Pass, by Substitute HB 1518 Do Pass

HB 1520 Do Pass HB 1523 Do Pass, by Substitute

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

Representative Parham of the 105th 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 1445 Do Pass HB 1508 Do Pass HB 1570 Do Pass

HB 1417 Do Pass, as Amended HB 494 Do Pass, by Substitute HB 1582 Do Pass, as Amended

Respectfully submitted, /s/ Parham of the 105th
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

858

JOURNAL OF THE HOUSE,

HB 590 Do Pass HB 1169 Do Pass, by Substitute HB 1274 Do Pass, by Substitute

HB 1389 Do Pass, by Substitute HB 1390 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1530 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs of the 4th
Chairman

Representative Dobbs of the 74th District, Vice-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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 734 Do Pass
Respectfully submitted, /s/ Dobbs of the 74th
Vice-Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - 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 1604 Do Pass HB 1605 Do Pass HB 1606 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Benefield of the 72nd District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

THURSDAY, FEBRUARY 13, 1992

859

Your Committee on Transportation 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 1459 Do Pass
Respectfully submitted, /s/ Benefield of the 72nd
Chairman

Representative Dover of the llth 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 1160 Do Pass HB 1212 Do Pass, by Substitute HB 1243 Do Pass, by Substitute

HB 1263 Do Pass, by Substitute HB 1286 Do Pass, by Substitute

Respectfully submitted, /s/ Dover of the llth
Chairman

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

HB 1605. By Representative Heard of the 43rd:
A bill to amend an Act incorporating Peachtree City, so as to provide for the terms of office of the mayor and city council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 134, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1606.

By Representative Heard of the 43rd:
A bill to amend an Act creating a new charter for the City of Fayetteville, so as to provide for the manner of electing members of the city council and the mayor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 134, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1604.

By Representatives Buck of the 95th, Culbreth of the 97th, Harris of the 96th, Taylor of the 94th, Moultrie of the 93rd and others:
A bill to amend an Act providing for homestead exemptions from Muscogee County ad valorem taxes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district, so as to provide for the application of such exemptions with respect to certain taxes to retire certain bonded indebtedness.

860

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 Abernathy V Adams Y Aiken
Alford Y Ashe
Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Breedlove Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y" Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth
Cummings.B
Cummings.M Y Davis.D
Davis.G
Davis.M Dixon.H Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Fennel Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Goodwin E Green Y Greene Griffin Y Groover Hamilton Y Hammond Hanner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing
Kingston Y Klein
Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Long Y Lord
Y Lucas YMann
Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C
Y Meadows Merritt Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit
Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Townsend Turnquest Twiggs
Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall
Y Watson Y Watts
White Y Wilder
Y Williams,B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 134, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

The following communication was received:

House of Representatives Atlanta, Georgia
February 12, 1992
Mr. Robbie Rivers, Clerk House of Representatives Room 309, State Capitol Atlanta, Georgia 30334
Dear Robbie:
The Bainbridge Memorial Hospital Association is having its annual fund raiser on Thursday night, February 13. As I am a trustee of this foundation I feel it is important that I attend this event.
I would appreciate your locking my voting machine on Friday, February 14 as I will not be present.
Thank you.

THURSDAY, FEBRUARY 13, 1992

861

KB:bs

Sincerely, /s/ Kermit F. Bates, Jr.

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

Mr. Speaker: The Senate has agreed to the House substitute to the following Bills of the Senate:

SB 168. By Senators Kidd of the 25th, Walker of the 43rd, Langford of the 35th and others:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to provide for the registration and regulation of registered interior designers; to define certain terms; to designate certain Code sections as an article of Chapter 4 of Title 43; to create the State Board of Registration of Interior Designers as a division of the State Board of Architects.

SB 417. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
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 change the conditions under which certain students may be counted for high school programs while enrolled in postsecondary institutions; to provide for definitions.

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

SB 461. By Senator Kidd of the 25th:
A bill to amend Part 1 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions concerning Georgia Military College, so as to change the provisions relating to the composition of the Board of Trustees of the Georgia Military College; to change the provisions relating to terms of board members.

SB 623. By Senator Kidd of the 25th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, as amended, so as to change the provisions relating to compensation of the members of the board of education; to provide for approval and for appropriation of funds for salaries and expenses; to authorize the board of education to provide group medical and dental insurance for its members.

SB 624. By Senator Kidd of the 25th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, as amended, so as to change the composition of education districts from which members of the board of education are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General.

862

JOURNAL OF THE HOUSE,

SB 625. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners of Baldwin County, as amended, so as to change the composition of commissioner districts from which members of the board are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General.

SB 628. By Senator Clay of the 37th:
A bill to amend an Act creating a new charter for the City of Kennesaw so as to provide for the authority of the municipal court to place persons on probation; to require attendance at safety education schools, drug and alcohol risk reduction schools, or other educational programs; to provide for authority to order persons to pay fees for probation as well as other costs.

HB 1443. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to abolish the Board of Tax Administrators for Catoosa County.

HB 1455.

By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act incorporating the City of Wrens in Jefferson County, so as to change the provisions relating to the time of election, taking of office, and terms of office of the city councilmen.

HB 1466. By Representatives Poston of the 2nd, McCoy of the 1st and Snow of the 1st:
A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to redesignate the Town of Fort Oglethorpe as the City of Fort Oglethorpe.

HB 1479.

By Representatives Irwin of the 57th, Alford of the 57th and Henson of the 57th:
A bill to provide a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes in certain graduated amounts of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or permanently disabled.

HB 1492.

By Representatives McBee of the 68th, Clark of the 13th, Powell of the 13th and Thurmond of the 67th:
A bill to amend an Act establishing a City Court in the County of Clarke, now known as the State Court of Athens-Clarke County, so as to change the compensation of the solicitor of the court.

HB 1498.

By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th:
A bill to provide for homestead exemptions from Madison County ad valorem taxes for county purposes and from Madison County School District ad valorem taxes for educational purposes for certain residents of that county and school district.

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

THURSDAY, FEBRUARY 13, 1992

863

SR 366. By Senator Hasty of the 51st: A resolution designating the Ben Jess Logan, Sr., Memorial Bridge.

SR 375. By Senator Starr of the 44th:
A resolution repealing certain resolution Acts which authorized the conveyance of certain parcels of state owned property, which authorized the lease of certain parcels of state owned real property, which authorized the granting of easements, irrevocable easements, or nonexclusive easements over, under, across, and through certain state owned real property for public purposes; to provide an effective date.
SR 407. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of water, utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, DeKalb, Emanuel, Floyd, Johnson, Monroe, Pulaski, and Washington counties, Georgia; to provide an effective date.

SR 414. By Senators Egan of the 40th and Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; to provide an effective date.

SR 417. By Senator Bowen of the 13th:
A resolution authorizing the grant of a road right of way easement on, over, and through certain state owned real property located in Crisp County, Georgia; to provide an effective date.
SR 418. By Senator Bowen of the 13th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of an access thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Colquitt County, Georgia; to provide an effective date.

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

SB 461. By Senator Kidd of the 25th:
A bill to amend Part 1 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions concerning Georgia Military College, so as to change the provisions relating to the composition of the Board of Trustees of the Georgia Military College; to change the provisions relating to terms of board members.
Referred to the Committee on University System of Georgia.

SB 623. By Senator Kidd of the 25th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, as amended, so as to change the provisions relating to compensation of the members of the board of education; to provide for approval and for appropriation of funds for salaries and expenses; to authorize the board of education to provide group medical and dental insurance for its members.
Referred to the Committee on State Planning & Community Affairs - Local.

864

JOURNAL OF THE HOUSE,

SB 624. By Senator Kidd of the 25th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, as amended, so as to change the composition of education districts from which members of the board of education are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 625. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners of Baldwin County, as amended, so as to change the composition of commissioner districts from which members of the board are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 628. By Senator Clay of the 37th:
A bill to amend an Act creating a new charter for the City of Kennesaw so as to provide for the authority of the municipal court to place persons on probation; to require attendance at safety education schools, drug and alcohol risk reduction schools, or other educational programs; to provide for authority to order persons to pay fees for probation as well as other costs.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 366. By Senator Hasty of the 51st: A resolution designating the Ben Jess Logan, Sr., Memorial Bridge.
Referred to the Committee on Transportation.

SR 375. By Senator Starr of the 44th:
A resolution repealing certain resolution Acts which authorized the conveyance of certain parcels of state owned property, which authorized the lease of certain parcels of state owned real property, which authorized the granting of easements, irrevocable easements, or nonexclusive easements over, under, across, and through certain state owned real property for public purposes; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 407. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of water, utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, DeKalb, Emanuel, Floyd, Johnson, Monroe, Pulaski, and Washington counties, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

THURSDAY, FEBRUARY 13, 1992

865

SR 414. By Senators Egan of the 40th and Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 417. By Senator Bowen of the 13th:
A resolution authorizing the grant of a road right of way easement on, over, and through certain state owned real property located in Crisp County, Georgia; to provide an effective date. Referred to the Committee on State Institutions & Property.
SR 418. By Senator Bowen of the 13th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of an access thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Colquitt County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

By unanimous consent, the Rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the committees:
HB 1679. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Oliver of the 53rd and Martin of the 26th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for appeal is required, so as to provide for appeals from decisions of the appellate division of the State Board of Workers' Compensation; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for the rights of the employee or the employer to proceed against persons other than the employer who are liable for an employee's injury or death.
Referred to the Committee on Industrial Relations.

HR 863. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Martin of the 26th and Oliver of the 53rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a trust fund from which funds shall be disbursed for the payment of workers' compensation benefits to an employee of an employer who has not obtained workers' compensation inv ance or who is not self-insured against such liability.
Referred to the Committee on Industrial Relations.

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

HB 1497.

By Representatives Buck of the 95th, Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Article 1 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food and beverage standards and labeling in general, so as to define the term "spring water".

866

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Halkcom Y Bartbot Y Bargeron Y Barnetl.B Y Barnett,M Y Bates N Beatty Y Benefield Birdsong Y Blitch N Bordeaux Y Bostick Y Branch N Breedlove Y Brooks N Brown N Brush Y Buck Y Buckner Y Byrd N Campbell Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless N Cheeks Y Childers

Y Clark.E N Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M N Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs
Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Godbee Y Golden N Goodwin E Green Y Greene N Griffin Y Groover
Hamilton Y Hammond Y Banner N Harris.B Y Harris.J

N Heard Y Henson Y Herbert Y Holland Y Holmes N Howard Y Hudson Y Irwin N Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein N Ladd Y Lane.D Y Lane.R Y Langford N Lawrence N Lawson Y Lee
Long Lord Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt N Milam

Y Mills Y Mobley
Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M NOrr N Orrock
N Padgett Y Parham Y Parrish
Patten
N Pelote Y Perry Y Pettit N Pinholster Y Pinkston N Poag Y Porter Y Poston N Powell.A N Powell.C N Presley Y Purcell
Randall
N Ray Y Reaves
Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
Snow N Stancil.F N Stancil.S
Stanley Streat Y Taylor N Teper Y Thomas.C N Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert Townsend Turnquest Twiggs N Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White N Wilder Y Williams.B N Williams.J N Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 108, nays 43. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1497 was ordered immediately transmitted to the Senate.

The Speaker Pro Tern assumed the Chair.

HB 1374.

By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections and primaries, so as to provide for the comprehensive revision of provisions regarding contested primaries and elections.

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

Y Abernathy Y Adams Y Aiken Y Alford

Y Ashe Y Atkins
Baker Balkcom

Y Barfoot Y Bargeron
Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield Y Birdsong

Y Blitch Bordeaux
Y Bostick Y Branch

THURSDAY, FEBRUARY 13, 1992

867

Y Breedlove Y Brooks
Y Brown Y Brush Y Buck
Buckner
Y Byrd Y Campbell
Cantv Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Cummings.M Y Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover

Y Dunn
Y Edwards
Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
E Green
Y Greene
Y Griffin
Groover
Hamilton Y Hammond
Hanner
Y Harris.B
Y Harris.J Y Heard Y Henson
Y Herbert
Y Holland
Y Holmes
Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Jenkins
Y Jones

Y Kilgore
YKing
Y Kingston
Y Klein
Y Ladd
Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson Y Lee
Long
Y Lord
Lucas
Y Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Merritt
Milam
Mills Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver, M

YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote
Perry Y Pettit Y Pinholster
Y Pinkston
Y Poag Y Porter Y Poston
Y Powell.A
Y Powell.C Y Presley Y Purcell
Randall
Y Ray
Reaves
Redding
Y Ricketson
Y Royal
Y Selman
Y Sherrill
Y Simpson
Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T

Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas, M Y Thomas.N Y Thurmond Titus Y Tolbert Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L
Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y' Y'eargin
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 1380.

By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to voter registration cards, so as to authorize the Secretary of State to reimburse counties when new cards are required to be issued because of court order or reapportionment.

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

Y Abernathy Y Adams Y Aiken
Y Alford Y Ashe
Atkins Y Baker
Balkcom Y Barfoot
Y Bargeron
Barnett.B
Y Barnett.M
Y Bates
Y Beatty
Y Benefield
Birdsong
Y Blitch
Y Bordeaux
Y Bostick
Y Branch Y Breedlove
Brooks

Y Brown
Brush YBuck Y Buckner
Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks
Y Childers Y Clark.E Y Clark.L
Y Coker
Y Coleman
Colwell
Connell
Y Culbreth
Y Cummings.B

Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin

Y Groover Hamilton
Y Hammond
Hanner
Y Harris.B
Y Harris.J
Y Heard
Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King
Y Kingston
Y Klein

Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee
Long Lord Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B Y McKinney.C Y Meadows Y Merritt Milam Mills Y Mobley

868

JOURNAL OF THE HOUSE,

Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Y Orr
Y Orrock Y Padgett Y Parham
Y Parrish Patten
Y Pelote
Y Perry

Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston
Y Powell.A
Y Powell.C Y Presley Y Purcell
Randall Y Ray
Y Reaves
Y Redding

Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper
Y Smith.L Y Smith.P Y Smith.T
Y Smith.W Smyre
Y Snow
Y Stancil.F

Y Stancil.S Stanley
Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M
Y Thomas.N Thurmond
Y Titus
Y Tolbert Townsend
Y Turnquest
Y Twiggs

Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson
Y Watts
White Y Wilder Y Williams.B
Y Williams,.] Y Williams.R
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 1200.

By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Chapter 13 of Title 2 of the Official Code of Georgia Annotated, relating to commercial feeds, so as to change certain definitions and provide definitions for additional terms; to change the provisions relating to publication of information as to sales, production, use, and analyses.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 13 of Title 2 of the Official Code of Georgia Annotated, relating to commercial feeds, so as to change certain definitions and provide definitions for additional terms; to change the provisions relating to publication of information as to sales, production, use, and analyses; to repeal certain provisions relating to registration, fees, and refusal of registration; to provide for commercial feed licenses and the requirements, applications, fees, expiration, renewal, practices, and procedures related thereto; to provide for refusal or revocation of licenses; to provide for labels and labeling and requirements related thereto; to provide for nonresident licensees and requirements related thereto; to provide for additional situations in which commercial feed shall be deemed adulterated; to change provisions relating to certain prohibited acts; to change the provisions relating to establishment of standards for commercial feeds and pet foods and the adoption of rules and regulations; to change the provisions relating to inspections and samples; to change the provisions relating to withdrawal from distribution orders; to delete the provisions relating to civil penalties and the cumulative nature of penalties; to delete provisions relating to waiver of penalties; to change the provisions relating to applicability of Chapter 13 of Title 50, known as the "Georgia Administrative Procedure Act"; to provide for other matters relative to commercial feeds and pet food; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 2 of the Official Code of Georgia Annotated, relating to commercial feeds, is amended by striking Code Section 2-13-1, relating to definitions, and inserting in lieu thereof a new Code Section 2-13-1 to read as follows:
"2-13-1. As used in this chapter, the term: (1) 'Brand name' means any word, name, symbol, or device or any combination
thereof identifying the commercial feed of a distributor or registrant licensee and distinguishing it from that of others.
(2) 'Commercial feed' means all materials except whole, unmixed seed, when not adulterated within the meaning of Code Section 2-13-10, which are distributed for use as feed or for mixing in feed, provided that the Commissioner, by regulation, may

THURSDAY, FEBRUARY 13, 1992

869

exempt from this definition or from specific provisions of this chapter commodities such as hay, straw, stover, silage, cobs, husks, hulls, raw meat, and individual chemical compounds or substances when such commodities, compounds, er substances materials are not intermixed or mixed with other materials and are not adulterated within the meaning of Code Section 2-13-10.
(3) 'Customer-formula feed' means commercial feed which consists of a mixture of commercial feeds, feed ingredients, or both, each batch of which is manufactured according to the specific instructions of the final purchaser.
(4) 'Distribute' means to offer for sale, sell, exchange, or barter commercial feed. (5) 'Distributor' means any person who distributes. (6) 'Drug' means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man and any article other than feed intended to affect the structure or any function of the animal body. (7) 'Feed ingredient' means each of the constituent materials making up a commercial feed. (8) 'Label' means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed or on the invoice or delivery slip with which a commercial feed is distributed. (9) 'Labeling' means all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrappers or accompanying such commercial feed. (9.1) 'Licensee' means a person who obtains a commercial feed license. (10) 'Manufacture' means to grind, mix; or blendj or package or to process further a commercial feed for distribution. (11) 'Mineral feed' means a commercial feed intended to supply primarily mineral elements or inorganic nutrients. (12) 'Official sample' means a sample of feed taken by the Commissioner or his agent in accordance with subsection (c), (e), or (f) of Code Section 2-13-13. (13) 'Owner' means a corporation or the stockholders thereof, a partnership, or an individual. (14) 'Percent' or 'percentages' means percentages by weight. (15) 'Person' includes an individual, a partnership, a corporation, and an association. (16) 'Pet' means any domesticated animal normally maintained in or near the household of its owner. (17) 'Pet food' means any commercial feed prepared and distributed for consumption by pets dogs or cats. (18) 'Product name' means the name of the commercial feed which identifies it as to kind, class, or specific use. (18.1) 'Specialty pet' means any domesticated animal normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, birds, fish, and turtles. (18.2) 'Specialty pet food' means any commercial feed prepared and distributed for consumption by specialty pets, but not including feeds for horses, rabbits, and wild birds. (19) 'Ton' means a net weight of 2,000 pounds avoirdupois."
Section 2. Said chapter is further amended by striking Code Section 2-13-4, relating to publication of information as to sales, production, use, and analyses, and inserting in lieu thereof a new Code Section 2-13-4 to read as follows:
"2-13-4. The Commissioner shall may publish, at least annually, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable and a report of the results of the analyses of official samples of commercial feeds sold within this state as compared with the analyses guaranteed in the registration and on the label. The information concerning production and use of commercial feed shall not disclose the operations of any person."

870

JOURNAL OF THE HOUSE,

Section 3. Said chapter is further amended by striking Code Section 2-13-6, relating to registration requirements, fees, and grounds for refusal of registration, which reads as follows:
"2-13-6. (a) No person shall manufacture a commercial feed in this state unless he has filed with the Commissioner, on forms provided by the Commissioner, his name, his place of business, and the location of each manufacturing facility in this state. No person shall distribute in this state a commercial feed, except a customer-formula feed, which has not been registered pursuant to this Code section.
(b) The application for registration shall be submitted in the manner prescribed by the Commissioner. There shall be levied a registration fee of $2.00 per annum for each commercial feed, brand name, or product name registered. Upon approval by the Commissioner, the registration shall be issued to the applicant. All registrations expire on December 31 each year.
(c) The Commissioner is empowered to refuse registration of any commercial feed not in compliance with this chapter and to cancel any registration subsequently found not to be in compliance with this chapter. No registration shall be refused or canceled unless the registrant has been given an opportunity to be heard before the Commissioner
and to amend his application in order to comply with the requirements of this chapter.", and inserting in lieu thereof a new Code Section 2-13-6 to read as follows:
"2-13-6. (a) No person who manufactures a commercial feed within this state or whose name appears on the label of a commercial feed (guarantor), shall distribute a commercial feed in this state without first obtaining a commercial feed license from the
Commissioner. No distributor may cause a commercial feed to be distributed in this state without first obtaining a commercial feed license; provided, however, that the Commissioner by rule or regulation may exempt certain distributors. Application for a commercial feed license shall be made on forms provided by the Commissioner that identify
the manufacturer's or guarantor's or distributor's name, place of business, and location of each manufacturing facility in the state and such other appropriate information as may be deemed necessary for enforcement of this chapter.
(b) All licenses shall expire on December 31 of each year. Licenses are not transferable and no credit or refund may be granted for licenses held for less than one full year.
All commercial feed licenses must be renewed by January 1 of each year. The license fee shall be based upon the number of tons of commercial feed distributed in this state during the preceding 12 month period ending December 31, provided that tonnage of
small-package products subject to registration as specified in subsection (d) of this Code section shall not be used in calculating the license fee due. The amount of the license fee shall be based upon the schedule as prescribed in the rules and regulations of the
Commissioner but shall not be less than $50.00 nor more than $1,000.00 per annum. (c) A commercial feed license must be renewed annually and fees shall be paid by
January 31 of each calendar year, or the applicable license fee shall increase in the manner prescribed in the rules and regulations of the Commissioner.
(d) No licensee shall distribute in this state a pet food or a specialty pet food in packages of ten pounds or less which has not been registered. The application for registration shall be submitted to the Commissioner on forms furnished by, or acceptable to,
the Commissioner. All registrations expire on December 31 of each year. An annual registration fee of an amount prescribed in the rules and regulations of the Commissioner
is due by January 1. Such registration fee shall be $25.00 per product registered, provided that the total of all such registration fees shall not exceed $1,000.00 per annum for any licensee.
(e) Annual registration fees received after January 31 shall be subject to a delinquent penalty as prescribed in the rules and regulations of the Commissioner.
(f) The license and registration fees provided by this Code section shall not exceed a total amount of $1,000.00 per annum for any licensee.
(g) The Commissioner is empowered to refuse the commercial feed license application or product registration of any firm not deemed to be in compliance with the provisions of this chapter and to cancel any commercial feed licenses or product registrations
subsequently found not to be in compliance with this chapter, provided that no commercial feed license or product registration shall be refused or canceled unless the licensee

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871

has been given an opportunity to be heard before the Commissioner and to amend his application or take corrective action in order to comply with the requirements of this chapter.
(h) The Commissioner may request copies of labels and labeling in order to determine compliance with the provisions of this chapter."
Section 4. Said chapter is further amended by striking Code Section 2-13-7, relating to designation of agents for service of process, which reads as follows:
"2-13-7. Every nonresident manufacturer, mixer, jobber, or distributor of commercial feed, at the time of registration and before selling or offering for sale his product in this state, shall designate with the Commissioner an attorney in fact residing in this state on whom legal service of process may be had, so as to bring such nonresident manufacturer, mixer, jobber, or distributor under the jurisdiction of the courts of this state.", and inserting in lieu thereof a new Code Section 2-13-7 to read as follows:
"2-13-7. Every nonresident licensee, at the time of licensing and before distributing commercial feed in this state, shall comply with Chapter 5 of this title, the 'Department of Agriculture Registration, License, and Permit Act.'"
Section 5. Said chapter is further amended by striking Code Section 2-13-8, relating to labeling requirements, and inserting in lieu thereof a new Code Section 2-13-8 to read as follows:
"2-13-8. (a) A commercial feed, other than a customer-formula feed, shall be accompanied by a label bearing the following information:
(1) The net weight^ which may be stated in metric units in addition to the required avoirdupois units;
(2) The product name and the brand name, if any, under which the commercial feed is distributed;
(3) The guaranteed analysis stated in such terms as the Commissioner, by regulation, determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods, such as the methods published by the Association of Official Analytical Chemists;
(4) The common or usual name of each ingredient used in the manufacture of the commercial feed, provided that the Commissioner, by regulation, may permit the use of a collective term for a group of ingredients which performs a similar function; or he may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers;
(5) The name and the principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;
(6) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the Commissioner may require by regulation as necessary for their safe and effective use; and
(7) Such precautionary statements as the Commissioner, by regulation, determines are necessary for the safe and effective use of the commercial feed, (b) A customer-formula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document bearing the following information:
(1) The name and address of the manufacturer; (2) The name and address of the purchaser; (3) The date of delivery; (4) The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture; (5) The net weight of every other ingredient used; (6) Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the Commissioner may require, by regulation, as necessary for their safe and effective use; and (7) Such precautionary statements as the Commissioner, by regulation, determines are necessary for the safe and effective use of the customer-formula feedr; and

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(8) If a drug-containing product is used: (A) The purpose of the medication (claim statement); and (B) The established name of each active drug ingredient and the level of each
drug used in the final mixture expressed in accordance with regulations."
Section 6. Said chapter is further amended by striking Code Section 2-13-10, relating to when a commercial feed is deemed to be adulterated, and inserting in lieu thereof a new Code Section 2-13-10 to read as follows:
"2-13-10. A commercial feed shall be deemed to be adulterated:
(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health, provided that2 if the substance is not an added substance, such commercial feed shall not be considered adulterated under this paragraph if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health;
(2) If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of Section 406 of the Federal Food, Drug, and Cosmetic Act, other than one which is:
(A) A pesticide chemical in or on a raw agricultural commodity; or (B) A food additive;
(3) If it is, bears, or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act;
(4) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act, provided that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 408 of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been subjected to processing, such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity, unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act;
(5) If it is, bears, or contains any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act;
(6) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or replaced by any less valuable substance;
(7) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;
(8) If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the Commissioner to assure that the drug meets the requirements of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating such regulations, the Commissioner shall adopt the current good manufacturing practice regulations for medicated feed premixes ttn4 for medicated feeds Type A medicated articles and Type B and Type C medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless he
determines that they are not appropriate to the conditions which exist in this state; fa
(9) If it contains viable or poisonous weed seeds in amounts exceeding the limits which the Commissioner shall establish by rule or regulation; ] or
(10) If it ij or it bears or contains any new animal drug which is, unsafe within the meaning of Section 512 of the Federal Food, Drug, and Cosmetic Act."

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Section 7. Said chapter is further amended by striking Code Section 2-13-11, relating to prohibited acts, and inserting in lieu thereof a new Code Section 2-13-11 to read as follows:
"2-13-11. The following acts and the causing thereof within this state are prohibited: (1) The manufacture or distribution of any commercial feed that is adulterated or
misbranded; (2) The adulteration or misbranding of any commercial feed; (3) The distribution of agricultural commodities, such as whole seed, hay, straw,
stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of Code Section 2-13-10;
(4) The removal or disposal of a commercial feed in violation of an order under Code Section 2-13-14;
(5) The failure or refusal to register obtain a commercial feed license or small package registration in accordance with Code Section 2-13-6;
(6) The violation of Code Section 2-13-5; and (7) The waiving by the Commissioner of any penalties imposed under this chapter."
Section 8. Said chapter is further amended by striking subsection (b) of Code Section 2-13-12, relating to establishment of standards for feeds and adoption of rules and regulations, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Commissioner is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this chapter and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the Commissioner, by regulation, shall adopt, unless he determines that they are inconsistent with this chapter or are not appropriate to conditions which exist in this state, the following:
(1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials2 Incorporated, and published in the 1992 official publication of that organization and supplements thereto; and
(2) Any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act and supplements thereto."
Section 9. Said chapter is further amended by striking subsection (f) of Code Section 2-13-13, relating to inspections, receipts for samples, warrants, methods of sampling and analysis, and forwarding of results, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) The results of all analyses of official samples shall be forwarded by the Commissioner to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates that a commercial feed has been adulterated or misbranded and upon request within ten days following receipt of the analysis, the Commissioner shall furnish to the registrant licensee a portion of the sample concerned."
Section 10. Said chapter is further amended by striking subsection (a) of Code Section 2-13-14, relating to issuance and enforcement of withdrawal from distribution orders and condemnation and confiscation, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Withdrawal from distribution orders. When the Commissioner or his authorized agent has reasonable cause to believe that any lot of commercial feed is being distributed in violation of this chapter or any of the prescribed regulations under this chapter, he may issue and enforce a written or printed withdrawal from distribution order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the Commissioner or the court. The Commissioner shall release the lot of commercial feed so withdrawn when such provisions and regulations have been complied with. If compliance is not obtained within 30 days, the Commissioner may begin, or upon request of the distributor or registrant licensee shall begin, proceedings for condemnation."

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Section 11. Said chapter is further amended by striking Code Section 2-13-15, relating to civil penalties for failure to register and for improper labeling, which reads as follows:
"2-13-15. (a) There shall be a penalty of $2.00 per ton or fraction thereof: (1) For all commercial feed sold or offered for sale in this state which is not regis-
tered as provided in this chapter; and such penalty shall be assessed and collected from the person required by law to register feed; and
(2) For any commercial feed sold or offered for sale within this state which is not properly labeled, tagged, or identified as provided in this chapter. (b) The minimum penalty under this Code section shall be $5.00.", and inserting in lieu thereof a new Code Section 2-13-15 to read as follows: "2-13-15. Reserved."

Section 12. Said chapter is further amended by striking Code Section 2-13-16, relating to civil penalties for deficiencies found on chemical analysis, which reads as follows:
"2-13-16. (a) Where any commercial feed bearing a guaranteed analysis is found by an analysis by the state chemist to be deficient in protein by more than the following percentages, a penalty of 10 percent of the purchase price shall be assessed against the manufacturer or guarantor:

Guaranteed Protein

Protein Deficiency

Less than 20% .........................................................................onore than 2% of the guaranteed protein plus 0.3%

20% but less than 35% ...........................................................more, than 2% of the guaranteed protein plus 0.4%

35% but less than 50% ...........................................................more, than 2% of the guaranteed protein plus 0.5%

50% or more ............................................................................jnore. than 2% of the guaranteed protein plus 0.6%

(b) Where an analysis by the state chemist reveals that any commercial feed is deficient by more than 15 percent of the guaranteed analysis in fact, a penalty of 10 percent of the purchase price shall be assessed against the manufacturer or guarantor.
(c) Where an analysis by the state chemist reveals that any commercial feed contains crude fiber in excess of 10 percent of the guaranteed analysis, a penalty of 10 percent of the purchase price shall be assessed against the manufacturer or guarantor.
(d) The minimum penalty under this Code section shall be $5.00.", and inserting in lieu thereof the following:
"2-13-16. Reserved."

Section 13. Said chapter is further amended by striking Code Section 2-13-17, relating to cumulative nature of penalties, methods of sampling, disposition of proceeds of penalties, and the waiver of penalties being prohibited, which reads as follows:
"2-13-17. (a) All penalties imposed under this chapter shall be cumulative, (b) Samples to be analyzed by the state chemist in determining penalties under this chapter shall be taken in accordance with provisions for official samples as contained in Code Section 2-13-13.

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(c) Any penalties arising under this chapter, except the penalties for failure to label properly and register feeds as provided in paragraph (2) of subsection (a) of Code Section 2-13-15, shall be collected by the Commissioner for the use and benefit of the manufacturers or the feeder or feeders using such commercial feed stuff. If the feeder or feeders cannot be located or found within six months after the penalty has been paid, the Commissioner shall deposit such unclaimed funds in the state treasury.
(d) The Commissioner shall have no authority to waive any of the penalties imposed under this chapter.", and inserting in lieu thereof the following:
"2-13-17. Reserved."
Section 14. Said chapter is further amended by striking Code Section 2-13-21, relating to applicability of Chapter 13 of Title 50, known as the "Georgia Administrative Procedure Act," and inserting in lieu thereof a new Code Section 2-13-21 to read as follows:
"2-13-21. The provisions of this chapter pertaining to rule making, the issuance, revocation, or denial of licenses and registrations, and other administrative actions authorized under this chapter shall be subject to and conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 16. All laws and parts of laws in conflict with this Act are repealed.

The report of the 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Birdsong Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Cummings.M Y Davis.D Davis.G Y Davis.M Y Dixon.H Dixon.S Y Dobbs Y Dover Dunn Y Edwards
Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Howard
Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore
Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence
Lawson Y Lee
Long Lord Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Sinkfield

Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Thomas.N Thurmond Y Titus Y Tolbert Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Y Walker.L Y Wall Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

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JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 772. By Representatives Streat of the 139th, Reaves of the 147th, Carter of the 146th, Selman of the 32nd, Walker of the 115th and others: A resolution urging study of the feasibility of commercial production and farming of ostriches in 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 Abernathy Y Adams
Aiken Y Alford
Y Ashe Atkins
Y Baker Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Davis.G Y Davis.M Y Dixon.H Dixon.S Y Dobbs Y Dover Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris.J

Y Heard Y Henson
Herbert Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson
NLee YLong
Lord Lucas Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Y Poston Powell.A
Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 157, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Mann of the 6th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was again taken up for consideration:

HB 113. By Representative Lane of the 27th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions applicable to the General Assembly, so as to require a copy of local bills annexing territory to a municipality to be provided to the governing authority of the county.

THURSDAY, FEBRUARY 13, 1992

877

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions applicable to the General Assembly, so as to require a copy of local bills annexing territory to a municipality to be provided to the governing authority of the county; to amend Code Section 36-35-2 of the Official Code of Georgia Annotated, relating to incorporation, dissolution, or merger of municipalities and changes in municipal boundaries, so as to change the time limitation relative to the annexation of property which had been deannexed by local Act of the General Assembly; to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to the annexation of territory by municipalities, so as to comprehensively revise the provisions relating to such annexation; to establish procedures applicable to annexation; to prohibit creation of unincorporated islands; to require annexation of unincorporated islands; 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 28 of the Official Code of Georgia Annotated, relating to general provisions applicable to the General Assembly, is amended by adding a new Code Section 28-1-14.1 to read as follows:
"28-1-14.1. A copy of any local bill which proposes to annex unincorporated land to a municipality shall be provided to the governing authority of the county within which the area proposed to be annexed is located at the time the notice required by Code Section 28-1-14 is published; otherwise such annexation shall be void."
Section 2. Code Section 36-35-2 of the Official Code of Georgia Annotated, relating to incorporation, dissolution, or merger of municipalities and changes in municipal boundaries, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Whenever any local Act of the General Assembly deannexes property lying within the boundaries of a municipal corporation, such property shall not be subject to annexation under Chapter 36 of this title by the municipal corporation from which the property was deannexed for a period of five three years from such deannexation."
Section 3. Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to the annexation of territory by municipalities, is amended by striking said chapter in its entirety and substituting in lieu thereof a new Chapter 36 to read as follows:
"CHAPTER 36 ARTICLE 1
36-36-1. The procedures set forth in this article shall apply to all annexations pursuant to this chapter and to annexation by local Act of the General Assembly.
36-36-2. (a) Except as provided in subsection (b) of this Code section, and unless otherwise agreed by joint resolution of the county governing authority and the governing authority of the municipality annexing land, all annexation shall become effective on the last day of the calendar quarter during which such annexation occurred.
(b) Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely for the purpose of determining school enrollment.
36-36-3. (a) Within 30 days after the effective date by local Act annexing property into a municipality or within 30 days after the effective date of an annexation by ordinance, the governing authority of the municipality annexing land shall identify the annexed area by providing a map and complete survey by a competent surveyor of the area annexed to the Secretary of State and to the governing authority of the county in which the annexed property is located.
(b) For an annexation pursuant to Article 6 of this chapter, the municipal governing authority may provide, in lieu of the map and complete survey required by subsection

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(a) of this Code section, a copy of the page or pages from the plat book which identifies the property being annexed or a copy of the tax map or maps in which the property
being annexed is located. (c) The map and survey of each annexed area required to be provided to the Secre-
tary of State shall be transmitted to the director of the Elections Division of the Secretary of State.
36-36-4. The creation of unincorporated islands as described in paragraph (1), (2), or (3) of this Code section shall be prohibited:
(1) Annexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting the annexing municipality;
(2) Annexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or
(3) Annexation which would result in the creation of an unincorporated area to which the county would have no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county. 36-36-5. Annexation of an unincorporated island comprised of more than 100 acres shall be annexed only through use of the annexation method provided by Article 3 of this chapter. 36-36-6. Upon accepting an application for annexation pursuant to subsection (a) of Code Section 36-36-21 or a petition for annexation pursuant to Code Section 36-36-32, or upon adopting a resolution calling for an annexation referendum pursuant to Code Section 36-36-57, the governing authority of the annexing municipality shall within five business days give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to identify the area. Where the proposed annexation is to be effected by a local Act of the General Assembly, a copy of the proposed legislation shall in accordance with Code Section 28-1-14.1 be provided to the governing authority of the county wherein the proposed annexation is located at the same time the notice of intent required by state law is published. 36-36-7. (a) Upon receiving notice of a proposed annexation pursuant to Code Section 36-36-5, the county governing authority shall notify the governing authority of the municipality within five business days of receipt of notice as provided in Code Section 36-36-5 if any county owned public facilities are located in the area proposed to be annexed. (b) Except as otherwise provided in this Code section, ownership and control of county owned public properties and facilities are not diminished or otherwise affected by annexation of the area in which the county owned public property or facility is located.
(c) Whenever a municipality annexes land on both sides of a county road right of way, the annexing municipality shall assume the ownership, control, care, and maintenance of such right of way unless the municipality and the county agree otherwise by joint resolution.
(d) Whenever county owned property or a county owned facility within an area annexed by a municipality is no longer usable for service to the unincorporated area of the county as a result of the annexation, the annexing municipality shall be required to acquire said property from the county governing authority under the following conditions:
(1) The annexation must be final;
(2) The county property or facility must be funded by revenues derived from the unincorporated areas of the county and must be used to provide services solely to the unincorporated areas of the county;
(3) The county adopts a resolution declaring that the property or facility is no longer usable for service to the unincorporated area of the county as a result of the annexation; and

THURSDAY, FEBRUARY 13, 1992

879

(4) Unless otherwise provided by mutual agreement, the county shall be compensated in an amount equal to the fair market value of the property or facility which is no longer usable for service to the unincorporated area. If the county and municipality fail to agree as to the fair market value of the property or facility within 180 days following adoption of the resolution required by paragraph (3), the question of fair market value shall be submitted to a special master appointed by the superior court of the county in which the property or facility is located for determination of value. 36-6-8. No annexation shall invalidate any utility service agreement between a county and an annexing municipality in effect on the effective date of this chapter1 except by mutual written consent. 36-6-9. All notices to a municipal or county governing authority required pursuant to this chapter shall be sent by certified mail return receipt requested.
ARTICLE t ARTICLE 2
36-36-1 36-36-20. As used in this article, the term 'contiguous area' means any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed. If, at the time annexation procedures are initiated, the entire area to be annexed is owned by the municipal governing authority to which the area is to be annexed and if the annexation of municipally owned property is approved by resolution of the governing authority of the county wherein the property is located, then the term 'contiguous area' shall mean any area which, at the time annexation procedures are initiated, abuts directly on the municipal boundary or which would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width or by the length of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed.
36-36-2 36-36-21. (a) Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing corporate limits thereof unincorporated areas contiguous to the existing corporate limits at the time of such annexation^ in accordance with the procedures provided in this article and in Article I of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be annexed, containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipal corporation, a complete survey by a competent surveyor, et nceessoriiy t county surveyor, snftH T&C tiled fts ft pflrt of trie ordinflncc smiexm^ the tcr~
tioft, 9iis.il DC iiloci with the oecretflpy ot otfttc OT this stste 9n identiiicstion or the property so annexed shall be filed with the Secretary of State and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by special local Act of the General Assembly.
(b) This article shall not apply to any municipal corporation within a county having a population of 100,000 or more persons according to the United States decennial census of 1960 or any future such census.

880

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ARTICLE 3 ARTICLE 3
36-36-20 36-36-30. As used in this article, the term 'municipal corporation' means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1960 or any future such census.
36 36-21 36-36-31. (a) As used in this article, the term 'contiguous area' means any area of which at least one-eighth of the aggregate external boundary, at the time annexation procedures are initiated, directly abuts the municipal boundary. Any area shall also be a 'contiguous area' if at least one-eighth of its aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation.
(b) For purposes of determining an area's aggregate external boundary, all real property which, at the time annexation procedures are initiated, (1) is owned by the same person who owns real property in the area to be annexed, (2) adjoins to any extent such owner's real property in the area to be annexed, (3) is in the same county as the real property in the area to be annexed, and (4) is not included within the boundaries of any municipal corporation shall have its area included in determining the aggregate external boundary of the area to be annexed.
36 36-22 36-36-32. (a) Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing corporate limits thereof unincorporated areas which are contiguous to the existing corporate limits at the time of such annexation^ in accordance with the procedures provided in this article and in Article I of this chapter, upon the written and signed application of not less than 60 percent of the electors resident in the area included in any such application and of the owners of not less than 60 percent of the land area, by acreage, included in such application. The authority granted in this Code section is in addition to existing authority and is intended to provide a cumulative method of annexing territory to municipal corporations in addition to those methods provided by present law.
(b) Each such application shall contain a complete description of the land proposed to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits.
(c) Each person signing an application for annexation shall also print or type thereon his name, address, and the date of signature. In addition, he shall indicate whether he is a landowner within the area to be annexed, an elector, or both.
&) (d) For the purpose of determining the percentage of electors signing such application, the municipal governing body shall obtain a list of electors residing in such area from the board of registrars of the county or counties in which the area lies. The list shall be compiled by the board of registrars and provided to the municipal governing body in accordance with Code Section 21-2-243. The municipal governing body shall bear the expense of the preparation of the list in the manner prescribed by such Code section.
4d) (e) For the purpose of determining ownership of the property included within such application, the record titleholder of the fee simple title or his legal representative shall be considered the 'owner' of the property.
(f) Signatures of owners of public roads and other public land within the area to be annexed shall not be required in satisfying the requirements of subsection (a) of this Code section and the acreage of such public properties shall be excluded from acreage calculations pertaining to the landowner approval required by said subsection (a). This subsection applies only where the public properties are included in the area to be annexed.
(g) The necessary number of signatures of landowners and electors shall be obtained within one calendar year following the date of the first signature obtained. Failure to

THURSDAY, FEBRUARY 13, 1992

881

collect the required number within the one-year period shall invalidate previously collected signatures. Nothing in this subsection shall prohibit collection of signatures from the same persons on subsequent applications for annexation.
36-36-23 36-36-33. There shall be no annexation across the boundary lines of any county under this article.
86-36-24 36-36-34. Whenever the governing body of a municipal corporation receives an application pursuant to Code Section 36-36-22 36-36-32, it shall, after investigation, determine whether such application complies with the requirements of this article. If it is determined that the application does not comply with this article, the governing body shall notify in writing the persons presenting the application, stating wherein the application is deficient. If it is determined that the application does comply with this article, the municipal governing body shall proceed to act on the application in accordance with Code Section 36-86-26 36-36-36.
86-36-26 36-36-35. (a) A municipal corporation exercising authority under this article shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section 86-86 26 36-36-36, shall prepare a report setting forth its plans to provide services to the area.
(b) The report required in subsection (a) of this Code section shall include: (1) A map or maps of the municipality and adjacent territory, showing the present
and proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, and the proposed extensions of such mains and outfalls as required in paragraph (2) of subsection (c) of this Code section; and
(2) A statement setting forth the plans of the municipal corporation for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation. (c) The plans required in subsection (a) of this Code section shall:
(1) Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on substantially the same basis and in the same manner as such services are provided within the rest of the municipal corporation prior to annexation; but if a water distribution system is not available in the area to be annexed, the plans must call for reasonably effective fire protection services until such time as water lines are made available in the area under existing municipal policies for the extension of water lines; and
(2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed within 12 months of the effective date of annexation, so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipal corporation for extending water and sewer lines to individual lots or subdivisions.
(d) The report required in subsection (a) of this Code section shall be prepared and made available to the public at least 14 days prior to the public hearing required by Code Section 36-36-36.
36-36-26 36-36-36. (a) The municipal governing body shall hold a public hearing on any application which has been determined to meet the requirements of this article. The hearing shall be held not less than 15 nor more than 45 days from the time the governing body makes a determination that the petition is valid. Notice of the time and place of the hearing shall be given in writing to the persons presenting the application and shall be advertised once a week for two consecutive weeks immediately preceding the hearing in a newspaper of general circulation in the municipal corporation and in the area proposed for annexation.
(b) At the public hearing all persons resident or owning property in the municipal corporation or in the area proposed for annexation may be heard on the question of the annexation of the area by the municipal corporation.
(c) Any property owner or elector may withdraw his consent at any time through the date ef- in writing postmarked or received within three business days after the public hearing required by this Code section.

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36-36 27 36-36-37. (a) If, after the public hearing, the governing body determines that the annexation to the municipal corporation of the area proposed in the application would be in the best interest of the residents and property owners of the area proposed for annexation and of the citizens of the municipal corporation, the area may be annexed to the municipal corporation by the adoption of an annexing ordinance.
(b) The annexing ordinance authorized by subsection (a) of this Code section shall be adopted within 60 days following validation of the signature of the applicants.
36-86 28 36-36-38. (a) When an application pursuant to Code Section 36 36-22 36-36-32 is acted upon by the municipal authorities and the land, by ordinance, is annexed to the municipal corporation, a complete survey by a competent surveyor, net necessarily a county surveyor, shall be f-Hee5 as a part ef the ordinance annexing th ter-

annexed property shall be filed with the Secretary of State and with the county in which the property is located in accordance with Code Section 36-36-3.
(b) Municipal ad valorem taxes shall not apply to property within the annexed territory until January 1 of the following year.
(c) When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by special local Act of the General Assembly.
36-36 20 36-36-39. (a) Within 30 days of the effective date of the ordinance annexing land to the municipal corporation, any resident elector of the area so annexed or of the municipal corporation or any property owner of such area or of the municipal corporation may bring a petition for declaratory judgment, in the superior court of the county of the legal situs of the annexing municipal corporation, to determine the validity, in accordance with this article, of the application and the municipal corporation's action thereon. Whenever such a petition is filed, the municipal governing body shall file with the court the record of their official actions in regard to such application and a certified copy of the annexing ordinance.
(b) The judgment of the court on any such petition may declare the annexation ordinance null and void upon a finding that the application and the municipal corporation's action thereon are not in substantial compliance with this article. Upon a finding that procedural defects or defects in the plan for service to the annexed area exist, the court, where possible, shall frame a judgment to perfect such defect and uphold the ordinance.
(c) Actions provided for in this Code section shall be in accordance with Chapter 4 of Title 9.
(d) Any aggrieved party may obtain a review of a final judgment under this Code section as is provided by law in other cases.
36-36 30 36-36-40. Nothing within this article shall prohibit the municipal corporation from requiring the residents of the newly annexed area to use utilities owned by the municipal corporation when they are available.
ARTICLE 3 ARTICLE 4
36-36 40 36-36-50. It is declared to be the intention of the General Assembly in enacting this article to provide a method for annexing to municipal corporations areas which meet the legislative standards established by Code Section 36-36-44 36-36-54. This article is not intended to affect or restrict the present authority of the General Assembly to legislate regarding the annexation of any area contiguous to any municipal corporation in this state, nor to limit in any way the authority of the General Assembly to provide alternative methods for extending municipal boundaries. This article shall not affect legislation pending on July 1, 1970.
36-36 41 36-36-51. It is declared to be the policy in this state: (1) That municipal corporations are created for the purpose of providing local gov-
ernmental services and for ensuring the health, safety, and welfare of persons and the protection of property in areas being used primarily for residential, commercial, industrial, and institutional purposes;

THURSDAY, FEBRUARY 13, 1992

883

(2) That the orderly growth of municipal corporations, based on the need for municipal services and the ability of the municipal corporation to serve, is essential to the economic progress of the state and to the well-being of its urban citizens;
(3) That the extension of municipal boundaries to accomplish orderly growth should be in accordance with standards established by the General Assembly; and
(4) That any areas included within municipal boundaries under this article should receive all services provided by the annexing municipal corporation as soon as possible after coming within its boundaries. 36-36-42 36-36-52. As used in this article, the term:
(1) 'Contiguous area' means any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right of way, a creek or river, the right of way of a railroad or other public service corporation, lands owned by the municipal corporation or some other political subdivision, or lands owned by this state.
(2) 'Used for residential purposes' refers to any lot or tract five acres or less in size on which is constructed a habitable dwelling unit. 36-36 43 36-36-53. The governing body of any municipal corporation may extend the corporate limits of the municipal corporation to include any area which meets the standards of Code Section 36 36-46 36-36-56, under the conditions and procedure provided
in this article and in accordance with the procedures provided in Article 1^ of this chapter.
36-36-44 36-36-54. (a) A municipal governing body may extend the municipal cor-
porate limits to include any area: (1) Which meets the general standards of subsection (b) of this Code section; and
(2) Every part of which meets the requirements of either subsection (c) or subsection (d) of this Code section. (b) The total area to be annexed must meet the following standards on the date of the adoption of the resolution:
(1) It must be adjacent or contiguous to the municipal corporation's boundaries at the time the annexation proceeding is begun;
(2) At least one-eighth of the aggregate external boundaries of the area must coincide with the municipal boundary;
(3) No part of the area shall be included within the boundary of another municipal corporation or county; and
(4) No part of the area shall, at the time notice of public hearing is given in accordance with Code Section 36 36-47 36-36-57, be receiving either water service or
sewer service, or both, and also either police protection or fire protection from any unit of government other than the municipal corporation proposing annexation. This requirement may be waived by written agreement of the municipal corporation pro-
posing annexation and of the other unit of government affected. Where a waiver of this requirement is applicable, a copy of the agreement shall be made a part of the report required by Code Section 36-36-46 36-36-56. Where contracts exist between
counties and municipal corporations, both government entities must agree by mutual consent prior to annexation.
(c) Except as provided in subsection (d) of this Code section, the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined
as any area which, on the date of the adoption of the annexation resolution, has a total resident population equal to at least two persons for each acre of land included within
its boundaries and is subdivided into lots and tracts such that at least 60 percent of the total acreage consists of lots and tracts five acres or less in size and such that at least
60 percent of the total number of lots and tracts are one acre or less in size. (d) In addition to areas developed for urban purposes, a governing body may include
in the area to be annexed any area which does not meet the requirements of subsection (c) of this Code section if such area lies between the municipal boundary and an area developed for urban purposes such that the area developed for urban purposes is either
not adjacent to the municipal boundary or cannot be served by the municipal corporation without extending services and water and sewer lines through the sparsely devel-
oped area and, if such area is adjacent, on at least 60 percent of its external boundary

884

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to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection (c) of this Code section.
(e) In fixing new municipal boundaries, a municipal governing body shall, wherever practical, use natural topographic features, such as ridge lines, streams, and creeks, as boundaries. If a street is used as a boundary, the governing body shall, wherever practical, include within the municipal corporation land on both sides of the street; such outside boundary may not extend more than 200 feet beyond the right of way of the street, except to include all of a lot or parcel of land partially within 200 feet of the right of way.
36-36-46 36-36-55. In determining population and degree of land subdivision for purposes of meeting the requirements of Code Section 36-36-44 36-36-54, the municipal corporation shall use methods calculated to provide reasonably accurate results. In determining, on appeal to the superior court, whether the standards set forth in Code Section 36-36-44 36-36-54 have been met, the reviewing court shall accept the estimates of the municipal corporation:
(1) As to population, if the estimate is based on the number of dwelling units in
the area multiplied by the average family size in the area or in the county or counties of which the area is a part, as determined by the last preceding federal census or
based on a new enumeration carried out under reasonable rules and regulations by the annexing municipal corporation, provided that the court shall not accept such esti-
mates if the petitioner on appeal demonstrates that the estimates are in error in the amount of 10 percent or more;
(2) As to total area, if the estimate is based on an actual survey, on county tax
maps or records, on aerial photographs, or on some other reasonably reliable map used for official purposes by a governmental agency, unless the petitioner on appeal demonstrates that the estimates are in error in the amount of 5 percent or more; and
(3) As to degree of land subdivision, if the estimates are based on an actual survey, on county tax maps or records, on aerial photographs, or on some other reasonably reliable source, unless the petitioner on appeal shows that the estimates are in error
in the amount of 5 percent or more. 36-36-46 36-36-56. (a) A municipal corporation exercising authority under this article shall make plans for the extension of services to the area proposed to be annexed
and, prior to the public hearing provided for in Code Section 36-36-47 36-36-57, shall prepare a report setting forth its plans to provide services to such area.
(b) The report required in subsection (a) of this Code section shall include: (1) A map or maps of the municipal corporation and adjacent territory, showing
the present and proposed .boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls as required in paragraph (3) of this Code section, and the general land use pattern in the area to be annexed;
(2) A statement showing that the area to be annexed meets the requirements of Code Section 36-36'44 36-36-54; and
(3) A statement setting forth the plans of the municipal corporation for extending
to the area to be annexed each major municipal service performed within the municipality at the time of annexation. (c) The plans required in subsection (a) of this Code section shall:
(1) Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on
substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. If a water distribution system
is not available in the area to be annexed, the plans must call for reasonable, effective fire protection services until such time as water lines are made available in such area under existing municipal policies for the extension of water lines;
(2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed so that when such lines are constructed property owners in
the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions;

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885

(3) If extension of major trunk water mains and sewer outfall lines into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains and outfalls as soon as possible following the effective date of annexation. In any event, the plans shall call for contracts to be let and construction to begin within 18 months following the effective date of annexation; and
(4) Set forth the methods under which the municipal corporation plans to finance extension of services into the area to be annexed. 36-36-47 36-36-57. (a) Any municipal governing body desiring to annex territory pursuant to this article shall first pass a resolution stating the intent of the municipal corporation to consider annexation. The resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on the question of annexation. The date for the public hearing shall be not less than 30 days and not more than 60 days following passage of the resolution. The notice of the public hearing shall (1) fix the date, hour, and place of a public hearing, (2) describe clearly the boundaries of the area under consideration, and (3) state that the report required in Code Section 36-36-46 36-36-56 will be available at the office of the municipal clerk at least 14 days prior to the date of the public hearing. The notice shall be given by publication in a newspaper having general circulation in the municipality once a week for three successive weeks prior to the date of the hearing. The date of the last publication shall be not more than seven days preceding the date of public hearing. If there is no such newspaper, the municipal corporation shall post the notice in at least three public places within the municipality and in at least three public places in the area to be annexed for 30 days prior to the date of the public hearing. (b) At least 14 days before the date of the public hearing, the governing body shall approve the report provided for in Code Section 36-36 46 36-36-56 and shall make it available to the public at the office of the municipal clerk. In addition, the municipal corporation may prepare a summary of the full report for public distribution.
(c) At the public hearing, a representative of the municipal corporation shall first make an explanation of the report required in Code Section 36-36-46 36-36-56. Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing and all residents of the municipality shall be given an opportunity to be heard.
36-36 48 36-36-58. The municipal corporation shall issue a call for a referendum to ratify or reject the adoption of the annexation resolution. The referendum shall be held not less than 30 days nor more than 60 days after the date of the public hearing required by Code Section 36-86 47 36-36-57. The referendum shall be held, insofar as possible, under the procedures set forth in Chapter 3 of Title 21 for special elections. Only those persons registered to vote for members of the General Assembly residing, on the date of the adoption of the resolution, in the proposed area to be annexed shall vote in the referendum. If a majority of those voting vote in favor of annexation, the area shall become a part of the corporate limits of the municipality, but not otherwise. If a majority of those voting vote against the annexation, a period of two years must elapse before annexation of the same area or any portion thereof may be attempted again under authority of this article.
36-36 40 36-36-59. Whenever the limits of a municipal corporation are enlarged in accordance with this article, it shall be the duty of the mayor of the municipal corporation to cause a accurate map ef- the annexed territory, together wttfe et copy ef- the rcaolution duly certified, to i9ft recorded tft trie oiftce of trie rc^istrflf of deeds of trie county
an identification of the annexed territory is to be filed with the Secretary of State and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3.
36-36 60 36-36-60. Any municipal corporation initiating annexations under this article is authorized to make expenditures for surveys required to describe the property under consideration or for any other purpose necessary to plan for the study and annexation of unincorporated territory adjacent to the municipal corporation. In addition, following final passage of the annexation ordinance, the annexing municipal corporation

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shall have authority to proceed with expenditures for construction of water and sewer lines and other capital facilities and for any other purpose calculated to bring services into the annexed area in an effective and expeditious manner prior to the effective date of annexation.
36-36-61 36-36-61. This article shall not apply to any territory which has been a part of a municipal corporation for three years immediately preceding July 1, 1970, and which has been or is in the process of being deannexed from the corporate limits of any such municipal corporation.
ARTICLE 4 ARTICLE 5
36-36-70. (a) The government of no municipality of this state may annex to the existing corporate limits of such municipality any unincorporated area in which water, sewerage, police protection, fire protection, and garbage or refuse collection is furnished or is to be furnished by the county in which such unincorporated area is situated, or where the county has included such unincorporated area in a comprehensive zoning plan of the county, without first obtaining the approval of the governing authority of the county in which such unincorporated area is situated. Such approval must be obtained by an official act of the governing authority of the county and must be duly recorded upon the minutes of such body. The owner of any real property situated in such county shall have the right to enjoin any municipality which has not obtained the required approval of the governing authority of the county from exercising any municipal powers, functions, or duties over the unincorporated area improperly sought to be annexed to the existing corporate limits by an action for injunction filed in the superior court of the county in which the territory proposed for annexation is situated.
(b) The provisions of this Code section shall apply only to those counties of this state having a population of not less than 480,000 and not more than 580,000 according to the United States decennial census of 1980 or any future such census.
ARTICLE 6
36-36-90. As used in this article, the term: (1) 'Contiguous area' means any unincorporated area which, on or after January 1^
1991, had an aggregate external boundary directly abutting a municipal boundary. Any area shall be considered 'contiguous' if the aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of:
(A) Any street or street right of way; (B) Any creek or river; or (C) Any right of way of a railroad or other public service corporation. (2) 'Municipal corporation' means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1980 or any future such census. (3) 'Unincorporated island' means: (A) An unincorporated area in existence on January l^ 1991, and consisting of 100 acres or less with its aggregate external boundaries abutting the annexing municipality; (B) An unincorporated area in existence as of January lj 1991, and consisting of 100 acres or less with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or (C) An unincorporated area in existence as of January 1^ 1991, and consisting of 100 acres or less which the county governing authority has by resolution adopted not later than 90 days following July 1^ 1992, that identifies any unincorporated area of the county to which the county has no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county. 36-36-91. For the purposes of determining the aggregate external boundary of an unincorporated area, all real property in the area to be annexed, which at the time the

THURSDAY, FEBRUARY 13, 1992

887

annexation procedures are initiated, (1) is unincorporated, and (2) is in the same county as the annexing municipal corporation, shall have its area included in determining the aggregate external boundary.
36-36-92. (a) The governing body of each municipal corporation of the state shall be required to annex to the existing corporate limits thereof unincorporated islands which are contiguous to the existing limits at the time of such annexation upon compliance with the procedures set forth in this article and in accordance with the procedures provided in Article 1 of this chapter.
(b) At a regular meeting of the municipal governing authority , _the _muni_ci_pa_lit_y _sha_ll annex all contiguous unincorporated islands by ordinance. After the adoption of the annexation ordinance, an identification of the property annexed shall be filed with the Secretary of State and with the governing authority of the county in which the property is located, in accordance with Code Section 36-36-3.
(c) If an unincorporated island directly abuts more than one municipality, the municipality which abuts the unincorporated island along the greatest percentage of its external boundary shall annex the unincorporated island as provided in this Code section, unless otherwise agreed to by the affected municipalities.
(d) The annexations required by this article shall be completed no later than January lj 1994; provided, however, that municipalities with an independent school system may accomplish such annexations on or before January l 2004, when the governing body of such municipalities determine that any annexation pursuant to this article would adversely impact the municipal finances and ability to provide services and educational facilities in the area to be annexed."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Watson of the 114th moves to amend the Committee substitute to HB 113 as follows:
Add on page 28 line 8 after "36-36-3" the following:
"; provided, however, no unincorporated Island having more than 5 places of residence located therein shall be annexed pursuant to this article without the written agreement of the owners 60% of such places of residence."

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

Y Abernathy
Y Adams Aiken
N Alford N Ashe Y Atkins
Baker Balkcom
N Barfoot N Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux N Bostick
Branch Y Breedlove Y Brooks N Brown

Y Brush YBuck N Buckner
YByrd N Campbell Y Canty Y Carrell N Carter N Cauthorn Y Chafin N Chambless
Cheeks N Childers Y Clark.E N Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth N Cummings.B Cummings.M Y Davis.D

Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Elliott Felton Fennel Floyd.J.M
Y Floyd,J.W Flynt
N Godbee Y Golden
Goodwin
E Green N Greene
Griffin Groover
N Hamilton N Hammond

Y Hanner Y Harris.B
Harris.J Y Heard Y Henson
Herbert N Holland Y Holmes
Howard N Hudson
Irwin Y Jackson Y Jamieson Y Jenkins
N Jones Y Kilgore
King N Kingston Y Klein
YLadd N Lane.D N Lane.R
Langford

Y Lawrence Lawson
YLee N Long
Lord Lucas YMann N Martin
McBee Y McCoy N McKelvey
McKinney.B McKinney.C N Meadows Y Merritt Milam
N Mills N Mobley
Moody Morsberger Y Moultrie Y Mueller N Oliver.C

888

JOURNAL OF THE HOUSE,

Oliver.M
Y Orr
Orrock N Padgett Y Parham Y Parrish N Patten
Pelote Y Perry N Pettit Y Pinholster
Pinkston Y Poag

Y Porter
N Poston
N Powell,A Y Powell.C Y Presley Y Purcell N Randall Y Ray Y Reaves Y Redding Y Ricketson N Royal N Selman

Y Sherrill
N Simpson
Sinkfield N Skipper Y Smith.L N Smith,?
Smith.T Y Smith.W
Smyre N Snow Y Stancil.F Y Stancil.S
Stanley

Streat
Taylor
Y Teper N Thomas.C
Thomas.M Thomas.N Thurmond Titus Y Tolbert Townsend Turnquest Y Twiggs Valenti

On the adoption of the amendment, the ayes were 76, nays 51. The amendment was adopted.

Y Vaughan
Y Walker,.)
Y Walker.L N Wall Y Watson N Watts N White N Wilder
Williams.B Williams.J Y Williams.R N Yeargin Murphy.Spkr

The following amendment was read and adopted:

Representative Jackson of the 9th moves to amend the Committee substitute to HB 113 by inserting on line 28 of page 3 between the numbers "36-36-4." and the word "The" the following:
"(a)".
By inserting between lines 11 and 12 of page 4 the following:
"(b) Where any municipality has previously, by annexation of the right of way of a county road, created an unincorporated area with its aggregate external boundaries abutting the municipality and the right of way of such road with all areas directly abutting the opposite side of such road also being unincorporated areas, the unincorporated island shall not be deemed to create an island."

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee substitute to HB 113 as follows:
By adding on line 4 page 2 after the word "void" the following:
"provided, however, any such bill shall be subject to amendment during the legislative process without affecting its validity."

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee substitute to HB 113 on page 28, line 24 by inserting a new subsection (e) to read as follows:
"(e) The provisions of this Article with regard to annexation of unincorporated islands is severable as to each city and to the annexation of each unincorporated island therein. The implementation of each annexation pursuant to this Article is contingent upon preclearance of each annexation by the U.S. Justice Department pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973 (c). Any city annexing an unincorporated island pursuant to this Article shall submit such annexation to the U. S. Justice Department for preclearance not later than sixty (60) days following the date of adoption of the annexation ordinance by the municipal governing authority."

The following amendment was read and withdrawn:

THURSDAY, FEBRUARY 13, 1992

889

Representatives Pettit of the 19th and Lane of the 27th move to amend the Committee substitute to HB 113 on page 28, lines 15 through 23 by striking subparagraph (d) in its entirety and inserting in lieu thereof the following:
"(d) Annexations required by this Article shall be completed no later than January 1, 1994; provided, however, that annexation by municipalities with an independent school system shall be at the sole discretion of the governing body of such municipalities."

The following amendment was read and adopted:

Representatives Lane of the 27th and Pettit of the 19th move to amend the Committee substitute to HB 113 on page 28, lines 15 through 23 by striking subparagraph (d) in its entirety and inserting in lieu thereof the following:
"(d) Annexations under this Article shall be that at the sole discretion of the governing body of such municipality."

Representative Lane of the 27th moved that the House reconsider its action in adopting the Watson amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy
Y Adams Aiken
Y Alford Y Ashe N Atkins Y Baker
Balkcom Y Barfoot
Y Bargeron N Barnett.B
N Barnett.M Bates
N Beatty Y Benefield N Birdsong Y Blitch
Bordeaux N Bostick Y Branch N Breedlove N Brooks N Brown N Brush N Buck Y Buckner
N Byrd Y Campbell
N Canty N Carrell
Carter
N Cauthorn N Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L N Coker
N Coleman Colwell Connell
Y Culbreth Y Cummings.B
Cummings.M
N Davis.D Davis.G
Y Davis.M Y Dixon.H
Dixon.S Y Dobbs
Dover N Dunn Y Edwards Y Elliott
Felton Y Fennel
Floyd.J.M
Y Floyd.J.W Y Flynt Y Godbee Y Golden
Goodwin E Green
Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner N Harris.B Y Harris.J

Y Heard
N Henson Y Herbert Y Holland Y Holmes N Howard Y Hudson Y Irwin N Jackson
N Jamieson Y Jenkins Y Jones N Kilgore
King Y Kingston N Klein N Ladd Y Lane.D Y Lane.R Y Langford
N Lawrence Y Lawson N Lee YLong
Lord
Lucas N Mann Y Martin
McBee N McCoy Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

On the motion, the ayes were 84, nays 56. The motion prevailed.

Y Mills Y Mobley N Moody
Morsberger
Y Moultrie N Mueller Y Oliver.C Y Oliver.M NOrr
Orrock
Y Padgett N Parham N Parrish Y Patten
Pelote N Perry Y Pettit N Pinholster Y Pinkston N Poag N Porter Y Poston Y Powell.A
Y Powell.C N Presley
N Purcell Y Randall NRay Y Reaves N Redding N Ricketson Y Royal Y Selman Y Sherrill N Simpson
Sinkfield

Y Skipper N Smith.L Y Smith.P
Smith.T N Smith,W
Smyre YSnow
N Stancil.F N Stancil.S
Stanley Streat Y Taylor Y Teper Y Thomas.C Thomas.M Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Turnquest N Twiggs Valenti N Vaughan Walker.J N Walker.L
Y Wall N Watson Y Watts
Y White Y Wilder
Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

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

890

JOURNAL OF THE HOUSE,

Y Abernathy Y Adams
Aiken N Alford N Ashe Y Atkins N Baker
Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty N Benefield Y Birdsong N Blitch
Bordeaux N Bostick N Branch Y Breedlove Y Brooks N Brown Y Brush Y Buck N Buckner Y Byrd N Campbell Y Cantv Y Carrell
Carter N Cauthorn Y Chafin N Chambless N Cheeks N Childers

Y Clark.E
N Clark.L
Y Coker
Y Coleman
Colwell Connell Y Culbreth N Cummings.B Cummings,M Y Davis.D Davis.G Y Davis.M N Dixon.H Dixon,S Y Dobbs
Dover
Y Dunn
Y Edwards
Y Elliott
Felton
N Fennel
Y Floyd.J.M
Y Floyd.J.W
N Flynt N God bee Y Golden
Good win
E Green
N Greene
Y Griffin
Groover N Hamilton N Hammond
Manner Y Harris.B
Harris,J

Y Heard Y Henson N Herbert N Holland N Holmes N Howard N Hudson
N Irwin Y Jackson Y Jamieson
Y Jenkins N Jones Y Kilgore
King N Kingston
Y Klein Y Ladd N Lane.D N Lane.R N Langford Y Lawrence N Lawson YLee
N Long
Lord Lucas
Y Mann
N Martin
McBee
Y McCoy
N McKelvey McKinney,B McKinney.C
N Meadows
Y Merritt N Milam

Y Mills N Mobley Y Moody
Morsberger N Moultrie Y Mueller N Oliver.C N Oliver,M
YOrr
Orrock
N Padgett
Y Parham Y Parrish
N Patten
N Pelote Y Perry N Pettit Y Pinholster
Pinkston
YPoag Y Porter
N Poston
N Powell.A N Powell.C Y Presley Y Purcell N Randall
N Ray N Reaves
Y Redding
Y Ricketson
N Royal N Selman N Sherrill
N Simpson Sinkfield

N Skipper Y Smith.L N Smith.P
Smith.T
Y Smith.W Smyre
N Snow Y Stancil.F Y Stancil.S
Stanley Streat Taylor N Teper N Thomas.C Thomas.M Thomas.N Thurmond N Titus Y Tolbert Townsend Turnquest Y Twiggs Valenti Y Vaughan Y Walker.J Y Walker.L N Wall Y Watson N Watts N White N Wilder Williams.B Williams,J N Williams.R N Yeargin Murphy,Spkr

On the readoption of the amendment, the ayes were 67, nays 72. 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 Abernathy N Adams
Aiken Y Aliord
Y Ashe N Atkins
Y Baker Balkcom
Y Barfoot Y Bargeron N Barnett.B N Barnett.M
Bates Y Beatty N Benefield N Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
N Breedlove N Brooks N Brown N Brush

Y Buck Y Buckner
NByrd
Y Campbell N Canty Y Carrell
Carter
Y Cauthorn
N Chafin Y Chambless N Cheeks Y Childers N Clark.E Y Clark.L N Coker Y Coleman
Colwell
Connell
Y Culbreth Y Cummings.B
Cummings.M N Davis.D
Davis.G Y Davis.M

Y Dixon.H
Dixon.S N Dobbs
Dover N Dunn
Y Edwards Y Elliott
Felton N Fennel
Y Floyd.J.M
N Floyd.J.W
Y Flynt Y Godbee N Golden N Goodwin E Green Y Greene N Griffin
Groover Y Hamilton Y Hammond
Y Hanner Y Harris.B Y Harris.J

N Heard Y Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Y Irwin N Jackson
Jamieson Y Jenkins
Y Jones
Y Kilgore King
Y Kingston N Klein NLadd Y Lane.D Y Lane.R Y Langford
Y Lawrence
Y Lawson NLee
Y Long

Lord Lucas N Mann Y Martin McBee
Y McCoy Y McKelvey
McKinney.B McKinney.C N Meadows Y Merritt Y Milam N Mills Y Mobley N Moody N Morsberger
Y Moultrie
N Mueller
Y Oliver.C
Y Oliver.M
YOrr
Orrock
Y Padgett
Y Parham

THURSDAY, FEBRUARY 13, 1992

891

Y Parrish
Y Patten Y Pelote N Perry Y Pettit
N Pinholster Y Pinkston N Poag
Y Porter
Y Poston
Y Powell.A
Y Powell.C

Y Presley
N Purcell Y Randall N Ray Y Reaves
Y Redding Y Ricketson Y Royal
Y Selman
Y Sherrill
N Simpson
Sinkfield

Y Skipper
N Smith.L Y Smith.P
Smith.T N Smith,W
Smyre Y Snow N Stancil.F
N Stancil.S
Stanley
Streat
Y Taylor

Y Teper
Y Thomas.C Thomas.M Thomas.N Thurmond
Y Titus Y Tolbert
Townsend
Turnquest
N Twiggs
Valenti
N Vaughan

Walker.J
N Walker.L Y Wall N Watson Y Watts
Y White N Wilder
Williams,B
WilliamsJ
Y Williams.R
Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 93, nays 50.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 113 was ordered immediately transmitted to the Senate.

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.

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 311. By Representative Childers of the 15th:
A bill to amend Code Section 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Georgia, so as to provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, notwithstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Georgia, so as to provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, notwithstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application; to provide for the payment of disability benefits in connection therewith; 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 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Georgia, is amended by striking subsection (a) in its entirety and substituting in lieu thereof new subsections (a) and (a.l) to read as follows:
"(a) Any member who is in service or on authorized leave may retire on disability upon written application to the board of trustees if he the member has at least ten years of creditable service at the time of retirement and if his the member's application for disability retirement is approved by the medical board. The medical board shall approve the application if, after a medical examination of such member by a qualified physician appointed by the board of trustees, it finds that the applicant is mentally or physically

892

JOURNAL OF THE HOUSE,

incapacitated for further performance of duty involving active membership with the retirement system, that such incapacity is likely to be permanent, and that fee the applicant should be retired. T-he Except as otherwise provided in subsection (a.l) of this Code section, the effective date of retirement will be the first of the month in which the application is received by the board of trustees, provided that no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement.
(a.l) The board of trustees is authorized to establish the date of ceasing to perform duty as an active member because of disability as the effective date of disability retirement, notwithstanding the fact that an application for disability retirement was not filed at the time specified in subsection (a) of this Code section, if the board determines by evidence satisfactory to the board that the disability itself was the cause of the failure to file a timely application for disability retirement. In approving disability retirement under this subsection, the board of trustees is authorized to calculate the annual pension provided for in subsection (c) of this Code section as if the member had retired on such effective date of disability retirement increased by any increases in benefits which the member would have received if he had retired on that date; provided, however, that the board of trustees is not authorized to pay disability benefits retroactive prior to the first of the month in which the application is received. This subsection applies to former members who became disabled at any time prior to July 1^ 1992, as well as to former members who become disabled on or after July 1^ 1992."
Section 2. This Act shall become effective on July 1, 1992, 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, 1992, 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 Abernathy Y Adams Y Aiken Y Alford
Ashe Y Atkins Y Baker
Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell

Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Cummings.M Y Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott
Felton

Y Fennel
Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin
Groover
Y Hamilton Hammond
Y Manner Y Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard
Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones

Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson YLee YLong Y Lord
Lucas Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney,B McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger

Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Ricketson Y Royal

THURSDAY, FEBRUARY 13, 1992

893

Y Selman
Y Sherrill Y Simpscm Y Sinktield Y Skipper Y Smith.L Y Smith,P
Smith,'!'

Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Streat
Y Taylor

Y Teper
Y Thomas.C Thomas.M Thomas.N Thurmond
Y Titus Y Tolbert
Townsend

Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall
Y Watson

Y Watts
Y White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Hammond of the 20th and Mann of the 6th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 150. By Representatives Barnett of the 59th and Davis of the 45th:
A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the furnishing to, the purchasing of, or the possession by persons under 21 years of age of alcoholic beverages, so as to provide that persons under 21 years of age who are convicted of unlawful possession of alcoholic beverages shall be required to complete a DUI alcohol or drug use risk reduction program.

The following Committee substitute was read:

A BILL
To amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the possession by persons under 21 years of age of alcoholic beverages, so as to provide that persons under 21 years of age who are convicted of unlawful possession of alcoholic beverages may be required to complete a DUI alcohol or drug use risk reduction program; to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to suspension and reinstatement of a driver's license, so as to provide for suspension of the driver's license of any person under 21 years of age who is convicted of the unlawful possession of alcoholic beverages while operating a motor vehicle; to require completion of a DUI alcohol or drug use risk reduction program as a condition of reinstatement of such license; 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 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the possession by persons under 21 years of age of alcoholic beverages, is amended by adding a new subsection (f) to read as follows:
"(f) In addition to any other punishment or sentence, the court may order all persons convicted under subsection (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI drug or alcohol use risk reduction program as prescribed by the Department of Human Resources within 120 days of such conviction or sentence. Failure to complete such program within 120 days shall be contempt of court and shall be punished by a fine of not more than $300.00 or 20 days imprisonment, or both. If the conviction or sentence results from a charge of unlawful possession of alcoholic beverages while operating a motor vehicle, the court shall report such conviction or sentence to the Department of Public Safety within ten days after conviction or sentencing."

894

JOURNAL OF THE HOUSE,

Section 2. Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to suspension and reinstatement of a driver's license, is amended by adding a new subsection (f) to read as follows:
"(f) The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle shall be suspended by operation of law for a period of not less than 120 days. 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 only if the person submits proof of completion of the assessment component and either the education/intervention component or the intensive intervention component of a DUI alcohol or drug use risk reduction program prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that he completes a DUI drug or alcohol use risk reduction program within 120 days after sentencing."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Bostick of the 138th moves to amend the Committee substitute to HB 150 as follows:
By striking the word "shall" from line 18 page 2 and inserting in lieu thereof "may".

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 Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Y Barnett.B Y Barnett,M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch
Y Breedlove Y Brooks Y' Brown Y Brush Y Buck Y' Buckner Y Byrd Y Campbell Y Canty Y Carrell \ Carter

Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Clark.L Y Coker Y Coleman
Colwell Connell
Y Culbreth Cummings,B Cummings.M
Y Davis.D Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Elliott Felton
Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden

Y Goodwin
E Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris.B Y HarrisJ Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin
Y Jackson Y rlamieson Y Jenkins Y Jones
Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence

Y Lawson Y Lee YLong
Lord Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney,B McKinney.C
Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Y Parham Y Parrish
Y Patten Y Pelote Y Perry

Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Poston Powell.A
Y Powell.C Y Presley Y Purcell
Y Randall Ray Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Streat

THURSDAY, FEBRUARY 13, 1992

895

Y Taylor Y Tepcr Y Thomas.C
Thomas.M Thomas.N

Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquesl

Y Twiggs Y Valenti Y Vaughan
Walker,,] Y Walker.L

Y Wall Watson
Y Watts Y White Y Wilder

Y Williams.B Y Williams,,! Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 150 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 1255.

By Representatives Dobbs of the 74th, Watts of the 41st, Benefield of the 72nd, Chambless of the 133rd, Chafin of the 72nd and others:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to require a county which sells materials used in the construction of water systems, sewer systems, or other such facilities to publish acceptable manufacturing or engineering standards of such materials sold by the county and such other materials, if any, which the county finds acceptable for the construction of such facilities.

Representative Dobbs of the 74th moved that further consideration of HB 1255 be postponed until tomorrow immediately following the period of unanimous consents.
The motion prevailed.

HB 1519.

By Representatives Oliver of the 53rd, Baker of the 51st and Porter of the 119th:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that if the Department of Human Resources is the petitioner, then no guardian ad litem need be appointed; to provide for admissibility of blood tests.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that if the Department of Human Resources is the petitioner, then no guardian ad litem need be appointed; 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 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, is amended by striking subsection (a) of Code Section 19-7-44, relating to parties and guardian ad litem, and inserting in lieu thereof the following:
"(a) The child shall be made a party to the action. If h the child is a minor, he the child shall be represented by a guardian ad litem appointed by the court. If the

896

JOURNAL OF THE HOUSE,

Department of Human Resources is the petitioner, and the court determines that no conflict of interest exists, the court need not appoint a guardian. Neither the child's mother nor his the alleged or presumed father may represent the child as guardian ad litem."
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 Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y' Bordeaux Y Bostick Y Branch
Breedlove
Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Cummings.M Y Davis.D Davis,G Y Davis.M Y Dixon.H Y Dixon,S Dobbs Y Dover Y Dunn Y Edwards
Y Elliott Y Felton Y Fennel
Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover Y Hamilton
Hammond Y Hanner Y Harris.B
Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D
Y Lane.R Y Langford Y Lawrence
Y Lawson YLee YLong
Lord
Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney,C Meadows Y Merritt
Y Milam

Y Mills Y Mobley
Y Moody Y Morsberger
Y Moultrie Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Poag Y Porter
Y Poston Y Powell.A N Powell.C
Y Presley Y Purcell
Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith/!' Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper
Y Thomas.C Thomas,M Thomas,N
Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson
Y Watts Y White
Wilder Y Williams.B Y Williams.J
Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Hammond of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Powell of the 145th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 771. By Representatives Streat of the 139th, Benefield of the 72nd, Cheeks of the 89th, Snow of the 1st and Carrell of the 65th:
A resolution urging the Department of Transportation to adopt a standard design for roadway signs to warn drivers that logging trucks are entering the highway.

THURSDAY, FEBRUARY 13, 1992

897

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 Abernathy Y Adams
Aiken
Y Alford Y Ashe Y Atkins Y Baker
Balkcom
Barf oot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown
Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Y Coleman Colwell Connell
Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dilon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y FloydJ.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Lucas Y Mann Y Martin
Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Mills
Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y SSmmiitthh.,P'!'
Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams.J
Williams.R 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.

HB 1144.

By Representatives Randall of the 101st and Redding of the 50th:
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 clarify the definition of pledged goods as it relates to a motor vehicle and motor vehicle certificates of title.

The following Committee substitute was read:

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, and Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, so as to change certain definitions; to prohibit the leasing of motor vehicles in relation to a pawn transaction; to provide for limitations on the duration of pawn transactions; to provide for limitations on the amount of any repossession fee charged in relation to a pawn transaction involving a motor vehicle; to provide for a holding period after repossession; to provide for certain required contents of any advertisement or sign relating to a pawn shop or pawn transaction; to provide for disclosure tickets or

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statements and their contents; to provide for certain disclosures; to provide for limitations on charges and fees regarding pawn transactions; to provide for a right of action regarding excess charges; to provide for other matters relating to or regulating pawn transactions and pawnbrokers; 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. Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, is amended by striking paragraph (3) of Code Section 44-12-130, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Pawn transaction' means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods may be redeemed or repurchased by the pledgor or seller for a fixed price within a fixed period of time and any purchase ot a motor vehicle on the condition that such motor vehicle may DC redeemed of repurchased oy tnc seller tor ft tixcd price within ft tixcd period of time ad ay tee leased back te the setter during stieh period ef time."
Section 2. Said part is further amended by striking paragraph (5) of Code Section 44-12-130, relating to definitions, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Pledged goods' means tangible personal propertyz including, without limitation, all types of motor vehicles or any motor vehicle certificate of title, which property is purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction. However, for purposes of this Code section, possession of any motor vehicle certificate of title which has come into the possession of a pawnbroker through a pawn transaction made in accordance with law shall be conclusively deemed to be possession of the motor vehicle, and the pawnbroker shall retain physical possession of the motor vehicle certificate of title for the entire length of the pawn transaction but shall not be required in any way to retain physical possession of the motor vehicle at any time. 'Pledged goods' shall not include ether than choses in action, securities, or printed evidences of indebtedness; which property is prchaacd by^ deposited with, er otherwise actually delivered rte the possession ef- a pawnbrokcr in connection with a pawn transaction."
Section 3. Said part is further amended by striking subsection (a) of Code Section 44-12-131, relating to the legal rate of interest and consequences of excessive charges, which reads as follows:
"(a) Any pawnbroker may contract for and receive interest up to the rate of 2 percent per month, with a minimum charge of $5.00, on the principal amount advanced on the pawn transaction and a pawnshop charge for all services, expenses, costs, and losses of every nature whatsoever. The pawnshop charge allowed under this subsection shall not exceed one-fourth of the principal amount, per month, advanced in the pawn transaction. The pawnshop charge shall not be deemed interest for any purpose. Motor vehicles shall be exempt from the limit of one-fourth of the principal amount provision of this subsection and pawnshops may charge a storage fee for motor vehicles not to exceed $30.00 per day.", and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) All pawn transactions shall be for 30 day periods but may be extended or continued for additional 30 day periods.
(2) A pawnbroker shall not lease back to the seller or pledgor any motor vehicle during a pawn transaction or during any extension or continuation of the pawn transaction.
(3) Unless otherwise agreed, a pawnbroker has upon default the right to take possession of the motor vehicle. In taking possession, the pawnbroker or his agent may proceed without judicial process if this can be done without breach of the peace or may proceed by action.

THURSDAY, FEBRUARY 13, 1992

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(4) (A) During the first 90 days of any pawn transaction or extension or continuation of the pawn transaction, a pawnbroker may charge for each 30 day period interest and pawnshop charges which together equal no more than 25 percent of the principal amount advanced, with a minimum charge of up to $10.00 per 30 day period.
(B) On any pawn transaction which is continued or extended beyond 90 days, a pawnbroker may charge for each 30 day period interest and pawnshop charges which together equal no more than 12.5 percent of the principal amount advanced, with a minimum charge of up to $5.00 per 30 day period.
(C) In addition to the charges provided for in subparagraphs (A) and (B) of this paragraph, in a pawn transaction or in any extension or continuation of a pawn transaction involving a motor vehicle or a motor vehicle certificate of title, a pawnbroker may charge the following:
(i) A fee equal to no more than any fee imposed by the appropriate state to register a lien upon a motor vehicle title, but only if the pawnbroker actually registers such a lien;
(ii) No more than $5.00 per day in storage fees, but only if an actual repossession pursuant to a default takes place on a vehicle which was not already in the pawnbroker's possession and only for each day the pawnbroker must actually retain possession of the motor vehicle; and
(iii) A repossession fee not to exceed either $50.00 or the actual repossession fee paid by the pawnbroker, whichever is less, but only if an actual repossession pursuant to a default takes place on a vehicle which was not already in the pawnbroker's possession. (D) If a pledger or seller requests that the pawnbroker mail or ship the pledged item to the pledger or seller, a pawnbroker may charge a fee for the actual shipping and mailing costs, plus a handling fee equal to not more than 50 percent of the actual shipping and mailing costs. (E) In the event the pledger or seller has lost or destroyed the original pawn ticket, a pawnbroker may, at the time of redemption, charge a fee equal to not more than $2.00. (5) No other charge or fee of any kind by whatever name denominated, including but not limited to any other storage fee for a motor vehicle, shall be made by a pawnbroker except as set out in paragraph (4) of this subsection. (6) No fee or charge provided for in this Code section may be imposed unless a disclosure regarding that fee or charge has been properly made as provided for in Code Section 44-12-138. (7) (A) Any interest, fees, or charges collected which are undisclosed, improperly disclosed, or in excess of that allowed by this subsection may be recovered by the pledger or seller in an action at law in any superior court of appropriate jurisdiction. (B) In any such action in which the pledger or seller prevails, the court shall also award reasonable attorneys' fees, court costs, and any expenses of litigation to the pledger or seller. (C) Before filing an action under this Code section, the pledger or seller shall provide the pawnbroker with a written notice by certified mail, return receipt requested, that such an action is contemplated, identifying any fees or charges which the pledger or seller contends are undisclosed, improperly disclosed, or in excess of the fees and charges allowed by this Code section. If the court finds that during the 30 days following receipt of this notice the pawnbroker made a good faith offer to return any excess, undisclosed, or improperly disclosed charges, the court shall award reasonable attorneys' fees, court costs, and expenses of litigation to the pawnbroker. (D) No action shall be brought under this Code section more than two years after the pledgor or seller knew or should have known of the excess, undisclosed, or improperly disclosed charges."
Section 4. Said part is further amended by adding at the end thereof a new Code Section 44-12-138 to read as follows:

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"44-12-138. (a) Any pawnbroker as defined in paragraph (2) of Code Section 44-12-130 shall include most prominently in any and all types of advertisements the word 'pawn' or the words 'pawn transaction.'
(b) Every pawnbroker in every pawn transaction shall present the pledger or seller with a written disclosure ticket or statement in at least nine-point type, appropriately completed, with no other written or pictorial matter except as provided in subsection (c) of this Code section, containing the following information:
(1) Information identifying the pawnbroker by name and address; (2) A statement as follows:
'This is a pawn transaction. Failure to make your payments as described in this document can result in the loss of the pawned item. The pawnbroker can sell or keep the item if you have not made all payments by the specified maturity date.'; (3) If the pawned item is a motor vehicle or motor vehicle certificate of title, a
statement as follows: 'Failure to make your payment as described in this document can result in the
loss of your motor vehicle. The pawnbroker can also charge you certain fees if he or she actually repossesses the motor vehicle.'; (4) A statement that the length of the pawn transaction is 30 days and that it can only be renewed with the agreement of both parties and only for 30 day incremental periods; (5) The annual percentage rate, computed in accordance with the federal Truth in Lending Act and regulations under the federal Truth in Lending Act, for the first 30 days of the transaction, computed as if all interest and pawnshop charges were considered to be interest; (6) The annual percentage rate, computed in accordance with the federal Truth in Lending Act and regulations under the federal Truth in Lending Act, for each 30 day period in which the pawn transaction might be continued or extended, computed as if all interest and pawnshop charges were considered to be interest. For purposes of identifying the annual percentage rate after the second continuation or extension, a single statement which identifies an annual percentage rate for each possible 30 day period thereafter shall meet the requirements of this Code section; (7) A statement in dollar amounts of how much it will cost the seller or pledger to redeem the merchandise in the first 30 day period of the transaction; (8) A statement in dollar amounts of how much it will cost the seller or pledger to redeem the merchandise in any 30 day period after the first 30 day period of the pawn transaction, provided that all fees and charges have been kept current; (9) A statement of the specific maturity date of the pawn transaction; (10) A statement of how long, the grace period, the pledged goods may be redeemed after the specific maturity date and the dollar amount which will be required to redeem the pledged goods after the specific maturity date;
(11) A statement that after the grace period the pledged goods become the property of the pawnbroker;
(12) If the pawn transaction involves a motor vehicle or motor vehicle certificate of title, a statement that the pawnbroker may not charge a storage fee for the motor vehicle unless the pawnbroker repossesses the motor vehicle pursuant to a default;
(13) If the pawn transaction involves a motor vehicle or motor vehicle certificate of title, a statement that the pawnbroker may charge a storage fee for a repossessed motor vehicle not to exceed $5.00 per day, but only if the pawnbroker actually repossesses and actually must store the motor vehicle;
(14) If the pawn transaction involves a motor vehicle or motor vehicle certificate of title, a statement that the pawnbroker may charge a repossession fee, not to exceed $50.00, but only if the pawnbroker actually repossesses the motor vehicle;
(15) If the pawn transaction involves a motor vehicle or motor vehicle certificate of title, a statement that the pawnbroker may charge a fee to register a lien upon the motor vehicle certificate of title, not to exceed any fee actually charged by the appropriate state to register a lien upon a motor vehicle certificate of title, but only if the pawnbroker actually places such a lien upon the motor vehicle certificate of title;

THURSDAY, FEBRUARY 13, 1992

901

(16) A statement that any costs to ship the pledged items to the pledger or seller can be charged to the pledger or seller, along with a handling fee to equal no more than 50 percent of the actual costs to ship the pledged items; and
(17) A statement that a fee of up to $2.00 can be charged for each lost or destroyed pawn ticket. (c) In addition to the information required by subsection (b) of this Code section, the pawnbroker may, but is not required to, include the following information on the same disclosure ticket or statement, provided that such information is not used to obscure or obfuscate the information required by subsection (b) of this Code section:
(1) Information identifying the pledger or seller; (2) Any logo which the pawnbroker may desire to use; (3) Any numbers or characters necessary for the pawnbroker to identify the mer-
chandise or goods associated with the pawn transaction; (4) Any other information required to be disclosed to consumers by any other law,
rule, or regulation of the United States or of the State of Georgia; (5) Information identifying or describing the pledged item; (6) Information which is only for the internal business use of the pawnbroker; (7) The hours of operation of the pawnbroker; (8) The time of day of the pawn transaction; and (9) Any agreement between the pledgor or seller and the pawnbroker which does
not controvert the provisions of this part, of Part 5 of Article 8 of Chapter 14 of this title, or of Part 2 of Article 15 of Chapter 1 of Title 10. (d) The pawnbroker shall have the pledgor or seller sign the disclosure statement and shall furnish a completed copy to the pledgor or seller. The pawnbroker shall maintain a completed and signed copy of the disclosure statement on file for two years subsequent to the maturity date of the pawn transaction. Failure to maintain such a copy shall be conclusive proof that the pawnbroker did not furnish such a statement to the pledgor or seller. (e) Notwithstanding anything to the contrary contained elsewhere in this Code section, no municipality or local government may impose any requirements upon a pawnbroker regarding the disclosures which must be made to a pledgor or seller or which must be made in the pawn ticket, other than those requirements contained in this Code section."
Section 5. Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, is amended by striking subsection (b) of Code Section 44-14-403, relating to liens of pawnbrokers, actions for interference, and redemption of goods, which reads as follows:
"(b) Pledged goods not redeemed on or before the maturity date fixed and set out in the pawn ticket issued in connection with any transaction shall be held by the pawnbroker for ten days following such date and may be redeemed by the pledgor or seller within such period by the payment of the originally agreed redemption price, the payment of an additional interest charge, and the payment of an additional pawnshop charge, each equal to the original interest charge and original pawnshop charge, provided said goods have not been sold. Pledged goods not redeemed within one month following the originally fixed maturity date shall be automatically forfeited to the pawnbroker by operation of this Code section and shall automatically become the property of the pawnbroker.", and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) There shall be a grace period on all pawn transactions. On pawn transactions involving motor vehicles or motor vehicle certificates of title, the grace period shall be 30 calendar days; on all other pawn transactions the grace period shall be ten calendar days. In the event that the last day of the grace period falls on a day in which the pawnbroker is not open for business, the grace period shall be extended through the first day following upon which the pawnbroker is open for business. The pawnbroker shall not sell the pledged goods during the grace period.
(2) By agreement of the parties, the maturity date of the pawn transaction may be extended or continued for 30 day periods, provided that the interest rates and

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charges as specified in Code Section 44-12-131 are not exceeded. The grace period shall begin running on the first day following the maturity date of the pawn transaction or on the first day following the expiration of any extension or continuation of the pawn transaction, whichever occurs later. All extensions or continuations of the pawn transaction shall be evidenced in writing.
(3) Pledged goods may be redeemed by the pledger or seller within the grace period by the payment of any unpaid accrued fees and charges, the repayment of the principal, and the payment of an additional interest charge not to exceed 12.5 percent of the principal. Pledged goods not redeemed within the grace period shall be automatically forfeited to the pawnbroker by operation of this Code section, and any ownership interest of the pledger or seller shall automatically be extinguished as regards the pledged item.
(4) Any attempt to circumvent the interest rates and charges as specified in Code Section 44-12-131 shall be null and void. A pawn transaction shall be considered to have been extended or continued unless:
(A) All charges, fees, and the principal have actually been paid or repaid on the previous pawn transaction;
(B) The pledged goods in the previous transaction, including but not limited to a motor vehicle certificate of title, have actually been restored to the possession of the pledgor or seller; and
(C) The pledged goods in the previous transaction have been removed from the business premises of the pawnbroker and, in the case of a motor vehicle certificate of title, any lien on the motor vehicle certificate of title has been removed or released."
Section 6. This Act shall become effective on July 1, 1992.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Aiken of the 21st moves to amend the Committee substitute to HB 1144 as follows:
By striking on page 5 lines 6 thru 8 and on line 9 the words "whichever is less" and adding in lieu of, the following:
A repossession fee of $50.00 within 50 miles of the office where the pawn originated, $100.00 within 51 to 100 miles, $150.00 within 101 to 300 miles and a fee of $250.00 beyond 300 miles.

The following amendment was read and lost.

Representative Howard of the 85th moves to amend the Committee substitute to HB 1144 as follows:
Page 11 line 9 after seller.
Inform person before car is moved.

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 Abernathy Y Adams
Aiken

Y Alford Y Ashe Y Atkins

Y Baker Balkcom
Y Barfoot

Y Bargeron Barnett.B
Y Barnett.M

Y Bates Y Beatty Y Benefield

THURSDAY, FEBRUARY 13, 1992

903

Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
N Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D
Davis.G Y Davis,M

Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J
Heard Y Henson Y Herbert Y Holland Y Holmes N Howard Y Hudson Y Irwin Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
Y Ladd Y Lane.D
Y Lane.R Y Langford
Y Lawrence Y Lawson YLee
Long Lord Y Lucas Y Mann N Martin Y McBee Y McCoy Y McKelvey McKinney,B N McKinney.C N Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller

Oliver.C N Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Y Patten Pelote
Y Perry
Pettit Y Pinholster
Y Pinkston Y Poag
Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Y Redding Ricketson
Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith.P

Y Smith.T Smith.W
Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper
Thomas.C Y Thomas,M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson
Y Watts Y White Y Wilder Y Williams.B
Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

HB 1244.

By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the composition of the commissioner districts from which members of the board are elected.

The following Senate substitute was read:

A BILL
To amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the composition of the commissioner districts from which members of the board are elected; to provide for definitions and insertions; to provide for terms; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) The chairman of the board of commissioners may reside anywhere within Twiggs County and shall be elected by a majority of the qualified electors of

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Twiggs County voting at the elections hereinafter provided for in this Act. Any person offering as a candidate for chairman shall have been a resident of Twiggs County for two years immediately preceding the date of election and shall remain a resident of said county during the term of office. The chairman and all other members shall be at least 21 years of age as of the date of taking office. For the purpose of electing the other four members of the board, Twiggs County shall be divided into four commissioner districts as follows:
Commissioner District: !_
TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 101, 108, 109, 110, 111, 112, 113, 125, 126, 127 VTD: 0004 JEFFERSONVILLE VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 122, 123, 135, 136, 137, 139, 140, 141 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 232, 235, 236
Commissioner District: 2
TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0602. Block(s): 342, 343, 363, 375, 376, 377, 378, 379, 380, 384, 395, 396, 397, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 520, 521, 527, 528, 529, 530 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 123C, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 136C, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150A, 150B, 151, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 340, 341, 381, 382, 383, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 431, 432, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 531
Commissioner District: 3
TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0601.98 Block(s): 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 265, 266 Tract: 0602. Block(s): 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 344, 345, 346, 347, 348, 349, 350,

THURSDAY, FEBRUARY 13, 1992

905

351, 352, 353, 354, 357, 358, 359, 360, 361, 362, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 401, 524, 525, 526 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 201, 202, 213, 214, 215, 216, 217, 218, 219, 220, 226, 227, 228, 229, 230, 231, 233, 234, 273, 343, 374, 375, 388, 389, 390 Tract: 0602. Block(s): 301, 302, 303, 304, 305, 306, 355, 356, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 522, 523
Commissioner District: 4
TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338, 339, 345, 346, 347, 348, 349, 350, 351, 407, 408 VTD: 0006 PEARSON 1 VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 116, 117, 118, 119, 120, 121, 138, 340, 341, 342, 344, 352, 353, 354, 355, 356, 357, 358, 359, 363, 370, 371, 372, 373, 401, 402, 403, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420, 421A, 422, 423, 424, 425, 426, 427, 428, 429, 430
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Twiggs County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Twiggs County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:

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"Section 4. Those members serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected. At the general election in November, 1994, the four members of the board shall be elected from the commissioner districts provided for in Section 2 of this Act for terms of four years beginning January 1, 1995, and until their successors are elected and qualified. The chairman shall be elected as provided in Section 2 of this Act at the general election in November, 1994, for a term of four years and until a successor is elected and qualified. Thereafter, successors to the chairman and the four members of the board elected from commissioner districts shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Twiggs County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Birdsong of the 104th moved that the House agree to the Senate substitute to HB 1244.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 1245.

By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the members of the board are elected.

The following Senate substitute was read:

A BILL
To amend an Act creating a Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General; to provide when such Act shall be void and repealed; 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 Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, is amended by striking Sections 1 through 3 of said Act and inserting in lieu thereof new Sections 1 through 3 to read as follows:
"Section 1. The Board of Education of Twiggs County shall be composed of a chairman and four members. The chairman shall be elected from the Twiggs County School District at large. The four members of the board shall be elected from the education districts provided in Section 2 of this Act.
Section 2. (a) Those members of the Board of Education serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified.

THURSDAY, FEBRUARY 13, 1992

907

(b) For the purpose of electing a Board of Education of Twiggs County, the Twiggs County School District shall be divided into four education districts as follows:
Education District: 1
TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 101, 108, 109, 110, 111, 112, 113, 125, 126, 127 VTD: 0004 JEFFERSONVILLE VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 122, 123, 135, 136, 137, 139, 140, 141 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 232, 235, 236
Education District: 2
TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0602. Block(s): 342, 343, 363, 375, 376, 377, 378, 379, 380, 384, 395, 396, 397, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 520, 521, 527, 528, 529, 530 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 123C, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 136C, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150A, 150B, 151, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 340, 341, 381, 382, 383, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 431, 432, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 531
Education District: 3
TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0601.98 Block(s): 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 265, 266 Tract: 0602. Block(s): 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 357, 358, 359, 360, 361, 362, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 401, 524, 525, 526 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339

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JOURNAL OF THE HOUSE,

VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 201, 202, 213, 214, 215, 216, 217, 218, 219, 220, 226, 227, 228, 229, 230, 231, 233, 234, 273, 343, 374, 375, 388, 389, 390 Tract: 0602. Block(s): 301, 302, 303, 304, 305, 306, 355, 356, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 522, 523
Education District 4:
TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338, 339, 345, 346, 347, 348, 349, 350, 351, 407, 408 VTD: 0006 PEARSON 1 VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 116, 117, 118, 119, 120, 121, 138, 340, 341, 342, 344, 352, 353, 354, 355, 356, 357, 358, 359, 363, 370, 371, 372, 373, 401, 402, 403, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420, 421A, 422, 423, 424, 425, 426, 427, 428, 429, 430
(c) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Twiggs County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Twiggs County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) Each district member of the board of education shall be a resident of the respective education district during the member's term of office, and a candidate for district membership on said board shall have been a resident of the education district for which the candidate offers for election at least one year prior to the date of election. Each person offering for election as a district member of said board shall specify the education district for which the person is offering. Each district member of the board shall be elected by a majority vote of the qualified voters voting within each respective education

THURSDAY, FEBRUARY 13, 1992

909

district. The chairman may reside anywhere within the Twiggs County Education District and shall be elected by a majority of the qualified voters voting at large within the Twiggs County Education District. The chairman shall be a full-voting member of the board. All members of said board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the 'Georgia Election Code.'
Section 3. (a) The terms of office of those members elected from Education Districts 2 and 4 shall expire December 31, 1992. Their successors shall be elected at the general election in November, 1992, from the education districts set forth in this Act and quadrennially thereafter for terms of four years and shall take office on the first day of January immediately following their election.
(b) The terms of office of the chairman and those members elected from Education Districts 1 and 3 shall expire December 31, 1994. Their successors shall be elected at the general election in November, 1994, and quadrennially thereafter from the education district set forth in this Act for terms of four years and shall take office on the first day of January immediately following their election.
(c) All members shall serve until their successors are elected and qualified."
Section 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Twiggs County are to be elected in the November, 1992, general election and in subsequent general elections and results from changes in population based on the United States decennial census of 1990. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law.
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Twiggs County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Birdsong of the 104th moved that the House agree to the Senate substitute to HB 1245.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following Resolution was read and adopted:

HR 862. By Representatives Walker of the 115th, Murphy of the 18th, Thurmond of the 67th, Groover of the 99th and McBee of the 68th:
A resolution commending the members of the University of Georgia Law School's Moot Court Team and their coach.

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:

910

JOURNAL OF THE HOUSE,

HB 1225 Do Pass, by Substitute

Respectfully submitted, /s/ Reaves of the 147th
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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 566 Do Pass
Respectfully submitted, 1st Hanner of the 131st
Chairman

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1644 Do Pass HB 206 Do Pass, by Substitute SB 25 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 28th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1470 Do Pass SB 495 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman

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

Mr. Speaker:

THURSDAY, FEBRUARY 13, 1992

911

Your Committee on Regulated Beverages has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1115 Do Pass, by Substitute HB 1533 Do Pass
Respectfully submitted, /s/ Dixon of the 151st
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 837 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Benefield of the 72nd District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

HB 1396 Do Pass HB 1429 Do Pass, by Substitute HB 1447 Do Pass, by Substitute

HR 790 Do Pass HR 839 Do Pass HR 845 Do Pass

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

Representative Walker of the 115th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 9:00 o'clock, tomorrow morning.

912

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 14, 1992

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Rudolph Starling, Pastor, Homerville United Methodist Church, Homerville, Georgia.
The members pledged allegiance to the flag.
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 1680. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide definitions; to restrict an employee of a regional development center from service with entities contracting with the regional development center.
Referred to the Committee on State Planning & Community Affairs.

FRIDAY, FEBRUARY 14, 1992

913

HB 1681. By Representatives Cauthorn of the 20th, Simpson of the 70th and Clark of the 20th:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide for eligibility for certain school sponsored programs or activities for which some or all of the activities are outside the academic day.
Referred to the Committee on Education.

HB 1682. By Representatives Pettit of the 19th and Dunn of the 73rd:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to revise various fees relating to registration of marks; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise various fees relating to business corporations and limited partnerships.
Referred to the Committee on Judiciary.

HB 1683. By Representatives Cauthorn of the 20th, Wilder of the 21st, Simpson of the 70th, Clark of the 20th, Pettit of the 19th and others:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for publication of a notice of conviction for a person convicted of driving under the influence of alcohol or drugs for any conviction subsequent to the third conviction.
Referred to the Committee on Motor Vehicles.

HB 1684. By Representatives Parham of the 105th and Lord of the 107th:
A bill to repeal an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1685. By Representative Pettit of the 19th:
A bill to amend Article 10 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to bad check prosecution, so as to authorize the chief magistrate of each county by written order to establish a schedule of cash bonds for the personal appearance in court of any person charged in that court with a misdemeanor violation of Code Section 16-9-20 who has filed with court a written receipt for full restitution paid to the alleged victim and an affidavit of full restitution.
Referred to the Committee on Judiciary.

HB 1686. By Representative Parham of the 105th:
A bill to amend Code Section 40-2-88 of the Official Code of Georgia Annotated, relating to reciprocal agreements for registration of commercial vehicles on an apportionment basis, so as to provide for registration deadlines.
Referred to the Committee on Motor Vehicles.

914

JOURNAL OF THE HOUSE,

HB 1687. By Representatives Stancil of the 66th, Teper of the 46th, Walker of the 113th, Jenkins of the 80th and Howard of the 85th:
A bill to amend Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relating to child support receivers, so as to require the collection of court costs and service fees.
Referred to the Committee on Special Judiciary.
HB 1688. By Representatives Pinholster of the 8th, Thurmond of the 67th, Groover of the 99th, Oliver of the 53rd, Stancil of the 8th and others:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to special alternative incarceration, so as to require participation of confined individuals in adult education courses.
Referred to the Committee on State Institutions & Property.
HB 1689. By Representatives Harris of the 96th, Buck of the 95th, Benefield of the 72nd, Porter of the 119th, Taylor of the 94th and others:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the acquisition of abandoned railroad transportation property.
Referred to the Committee on Transportation.
HB 1690. By Representatives Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 21-2-5 of the Official Code of Georgia Annotated, relating to qualifications of candidates and challenges to and determinations of qualifications, so as to provide that neither the Secretary of State nor any court shall have jurisdiction over certain issues involving the residence of candidates for the General Assembly.
Referred to the Committee on Judiciary.

HB 1691. By Representative Meadows of the 91st:
A bill to amend Code Section 16-12-4 of the Official Code of Georgia Annotated, relating to cruelty to animals, so as to provide that failure to provide adequate food and water for cattle is cruelty to animals in the first degree.
Referred to the Committee on Special Judiciary.

HB 1692. By Representatives Ashe of the 25th, Thomas of the 69th, Pettit of the 19th, Campbell of the 23rd, Oliver of the 53rd and others:
A bill to amend Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to provide that an authority established pursuant to this article is empowered to extinguish school district taxes on properties acquired by the authority.
Referred to the Committee on Ways & Means.

HB 1693. By Representative Buck of the 95th:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educational institutions.
Referred to the Committee on University System of Georgia.

FRIDAY, FEBRUARY 14, 1992

915

HB 1694. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend Code Section 46-5-63 of the Official Code of Georgia Annotated, relating to the powers of rural telephone cooperatives, so as to change the population classifications with respect to the authority of certain rural telephone cooperatives to exercise certain powers within cities.
Referred to the Committee on Industry.

HB 1695. By Representative Floyd of the 135th:
A bill to provide for the imposition, collection, and disposition of county law library fees as part of the court costs in the Magistrate Court of Crisp County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1696. By Representative Murphy of the 18th:
A bill to amend an Act providing for the election of the members of the Board of Education of Haralson County, so as to provide for education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1697. By Representatives Lane of the 27th and Harris of the 96th:
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 provide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor.
By unanimous consent, HB 1697 was ordered engrossed.
Referred to the Committee on Motor Vehicles.

HB 1698. By Representatives Lane of the 27th and Harris of the 96th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to prohibit transporting a passenger under age 18 in the uncovered bed of a pickup truck on an interstate or four lane highway.
By unanimous consent, HB 1698 was ordered engrossed.
Referred to the Committee on Motor Vehicles.

HB 1699. By Representative Reaves of the 147th:
A bill to amend an Act amending, revising, superseding, and consolidating the laws creating and governing the Board of Commissioners of Echols County, so as to change the compensation of members of the Board of Commissioners of Echols County.
Referred to the Committee on State Planning & Community Affairs - Local.

916

JOURNAL OF THE HOUSE,

HB 1700. By Representative Oliver of the 121st:
A bill to amend an Act creating the Board of Commissioners of Tattnall County, so as to reapportion and change the boundaries of the five road districts in Tattnall County for the purpose of electing members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1701. By Representative Herbert of the 76th:
A bill to amend Code Section 45-12-110 of the Official Code of Georgia Annotated, relating to notification of intention to apply for federal assistance and adoption and promulgation of rules and regulations and forms, so as to exempt the Department of Technical and Adult Education and its employees from the requirement of notifying the legislative budget analyst and the director of the Office of Planning and Budget of its intention to apply for federal assistance.
Referred to the Committee on Appropriations.

HB 1702. By Representative Oliver of the 121st:
A bill to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to change the provisions relating to the election of members of the board of education and reapportion the education districts from which members are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 864. By Representatives Groover of the 99th and Walker of the 115th:
A resolution proposing an amendment to the Constitution so as to provide for special residency requirements for election to the Senate and the House of Representatives following reapportionment of the General Assembly.
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 1659 HB 1660 HB 1661 HB 1662 HB 1663 HB 1664 HB 1665 HB 1666 HB 1668 HB 1669 HB 1670 HB 1671 HB 1672 HB 1673 HB 1674 HB 1675 HB 1676

HB 1677 HB 1678 HB 1679 HR 860 HR 861 HR 863 SB 461 SB 623 SB 624 SB 625 SB 628 SR 366 SR 375 SR 407 SR 414 SR 417 SR 418

FRIDAY, FEBRUARY 14, 1992

917

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 1194 Do Pass, by Substitute
Respectfully submitted, /s/ Reaves of the 147th
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 1393 Do Pass HB 1409 Do Pass HB 1427 Do Pass HB 1543 Do Pass HB 1603 Do Pass HB 1610 Do Pass

HB 1626 Do Pass HB 1627 Do Pass HB 1628 Do Pass HB 1629 Do Pass HB 1630 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 1393.

By Representative Smith of the 78th:
A bill to amend an Act providing for the election of the members of the Board of Education of Butts County, so as to reapportion the education districts for the election of 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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1409.

By Representative Smith of the 78th:
A bill to amend an Act creating the Board of Commissioners of Butts County, so as to reapportion the commissioner districts for the election of members of the board of commissioners.

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

918

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1427.

By Representative Davis of the 77th:
A bill to amend an Act providing for election of members of the Heard County Board of Education and related matters, so as to reapportion the education districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1543.

By Representatives Clark of the 20th, Klein of the 21st, Atkins of the 21st, Aiken of the 21st, Vaughan of the 20th 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1603. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act reincorporating and re-creating the City of Woodstock, so as to deannex and exclude certain property from 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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1610. By Representatives Hammond of the 20th, Cauthorn of the 20th, Atkins of the 21st, Aiken of the 21st, Coker of the 21st and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 14, 1992

919

HB 1626.

By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Bartow County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1627. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Bartow County, so as to provide that the commissioner will keep his or her office at the County Administration Building.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1628. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act providing a new charter for the City of Euharlee in Bartow County, so as to change the term of the mayor to four years.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1629.

By Representative Beatty of the 12th:
A bill to amend an Act creating the board of commissioners of roads and revenues of Jackson County, so as to provide that the board of commissioners shall submit an annual financial report to the grand jury at the fall term of the superior court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1630. By Representative Skipper of the 116th: A bill to provide a new charter for the City of Americus.

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

920

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 114, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

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

HB 354. By Representatives Poston of the 2nd, Snow of the 1st, Poag of the 3rd, McCoy of the 1st and Perry of the 5th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the election and term of office of said judge.

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

SB 493. By Senator Ramsey of the 54th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to authorize the commissioner to adopt rules and regulations for the use of departmental equipment by uniformed personnel.

SB 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th:
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 license plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States who served in World War I, World War II, the Korean War, the Vietnam War, and Operation Desert Storm; to provide for procedures and qualifications for the issuance of such license plates; to provide for fees.

SB 518. By Senators Baldwin of the 29th, Broun of the 46th, Deal of the 49th and others:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, so as to provide for the imposition of a judicial branch personnel continuing judicial education fee on all civil filings in all municipal, probate, magistrate, state, and superior courts; to provide for legislative intent; to provide for exemptions.

SB 521. By Senator English of the 21st:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise, modernize, and supersede the law relating to liming materials; to regulate the sale and distribution of agricultural liming materials in this state; to provide for administration; to prohibit certain acts or practices and provide for penalties.

FRIDAY, FEBRUARY 14, 1992

921

SB 578. By Senator Edge of the 28th:
A bill to amend Code Section 21-3-105 of the Official Code of Georgia Annotated, relating to notice of intent of write-in candidates in general or special municipal elections and filing of an affidavit of intention of candidacy, so as to change the provisions relative to the person to whom a notice of intention of candidacy must be given; to provide an effective date.
SB 590. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to planning and development, so as to change the composition of the Governor's Development Council; to modify the powers and duties of such council; to assign the council to the Department of Community Affairs for administrative purposes; to provide for technical support to the council; to provide for related matters; to provide an effective date.
SB 592. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person 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 of any publicly owned or publicly operated park, recreation facility, community center, or housing project; to provide penalties.
SB 593. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to the possession, manufacture, and distribution of controlled substances or marijuana and penalties related thereto, so as to make it unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years for the purpose of manufacturing, distributing, or dispensing any controlled substance, counterfeit substance, or marijuana.
SB 596. By Senator Edge of the 28th:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses upon conviction of certain offenses and conditions to the return of a license, so as to change the provisions relating to the conditions for the return of a license upon a second conviction of violating Code Section 40-6-391 within five years.
SB 601. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to certificates of birth for adoptees from outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation.
SB 609. By Senator Ragan of the 32nd:
A bill to amend Code Section 25-2-16 of the Official Code of Georgia Annotated, relating to regulation of the storage, transportation, and handling of hazardous materials, so as to provide for the use of certain safety devices on gasoline and diesel fuel pump nozzles.

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JOURNAL OF THE HOUSE,

SB 613. 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 substantially revise the "Real Estate Appraiser Licensing and Certification Act"; to change the short title; to change certain terms applicable to registration, licensing, and certification of real estate appraisers; to provide for appropriate appraiser classifications in order to enable the Georgia Real Estate Appraisers Board to meet certain federal guidelines.

SB 618. By Senators Ragan of the 10th, Gillis of the 20th, English of the 21st and others:
A bill to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to water resources, so as to create the Governor's Ground-water Advisory Council; to provide for the appointment of members; to provide for terms of office and filling vacancies in office; to provide for the appointment of a chairman; to provide for payment for travel and expenses; to provide duties and functions of such council.

HB 235. By Representatives Snow of the 1st, Lane of the lllth, Mobley of the 64th, McCoy of the 1st, Meadows of the 91st and others:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office, so as to provide for appointments to fill vacancies in the governing bodies of political subdivisions of this state notwithstanding that the remaining members of such bodies do not constitute a quorum.

HB 1121.

By Representatives Thomas of the 69th, Twiggs of the 4th and Chambless of the 133rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to authorize the electronic reporting of convictions by courts to the Department of Public Safety.

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

SR 426. By Senator Kidd of the 25th:
A resolution recommending that bankruptcy filings should be processed and adjudicated in a certain manner; to provide certain information to bankruptcy judges and bankruptcy trustees; to provide an effective date.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Rules and referred to the Committee on Industry.

HR 860. By Representatives Bordeaux of the 122nd, McKinney of the 40th, Hamilton of the 124th, Dixon of the 128th, Merritt of the 123rd and others:
A resolution urging the Congress of the United States to divert funds from the operation and expansion of the Savannah River Site's nuclear materials production to the decontamination and restoration of the area, including the Savannah River; to oppose the restart of the "K" nuclear reactor at the Savannah River Site.

FRIDAY, FEBRUARY 14, 1992

923

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

SB 493. By Senator Ramsey of the 54th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to authorize the commissioner to adopt rules and regulations for the use of departmental equipment by uniformed personnel.
Referred to the Committee on Public Safety.

SB 505. By Senators Broun of the 46th, Bowen of the 13th and Foster of the 50th:
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 license plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States who served in World War I, World War II, the Korean War, the Vietnam War, and Operation Desert Storm; to provide for procedures and qualifications for the issuance of such license plates; to provide for fees.
Referred to the Committee on Motor Vehicles.

SB 518. By Senators Baldwin of the 29th, Broun of the 46th, Deal of the 49th and others:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, so as to provide for the imposition of a judicial branch personnel continuing judicial education fee on all civil filings in all municipal, probate, magistrate, state, and superior courts; to provide for legislative intent; to provide for exemptions.
Referred to the Committee on Judiciary.

SB 521. By Senator English of the 21st:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise, modernize, and supersede the law relating to liming materials; to regulate the sale and distribution of agricultural liming materials in this state; to provide for administration; to prohibit certain acts or practices and provide for penalties.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 578. By Senator Edge of the 28th:
A bill to amend Code Section 21-3-105 of the Official Code of Georgia Annotated, relating to notice of intent of write-in candidates in general or special municipal elections and filing of an affidavit of intention of candidacy, so as to change the provisions relative to the person to whom a notice of intention of candidacy must be given; to provide an effective date.
Referred to the Committee on Governmental Affairs.

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JOURNAL OF THE HOUSE,

SB 590. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to planning and development, so as to change the composition of the Governor's Development Council; to modify the powers and duties of such council; to assign the council to the Department of Community Affairs for administrative purposes; to provide for technical support to the council; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 592. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person 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 of any publicly owned or publicly operated park, recreation facility, community center, or housing project; to provide penalties.
Referred to the Committee on Judiciary.

SB 593. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to the possession, manufacture, and distribution of controlled substances or marijuana and penalties related thereto, so as to make it unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years for the purpose of manufacturing, distributing, or dispensing any controlled substance, counterfeit substance, or marijuana.
Referred to the Committee on Judiciary.

SB 596. By Senator Edge of the 28th:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses upon conviction of certain offenses and conditions to the return of a license, so as to change the provisions relating to the conditions for the return of a license upon a second conviction of violating Code Section 40-6-391 within five years.
Referred to the Committee on Motor Vehicles.

SB 601. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to certificates of birth for adoptees from outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 14, 1992

925

SB 609. By Senator Ragan of the 32nd:
A bill to amend Code Section 25-2-16 of the Official Code of Georgia Annotated, relating to regulation of the storage, transportation, and handling of hazardous materials, so as to provide for the use of certain safety devices on gasoline and diesel fuel pump nozzles.
Referred to the Committee on Public Safety.

SB 613. 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 substantially revise the "Real Estate Appraiser Licensing and Certification Act"; to change the short title; to change certain terms applicable to registration, licensing, and certification of real estate appraisers; to provide for appropriate appraiser classifications in order to enable the Georgia Real Estate Appraisers Board to meet certain federal guidelines.
Referred to the Committee on Industry.

SB 618. By Senators Ragan of the 10th, Gillis of the 20th, English of the 21st and others:
A bill to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to water resources, so as to create the Governor's Ground-water Advisory Council; to provide for the appointment of members; to provide for terms of office and filling vacancies in office; to provide for the appointment of a chairman; to provide for payment for travel and expenses; to provide duties and functions of such council.
Referred to the Committee on Natural Resources & Environment.

SR 426. By Senator Kidd of the 25th:
A resolution recommending that bankruptcy filings should be processed and adjudicated in a certain manner; to provide certain information to bankruptcy judges and bankruptcy trustees; to provide an effective date.
Referred to the Committee on Special Judiciary.

The following Resolutions of the House were read and adopted:

HR 865. By Representatives Godbee of the 110th and Lane of the lllth: A resolution commending Joey Hamilton.

HR 866. By Representatives Dunn of the 73rd, Murphy of the 18th, Connell of the 87th, Lee of the 72nd, Walker of the 115th and others:
A resolution congratulating Anslyn Kathryn Dunn on her 16th birthday.

HR 867. By Representatives Clark of the 13th, McBee of the 68th, Thurmond of the 67th, Powell of the 13th, Yeargin of the 14th and others:
A resolution commending Professor Emeritus Lamar Dodd.

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JOURNAL OF THE HOUSE,

HR 868. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th, Harris of the 96th and Smyre of the 92nd:
A resolution expressing sympathy at the passing of Frederick Wynne Dismuke.

HR 869. By Representatives McBee of the 68th, Powell of the 13th, Clark of the 13th and Thurmond of the 67th:
A resolution congratulating the Unified Government of Athens-Clarke County, Georgia, on the occasion of its first anniversary.

HR 870. By Representatives Abernathy of the 39th, Turnquest of the 56th, Baker of the 51st, Brooks of the 34th, McKinney of the 35th and others:
A resolution honoring Kimberly Nicole Edwards.

HR 871. By Representatives Herbert of the 76th, Flynt of the 75th and Smith of the 78th:
A resolution commending Mrs. Willie Jo Dees.

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

HB 1710. By Representatives Davis of the 45th, Cauthorn of the 20th, Oliver of the 53rd, Tolbert of the 58th, Lawson of the 9th and others:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in felony cases, so as to change the size of the jury panel in felony cases.
Referred to the Committee on Judiciary.

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

HB 1255.

By Representatives Dobbs of the 74th, Watts of the 41st, Benefield of the 72nd, Chambless of the 133rd, Chafin of the 72nd and others:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to require a county which sells materials used in the construction of water systems, sewer systems, or other such facilities to publish acceptable manufacturing or engineering standards of such materials sold by the county and such other materials, if any, which the county finds acceptable for the construction of such facilities.

The following amendment was read and adopted:

Representative Dobbs of the 74th moves to amend HB 1255 by striking from line 15 on page 1 the word "or" and inserting in lieu thereof the word "of".

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

FRIDAY, FEBRUARY 14, 1992

927

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

N Abecnathy Y Adams Y Aiken N Alford Y Ashe Y Atkins N Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M
Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux
Bostick Y Branch
Breedlove Y Brooks
Brown Y Brush Y Buck
Buckner Y Byrd Y Campbell N Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks N Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth
Y Cummings,B Cummings.M
Y Davis.D Davis.G Davis.M
N Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn Y Edwards Y Elliott
Felton Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B
N Harris.J

Y Heard N Henson Y Herbert N Holland
N Holmes Howard
N Hudson N Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long
Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C
N Meadows Y Merritt
Milam

Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C N Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote N Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter N Poston Y Powell.A N Powell.C Y Presley Y Purcell N Randall
YRay Y Reaves N Redding N Ricketson N Royal N Selman
N Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith, W
Smyre Y Snow
N Stancil.F Y Stancil.S N Stanley Y Streat
Taylor N Teper Y Thomas.C Y Thomas,M
Thomas, N Thurmond
Y Titus N Tolbert
Townsend N Turnquest Y Twiggs N Valenti Y Vaughan Y Walker.J Y Walker.L N Wall
Watson Y Watts
White Y Wilder Y Williams.B N Williams.J N Williams.R
Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 110, nays 33.
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 "aye" thereon.

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

HB 1103.

By Representative Lane of the 27th:
A bill to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, so as to change the date upon which existing municipal and county ordinances or resolutions imposing development exactions for system improvements must be brought into conformance with the chapter.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, so as to change the date upon which existing municipal and county ordinances or resolutions imposing development exactions for system improvements

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JOURNAL OF THE HOUSE,

must be brought into conformance with the chapter; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, is amended by striking Code Section 36-71-12 in its entirety and inserting in lieu thereof the following:
"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 April 4, 1990, shall be brought into conformance with this chapter no later than twe years from April 4-, 4996 November 1^ 1992."
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:

Abernathy
Y Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y' Bargeron Y Barnett.B
Barnett,M Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch
Y Bordeaux Bostick
Y Branch Breedlove
Y Brooks Y Brown Y Brush Y Buck Y Buckner
YByrd Y Campbel! Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.G Davis.M
Y Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel
Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden
Good win E Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B McKinney,C Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M
Y Orr Orrock
Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley
Purcell Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley
Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond Titus Y Tolbert Townsend Y Turnquest Y Twiggs Valenti Y Vaughan Y Walker.J Y Walker.L
Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

FRIDAY, FEBRUARY 14, 1992

929

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1459.

By Representatives Streat of the 139th, Murphy of the 18th, Coleman of the 118th, Smith of the 152nd, Royal of the 144th and others:
A bill to amend Code Section 32-6-23 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to provide for single-trip permits for mobile homes, modular homes, and sectional houses in excess of 14 feet wide up to and including 16 feet wide.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch
Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M N Davis,D
Davis.G Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein YLadd
Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley
Purcell Randall Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L N Smith,P Y Smith.T
Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Thomas.N Thurmond Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 148, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representatives Cauthorn of the 20th, Davis of the 45th and Smith of the 156th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1482.

By Representatives Thomas of the 69th, Kilgore of the 42nd, Porter of the 119th, Hamilton of the 124th, Coleman of the 118th and others:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, so as to provide for exceptions; to provide for notice and a public hearing regarding a reorganization or consolidation plan.

930

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, so as to provide for exceptions; to provide for notice and a public hearing regarding a reorganization or consolidation plan; to provide a practice and procedure for filing opposition to a plan; to provide for mediation; to provide for reports; to provide a limit for funding; 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 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, is amended in subsection (d) by striking the word "and" after paragraph (7); by striking the period after paragraph (8) and inserting in lieu thereof "; and"; and by adding a new paragraph (9) to read as follows:
"(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section."
Section 2. Said Code section is further amended by adding immediately following subsection (k) a new subsection (k.l) to read as follows:
"(k.l) Prior to a local board of education's submitting an advanced incentive funding request to the State Department of Education for State Board of Education approval under subsections (i) and (j) of this Code section, the local board of education shall conduct the following:
(1) The board of education must schedule and hold at least two public hearings and provide an opportunity for full discussion of the local board of education's consolidation or reorganization plan;
(2) The public hearings shall be advertised in the official newspaper and shall include, but shall not be limited to:
(A) Identification of each school to be closed and location of each new school; (B) Proposed size of each new school in terms of number of students and grade configuration; (C) Proposed renovations, modernization, retrofitting, or expansion of existing schools designed to accommodate consolidation; (D) Total cost, including breakdown for state and local shares, and for school construction projects resulting from consolidation. Local costs shall include identifying proposed sources of funds, whether from bond referendum proceeds or other sources; (E) Plans for use or disposal of closed school property; (F) The impact alternative options would have on the system's planned curriculum and programs; (G) The options in the school size and organization study; and (H) The financial impact of the options on all schools; (3) The board of education shall request formal, written comments or suggestions regarding the system's organizational pattern or school sizes and shall allow appropriate discussion during the public hearings; (4) Any registered voter may file with the local board of education a notice of intent to file a petition when the voter wishes to express opposition to a school system's local facilities plan as it pertains to consolidation of schools within that system. A petition with the signature of at least 10 percent of the qualified, registered voters within any system's jurisdiction which contains 25,000 full-time equivalent students or more and at least 25 percent of the qualified, registered voters within other

FRIDAY, FEBRUARY 14, 1992

931

systems' jurisdictions must be filed with the board of education within 60 days after the notice of intent to file a petition has been received by the board. The signatures on the petition must be validated against the official list of registered voters;
(5) If resolutions of concerns for consolidation are not accomplished to the satisfaction of both sides, the differences shall be submitted to mediation by a recognized, certified mediator agreeable to both the board of education and the dissenting community. The petitioners shall select a delegation of no more than ten members, of whom six shall be parents of students in affected schools. The cost, if any, of the facilitator shall be borne by the local board of education; and
(6) An opposition report shall be filed by the board of education to report resolution of opposition before advanced incentive funds shall be awarded to that system."
Section 3. Said Code section is further amended by adding a new subsection to read as follows:
"(p) Any system which has not submitted a plan for consolidation or reorganization of schools to the State Board of Education by July 1, 1992, shall not be allowed to request state funds under subsections (i) and (j) of this Code section."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Holmes of the 28th moves to amend the Committee substitute to HB 1482 as follows:
Add new subsection (7) on line 10 p. 4 to read as follows:
"(7) In the event of a failure to resolve the matter through arbitration, a referendum shall be held on the proposed plan to determine whether said plan shall be submitted to the State Board of Education".

The following amendment was read and adopted:

Representatives Hudson of the 117th, Walker of the 115th and Groover of the 99th move to amend the Committee substitute to HB 1482 as follows:
By adding a new Section 4 to read as follows:
"Nothing contained in this Act shall affect any payment or allocation to any Board of Education of a local system as a result of bond proceeds authorized and sold under the provisions of House Bill 1262, Supplemental Appropriations Bill, passed on February 10, 1992 and payment shall be made to said Boards of Education as provided for in said House Bill 1262."
And by renumbering Section 4 as Section 5.

The following amendment was read and adopted:

Representatives Thomas of the 69th, Kilgore of the 42nd and Porter of the 119th move to amend the Committee substitute to HB 1482 by striking all the language from lines 28 through 34 of page 3 and lines 1 through 9 of page 4 and inserting in lieu thereof the following:
"against the official list of registered voters; and
(5) (A) If resolutions of concerns for consolidation are not accomplished to the satisfaction of the local board of education and dissenting community, the advanced incentive funding plan and funding shall be withheld from the school system. The

932

JOURNAL OF THE HOUSE,

local board of education and the petitioners shall meet to resolve differences. The petitioners shall select a delegation of no more than ten members, of whom six shall be parents of students in the affected schools. The chairman of the local board of education shall notify the petitioners of the date, time, and place for meeting to address their differences. The local board of education and the selected petitioners shall have 60 days from the initial meeting to conclude differences.
(B) If the local board and petitioners reach an agreement on their declared differences, the two parties shall sign and submit an affidavit of agreement to the State Board of Education. The state board upon receipt of the affidavit declaring an agreement shall process the local school systems' application for advanced incentive funding.
(C) If the local board of education and the petitioners cannot resolve their differences within the designated 60 days, the advanced incentive funding plan and applicable funds shall be withdrawn. The local board of education shall develop and submit a different advanced incentive funding plan to the State Board of Education. Approval of the new plan and applicable funding by the state board is contingent upon the local board of education's meeting procedures outlined in this subsection.'"
The following amendment was read and adopted:

Representatives Thomas of the 69th, Kilgore of the 42nd and Porter of the 119th move to amend the Committee substitute to HB 1482 by adding between lines 16 and 17 of page 4 the following:
"Section 3.5. Said Code section is further amended by adding a new subsection to read as follows:
'(q) Notwithstanding any other provisions of this Code section, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consolidation within the school system and a majority of the voters voting in said bond election voted against incurring such debt, the procedures established in paragraph (5) of subsection (k.l) shall be followed.'"

The following amendment was read:
Representative Blitch of the 150th moves to amend the Committee substitute to HB 1482 as follows:
1. Page 1, line 17 after Laurens County add "and Clinch County"
2. Page 1, line 23 after Laurens County add "and Clinch County".

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

Abernathy N Adams N Aiken
N Alford Y Ashe
N Atkins N Baker
Balkcom N Barfoot N Bargeron Y Barnett.B N Barnett.M
Bates N Beatty

N Benefield N Birdsong Y Blitch N Bordeaux
Bostick Y Branch
Breedlove Y Brooks N Brown N Brush N Buck N Buckner N Byrd
Campbell

Y Canty N Carrell Y Carter N Cauthorn
Chafm N Chambless N Cheeks N Childers Y Clark.E Y Clark.L N Coker Y Coleman
Colwell Connell

Y Culbreth N Cummings.B
Cummings.M N Davis.D
Davis.G N Davis.M Y Dixon.H N Dixon.S N Dobbs
Dover N Dunn N Edwards
N Elliott Y Felton

Fennel N Floyd.J.M Y Floyd.J.W
Y Flynt N Godbee
Golden Y Goodwin E Green Y Greene Y Griffin Y Groover N Hamilton N Hammond
Hanner

FRIDAY, FEBRUARY 14, 1992

933

N Harris.B N Harris,.! Y Heard Y Henson N Herbert N Holland Y Holmes
Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins
Y Jones N Kilgore N King Y Kingston Y Klein
Y Ladd Lane.D
N Lane.R Y Langford

Y Lawrence Lawson
YLee N Long
Lord N Lucas N Mann N Martin
Y McBee N McCoy Y McKelvey N McKinney.B Y McKinney.C
N Meadows N Merritt
Milam N Mills N Mobley
N Moody N Morsberger Y Moultrie Y Mueller

N Oliver.C Y Oliver.M N Orr Y Orrock N Padgett N Parham N Parrish Y Patten Y Pelote N Perry N Pettit
N Pinholster Y Pinkston
YPoag N Porter
N Poston Y Powell.A
Y Powell.C N Presley N Purcell N Randall N Ray

Y Reaves Y Redding N Ricketson N Royal Y Selman N Sherrill
N Simpson Sinkfield
N Skipper Y Smith.L N Smith.P Y Smith.T
Y Smith.W Smyre
N Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor
N Teper N Thomas.C

On the adoption of the amendment, the ayes were 59, nays 92. The amendment was lost.

Y Thomas.M Thomas.N Thurmond Titus
Y Tolbert
Townsend Turnquest N Twiggs Y Valenti N Vaughan N Walker.J N Walker.L
N Wall N Watson N Watts Y White Y Wilder Y Williams.B Y Williams.J N Williams.R N Yeargin
Murphy.Spkr

The Committee substitute, as amended, was adopted.

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

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux
Bostick Y Branch
Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson
Y Herbert Y Holland
N Holmes Howard
Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee YLong
Lord Y Lucas Y Mann Y Martin
Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinks ton N Poag Y Porter
Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell Y Randall
Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil.F
Y Stancil.S N Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Titus Y Tolbert Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 4.

934

JOURNAL OF THE HOUSE,

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

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

HR 837. By Representative Alford of the 57th:
A resolution recognizing the 30th anniversary of the center for the Visually Impaired and inviting executive director Scott McCall and staff to appear before the House of Representatives.

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 476. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st: A resolution relative to adjournment.

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

HB 1541. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide that the sale of lottery tickets shall be exempt from such taxes; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a state lottery.

The following Committee substitute was read:

A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide that the sale of lottery tickets shall be exempt from such taxes; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a state lottery; to provide a short title; to define certain terms; to create the Georgia Lottery Corporation; to provide for a board of directors and for matters relative thereto; to provide for a Lottery Retailer Advisory Board and for matters related thereto; to provide for the employment of a chief executive officer and for matters relative thereto; to provide powers of such corporation; to provide for regulations and policies of the board; to provide certain duties of the chief executive officer; to provide for the allocation of revenues and the expenditure of funds; to provide for minority participation; to provide for the qualification and selection of vendors; to provide for the bonding of vendors; to provide for exceptions to such bonding requirement; to provide for a network of retailers and for matters relative thereto; to provide for a fidelity fund in lieu of the bonding requirement for retailers; to provide for the cancellation of retail contracts; to provide for the handling of funds by retailers; to provide for the assumption of certain proceeds as gross sales; to provide limitations on the sale of lottery

FRIDAY, FEBRUARY 14, 1992

935

tickets; to provide for the applicability of state income taxation and attachments, garnishments, or executions; to provide for the payment of prizes; to provide for the applicability of laws relating to open meetings and inspection of public documents; to provide for criminal investigations; to define certain offenses and establish certain penalties; to authorize certain agreements; to provide for competitive bidding; to provide for appeal of decisions of the board; to authorize the corporation to perform certain functions; to provide for audits and reports; to create the Georgia Lottery Corporation Legislative Oversight Committee; to provide for membership, duties, and staffing of and assistance to such oversight committee; to provide for severability; to provide a conditional 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 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by striking the word "or" at the end of paragraph (52), by striking the symbol "." at the end of paragraph (53) and inserting in lieu thereof the symbol and word "; or", and by inserting immediately following paragraph (53) the following:
"(54) The sale of lottery tickets authorized by Chapter 27 of Title 50."
Section 2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by inserting at the end thereof the following:
"CHAPTER 27
50-27-1. This chapter shall be known and may be cited as the 'Georgia Lottery for Education Act.'
50-27-2. It is found and declared by the General Assembly: (1) That net proceeds of lottery games conducted pursuant to this chapter shall
be used to support improvements and enhancements for educational purposes and programs and that such net proceeds shall be used to supplement, not supplant, existing resources for educational purposes and programs;
(2) That lottery games are an entrepreneurial enterprise and that the state shall create a public body, corporate and politic, known as the Georgia Lottery Corporation, with comprehensive and extensive powers as generally exercised by corporations engaged in entrepreneurial pursuits;
(3) That lottery games shall be operated and managed in a manner which provides continuing entertainment to the public, maximizes revenues, and ensures that the lottery is operated with integrity and dignity and free of political influence; and
(4) That the Georgia Lottery Corporation shall be accountable to the General Assembly and to the public through a system of audits and reports. 50-27-3. As used in this chapter, the term:
(1) 'Administrative expenses' means operating expenses, excluding amounts set aside for prizes, regardless of whether such prizes are claimed and excluding amounts held as a fidelity fund pursuant to Code Section 50-27-19.
(2) 'Board' means the board of directors of the Georgia Lottery Corporation. (3) 'Capital outlay projects' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, computers, software, laboratories, furniture, textbooks, and reference material or other property of any nature whatsoever used on, in, or in connection with educational facilities. (4) 'Casino gambling' means a location or business for the purpose of conducting illegal gambling activities, but excluding the sale and purchase of lottery tickets or shares as authorized by this chapter. (5) 'Chief executive officer' means the chief executive officer of the Georgia Lottery Corporation. (6) 'Corporation' means the Georgia Lottery Corporation.

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JOURNAL OF THE HOUSE,

(7) 'Educational facilities' means land, structures, and buildings owned or operated by and through the board of regents, the State Board of Education, the Department of Technical and Adult Education, or by any city, county, or independent school system within this state; provided, however, that a public road or highway leading to educational facilities shall not be considered an educational facility.
(8) 'Educational purposes and programs' means capital outlay projects for educational facilities; tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges and universities are owned or operated by the board of regents or to attend institutions operated under the authority of the Department of Technical and Adult Education; voluntary pre-kindergarten; and an education shortfall reserve.
(9) 'Lottery,' 'lotteries,' 'lottery game,' or 'lottery games' means any game of chance approved by the board and operated pursuant to this chapter, including, but not limited to, instant tickets, on-line games, and games using mechanical or electronic devices but excluding pari-mutuel betting and casino gambling as defined in this Code section.
(10) 'Major procurement contract' means any gaming product or service costing in
excess of $75,000.00, including, but not limited to, major advertising contracts, annuity contracts, prize payment agreements, consulting services, equipment, tickets, and other products and services unique to the Georgia lottery, but not including materials,
supplies, equipment, and services common to the ordinary operations of a corporation. (11) 'Member' or 'members' means a director or directors of the board of directors
of the Georgia Lottery Corporation. (12) 'Member of a minority' means an individual who is a member of a race which
comprises less than 50 percent of the total population of the state. (13) 'Minority business' means any business which is owned by:
(A) An individual who is a member of a minority who reports as his personal income for Georgia income tax purposes the income of such business;
(B) A partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their personal income for Georgia
income tax purposes more than 50 percent of the income of the partnership; or (C) A corporation organized under the laws of this state in which a majority of
the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the distributed earnings of the corporation.
(14) 'Net proceeds' means all revenue derived from the sale of lottery tickets or
shares and all other moneys derived from the lottery less operating expenses. (15) 'Operating expenses' means all costs of doing business, including, but not lim-
ited to, prizes, commissions, and other compensation paid to retailers, advertising and marketing costs, personnel costs, capital costs, depreciation of property and equip-
ment, funds for compulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to Code Section 50-27-19, and other operating
costs.
(16) 'Pari-mutuel betting' means a method or system of wagering on actual races involving horses or dogs at tracks which involves the distribution of winnings by pools. Such term shall not mean lottery games which may be predicated on a horse racing
or dog racing scheme that does not involve actual track events. Such term shall not mean traditional lottery games which may involve the distribution of winnings by
pools. (17) 'Person' means any individual, corporation, partnership, unincorporated associ-
ation, or other legal entity. (18) 'Retailer' means a person who sells lottery tickets or shares on behalf of the
corporation pursuant to a contract.
(19) 'Share' means any intangible evidence of participation in a lottery game. (20) 'Ticket' means any tangible evidence issued by the lottery to provide participation in a lottery game.
(21) 'Vendor' means a person who provides or proposes to provide goods or services
to the corporation pursuant to a major procurement contract, but does not include an

FRIDAY, FEBRUARY 14, 1992

937

employee of the corporation, a retailer, or a state agency or instrumentality thereof. Such term does not include any corporation whose shares are publicly traded and which is the parent company of the contracting party in a major procurement contract. 50-27-4. There is created a body corporate and politic to be known as the Georgia Lottery Corporation which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation. Venue for the corporation shall be in Fulton County. 50-27-5. (a) The corporation shall be governed by a board of directors composed of seven members to be appointed by the Governor. Members shall be appointed with a view toward equitable geographic representation.
(b) Members shall be residents of the State of Georgia, shall be prominent persons in their businesses or professions, and shall not have been convicted of any felony offense. The Governor should consider appointing to the board an attorney, an accountant, and a person having expertise in marketing.
(c) Members shall serve terms of five years, except that of the initial members appointed, three shall be appointed for initial terms of two years, two shall be appointed for initial terms of four years, and two shall be appointed for initial terms of five years. Any vacancy occurring on the board shall be filled by the Governor by appointment for
the unexpired term. (d) All members appointed by the Governor shall be confirmed by the Senate. Mem-
bers appointed when the General Assembly is not in regular session shall serve only
until the Senate has confirmed the appointment at the next regular or special session of the General Assembly. If the Senate refuses to confirm an appointment, the member shall vacate his office on the date the confirmation fails.
(e) Members of the board shall not have any direct or indirect interest in an undertaking that puts their personal interest in conflict with that of the corporation, includ-
ing, but not limited to, an interest in a major procurement contract or a participating retailer.
(f) Members of the board shall receive the same per diem expense allowance as that received by members of the General Assembly, plus actual and reasonable expenses
incurred, for each day's service spent in the performance of the duties of the corpora-
tion. (g) The members shall elect from their membership a chairperson and vice chairper-
son. The members shall also elect a secretary and treasurer who can be the chief executive officer of the corporation. Such officers shall serve for such terms as shall be
prescribed by the bylaws of the corporation or until their respective successors are elected and qualified. No member of the board shall hold more than any one office of
the corporation, except that the same person may serve as secretary and treasurer. (h) The board of directors may delegate to any one or more of its members, to the
chief executive officer, or to any agent or employee of the corporation such powers and
duties as it may deem proper. (i) A majority of members in office shall constitute a quorum for the transaction of
any business and for the exercise of any power or function of the corporation. (j) Action may be taken and motions and resolutions adopted by the board at any
meeting thereof by the affirmative vote of a majority of present and voting board members.
(k) No vacancy in the membership of the board shall impair the right of the members to exercise all the powers and perform all the duties of the board.
50-27-6. (a) The chairperson of the board of directors shall appoint a Lottery Retailer Advisory Board to be composed of ten lottery retailers representing the broad-
est possible spectrum of geographical, racial, and business characteristics of lottery retailers. The function of the advisory board shall be to advise the board of directors
on retail aspects of the lottery and to present the concerns of lottery retailers throughout the state.
(b) Members appointed to the Lottery Retailer Advisory Board shall serve terms of two years; provided, however, that five of the initial appointees shall serve initial terms of one year.

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(c) The advisory board shall establish its own rules and internal operating procedures. Members of the advisory board shall serve without compensation or reimbursement of expenses. The advisory board may report to the board of directors or to the oversight committee in writing at any time. The board of directors may invite the advisory board to make an oral presentation to the board of directors at regular meetings of the board.
50-27-7. The board of directors shall provide the chief executive officer with privatesector perspectives of a large marketing enterprise. The board shall:
(1) Approve, disapprove, amend, or modify the budget recommended by the chief executive officer for the operation of the corporation;
(2) Approve, disapprove, amend, or modify the terms of major lottery procurements recommended by the chief executive officer;
(3) Hear appeals of hearings required by this chapter; (4) Adopt regulations, policies, and procedures relating to the conduct of lottery games and as specified in Code Section 50-27-9; and (5) Perform such other functions as specified by this chapter. 50-27-8. The board of directors shall appoint and shall provide for the compensation of a chief executive officer who shall be an employee of the corporation and who shall direct the day-to-day operations and management of the corporation and shall be vested with such powers and duties as specified by the board and by law. The chief executive officer shall serve at the pleasure of the board. 50-27-9. (a) The corporation shall have any and all powers necessary or convenient to its usefulness in carrying out and effectuating the purposes and provisions of this chapter which are not in conflict with the Constitution of this state and which are generally exercised by corporations engaged in entrepreneurial pursuits, including, but without limiting the generality of the foregoing, the following powers: (1) To sue and be sued in contract and in tort and to complain and defend in all courts; (2) To adopt and alter a seal; (3) To adopt, amend, and repeal bylaws, regulations, and policies and procedures for the regulation of its affairs and the conduct of its business; to elect and prescribe the duties of officers and employees of the corporation; and to perform such other matters as the corporation may determine. In the adoption of bylaws, regulations, policies, and procedures or in the exercise of any regulatory power, the corporation shall be exempt from the requirements of Chapter 13 of this title, the 'Georgia Administrative Procedure Act'; (4) To procure or to provide insurance; (5) To hold copyrights, trademarks, and service marks and enforce its rights with respect thereto;
(6) To initiate, supervise, and administer the operation of the lottery in accordance with the provisions of this chapter and regulations, policies, and procedures adopted pursuant thereto;
(7) To enter into written agreements with one or more other states or sovereigns for the operation, participation in marketing, and promotion of a joint lottery or joint lottery games;
(8) To conduct such market research as is necessary or appropriate, which may include an analysis of the demographic characteristics of the players of each lottery game and an analysis of advertising, promotion, public relations, incentives, and other aspects of communication;
(9) To acquire or lease real property and make improvements thereon and acquire by lease or by purchase personal property, including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property, including, but not limited to, computer programs, systems, and software;
(10) To enter into contracts to incur debt in its own name and enter into financing agreements with the state, agencies or instrumentalities of the state, or with any commercial bank or credit provider; provided, however, that any such debt must be approved by the Georgia State Financing and Investment Commission;

FRIDAY, FEBRUARY 14, 1992

939

(11) To be authorized to administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence relative to any investigation or proceeding conducted by the corpo-
ration; (12) To appoint and select officers, agents, and employees, including professional
and administrative staff and personnel and hearing officers to conduct hearings required by this chapter, and to fix their compensation, pay their expenses, and provide a benefit program, including, but not limited to, a retirement plan and a group insurance plan;
(13) To select and contract with vendors and retailers; (14) To perform or to enter into contracts with other state or local law enforcement agencies for the performance of law enforcement, background investigations, and security checks; (15) To hire peace officers certified pursuant to Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' who shall be authorized to conduct security checks of employees, agents, vendors, and retailers; access the Georgia State Crime Information Center network; investigate and conduct all activities necessary or incidental to the provision of security for the lottery; and effect arrests for violation
of this chapter; (16) To enter into contracts of any and all types on such terms and conditions as
the corporation may determine; (17) To establish and maintain banking relationships, including, but not limited to,
establishment of checking and savings accounts and lines of credit; (18) To advertise and promote the lottery and lottery games; (19) To act as a retailer, to conduct promotions which involve the dispensing of lot-
tery tickets or shares, and to establish and operate a sales facility to sell lottery tickets or shares and any related merchandise; and
(20) To adopt and amend such regulations, policies, and procedures as necessary to carry out and implement its powers and duties, organize and operate the corporation, regulate the conduct of lottery games in general, and any other matters necessary or desirable for the efficient and effective operation of the lottery or the convenience of the public. The promulgation of any such regulations, policies and procedures shall be exempt from the requirements of Chapter 13 of this title, the 'Georgia Administrative Procedure Act.' (b) The powers enumerated in subsection (a) of this Code section are cumulative of and in addition to those powers enumerated elsewhere in this chapter, and no such powers limit or restrict any other powers of the corporation. 50-27-10. The board may adopt regulations, policies, and procedures regulating the conduct of lottery games in general, including, but not limited to, regulations, policies, and procedures specifying:
(1) The type of games to be conducted, including, but not limited to, instant lotteries, on-line games, and other games traditional to the lottery. Such games may include the selling of tickets or shares or the use of electronic or mechanical devices;
(2) The sale price of tickets or shares and the manner of sale; provided, however, that all sales shall be for cash only and payment by checks, credit cards, charge cards, or any form of deferred payment is prohibited;
(3) The number and amount of prizes;
(4) The method and location of selecting or validating winning tickets or shares;
(5) The manner and time of payment of prizes, which may include lump sum payments or installments over a period of years;
(6) The manner of payment of prizes to the holders of winning tickets or shares, including without limitation provision for payment of prizes not exceeding $600.00 after deducting the price of the ticket or share and after performing validation procedures appropriate to the game and as specified by the board. The board may provide for a limited number of retailers who can pay prizes of up to $5,000.00 after performing validation procedures appropriate to the game and as specified by the board without regard to where such ticket or share was purchased;

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JOURNAL OF THE HOUSE,

(7) The frequency of games and drawings or selection of winning tickets or shares; (8) The means of conducting drawings; (9) The method to be used in selling tickets or shares which may include the use of electronic or mechanical devices; (10) The manner and amount of compensation to lottery retailers; and (11) Any and all other matters necessary, desirable, or convenient toward ensuring the efficient and effective operation of lottery games, the continued entertainment and convenience of the public, and the integrity of the lottery. 50-27-11. (a) The chief executive officer of the corporation shall direct and supervise all administrative and technical activities in accordance with the provisions of this chapter and with the regulations, policies, and procedures adopted by the board. It shall be the duty of the chief executive officer to: (1) Facilitate the initiation and supervise and administer the operation of the lottery games; (2) Employ and direct such personnel as deemed necessary; (3) Employ by contract and compensate such persons and firms as deemed necessary; (4) Promote or provide for promotion of the lottery and any functions related to the corporation; (5) Prepare a budget for the approval of the board; (6) Require bond from such retailers and vendors in such amounts as required by the board; (7) Report quarterly to the state auditor and the board a full and complete statement of lottery revenues and expenses for the preceding quarter; and (8) Perform other duties generally associated with a chief executive officer of a corporation of an entrepreneurial nature. (b) The chief executive officer may for good cause suspend, revoke, or refuse to renew any contract entered into in accordance with the provisions of this chapter or the regulations, policies, and procedures of the board. (c) The chief executive officer or his designee may conduct hearings and administer oaths to persons for the purpose of assuring the security or integrity of lottery operations or to determine the qualifications of or compliance by vendors and retailers. 50-27-12. (a) The corporation shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees, including, but not limited to, production incentive payments. (b) No employee of the corporation shall have a financial interest in any vendor doing business or proposing to do business with the corporation. (c) No employee of the corporation with decision-making authority shall participate in any decision involving a retailer with whom the employee has a financial interest.
(d) No employee of the corporation who leaves the employment of the corporation may represent any vendor or lottery retailer before the corporation for a period of two years following termination of employment with the corporation.
(e) Background investigation shall be conducted on each applicant who has reached the final selection process prior to employment by the corporation at the level of division director and above and at any level within any division of security and as otherwise required by the board. The corporation shall be authorized to pay for the actual cost of such investigations and may contract with the Georgia Bureau of Investigation for the performance of such investigations. The results of such a background investigation shall not be considered a record open to the public pursuant to Article 4 of Chapter 18 of this title.
(f) No person who has been convicted of a felony or bookmaking or other forms of illegal gambling or of a crime involving moral turpitude shall be employed by the corporation.
(g) The corporation shall bond corporation employees with access to corporation funds or lottery revenue in such an amount as provided by the board and may bond other employees as deemed necessary.
50-27-13. (a) (1) All lottery proceeds shall be the property of the corporation.

FRIDAY, FEBRUARY 14, 1992

941

(2) From its lottery proceeds the corporation shall pay the operating expenses of the corporation. As nearly as practical, at least 45 percent of the amount of money from the actual sale of lottery tickets or shares shall be made available as prize money; provided, however, that this paragraph shall be deemed not to create any lien, entitlement, cause of action, or other private right, and any rights of holders of tickets or shares shall be determined by the corporation in setting the terms of its lottery or lotteries.
(3) As nearly as practical, for each fiscal year, net proceeds shall equal at least 35 percent of the lottery proceeds. However, for the first two full fiscal years and any partial first fiscal year of the corporation, net proceeds need only equal 30 percent of the proceeds as nearly as practical. (b) (1) On or before the fifteenth day of each quarter, the corporation shall transfer to the general fund of the state treasury, for credit to the Lottery for Education Account for the preceding quarter, the amount of all net proceeds during the preceding quarter. The director of the Fiscal Division of the Department of Administrative Services shall separately account for net proceeds by establishing and maintaining a Lottery for Education Account within the state treasury.
(2) Upon their deposit into the state treasury, any moneys representing a deposit of net proceeds shall then become the unencumbered property of the State of Georgia and the corporation shall have no power to agree or undertake otherwise. Such moneys shall be invested by the director in accordance with state investment practices. All earnings attributable to such investments shall likewise be the unencumbered property of the state and shall accrue to the credit of the Lottery for Education Account. (c) (1) In the budget report to the General Assembly, as a separate budget category entitled 'lottery proceeds,' the Governor shall estimate the amount of net proceeds and treasury earnings thereon to be credited to the Lottery for Education Account during the fiscal year and the amount of unappropriated surplus estimated to be accrued in the account at the beginning of the fiscal year. The sum of estimated net proceeds, treasury earnings thereon, and unappropriated surplus shall be designated lottery proceeds.
(2) In the budget report the Governor shall further make specific recommendations as to the education programs and purposes for which appropriations should be made from the Lottery for Education Account. The General Assembly shall appropriate from the Lottery for Education Account by specific reference to it, or by reference to 'lottery proceeds.' All appropriations of lottery proceeds to any particular budget unit shall be made together in a separate part entitled, identified, administered, and accounted for separately as a distinct budget unit for lottery proceeds. Such appropriations shall otherwise be made in the manner required by law for appropriations.
(3) It is the intent of the General Assembly that appropriations from the Lottery for Education Account shall be for educational purposes and projects only.
(4) If, for any educational purpose or program, less is appropriated in or during the fiscal year than is authorized, the excess shall be available for appropriation the following fiscal year and shall not retain its character as funds for the particular purpose.
(d) Appropriations for educational purposes and programs from the account not committed during the fiscal year shall lapse to the general fund and shall be credited to the Lottery for Education Account.
(e) Except as qualified by this chapter, appropriations from the Lottery for Education Fund shall be subject to Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.'
(f) In compliance with the requirement of the Constitution that there shall be a separate accounting of lottery proceeds, no deficiency in the Lottery for Education Account shall be replenished by book entries reducing any nonlottery reserve of general funds, including specifically but without limitation the revenue shortfall reserve or the midyear adjustment reserve; nor shall any nonlottery surplus in the general fund be reduced. No surplus in the Lottery for Education Account shall be reduced to correct any nonlottery deficiencies in sums available for general appropriations, and no surplus in the Lottery

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for Education Account shall be included in any surplus calculated for setting aside any nonlottery reserve or midyear adjustment reserve. In calculating net revenue collections for the revenue shortfall reserve and midyear adjustment reserve, the state auditor shall not include the net proceeds.
50-27-14. It is the intent of the General Assembly that the corporation encourage participation by minority businesses. Accordingly, the board of directors shall adopt a plan which achieves the most feasible and practicable level of participation by minority businesses when the total number of all retailers and vendors are taken together, including any subcontractors. The corporation is authorized and directed to undertake training programs and other educational activities to enable such minority businesses to compete for contracts on an equal basis. The board shall monitor the results of minority business participation.
50-27-15. (a) The corporation shall investigate the financial responsibility, security, and integrity of any lottery system vendor who is a finalist in submitting a bid, proposal, or offer as part of a major procurement. At the time of submitting such bid, proposal,
or offer to the corporation, the corporation may require the following items: (1) A disclosure of the vendor's name and address and, as applicable, the names
and addresses of the following: (A) If the vendor is a corporation, the officers, directors, and each stockholder
in such corporation; provided, however, that in the case of owners of equity securi-
ties of a publicly traded corporation, only the names and addresses of those known to the corporation to own beneficially 5 percent or more of such securities need be
disclosed; (B) If the vendor is a trust, the trustee and all persons entitled to receive
income or benefits from the trust; (C) If the vendor is an association, the members, officers, and directors; and
(D) If the vendor is a partnership or joint venture, all of the general partners,
limited partners, or joint venturers; (2) A disclosure of all the states and jurisdictions in which the vendor does busi-
ness and the nature of the business for each such state or jurisdiction; (3) A disclosure of all the states and jurisdictions in which the vendor has con-
tracts to supply gaming goods or services, including, but not limited to, lottery goods and services, and the nature of the goods or services involved for each such state or
jurisdiction; (4) A disclosure of all the states and jurisdictions in which the vendor has applied
for, has sought renewal of, has received, has been denied, has pending, or has had revoked a lottery or gaming license of any kind or had fines or penalties assessed to
his license, contract, or operation and the disposition of such in each such state or jurisdiction. If any lottery or gaming license or contract has been revoked or has not been renewed or any lottery or gaming license or application has been either denied or is pending and has remained pending for more than six months, all of the facts
and circumstances underlying the failure to receive such a license shall be disclosed; (5) A disclosure of the details of any finding or plea, conviction, or adjudication
of guilt in a state or federal court of the vendor for any felony or any other criminal
offense other than a traffic violation; (6) A disclosure of the details of any bankruptcy, insolvency, reorganization, or
corporate or individual purchase or takeover of another corporation, including bonded indebtedness, or any pending litigation of the vendor; and
(7) Such additional disclosures and information as the corporation may determine
to be appropriate for the procurement involved. If at least 25 percent of the cost of a vendor's contract is subcontracted, the vendor shall disclose all of the information required by this Code section for the subcontractor as if
the subcontractor were itself a vendor. (b) A lottery procurement contract shall not be entered into with any lottery system
vendor who has not complied with the disclosure requirements described in subsection
(a) of this Code section, and any contract with such a vendor is voidable at the option
of the corporation. Any contract with a vendor who does not comply with such requirements for periodically updating such disclosures during the tenure of contract as may

FRIDAY, FEBRUARY 14, 1992

943

be specified in such contract may be terminated by the corporation. The provisions of this Code section shall be construed broadly and liberally to achieve the ends of full disclosure of all information necessary to allow for a full and complete evaluation by the corporation of the competence, integrity, background, and character of vendors for major procurements.
(c) A major procurement contract shall not be entered into with any vendor who has been found guilty of a felony related to the security or integrity of the lottery in this or any other jurisdiction.
(d) A major procurement contract shall not be entered into with any vendor if such vendor has an ownership interest in an entity that had supplied consultation services under contract to the corporation regarding the request for proposals pertaining to those particular goods or services.
(e) No lottery system vendor nor any applicant for a major procurement contract may pay, give, or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service, excluding food and beverages having an aggregate value not exceeding $100.00 in any calendar year, to the chief executive officer, any board member, or any employee of the corporation or to a member of the immediate family residing in the same household as any such person.
50-27-16. (a) (1) Each vendor shall, at the execution of the contract with the corporation, post a performance bond or letter of credit from a bank or credit provider acceptable to the corporation in an amount as deemed necessary by the corporation for that particular bid or contract. In lieu of the bond, a vendor may, to assure the faithful performance of its obligations, deposit and maintain with the corporation securities that are interest bearing or accruing and that are rated in one of the three highest classifications by an established nationally recognized investment rating service. Securities eligible under this Code section are limited to:
(A) Certificates of deposit issued by solvent banks or savings associations approved by the corporation and which are organized and existing under the laws of this state or under the laws of the United States;
(B) United States bonds, notes, and bills for which the full faith and credit of the government of the United States is pledged for the payment of principal and interest; and
(C) Corporate bonds approved by the corporation. The corporation which issued the bonds shall not be an affiliate or subsidiary of the depositor.
Such securities shall be held in trust and shall have at all times a market value at least equal to the full amount estimated to be paid annually to the lottery vendor under contract.
(2) Because of certain economic considerations, minority businesses may not be able financially to comply with the bonding, deposit of securities, or letter of credit requirements of paragraph (1) of this subsection. Notwithstanding any other provisions of this subsection, in order to assure minority participation in major procurement contracts to the most feasible and practicable extent possible, the chief executive officer is authorized and directed to waive the bonding, deposit of securities, and letter of credit requirements of paragraph (1) of this subsection for a period of five years from the time that a minority business enters into a major procurement contract for any minority business which substantiates financial hardship pursuant to the policies and procedures established by the board.
(b) Each vendor shall be qualified to do business in this state and shall file appropriate tax returns as provided by the laws of this state. All contracts under this Code section shall be governed by the laws of this state.
(c) No contract shall be let with any vendor in which a public official, as defined by Code Section 45-10-20, has an ownership interest of 10 percent or more.
(d) All major procurement contracts must be competitively bid pursuant to policies and procedures approved by the board unless there is only one qualified vendor and that vendor has an exclusive right to offer the service or product.
50-27-17. (a) The General Assembly recognizes that to conduct a successful lottery, the corporation must develop and maintain a state-wide network of lottery retailers that

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will serve the public convenience and promote the sale of tickets or shares and the playing of lottery games while ensuring the integrity of the lottery operations, games, and activities.
(b) The corporation must make every effort to provide small retailers a chance to participate in the sales of lottery tickets or shares.
(c) The corporation shall provide for compensation to lottery retailers in the form of commissions in an amount of not less than 5 percent of gross sales and may provide for other forms of compensation for services rendered in the sale or cashing of lottery tickets or shares.
(d) The corporation shall issue a certificate of authority to each person with whom it contracts as a retailer for purposes of display. Every lottery retailer shall post and keep conspicuously displayed in a location on the premises accessible to the public its certificate of authority. No certificate shall be assignable or transferable.
(e) The board shall develop a list of objective criteria upon which the qualification of lottery retailers shall be based. Separate criteria shall be developed to govern the selection of retailers of instant tickets and on-line retailers. In developing these criteria, the board shall consider such factors as the applicant's financial responsibility, security of the applicant's place of business or activity, accessibility to the public, integrity, and reputation. The board shall not consider political affiliation, activities, or monetary contributions to political organizations or candidates for any public office. The criteria shall include but not be limited to the following:
(1) The applicant shall be current in filing all applicable tax returns to the State of Georgia and in payment of all taxes, interest, and penalties owed to the State of Georgia, excluding items under formal appeal pursuant to applicable statutes. The Department of Revenue is authorized and directed to provide this information to the corporation;
(2) No person, partnership, unincorporated association, corporation, or other business entity shall be selected as a lottery retailer who:
(A) Has been convicted of a criminal offense related to the security or integrity of the lottery in this or any other jurisdiction;
(B) Has been convicted of any illegal gambling activity, false statements, false swearing, or perjury in this or any other jurisdiction or convicted of any crime punishable by more than one year of imprisonment or a fine of more than $1,000.00 or both;
(C) Has been found to have violated the provisions of this chapter or any regulation, policy, or procedure of the corporation unless either ten years have passed since the violation or the board finds the violation both minor and unintentional in nature;
(D) Is a vendor or any employee or agent of any vendor doing business with the corporation;
(E) Resides in the same household as an officer of the corporation;
(F) Has made a statement of material fact to the corporation knowing such statement to be false; or
(G) Is engaged exclusively in the business of selling lottery tickets or shares; provided, however, that this subsection shall not preclude the corporation from selling or giving away lottery tickets or shares for promotional purposes;
(3) Persons applying to become lottery retailers shall be charged a uniform application fee for each lottery outlet. Retailers who participate in on-line games shall be charged a uniform application fee for each on-line outlet;
(4) Any lottery retailer contract executed pursuant to this Code section may, for good cause, be suspended, revoked, or terminated by the chief executive officer or his designee if the retailer is found to have violated any provision of this chapter or objective criteria established by the board. Review of such activities shall be in accordance with the procedures outlined in this chapter and shall not be subject to Chapter 13 of this title, the 'Georgia Administrative Procedure Act'; and
(5) All lottery retailer contracts may be renewable annually in the discretion of the corporation unless sooner canceled or terminated.

FRIDAY, FEBRUARY 14, 1992

945

(f) No lottery retailer or applicant to be a lottery retailer shall pay, give, or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service, excluding food and beverages having an aggregate value not exceeding $100.00 in any calendar year, to the chief executive officer, any board member, or any employee of the corporation or to a member of the immediate family residing in the same household as any such person.
50-27-18. (a) No lottery retailer contract shall be transferable or assignable. No lottery retailer shall contract with any person for lottery goods or services except with the approval of the board.
(b) Lottery tickets and shares shall only be sold by the retailer stated on the lottery retailer certificate.
50-27-19. In lieu of any bonding requirement for lottery retailers, the board shall establish a fidelity fund separate from all other funds and shall assess each retailer a one-time fee not to exceed $100.00 per sales location. Any losses the corporation experiences due to the misfeasance or malfeasance of a lottery retailer shall be paid out of the fidelity fund. The director is authorized to invest the funds in the fidelity fund or
to place such funds in one or more interest-bearing accounts. At the end of each fiscal year, the director shall pay to the general lottery fund any amount in the fidelity fund which exceeds $500,000.00, and such funds shall be commingled with and treated as net proceeds from the lottery. Any time the balance in the fidelity fund falls below
$250,000.00, the director is authorized to assess each lottery retailer an amount not to exceed $50.00 per sales location every six months to replenish the fund.
50-27-20. (a) Any retail contract executed by the corporation pursuant to this chapter shall specify the reasons for which a contract may be canceled, suspended, revoked,
or terminated by the corporation, which reasons shall include but not be limited to: (1) Commission of a violation of this chapter, a regulation, or a policy or procedure
of the corporation; (2) Failure to accurately or timely account for lottery tickets, lottery games, reve-
nues, or prizes as required by the corporation; (3) Commission of any fraud, deceit, or misrepresentation;
(4) Insufficient sales;
(5) Conduct prejudicial to public confidence in the lottery; (6) The retailer filing for or being placed in bankruptcy or receivership;
(7) Any material change as determined in the sole discretion of the corporation in any matter considered by the corporation in executing the contract with the retailer;
or (8) Failure to meet any of the objective criteria established by the corporation pur-
suant to this chapter. (b) If, in the discretion of the chief executive officer or his designee cancellation,
denial, revocation, suspension, or rejection of renewal of a lottery retailer contract is in the best interest of the lottery, the public welfare, or the State of Georgia, the chief
executive officer or his designee may cancel, suspend, revoke, or terminate, after notice and a right to a hearing, any contract issued pursuant to this chapter. Such contract
may, however, be temporarily suspended by the chief executive officer or his designee without prior notice pending any prosecution, hearing, or investigation, whether by a
third party or by the chief executive officer. A contract may be suspended, revoked, or terminated by the chief executive officer or his designee for any one or more of the reasons enumerated in this Code section. Any hearing held shall be conducted by the chief
executive officer or his designee. A party to the contract aggrieved by the decision of
the chief executive officer or his designee may appeal the adverse decision to the board. Such appeal shall be pursuant to the regulations, policies, and procedures set by the
board and is not subject to Chapter 13 of this title, the 'Georgia Administrative Procedure Act.'
50-27-21. (a) All proceeds from the sale of the lottery tickets or shares shall consti-
tute a trust fund until paid to the corporation either directly or through the corporation's authorized collection representative. A lottery retailer and officers of a lottery
retailer's business shall have a fiduciary duty to preserve and account for lottery proceeds and lottery retailers shall be personally liable for all proceeds. Proceeds shall

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include unsold instant tickets received by a lottery retailer and cash proceeds of the sale of any lottery products, net of allowable sales commissions and credit for lottery prizes sold to or paid to winners by lottery retailers. Sales proceeds and unused instant tickets shall be delivered to the corporation or its authorized collection representative upon demand.
(b) The corporation shall require retailers to place all lottery proceeds due the corporation in accounts in institutions insured by the Federal Deposit Insurance Corporation not later than the close of the next banking day after the date of their collection by the retailer until the date they are paid over to the corporation. At the time of such deposit, lottery proceeds shall be deemed to be the property of the corporation. The corporation may require a retailer to establish a single separate electronic funds transfer account where available for the purpose of receiving moneys from ticket or share sales, making payments to the corporation, and receiving payments for the corporation. Unless otherwise authorized in writing by the corporation, each lottery retailer shall establish a separate bank account for lottery proceeds which shall be kept separate and apart from all other funds and assets and shall not be commingled with any other funds or assets.
(c) Whenever any person who receives proceeds from the sale of lottery tickets or shares in the capacity of a lottery retailer becomes insolvent or dies insolvent, the proceeds due the corporation from such person or his estate shall have preference over all debts or demands.
50-27-22. If a lottery retailer's rental payments for the business premises are contractually computed, in whole or in part, on the basis of a percentage of retail sales and such computation of retail sales is not explicitly defined to include sales of tickets or shares in a state operated or state managed lottery, only the compensation received by the lottery retailer from the corporation may be considered the amount of the lottery retail sale for purposes of computing the rental payment.
50-27-23. (a) No person shall sell a ticket or share at a price other than established by the corporation unless authorized in writing by the chief executive officer. No person other than a duly certified lottery retailer shall sell lottery tickets, but this subsection shall not be construed to prevent a person who may lawfully purchase tickets or shares from making a gift of lottery tickets or shares to another. Nothing in this chapter shall be construed to prohibit the corporation from designating certain of its agents and employees to sell or give lottery tickets or shares directly to the public.
(b) Lottery tickets or shares may be given by merchants as a means of promoting goods or services to customers or prospective customers subject to prior approval by the corporation.
(c) No lottery retailer shall sell a lottery ticket or share except from the locations listed in his contract and as evidenced by his certificate of authorization unless the corporation authorizes in writing any temporary location not listed in his contract.
(d) No lottery tickets or shares shall be sold to persons under 18 years of age, but this Code section does not prohibit the purchase of a lottery ticket or share by a person 18 years of age or older for the purpose of making a gift to any person of any age. In such case, the corporation shall direct payment of proceeds of any lottery prize to an adult member of the person's family or a legal representative of the person on behalf of such person. The person named as custodian shall have the same powers and duties as prescribed for a custodian pursuant to Article 5 of Chapter 5 of Title 44.
50-27-24. (a) Proceeds of any lottery prize shall be subject to the Georgia state income tax.
(b) Any attachments, garnishments, or executions authorized and issued pursuant to law shall be withheld if timely served upon the corporation. This subsection shall not apply to a retailer.
(c) The corporation shall adopt regulations, policies, and procedures to establish a system of verifying the validity of tickets or shares claimed to win prizes and to effect payment of such prizes, except that:
(1) No prize, any portion of a prize, or any right of any person to a prize awarded shall be assignable. Any prize or any portion of a prize remaining unpaid at the death of a prize winner shall be paid to the estate of the deceased prize winner or to the

FRIDAY, FEBRUARY 14, 1992

947

trustee of a trust established by the deceased prize winner as settlor if a copy of the trust document or instrument has been filed with the corporation along with a notarized letter of direction from the settlor and no written notice of revocation has been received by the corporation prior to the settlor's death. Following a settlor's death and prior to any payment to such a successor trustee, the corporation shall obtain from the trustee a written agreement to idemnify and hold the corporation harmless with respect to any claims that may be asserted against the corporation arising from payment to or through the trust. Notwithstanding any other provisions of this Code section, any person, pursuant to an appropriate judicial order, shall be paid the prize to which a winner is entitled;
(2) No prize shall be paid arising from claimed tickets that are stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received, or not recorded by the corporation within applicable deadlines; lacking in captions that conform and agree with the play symbols as appropriate to the particular lottery game involved; or not in compliance with such additional specific regulations and public or confidential validation and security tests of the corporation appropriate to the particular lottery game involved;
(3) No particular prize in any lottery game shall be paid more than once, and in the event of a determination that more than one claimant is entitled to a particular prize, the sole remedy of such claimants is the award to each of them of an equal share in the prize; and
(4) A holder of a winning cash ticket or share from a lottery game shall claim a cash prize within 180 days, or for a multistate or multisovereign lottery game within 180 days, after the drawing in which the cash prize was won. In any Georgia lottery game in which the player may determine instantly if he has won or lost, he shall claim a cash prize within 90 days, or for a multistate lottery game within 180 days, after the end of the lottery game. If a valid claim is not made for a cash prize within the applicable period, the cash prize shall constitute an unclaimed prize for purposes of Code Section 50-27-24.
(d) No prize shall be paid upon a ticket or share purchased or sold in violation of this chapter. Any such prize shall constitute an unclaimed prize for purposes of this Code section.
(e) The corporation is discharged of all liability upon payment of a prize.
(f) No ticket or share shall be purchased by and no prize shall be paid to any member of the board of directors; any officer or employee of the corporation; or to any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of any such person. No ticket or share shall be purchased by and no prize shall be paid to any officer, employee, agent, or subcontractor of any vendor or to any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of any such person if such officer, employee, agent, or subcontractor has access to confidential information which may compromise the integrity of the lottery.
(g) No lottery game utilizing an electronic or mechanical machine may use a machine which dispenses coins or currency.
(h) Unclaimed prize money shall not constitute net lottery proceeds. A portion of unclaimed prize money, not to exceed $200,000.00 annually, shall be directed to the Department of Human Resources for the treatment of compulsive gambling disorder and educational programs related to such disorder. In addition, unclaimed prize money may be added to the pool from which future prizes are to be awarded or used for special prize promotions.
50-27-25. (a) Except as authorized in this chapter, the corporation is subject to the provisions of Article 4 of Chapter 18 of this title and Chapter 14 of this title. The corporation is specifically authorized to determine which information relating to the operation of the lottery is confidential. Such information includes trade secrets; security measures, systems, or procedures; security reports; information concerning bids or other contractual data, the disclosure of which would impair the efforts of the corporation to contract for goods or services on favorable terms; employee personnel information unrelated to

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compensation, duties, qualifications, or responsibilities; and information obtained pursuant to investigations which is otherwise confidential. Information deemed confidential pursuant to this Code section is exempt from the provisions of Article 4 of Chapter 18 of this title. Meetings or portions of meetings devoted to discussing information deemed confidential pursuant to this Code section are exempt from Chapter 14 of this title.
(b) The corporation shall perform full criminal background investigations prior to the execution of any vendor contract.
(c) The corporation or its authorized agent shall:
(1) Conduct criminal background investigations and credit investigations on all potential retailers;
(2) Supervise ticket or share validation and lottery drawings; (3) Inspect at times determined solely by the corporation the facilities of any vendor or lottery retailer in order to determine the integrity of the vendor's product or the operations of the retailer in order to determine whether the vendor or the retailer is in compliance with its contract;
(4) Report any suspected violations of this chapter to the appropriate district attorney or the Attorney General and to any law enforcement agencies having jurisdiction over the violation; and
(5) Upon request, provide assistance to any district attorney, the Attorney General, or a law enforcement agency investigating a violation of this chapter. 50-27-26. Any person who knowingly sells a lottery ticket or share to a person under
18 years of age or permits a person under 18 years of age to play any lottery games shall be fined not less than $100.00 nor more than $500.00 for the first offense and for each subsequent offense not less than $200.00 nor more than $1,000.00. It shall be an affirma-
tive defense to a charge of a violation under this Code section that the retailer reasonably and in good faith relied upon representation of proof of age in making the sale.
50-27-27. (a) Any person who, with intent to defraud, falsely makes, alters, forges,
utters, passes, or counterfeits a state lottery ticket shall be punished by a fine not to exceed $50,000.00 or imprisonment for not longer than five years or both.
(b) Any person who influences or attempts to influence the winning of a prize
through the use of coercion, fraud, deception, or tampering with lottery equipment or materials shall be punished by a fine not to exceed $50,000.00 or by imprisonment for not longer than five years or both.
50-27-28. No person shall knowingly or intentionally make a material false statement in any application for a license or proposal to conduct lottery activities or make a mate-
rial false entry in any book or record which is compiled or maintained or submitted to the board pursuant to the provisions of this chapter. Any person who violates the provi-
sions of this Code section shall be punished by a fine not to exceed $25,000.00 or the dollar amount of the false entry or statement, whichever is greater, or by imprisonment for not longer than five years or both.
50-27-29. (a) The corporation may enter into intelligence sharing, reciprocal use, or restricted use agreements with the federal government, law enforcement agencies, lottery regulation agencies, and gaming enforcement agencies of other jurisdictions which pro-
vide for and regulate the use of information provided and received pursuant to the agreement.
(b) Records, documents, and information in the possession of the corporation received pursuant to an intelligence-sharing, reciprocal use, or restricted use agreement entered into by the corporation with a federal department or agency, any law enforce-
ment agency, or the lottery regulation or gaming enforcement agency of any jurisdiction shall be considered investigative records of a law enforcement agency and are not subject to Article 4 of Chapter 18 of this title and shall not be released under any condition
without the permission of the person or agency providing the record or information. 50-27-30. (a) The corporation shall enter into its contracts for major procurements
after competitive bidding. The requirement for competitive bidding does not apply in the case of a single vendor having exclusive rights to offer a particular service or
product. Procedures adopted by the board shall be designed to allow the selection of proposals that provide the greatest long-term benefit to the state, the greatest integrity
for the corporation, and the best service and products for the public.

FRIDAY, FEBRUARY 14, 1992

949

(b) In any bidding process, the corporation may administer its own bidding and procurement or may utilize the services of the Department of Administrative Services or other state agency or subdivision thereof.
50-27-31. (a) Any retailer, vendor, or applicant for a retailer or vendor contract aggrieved by an action of the board may appeal that decision to the Superior Court of Fulton County.
(b) The Superior Court of Fulton County shall hear appeals from decisions of the board and based upon the record of the proceedings before the board may reverse the decision of the board only if the appellant proves the decision to be:
(1) Clearly erroneous;
(2) Arbitrary and capricious; (3) Procured by fraud;
(4) A result of substantial misconduct by the board; or (5) Contrary to the United States Constitution or the Constitution of Georgia or the provisions of this chapter. (c) The superior court may remand an appeal to the board to conduct further hearings. (d) Any person who appeals the award of a major procurement contract for the supply of a lottery ticket system, share system, or an on-line or other mechanical or electronic system shall be liable for all costs of appeal and defense in the event the appeal is denied or the contract award upheld. Cost of appeal and defense shall specifically include but not be limited to court costs, bond, legal fees, and loss of income to the cor-
poration resulting from institution of the appeal if, upon the motion of the corporation, the court finds the appeal to have been frivolous.
50-27-32. (a) The corporation may borrow, or accept and expend, in accordance
with the provisions of this chapter, such moneys as may be received from any source, including income from the corporation's operations, for effectuating its corporate pur-
poses, including the payment of the initial expenses of initiation, administration, and operation of the corporation and the lottery.
(b) Any debt of the corporation may be validated pursuant to the provisions of sub-
section (e) of Code Section 50-17-25, and the provisions of such subsection relating to the State Financing and Investment Commission shall be deemed to apply to the corpo-
ration. (c) The corporation shall be self-sustaining and self-funded. Moneys in the state gen-
eral fund shall not be used or obligated to pay the expenses of the corporation or prizes
of the lottery, and no claim for the payment of an expense of the lottery or prizes of the lottery may be made against any moneys other than moneys credited to the corpora-
tion operating account. (d) The corporation may purchase, lease, or lease-purchase such goods or services as
are necessary for effectuating the purposes of this chapter. The corporation may make
procurements which integrate functions such as lottery game design, lottery ticket distribution to retailers, supply of goods and services, and advertising. In all procurement decisions, the corporation shall take into account the particularly sensitive nature of the
state lottery and shall act to promote and ensure security, honesty, fairness, and integrity in the operation and administration of the lottery and the objectives of raising net
proceeds for the benefit of educational programs and purposes. 50-27-33. (a) To ensure the financial integrity of the lottery, the corporation
through its board of directors shall: (1) Submit quarterly and annual reports to the Governor, state auditor, and the
oversight committee created by Code Section 50-27-34, disclosing the total lottery rev-
enues, prize disbursements, operating expenses, and administrative expenses of the corporation during the reporting period. The annual report shall additionally describe the organizational structure of the corporation and summarize the functions performed
by each organizational division within the corporation; (2) Adopt a system of internal audits; (3) Maintain weekly or more frequent records of lottery transactions, including the
distribution of tickets or shares to retailers, revenues received, claims for prizes, prizes paid, prizes forfeited, and other financial transactions of the corporation;

950

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(4) Contract with a certified public accountant or firm for an annual financial audit of the corporation. The certified public accountant or firm shall have no financial interest in any vendor with whom the corporation is under contract. The certified public accountant or firm shall present an audit report not later than seven months after the end of the fiscal year. The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period. The cost of this annual financial audit shall be an operating expense of the corporation. The state auditor may at any time conduct an audit of any phase of the operations of the Georgia Lottery Corporation at the expense of the state and shall receive a copy of the annual independent financial audit. A copy of any audit performed by the certified public accountant or firm or the state auditor shall be transmitted to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, the state auditor, and the oversight committee chairperson;
(5) Submit to the Office of Planning and Budget and the state auditor by June 30 of each year a copy of the annual operating budget for the corporation for the next fiscal year. This annual operating budget shall be approved by the board and be on such forms as prescribed by the Office of Planning and Budget;
(6) For informational purposes only, submit to the Office of Planning and Budget on September 1 of each year a proposed operating budget for the corporation for the succeeding fiscal year. This budget proposal shall also be accompanied by an estimate of the net proceeds to be deposited into the Lottery for Education Account during the succeeding fiscal year. This budget shall be on such forms as prescribed by the Office of Planning and Budget; and
(7) Adopt the same fiscal year as that used by state government. 50-27-34. (a) There is created as a joint committee of the General Assembly the Georgia Lottery Corporation Legislative Oversight Committee, to be composed of the members of the House Committee on Industry and the Senate Committee on Economic Development. The chairmen of such committees shall serve as cochairmen of the oversight committee. The oversight committee shall periodically inquire into and review the operations of the Georgia Lottery Corporation, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter. The oversight committee may conduct any independent audit or investigation of the authority it deems necessary. (b) The Georgia Lottery Corporation shall provide the oversight committee not later than December 1 of each year with a complete report of the level of participation of minority businesses in all retail and major procurement contracts awarded by the corporation."
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional.
Section 4. This Act shall become effective upon ratification by the voters of this state at the 1992 November general election of that proposed amendment to Article I, Section II of the Constitution authorizing the General Assembly to provide by law for a lottery or lotteries run by or on behalf of the state; provided, however, that if such amendment is not so ratified, this Act shall be null and void and shall stand repealed in its entirety; and provided, further, that the portion of Section 2 of this Act which enacts Code Sections 50-27-5 and 50-27-6 shall become effective upon approval by the Governor or upon this Act becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and lost.

FRIDAY, FEBRUARY 14, 1992

951

Representative Klein of the 21st moves to amend the Committee substitute to HB 1541 as follows:
By adding a new Section 4 to read: "Notwithstanding the above, the provisions of this Act shall expire July 1, 2000."
By renumbering the present Sections "4" and "5" as "5" and "6".

The following amendment was read and withdrawn:

Representative Smith of the 78th moves to amend the Committee substitute to HB 1541 as follows:
On page 38 after line 12 add the following:
(6) Collect sales tax on all lottery tickets sold.

The following amendment was read:

Representatives Irwin of the 57th and Yeargin of the 14th move to amend the Committee substitute to HB 1541 as follows:
Strike line #2, page 1, beginning with the word relating and ending with the word taxes on line #4. Striking Section 1, page 2 in its entirety and inserting in lieu thereof the following:
Notwithstanding any other provision of this bill, the sale of lottery tickets shall be subject to sales and use taxes.

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

N Abernathy Y Adams Y Aiken Y Alford Y Ashe
Y Atkins N Baker
Balkcom N Barfoot
Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty N Benei'ield Y Birdsong Y Blitch Y Bordeaux
Bostick Branch Y Breedlove N Brooks N Brown Y Brush
NBuck N Buckner
YByrd N Campbell
N Canty Y Carrell Y Carter Y Cauthorn Y Chafin

Chambless Y Cheeks N Childers
Y Clark.E Y Clark.L Y Coker
Y Coleman Colwell
N Connell Y Culbreth
Y Cummings.B Cummings.M
N Davis.D Davis.G
Y Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
N Edwards N Elliott Y Felton
Fennel
Y Floyd.J.M N FloydJ.W Y Flynt
N Godbee Y Golden N Goodwin E Green
Y Greene Griffin

N Groover
Y Hamilton Y Hammond
Y Banner Y Harris.B
Y Harris,J N Heard N Henson Y Herbert
N Holland N Holmes Y Howard Y Hudson Y Irwin Y Jackson N Jamieson Y Jenkins Y Jones
N Kilgore King
N Kingston Y Klein N Ladd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson NLee
Long Lord N Lucas Y Mann

Y Martin Y McBee Y McCoy
McKelvey
N McKinney.B McKinney.C
Y Meadows Y Merritt Y Milam N Mills
Y Mobley Y Moody N Morsberger
Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett N Parham Y Parrish
Patten Y Pelote Y Perry
N Pettit N Pinholster
Pinkston N Poag N Porter N Poston Y Powell.A Y Powell.C

Y Presley Y Purcell Y Randall
Ray N Reaves N Redding Y Ricketson Y Royal
N Selman Y Sherrill N Simpson N Sinkfield N Skipper Y Smith.L
N Smith.P Y Smith.T Y Smith.W N Smyre N Snow
Stancil.F N Stancil.S N Stanley N Sweat Y Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond Y Titus Y Tolbert Y Townsend N Turnquest

952

JOURNAL OF THE HOUSE,

Twiggs
Y Valenti Y Vaughan

Y Walker.J
Y Walker.L Y Wall

N Watson
Y Watts N White

N Wilder
Y Williams.B N Williams.J

Y Williams.R
Y Yeargin Murphy.Spkr

On the adoption of the amendment, the ayes were 93, nays 63. The amendment was adopted.

Representative Taylor of the 94th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following amendment was read and adopted:

Representative Coleman of the 118th moves to amend the Committee substitute to HB 1541 as follows:
On page 13 line 5 by striking the language in subsection (14) and inserting the following:
(14) To enter into contracts and or agreements with state or local law enforcement agencies for the performance of law enforcement, background investigations, and security checks;
And by striking on page 13, line 9 subsection (15) in its entirety and renumbering the remaining subsections accordingly.

The following amendment was read and adopted:

Representatives Walker of the 115th, Groover of the 99th and Watson of the 114th move to amend the Committee substitute to HB 1541 as follows:
By adding at the end of line 12 page 30 a new sentence to read as follows:
"Notwithstanding any other provision of this section to the contrary, the corporation is authorized to make such assessment to each retailer in any amount necessary to keep the fidelity fund fiscally sound."

The following amendment was read and lost:

Representative Irwin of the 57th moves to amend the Committee substitute to HB 1541 as follows:
By adding a new subsection (e) on page 34, beginning at line 9:
The odds or chances of an individual winning shall be prominently displayed at every location where said lottery tickets are sold. This information shall also be printed on each ticket sold.

The following amendment was read:
Representatives Lawrence of the 49th and Stancil of the 8th move to amend the Committee substitute to HB 1541 by inserting on line 33 of page 19, between the word "appropriations" and the symbol ".", the following:
"; provided, however, that such moneys shall first be appropriated to fund the budget item relating to equalization grants provided by Code Section 20-2-165".

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

FRIDAY, FEBRUARY 14, 1992

953

N Abernathy
N Adams Y Aiken N Alford Y Ashe Y Atkins N Baker
Balkcom
N Barfoot Bargeron
N Barnett.B N Barnett.M
Bates Y Beatty N Benetield
N Birdsong Y Blitch N Bordeaux
Bostick Branch
Y Breedlove
Y Brooks N Brown N Brush
N Buck N Buckner N Byrd Y Campbell
N Canty
N Carrell
N Carter
N Cauthorn
N Chafin
Chambless Y Cheeks N Childers

Y Clark.E
N Clark.L Y Coker N Coleman
Colwell N Connell
N Culbreth
Y Cummings.B
Cummings.M
N Davis.D Davis.G
Y Davis.M
N Dixon.H Dixon.S
N Dobbs
N Dover
N Dunn
N Edwards N Elliott Y Felton
Fennel
N Floyd.J.M
N Floyd.J.W
N Flynt N Godbee N Golden Y Goodwin E Green
N Greene
Griffin
N Groover N Hamilton N Hammond
N Hanner N Harris.B
N Harris.J

Y Heard N Henson N Herbert N Holland Y Holmes
Howard N Hudson
N Irwin
N Jackson N Jamieson N Jenkins
Y Jones N Kilgore N King N Kingston Y Klein YLadd N Lane.D Y Lane.R N Langford Y Lawrence N Lawson
NLee
Long
Lord
N Lucas Y Mann N Martin N McBee N McCoy
McKelvey
N McKinney.B
McKinney.C Y Meadows Y Merritt N Milam

N Mills
N Mobley
N Moody
Y Morsberger
Moultrie Y Mueller N Oliver.C N Oliver.M
N Orr Y Orrock N Padgett N Parham
N Parrish Patten
N Pelote
N Perry N Pettit Y Pinholster
Pinkston N Poag
N Porter
N Poston
N Powell.A
N Powell.C Y Presley
N Purcell
N Randall
Ray
N Reaves
Y Redding N Ricketson
N Royal N Selman N Sherrill
N Simpson Sinkfield

On the adoption of the amendment, the ayes were 39, nays 113. The amendment was lost.

N Skipper N Smith.L N Smith,? N Smith.T N Smith, W N Smyre N Snow
Stancil.F Y Stancil.S
N Stanley N Streat Y Tavlor N Teper N Thomas.C N Thomas.M N Thomas, N N Thurmond N Titus Y Tolbert N Townsend N Turnquest
Twiggs N Valenti Y Vaughan N Walker.J N Walker.L N Wall N Watson N Watts Y White Y Wilder Y Williams.B Y Williams.J
Williams.R Yeargin Murphy,Spkr

The Committee substitute, as amended, was adopted.

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

Y Abernathy Y Adams Y Aiken
Y Alford
Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot
Bargeron
Y Barnett.B
N Barnett.M
Bates
N Beatty Y Benefield N Birdsong
Y Blitch
Y Bordeaux Bostick
Y Branch N Breedlove N Brooks Y Brown
Y Brush

YBuck
Y Buckner
NByrd
Y Campbell
Y Canty Y Carrell
Y Carter
Y Cauthorn Y Chafin Y Chambless
Y Cheeks N Childers N Clark.E N Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth N Cummings.B
Cummings.M Y Davis.D
Davis.G
Davis.M

Y Dixon.H N Dixon.S Y Dobbs N Dover Y Dunn
Y Edwards N Elliott N Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden
Y Goodwin E Green Y Greene
Griffin
Y Groover Y Hamilton Y Hammond Y Hanner N Harris.B Y Harris.J

Y Heard
Y Henson Y Herbert
Y Holland Y Holmes
Y Howard Y Hudson
Y Irwin Y Jackson Y Jamieson
N Jenkins Y Jones
Y Kilgore YKing N Kingston N Klein Y Ladd Y Lane.D
Y Lane.R
N Langford
Y Lawrence Y Lawson
Y Lee
Long

Lord Y Lucas N Mann Y Martin
Y McBee
Y McCoy
Y McKelvev
Y McKinney.B
McKinney.C Y Meadows Y Merritt
Y Milam Y Mills Y Mobley N Moody N Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M
Y Orr
Y Orrock
Y Padgett
Y Parham

954

JOURNAL OF THE HOUSE,

Y Parrish Patten
Y Pelote Y Perry Y Pettit N Pinholstei
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C

N Presley Y Purcell Y Randall
Ray Y Reaves Y Redding N Ricketson
N Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P N Smith.T Y Smith.W Y Smyre YSnow
Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor

Y Teper N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan

Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder N Williams.B Y Williams.J Y Williams.R N Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 127, nays 32.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Resolution of the Senate was read:

SR 476. By Senators Deal of the 49th, Garner of the 30th 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, February 14, 1992, and shall reconvene on Monday, February 17, 1992.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on February 17 may be as ordered by the Senate; and the hour for convening the House on February 17 may be as ordered by the House.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Bostick Branch Y Breedlove Y Brooks Brown Y Brush Y Buck Buckner Y Byrd Y Campbell Y Canty Y Carrell Carter Y Cauthorn

Y Chafin Y Chambless
Cheeks Childers Y Clark.E Y Clark.L Y Coker Y Coleman Colwell Y Connell Y Culbreth Y Cummings.B Cummings,M Y Davis.D Davis.G Y Dayis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Elliott Y Felton Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green

Y Greene Griffin
Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y HarrisJ Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Long

Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy
McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Moultrie Y' Mueller Y Oliver,C Oliver.M Y Orr Y Orrock Padgett Y Parham Y Parrish Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston Y Poag

Porter
Y Poston
Y Powell.A
Y Powell.C
Y Presley
Y Purcell
Y Randall Ray
Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre
Snow
Stancil.F
Y Stancil.S
Y Stanley
Y Streat Y Taylor
Y Teper
Y Thomas.C
Y Thomas.M
Y Thomas.N

FRIDAY, FEBRUARY 14, 1992

955

Y Thurmond Y Titus Y Tolbert
Y Townsend

Y Turnquest Twiggs
Y Valenti
Vaughan

Walker.J Y Walker.L Y Wall
Y Watson

Y Watts N White Y Wilder
Y Williams,B

Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 140, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Due to mechanical malfunction, the vote of Representative Vaughan of the 20th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

HR 876. By Representatives Harris of the 96th, Culbreth of the 97th, Buck of the 95th, Moultrie of the 93rd, Taylor of the 94th and others:
A resolution commending the Kendrick High School football team and inviting the members of the team and their coach to appear before the House of Representatives.

HR 877. By Representatives Harris of the 96th, Culbreth of the 97th, Buck of the 95th, Moultrie of the 93rd, Taylor of the 94th and others:
A resolution commending the Kendrick High School marching band and inviting the members of the band and the band director to appear before the House of Representatives.

The following communication from the 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 who have registered in the Docket of Legislative Appearance as of February 14, 1992, in accordance with Georgia Law 1970, page 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 14th day of February, in the year of our Lord One Thousand Nine Hundred and Ninety-Two and of the Independence of the United States of America the Two Hundred and Sixteenth.

(SEAL)

/s/ Max Cleland Secretary of State

John B. Adams (1494) 2022 15th Avenue Columbus, GA 31901 Georgia Supporters for
the Gifted The Bradley Center, Inc.

Jacqueline Azar (1524) 489 Cameron St. SE Atlanta, GA 30312 Ga. Association of Educators Concerned Women for America Moral Concerns Ga. Right to Life

956

JOURNAL OF THE HOUSE,

Retty Bowen (1492) 1687 Tullie Circle, N.E. Suite 110 Marietta, GA 30329 Retarded Citizens - Atlanta
Barry Britt (1490) 2635 Century Pkwy Suite 1025 Atlanta, GA 30359 Marvin F. Poer & Company National Property
Tax Consultants
Robert 0. Dock (1516) 6065 Roswell Road, N.E. Suite 1414 Atlanta, GA 30328 The Dock Companies
Terry Ellington (1503) P.O. Box 1612 Snellville, GA 30278 PRSG-Private Rehab. Suppliers
of Ga.
William E. Graham (1491) 1304 Rockbridge Road Stone Mountain, GA 30087 The Stallings Group
Andrew Henry Griffin, Jr. (1526) 3951 Snapfinger Parkway Decatur, GA 30035 Georgia Association of
Educators (GAE)
Larry M. Griggers (1523) 405 Trinity - Washington Bldg. Atlanta, GA 30334 Department of Revenue
Patrick Head (1511) 177 Washington Avenue Marietta, GA 30060 Solicitor's Association of Ga. Metro Solicitor's Association
Tom Hortman (1501) P. 0. Box 143 Roberta, GA 31078 Denturist Association of Ga.
W.T. (Tommy) Hortman (1500) P. 0. Box 741 Roberta, GA 31078 Denturist Association of Georgia
Lydia S. Jackson (1497) 10 Park Place Suite 410 Atlanta, GA 30303 Children & Youth
Coordinating Council

Bebe Joyner (1502) 1263 Courtney Lane Clarkston, GA 30021 Ga. Parent Teacher Association Ga. League of Women Voters
Johnnie M. Keith (1508) 110 Hilliard St., S.E. #408 Atlanta, GA 30312 Disability Activists Rally
for Equality
Gordon Kenna (1522) 1090 Northchase Parkway Marietta, GA 30067 Cemtech Limited Partnership Chemical Waste Management, Inc. Waste Management of
North America, Inc. Information Pipelines, Inc.
Frank Maxwell (1514) 2387 Samia Drive Duluth, GA 30136 Communications Workers
Local 3263
Ileana S. McCaigue (1517) 5505 Peachtree-Dunwoody Road
Suite 660 Atlanta, GA 30342 Rainbow Rehab Center of Ga. Ga. Occupational Therapy
Association, Inc. Private Rehab Suppliers of Ga.
Anne Gray McClamry (1520) 815 Cumberland Road, N.E. Atlanta, GA 30306 The Junior League of
Atlanta, Inc.
Marie R. Metze (1515) 3259 Cascade Rd., S.W. Atlanta, GA 30311 NAACP - Atlanta Branch
Political Action Committee
John M. Michael (1506) 154 Locust Street N.E. Atlanta, GA 30317-1011 Native American Land
Struggles Coalition
Gayle Miller (1496) 95 Cat Cay Court Dunwoody, GA 30350 Sierra Club, Georgia Chapter

FRIDAY, FEBRUARY 14, 1992

957

Peggy Parham (1498) 3951 Snapfinger Parkway Decatur, GA 30035 Georgia Association
of Educators
Timmons Rankin (1512) 1456 Stratfield Circle Atlanta, GA 30319 Bob Short and Associates
George C. Reid (1495) 1200 Harris Tower 233 Peachtree Street Atlanta, GA 30303 State Ethics Commission
Marchant N. Roach (1518) Emory University
Administration Building Atlanta, GA 30322 Emory University
Les Schneider (1504) 1230 Peachtree Street Suite 3800 Promenade Two Atlanta, GA 30305 Ga. Amusement & Music
Operators Association, Inc. Milliken & Company Thompson & Hutson
Alita Tonette Shirland (1521) 350 Spelman Lane Box 920 Atlanta, GA 30314 Spelman College Representative Mable Thomas
J. D. Smith (1507) Hall County Courthouse P.O. Box 46 Gainesville, GA 30503 Superior Courts,
Northeastern Judicial Circuit

G. Leighton Stradtman (1519) 1275 Peachtree Street, N.E. Suite 700 Atlanta, GA 30309 American International Group CHD Public Relations Eli Lilly & Co. Financial Life Insurance Company Georgia Motor
Vehicle Pawnbrokers Health Insurance Association
of America MAG Mutual Insurance Company Primerica Corporation Voyager Group, Inc. Atlanta Staff, Inc. Unum Life Insurance Company
of America
Charles Tidwell (1527) 510 East Ponce De Leon Avenue Decatur, GA 30030 General Motors Corporation
Rudy Underwood (1510) 3002 Windward Drive Kennesaw, GA 30144 Cohn & Wolfe Georgia Green
Industry Association The Surety Group Knapp, Inc. Enviromental and
Infrastructure Consultants
Thomas D. Watry (1509) 133 Carnegie Way Suite 1200 Atlanta, GA 30324 Saint Joseph's Hospital
of Atlanta, Inc. Parker, Hudson, Rainer & Dobbs
Delia Wager Wells (1505) 999 Peachtree Street, NE Suite 1400 Atlanta, GA 30309-3999 Municipal Electric
Glenda Whisenant (1499) 115 Hollywood Drive Dalton, GA 30721 Denturist Association of Ga.
Robert P. Williams, II (1513) 1400 Candler Bldg.
127 Peachtree Street Atlanta, GA 30303-1810 Troutman Sanders Pactel Paging

958

JOURNAL OF THE HOUSE,

Pursuant to SR 476, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 17, 1992.

MONDAY, FEBRUARY 17, 1992

959

Representative Hall, Atlanta, Georgia Monday, February 17, 1992

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 Ashe Atkins
Baker
Balkcom
Barfoot Bargeron Barnett.B Bates Beatty
Birdsong
Blitch
Bordeaux Bostick Branch Breedlove
Brown
Brush
BBuucckkner By* CCaamntpybell
Carrell Chafin Chambless
Cheeks Childers

Clark.E Clark.L Coker Coleman
Colwell
Connell
Culbreth Cummings.B Cummings,M Davis.D Dixon.H
Dixon,S
Dobbs
Dover Elliott Felton Fennel
Floyd.J.M
Floyd,J.W
GSo0?ld]e*n6 G re e uGnroitoivner
Hammond Harris.B Harris.J
Heard Henson

Herbert Holland Holmes Howard
Hudson
Irwin
Jackson Jamieson Jenkins Jones Kilgore
King
Klein
Ladd Lane.D Lane.R Langford
Lawrence
Lawson
LL ee Lord ,L"cas
Mann Martin McBee
McCoy McKinney,B

McKinney.C Meadows Merritt Milam
Mills
Mobley
Moody Morsberger Moultrie Mueller Oliver,M
Orr
Parham
Parrish Pelote Pettit Pinholster
Poag
Porter
Pporewse, ll.C Purcell rR andjalul
Reaves Redding Ricketson
Royal Selman

Sherrill Sinkfield Skipper Smith,L
Smith,?
Smith.W
Stancil.S Stanley Street Taylor Teper
Titus
Tolbert
Townsend Twiggs . Valenti Vaughan
WalkerJ
Wall
WWaattstson White 1W*7i-duer
Wilhams.B Wilhams,J Williams.R
Yeargin Murphy,Spkr

The following members were off the floor of the House when the roll was called:
Representatives Poston of the 2nd, Goodwin of the 63rd, Walker of the 115th, Ray of the 98th, Powell of the 13th, McKelvey of the 15th, Kingston of the 125th, Cauthorn of the 20th, Hamilton of the 124th, Perry of the 5th, Carter of the 146th, Aiken of the 21st, Hanner of the 131st, Simpson of the 70th, Padgett of the 86th, Edwards of the 112th, Barnett of the 59th, Davis of the 45th, Thomas of the 31st, Thomas of the 55th, Brooks of the 34th, Dunn of the 73rd, Snow of the 1st, Patten of the 149th, Orrock of the 30th, Turnquest of the 56th, Davis of the 29th and Flynt of the 75th.
They wish to be recorded as present.

Prayer was offered by Rabbi Arnold M. Goodman, Ahavath Achiem Synagogue, Atlanta, Georgia.

The members pledged allegiance to the flag.

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.

960

JOURNAL OF THE HOUSE,

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1703. By Representatives Elliott of the 103rd, Aiken of the 21st, Hamilton of the 124th, Clark of the 20th, Heard of the 43rd and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that no local school system shall use course materials or provide or allow any instruction which advocates or condones activities proscribed by state law.
Referred to the Committee on Education.

HB 1704. By Representatives Childers of the 15th and McKelvey of the 15th:
A bill to provide a homestead exemption from Floyd County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of that homestead for certain residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1705. By Representatives Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the amount of the exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1706. By Representative Randall of the 101st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to the surrender of principal by surety when the court is in session; to change the provisions relating to when bond forfeiture occurs.
Referred to the Committee on Special Judiciary.

MONDAY, FEBRUARY 17, 1992

961

HB 1707. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to create a public body corporate and politic and an instrumentality of the County of Rabun, to be known as the Rabun County Economic Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1708. By Representatives Floyd of the 154th and Purcell of the 129th:
A bill to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to the authorization by counties or municipalities of the issuance of licenses for the sale of distilled spirits by the drink, so as to change a certain provision relating to the issuance of such licenses in counties having a certain population.
Referred to the Committee on Regulated Beverages.

HB 1709. By Representatives Kingston of the 125th and Dunn of the 73rd:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to authorize the approval of workers' compensation health benefits pilot projects.
Referred to the Committee on Industrial Relations.

HB 1711. By Representatives Pinholster of the 8th, Pettit of the 19th, Hammond of the 20th, Barnett of the 10th and Stancil of the 8th:
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 licensed physicians performing physicals to student athletes or serving as team doctors on a volunteer basis shall be immune from civil liability.
Referred to the Committee on Judiciary.

HB 1712. By Representative Martin of the 26th:
A bill to amend an Act establishing a municipal court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1713. By Representative Orrock of the 30th:
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 restrictive covenants shall not control, regulate, or restrict the installation of antennae by certain amateur radio operators.
Referred to the Committee on Special Judiciary.

HB 1714. By Representative Cauthorn of the 20th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to prohibit the issuance of any professional liability insurance policy which excludes or limits liability coverage for sexual misconduct between a psychotherapist and a client or patient.
Referred to the Committee on Insurance.

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JOURNAL OF THE HOUSE,

HB 1715. By Representative Cauthorn of the 20th:
A bill to amend Code Section 17-7-170 of the Official Code of Georgia Annotated, relating to demand for trial, so as to require service of a demand for trial upon the assigned judge.
Referred to the Committee on Judiciary.

HB 1716. By Representative Cauthorn of the 20th:
A bill to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of limitations of actions, so as to provide for the tolling of the statute of limitations for actions arising out of or incident to sexual misconduct of psychotherapists.
Referred to the Committee on Judiciary.

HB 1717. By Representative Cauthorn of the 20th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition of county boards of health, so as to provide that an eighth ex officio member for a county board of health shall be appointed in certain circumstances.
Referred to the Committee on Health & Ecology.

HB 1718. By Representative Lane of the 27th:
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 require any person licensed under Title 43 to provide evidence of such licensure before any county or municipal corporation issues a business license to that person.
Referred to the Committee on State Planning & Community Affairs.

HB 1719. By Representative Mobley of the 64th:
A bill to amend an Act re-creating and establishing a Board of Commissioners of Barrrow County, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1720. By Representative Smith of the 156th: A bill to provide for a board of elections for Mclntosh County.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 872. By Representatives Clark of the 20th and Mann of the 6th:
A resolution proposing an amendment to the Constitution so as to provide that the members of the General Assembly shall be elected for a term of four years; to provide that beginning on or after January 1, 1993, no Senator shall serve more than three consecutive terms in the Senate and no Representative shall serve more than three consecutive terms in the House of Representatives.
Referred to the Committee on Rules.

MONDAY, FEBRUARY 17, 1992

963

HR 873. By Representatives Brush of the 83rd, Kingston of the 125th, Dunn of the 73rd, Snow of the 1st, Mann of the 6th and others:
A resolution proposing an amendment to the Constitution so as to provide that no bill mandating action by a local government or authority shall be passed unless funding is provided to carry out the purposes of the bill.
Referred to the Committee on Appropriations.

HR 874. By Representatives Mann of the 6th, Poag of the 3rd and Griffin of the 6th:
A resolution recognizing Rear Admiral Mack C. Gaston, USN, and designating the Admiral Mack Gaston Parkway.
Referred to the Committee on Transportation.

HR 875. By Representatives Mann of the 6th, Poag of the 3rd and Griffin of the 6th:
A resolution recognizing Lieutenant Colonel Thomas Vance Parrott, USAF, and designating the Colonel Tom Parrott Parkway.
Referred to the Committee on Transportation.

HR 878. By Representative Carrell of the 65th: A resolution compensating Mr. Ricky Lee Boynton.
Referred to the Committee on Appropriations.

HR 879. By Representative Murphy of the 18th: A resolution compensating Sandra K. Davis.
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 1680 HB 1681 HB 1682 HB 1683 HB 1684 HB 1685 HB 1686 HB 1687
fiD looo
HHBB 11668990
HB 1691
HHBB 11669923 HB 1694 HB 1695 HB 1696 HB 1697 HB 1698 HB 1699

HB 1700
HB 1701 HB 1702 HB 1710
HR 864 SB 493
SB 505 CD ci a

QO

coi

^I*" 5I*7}8.

SB Jg
^ 59d SB 596 SB 601 SB 609 SB 613 SB 618 SR 426

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

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JOURNAL OF THE HOUSE,

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 1265 Do Pass, by Substitute SB 519 Do Pass SB 520 Do Pass
Respectfully submitted, kl Reaves of the 147th
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 1312 Do Pass, as Amended
Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Lucas of the 102nd 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 1074 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 102nd
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1440 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
Chairman

MONDAY, FEBRUARY 17, 1992

965

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 277 Do Pass, by Substitute HB 1211 Do Pass, by Substitute HB 1270 Do Pass

HB 1420 Do Pass HB 1181 Do Pass, by Substitute

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 1631 Do Pass HB 1651 Do Pass HB 1659 Do Pass HB 1662 Do Pass

SB 343 Do Pass SB 570 Do Pass, by Substitute SB 575 Do Pass SB 576 Do Pass

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

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

HB 1631. By Representative Poag of the 3rd: A bill to provide a new charter for the City of Varnell.

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

HB 1651.

By Representatives Bates of the 141st, Long of the 142nd, Titus of the 143rd, Purcell of the 129th and Royal of the 144th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs for judges of the probate courts, so as to repeal subsections providing for a different schedule of costs for judges of the probate courts in counties having a population of not less than 25,400 nor more than 25,900, and in counties having a population of not less than 38,000 nor more than 38,200 according to the United States decennial census of 1980 or any future such census.

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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 1659.

By Representative Parrish of the 109th:
A bill to amend an Act providing for the election of members to the Emanuel County Board of Education, so as to change the method of filling vacancies on the board.

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

HB 1662.

By Representative Skipper of the 116th:
A bill to create a public body corporate and politic, and an instrumentality of the County of Sumter, to be known as the Sumter County Livestock Authority.

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

SB 343. By Senator Kidd of the 25th:
A bill to provide for the compensation of the judge and solicitor of the State Court of Putnam County; to provide for the compensation of the administrative and clerical assistants in such court; to provide for the inclusion of the judge and solicitor in the group health insurance plan and pension system provided by Putnam County for county officers and employees.

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

SB 570. By Senator Hasty of the 51st:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," as amended, so as to change the provisions relating to the number and time of regularly scheduled meetings.

The following Committee substitute was read and adopted:

A BILL
To amend an Act known as the "Cherokee County Water and Sewerage Authority Act," approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, particularly by an Act

MONDAY, FEBRUARY 17, 1992

967

approved April 4, 1991 (Ga. L. 1991, p. 4670), so as to change the provisions relating to the number and time of regularly scheduled meetings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Cherokee County Water and Sewerage Authority Act," approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4670), is amended by striking in its entirety Section 2A and inserting in lieu thereof a new Section 2A to read as follows:
"Section 2A. (a) The Authority shall conduct at least one regularly scheduled meeting per month. The times for such meetings shall alternate between daylight hours and evening hours.
(b) The Authority shall conduct itself according to standards at least as strict as those specified by the Board of Ethics of Cherokee County.
(c) The Authority shall make an annual written report at the end of its fiscal year to the May term of the grand jury.
(d) The Authority shall send a copy of the minutes of every meeting of the Authority to each member of the Planning and Zoning Board of Cherokee County."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

SB 575. By Senator Ramsey of the 54th:
A bill to amend an Act placing the coroner of Murray County on an annual salary, as amended, so as to change provisions relating to the compensation of the deputy coroner; to provide an effective date.

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

SB 576. By Senator Ramsey of the 54th:
A bill providing for the appointment of the School Superintendent of Murray County by the Board of Education of Murray County; to provide for a referendum.

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

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

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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 92. By Senators Tate of the 38th, Bishop of the 15th and Hill of the 4th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to eligibility for retirement allowances; to change the provisions relating to retirement allowances; to provide for an effective date and for automatic repeal.

SB 537. By Senators Newbill of the 56th, Foster of the 50th, Deal of the 49th and others:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds under the Quality Basic Education Program, so as to change the manner of calculating the local fair share of county and independent school systems.

SB 594. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to proof in general, so as to provide for blood samples for DNA analysis upon conviction of certain sex offenses; to provide the procedures for the withdrawal of blood samples; to provide the procedures for conducting DNA analysis of blood samples; to provide for a DNA data bank exchange system; to provide the penalties for any unauthorized uses of the DNA data bank and forensic samples.

SB 629. By Senators Pollard of the 24th, Robinson of the 16th, Walker of the 22nd 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 revise extensively the provisions of said chapter; to revise definitions; to provide for statutory construction; to provide for subrogation and liens relative thereto; to revise grounds for denial of workers' compensation benefits; to provide statutory presumptions relative to injuries due to intoxication; to provide for legislative intent.

SB 659. By Senator Baldwin of the 29th:
A bill to amend an Act creating a Board of Commissioners for Troup County, as amended, so as to provide new commissioner districts; to provide for definitions and insertions; to provide for the continuation in office of commissioners currently serving and for the election of successors; to provide for submission of this Act to the United States Attorney General for approval.

SB 661. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act entitled "An Act to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences," so as to increase the amount of such exemption; to provide for a referendum.

MONDAY, FEBRUARY 17, 1992

969

SB 662. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, as amended, so as to change the county supplement to the state salary of said judges; to provide an effective date.

SB 663. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, as amended, so as to change the amount of said supplement; to provide an effective date.

SB 667. By Senator Steinberg of the 42nd:
A bill to provide that each resident of the DeKalb County School District who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County School District ad valorem taxes, including taxes to retire bonded indebtedness.

SB 668. By Senator Steinberg of the 42nd:
A bill to provide that each resident of DeKalb County who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County ad valorem taxes, including taxes to retire bonded indebtedness but excluding county school district taxes.

SB 673. By Senator Thompson of the 33rd:
A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to clarify the provisions of the city charter relating to the election of the two at-large city council positions.

HB 1352.

By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act providing for and describing boundaries for the districts for the Board of Education of the Hall County School District, so as to modify the description of the education districts to reflect the 1990 census figures.

HB 1354.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing for the election of the members of the Board of Education of Henry County from districts, so as to reapportion the districts from which members of the Board of Education of Henry County are elected.

HB 1355.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing a new Board of Commissioners of Henry County, so as to reapportion commissioner districts for the election of members of the board of commissioners.

970

JOURNAL OF THE HOUSE,

HB 1370.

By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, so as to provide for commissioner districts and posts.

HB 1379.

By Representative Purcell of the 129th:
A bill to amend an Act which reconstitutes the board of education of Effingham County School District, so as to provide for the election and terms of office of the members of the board; to reapportion the education districts.

HB 1381.

By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act providing for the election of members of the Board of Education of Bryan County, so as to reapportion the education districts and posts.

HB 1382.

By Representative Purcell of the 129th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to reapportion the commissioner districts.

HB 1454.

By Representatives Groover of the 99th, Pinkston of the 100th, Lucas of the 102nd, Elliott of the 103rd and Randall of the 101st:
A bill to amend an Act establishing a board of commissioners of Bibb County, so as to change the provisions relating to commissioner districts.

HB 1456.

By Representative Oliver of the 121st:
A bill to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to reapportion the Education Districts.

HB 1457.

By Representative Oliver of the 121st:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Evans County, so as to reapportion the election districts for members of the board of commissioners.

HB 1467. By Representative Mobley of the 64th: A bill to provide a new charter for the Town of Carl.

HB 1499. By Representative Smith of the 78th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change provisions relating to the removal of the city administrator and relating to the acting city administrator; to change provisions relating to council interference with administration.

HB 1506. By Representatives Purcell of the 129th and Floyd of the 154th: A bill to provide a new charter for the City of Riceboro.

MONDAY, FEBRUARY 17, 1992

971

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

SB 92. By Senators Tate of the 38th, Bishop of the 15th and Hill of the 4th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to eligibility for retirement allowances; to change the provisions relating to retirement allowances; to provide for an effective date and for automatic repeal.
Referred to the Committee on Retirement.

SB 537. By Senators Newbill of the 56th, Foster of the 50th, Deal of the 49th and others:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds under the Quality Basic Education Program, so as to change the manner of calculating the local fair share of county and independent school systems.
Referred to the Committee on Education.

SB 594. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to proof in general, so as to provide for blood samples for DNA analysis upon conviction of certain sex offenses; to provide the procedures for the withdrawal of blood samples; to provide the procedures for conducting DNA analysis of blood samples; to provide for a DNA data bank exchange system; to provide the penalties for any unauthorized uses of the DNA data bank and forensic samples.
Referred to the Committee on Health & Ecology.

SB 629. By Senators Pollard of the 24th, Robinson of the 16th, Walker of the 22nd 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 revise extensively the provisions of said chapter; to revise definitions; to provide for statutory construction; to provide for subrogation and liens relative thereto; to revise grounds for denial of workers' compensation benefits; to provide statutory presumptions relative to injuries due to intoxication; to provide for legislative intent.
Referred to the Committee on Industrial Relations.

SB 659. By Senator Baldwin of the 29th:
A bill to amend an Act creating a Board of Commissioners for Troup County, as amended, so as to provide new commissioner districts; to provide for definitions and insertions; to provide for the continuation in office of commissioners currently serving and for the election of successors; to provide for submission of this Act to the United States Attorney General for approval.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

SB 661. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act entitled "An Act to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences," so as to increase the amount of such exemption; to provide for a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 662. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, as amended, so as to change the county supplement to the state salary of said judges; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 663. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, as amended, so as to change the amount of said supplement; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 667. By Senator Steinberg of the 42nd:
A bill to provide that each resident of the DeKalb County School District who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County School District ad valorem taxes, including taxes to retire bonded indebtedness.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 668. By Senator Steinberg of the 42nd:
A bill to provide that each resident of DeKalb County who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County ad valorem taxes, including taxes to retire bonded indebtedness but excluding county school district taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 673. By Senator Thompson of the 33rd:
A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to clarify the provisions of the city charter relating to the election of the two at-large city council positions.
Referred to the Committee on State Planning & Community Affairs - Local.

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

MONDAY, FEBRUARY 17, 1992

973

HB 888. By Representatives Holland of the 136th, Coleman of the 118th, Lane of the 27th, Walker of the 115th, Manner of the 131st and others:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to make certain provisions relating to the use of certain parts in repairing damaged automobiles.

The following Committee substitute was read:

A BILL
To amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair and deceptive acts or practices, so as to define a certain term; to provide that any insurer using certain crash parts to settle a claim shall make certain disclosures; to provide that any insurer which fails to make such disclosure may use only original repair parts; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that no insurer shall represent to any person that failure to use a particular repair facility will result in the nonpayment of a claim; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair and deceptive acts or practices, is amended by striking in its entirety paragraph (13) and inserting in lieu thereof the following:
"(13) (A) As used in this paragraph, the term: (i) 'Aftermarket crash part' means a replacement for any of the nonmechanical
sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.
(ii) 'Insurer' includes an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person's authority.
(iii) 'Nonoriginal equipment manufacturer aftermarket crash part' means an aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or his supplier.
(iv) 'Original equipment manufacturer aftermarket crash part' means an aftermarket crash part made by the original vehicle manufacturer or his supplier.
iff} (v) 'Repair facility' means a motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle. (B) Any aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1000 1992, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. Such manufacturer's logo, identification number, or name shall be visible after installation whenever practicable; provided, however, that this subparagraph shall not apply to used parts. (C) Each insurer who uses nonoriginal equipment manufacturer aftermarket crash parts to settle a claim under motor vehicle insurance policies shall provide to its insureds, as part of the terms of each motor vehicle insurance policy, a specific section or, at the discretion of the Commissioner, a notice attached to the policy in no smaller than ten-point type containing the following information:
'NOTICE: IN SOME INSTANCES THIS INSURANCE COMPANY MIGHT USE AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE TO PREPARE ESTIMATES AND ATTEMPT TO SETTLE CLAIMS UNDER THIS MOTOR VEHICLE INSURANCE POLICY. THESE AFTERMARKET CRASH PARTS ARE NOT WARRANTED BY THE MANUFACTURER OF YOUR MOTOR

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JOURNAL OF THE HOUSE,

VEHICLE AND MAY OR MAY NOT BE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS.' { ) (D) In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs the written estimate prepared by or on behalf of the insurance adjuster insurer and or repair facility shall clearly identify each such part. A disclosure document attached to the estimate shall contain the following information in no smaller than ten-point type: 'THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF
AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE THESE
AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE NOT WARRANTED BY THE MANUFACTURER OF YOUR VEHICLE AND MAY OR MAY NOT BE WARRANTED BY THE MANUFAC-
TURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANU-
FACTURER OF YOUR VEHICLE.' (E) Each insurer which fails to make the disclosures required by subparagraphs (C) and (D) of this paragraph shall use only original equipment manufacturer aftermarket crash parts to both prepare estimates for repairs and to settle claims under motor vehicle insurance policies."
Section 2. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking in its entirety Code Section 33-34-6, relating to the selection of motor vehicle repair facilities, which reads as follows:
"33-34-6. (a) No insurer issuing motor vehicle liability or collision insurance policies in this state shall require a person making a claim against an insured under one of such policies to utilize a particular person, firm, or corporation to repair a motor vehicle in order to settle a property damage liability or collision claim, if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source.
(b) This Code section shall be applicable to all motor vehicle liability policies issued in this state after October 1, 1991.", and inserting in lieu thereof the following:
"33-34-6. (a) Subject to the provisions of subsection (b) of this Code section, no insurer shall represent to a person making a claim under a motor vehicle insurance policy that the use of or the failure to use a particular repair facility or particular repair facilities may result in the nonpayment of a claim.
(b) No insurer shall require a person making a claim under a motor vehicle insurance policy to use a particular repair facility or particular repair facilities in order to settle a claim if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source.
(c) Nothing contained in this Code section shall affect the rights of any insurer or insured pursuant to the provisions of the policy of insurance."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Groover of the 99th and Holland of the 136th move to amend the Committee substitute to HB 888 as follows:
By adding after "policies" on line 6 page 4:
"; provided, however, the notice required by subparagraph (c) of this paragraph which is not contained in a policy form in existence on the effective date of this Act may be given at the next renewal of said policy on an attachment form approved by the commissioner".

MONDAY, FEBRUARY 17, 1992

975

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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck
Buckner YByrd Y Campbell Y Canty
Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D
Davis.G N Davis.M
Dixon.H Dixon.S Dobbs Dover Dunn Y Edwards Y Elliott
Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W
Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond
Y Hanner Y Harris.B Y Harris.J

Heard
Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas N Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney.B Y McKinney.C N Meadows
Merritt
Milam

Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller E Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston NPoag
Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman
Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder
Y Williams.B Y Williams.J
Williams.R Y Yeargin
Murphy .Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 142, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Buckner of the 72nd 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 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 1241.

By Representatives Birdsong of the 104th, Lane of the lllth, Carter of the 146th, Holland of the 136th, Hudson of the 117th and others:
A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally, so as to provide for the transfer of ownership and to provide for payment for agricultural products under certain conditions.

The following substitute, offered by Representative Birdsong of the 104th was read and adopted:

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JOURNAL OF THE HOUSE,

A BILL
To amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally, so as to provide for the transfer of ownership and to provide for payment for agricultural products under certain conditions; to provide for inspections and certificates; to provide for other matters relating thereto; 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 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally, is amended by adding, following Code Section 2-9-11, a new Code Section 2-9-11.1 to read as follows:
"2-9-11.1. In the absence of a written contract between the producer and a dealer in agricultural products to the contrary, any agricultural product which is harvested by a dealer, an agent or employee of a dealer, or an independent contractor retained by a dealer or which is delivered to a dealer or an agent or employee thereof on the farm or at a facility of the dealer shall become the property of the dealer at the time of delivery and the dealer shall become obligated to pay the agreed upon price therefor unless such agricultural product is inspected and a certificate stating that the agricultural product is in a spoiled, damaged, or unmarketable condition is issued by an inspector pursuant to Code Section 2-9-11 within 48 hours of delivery of the agricultural product to the dealer."
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 Abernathy
Y Adams V Aiken Y Alford
Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot
Bargeron Y Barnett.B
Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush
Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Y Fennel Y Floyd.J.M Y Floyd,J.W
Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris.J

Heard Y Henson Y Herbert Y Holland Y Holmes
Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller E Oliver.C
Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley
Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R
Yeargin Murphy.Spkr

MONDAY, FEBRUARY 17, 1992

977

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.

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

HB 408. By Representatives Martin of the 26th, Parham of the 105th, Ware of the 77th, Holmes of the 28th, Porter of the 119th and others:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to permit psychologists to perform certain acts which physicians may perform in the examination, evaluation, admission, treatment, habilitation, detention, and discharge of and other functions relating to mentally ill, mentally retarded, and alcoholic and drug dependent persons; to provide patients and clients with the ability to secure the services of a private psychologist.

The following Senate substitute was read:

A BILL
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to permit psychologists to perform certain acts which physicians may perform in the examination, evaluation, admission, treatment, habilitation, detention, and discharge of and other functions relating to mentally ill, mentally retarded, and alcoholic and drug dependent persons; to change the provisions regarding discharge of patients; to change certain provisions relating to emergency treatment; to provide patients and clients with the ability to secure the services of a private psychologist; to change the composition and quorum requirements of certain committees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking paragraph (14.1) of Code Section 37-3-1, relating to definitions of terms relating to examination and treatment of mental illness, and inserting in lieu thereof a new paragraph (14.1) to read as follows:
"(14.1) 'Psychologist' means any pei-sen authorized under the ktws ef- th state te practice as a licensed psychologist as st forth in paragraph (3) ef Code 8ection 43-39-1 who meets the criteria of training and experience as a health service provider psychologist as provided in Code Section 31-7-162."
Section 2. Said title is further amended by striking subsection (a) of Code Section 37-3-21, relating to discharge of voluntary patients upon recovery, and inserting in its place a new subsection (a) to read as follows:
"(a) The chief medical officer of the facility shall discharge any voluntary patient who has recovered from his mental illness or who has sufficiently improved that the chief medical officer determines, after consideration of the recommendations of the treatment team, that hospitalization of the patient is no longer necessary, provided that in no event shall any such patient be so discharged if, in the judgment of the chief medical officer of such facility, such discharge would be unsafe for the patient or others. The chief medical officer may designate in writing another a physician or psychologist, who may be the attending physician or treating psychologist, to make these discharge decisions. If the decision of the designee is contrary to the recommendations of the treatment team or of a physician or psychologist member of the treatment team, the issue must go to the chief medical officer for final determination. Where the treatment team and th designce concur there is concurrence, the decision of the designee will be final."

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JOURNAL OF THE HOUSE,

Section 3. Said title is further amended by striking Code Section 37-3-43, relating to admission procedures for emergency receiving facilities, and inserting in its place a new Code section to read as follows:
"37-3-43. (a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be discharged within 48 hours of his admission unless:
(1) T-fee An examining physician or psychologist concludes that there is reason to believe that the patient may be a mentally ill person requiring involuntary treatment and executes a certificate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-3-95 shall apply. Nothing in this chapter shall be construed to prohibit a physician or psychologist who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for in this chapter for the same or any other patient.
(b) Within 24 hours of the execution of the physician's certificate under paragraph (1) of subsection (a) of this Code section, the patient shall be transported, as provided in Code Section 37-3-101, to an evaluating facility where he shall be received pursuant to Code Section 37-3-63 unless the patient has been determined and certified to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, in which event the patient shall be discharged under the conditions provided in Code Section 37-3-91, except that if the patient is under criminal charges, notice of which has been given in writing to the facility, the provisions of Code Section 37-3-95 shall apply.
(c) Notice of any proposed discharge shall be given to the patient and his representatives; if the patient was admitted to the facility under subsection (a) of Code Section 37-3-41, to the physician or psychologist who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-3-41, to the court which issued the order; and, if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient."
Section 4. Said title is further amended by striking Code Section 37-3-64, relating to length of period of detention in evaluating facility, and inserting in its place a new Code section to read as follows:
"37-3-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-3-43, 37-3-63, or subparagraph (a)(3)(B) of Code Section 37-3-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not a mentally ill person requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, in which event a patient meeting those outpatient treatment requirements shall be discharged under the conditions provided in Code Section 37-3-91 but, in any event, upon the expiration of the five-day evaluation period unless:
(1) Within that period: (A) The patient is admitted as a voluntary patient under Code Section 37-3-20;
or
(B) The patient is admitted for involuntary inpatient treatment under Code Section 37-3-81; or (2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-3-95 shall apply, (b) If hospitalization appears desirable, the staff physicians or psychologists of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician or treating psychologist finds that the patient is unable to understand the nature of voluntary hospitalization, that voluntary hospitalization would be harmful to the patient, or that the patient is determined to be a mentally ill

MONDAY, FEBRUARY 17, 1992

979

person in need of involuntary treatment, which finding shall be entered in the patient's record.
(c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-3-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized service plan be developed for that patient during the five-day period that he is detained for evaluation in the facility.
(d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-3-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-3-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-3-62, to the court that ordered the evaluation."
Section 5. Said title is further amended by striking Code section 37-3-65, relating to request for transfer to another evaluating facility, and inserting in its place a new Code section to read as follows:
"37-3-65. Any patient admitted to an evaluating facility may apply to the chief medical officer of that facility for transfer at his own expense to any other approved evaluating facility. If the evaluating facility to which transfer is requested agrees to admit the patient, and if the patient is able to pay for evaluation at such facility, he shall be transferred forthwith. In such case, Code Section 37-3-64 shall apply; and the time periods specified shall be counted from the date of admission to the evaluating facility to which the patient is transferred. Notice of the transfer shall be given: to the patient's representatives; to the person who filed the original petition, if any; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-3-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-3-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-3-62, to the court that ordered the evaluation."
Section 6. Said title is further amended by striking subsection (a) of Code Section 37-3-81, relating to the procedure for the detention of mentally ill patients beyond the evaluation period, and inserting in its place a new subsection to read as follows:
"(a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(l)(A) of Code Section 37-3-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is supported by the opinions of two physicians or a physician and a psychologist who have personally examined the patient within the preceding five days and who agree that the patient is a mentally ill person requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90. Such recommendation of the chief medical officer and the opinions of the physicians or physician and psychologist shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or psychologist or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-3-63. Such filing shall authorize detention of the patient by the facility pending completion of a full and fair hearing under this Code section.

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Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:
(1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel; (3) A copy of the individualized service plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the service plan is sent to the patient; (4) A notice that the patient has a right to be examined by a physician or psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of paragraph (9) of Code Section 37-3-1; and (5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section."
Section 7. Said title is further amended by striking subsection (b) of Code Section 37-3-82, relating to procedure upon failure of or noncompliance with involuntary outpatient treatment plan, and inserting in its place a new subsection (b) to read as follows:
"(b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the patient fails without good cause or refuses to comply with the outpatient service plan, the physician or psychologist in charge of the outpatient service plan or that physician's or psychologist's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient service plan, if a physician or psychologist is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining physician or psychologist concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. The physician or a psychologist may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-3-41, if the examination is done in a community mental health center; or - A physician may execute a certificate under the conditions specified therefor in Code Section 37-3-43, if the examination is done in an emergency receiving facility. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41 or Code Section 37-3-43, as applicable."
Section 8. Said title is further amended by striking subsections (a) and (b) of Code Section 37-3-90, relating to physician's determination and certification as to involuntary outpatient care, and inserting in their respective places new subsections to read as follows:
"(a) When a physician or psychologist at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is a mentally ill person requiring involuntary treatment, that physician or psychologist shall further determine and certify whether there is reason to believe the patient is:
(1) An inpatient or outpatient; and (2) If an outpatient, whether:

MONDAY, FEBRUARY 17, 1992

981

(A) There is available outpatient treatment; and (B) The patient will likely comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient. (b) Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is a mentally ill person requiring involuntary treatment, except that if such determination is made by a physician or psychologist at or on behalf of a community mental health center, the determination and certification shall be made within four hours after the patient is examined by the physician or psychologist."
Section 9. Said title is further amended by striking subsections (a) and (b) of Code Section 37-3-91, relating to discharge of persons meeting outpatient care criteria, and inserting in their places new subsections to read as follows:
"(a) A person who is in the physical custody of a community mental health center, emergency receiving facility, or evaluating facility and who is determined by a physician or a psychologist, at or on behalf of that facility, to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90 shall be discharged from that facility as provided in this Code section pending a full and fair hearing or waiver thereof under Code Section 37-3-92. That discharge from a community mental health center shall occur within four hours after the patient is examined by a physician or a psychologist at or on behalf of that center. That discharge from an emergency receiving facility shall occur within 48 hours after the patient's admission thereto. That discharge from an evaluating facility shall occur no later than the expiration of the five-day evaluation period established under Code Section 37-3-64.
(b) Prior to a psychologist's discharging the patient under subsection (a) of this Code section, the treating psychologist shall obtain the concurrence of a physician. In addition, bat within the time period the facility is authorized to retain the patient, the facility at which or on behalf of which the patient was examined, which facility shall be the 'referring facility' for purposes of this part, shall prepare an individualized service plan for the patient. This plan shall be prepared in consultation with the facility at which available outpatient treatment is to be provided the patient, which facility shall be the 'receiving facility' for purposes of this part. The referring facility shall also make arrangements with the receiving facility to provide interim outpatient treatment, in accordance with the individualized service plan, to the patient pending the full and fair hearing or waiver thereof. Nothing in this Code section shall prevent a referring facility for a patient from also being the receiving facility for that patient."
Section 10. Said title is further amended by striking subsection (b) of Code Section 37-3-92, relating to hearings and notice, and inserting in its place a new subsection to read as follows:
"(b) If the patient is notified of the hearing as required under subsection (a) of this Code section and does not appear at or waive that hearing, absent a showing of good cause for not appearing, the court may issue an order commanding any peace officer to take such person into custody and deliver that person to an emergency receiving facility or the referring facility if there is a physician or psychologist available there^ and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to subsection (b) of Code Section 37-3-41."
Section 11. Said title is further amended by striking subsection (b) of Code Section 37-3-93, relating to court orders for outpatient treatment, and inserting in its place a new subsection to read as follows:
"(b) If it is necessary to continue available outpatient treatment beyond the period authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expiration of that period the physician or psychologist responsible for that treatment or the person responsible for the patient's treatment under the direction and with approval of the physician or psychologist shall:
(1) Update the patient's individualized service plan;

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(2) Prepare a report containing evidence that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90; and
(3) Petition the hearing examiners appointed to hold hearings under Code Section 37-3-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient. The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-3-83 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or the patient's representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel."
Section 12. Said title is further amended by striking Code Section 37-3-160, relating to respect for individual dignity of patients, and inserting in its place a new Code section to read as follows:
"37-3-160. The patient's dignity as an individual shall be respected at all times and upon all occasions, including any occasion wherein the patient is taken into custody, detained, or transported. Mentally ill patients or those suspected of being mentally ill shall, to the maximum extent reasonably possible, be treated at all times as medical patientsf ad their handling and treatment shall be under the supervision ef a physician . All patients shall be treated by a physician or psychologist acting within the scope of his or her license. Except where required under conditions of extreme urgency, those procedures, facilities, vehicles, and restraining devices normally utilized for criminals or those accused of crime shall not be used in connection with the mentally ill."
Section 13. Said title is further amended by striking subsection (b) of Code Section 37-3-162, relating to rights of patients to suitable treatment, and inserting in its place a new subsection (b) to read as follows:
"(b) Each patient shall have the right to participate in his care and treatment. The board shall issue regulations to ensure that each patient participates in his care and treatment to the maximum extent possible. Unless the disclosure to the patient is determined by the chief medical officer or the patient's treating physician or psychologist to be detrimental to the physical or mental health of the patient, and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the treatment recommendation, and to be fully informed concerning his medication, including its side effects and available treatment alternatives."
Section 14. Said title is further amended by striking subsection (a) of Code Section 37-4-40.2, relating to admission or discharge of mentally retarded persons in state facilities for temporary care, and inserting in its place a new subsection to read as follows:
"(a) A client taken to a facility pursuant to Code Section 37-4-40.1 shall be received there for examination by a physician as soon thereafter as possible and may be given such emergency care and treatment as indicated. The client must be discharged from that facility within 48 hours, Saturdays, Sundays, and holidays excluded, after being received into the physical custody of that facility unless the superintendent of that facility, or that superintendent's designee, admits the client to the facility and files a petition for a full and fair hearing with the court of the county in which the facility is located stating that the client has been personally examined by a physician or psychologist in conjunction with other interdisciplinary staff designated by the superintendent at the facility and found to be a mentally retarded person requiring temporary and immediate care, which finding shall be entered on a certificate accompanying the petition."
Section 15. Said title is further amended by striking paragraph (17.1) of Code Section 37-7-1, relating to definitions of terms relating to hospitalization and treatment of

MONDAY, FEBRUARY 17, 1992

983

alcoholics, drug dependent individuals, and drug abusers, and inserting in lieu thereof a new paragraph (17.1) to read as follows:
"(17.1) 'Psychologist' means any pcraon authorized under the laws ef- this state te practice as a licensed psychologist as set forth j paragraph {3} ef Code Section 43-30-1 who meets the criteria of training and experience as a health service provider psychologist as provided in Code Section 31-7-162."
Section 16. Said title is further amended by striking subsection (a) of Code Section 37-7-21, relating to discharge of voluntary patients upon recovery, and inserting in its place a new subsection to read as follows:
"(a) The chief medical officer of the facility shall discharge any voluntary patient who has recovered from his alcoholism, drug dependency, or drug abuse or who has sufficiently improved that the chief medical officer determines, after consideration of the recommendations of the treatment team, that hospitalization of the patient is no longer necessary, provided that in no event shall any such patient be so discharged if, in the judgment of the chief medical officer of such facility, such discharge would be unsafe for the patient or others. The chief medical officer may designate in writing another a physician or psychologist, who may be the attending physician or treating psychologist, to make these discharge decisions. If the decision of the designee is contrary to the recommendations of the treatment team or a physician or psychologist member of the treatment team, the issue must go to the chief medical officer for final determination. Where the treatment team and the dcsigncc concur there is concurrence, the decision of the designee will be final."
Section 17. Said title is further amended by striking Code Section 37-7-43, relating to admission procedures for emergency receiving facilities, and inserting in its place a new Code section to read as follows:
"37-7-43. (a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be discharged within 48 hours of his admission unless:
(1) :Fhe An examining physician or psychologist concludes that there is reason to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and executes a certificate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-7-95 shall apply. Nothing in this chapter shall be construed to prohibit a physician or psychologist who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for in this chapter for the same or any other patient. (b) Within 24 hours of the execution of the physician's certificate under paragraph (1) of subsection (a) of this Code section, the patient shall be transported, as provided in Code Section 37-7-101, to an evaluating facility where he shall be received pursuant to Code Section 37-7-63 unless the patient has been determined and certified to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, in which event the patient shall be discharged under the conditions provided in Code Section 37-7-91, except that if the patient is under criminal charges, notice of which has been given in writing to the facility, the provisions of Code Section 37-7-95 shall apply. (c) Notice of any proposed discharge shall be given to the patient and his representatives; if the patient was admitted to the facility under subsection (a) of Code Section 37-7-41, to the physician or psychologist who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-7-41, to the court which issued the order; and if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient."

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JOURNAL OF THE HOUSE,

Section 18. Said title is further amended by striking Code Section 37-7-64, relating to length of period of detention in evaluating facility, and inserting in its place a new Code section to read as follows:
"37-7-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-7-43, 37-7-63, or subparagraph (a)(3)(B) of Code Section 37-7-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not an alcoholic, a drug dependent person, or a drug abuser requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, in which event a patient meeting those outpatient treatment requirements shall be discharged under the conditions provided in Code Section 37-7-91 but, in any event, upon the expiration of the five-day evaluation period unless:
(1) Within that period: (A) The patient is admitted as a voluntary patient under Code Section 37-7-20;
or (B) The patient is admitted for involuntary inpatient treatment under Code Sec-
tion 37-7-81; or (2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-7-95 shall apply.
(b) If hospitalization appears desirable, the staff physicians or psychologists of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician or treating psychologist finds that the patient is unable to understand the nature of voluntary hospitalization, that voluntary hospitalization would be harmful to the patient, or that the patient is determined to be an alcoholic, a drug dependent individual, or a drug abuser in need of involuntary treatment, which finding shall be entered in the patient's record.
(c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-7-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized treatment plan be developed for that patient during the five-day period that he is detained for evaluation in the facility.
(d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-7-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-7-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-7-62, to the court that ordered the evaluation."
Section 19. Said title is further amended by striking Code section 37-7-65, relating to request for transfer to another evaluating facility, and inserting in its place a new Code section to read as follows:
"37-7-65. Any patient admitted to an evaluating facility may apply to the chief medical officer of that facility for transfer at his own expense to any other approved evaluating facility. If the evaluating facility to which transfer is requested agrees to admit the patient and if the patient is able to pay for evaluation at such facility, he shall be transferred forthwith. In such case, Code Section 37-7-64 shall apply; and the time periods specified shall be counted from the date of admission to the evaluating facility to which the patient is transferred. Notice of the transfer shall be given to the patient's representatives; to the person who filed the original petition, if any; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-7-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-7-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was

MONDAY, FEBRUARY 17, 1992

985

admitted to the evaluating facility under Code Section 37-7-62, to the court that ordered the evaluation."
Section 20. Said title is further amended by striking subsection (a) of Code Section 37-7-81, relating to the procedure for the detention of patients beyond the evaluation period, and inserting in its place a new subsection to read as follows:
"(a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(l)(A) of Code Section 37-7-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is supported by the opinions of two physicians or a physician and a psychologist who have personally examined the patient within the preceding five days and who agree that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90. Such recommendation of the chief medical officer and the opinions of the physicians or physician and psychologist shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or psychologist or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-7-63. Such filing shall authorize the detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:
(1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel; (3) A copy of the individualized treatment plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the treatment plan is sent to the patient; (4) A notice that the patient has a right to be examined by a physician or psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested treatment plan for the patient which conforms with the requirements of paragraph (14) of Code Section 37-7-1; and (5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section."
Section 21. Said title is further amended by striking subsection (b) of Code Section 37-7-82 relating to procedure upon failure of or noncompliance with involuntary outpatient treatment plan, and inserting in its place a new subsection (b) to read as follows:
"(b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the patient fails without good cause or refuses to comply with the outpatient treatment plan, the physician or psychologist in charge of the outpatient treatment plan or that physician's or psychologist's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient treatment plan, if a physician or psychologist is available there to examine the patient, or to the nearest

986

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emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining physician or psychologist concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. The physician or a psychologist may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-7-41, if the examination is done in a community mental health center^ or T A physician ay execute a certificate under the conditions specified therefor in Code Section 37-7-43, if the examination is done in an emergency receiving facility. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41 or Code Section 37-7-43, as applicable."
Section 22. Said title is further amended by striking subsections (a) and (b) of Code Section 37-7-90, relating to physician's determination and certification as to involuntary outpatient care, and inserting in their respective places new subsections to read as follows:
"(a) When a physician or psychologist at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician or psychologist shall further determine and certify whether there is reason to believe the patient is:
(1) An inpatient or outpatient; and (2) If an outpatient, whether:
(A) There is available outpatient treatment; and (B) The patient will likely comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient. (b) Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, except that if such determination is made by a physician or psychologist at or on behalf of a community mental health center, the determination and certification shall be made within four hours after the patient is examined by the physician or psychologist."
Section 23. Said title is further amended by striking subsections (a) and (b) of Code Section 37-7-91, relating to discharge of persons meeting outpatient care criteria, and inserting in their places new subsections to read as follows:
"(a) A person who is in the physical custody of a community mental health center, emergency receiving facility, or evaluating facility and who is determined by a physician or a psychologist, at or on behalf of that facility, to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90 shall be discharged from that facility as provided in this Code section pending a full and fair hearing or waiver thereof under Code Section 37-7-92. That discharge from a community mental health center shall occur within four hours after the patient is examined by a physician or a psychologist at or on behalf of that center. That discharge from an emergency receiving facility shall occur within 48 hours after the patient's admission thereto. That discharge from an evaluating facility shall occur no later than the expiration of the five-day evaluation period established under Code Section 37-7-64.
(b) Prior to a psychologist's discharging the patient under subsection (a) of this Code section, the treating psychologist shall obtain the concurrence of a physician. In addition, btrt within the time period the facility is authorized to retain the patient, the facility at which or on behalf of which the patient was examined, which facility shall be the 'referring facility' for purposes of this part, shall prepare an individualized treatment plan for the patient. This plan shall be prepared in consultation with the facility at

MONDAY, FEBRUARY 17, 1992

987

which available outpatient treatment is to be provided the patient, which facility shall be the 'receiving facility' for purposes of this part. The referring facility shall also make arrangements with the receiving facility to provide interim outpatient treatment, in accordance with the individualized treatment plan, to the patient pending the full and fair hearing or waiver thereof. Nothing in this Code section shall prevent a referring facility for a patient from also being the receiving facility for that patient."
Section 24. Said title is further amended by striking subsection (b) of Code Section 37-7-92, relating to hearings and notice, and inserting in its place a new subsection to read as follows:
"(b) If the patient is notified of the hearing as required under subsection (a) of this Code section and does not appear at or waive that hearing, absent a showing of good cause for not appearing, the court may issue an order commanding any peace officer to take such person into custody and deliver that person to an emergency receiving facility or the referring facility if there is a physician or psychologist available there2 and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to subsection (b) of Code Section 37-7-41."
Section 25. Said title is further amended by striking subsection (b) of Code Section 37-7-93, relating to court orders for outpatient treatment, and inserting in its place a new subsection to read as follows:
"(b) If it is necessary to continue available outpatient treatment beyond the period authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expiration of that period the physician or psychologist responsible for that treatment or the person responsible for the patient's treatment under the direction and with approval of the physician or psychologist shall:
(1) Update the patient's individualized treatment plan; (2) Prepare a report containing evidence that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90; and (3) Petition the hearing examiners appointed to hold hearings under Code Section 37-7-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient. The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-7-83 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or the patient's representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel."
Section 26. Said title is further amended by striking Code Section 37-7-160, relating to respect for individual dignity of patients, and inserting in its place a new Code section to read as follows:
"37-7-160. The patient's dignity as an individual shall be respected at all times and upon all occasions, including any occasion wherein the patient is taken into custody, detained, or transported. Alcoholics, drug dependent individuals, or drug abusers or those suspected of being alcoholics, drug dependent individuals, or drug abusers shall, to the maximum extent reasonably possible, be treated at all times as medical patients;
patients shall be treated by a physician or psychologist acting within the scope of his or her license. Except where required under conditions of extreme urgency, those procedures, facilities, vehicles, and restraining devices normally utilized for criminals or those accused of crime shall not be used in connection with the alcoholics, drug dependent individuals, or drug abusers."
Section 27. Said title is further amended by striking Code Section 37-7-162, relating to rights of patients to suitable treatment, and inserting in its place a new Code section to read as follows:

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JOURNAL OF THE HOUSE,

"37-7-162. (a) Each patient in a facility and each person receiving services for alcoholism, drug dependency, or drug abuse shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and humanely with full respect for the patient's dignity and personal integrity.
(b) Each patient shall have the right to participate in his care and treatment. The board shall issue regulations to ensure that each patient participates in his care and treatment to the maximum extent possible. Unless the disclosure to the patient is determined by the chief medical officer or the patient's treating physician or psychologist to be detrimental to the physical or mental health of the patient and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the treatment recommendation, and to be fully informed concerning his medication, including its side effects and available treatment alternatives.
(c) It is the duty of the chief medical officer to ensure that each patient receives such medical attention as is suitable to his condition and that no treatment shall be given which is not recognized as standard psychiatric treatment, except upon the written consent of the patient or, if applicable, his guardian having capacity to give such consent. If such consent is given by someone other than the patient or such guardian, court approval must be obtained after a full and fair hearing.
(d) If a patient hospitalized under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The chief medical officer is authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician or psychologist.
(e) Every patient admitted to a facility under this chapter shall be examined by the staff of the admitting facility as soon as possible after his admission."
Section 28. All laws and parts of laws in conflict with this Act are repealed.

Representative Martin of the 26th moved that the House agree to the Senate substitute to HB 408.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barloot Y Barfieron
Barnclt.B Y Barnett.M Y Bates Y Beattv Y Benefield
Birdsong Y Blitch
Bordeaux
Y Bostick Branch
Y Breedlove Brooks
Y Brown Y' Brush Y Buck Y Buckner
Byrd Campbell
Y Cantv Y Carrell Y Carter

Y Cauthorn
Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden

Y Goodwin E Green
Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Manner Y Hariis.B
Y Harris.J Y Heard Y Henson
N Herbert Y Holland Y Holmes Y Howard Y Hudson
Y Irwin Y Jackson
Y Jamieson Y Jenkins
Y Jones Y Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence

Y Lawson Y Lee Y Long
Lord Lucas Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B Y McKinney.C
Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller E Oliver.C
Oliver,M YOrr Y Orrock
Y Padgett Parham
N Parrish Y Patten Y Pelote Y Perry

Y Pettit
Y Pinholster Y Pinkston YPoag Y Porter
Y Poston Y Powell.A
Powell.C Y Presley N Purcell Y Randall
YRay Y Reaves
Redding
Y Ricketson Y Royal
Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Y Stanley Y Streat

MONDAY, FEBRUARY 17, 1992

989

Y Taylor
Y Teper Y Thomas.C Y Thomas.M
Thomas.N

Thurmond
Y Titus Tolbert
Y Townsend Turnquest

N Twiggs
Y Valenti Y Vaughan Y Walker.J Y Walker.L

On the motion, the ayes were 144, nays 4. The motion prevailed.

Y Wall
Y Watson Y Watts Y White Y Wilder

Y Williams.B
Williams.J Williams.R Y Yeargin Murphy.Spkr

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

HB 1198.

By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to provide for license fees for grain dealers' 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 103, nays 1.
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 451. By Representative Wall of the 61st:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and the suspension of a person's driver's license for the refusal to submit to a chemical test, so as to provide a definition.

The following Senate substitute was read:

A BILL
To amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and the suspension of a person's driver's license for the refusal to submit to a chemical test, so as to provide a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and the suspension of a person's driver's license for the refusal to submit to a chemical test, is amended by adding a new subsection, to be designated subsection (g), to read as follows:
"(g) As used in this Code section, the term 'traffic accident resulting in serious injuries or fatalities' means any motor vehicle accident in which a person was killed or in which one or more persons suffered a fractured bone, severe burns or lacerations, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

990

JOURNAL OF THE HOUSE,

Representative Wall of the 61st moved that the House agree to the Senate substitute to HB 451.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Realty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Davis,G Y Davis.M Y Dixon.H Dixon,S Y Dobbs Y Dover Y Dunn Edwards Y Elliott Felton Fennel Y Floyd.J.M Y Floyd.J.W Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Mann Y Martin Y McBee
McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller E Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham
Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Ricketson Y Royal Selman Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan Y Walker,,] Y Walker.L Y Wall Y Watson Y Watts Y White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

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.

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

HB 521. By Representative Holmes of the 28th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to provide that such article shall apply to all elected public officers.

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

Abemathy Y Adams Y Aiken

Y Alford Y Ashe Y Atkins

Y Baker Y Balkcom Y Barfoot

Bargeron Y Barnett.B Y Barnett.M

Y Bates Beatty Benefield

MONDAY, FEBRUARY 17, 1992

991

Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch
Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Chambless Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Cummings.B Cummings,M Y Davis.D Davis.G Y Davis.M

Y Dixon.H Y Dixon.S
Dobbs Y Dover
Y Dunn Y Edwards Y Elliott
Felton Y Fennel
Floyd,J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson

Y Jamieson Y Jenkins
Y Jones Y Kilgore
Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKe'lvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Moody Y Morsberger Y Moultrie
Mueller

E Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Y Poag Y Porter
Poston
Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
Ray Y Reaves
Redding Y Ricketson
Y Royal Selman Sherrill Simpson
Y Sinkfield Y Skipper Y Smith.L Y Smith.P

Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti
Vaughan Y Walker,J Y Walker.L
Wall Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

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

HR 880. By Representative Ray of the 98th:
A resolution commending the Georgia Peach Festival and inviting a representative of the festival to appear before the House of Representatives.

HR 883. By Representative Langford of the 7th:
A resolution commending Miss Candace Michelle Brown and inviting her to appear.

HR 884. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A resolution commending the Walker County Young Farmers Chapter and inviting them to appear before the House of Representatives.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Agriculture and Consumer Affairs:

HB 1691.

By Representative Meadows of the 91st:
A bill to amend Code Section 16-12-4 of the Official Code of Georgia Annotated, relating to cruelty to animals, so as to provide that failure to provide adequate food and water for cattle is cruelty to animals in the first degree.

992

JOURNAL OF 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 1039.

By Representatives Dixon of the 128th, Kilgore of the 42nd and Watson of the 114th:
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.

The following Committee substitute was read and withdrawn:

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 exemptions; to provide for penalties; to provide for preemption of local regulation; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of 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 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 manufactured 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 a license."
Section 3. Said article is further amended by inserting at the end thereof a new Part 3 to read as follows:
"Part 3
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.

MONDAY, FEBRUARY 17, 1992

993

(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 a trust or the state or any political subdivision thereof. 8-2-161. It shall be the authority and duty of the Commissioner to:
(1) Establish rules and 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 manu-
factured homes and mobile homes to be followed in instances in which no manufactur-
er's installation instructions are available. Such rules and regulations shall be equivalent to usual and ordinary manufacturer's installation instructions and Appen-
dix H of the State Building Code.
8-2-162. The Commissioner is charged with the full authority to administer 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 effec-
tive. The 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 manufac-
tured 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 instal-
lations 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, specifically including, without limitation, correctly installed tie-downs and
anchors. In the absence of such instructions, installations shall be performed in accordance 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. Multiple violations of this part occurring in a single installation shall constitute one violation. Each installation performed in violation of this part shall constitute a separate violation.
8-2-167. No political subdivision may adopt or enforce any requirement not consistent with this part.

994

JOURNAL OF THE HOUSE,

8-2-168. (a) The adoption of rules and conduct of hearings under this part shall be in compliance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) The Commissioner is authorized to provide by regulation the manner in which he will conduct presentations of views during his participation as the Georgia administrative agency as required by the federal National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq."
Section 4. For purposes of making rules as provided in Code Section 8-2-162, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes this Act shall become effective on January 1, 1993.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Dixon of the 128th, et al. 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 exemptions; to provide for penalties; to provide for preemption of local regulation; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by striking in its entirety Code Section 8-2-131, relating to definitions applicable to uniform standards for manufactured homes, and inserting in lieu thereof the following:
"8-2-131. As used in this part, the term: (1) 'Commissioner' means the Georgia Safety Fire Commissioner. (2) 'Dealer' means any person who sells or offers for sale to consumers three or
more new or used manufactured homes or mobile homes m a 12 month period. Such term shall not include a person who sells or offers for sale one or more manufactured homes or mobile homes in conjunction with the transfer of an interest in land.
(2) (3) 'Manufactured 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 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.
(4) 'Manufacturer' means any person who constructs or assembles manufactured housing.
(5) '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

MONDAY, FEBRUARY 17, 1992

995

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 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 manufactured 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 a license."
Section 3. Said article is further amended by inserting at the end thereof a new Part 3 to read as follows:
"Part 3
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) 'Manufacturer' means any person who constructs or assembles manufactured housing.
(6) '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.
(7) 'Person' means an individual, corporation, partnership, association, or any other legal entity, but shall not include a trust or the state or any political subdivision thereof. 8-2-161. It shall be the authority and duty of the Commissioner to:
(1) Establish rules and 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.

996

JOURNAL OF THE HOUSE,

8-2-162. The Commissioner is charged with the full authority to administer 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 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 primary or secondary 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, specifically including, without limitation, correctly installed tie-downs and anchors. In the absence of such instructions, installations shall be performed in accordance 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. Multiple violations of this part occurring in a single installation shall constitute one violation. Each installation performed in violation of this part shall constitute a separate violation.
8-2-167. No political subdivision may adopt or enforce any requirement not consistent with this part.
8-2-168. (a) The adoption of rules and conduct of hearings under this part shall be in compliance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) The Commissioner is authorized to provide by regulation the manner in which he will conduct presentations of views during his participation as the Georgia administrative agency as required by the federal National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq."
Section 4. For purposes of making rules as provided in Code Section 8-2-162, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes this Act shall become effective on January 1, 1993.
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, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams Y Aiken Y Alford
Y Ashe Y Atkins Y Baker
Balkcom Barfoot Bargeron Y Barnett.B Barnett.M N Bates

Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch
N Breedlove Y Brooks Y Brown Y Brush N Buck
Buckner

Y Byrd Y Campbell Y Canty Y Carrell
N Carter Y Cauthorn Y Chafin
Chambless Cheeks Y Childers Y Clark.E Clark.L Y Coker

Coleman N Colwell Y Connell N Culbreth
Y Cummings.B Cummings.M
N Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover

Y Dunn Y Edwards Y Elliott
Felton
Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt N Godbee N Golden Y Goodwin E Green Y Greene

MONDAY, FEBRUARY 17, 1992

997

N Griffin Y Groover Y Hamilton N Hammond Y Manner
Y Harris.B Harris,.]
Heard
Y Henson
Y Herbert
Y Holland
Y Holmes Y Howard Y Hudson Y Irwin N Jackson N Jamieson Y Jenkins Y Jones Y Kilgore
Y King Y Kingston Y Klein

Y Ladd Y Lane.D N Lane.R
Langford Y Lawrence
N Lawson Y Lee
N Long
Y Lord
Lucas
N Mann
Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt
Milam
Y Mills Y Mobley Y Moody

Y Morsberger Y Moultrie Y Mueller E Oliver.C Y Oliver.M
Y Orr Orrock
Y Padgett
Parham
N Parrish
Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Poag Porter Y Poston Powell.A
Y Powell.C Y Presley Y Purcell

Randall Y Ray Y Reaves Y Redding Y Ricketson
Y Royal Selman
Y Sherrill
Simpson
Y Sinkfield
Y Skipper
Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley
Streat N Taylor Y Teper

Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend
Turnquest
N Twiggs
Y Valenti
Y Vaughan
Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 121, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Buckner of the 72nd and Felton of the 22nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Harris of the 96th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Holland of the 136th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1238.

By Representatives Skipper of the 116th, Walker of the 113th and Holland of the 136th:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jury trials and appeals in the probate courts, so as to provide for default judgments in probate courts.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties, so as to provide for default judgments in probate courts; to provide that the court, in its discretion, may open default upon certain grounds; to provide for a showing for cause in order to open default; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties, is amended by adding a new Code section at the end to read as follows:
"15-9-47. Notwithstanding any provisions of Chapter 11 of Title 9, if in any case pending before the probate court an answer has not been filed within the time required

998

JOURNAL OF THE HOUSE,

by law or by lawful order of the court, the case shall automatically become in default unless the time for filing the answer has been extended as provided by law. The petitioner at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the petition or other pleadings filed in the matter were supported by proper evidence. At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to open for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to open, on terms to be fixed by the court. In order for the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the hearing in the matter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Skipper of the 116th moves to amend the Committee substitute to HB 1238 as follows:
By adding on pg. 1, line 15 after the word "answer" and before the word "has" the words "caveat, or other responsive pleading";

By adding on page 1, line 18 after the word "answer" and before the word "has" the words "caveat, or other responsive pleading".

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 Abernathy Y Adams
Aiken Alford Y Ashe Atkins Baker Y Balkcom Bartoot Y Bargeron Y Barnett.B Barnett.M Y Bates Y Beatty Y Benetield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter

Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden

Y Goodwin E Green Y Greene
Griffin Y Groover Y Hamilton Y Hammond Y Hanner
Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence

Y Lawson Y Lee
Long Y Lord
Lucas Y Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller E Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perrv

Y Pettit Y Pinholster Y Pinkston
Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Ray Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,? Smith.T Y Smith.W Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Streat

MONDAY, FEBRUARY 17, 1992

999

Y Taylur Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N

Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker.J
Y Walker.L

Y Wall Y Watson Y Watts
White
Y Wilder

Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1344.

By Representative Dunn of the 73rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise the financial regulatory capabilities of the Commissioner of Insurance; to provide for the acceptance of an examination of an insurer conducted by another state under certain conditions.

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 revise the financial regulatory capabilities of the Commissioner of Insurance; to provide for the acceptance of an examination of an insurer conducted by another state under certain conditions; to revise provisions relative to examinations of insurers and insurance agents, solicitors, brokers, and others; to revise provisions relative to reports of examinations; to provide for confidentiality of certain information gathered in connection with examinations; to provide for disclosure of such information under certain conditions; to provide a definition of administration supervision; authorize the Commissioner to place an insurer under administrative supervision under certain conditions; to revise provisions relative to the method of calculating the amount of bonds or other evidences of debt held by an insurer; to provide for the valuation of certain securities held by an insurer; to provide limitations on certain types of investments of insurers; to revise certain definitions; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (d) of Code Section 33-2-11, relating to the examination of insurers by the Commissioner, in its entirety and inserting in its place a new subsection (d) to read as follows:
"(d) In lieu of making his OWH examination, the Commissioner may accept a feU

the United States, an examination under this Code section of any foreign or alien insurer licensed in this state, the Commissioner may accept an examination report on such insurer as prepared by the insurance department of such insurer's state of domicile or port-of-entry state until January l 1994. On and after January 1+ 1994, such reports may be accepted only ifc
(1) The insurance department was, at the time the examination was conducted, accredited under the National Association of Insurance Commissioners' financial regulation standards and accreditation program; or
(2) The examination was performed under the supervision of an accredited insurance department or with the participation of one or more examiners who are employed by an accredited state insurance department and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department."

1000

JOURNAL OF THE HOUSE,

Section 2. Said title is further amended by striking Code Section 33-2-12, relating to the examinations of agents, solicitors, brokers, and others, in its entirety and inserting in its place an new Code Section 33-2-12 to read as follows:
"33-2-12. For the purpose of ascertaining their compliance with this title, when he deems it necessary in the public interest, the Commissioner may examine the affairs, accounts, records, documents, and transactions of:
(1) Any insurance agent, solicitor subagent, broker, counselor, or adjusterz or any other person licensed under this title;
(2) Any person having a contract under which he enjoys in fact the exclusive or dominant right to control an insurer;
(3) Any person holding the shares of capital stock or policyholder proxies of a domestic insurer for the purpose of control of its management either as voting trustee or otherwise; and
(4) Any person engaged in the promotion or formation of a domestic insurer, or insurance holding corporation, or corporation to finance a domestic insurer or the production of its businessT;
(5) Any other person transacting the business of insurance, whether authorized or unauthorized;
(6) Any person or affiliate of such person who proposes or makes application to acquire any domestic insurer or any affiliate of a domestic insurer; and
(7) Any person seeking to acquire any other person subject to the jurisdiction of the Commissioner pursuant to this title."
Section 3. Said title is further amended by striking Code Section 33-2-14, relating to the preparation of written reports of examinations of insurers, in its entirety and inserting in its place a new Code Section 33-2-14 to read as follows:
"33-2-14. (a) The Commissioner shall may make a full written report of each examination made by him containing only facts ascertained from the accounts, records, and documents examined and from the sworn testimony of witnesses.
(b) The report shall be certified by the Commissioner or by the examiner in charge of the examination and when so certified, after filing as provided in subsection (c) of this Code section, shall be admissible in evidence in any proceeding brought by the Commissioner against the person examined or any officer or agent of such person and shall be prima-facie evidence of the facts stated therein.
(c) The Commissioner shall furnish a copy of the proposed report to the person examined not less than 20 days prior to filing the report. If such person so requests in writing within such 20 day period or such longer period as the Commissioner may grant, the Commissioner shall grant a hearing with respect to the report and shall not so file the report until after the hearing and such modifications have been made therein as the Commissioner may deem proper.
(d) The Commissioner may withhold from public inspection the report of any examination or investigation for so long as he deems it to be in the public interest or necessary to protect the person examined from unwarranted injury.
\e) /Vitcp trie report nas occn tiled, tnc Commissioner may puolisn trie report &P tnc
to be in the public interest. Nothing contained in this Code section shall be construed to limit the Commissioner's authority to terminate or suspend any examination in order to pursue other legal or regulatory action pursuant to the insurance laws of this state. In such event, the findings of fact and conclusions made pursuant to said examination and prior to any hearing as set forth in subsection (c) of this Code section shall be prima-facie evidence in any legal or regulatory action.
(f) In the event the Commissioner determines that regulatory action is appropriate as a result of any examination, he or she may initiate any proceeding or actions as provided by law.
(g) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, all work papers, recorded information, and documents and copies received from another state and disclosed to the Commissioner or any other

MONDAY, FEBRUARY 17, 1992

1001

person in the course of an examination made under this chapter must be given confidential treatment and are not subject to subpoena and may not be made public by the Commissioner or any other person. Access may be granted to authorized representatives of the National Association of Insurance Commissioners. Such representatives must agree in writing prior to receiving the information to treat such information confidentially as required by this Code section, unless the prior written consent of the company to which it pertains has been obtained.
(h) Nothing contained in this Code section shall be construed to limit the Commissioner's authority to use any preliminary or final examination or company work papers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action which the Commissioner may, in his or her sole discretion, deem appropriate.
(i) Nothing contained in this Code section shall prevent or be construed as prohibiting the Commissioner from disclosing the contents of an examination report, preliminary examination report, or results or any matter relating thereto to the insurance department of this or any other state or country or to law enforcement officials of this or any other state or agency of the federal government at any time so long as such agency or office receiving the report or matter relating thereto agrees in writing to treat such report confidentially and in a manner consistent with this title."
Section 4. Said title is further amended by striking Code Section 33-3-1, relating to definitions used in Chapter 3 of said title, in its entirety and inserting in its place a new Code Section 33-3-1 to read as follows:
"33-3-1. As used in this chapter, the term: (1) 'Administrative supervision' means the continued operation of the company
under supervision of the Commissioner in accordance with regulations promulgated by the Commissioner.
iV> (2) 'Alien' insurer means an insurer formed under the laws of a country other than the United States.
{2) (3) 'Charter' means articles of incorporation, articles of agreement, articles of association, or other basic constituent document of a corporation; subscribers' agreement and power of attorney of a reciprocal insurer; or underwriters' agreement and power of attorney of a Lloyd's insurer.
{3} (4) 'Domestic' insurer means an insurer formed under the laws of Georgia. f4) (5) 'Foreign' insurer means an insurer formed under the laws of another state or government of the United States. {6) (6) 'State' means any state, commonwealth, territory, or district of the United States. {) (7) 'United States' includes the states, territories, districts, and commonwealths of the United States."
Section 5. Said title is further amended by striking Code Section 33-3-17, relating to the discretionary refusal, revocation, or suspension of a certificate of authority, in its entirety and inserting in its place a new Code Section 33-3-17 to read as follows:
"33-3-17. The In addition to any other grounds set forth in this title, the Commissioner may refuse to issue a certificate of authority or after a hearing refuse to renew or may revoke or suspend an insurer's certificate of authority or place an insurer under administrative supervision if the insurer in addition to other grounds therefor m this
. .
(1) Violates any provision of this title other than those as to which refusal, suspension, or revocation is mandatory;
(2) Knowingly fails to comply with any lawful or violates any rule, regulation, or order of the Commissioner;
(3) Is found by the Commissioner to be in unsound condition or in such condition as to render its further transaction of insurance in Georgia hazardous to its policyholders or to the public;
(4) As a general scheme or plot without just cause compels claimants to accept less than the amount due them or to bring an action against it to secure full payment thereof;

1002

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(5) Refuses to be examined or to produce its accounts, records, and files for examination by the Commissioner when required; or refuses to furnish such other additional information as the Commissioner may deem advisable necessary to consider the application for renewal of such insurer's certificate of authority;
(6) Fails to pay any final judgment rendered against it in Georgia within 30 days after such judgment becomes final; or
(7) Is affiliated with and under the same general management or interlocking directorate or ownership as another insurer which transacts direct insurance in Georgia without having a certificate of authority therefor, except as permitted to a surplus line insurer under Chapter 5 of this title or an insurance holding company under Chapter 13 of this title."
Section 6. Said title is further amended by striking the undesignated introductory language of Code Section 33-3-18, relating to suspension of a certificate of authority for cause, in its entirety and inserting in its place new undesignated introductory language to read as follows:
"The Commissioner may, without advance notice or a hearing thereon, place an insurer under administrative supervision or suspend immediately the certificate of authority of any insurer:"
Section 7. Said title is further amended by striking subsection (b) of Code Section 33-10-14, relating to bonds or other evidences of debt held by an insurer, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) The Commissioner shall have discretion in determining the method of calculating values according to the rules set forth in this Code section but no such method or valuation shall be inconsistent with any applicable valuation or method used by insurers in general or any such method then currently formulated or approved by the National Association of Insurance Commissioners or its successor organization."
Section 8. Said title is further amended by adding at the end of Code Section 33-10-15, relating to securities held by an insurer, new subsections (c) and (d) to read as follows:
"(c) Stock of a subsidiary corporation of an insurer shall not be valued at an amount in excess of the net value thereof as based upon those assets only of the subsidiary which would be eligible under this chapter and Chapter 11 of this title for investment of the funds of the insurer directly.
(d) No valuations under this Code section shall be inconsistent with any applicable valuation or method then currently formulated or approved by the National Association of Insurance Commissioners or its successor organization."
Section 9. Said title is further amended by striking paragraph (5) of Code Section 33-11-5, relating to required investments of insurers, in its entirety and inserting in its place a new paragraph (5) to read as follows:
"(5) OTHER SPECIFIC LIMITS. Limits as to investments in the category of real estate shall be as provided in Code Sections 33-11-29 through 33-11-32; provided, however, that, except as authorized by subsection (b) of Code Section 33-11-29, all such investments shall not exceed the lesser of 10 percent of admitted assets or 50 percent of the policyholder's surplus; and other specific limits shall apply as stated in Code sections dealing with other respective kinds of investments."
Section 10. Said title is further amended by striking paragraphs (2), (3), and (4) of Code Section 33-47-2, relating to definitions of terms used in Chapter 47, in their entirety and inserting in their respective places new paragraphs (2), (3), and (4) to read as follows:
(2) 'Insurer' means any person, firm, association, or corporation duly licensed antt authorized in this state to transact insurance, an insurer as defined in Code Section 33-1-2.
(3) (A) 'Managing general agent' means any person, firm, association, or corporation who negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer, including the management of

MONDAY, FEBRUARY 17, 1992

1003

a separate division, department, or underwriting office and acts as an agent for such insurer whether known as a managing general agent, general agent, manager, or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than 5 percent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or more of the following:
(i) Adjusts or pays claims in excess of an amount determined by the Commissioner; or
(ii) Negotiates reinsurance on behalf of the insurer. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the following persons shall not be considered as managing general agents for the purposes of this chapter:
(i) An employee of the insurer; (ii) A United States manager of the United States branch of an alien insurer; or (iii) An underwriting manager which provides underwriting services only, pursuant to contract, manages aU any of the insurance underwriting operations of the insurer, is under common control with the insurer, subject to Chapter 13 of this title, and whose compensation is not based on the volume of premiums written. (4) 'Producer' means an agent or subagent as defined in Chapter 23 of this title."
Section 11. Said title is further amended by striking subparagraph (D) of paragraph (6) of Code Section 33-48-2, relating to definitions used in Chapter 48, in its entirety and inserting in its place a new subparagraph (D) to read as follows:
"(D) The controlled insurer, with respect to business placed by the controlling producer, either failed to establish or deviated from its underwriting producers procedures;"
Section 12. All laws and parts 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 Ahernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Barfoot N Bargeron Y Barnett.B Barnett,M N Bates
Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter

Y Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman N Colwell Y Connell
Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis.G Y Davis.M
Y Dixon.H Dixon.S
Y IJobbs Y" Dover Y Dunn Y" Edwards Y Elliott Y Felton
Fennel Y FIoyd.J.M Y Floyd.J.W
Flynt
N Godbee N Golden

Y Goodwin E Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner N Harris.B Y Harris.J
Heard Y Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
N Lane.R Y Langford Y Lawrence

Y Lawson YLee
Long Y Lord
Lucas Y Mann Y' Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller
E Oliver.C Y Oliver.M Y Orr Y Orrock
Padgett Parham Y Parrish Y Patten Y Pelote Y Perry

Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Skipper Y Smith.L Y Smith,? Smith.T Y Smith.W
Smyre Snow Y Stancil.F
Y Stancil.S Y Stanley
Streat

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Y Taylur
Y Teper Y Thomas.C Y Thomaa.M Y Thomas.N

Y Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest

N Twiggs
Y Valenti Y Vaughan Y Walker,J Y Walker.L

Y Wall
Y Watson Y Watts Y White Y Wilder

Y Williams.B
Y Williams.J Y Williams.R
Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 140, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1566. By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of barbers, so as to delete certain provisions relating to barber 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 ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

Representative Griffin of the 6th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1039.

HB 1571. By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of cosmetology, so as to delete certain provisions requiring the licensure of certain students.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 1571 by inserting between "students;" and "to" on line 4 of page 1 the following:
"to change certain provisions regarding disciplinary authority with respect to certain violations;".
By striking line 20 of page 3 in its entirety and inserting in its place the following:
"(6) Willfully and knowingly violating Violating,".

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

Representative Buckner of the 72nd stated that she wished to be recorded as voting "aye" on HB 1571.

MONDAY, FEBRUARY 17, 1992

1005

HB 1572.

By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of psychologists, so as to change the termination date of and to continue the State Board of Examiners of Psychologists and the laws relating to 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1573.

By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of nursing home administrators, so as to provide for an additional ex officio member of the State Board of Nursing Home Administrators.

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

HB 1434.

By Representative Dixon of the 151st:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain exceptions to the requirements for licensing hearing aid dealers and dispensers and speechlanguage pathologists and audiologists.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1136. By Representatives Chafin of the 72nd, Lee of the 72nd, Benefield of the 72nd, Buckner of the 72nd and King of the 72nd:
A bill to amend Code Section 17-7-70 of the Official Code of Georgia Annotated, relating to trial upon accusations in felony cases where the defendant has waived indictment by the grand jury, so as to provide for trial upon accusations in certain felony cases without the necessity of waiving indictment by grand jury.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to trial upon accusations, so as to provide for trial upon accusations in certain felony cases without the necessity of waiving indictment by grand jury; to provide for

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exceptions; to provide for the application of substantive and procedural laws; to provide for the form of accusations; to provide instances when an accusation may not be preferred; to provide for other matters relative to the foregoing; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to trial upon accusations, is amended by adding a new Code Section 17-7-70.1 to read as follows:
"17-7-70.1. (a) In felony cases involving violations of Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-2, 16-9-20, 16-9-31, 16-9-33, 16-9-37, 16-10-52, and 40-5-58, in which defendants have either been bound over to the superior court or have expressly waived a commitment hearing, the district attorney shall have authority to prefer accusations, and the defendants shall be tried on such accusations according to the same rules of substantive and procedural laws relating to defendants who have been indicted by a grand jury. All laws relating to rights and responsibilities attendant to indicted cases shall be applicable to cases brought by accusations signed by the district attorney. The accusation need not be supported by an affidavit except in those cases in which the defendant has not been previously arrested in conjunction with the transaction charged in the accusation.
(b) Judges of the superior court may open their courts at any time without the presence of either a grand jury or a trial jury to receive and act upon pleas of guilty or nolo contendere in felony and misdemeanor cases. The judge of the superior court may try the issues in such cases without a jury upon an indictment or upon an accusation filed by the district attorney where the defendant has waived trial by jury.
(c) An accusation substantially complying with the form provided in subsections (d) and (e) of Code Section 17-7-71 shall in all cases be sufficient.
(d) The district attorney may not bring an accusation pursuant to this Code section in those cases where the grand jury has heard evidence or conducted an investigation or in which a no bill has been returned.
(e) Notwithstanding the above provisions, nothing in this Code section shall affect the rights of police officers and public officials to appear before a grand jury as provided in Code Sections 17-7-52, 45-11-4, and 45-15-11."
Section 2. This Act shall apply to arrests made on and after July 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

V Abernathy Y Adams Y Aiken 'Y Aliord Y Ashe Y Atkins Y Baker Y Balkcom Y Barf'oot Y Bargeron N Barnett.B Y Barnett.M Y Bates N Beatty Y Beneiield Y Birdsong Y Blitch Y Bordeaux

Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks N Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings,B Cummings.M N Davis.D N Davis.G Y Davis.M Y Dixon.H Dixon.S Y Dobbs Y Dover Dunn Y Edwards

Y Elliott Y Felton N Fennel Y Floyd.J.M Y Floyd.J.VV
Flynt N Godbee Y Golden N Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Heard Y Henson Y Herbert N Holland Y Holmes Y Howard
Hudson Y Irwin
Jackson Y Jamieson N Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y I.ane.D

MONDAY, FEBRUARY 17, 1992

1007

Y Lane.R Y Landlord Y Lawrence
Lawson
Y Lee Y Long
Lord Y Lucas Y Mann Y Martin N McBee Y McCoy N McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Mills Y Mobley N Moody N Morsberger Y Moultrie Y Mueller
E Oliver.C Y Oliver.M NOrr Y Orrock Y Padgett Y Parham
Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster

Y Pinkston N Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield

N Skipper N Smith.L
Y Smith.P Smith.T
Y Smith.W
Y Smyre Y Snow Y Stancil.F
Y Stancil.S N Stanley
Streat
Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thoraas.N N Thurmond Y Titus

Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker ,J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 138, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Mills of the 20th 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 Davis of the 45th 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 Brush of the 83rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 762. By Representative Floyd of the 154th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to amend the provisions relating to the territorial application of Title 11 and parties' power to choose applicable law; to change the provisions relating to limitations on the scope of Article 3 of Title 11; to change the definition of the term "item" as used in Article 4 of Title 11.

The following Committee substitute was read and adopted:

A BILL
To amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to amend the provisions relating to the territorial application of Title 11 and parties' power to choose applicable law; to change the provisions relating to limitations on the scope of Article 3 of Title 11; to change the definition of the term "item" as used in Article 4 of Title 11; to enact a new Article 4A of Title 11, relating to funds transfers; to provide for a short title; to provide for subject matter; to provide for definitions; to provide for the time of receipt of a payment order; to provide for Federal Reserve System regulations and operating circulars and the effect thereof; to provide for exclusion of consumer transactions governed by federal law from the application of Article 4A of Title 11; to provide for the issuance and acceptance of payment orders; to provide for security procedures; to provide for authorized and verified payment orders; to provide for unenforceability of certain verified payment orders; to provide for the refund of payments and the duty of the customer to report with respect to unauthorized payment orders; to provide for erroneous payment orders; to provide for transmission of payment

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orders through fund-transfer or other communications systems; to provide for misdescription of a beneficiary, an intermediary bank, or a beneficiary's bank; to provide for acceptance or rejection of payment orders; to provide for cancellation and amendment of payment orders; to provide for liability and duties of a receiving bank regarding an unaccepted payment order; to provide for execution of a sender's payment order by a receiving bank; to provide for execution and execution dates; to provide for obligations of a receiving bank in execution of a payment order; to provide for erroneous execution of a payment order; to provide for the duty of a sender to report an erroneously executed payment order; to provide for liability for late or improper execution or failure to execute a payment order; to provide for payment; to provide for payment date; to provide for obligation of a sender to pay a receiving bank; to provide for payment by the sender to the receiving bank; to provide for the obligation of a beneficiary's bank to pay and give notice to the beneficiary; to provide for payment by a beneficiary's bank to the beneficiary; to provide for payment by an originator to a beneficiary and discharge of the underlying obligation; to provide for variation of the rights and obligations of a party to a funds transfer by agreement and the effect of a funds-transfer system rule; to provide for service of creditor process on a receiving bank; to provide for setoff by a beneficiary's bank; to provide for injunctions or restraining orders with respect to funds transfers; to provide for the order in which items and payment orders may be charged to an account and the order of withdrawals from an account; to provide for preclusion of objections to the debit of a customer's account; to provide for the rate of interest; to provide for choice of law; to provide for other matters relating to funds transfers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," is amended by striking Code Section 11-1-105, relating to territorial application of Title 11 and parties' power to choose applicable law, and inserting in lieu thereof a new Code Section 11-1-105 to read as follows:
"11-1-105. Territorial application of the title; parties' power to choose applicable law. (1) Except as provided hereafter in this Code section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this title applies to transactions bearing an appropriate relation to this state.
(2) Where one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:
Rights of creditors against sold goods. Code Section 11-2-402. Applicability of the article of this title on bank deposits and collections (Article 4 of this title). Code Section 11-4-102. Bulk transfers subject to the article of this title on bulk transfers (Article 6 of this title). Code Section 11-6-102. Applicability of the article of this title on investment securities (Article 8 of this title). Code Section 11-8-106. Perfection provisions of the article of this title on secured transactions (Article 9 of this title). Code Section 11-9-103. Governing law in the article on funds transfers. (Article 4A of this title). Code Section 11-4A-507."
Section 2. Said title is further amended by striking Code Section 11-3-103, relating to limitations on the scope of Article 3 of Title 11, and inserting in lieu thereof a new Code Section 11-3-103 to read as follows:
"11-3-103. Limitations on scope of article. (1) This article does not apply to money, documents ef- title, or investment securities to documents of title, to securities governed by Article 8j or to payment orders governed by Article 4A.

MONDAY, FEBRUARY 17, 1992

1009

(2) The provisions of this article are subject to the provisions of the article on bank deposits and collections (Article 4 of this title) and secured transactions (Article 9 of this title)."
Section 3. Said title is further amended by striking Code Section 11-4-104, relating to definitions and an index of definitions used in Article 4 of Title 11, and inserting in lieu thereof a new Code Section 11-4-104 to read as follows:
"11-4-104. Definitions and index of definitions. (1) In this article unless the context otherwise requires:
(a) 'Account' means any account with a bank and includes a checking, time, interest, or savings account;
(b) 'Afternoon' means the period of a day between noon and midnight; (c) 'Banking day' means that part of any day on which a bank is open to the public for carrying on substantially all of its banking functions; (d) 'Clearing-house' means any association of banks or other payers regularly clearing items; (e) 'Customer' means any person having an account with a bank or for whom a bank has agreed to collect items and includes a bank carrying an account with another bank; (f) 'Documentary draft' means any negotiable or nonnegotiable draft with accompanying documents, securities, or other papers to be delivered against honor of the draft; (g) 'Item' means any instrument for the payment of money even though it is not negotiable but does not include money; 'item' shall also include any stored electronic message unit for the payment of money; . The term does not include a payment order governed by Article 4A or a credit or debit card slip; (h) 'Midnight deadline' with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later; (i) 'Properly payable' includes the availability of funds for payment at the time of decision to pay or dishonor; (j) 'Settle' means to pay in cash, by clearing-house settlement, in a charge or credit, or by remittance, or otherwise as instructed. A settlement may be either provisional or final; (k) 'Suspends payments' with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business. (2) Other definitions applying to this article and the Code sections in which they appear are: 'Collecting bank.' Code Section 11-4-105. 'Depositary bank.' Code Section 11-4-105. 'Intermediary bank.' Code Section 11-4-105. 'Payor bank.' Code Section 11-4-105. 'Presenting bank.' Code Section 11-4-105. 'Remitting bank.' Code Section 11-4-105. (3) The following definitions in other articles of this title apply to this article: 'Acceptance.' Code Section 11-3-410. 'Certificate of deposit.' Code Section 11-3-104. 'Certification.' Code Section 11-3-411. 'Check.' Code Section 11-3-104. 'Draft.' Code Section 11-3-104.
'Holder in due course.' Code Section 11-3-302. 'Notice of dishonor.' Code Section 11-3-508. 'Presentment.' Code Section 11-3-504.
'Protest.' Code Section 11-3-509.
'Secondary party.' Code Section 11-3-102.

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(4) In addition Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article."
Section 4. Said title is further amended by adding, following Article 4, a new Article 4A to read as follows:
"ARTICLE 4A
FUNDS TRANSFER
Parti Subject Matter and Definitions
11-4A-101. Short title. This article shall be known and may be cited as the 'Uniform Commercial Code Funds Transfers.'
11-4A-102. Subject matter. Except as otherwise provided in Code Section 11-4A-108, this article applies to funds transfers defined in Code Section 11-4A-104.
11-4A-103. Payment order - definitions, (a) In this article: (1) 'Payment order' means an instruction of a sender to a receiving bank, trans-
mitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:
(i) The instruction does not state a condition to payment to the beneficiary other than time of payment,
(ii) The receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender, and
(iii) The instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank. (2) 'Beneficiary' means the person to be paid by the beneficiary's bank. (3) 'Beneficiary's bank' means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account. (4) 'Receiving bank' means the bank to which the sender's instruction is addressed. (5) 'Sender' means the person giving the instruction to the receiving bank. (b) If an instruction complying with subsection (a)(l) is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment. (c) A payment order is issued when it is sent to the receiving bank. 11-4A-104. Funds transfer - definitions. In this article: (a) 'Funds transfer' means the series of transactions, beginning with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originator's bank or an intermediary bank intended to carry out the originator's payment order. A funds transfer is completed by acceptance by the beneficiary's bank of a payment order for the benefit of the beneficiary of the originator's payment order. (b) 'Intermediary bank' means a receiving bank other than the originator's bank or the beneficiary's bank. (c) 'Originator' means the sender of the first payment order in a funds transfer. (d) 'Originator's bank' means (i) the receiving bank to which the payment order of the originator is issued if the originator is not a bank, or (ii) the originator if the originator is a bank. 11-4A-105. Other definitions, (a) In this article: (1) 'Authorized account" means a deposit account of a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent with a restriction on the use of that account.

MONDAY, FEBRUARY 17, 1992

1011

(2) 'Bank' means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate office of a bank is a separate bank for purposes of this article.
(3) 'Customer' means a person, including a bank, having an account with a bank or from whom a bank has agreed to receive payment orders.
(4) 'Funds-transfer business day' of a receiving bank means the part of a day during which the receiving bank is open for the receipt, processing, and transmittal of payment orders and cancellations and amendments of payment orders.
(5) 'Funds-transfer system' means a wire transfer network, automated clearing house, or other communication system of a clearing house or other association of banks through which a payment order by a bank may be transmitted to the bank to which the order is addressed.
(6) 'Good faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(7) 'Prove' with respect to a fact means to meet the burden of establishing the fact (Code Section 11-1-201(8)). (b) Other definitions applying to this article and the Code sections in which they appear are: 'Acceptance.' Code Section 11-4A-209. 'Beneficiary.' Code Section 11-4A-103. 'Beneficiary's bank.' Code Section 11-4A-103. 'Executed.' Code Section 11-4A-301. 'Execution date.' Code Section 11-4A-301. 'Funds transfer.' Code Section 11-4A-104. 'Funds-transfer system rule.' Code Section 11-4A-501. 'Intermediary bank.' Code Section 11-4A-104. 'Originator.' Code Section 11-4A-104. 'Originator's bank.' Code Section 11-4A-104. 'Payment by beneficiary's bank to beneficiary.' Code Section 11-4A-405. 'Payment by originator to beneficiary.' Code Section 11-4A-406. 'Payment by sender to receiving bank.' Code Section 11-4A-403. 'Payment date.' Code Section 11-4A-401. 'Payment order.' Code Section 11-4A-103. 'Receiving bank.' Code Section 11-4A-103. 'Security procedure.' Code Section 11-4A-201. 'Sender.' Code Section 11-4A-103. (c) The following definitions in Article 4 of this title apply to this article:
'Clearing house.' Code Section 11-4-104.
'Item.' Code Section 11-4-104.
'Suspends payments.' Code Section 11-4-104.
(d) In addition Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article.
11-4A-106. Time payment order is received, (a) The time of receipt of a payment order or communication canceling or amending a payment order is determined by the rules applicable to receipt of a notice stated in Code Section 11-1-201(27). A receiving bank may fix a cut-off time or times on a funds-transfer business day for the receipt and processing of payment orders and communications canceling or amending payment orders. Different cut-off times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cut-off time may apply to senders generally or different cut-off times may apply to different senders or categories of payment orders. If a payment order or communication canceling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cut-off time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds-transfer business day.
(b) If this article refers to an execution date or payment date or states a day on which a receiving bank is required to take action, and the date or day does not fall on

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a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this article.
11-4A-107. Federal Reserve regulations and operating circulars. Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this article to the extent of the inconsistency.
11-4A-108. Exclusion of consumer transactions governed by federal law. This article does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. Section 1693 et seq.) as amended from time to time.
Part 2 Issue and Acceptance of Payment Order
11-4A-201. Security procedure. 'Security procedure' means a procedure established by agreement of a customer and a receiving bank for the purpose of (i) verifying that a payment order or communication amending or canceling a payment order is that of the customer, or (ii) detecting error in the transmission or the content of the payment order or communication. A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures, or similar security devices. Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer is not by itself a security procedure.
11-4A-202. Authorized and verified payment orders. (a) A payment order received by the receiving bank is the authorized order of the person identified as sender if that person authorized the order or is otherwise bound by it under the law of agency.
(b) If a bank and its customer have agreed that the authenticity of payment orders issued to the bank in the name of the customer as sender will be verified pursuant to a security procedure, a payment order received by the receiving bank is effective as the order of the customer, whether or not authorized, if (i) the security procedure is a commercially reasonable method of providing security against unauthorized payment orders, and (ii) the bank proves that it accepted the payment order in good faith and in compliance with the security procedure and any written agreement or instruction of the customer restricting acceptance of payment orders issued in the name of the customer. The bank is not required to follow an instruction that violates a written agreement with the customer or notice of which is not received at a time and in a manner affording the bank a reasonable opportunity to act on it before the payment order is accepted.
(c) Commercial reasonableness of a security procedure is a question of law to be determined by considering the wishes of the customer expressed to the bank, the circumstances of the customer known to the bank, including the size, type, and frequency of payment orders normally issued by the customer to the bank, alternative security procedures offered to the customer, and security procedures in general use by customers and receiving banks similarly situated. A security procedure is deemed to be commercially reasonable if (i) the security procedure was chosen by the customer after the bank offered, and the customer refused, a security procedure that was commercially reasonable for that customer, and (ii) the customer expressly agreed in writing to be bound by any payment order, whether or not authorized, issued in its name and accepted by the bank in compliance with the security procedure chosen by the customer.
(d) The term 'sender' in this article includes the customer in whose name a payment order is issued if the order is the authorized order of the customer under subsection (a), or it is effective as the order of the customer under subsection (b).
(e) This Code section applies to amendments and cancellations of payment orders to the same extent it applies to payment orders.
(f) Except as provided in this Code section and in Code Section ll-4A-203(a)(l), rights and obligations arising under this Code section or Code Section 11-4A-203 may not be varied by agreement.
11-4A-203. Unenforceability of certain verified payment orders, (a) If an accepted payment order is not, under Code Section ll-4A-202(a), an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to Code Section ll-4A-202(b), the following rules apply:

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(1) By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order.
(2) The receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was not caused, directly or indirectly, by a person (i) entrusted at any time with duties to act for the customer with respect to payment orders or the security procedure, or (ii) who obtained access to transmitting facilities of the customer or who obtained, from a source controlled by the customer and without authority of the receiving bank, information facilitating breach of the security procedure, regardless of how the information was obtained or whether the customer was at fault. Information includes any access device, computer software, or the like. (b) This Code section applies to amendments of payment orders to the same extent it applies to payment orders. 11-4A-204. Refund of payment and duty of customer to report with respect to unauthorized payment order, (a) If a receiving bank accepts a payment order issued in the name of its customer as sender which is (i) not authorized and not effective as the order of the customer under Code Section 11-4A-202, or (ii) not enforceable, in whole or in part, against the customer under Code Section 11-4A-203, the bank shall refund any payment of the payment order received from the customer to the extent the bank is not entitled to enforce payment and shall pay interest on the refundable amount calculated from the date the bank received payment to the date of the refund. However, the customer is not entitled to interest from the bank on the amount to be refunded if the customer fails to exercise ordinary care to determine that the order was not authorized by the customer and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days after the date the customer received notification from the bank that the order was accepted or that the customer's account was debited with respect to the order. The bank is not entitled to any recovery from the customer on account of a failure by the customer to give notification as stated in this section.
(b) Reasonable time under subsection (a) may be fixed by agreement as stated in Code Section 11-1-204(1), but the obligation of a receiving bank to refund payment as stated in subsection (a) may not otherwise be varied by agreement.
11-4A-205. Erroneous payment orders, (a) If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order (i) erroneously instructed payment to a beneficiary not intended by the sender, (ii) erroneously instructed payment in an amount greater than the amount intended by the sender, or (iii) was an erroneously transmitted duplicate of a payment order previously sent by the sender, the following rules apply:
(1) If the sender proves that the sender or a person acting on behalf of the sender pursuant to Code Section 11-4A-206 complied with the security procedure and that the error would have been detected if the receiving bank had also complied, the sender is not obliged to pay the order to the extent stated in paragraphs (2) and (3).
(2) If the funds transfer is completed on the basis of an erroneous payment order described in clause (i) or (iii) of subsection (a), the sender is not obliged to pay the order and the receiving bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution.
(3) If the funds transfer is completed on the basis of a payment order described in clause (ii) of subsection (a), the sender is not obliged to pay the order to the extent the amount received by the beneficiary is greater than the amount intended by the sender. In that case, the receiving bank is entitled to recover from the beneficiary the excess amount received to the extent allowed by the law governing mistake and restitution. (b) If (i) the sender of an erroneous payment order described in subsection (a) is not obliged to pay all or part of the order, and (ii) the sender receives notification from the receiving bank that the order was accepted by the bank or that the sender's account was debited with respect to the order, the sender has a duty to exercise ordinary care, on the basis of information available to the sender, to discover the error with respect to the

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order and to advise the bank of the relevant facts within a reasonable time, not exceeding 90 days, after the bank's notification was received by the sender. If the bank proves that the sender failed to perform that duty, the sender is liable to the bank for the loss the bank proves it incurred as a result of the failure, but the liability of the sender may not exceed the amount of the sender's order.
(c) This Code section applies to amendments to payment orders to the same extent it applies to payment orders.
11-4A-206. Transmission of payment order through funds-transfer or other communication system, (a) If a payment order addressed to a receiving bank is transmitted to a funds-transfer system or other third-party communication system for transmittal to the bank, the system is deemed to be an agent of the sender for the purpose of transmitting the payment order to the bank. If there is a discrepancy between the terms of the payment order transmitted to the system and the terms of the payment order transmitted by the system to the bank, the terms of the payment order of the sender are those transmitted by the system. This Code section does not apply to a funds-transfer system of the Federal Reserve Banks.
(b) This Code section applies to cancellations and amendments of payment orders to the same extent it applies to payment orders.
11-4A-207. Misdescription of beneficiary, (a) Subject to subsection (b), if, in a payment order received by the beneficiary's bank, the name, bank account number, or other identification of the beneficiary refers to a nonexistent or unidentifiable person or
account, no person has rights as a beneficiary of the order and acceptance of the order cannot occur.
(b) If a payment order received by the beneficiary's bank identifies the beneficiary
both by name and by an identifying or bank account number and the name and number identify different persons, the following rules apply:
(1) Except as otherwise provided in subsection (c), if the beneficiary's bank does not know that the name and number refer to different persons, it may rely on the number as the proper identification of the beneficiary of the order. The beneficiary's
bank need not determine whether the name and number refer to the same person. (2) If the beneficiary's bank pays the person identified by name or knows that the
name and number identify different persons, no person has rights as beneficiary except the person paid by the beneficiary's bank if that person was entitled to receive payment from the originator of the funds transfer. If no person has rights as benefi-
ciary, acceptance of the order cannot occur.
(c) If (i) a payment order described in subsection (b) is accepted, (ii) the originator's payment order described the beneficiary inconsistently by name and number, and (iii) the beneficiary's bank pays the person identified by number as permitted by subsection
(b)(l), the following rules apply:
(1) If the originator is a bank, the originator is obliged to pay its order. (2) If the originator is not a bank and proves that the person identified by number was not entitled to receive payment from the originator, the originator is not obliged
to pay its order unless the originator's bank proves that the originator, before acceptance of the originator's order, had notice that payment of a payment order issued by
the originator might be made by the beneficiary's bank on the basis of an identifying or bank account number even if it identifies a person different from the named beneficiary. Proof of notice may be made by any admissible evidence. The originator's
bank satisfies the burden of proof if it proves that the originator, before the payment order was accepted, signed a writing stating the information to which the notice
relates. (d) In a case governed by subsection (b)(l), if the beneficiary's bank rightfully pays
the person identified by number and that person was not entitled to receive payment from the originator, the amount paid may be recovered from that person to the extent
allowed by the law governing mistake and restitution as follows: (1) If the originator is obliged to pay its payment order as stated in subsection (c),
the originator has the right to recover. (2) If the originator is not a bank and is not obliged to pay its payment order, the
originator's bank has the right to recover.

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11-4A-208. Misdescription of intermediary bank or beneficiary's bank, (a) This subsection applies to a payment order identifying an intermediary bank or the beneficiary's bank only by an identifying number.
(1) The receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank and need not determine whether the number identifies a bank.
(2) The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting to execute the order, (b) This subsection applies to a payment order identifying an intermediary bank or the beneficiary's bank both by name and an identifying number if the name and number identify different persons.
(1) If the sender is a bank, the receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank if the receiving bank, when it executes the sender's order, does not know that the name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person or whether the number refers to a bank. The sender is obliged to compensate the receiving bank for any loss and expenses incurred by the receiving bank as a result of its reliance on the number in executing or attempting
to execute the order. (2) If the sender is not a bank and the receiving bank proves that the sender,
before the payment order was accepted, had notice that the receiving bank might rely on the number as the proper identification of the intermediary or beneficiary's bank even if it identifies a person different from the bank identified by name, the rights and obligations of the sender and the receiving bank are governed by subsection
(b)(l), as though the sender were a bank. Proof of notice may be made by any admissible evidence. The receiving bank satisfies the burden of proof if it proves that the
sender, before the payment order was accepted, signed a writing stating the information to which the notice relates.
(3) Regardless of whether the sender is a bank, the receiving bank may rely on the name as the proper identification of the intermediary or beneficiary's bank if the
receiving bank, at the time it executes the sender's order, does not know that the
name and number identify different persons. The receiving bank need not determine whether the name and number refer to the same person.
(4) If the receiving bank knows that the name and number identify different per-
sons, reliance on either the name or the number in executing the sender's payment order is a breach of the obligation stated in Code Section ll-4A-302(a)(l).
11-4A-209. Acceptance of payment order, (a) Subject to subsection (d), a receiving bank other than the beneficiary's bank accepts a payment order when it executes the order,
(b) Subject to subsections (c) and (d), a beneficiary's bank accepts a payment order
at the earliest of the following times:
(1) When the bank (i) pays the beneficiary as stated in Code Section ll-4A-405(a) or ll-4A-405(b), or (ii) notifies the beneficiary of receipt of the order or that the
account of the beneficiary has been credited with respect to the order unless the notice indicates that the bank is rejecting the order or that funds with respect to the order may not be withdrawn or used until receipt of payment from the sender of the
order;
(2) When the bank receives payment of the entire amount of the sender's order pursuant to Code Section ll-4A-403(a)(l) or ll-4A-403(a)(2); or
(3) The opening of the next funds-transfer business day of the bank following the
payment date of the order if, at that time, the amount of the sender's order is fully covered by a withdrawable credit balance in an authorized account of the sender or the bank has otherwise received full payment from the sender, unless the order was
rejected before that time or is rejected within (i) one hour after that time, or (ii) one hour after the opening of the next business day of the sender following the payment
date if that time is later. If notice of rejection is received by the sender after the payment date and the authorized account of the sender does not bear interest, the bank

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is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the payment date to the day the sender receives notice or learns that the order was not accepted, counting that day as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest payable is reduced accordingly. (c) Acceptance of a payment order cannot occur before the order is received by the receiving bank. Acceptance does not occur under subsection (b)(2) or (b)(3) if the beneficiary of the payment order does not have an account with the receiving bank, the account has been closed, or the receiving bank is not permitted by law to receive credits for the beneficiary's account.
(d) A payment order issued to the originator's bank cannot be accepted until the payment date if the bank is the beneficiary's bank, or the execution date if the bank is not the beneficiary's bank. If the originator's bank executes the originator's payment order before the execution date or pays the beneficiary of the originator's payment order before the payment date and the payment order is subsequently canceled pursuant to Code Section ll-4A-211(b), the bank may recover from the beneficiary any payment received to the extent allowed by the law governing mistake and restitution.
11-4A-210. Rejection of payment order, (a) A payment order is rejected by the receiving bank by a notice of rejection transmitted to the sender orally, electronically, or in writing. A notice of rejection need not use any particular words and is sufficient
if it indicates that the receiving bank is rejecting the order or will not execute or pay the order. Rejection is effective when the notice is given if transmission is by a means that is reasonable in the circumstances. If notice of rejection is given by a means that
is not reasonable, rejection is effective when the notice is received. If an agreement of the sender and receiving bank establishes the means to be used to reject a payment order, (i) any means complying with the agreement is reasonable and (ii) any means not complying is not reasonable unless no significant delay in receipt of the notice resulted from the use of the noncomplying means.
(b) This subsection applies if a receiving bank other than the beneficiary's bank fails to execute a payment order despite the existence on the execution date of a withdraw-
able credit balance in an authorized account of the sender sufficient to cover the order.
If the sender does not receive notice of rejection of the order on the execution date and the authorized account of the sender does not bear interest, the bank is obliged to pay
interest to the sender on the amount of the order for the number of days elapsing after the execution date to the earlier of the day the order is canceled pursuant to Code Sec-
tion ll-4A-211(d) or the day the sender receives notice or learns that the order was not executed, counting the final day of the period as an elapsed day. If the withdrawable
credit balance during that period falls below the amount of the order, the amount of
interest is reduced accordingly. (c) If a receiving bank suspends payments, all unaccepted payment orders issued to
it are deemed rejected at the time the bank suspends payments. (d) Acceptance of a payment order precludes a later rejection of the order. Rejection
of a payment order precludes a later acceptance of the order. 11-4A-211. Cancellation and amendment of payment order, (a) A communication of
the sender of a payment order canceling or amending the order may be transmitted to
the receiving bank orally, electronically, or in writing. If a security procedure is in effect between the sender and the receiving bank, the communication is not effective to cancel
or amend the order unless the communication is verified pursuant to the security proce-
dure or the bank agrees to the cancellation or amendment. (b) Subject to subsection (a), a communication by the sender canceling or amending
a payment order is effective to cancel or amend the order if notice of the communication
is received at a time and in a manner affording the receiving bank a reasonable opportunity to act on the communication before the bank accepts the payment order.
(c) After a payment order has been accepted, cancellation or amendment of the order is not effective unless the receiving bank agrees or a funds-transfer system rule allows
cancellation or amendment without agreement of the bank. (1) With respect to a payment order accepted by a receiving bank other than the
beneficiary's bank, cancellation or amendment is not effective unless a conforming

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cancellation or amendment of the payment order issued by the receiving bank is also made.
(2) With respect to a payment order accepted by the beneficiary's bank, cancellation or amendment is not effective unless the order was issued in execution of an unauthorized payment order, or because of a mistake by a sender in the funds transfer which resulted in the issuance of a payment order (i) that is a duplicate of a payment order previously issued by the sender, (ii) that orders payment to a beneficiary not entitled to receive payment from the originator, or (iii) that orders payment in an amount greater than the amount the beneficiary was entitled to receive from the originator. If the payment order is canceled or amended, the beneficiary's bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution. (d) An unaccepted payment order is canceled by operation of law at the close of the fifth funds-transfer business day of the receiving bank after the execution date or payment date of the order. (e) A canceled payment order cannot be accepted. If an accepted payment order is canceled, the acceptance is nullified and no person has any right or obligation based on the acceptance. Amendment of a payment order is deemed to be cancellation of the original order at the time of amendment and issue of a new payment order in the amended form at the same time. (f) Unless otherwise provided in an agreement of the parties or in a funds-transfer system rule, if the receiving bank, after accepting a payment order, agrees to cancellation or amendment of the order by the sender or is bound by a funds-transfer system rule allowing cancellation or amendment without the bank's agreement, the sender, whether or not cancellation or amendment is effective, is liable to the bank for any loss and expenses, including reasonable attorney's fees, incurred by the bank as a result of the cancellation or amendment or attempted cancellation or amendment. (g) A payment order is not revoked by the death or legal incapacity of the sender unless the receiving bank knows of the death or of an adjudication of incapacity by a court of competent jurisdiction and has reasonable opportunity to act before acceptance of the order. (h) A funds-transfer system rule is not effective to the extent it conflicts with subsection (c)(2). 11-4A-212. Liability and duty of receiving bank regarding unaccepted payment order. If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach of the agreement to the extent provided in the agreement or in this article, but does not otherwise have any duty to accept a payment order or, before acceptance, to take any action, or refrain from taking action, with respect to the order except as provided in this article or by express agreement. Liability based on acceptance arises only when acceptance occurs as stated in Code Section 11-4A-209, and liability is limited to that provided in this article. A receiving bank is not the agent of the sender or beneficiary of the payment order it accepts, or of any other party to the funds transfer, and the bank owes no duty to any party to the funds transfer except as provided in this article or by express agreement.
Part 3 Execution of Sender's Payment
Order by Receiving Bank
11-4A-301. Execution and execution date, (a.) A payment order is 'executed' by the receiving bank when it issues a payment order intended to carry out the payment order received by the bank. A payment order received by the beneficiary's bank can be accepted but cannot be executed.
(b) 'Execution date' of a payment order means the day on which the receiving bank may properly issue a payment order in execution of the sender's order. The execution date may be determined by instruction of the sender but cannot be earlier than the day the order is received and, unless otherwise determined, is the day the order is received. If the sender's instruction states a payment date, the execution date is the payment date

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or an earlier date on which execution is reasonably necessary to allow payment to the beneficiary on the payment date.
11-4A-302. Obligations of receiving bank in execution of payment order, (a) Except as provided in subsections (b) through (d), if the receiving bank accepts a payment order pursuant to Code Section ll-4A-209(a), the bank has the following obligations in executing the order:
(1) The receiving bank is obliged to issue, on the execution date, a payment order complying with the sender's order and to follow the sender's instructions concerning (i) any intermediary bank or funds-transfer system to be used in carrying out the funds transfer, or (ii) the means by which payment orders are to be transmitted in the funds transfer. If the originator's bank issues a payment order to an intermediary bank, the originator's bank is obliged to instruct the intermediary bank according to the instruction of the originator. An intermediary bank in the funds transfer is similarly bound by an instruction given to it by the sender of the payment order it accepts.
(2) If the sender's instruction states that the funds transfer is to be carried out telephonically or by wire transfer or otherwise indicates that the funds transfer is to be carried out by the most expeditious means, the receiving bank is obliged to transmit its payment order by the most expeditious available means, and to instruct any intermediary bank accordingly. If a sender's instruction states a payment date, the receiving bank is obliged to transmit its payment order at a time and by means reasonably necessary to allow payment to the beneficiary on the payment date or as soon thereafter as is feasible.
(b) Unless otherwise instructed, a receiving bank executing a payment order may (i) use any funds-transfer system if use of that system is reasonable in the circumstances, and (ii) issue a payment order to the beneficiary's bank or to an intermediary bank through which a payment order conforming to the sender's order can expeditiously be issued to the beneficiary's bank if the receiving bank exercises ordinary care in the selection of the intermediary bank. A receiving bank is not required to follow an instruction of the sender designating a funds-transfer system to be used in carrying out the funds transfer if the receiving bank, in good faith, determines that it is not feasible to follow the instruction or that following the instruction would unduly delay completion of the funds transfer.
(c) Unless subsection (a) (2) applies or the receiving bank is otherwise instructed, the bank may execute a payment order by transmitting its payment order by first class mail or by any means reasonable in the circumstances. If the receiving bank is instructed to execute the sender's order by transmitting its payment order by a particular means, the receiving bank may issue its payment order by the means stated or by any means as expeditious as the means stated.
(d) Unless instructed by the sender, the receiving bank (i) may not obtain payment of its charges for services and expenses in connection with the execution of the sender's order by issuing a payment order in an amount equal to the amount of the sender's order less the amount of the charges, and (ii) may not instruct a subsequent receiving bank to obtain payment of its charges in the same manner.
11-4A-303. Erroneous execution of payment order, (a) A receiving bank that (i) executes the payment order of the sender by issuing a payment order in an amount greater than the amount of the sender's order, or (ii) issues a payment order in execution of the sender's order and then issues a duplicate order, is entitled to payment of the amount of the sender's order under Code Section ll-4A-402(c) if that subsection is otherwise satisfied. The bank is entitled to recover from the beneficiary of the erroneous order the excess payment received to the extent allowed by the law governing mistake and restitution.
(b) A receiving bank that executes the payment order of the sender by issuing a payment order in an amount less than the amount of the sender's order is entitled to payment of the amount of the sender's order under Code Section ll-4A-402(c) if (i) that subsection is otherwise satisfied and (ii) the bank corrects its mistake by issuing an additional payment order for the benefit of the beneficiary of the sender's order. If the

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error is not corrected, the issuer of the erroneous order is entitled to receive or retain payment from the sender of the order it accepted only to the extent of the amount of the erroneous order. This subsection does not apply if the receiving bank executes the sender's payment order by issuing a payment order in an amount less than the amount of the sender's order for the purpose of obtaining payment of its charges for services and expenses pursuant to instruction of the sender.
(c) If a receiving bank executes the payment order of the sender by issuing a payment order to a beneficiary different from the beneficiary of the sender's order and the funds transfer is completed on the basis of that error, the sender of the payment order that was erroneously executed and all previous senders in the funds transfer are not obliged to pay the payment orders they issued. The issuer of the erroneous order is entitled to recover from the beneficiary of the order the payment received to the extent allowed by the law governing mistake and restitution.
11-4A-304. Duty of sender to report erroneously executed payment order. If the sender of a payment order that is erroneously executed as stated in Code Section 11-4A-303 receives notification from the receiving bank that the order was executed or that the sender's account was debited with respect to the order, the sender has a duty to exercise ordinary care to determine, on the basis of information available to the sender, that the order was erroneously executed and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days after the notification from the bank was received by the sender. If the sender fails to perform that duty, the bank is not obliged to pay interest on any amount refundable to the sender under Code Section ll-4A-402(d) for the period before the bank learns of the execution error. The bank is not entitled to any recovery from the sender on account of a failure by the sender to perform the duty stated in this section.
11-4A-305. Liability for late or improper execution or failure to execute payment order, (a) If a funds transfer is completed but execution of a payment order by the receiving bank in breach of Code Section 11-4A-302 results in delay in payment to the beneficiary, the bank is obliged to pay interest to either the originator or the beneficiary of the funds transfer for the period of delay caused by the improper execution. Except as provided in subsection (c), additional damages are not recoverable.
(b) If execution of a payment order by a receiving bank in breach of Code Section 11-4A-302 results in (i) noncompletion of the funds transfer, (ii) failure to use an intermediary bank designated by the originator, or (iii) issuance of a payment order that does not comply with the terms of the payment order of the originator, the bank is liable to the originator for its expenses in the funds transfer and for incidental expenses and interest losses, to the extent not covered by subsection (a), resulting from the improper execution. Except as provided in subsection (c), additional damages are not recoverable.
(c) In addition to the amounts payable under subsections (a) and (b), damages, including consequential damages, are recoverable to the extent provided in an express written agreement of the receiving bank.
(d) If a receiving bank fails to execute a payment order it was obliged by express agreement to execute, the receiving bank is liable to the sender for its expenses in the transaction and for incidental expenses and interest losses resulting from the failure to execute. Additional damages, including consequential damages, are recoverable to the extent provided in an express written agreement of the receiving bank, but are not otherwise recoverable.
(e) Reasonable attorney's fees are recoverable if demand for compensation under subsection (a) or (b) is made and refused before an action is brought on the claim. If a claim is made for breach of an agreement under subsection (d) and the agreement does not provide for damages, reasonable attorney's fees are recoverable if demand for compensation under subsection (d) is made and refused before an action is brought on the claim.
(f) Except as stated in this Code section, the liability of a receiving bank under subsections (a) and (b) may not be varied by agreement.

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Part 4 Payment
11-4A-401. Payment date. 'Payment date' of a payment order means the day on which the amount of the order is payable to the beneficiary by the beneficiary's bank. The payment date may be determined by instruction of the sender but cannot be earlier than the day the order is received by the beneficiary's bank and, unless otherwise determined, is the day the order is received by the beneficiary's bank.
11-4A-402. Obligation of sender to pay receiving bank, (a) This section is subject to Code Sections 11-4A-205 and 11-4A-207.
(b) With respect to a payment order issued to the beneficiary's bank, acceptance of the order by the bank obliges the sender to pay the bank the amount of the order, but payment is not due until the payment date of the order.
(c) This subsection is subject to subsection (e) and to Code Section 11-4A-303. With respect to a payment order issued to a receiving bank other than the beneficiary's bank, acceptance of the order by the receiving bank obliges the sender to pay the bank the amount of the sender's order. Payment by the sender is not due until the execution date of the sender's order. The obligation of that sender to pay its payment order is excused if the funds transfer is not completed by acceptance by the beneficiary's bank of a payment order instructing payment to the beneficiary of that sender's payment order.
(d) If the sender of a payment order pays the order and was not obliged to pay all or part of the amount paid, the bank receiving payment is obliged to refund payment to the extent the sender was not obliged to pay. Except as provided in Code Sections 11-4A-204 and 11-4A-304, interest is payable on the refundable amount from the date of payment.
(e) If a funds transfer is not completed as stated in subsection (c) and an intermediary bank is obliged to refund payment as stated in subsection (d) but is unable to do so because not permitted by applicable law or because the bank suspends payments, a sender in the funds transfer that executed a payment order in compliance with an instruction, as stated in Code Section ll-4A-302(a)(l), to route the funds transfer through that intermediary bank is entitled to receive or retain payment from the sender of the payment order that it accepted. The first sender in the funds transfer that issued an instruction requiring routing through that intermediary bank is subrogated to the right of the bank that paid the intermediary bank to refund as stated in subsection (d).
(f) The right of the sender of a payment order to be excused from the obligation to pay the order as stated in subsection (c) or to receive refund under subsection (d) may not be varied by agreement.
11-4A-403. Payment by sender to receiving bank, (a) Payment of the sender's obligation under Code Section 11-4A-402 to pay the receiving bank occurs as follows:
(1) If the sender is a bank, payment occurs when the receiving bank receives final settlement of the obligation through a Federal Reserve Bank or through a fundstransfer system.
(2) If the sender is a bank and the sender (i) credited an account of the receiving bank with the sender, or (ii) caused an account of the receiving bank in another bank to be credited, payment occurs when the credit is withdrawn or, if not withdrawn, at midnight of the day on which the credit is withdrawable and the receiving bank learns of that fact.
(3) If the receiving bank debits an account of the sender with the receiving bank, payment occurs when the debit is made to the extent the debit is covered by a withdrawable credit balance in the account. (b) If the sender and receiving bank are members of a funds-transfer system that nets obligations multilaterally among participants, the receiving bank receives final settlement when settlement is complete in accordance with the rules of the system. The obligation of the sender to pay the amount of a payment order transmitted through the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against the sender's obligation the right of the sender to receive payment from the receiving bank of the amount of any other payment order transmitted to the sender by the receiving bank through the funds-transfer system. The

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aggregate balance of obligations owed by each sender to each receiving bank in the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against that balance the aggregate balance of obligations owed to the sender by other members of the system. The aggregate balance is determined after the right of setoff stated in the second sentence of this subsection has been exercised.
(c) If two banks transmit payment orders to each other under an agreement that settlement of the obligations of each bank to the other under Code Section 11-4A-402 will be made at the end of the day or other period, the total amount owed with respect to all orders transmitted by one bank shall be set off against the total amount owed with respect to all orders transmitted by the other bank. To the extent of the setoff, each bank has made payment to the other.
(d) In a case not covered by subsection (a), the time when payment of the sender's obligation under Code Section ll-4A-402(b) or ll-4A-402(c) occurs is governed by applicable principles of law that determine when an obligation is satisfied.
11-4A-404. Obligation of beneficiary's bank to pay and give notice to
beneficiary, (a) Subject to Code Sections ll-4A-211(e), ll-4A-405(d), and ll-4A-405(e), if a beneficiary's bank accepts a payment order, the bank is obliged to pay
the amount of the order to the beneficiary of the order. Payment is due on the payment date of the order, but if acceptance occurs on the payment date after the close of the funds-transfer business day of the bank, payment is due on the next funds-transfer busi-
ness day. If the bank refuses to pay after demand by the beneficiary and receipt of notice of particular circumstances that will give rise to consequential damages as a result of nonpayment, the beneficiary may recover damages resulting from the refusal to pay
to the extent the bank had notice of the damages, unless the bank proves that it did not pay because of a reasonable doubt concerning the right of the beneficiary to pay-
ment. (b) If a payment order accepted by the beneficiary's bank instructs payment to an
account of the beneficiary, the bank is obliged to notify the beneficiary of receipt of the
order before midnight of the next funds-transfer business day following the payment date. If the payment order does not instruct payment to an account of the beneficiary,
the bank is required to notify the beneficiary only if notice is required by the order. Notice may be given by first-class mail or any other means reasonable in the circum-
stances. If the bank fails to give the required notice, the bank is obliged to pay interest to the beneficiary on the amount of the payment order from the day notice should have
been given until the day the beneficiary learned of receipt of the payment order by the bank. No other damages are recoverable. Reasonable attorney's fees are also recoverable if demand for interest is made and refused before an action is brought on the claim.
(c) The right of a beneficiary to receive payment and damages as stated in subsection (a) may not be varied by agreement or a funds-transfer system rule. The right of
a beneficiary to be notified as stated in subsection (b) may be varied by agreement of the beneficiary or by a funds-transfer system rule if the beneficiary is notified of the rule before initiation of the funds transfer.
11-4A-405. Payment by beneficiary's bank to beneficiary, (a) If the beneficiary's bank credits an account of the beneficiary of a payment order, payment of the bank's obligation under Code Section ll-4A-404(a) occurs when and to the extent (i) the bene-
ficiary is notified of the right to withdraw the credit, (ii) the bank lawfully applies the credit to a debt of the beneficiary, or (iii) funds with respect to the order are otherwise
made available to the beneficiary by the bank. (b) If the beneficiary's bank does not credit an account of the beneficiary of a pay-
ment order, the time when payment of the bank's obligation under Code Section
ll-4A-404(a) occurs is governed by principles of law that determine when an obligation is satisfied.
(c) Except as stated in subsections (d) and (e), if the beneficiary's bank pays the beneficiary of a payment order under a condition to payment or agreement of the beneficiary giving the bank the right to recover payment from the beneficiary if the bank
does not receive payment of the order, the condition to payment or agreement is not enforceable.

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(d) A funds-transfer system rule may provide that payments made to beneficiaries of funds transfers made through the system are provisional until receipt of payment by the beneficiary's bank of the payment order it accepted. A beneficiary's bank that makes a payment that is provisional under the rule is entitled to refund from the beneficiary if (i) the rule requires that both the beneficiary and the originator be given notice of the provisional nature of the payment before the funds transfer is initiated, (ii) the beneficiary, the beneficiary's bank and the originator's bank agreed to be bound by the rule, and (iii) the beneficiary's bank did not receive payment of the payment order that it accepted. If the beneficiary is obliged to refund payment to the beneficiary's bank, acceptance of the payment order by the beneficiary's bank is nullified and no payment by the originator of the funds transfer to the beneficiary occurs under Code Section 11-4A-406.
(e) This subsection applies to a funds transfer that includes a payment order transmitted over a funds-transfer system that (i) nets obligations multilaterally among participants, and (ii) has in effect a loss-sharing agreement among participants for the purpose of providing funds necessary to complete settlement of the obligations of one or more participants that do not meet their settlement obligations. If the beneficiary's bank in the funds transfer accepts a payment order and the system fails to complete settlement pursuant to its rules with respect to any payment order in the funds transfer, (i) the acceptance by the beneficiary's bank is nullified and no person has any right or obligation based on the acceptance, (ii) the beneficiary's bank is entitled to recover payment from the beneficiary, (iii) no payment by the originator to the beneficiary occurs under Code Section 11-4A-406, and (iv) subject to Code Section ll-4A-402(e), each sender in the funds transfer is excused from its obligation to pay its payment order under Code Section ll-4A-402(c) because the funds transfer has not been completed.
11-4A-406. Payment by originator to beneficiary; discharge of underlying obligation, (a) Subject to Code Sections ll-4A-211(e), ll-4A-405(d), and ll-4A-405(e), the originator of a funds transfer pays the beneficiary of the originator's payment order (i) at the time a payment order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds transfer and (ii) in an amount equal to the amount of the order accepted by the beneficiary's bank, but not more than the amount of the originator's order.
(b) If payment under subsection (a) is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless (i) the payment under subsection (a) was made by a means prohibited by the contract of the beneficiary with respect to the obligation, (ii) the beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary's bank, notified the originator of the beneficiary's refusal of the payment, (iii) funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary, and (iv) the beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract. If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary's bank under Code Section ll-4A-404(a).
(c) For the purpose of determining whether discharge of an obligation occurs under subsection (b), if the beneficiary's bank accepts a payment order in an amount equal to the amount of the originator's payment order less charges of one or more receiving banks in the funds transfer, payment to the beneficiary is deemed to be in the amount of the originator's order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges.
(d) Rights of the originator or of the beneficiary of a funds transfer under this Code section may be varied only by agreement of the originator and the beneficiary.
Part 5 Miscellaneous Provisions
11-4A-501. Variation by agreement and effect of funds-transfer system rule, (a) Except as otherwise provided in this article, the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party.

MONDAY, FEBRUARY 17, 1992

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(b) 'Funds-transfer system rule' means a rule of an association of banks (i) governing transmission of payment orders by means of a funds-transfer system of the association or rights and obligations with respect to those orders, or (ii) to the extent the rule governs rights and obligations between banks that are parties to a funds transfer in which a Federal Reserve Bank, acting as an intermediary bank, sends a payment order to the beneficiary's bank. Except as otherwise provided in this article, a funds-transfer system rule governing rights and obligations between participating banks using the system may be effective even if the rule conflicts with this Article and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system rule may also govern rights and obligations of parties other than participating banks using the system to the extent stated in Code Sections ll-4A-404(c), ll-4A-405(d), and ll-4A-507(c).
11-4A-502. Creditor process served on receiving bank; setoff by beneficiary's bank, (a) As used in this section, 'creditor process' means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account.
(b) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the payment order the balance in the authorized account is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditor process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.
(c) If a beneficiary's bank has received a payment order for payment to the beneficiary's account in the bank, the following rules apply:
(1) The bank may credit the beneficiary's account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account.
(2) The bank may credit the beneficiary's account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal.
(3) If creditor process with respect to the beneficiary's account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.
(d) Creditor process with respect to a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiary's bank with respect to the debt owed by that bank to the beneficiary. Any other bank served with the creditor process is not obliged to act with respect to the process.
11-4A-503. Injunction or restraining order with respect to funds transfer. For proper cause and in compliance with applicable law, a court may restrain (i) a person from issuing a payment order to initiate a funds transfer, (ii) an originator's bank from executing the payment order of the originator, or (iii) the beneficiary's bank from releasing funds to the beneficiary or the beneficiary from withdrawing the funds. A court may not otherwise restrain a person from issuing a payment order, paying or receiving payment of a payment order, or otherwise acting with respect to a funds transfer.
11-4A-504. Order in which items and payment orders may be charged to account; order of withdrawals from account, (a) If a receiving bank has received more than one payment order of the sender or one or more payment orders and other items that are payable from the sender's account, the bank may charge the sender's account with respect to the various orders and items in any sequence.
(b) In determining whether a credit to an account has been withdrawn by the holder of the account or applied to a debt of the holder of the account, credits first made to the account are first withdrawn or applied.
11-4A-505. Preclusion of objection to debit of customer's account. If a receiving bank has received payment from its customer with respect to a payment order issued in the

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name of the customer as sender and accepted by the bank, and the customer received notification reasonably identifying the order, the customer is precluded from asserting that the bank is not entitled to retain the payment unless the customer notifies the bank of the customer's objection to the payment within one year after the notification was received by the customer.
11-4A-506. Rate of interest, (a) If, under this article, a receiving bank is obliged to pay interest with respect to a payment order issued to the bank, the amount payable may be determined (i) by agreement of the sender and receiving bank, or (ii) by a fundstransfer system rule if the payment order is transmitted through a funds-transfer system.
(b) If the amount of interest is not determined by an agreement or rule as stated in subsection (a), the amount is calculated by multiplying the applicable Federal Funds rate by the amount on which interest is payable, and then multiplying the product by the number of days for which interest is payable. The applicable Federal Funds rate is the average of the Federal Funds rates published by the Federal Reserve Bank of New York for each of the days for which interest is payable divided by 360. The Federal Funds rate for any day on which a published rate is not available is the same as the published rate for the next preceding day for which there is a published rate. If a receiving bank that accepted a payment order is required to refund payment to the sender of the order because the funds transfer was not completed, but the failure to complete was not due to any fault by the bank, the interest payable is reduced by a percentage equal to the reserve requirement on deposits of the receiving bank.
11-4A-507. Choice of law. (a) The following rules apply unless the affected parties otherwise agree or subsection (c) applies:
(1) The rights and obligations between the sender of a payment order and the receiving bank are governed by the law of the jurisdiction in which the receiving bank is located.
(2) The rights and obligations between the beneficiary's bank and the beneficiary are governed by the law of the jurisdiction in which the beneficiary's bank is located.
(3) The issue of when payment is made pursuant to a funds transfer by the originator to the beneficiary is governed by the law of the jurisdiction in which the beneficiary's bank is located.
(b) If the parties described in each paragraph of subsection (a) have made an agreement selecting the law of a particular jurisdiction to govern rights and obligations between each other, the law of that jurisdiction governs those rights and obligations, whether or not the payment order or the funds transfer bears a reasonable relation to that jurisdiction.
(c) A funds-transfer system rule may select the law of a particular jurisdiction to govern (i) rights and obligations between participating banks with respect to payment orders transmitted or processed through the system, or (ii) the rights and obligations of some or all parties to a funds transfer any part of which is carried out by means of the system. A choice of law made pursuant to clause (i) is binding on participating banks. A choice of law made pursuant to clause (ii) is binding on the originator, other sender, or a receiving bank having notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system when the originator, other sender, or receiving bank issued or accepted a payment order. The beneficiary of a funds transfer is bound by the choice of law if, when the funds transfer is initiated, the beneficiary has notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system. The law of a jurisdiction selected pursuant to this subsection may govern, whether or not that law bears a reasonable relation to the matter in issue.
(d) In the event of inconsistency between an agreement under subsection (b) and a choice-of-law rule under subsection (c), the agreement under subsection (b) prevails.
(e) If a funds transfer is made by use of more than one funds-transfer system and there is inconsistency between choice-of-law rules of the systems, the matter in issue is governed by the law of the selected jurisdiction that has the most significant relationship to the matter in issue."

MONDAY, FEBRUARY 17, 1992

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

HB 1539.

By Representatives Buck of the 95th, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 5 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to miscellaneous offenses and penalties of persons, firms, or corporations subject to the jurisdiction of the Public Service Commission, so as to authorize the commission to impose and collect certain fines, assessments, and interest in connection with persons, firms, or corporations operating as household goods carriers without having a valid certificate of public convenience and necessity.

The following Committee substitute was read and adopted:

A BILL
To amend Article 5 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to miscellaneous offenses and penalties of persons, firms, or corporations subject to the jurisdiction of the Public Service Commission, so as to authorize the commission to impose and collect certain fines, assessments, and interest in connection with persons, firms, or corporations operating as household goods carriers for hire without having a valid certificate of public convenience and necessity; to provide for penalties; to provide that the imposition of fines and assessments by the commission shall not bar criminal prosecution; 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 5 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to miscellaneous offenses and penalties of persons, firms, or corporations subject to the jurisdiction of the Public Service Commission, is amended by striking paragraph (1) of subsection (b) of Code Section 46-2-91, relating to penalties recoverable by the Public Service Commission, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) The commission, after a hearing conducted after not less than 30 days' notice, shall determine whether any utility has willfully violated any law administered by the commission or any duly promulgated regulation issued thereunder, or has failed, neglected, or refused to comply with any order of the commission. Upon an appropriate finding of a violation, the commission may impose by order such civil penalties as are provided by subsection (a) of this Code section or by subsection (a) of Code Section 46-2-94. In each such proceeding, the commission shall maintain a record as provided in paragraph (8) of subsection (a) of Code Section 50-13-13 including all pleadings, a transcript of proceedings, a statement of each matter of which the commission takes official notice, and all staff memoranda or data submitted to the commission in connection with its consideration of the case. All penalties and interest thereon (at the rate of 10 percent per annum) recovered by the commission shall be paid into the general fund of the state treasury."
Section 2. Said article is further amended by adding at the end thereof a new Code Section 46-2-94 to read as follows:

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"46-2-94. (a) Whenever the commission, after a hearing conducted in accordance with the provisions of subsection (b) of Code Section 46-2-91, finds that any person, firm, or corporation is operating as a household goods carrier for hire without a valid certificate of public convenience and necessity issued by the commission or is holding itself out as such a carrier without such a certificate in violation of subsection (b) of this Code section, the commission may impose a fine of not more than $5,000.00 for each violation. The commission may assess the person, firm, or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission may also assess interest at the rate specified in paragraph (1) of subsection (b) of Code Section 46-2-91 on any fine or assessment imposed, to commence on the day the fine or assessment becomes delinquent. All fines, assessments, and interest collected by the commission shall be paid into the general fund of the state treasury. Any party aggrieved by a decision of the commission under this subsection may seek judicial review as provided in subsection (c) of Code Section 46-2-91.
(b) Any person, firm, or corporation who knowingly and willfully issues, publishes, or affixes or causes or permits the issuance, publishing, or affixing of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereof, that the person, firm, or corporation is in operation as a household goods carrier for hire without having a valid certificate of public convenience and necessity issued by the commission is guilty of a misdemeanor. Any fine or assessment imposed by the commission pursuant to the provisions of subsection (a) of this Code section shall not bar criminal prosecution pursuant to the provisions of this subsection."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1533. By Representatives Stancil of the 66th, Yeargin of the 14th, Birdsong of the 104th and Floyd of the 135th:
A bill to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to issuance by counties and municipalities of licenses for sale of distilled spirits by the drink, so as to change the population figures describing the counties subject to a provision allowing the governing authority to authorize by resolution or ordinance the issuance of licenses to sell alcoholic beverages by the drink to certain restaurants and private clubs after approval by the voters.
The report 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 3.
The Bill, having received the requisite constitutional majority, was passed.
Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 1115.

By Representative McKinney of the 35th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain municipalities.

MONDAY, FEBRUARY 17, 1992

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The following Committee substitute was read and adopted:

A BILL
To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain municipalities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended in subsection (c) by striking "and" at the end of paragraph (1), striking the period at the end of paragraph (2) and inserting "; and", and inserting at the end a new paragraph (3) to read as follows:
"(3) (A) Alcoholic beverages may be sold on Sundays between the hours of 12:30 P.M. and 12:00 Midnight at festivals. As used in this paragraph, the term 'festival' means eon a specific outdoor public celebration or gathering for which a license or permit has been issued by the appropriate governing authority which involves the use either of public parks or public streets and which includes entertainment, dancing, music, dramatic productions, art exhibition, parades, or the sale of merchandise, food or alcohol, or any combination of the foregoing; and which of necessity requires for its successful execution the provision and coordination of municipal services to a degree significantly over and above that which the city routinely provides under ordinary everyday circumstances. The definition of 'outdoor festival,' as used in this paragraph, does not include events which are solely parades, foot races, or political demonstrations unless such parade, foot race, or political demonstration is proposed as an integral part of a larger 'outdoor festival,' as defined in this paragraph.
(B) Notwithstanding the provisions of this paragraph, all persons and entities selling alcoholic beverages pursuant to this paragraph shall fully comply with all other applicable state and local license and permit requirements."
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 87, nays 26.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

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 1582.

By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses, so as to restrict solicitations for driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 1582 as follows:

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Page 1 ; Line 19
By striking "or personal solicitation". Add on line 19 after "by" the words "personal solicitation on public property, by" and add the word "or" after "phone"
Line 19 should read: "business by personal solicitation on public property, by phone or mail."

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 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 734. By Representatives Royal of the 144th, Colwell of the 4th and Murphy of the 18th:
A resolution designating the Jimmy Autry Correctional Institution.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 123, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1286.

By Representatives Kilgore of the 42nd and Holland of the 136th:
A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem property tax exemptions, so as to clarify certain conditions, limitations, and procedures under which taxpayers shall qualify for the freeport exemption.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem property tax exemptions, so as to clarify certain conditions, limitations, and procedures under which taxpayers shall qualify for the freeport exemption; to provide for definitions; to provide for stylistic revision; to provide for determination of exemption periods; to change the provisions regarding elections; to provide when such exemption may be commenced; to provide for statutory construction; to provide for duties of the state revenue commissioner; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem property tax exemptions, is amended by striking Code Section 48-5-48.1, relating to application for the freeport exemption, and inserting in its place a new Code Section 48-5-48.1 to read as follows:
"48-5-48.1. (a) Any person, firm, or corporation seeking an exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been authorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia or Code Section 48-5-48.2 shall file a written application and schedule

MONDAY, FEBRUARY 17, 1992

1029

of property with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation on forms to be furnished by such tax official. Such application shall be filed in the year in which exemption from taxation is sought no later than the date on which the tax receiver or tax commissioner of the county in which the property is located closes his books for the return of taxes.
(b) The application for the tangible personal property inventory exemption shall provide for:
(1) A schedule of the inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia;
(2) A schedule of the inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods; and
(3) A schedule of the inventory of finished goods which on January 1 are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment outside the State of Georgia and the inventory of finished goods which are shipped into the State of Georgia from outside this state and which are stored for transshipment to a final destination outside this state. The information required by Code Section 48-5-48.2 to be contained in the official books and records of the warehouse, dock, or wharf where such property is being stored, which official books and records are required to be open to the inspection of taxing authorities of this state and political subdivisions thereof, shall not be required to be included as a part of or to accompany the application for such exemption. (c) The failure to file properly the application and schedule shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year."
Section 2. Said article is further amended by striking Code Section 48-5-48.2, relating to the freeport exemption, and inserting in its place a new Code Section 48-5-48.2 to read as follows:
"48-5-48.2. Article VH^ Section Hy Paragraph HI (a> ef- the Constitution ef the State FStit led tn lyoZ continues m cilcc* trie exemption tor ccrtftin tsngi QIC per* erty, commonly Known fts tnc treeport exemption, lormeriy grsnteu Dy tnc
Constitution ef 1976. Said Article ;B5 Section H; Paragraph ffl (a) ef- the Constitution
subject te the same conditions, limitations, definitions, a4 procedures provided fer by the following provisions ef the Constitution ef 1976:
(a) As used in this Code section, the term: (1) 'Destined for shipment to a final destination outside this state' includes that
portion or percentage of an inventory of finished goods which the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year or other reasonable, documented method, is reasonably anticipated to be shipped to a final destination outside this state. Such other reasonable, documented method may only be utilized in the case of a new business, in the case of a substantial change in scope of an existing business, or in other unusual situations where a historical sales or shipment analysis does not adequately reflect future anticipated shipments to a final destination outside this state. It |s not necessary that the actual final destination be known as of January 1 in order to qualify for the exemption.
(2) 'Finished goods' shall mean goods, wares, and merchandise of every character and kind but shall not include unrecovered, unextracted, or unsevered natural resources or raw materials or goods in the process of manufacture or production or the stock in trade of a retailer.
(3) 'Raw materials' shall mean any material, whether crude or processed, that can be converted by manufacture, processing, or a combination thereof into a new and

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useful product but shall not include unrecovered, unextracted, or unsevered natural resources.
(4) 'Stock in trade of a retailer' means finished goods held by one in the business of making sales of such goods at retail in this state, within the meaning of Chapter 8 of this title, when such goods are held or stored at a business location from which such retail sales are regularly made. Goods stored in a warehouse, dock, or wharf, including a warehouse or distribution center which is part of or adjoins a place of business from which retail sales are regularly made, shall not be considered stock in trade of a retailer to the extent that the taxpayer can establish, through a historical sales analysis, which utilizes information from the preceding calendar year or other reasonable, documented method, the portion or percentage of such goods which is reasonably anticipated to be shipped to customers outside this state, where those customers are not the ultimate consumers of such goods but will be offering the shipped goods for resale purposes.
1 (b) The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for State state purposes, all or any combination of the following types of tangible personal property:
(1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State ef- Georgia this state. The exemption provided for herein in this paragraph shall apply only to tangible personal property which is substantially modified, altered; or changed in the ordinary course of the taxpayer's manufacturing, processing^ or production operations in this State, state;
(2) Inventory of finished goods manufactured or produced within the State ef Georgia this state in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for herein in this paragraph shall be for a period not exceeding twelve 413} 12 months from the date such property is produced or manufactured; ; or
(3) Inventory of finished goods which, on the first day ef January 1., are stored in a warehouse, dock2 or wharf, whether public or private, and which are destined for shipment to a final destination outside the State ef- Georgia this state and inventory of finished goods which are shipped into the State of Georgia this state from outside this State state and stored for transshipment to a final destination outside this State state. The exemption provided for herein in this paragraph shall be for a period not exceeding twelve 413} 12 months from the date such property is stored in this State stste. All property tfiftt ts clftifiicd to i&e exempt under trie provisions or tilts suosec~ tion sriQii tje design8.ted sts ocing tft tpflnsitupon tne otiici&l DOOMS &nd records of tne wflreiiousc, docK, of wnftpfj wnetnep public Of pnvste, wnerc sitciT. property ts oem^ stored. Such period shall be determined based on application of a first-in, first-out method of accounting for the inventory. Such The official books and records of the warehouse, dock, or wharf where such property is being stored shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such ^m transit" property; for which a freeport exemption has been claimed shall be at all times open to the inspection of all taxing authorities of this State state and of any political subdivision of this State state.

4a) "Finished Goods" shall moan goods, wares, and merchandise ef every eharac-
cesources, Of rsw msteriftls> of ^oods m trie process or mflnuiflcture of production, er the stock in-trade ef a retailer.

MONDAY, FEBRUARY 17, 1992

1031

\&7 t\flw JVlfltCPiflls sriflli mcftR 8fty mct*cpictl wrictfiCF ctuu of proccsscd tnst can be converted by manufacture, processing, or combination inte a new and useful

(c) Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided herein in this Code section, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined herein in this Code section which are being proposed to be exempted from taxation. The election superintendent shall set the date ef such election for a day net teas than 30 ner mere than 46 days after the date ef the issuance ef issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540 or 21-3-52, as applicable.
(d) The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided herein in this Code section may, by appropriate resolution, a copy of which shall be immediately transmitted to the State Revenue Commissioner state revenue commissioner, exempt from taxation 20V percent, 40V percent, 60V percent, 80V percent or all of the value of such tangible personal property as defined herein. Provided in this Code section; provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided hefeift in this Code section. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the State Revenue Commissioner; state revenue commissioner, provided; that such increase shall be in increments of 20V percent, 40V percent, 60V percent, or 80V percent of the value of such tangible personal property as defined herin in this Code section, within the discretion of such governing authority.
(e) (1) If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing with the next on the first day of any ensuing calendar year; j otherwise such exemption may not be granted. This paragraph is intended to clearly provide that following approval of such exemption in such referendum, such exemption may be granted on the first day of any calendar year following the year in which such referendum was conducted. This paragraph shall not be construed to imply that the granting of such exemption could not previously be delayed to any such calendar year.
(2) Exemptions may only be revoked by a referendum election called and conducted as provided herein; in this Code section, provided; that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum.1 (f) The commissioner shall by regulation adopt uniform procedures and forms for the use of local officials in the administration of this Code section. Said provisions ef the Constitution of 1976 shaH continue in effect as statutory law until otherwise provided for by tewr"
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:

1032

JOURNAL OF THE HOUSE,

Representatives Kilgore of the 42nd and Dover of the llth move to amend the Committee on Ways and Means substitute to HB 1286 by inserting a comma between the words "year" and "or" on line 1 of page 4.
By striking from lines 4 and 5 of page 5 the following:
"analysis, which utilizes information from the preceding calendar year",
and inserting in its place the following:
"or shipment analysis, either of which utilizes information from the preceding calendar year,"
By striking from lines 8 through 11 of page 5 the following:
"to customers outside this state, where those customers are not the ultimate consumers of such goods but will be offering the shipped goods for resale purposes.",
and inserting in its place the following:
"outside this state for resale purposes."

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

HB 559. By Representatives Smith of the 156th and Green of the 106th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for a Division of Irrigation Contractors.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for a Division of Irrigation Contractors; to provide for definitions; to provide for the licensing of irrigation contractors and for requirements and qualifications relative thereto; to provide for the suspension or revocation of licenses; to provide requirements relative to local governments; 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 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by adding a new Code Section 43-14-8.4 to read as follows:
"43-14-8.4. (a) For the purposes of this Code section, the term: (1) 'Division' means the Division of Irrigation Contractors.

MONDAY, FEBRUARY 17, 1992

1033

(2) 'Irrigation contracting' means the design, construction, repair, maintenance, improvement, and alteration of all or any portion of an irrigation system, including required wiring within that system and connection to the required power supply and the installation and connections to a public or private water supply system.
(3) 'Irrigation contractor' means any person, partnership, company, corporation, association, or organization of and type, or a combination of any of these, who undertakes for a fixed sum, fee, price, percentage, or compensation an irrigation contract.
(4) 'Irrigation system' means any assemblage of components, materials, or special equipment which is designed, constructed, and installed for controlled dispersion of water from any safe and suitable source including properly treated waste-water for the express purpose of irrigation of vegetation to include integral pumping systems and integral control systems for manual, semiautomatic, or automatic control of the operation of said systems. (b) After January 1, 1993, no person shall engage in irrigation contracting unless such person has a valid license as an irrigation contractor from the Division of Irrigation Contractors. (c) The board shall:
(1) Review the qualifications of applicants for license; (2) Ensure the proper conduct and standards of examinations; (3) Issue and renew licenses as provided in this Code section; (4) Suspend, revoke, or fail to renew the licenses issued under this Code section; (5) Maintain a record of every license holder, the holder's place of business and place of residence, and the date and number of the license; and (6) Promulgate rules and regulations necessary for the performance of its duties and the implementation of this Code section. (d) To be eligible for a license as an irrigation contractor, an applicant shall submit to the board satisfactory evidence that the applicant: (1) Is of good moral character; (2) Is 18 years of age or older; (3) Has successfully completed an examination administered by the board to determine the applicant's competence to be licensed; and (4) That the applicant has had a minimum of three years of experience in the field of irrigation contracting. (e) The board shall formulate a comprehensive and realistic examination for the purpose of determining the knowledge, ability, and fitness of applicants to perform as irrigation contractors and shall conduct such examinations at least twice per year at a time and place to be determined by the board. The board shall give adequate written notice of the examinations to the applicants. (f) A fee fixed by regulation of the board shall accompany each application for license. Licenses shall expire biennially on January 31 and may be renewed upon submission of a renewal application provided by the board and payment of a renewal fee fixed by regulation of the board. If the renewal fee is not paid by that date, the license shall automatically expire; but may be renewed within two years of its expiration date on payment to the board of a sum determined by it for each year or part thereof during which the license was expired. After a two-year period, a license may be renewed only by complying with the requirements of this Code section regarding initial licensing.
(g) An applicant who fails the first examination may take a second examination not less than six months nor more than two years from the date of the initial examination. Additional examinations shall be in accordance with standards set by the board.
(h) The board may suspend, revoke, or refuse to renew the license of any irrigation
contractor the board finds guilty of:
(1) Violations of this Code section or rules adopted under this Code section;
(2) Fraud or deceit in obtaining a license; or
(3) Gross negligence, incompetency, or misconduct while acting as a licensed irrigation contractor. (i) Every municipality, county, or other political subdivision which requires the issuance of a permit prior to the performance of any type of work requiring a license under

1034

JOURNAL OF THE HOUSE,

the provisions of this Code section shall also require that the applicant file a signed statement in a form prescribed by the board certifying that he holds a valid and current license under this Code section, or if the applicant claims exemption under the provisions of this Code section, a statement of the basis for such exemption.
(j) The issuance of an irrigation contractor's license by the board shall authorize any license holder to perform irrigation contracting in any municipality, county, or other political subdivision of this state and no further examinations or special licenses may be required of the license holder, except business licenses, permit fees, and such other standard licenses and fees as may be required of any person to do business within their respective jurisdictions.
(k) The following persons or activities shall be exempt from the provisions of this Code section:
(1) Any officer, employee, or duly authorized representative of the United States, the State of Georgia, or any political subdivision thereof, if the work is performed on the property of said political entity;
(2) Vendors of components, materials, or equipment who perform only such functions as delivery, rendering of advice, or assistance in the installation or normal warranty service or exchange of defective or damaged goods;
(3) A registered professional engineer or architect or landscape architect if such person's acts are incidental to the pursuit of such profession;
(4) Irrigation work done by a person on the premises of property which such person owns and occupies as a home;
(5) Irrigation work done by a maintenance person to and on premises owned by the business in which such person is regularly employed or engaged and who does not engage in the occupation of an irrigation contractor; and
(6) Irrigation work done by a farmer, agriculturist, agronomist, horticulturist, forester, gardener, contract gardener, garden or lawn caretaker, nurseryman, or grader or cultivator of land on land owned, rented, or leased or possessed pursuant to a sharecrop agreement by the person doing the irrigation work."
Section 2. The provisions of this Act shall become effective upon the necessary funding to carry out its purposes being specifically appropriated by the General Assembly.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 116, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 1722. By Representatives Chambless of the 133rd, Pinkston of the 100th, Thomas of the 69th and Floyd of the 154th:
A bill to amend Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, so as to provide that a lien for other unpaid taxes or a duly rendered judgment shall have the same priority with regard to a security interest as it would have if the tax lien or judgment were a conflicting security interest or encumbrance.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 17, 1992

1035

HB 1740. By Representatives Felton of the 22nd, Campbell of the 23rd and Townsend of the 24th:
A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to reapportion education districts for the election of members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

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 1210 Do Pass, by Substitute
Respectfully submitted, /s/ Pinkston of the 100th
Chairman

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 17 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 28th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1219 Do Pass, by Substitute HB 1450 Do Pass HB 1585 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:

1036

JOURNAL OF THE HOUSE,

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 353 Do Pass, by Substitute HB 1593 Do Pass HB 1594 Do Pass

HB 1596 Do Pass, by Substitute SB 445 Do Pass SB 529 Do Pass

Respectfully submitted, /s/ Cummings of the 17th
Chairman

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

Mr. Speaker:

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

HB 92 Do Pass HB 1408 Do Pass HB 1667 Do Pass HB 1675 Do Pass

HB 1680 Do Pass SB 10 Do Pass, by Substitute SB 379 Do Pass, by Substitute SB 590 Do Pass

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

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

TUESDAY, FEBRUARY 18, 1992

1037

Representative Hall, Atlanta, Georgia Tuesday, February 18, 1992

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 John M. Richardson, First Christian Church, Winder, Georgia.
The members pledged allegiance to the flag.
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 1721. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that after a sevenyear holding period, restitution funds may be claimed by the respective county holding such funds.
Referred to the Committee on Special Judiciary.
HB 1723. By Representative Reaves of the 147th: A bill to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to agriculture in general, so as to provide that any individual conducting business as a grain dealer, commercial feed dealer, or warehouseman shall pay an annual license fee in an amount not to exceed $1,500.00.
Referred to the Committee on Agriculture & Consumer Affairs.

1038

JOURNAL OF THE HOUSE,

HB 1724. By Representatives Jamieson of the llth and Dover of the llth:
A bill to require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Stephens County in addition to all other legal costs, and that such fees be remitted monthly to the secretary-treasurer of the Board of Trustees of the Stephens County Law Library.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1725. By Representatives Jamieson of the llth and Dover of the llth:
A bill to repeal an Act providing for the compensation of members of the board of county commissioners in each county having a population of not less than 8,335 and not more than 8,725 according to the United States decennial census of 1970 or any future such census.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1726. By Representatives Clark of the 13th, Powell of the 13th, Yeargin of the 14th and Long of the 142nd:
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 certain provisions relative to homicide by vehicle; to provide a penalty for homicide by vehicle involving a student entering or exiting a school bus.
Referred to the Committee on Judiciary.

HB 1727. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to increase the amount of the homestead exemption from Jones 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 Jones County actually occupied by the owner as a residence and homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1728. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act incorporating the Town of Clermont in the County of Hall, so as to provide terms for the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1729. By Representatives Campbell of the 23rd, McKinney of the 40th and Abernathy of the 39th:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city, so as to divide the City of Alpharetta into six election districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1730. By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, so as to provide for commissioner districts and posts.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 18, 1992

1039

HB 1731. By Representative Dobbs of the 74th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Newton County during designated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1732. By Representatives Campbell of the 23rd, McKinney of the 40th and Abernathy of the 39th:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city, so as to provide that the mayor and city council may promulgate bylaws, rules, and regulations governing the affairs of boards, commissions, and agencies of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1733. By Representatives Purcell of the 129th, Barfoot of the 120th, Bates of the 141st and Long of the 142nd:
A bill to amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to development authorities created by local resolution, so as to provide that in certain counties the board of directors of development authorities created by constitutional amendment may assume the powers and responsibilities of a development authority created by local resolution pursuant to general law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1734. By Representative Smith of the 156th:
A bill to amend an Act providing for the election of members of the board of education of Mclntosh County and related matters, so as to reapportion the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1735. By Representative Langford of the 7th:
A bill to amend an Act providing for the office of commissioner of Gordon County, as amended, particularly by an Act approved March 13, 1975, providing for a board of commissioners, so as to abolish the board and provide for the office of commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1736. By Representatives Streat of the 139th, Coleman of the 118th, Lane of the lllth, Godbee of the 110th, Ray of the 98th and others:
A bill to amend Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to licensing requirements for persons engaged in practice of medicine, so as to authorize certain limited licenses to practice medicine in certain areas for graduates of certain nonapproved medical schools under certain conditions.
Referred to the Committee on Health & Ecology.

1040

JOURNAL OF THE HOUSE,

HB 1737. By Representative Hanner of the 131st:
A bill to amend an Act providing a new charter for the City of Smithville, so as to provide that the city council shall be composed of four members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1738. By Representatives Hanner of the 131st and Holland of the 136th:
A bill to create the Lee County Utilities Authority and to authorize such authority to acquire, construct, operate, and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1739. By Representatives Dover of the llth, Lee of the 72nd, Kilgore of the 42nd, Coleman of the 118th, Walker of the 115th 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 the nonrecognition of gain with respect to certain sales or exchanges of a personal residence.
Referred to the Committee on Ways & Means.

HB 1741. By Representatives Adams of the 79th, Buckner of the 72nd and Williams of the 48th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the rate of certain state excise taxes upon the first sale, use, or final delivery within this state of alcohol, distilled spirits, table wines, and dessert wines.
Referred to the Committee on Regulated Beverages.

HB 1742. By Representative Cauthorn of the 20th:
A bill to amend Code Section 17-7-171 of the Official Code of Georgia Annotated, relating to demand for trial in capital cases, so as to require service of a demand for trial upon the prosecutor and the assigned judge.
Referred to the Committee on Judiciary.

HB 1743. By Representative Cauthorn of the 20th:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions for elections and primaries, so as to provide for inclusion on the ballot for certain offices the name of the chief deputy named by each candidate for such offices.
Referred to the Committee on Governmental Affairs.

HB 1744. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act creating the Board of Commissioners of Jones County, so as to change the compensation of the chairman and other members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 18, 1992

1041

HB 1745. By Representative Buck of the 95th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to establish immunization requirements as a condition for enrollment at postsecondary institutions to prevent the spread of vaccine preventable diseases.
Referred to the Committee on University System of Georgia.

HB 1746. By Representative Stancil of the 66th:
A bill to abolish the office of elected county surveyor of Oconee County; to provide for the appointment of a county surveyor by the governing authority of the county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1747. By Representatives Hudson of the 117th, Bostick of the 138th, Carter of the 146th, Holland of the 136th, Ray of the 98th and others:
A bill to amend Code Section 2-11-22 of the Official Code of Georgia Annotated, relating to labeling requirements for seeds, so as to require that labels for agricultural seeds shall show the calendar year or years during which the seeds were produced.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1748. By Representative Mobley of the 64th:
A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide that pawnbrokers will not be required to maintain a record book of sales.
Referred to the Committee on Banks & Banking.

HB 1749. By Representatives Cummings of the 134th, Thomas of the 31st, McKinney of the 40th, Taylor of the 94th, Valenti of the 52nd and others:
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 provide that an officer who wantonly and recklessly destroys property during the execution of a search warrant shall be civilly liable to the owner or occupant of such property.
Referred to the Committee on Special Judiciary.

HB 1750. By Representatives Walker of the 115th, Buck of the 95th and Groover of the 99th:
A bill to amend Code Section 36-82-62 of the Official Code of Georgia Annotated, relating to the powers relating to undertakings and revenue bonds generally, so as to authorize fees to be charged to persons to whom services are provided or made available by an undertaking financed by a revenue bond.
Referred to the Committee on Appropriations.

1042

JOURNAL OF THE HOUSE,

HB 1751. By Representatives Holland of the 136th, Jenkins of the 80th, Poston of the 2nd, Adams of the 79th and Walker of the 113th:
A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle accidents, so as to provide that all accident reports shall contain certain information regarding insurance coverage.
Referred to the Committee on Motor Vehicles.

HB 1752. By Representatives Holland of the 136th, Skipper of the 116th, Jenkins of the 80th and Walker of the 113th:
A bill to amend Chapter 4 of Title 33 of the Official Code of Georgia Annotated, relating to actions against insurance companies, so as to provide that if a liability insurer declines a claimant's offer to settle all claims for the limits of a policy of liability insurance and the matter results in a judgment in excess of such limits and the judgment remains unsatisfied after a certain period, then the liability insurer shall be liable for the full amount of the judgment.
Referred to the Committee on Judiciary.

HB 1753. By Representatives Cummings of the 17th, Walker of the 113th, Skipper of the 116th and McBee of the 68th:
A bill to amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement System of Georgia, so as to provide that a retired member who elected one of several spousal options and whose spouse predeceases such member may revoke such election and elect a new option providing for a retirement allowance computed to be the actuarial equivalent of such allowance immediately prior to the date of such election.
Referred to the Committee on Retirement.

HB 1754. By Representatives Cummings of the 17th, Kilgore of the 42nd, Murphy of the 18th, Godbee of the 110th, Dover of the llth and others:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to eligibility for retirement allowances; to change the provisions relating to retirement allowances.
Referred to the Committee on Retirement.

HB 1755. By Representatives Walker of the 113th, Walker of the 115th, Watson of the 114th, Watts of the 41st, Hammond of the 20th and others:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to carrying deadly weapons at public gatherings, so as to provide that any person who carries a deadly weapon to or while at a school or a school function shall be guilty of a felony.
Referred to the Committee on Special Judiciary.

HR 881. By Representatives Orr of the 9th, Floyd of the 135th, Walker of the 115th, Groover of the 99th, Holland of the 136th and others:
A resolution creating the Walter F. George Tribute Commission.
Referred to the Committee on Rules.

TUESDAY, FEBRUARY 18, 1992

1043

HR 882. By Representative Redding of the 50th:
A resolution designating jazz as the official music for the State of Georgia during the month of February.
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 1703 HB 1704 HB 1705 HB 1706 HB 1707 HB 1708 HB 1709 HB 1711 HB 1712 HB 1713 HB 1714 HB 1715 HB 1716 HB 1717 HB 1718 HB 1719 HB 1720 HB 1722

HB 1740 HR 872 HR 873 HR 874 HR 875 HR 878 HR 879 SB 92 SB 537 SB 594 SB 629 SB 659 SB 661 SB 662 SB 663 SB 667 SB 668 SB 673

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1385 Do Pass, by Substitute HB 1386 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
Chairman

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

Mr. Speaker:
Your Committee on Rules 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 1647 Do Pass, by Substitute HB 1311 Do Pass, by Substitute HR 838 Do Pass

1044

JOURNAL OF THE HOUSE,

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

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

Mr. Speaker:

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

HB 1364 Do Pass
HB 1517 Do Pass HB 1684 Do Pass

HB 1695 Do Pass
HB 1699 Do Pass SB 548 Do Pass

Respectfully submitted, Is/ Lane of the 27th
Chairman

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

HB 1364. By Representative McKinney of the 35th:
A bill to repeal an Act approved April 4, 1991, providing that in Fulton County a residential property developer or builder shall obtain a certificate of approval from a registered engineer before building or developing within 500 feet of any lake in a residential area.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1517.

By Representatives Baker of the 51st, Oliver of the 53rd, Teper of the 46th, Redding of the 50th, Valenti of the 52nd 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 ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1684. By Representatives Parham of the 105th and Lord of the 107th:
A bill to repeal an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County.

TUESDAY, FEBRUARY 18, 1992

1045

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1695. By Representative Floyd of the 135th:
A bill to provide for the imposition, collection, and disposition of county law library fees as part of the court costs in the Magistrate Court of Crisp 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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1699. By Representative Reaves of the 147th:
A bill to amend an Act amending, revising, superseding, and consolidating the laws creating and governing the Board of Commissioners of Echols County, so as to change the compensation of members of the Board of Commissioners of Echols 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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 548. By Senator Scott of the 36th:
A bill to amend an Act providing for the appointment of magistrates in Fulton County, as amended, so as to increase the number of magistrates in Fulton County from three to five; to provide the procedure in connection with the appointment of new magistrates; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, 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:

1046

JOURNAL OF THE HOUSE,

SB 122. By Senator Ragan of the 10th:
A bill to amend Code Section 47-17-44 of the Official Code of Georgia Annotated, relating to the payment of dues under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to time limits for the purchase of certain creditable service; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal.

SB 415. By Senators Johnson of the 47th, Deal of the 49th, Baldwin of the 29th and others:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to purchase of liability insurance or contracts of indemnity for public officers and employees generally, so as to repeal the provisions that nothing in such article shall constitute a waiver of the immunity of the state from any action nor shall the exercise of authority provided in such article constitute the provision of liability insurance protection.

SB 464. 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 repeal certain laws relative to recreation administrators, leaders, specialists, and technicians and to regulate master therapeutic recreation specialists, therapeutic recreation specialists, therapeutic recreation technicians, and other therapeutic recreation services offered by certain persons; to provide a short title.

SB 515. By Senator Deal of the 49th:
A bill to amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to requirements for official organ or publication, so as to provide that no newspaper shall be declared the official organ of a county unless the newspaper has been published and mailed to subscribers in the county for two years.

SB 631. By Senator Edge of the 28th:
A bill to amend Code Section 13-10-21 of the Official Code of Georgia Annotated, relating to the authorization and procedure for the creation and maintenance of escrow accounts by state or political subdivisions, so as to provide that in lieu of the retained amounts provided for in Code Section 13-10-20, any department, agency, or instrumentality of the state or any political subdivision of the state shall insert a clause in the specifications of all contracts providing for an alternate procedure for the maintenance of an escrow account.

SB 656. By Senators Kidd of the 25th, Gillis of the 20th, English of the 21st and others:
A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the composition of the State Transportation Board, so as to provide for the removal of a member of the board for cause; to provide procedures; to provide for the filling of a vacancy on the board in any case where a member is removed for cause pursuant to the provisions of this Act; to provide for rules and regulations.

TUESDAY, FEBRUARY 18, 1992

1047

HB 761. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to change the definitions of certain terms used in Title 11; to change the provisions relating to an issuer's duty and privilege to honor a draft or demand and the right to reimbursement; to revise Article 8, relating to investment securities.

HB 1107.

By Representative Greene of the 130th:
A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, the "Georgia Municipal Training Act," so as to designate existing Code Section 36-45-1 through 36-45-9 as Article 1; to provide for training classes for clerks of the governing authority of any municipality; to change the composition of the Board of the Georgia Municipal Training Institute; to provide for establishment of training classes for city clerks by the Carl Vinson Institute of Government.

HB 1195.

By Representatives Reaves of the 147th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th, Purcell of the 129th and others:
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 maximum compensation to be paid for destroyed honeybee colonies.

HB 1197. By Representatives Reaves of the 147th, Buckner of the 72nd, Purcell of the 129th, Royal of the 144th, Carter of the 146th and others:
A bill to amend Code Section 4-10-5 of the Official Code of Georgia Annotated, relating to licenses for bird dealers and the fees related thereto, so as to change the provisions relating to fees for such licenses.

HB 1199. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to flue-cured leaf tobacco sales and storage, so as to change the license fees for auction sales of flue-cured leaf tobacco.

HB 1203.

By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth:
A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to provide that with the exception of crematories licensed by the State Board of Funeral Service and hospitals, or other facilities as authorized by the Department of Human Resources and in a manner approved by the commissioner of human resources, it shall be unlawful for any person to incinerate or cremate a dead body or parts thereof.

HB 1232.

By Representatives Jamieson of the llth, Jackson of the 9th, Bostick of the 138th, Greene of the 130th, Reaves of the 147th and others:
A bill to amend Code Section 50-20-7 of the Official Code of Georgia Annotated, relating to the applicability of certain laws to nonprofit contractors, so as to provide that such laws shall not apply to certain Resource Conservation and Development Councils.

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JOURNAL OF THE HOUSE,

HB 1350.

By Representative Watson of the 114th:
A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board.

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

HR 716. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun.

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

SB 122. By Senator Ragan of the 10th:
A bill to amend Code Section 47-17-44 of the Official Code of Georgia Annotated, relating to the payment of dues under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to time limits for the purchase of certain creditable service; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal.
Referred to the Committee on Retirement.

SB 415. By Senators Johnson of the 47th, Deal of the 49th, Baldwin of the 29th and others:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to purchase of liability insurance or contracts of indemnity for public officers and employees generally, so as to repeal the provisions that nothing in such article shall constitute a waiver of the immunity of the state from any action nor shall the exercise of authority provided in such article constitute the provision of liability insurance protection.
Referred to the Committee on Judiciary.

SB 464. 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 repeal certain laws relative to recreation administrators, leaders, specialists, and technicians and to regulate master therapeutic recreation specialists, therapeutic recreation specialists, therapeutic recreation technicians, and other therapeutic recreation services offered by certain persons; to provide a short title.
Referred to the Committee on Game, Fish & Parks.

SB 515. By Senator Deal of the 49th:
A bill to amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to requirements for official organ or publication, so as to provide that no newspaper shall be declared the official organ of a county unless the newspaper has been published and mailed to subscribers in the county for two years.
Referred to the Committee on State Planning & Community Affairs.

TUESDAY, FEBRUARY 18, 1992

1049

SB 631. By Senator Edge of the 28th:
A bill to amend Code Section 13-10-21 of the Official Code of Georgia Annotated, relating to the authorization and procedure for the creation and maintenance of escrow accounts by state or political subdivisions, so as to provide that in lieu of the retained amounts provided for in Code Section 13-10-20, any department, agency, or instrumentality of the state or any political subdivision of the state shall insert a clause in the specifications of all contracts providing for an alternate procedure for the maintenance of an escrow account.
Referred to the Committee on State Planning & Community Affairs.

SB 656. By Senators Kidd of the 25th, Gillis of the 20th, English of the 21st and others:
A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the composition of the State Transportation Board, so as to provide for the removal of a member of the board for cause; to provide procedures; to provide for the filling of a vacancy on the board in any case where a member is removed for cause pursuant to the provisions of this Act; to provide for rules and regulations.
Referred to the Committee on Transportation.

Representative Griffin of the 6th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1039. By Representatives Dixon of the 128th, Kilgore of the 42nd and Watson of the 114th:
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.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams N Aiken
Alford N Ashe Y Atkins N Baker N Balkcom
Y Barfoot N Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux
Bostick N Branch Y Breedlove N Brooks Y Brown Y Brush NBuck
Buckner N Byrd

N Campbell Y Canty
Carrell
Y Carter Y Cauthorn N Chafin N Chambless
Cheeks N Childers
N Clark.E N Clark.L Y Coker
Coleman Colwell N Connell Y Culbreth N Cummings,B Cummings.M Y Davis.D
Y Davis.G Davis.M
N Dixon.H N Dixon.S
Dobbs Y Dover
Dunn N Edwards

N Elliott Felton
Y Fennel Floyd.J.M
N Floyd.J.W Y Flynt
Y Godbee Y Golden N Goodwin E Green
Greene Y Griffin N Groover N Hamilton N Hammond N Manner Y Harris.B
Y Harris.J Y Heard N Henson N Herbert Y Holland N Holmes Y Howard N Hudson N Irwin Y Jackson

Jamieson Y Jenkins Y Jones N Kilgore
NKing N Kingston N Klein
YLadd N Lane.D Y Lane.R Y Langford N Lawrence Y Lawson NLee YLong YLord N Lucas YMann N Martin
N McBee Y McCoy N McKelvey
McKinney.B McKinney.C
Y Meadows Merritt Milam

N Mills Y Mobley
N Moody N Morsberger Y Moultrie N Mueller
N Oliver.C N Oliver.M NOrr N Orrock N Padgett
Parham Y Parrish Y Patten
Pelote Y Perry N Pettit N Pinholster
Pinks ton
YPoag N Porter
Y Poston N Powell.A Y Powell.C
Y Presley N Purcell
Randall

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JOURNAL OF THE HOUSE,

Y Ray
Reaves Redding Y Ricketson N Royal N Selman
Y Sherrill Simpson
N Sinkfield

N Skipper
Y Smith,!N Smith.P
Smith.T N Smith.W
Smyre
Y Snow N Stancil.F Y Stancil.S

Y Stanley
Y Streat Y Taylor N Te'per N Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus

On the motion, the ayes were 64, nays 80. The motion was lost.

N Tolbert
Y Townsend N Turnquest Y Twiggs N Valenti Y Vaughan
N WalkerJ N Walker,L N Wall

N Watson
N Watts White
Y Wilder N Williams.B
Williams,.)
Y Williams.R N Yeargin
Murphy.Spkr

The following Resolutions of the House were read and adopted:

HR 885. By Representatives Bostick of the 138th, Groover of the 99th, Greene of the 130th and Walker of the 115th:
A resolution commending Honorable Frank Stancil.

HR 886. By Representatives Kilgore of the 42nd, Simpson of the 70th, Watts of the 41st and Thomas of the 69th:
A resolution commending Doris "Woodie" Fite.

HR 887. By Representative Redding of the 50th:
A resolution commending Dr. Everetta Yvonne Beauford Oliver for her many accomplishments.

HR 888. By Representative Ray of the 98th: A resolution commending the Georgia Peach Festival.

HR 889. By Representatives Brooks of the 34th, McKinney of the 40th, White of the 132nd and Cummings of the 134th:
A resolution expressing regret at the passing of Alex Haley.

HR 890. By Representatives Redding of the 50th, Taylor of the 94th, Williams of the 54th, Thurmond of the 67th, Walker of the 115th and others:
A resolution commending Honorable Betty J. Clark.

HR 891. By Representatives Greene of the 130th and Harris of the 96th: A resolution recognizing and commending Mr. R. F. Burgin, Sr.

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

HB 1644.

By Representative Jones of the 71st:
A bill to amend Code Section 21-3-105 of the Official Code of Georgia Annotated, relating to notice of intent of write-in candidates in general or special municipal elections and filing of an affidavit of intention of candidacy, so as to change the provisions relative to the person to whom a notice of intention of candidacy must be given.

TUESDAY, FEBRUARY 18, 1992

1051

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

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty
Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Y Buck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman
Colwell
Y Connell Y Culbreth
Cummings.B Cummings,M Y Davis.D Y Davis.G Davis.M Y Dixon.H
Dixon.S Dobbs
Y Dover Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin
Y Groover Hamilton
Y Hammond Manner
Y Harris.B Y Harris.J

Heard Y Henson
Herbert Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson Y Lee YLong YLord Y Lucas YMann Y Martin
Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W
Smyre Y Snow
Y Stancil.F Y Stancil.S
Y Stanley Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams.J Y Williams.R 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.

Representatives Hamilton of the 124th and Davis of the 45th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Jackson of the 9th arose to a point of personal privilege and addressed the House.

Representative Dover of the llth arose to a point of personal privilege and addressed the House.

The Speaker Pro Tern assumed the Chair.

Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.

The Speaker assumed the Chair.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Industry and referred to the Committee on State Planning and Community Affairs - Local.

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JOURNAL OF THE HOUSE,

SB 556. By Senators Tate of the 38th, Egan of the 40th, Scott of the 36th and others:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative to public letting and bids; to change the provision relative to advertisement of bids; to provide an effective date.

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

HR 892. By Representatives Kilgore of the 42nd, Watts of the 41st, Simpson of the 70th, Thomas of the 69th and Coleman of the 118th:
A resolution recommending the appointment of a permanent review committee from existing personnel within the Office of Planning and Budget to oversee funds for the aging within the Department of Human Resources.

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 1767. By Representatives Yeargin of the 14th, Connell of the 87th, Ricketson of the 82nd, Padgett of the 86th, Brush of the 83rd and others:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdiction of the authority; to revise the scope and definition of a project of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1769. By Representatives Perry of the 5th, Barnett of the 10th, Greene of the 130th and Coker of the 21st:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for deductions from money credited to the account of an inmate to defray the costs paid by a municipality or county for certain medical treatment requested by an inmate or to repay the costs of destruction of public property by an inmate, medical treatment for injuries inflicted by an inmate upon himself or others, searching and apprehending an inmate who has escaped or attempted to escape.
Referred to the Committee on State Institutions & Property.

HB 1776. By Representatives Thomas of the 69th, Cauthorn of the 20th and Chambless of the 133rd:
A bill to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon plea of insanity or mental incompetency at the time of the crime, so as to provide that a plea of not guilty by reason of insanity at the time of the crime shall not be accepted until after an examination has been conducted on such person.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 18, 1992

1053

HB 1777. By Representatives Sinkfield of the 37th, Martin of the 26th, Orrock of the 30th, Canty of the 38th, Holmes of the 28th and others:
A bill to amend an Act entitled "An Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County," so as to provide that under certain circumstances such ad valorem tax collected for the Atlanta Board of Education shall be paid to the Atlanta Board of Education within a certain time.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1390.

By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide procedures for removing structures located on or over tidewaters, navigable streams, and navigable rivers of the state which are used as places of habitation.

The following Committee substitute was read:

A BILL
To amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide procedures for removing structures located on or over tidewaters, navigable streams, and navigable rivers of the state which are used as places of habitation, dwelling, sojournment, or residence; to provide short titles; to provide statements of legislative purpose; to define certain words and phrases; to make the existence of such structures unlawful; to provide for the issuance of administrative orders by the commissioner of natural resources; to provide for the contents of such orders; to provide for service of such orders; to provide for a right to a hearing before an administrative law judge to contest such orders; to provide for the procedures to be utilized in the conduct of such hearings; to provide for judicial review; to provide when a structure will be deemed contraband; to provide for the seizure and removal of the contraband structure; to provide for posting notice on the contraband structure and allowing 30 days for the owner or possessor of such contraband structure to remove same; to provide for the sale of such contraband structure and the disposition of the proceeds; to preserve certain rights of action; to provide for the permitting of certain structures on the tidewaters, navigable streams, and navigable rivers of the state for a certain period of time; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by adding thereto a new Chapter 1 to read as follows:
"CHAPTER 1 ARTICLE 1
52-1-1. This article shall be known and may be cited as the 'Protection of Tidewaters Act.'
52-1-2. The General Assembly finds and declares that the State of Georgia became the owner of the beds of all tidewaters within the jurisdiction of the State of Georgia

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JOURNAL OF THE HOUSE,

as successor to the Crown of England and by the common law. The State of Georgia continues to hold title to the beds of all tidewaters within the state, except where title in a private party can be traced to a valid Crown or state grant which explicitly conveyed the beds of such tidewaters. The General Assembly further finds that the State of Georgia, as sovereign, is trustee of the rights of the people of the state to use and enjoy all tidewaters which are capable of use for fishing, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine. Therefore, the General Assembly declares that the protection of tidewaters for use by the state and its citizens has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and, consequently, is properly a matter for regulation under the police powers of the state. The General Assembly further finds and declares that structures located upon tidewaters which are used as places of habitation, dwelling, sojournment, or residence interfere with the state's proprietary interest or the public trust, or both, and must be removed to ensure the rights of the state and the people of the State of Georgia to the use and enjoyment of such tidewaters. It is declared to be a policy of this state and the intent of this article to protect the tidewaters of the state by authorizing the commissioner of natural resources to remove or require removal of certain structures from such tidewaters in accordance with the procedures and within the timetable set forth in this article.
52-1-3. As used in this article, the term:
(1) 'Board' means the Board of Natural Resources.
(2) 'Commissioner' means the commissioner of natural resources.
(3) 'Structure' means any structure located upon any tidewaters of this state, whether such structure is floating upon such tidewaters and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such tidewaters when such structure is being or has been used or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such tidewaters; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-10. Such structures may include, but are not limited to, vessels not being used in navigation.
(4) 'Tidewaters' means the sea and all rivers and arms of the sea that are affected by the tide, where the tide rises and falls, which are capable of use for fishing, passage, navigation, commerce, or transportation, and which are located within the jurisdiction of the State of Georgia.
52-1-4. The existence of a structure as defined in this article is declared to be a public nuisance and unlawful.
52-1-5. Whenever the commissioner determines that any structure as defined in this article exists, the commissioner may issue an order directed 'TO ALL PERSONS IN POSSESSION OR CLAIMING OWNERSHIP OF THIS STRUCTURE.' The order shall describe the structure in reasonable detail, shall set forth the unlawful nature of the structure, and shall order that the structure be removed within a reasonable time after the order becomes final to be prescribed in such order. Any order issued by the commissioner under this article shall be signed by the commissioner. Any such order shall become final unless any person in possession of the structure or any person claiming ownership of or an interest in the structure requests in writing a hearing pursuant to Code Section 52-1-6. The order shall apprise the person or persons of their right to request a hearing and of the procedures necessary to obtain a hearing pursuant to Code Section 52-1-6. The order, in all cases, shall be served by initially publishing the same once each week for two successive weeks in a newspaper printed and published in the county in which the structure is located or in a newspaper of general circulation in the county in which the structure is located. The order shall then be served by a peace officer upon any person of suitable age and discretion found in possession of the structure or, if no such person is found in possession of the structure, the peace officer shall securely post the order in a conspicuous place on the structure. Any order so posted must be protected from the weather by encasing same in a weatherproof, transparent

TUESDAY, FEBRUARY 18, 1992

1055

material. The date of service shall be stated within the order. The return of the service signed by the peace officer and filed in the office of the commissioner, stating that a copy of such order was served either upon a person of suitable age and discretion in possession of the structure personally or that no such person was found in possession of the structure and that a copy of the order was posted in a conspicuous place on the structure in accordance with this Code section, shall be sufficient evidence as to the service of such person in possession; provided, however, that where the address of the person or persons claiming ownership of the structure is known, a copy of such order shall be mailed to such persons by certified mail as part of the service process during the period of time that the order is being published in the newspaper.
52-1-6. Any person in possession of the structure or any person claiming ownership of or an interest in the structure which is the subject of an order issued pursuant to Code Section 52-1-5 or Code Section 52-1-10 shall, upon petition in writing within 30 days after service of such order, have a right to a hearing before an administrative law judge appointed by the board. Such petition must be filed with the administrative law
judge and must be received by the administrative law judge within such 30 day period. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and
regulations adopted by the board pursuant thereto. Unless waived by the commissioner, any person seeking a hearing has the burden of going forward with evidence regarding possession or ownership of or an interest in the structure, and the administrative law
judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. Any decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing,
including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and review procedure provided for the petitioner in this Code section is to the exclusion of all other means of hearing or review.
52-1-7. Whenever any order issued by the commissioner pursuant to Code Section 52-1-5 becomes final or whenever any order adverse to the owner or possessor of a struc-
ture issued by the administrative law judge pursuant to Code Section 52-1-6 becomes final by being unappealed or affirmed upon appeal, the structure shall be deemed con-
traband. Upon the structure becoming contraband, the commissioner or his duly autho-
rized agents shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct; provided, however, that prior
to such seizure the commissioner shall securely post a notice in a conspicuous place on
the structure and, if the address of any person or persons claiming ownership of or any person or persons in possession of the structure is known, the commissioner shall mail
a copy of such notice to such person or persons by certified mail informing such person or persons claiming ownership of or in possession of the structure that such structure
is considered contraband as a matter of law and that unless the structure is removed
within 30 days of the date of the notice, the commissioner, through his duly appointed agents, shall seize and remove said structure and may sell or dispose of such structure
in such manner as the commissioner may direct. Any such notice so posted must be protected from the weather by encasing same in a weatherproof, transparent material. In
the event the commissioner sells the structure or the materials of such structure, he may credit and retain the proceeds of such sale against the cost of the removal and disposal
of the structure and any remaining balance shall be deposited in the state treasury to the credit of the general fund.
52-1-8. Except as otherwise provided for in this article, any remedy provided for in this article shall be in addition to any other remedy available to the state, any littoral
proprietor within this state, or any other citizen of this state. 52-1-9. In the event the commissioner determines that the seizure and removal of a
structure shall result in the removal of a person or persons from a permanent residence,
the commissioner may, at the end of the 30 day period set forth in Code Section 52-1-7, allow a reasonable period of time for the structure inhabitants to find a new residence prior to the removal of the structure.
52-1-10. (a) The commissioner may, after July 1, 1992, issue a permit for a maximum term of five years for the location, usage, and possession of a structure which

1056

JOURNAL OF THE HOUSE,

existed on February 1, 1992, upon tidewaters of the state; provided, however, that no permit shall be issued for any structure which does not conform to and meet the requirements of rules and regulations promulgated by the board establishing minimum standards of sanitation, safety, and construction. No permit shall be issued for a term ending after June 30, 1997.
(b) No permit issued by the commissioner pursuant to subsection (a) of this Code section shall be renewable and a permit may be revoked by the commissioner at any time during its term for failure to continue to meet the requirements of the board's rules.
ARTICLE 2
52-1-30. This article shall be known and may be cited as the 'Right of Passage Act.' 52-1-31. The General Assembly finds and declares that by the common law the citizens of this state have an inherent right to use as highways all navigable streams and rivers and that this right of use extends to the entire surface of the stream or river from bank to bank. The General Assembly further finds that the common law regarding such right of use has not been modified by statute nor is it incompatible with the federal or state Constitutions. Therefore, the General Assembly declares that ensuring the right of use by all the citizens of this state of navigable streams and rivers as highways has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and, consequently, is properly a matter for regulation under the police powers of the state. The General Assembly further finds and declares that structures located upon navigable streams and rivers which are used as places of habitation, dwelling, sojournment, or residence interfere with the citizens' right to use the entire surface of such streams and rivers from bank to bank as highways and must be removed to ensure the rights of the citizens of this state to such usage. It is declared to be a policy of this state and the intent of this article to ensure such rights of the citizens of this state by authorizing the commissioner of natural resources to remove or require removal of certain structures from such streams and rivers in accordance with the procedures and within the timetable set forth in this article. 52-1-32. As used in this article, the term:
(1) 'Board' means the Board of Natural Resources. (2) 'Commissioner' means the commissioner of natural resources. (3) 'Navigable stream or river' means a stream or river which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. (4) 'Structure' means any structure located upon any navigable stream or river of this state, whether such structure is floating upon such navigable stream or river and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such navigable stream or river when such structure is being, has been, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such navigable stream or river; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-39. Such structures may include, but are not limited to, vessels not being used in navigation. 52-1-33. The existence of a structure as defined in this article is declared to be a public nuisance and unlawful. 52-1-34. Whenever the commissioner determines that any structure as defined in this article exists, the commissioner may issue an order directed 'TO ALL PERSONS IN POSSESSION OR CLAIMING OWNERSHIP OF THIS STRUCTURE.' The order shall describe the structure in reasonable detail, shall set forth the unlawful nature of the structure, and shall order that the structure be removed within a reasonable time after the order becomes final to be prescribed in such order. Any order issued by the commissioner under this article shall be signed by the commissioner. Any such order shall become final unless any person in possession of the structure or any person claiming ownership of or an interest in the structure requests in writing a hearing pursuant

TUESDAY, FEBRUARY 18, 1992

1057

to Code Section 52-1-35. The order shall apprise the person or persons of their right to request a hearing and of the procedures necessary to obtain a hearing pursuant to Code Section 52-1-35. The order, in all cases, shall be served by initially publishing the same once each week for two successive weeks in a newspaper printed and published in the county in which the structure is located or in a newspaper of general circulation in the county in which the structure is located. The order shall then be served by a peace officer upon any person of suitable age and discretion found in possession of the structure or if no person is found in possession of the structure, the peace officer shall securely post the order in a conspicuous place on the structure. Any order so posted must be protected from the weather by encasing same in a weatherproof, transparent material. The date of service shall be stated within the order. The return of the service signed by the peace officer and filed in the office of the commissioner, stating that a copy of such order was served upon a person of suitable age and discretion in possession of the structure personally or that no such person was found in possession of the structure and that
a copy of the order was posted in a conspicuous place on the structure in accordance with this Code section, shall be sufficient evidence as to the service of such person in
possession; provided, however, that where the address of the person or persons claiming ownership of the structure is known, a copy of such order shall be mailed to such persons by certified mail as part of the service process during the period of time that the order is being published in the newspaper.
52-1-35. Any person in possession of the structure or any person claiming ownership
of or an interest in the structure which is the subject of an order issued pursuant to Code Section 52-1-34 or Code section 52-1-39 shall, upon petition in writing within 30
days after service of such order, have a right to a hearing before an administrative law judge appointed by the board. Such petition must be filed with the administrative law judge and must be received by the administrative law judge within such 30 day period.
The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and
regulations adopted by the board pursuant thereto. Unless waived by the commissioner, any person seeking a hearing has the burden of going forward with evidence regarding
possession or ownership of or an interest in the structure, and the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling
on this issue before continuing with the hearing. Any decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing,
including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and review procedure provided for the peti-
tioner in this Code section is to the exclusion of all other means of hearing or review. 52-1-36. Whenever any order issued by the commissioner pursuant to Code Section
52-1-34 becomes final or whenever any order adverse to the owner or possessor of a
structure issued by the administrative law judge pursuant to Code Section 52-1-35 becomes final by being unappealed or affirmed upon appeal, the structure shall be
deemed contraband. Upon the structure becoming contraband, the commissioner or his duly authorized agents shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct; provided, however, that
prior to such seizure the commissioner shall securely post a notice in a conspicuous place
on the structure and, if the address of any person or persons claiming ownership of or any person or persons in possession of the structure is known, the commissioner shall
mail a copy of such notice to such person or persons by certified mail informing such person or persons claiming ownership of or in possession of the structure that such
structure is considered contraband as a matter of law and that unless the structure is removed within 30 days of the date of the notice, the commissioner, through his duly appointed agents, shall seize and remove said structure and may sell or dispose of such
structure in such manner as the commissioner may direct. Any such notice so posted must be protected from the weather by encasing same in a weatherproof, transparent
material. In the event the commissioner sells the structure or the materials of such structure, he may credit and retain the proceeds of such sale against the cost of the
removal and disposal of the structure and any remaining balance shall be deposited in the state treasury to the credit of the general fund.

1058

JOURNAL OF THE HOUSE,

52-1-37. Except as otherwise provided for in this article, any remedy provided for in this article shall be in addition to any other remedy available to the state, any riparian owner within this state, or any other citizen of this state. Further, nothing in this article shall be construed as limiting any right that the state or any citizen of this state has regarding the right of passage on any stream or river in this state whether or not it is navigable as 'navigable stream or river' is defined in this article.
52-1-38. In the event the commissioner determines that the seizure and removal of a structure shall result in the removal of a person or persons from a permanent residence, the commissioner may, at the end of the 30 day period set forth in Code Section 52-1-36, allow a reasonable period of time for the structure inhabitants to find a new residence prior to the removal of the structure.
52-1-39. (a) The commissioner may, after July 1, 1992, issued a permit for a maximum term of five years for the location, usage, and possession of a structure which existed on February 1, 1992, upon a navigable river or navigable stream of the state; provided, however, that no permit shall be issued for any structure which does not conform to and meet the requirements of rules and regulations promulgated by the board establishing minimum standards of sanitation, safety, and construction. No permit shall be issued for a term ending after June 30, 1997.
(b) No permit issued by the commissioner pursuant to subsection (a) of this Code section shall be renewable and a permit may be revoked by the commissioner at any time during its term for failure to continue to meet the requirements of the board's rules."
Section 2. In the event any article, section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other articles, sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the article, section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional was not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional.
Section 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 Coleman of the 118th and Murphy of the 18th move to amend the Committee substitute to HB 1390 as follows:
By inserting on page 8 line 12 after the word rivers the following: "which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year" - and by inserting the same after the word rivers on line 20 - and by inserting the same on line 29 - and on page 9 line 3 after the word rivers the same words.

The following amendment was read:

Representative Smith of the 156th moves to amend the Committee substitute to HB 1390 as follows:
On pg. 7, line 34 change June 30, 1997 to June 30, 2002.

TUESDAY, FEBRUARY 18, 1992

1059

On pg. 13, line 26, change the number 5 to the number 10.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams N Aiken N Alfnrd N Ashe N Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B
N Barnett.M Y Bates N Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick Y Branch N Breedlove N Brooks
Brown
Y Brush NBuck N Buckner YByrd N Campbell Y Cantv N Carrell N Carter N Cauthorn
N Chafin N Chambless
N Cheeks N Childers

N Clark.E N Clark.L N Coker N Coleman N Colwell
N Connell
N Culbreth N Cummings.B
Cummings.M N Davis.D N Davis.G Y Davis.M
Y Dixon.H N Dixon.S
N Dobbs
Dover N Dunn N Edwards N Elliott
Felton Y Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee Y Golden
N Goodwin E Green
N Greene Y Griffin
N Groover N Hamilton N Hammond N Hanner N Harris.B
N Harris,,!

N Heard Y Henson
N Herbert
N Holland N Holmes
Howard Y Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing Y Kingston N Klein N Ladd N Lane.D N Lane.R
Y Langford
N Lawrence N Lawson NLee
N Long
YLord N Lucas N Mann N Martin N McBee N McCoy N McKelvey N McKinney.B N McKinney.C Y Meadows N Merritt N Milam

N Mills
N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M N Orr
N Orrock
Y Padgett Parham
N Parrish
N Patten Pelote
N Perry N Pettit N Pinholster N Pinkston YPoag N Porter N Poston N Powell.A N Powell.C
N Presley N Purcell
N Randall NRay N Reaves N Redding N Ricketson N Royal
Selman N Sherrill
Simpson N Sinkfield

N Skipper
Smith.L
N Smith.P
Y Smith.T
Y Smith.W Y Smvre
N Snow
Y Stancil.F
N Stancil.S N Stanley Y Streat N Taylor N Teper N Thomas.C Y Thomas, M N Thomas.N
N Thurmond
N Titus Tolbert Townsend
N Turnquest
N Twiggs N Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts
White Y Wilder N Williams.B
Williams.J Y Williams.R
Yeargin Murphy .Spkr

On the adoption of the amendment, the ayes were 27, nays 136. The amendment was lost.

On the adoption of the Committee substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beattv Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown

N Brush Y Buck Y Buckner N Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M
Y Davis.D

Y Davis.G Y Davis.M N Dixon.H Y Dixon.S
Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott Y Felton N Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond

Y Hanner Y Harris.B Y HarrisJ
Y Heard N Henson Y Herbert
N Holland Y Holmes
Howard
N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Y Une.D
Y Lane.R Y Langford

N Lawrence Y Lawson YLee YLong NLord Y Lucas Y Mann Y Martin Y McBee
Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt
Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C

1060

JOURNAL OF THE HOUSE,

Y Oliver.M Y Orr
Orrock N Padgett
Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag

Y Porter N Poston Y Powell.A
Y Powell.C Y Presley Y Purcell Y Randall
Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman

Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith,P N Smith.T N Smith.W Y Smyre YSnow
Y Stancil.F Y Stancil,S Y Stanley

Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Tolbert Townsend Y Turnquest Y Twiggs Y Valenti

Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R
Yeargin
Murphy,Spkr

On the adoption of the Committee substitute, as amended, the ayes were 154, nays 15.
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 Abernathy Y Adams Y Aiken Y Alford
Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks
Brown Y Brush
YBuck Y Buckner NByrd Y Campbell Y Canty Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark,E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M
Y Davis.D Y Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton N Fennel Y Floyd.J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene
Y Griffin Y Groover Y Hamilton Y Hammond
Y Manner Y Harris.B
Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P N Smith.T N Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Tolbert Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams,B Williams.J Y Williams,R
Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Tolbert of the 58th 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.

TUESDAY, FEBRUARY 18, 1992

1061

HB 1518.

By Representatives Baker of the 51st, Pinkston of the 100th, Oliver of the 53rd and Hammond of the 20th:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of an agency relationship, so as to clarify the laws relating to the validity of a principal's granting, in writing, a conditional power of attorney, provided that one or more persons are designated by such principal to determine conclusively, by written declaration under penalty of perjury, that the conditional event or contingency has occurred.

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

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Branch Y Breedlove Y Brooks Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Y HarrisJ

Y Heard
Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag
Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Smith.L
Y Smith,? Y Smith.T
Smith.W Y Smyre YSnow Y Standl.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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 1508.

By Representatives Coker of the 21st, Klein of the 21st and Atkins 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 provide for acceptance by the Department of Public Safety of certificates of completion of all defensive driving, alcohol and drug, and driving under the influence clinics and programs approved by any other state for purposes of reinstatement of drivers' licenses.

1062

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

HB 1412. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Patten of the 149th:
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 provide that the Department of Education shall develop materials and resource guides for an environmental education and recycling awareness program for public schools.

The following Committee substitute was read and adopted:

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 provide that the Department of Education shall develop materials and resource guides for an environmental education and recycling awareness program for public schools; to provide that the department shall compile and disseminate certain information; to provide that the department shall perform certain training; to create the Environmental Education Council; to provide for the appointment of members; to provide for terms and the filling of vacancies; to provide for reimbursement of travel expenses; to provide for the provision of facilities and clerical and professional assistance; to provide powers and duties of the council; to provide for the deposit of and accounting for funds received by the council; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by inserting immediately following Code Section 20-2-303 a new Code section to read as follows:
"20-2-304. (a) The Department of Education shall develop curriculum materials and resource guides for an environmental education and recycling awareness program for kindergarten through grade 12. The purpose of such program shall be to instill in students an appreciation for the environment and their place within the environment.
(b) The department shall compile and disseminate to interested persons information on successful environmental programs in this state and elsewhere in the country. The department shall include environmental education as a part of the in-service training and staff development programs for schools, school systems, and regional educational service agencies."
Section 2. Said article is further amended by inserting immediately following Code Section 20-2-322 the following:
"20-2-322.1. (a) There is created within the Department of Education the Environmental Education Council. The membership of the council shall be composed of the State School Superintendent, the commissioner of natural resources or his designee, the commissioner of community affairs or his designee, and members appointed as follows:
(1) The Governor shall appoint seven members as follows: (A) Two persons whose primary job responsibility is teaching science in the pub-
lic schools of this state; (B) Two persons employed by the University System of Georgia, at least one of
whom shall be a specialist in the field of ecology or environmental science; (C) One person representing a state-wide environmental organization; and

TUESDAY, FEBRUARY 18, 1992

1063

(D) Two persons representing the business community of this state; and (2) The President of the Senate and the Speaker of the House of Representatives shall each appoint one member who shall not be a member of the General Assembly. (b) Six members of the council shall constitute a quorum. (c) Vacancies shall be filled by the applicable appointing authority. All appointed members shall serve at the pleasure of the appointing authority. (d) The Governor shall appoint one member to serve as chairman. The chairman shall appoint one member to serve as secretary-treasurer. (e) The members of the council shall serve without compensation but shall be entitled to receive the travel allowance provided in Code Section 50-19-7 for travel in furtherance of this Code section. The Department of Education shall provide the council with such facilities and clerical and professional assistance as the department deems appropriate. All such expenses, facilities, and assistance shall be provided from funds appropriated to the department and shall be subject to the availability of such funding. (f) The council shall have the power and the duty to solicit and accept private funds and receive state funds to be used for grants to local school systems for programs and projects designed to enhance awareness of environmental issues among the kindergarten and primary and secondary education students in the state. (g) The council shall award the grants referred to in subsection (e) of this Code section pursuant to criteria established by rule or regulation; provided, however, that any such grant awarded shall be conditioned upon the recipient's providing matching funds in an amount equaling at least 20 percent of the amount of the grant. Such matching funds may consist in whole or in part of local private funds or in-kind donations. (h) The council shall advise the Governor, the State School Superintendent, and the Department of Education on curriculum materials and resource guides for environmental education and recycling awareness programs for kindergarten through grade 12, on the programs and projects utilized by the schools designed to enhance awareness of environmental education, and on changes that the council deems advisable to improve and enhance environmental education in Georgia. (i) All funds received by the council shall be deposited in a banking institution in this state in a federally insured account. At the close of each fiscal year, the Department of Education shall cause an audit of all such funds to be conducted and shall provide copies of such audit to the state auditor and the Governor."
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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1447.

By Representatives Oliver of the 53rd, Cummings of the 17th, Lane of the 27th, Dixon of the 128th and Teper of the 46th:
A bill to amend Code Section 40-6-294 of the Official Code of Georgia Annotated, relating to riding on roadways and bicycle paths, so as to authorize local governing authorities to require bicycle riders to use bicycle paths under certain conditions.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-6-294 of the Official Code of Georgia Annotated, relating to riding on roadways and bicycle paths, so as to authorize local governing authorities to

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require bicycle riders to use bicycle paths under certain conditions; to provide for minimum standards for bicycle paths; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-294 of the Official Code of Georgia Annotated, relating to riding on roadways and bicycle paths, is amended by striking subsection (c), which reads as follows:
"(c) Wherever a usable path or sidewalk designated for use of bicycle riders adjacent to a roadway has been provided, bicycle riders shall use such path or sidewalk and shall not use the roadway.", and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Whenever a usable path has been provided adjacent to a roadway and designated for the exclusive use of bicycle riders, then the appropriate governing authority may require that bicycle riders use such path and not use those sections of the roadway so specified by such local governing authority. The governing authority may be petitioned to remove restrictions upon demonstration that the path has become inadequate due to capacity, maintenance, or other causes."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Paths subject to the provisions of subsection (c) of this Code section shall at a minimum be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials, and such paths shall provide accessibility to destinations equivalent to the use of the roadway."
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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1401.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide that the social security account numbers of parents shall be entered on a certificate of birth.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1283.

By Representatives Pettit of the 19th, Watson of the 114th, Wilder of the 21st and Holmes of the 28th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that trust or escrow accounts maintained by real estate brokers shall be federally insured and may be interest bearing.

The following Committee substitute was read and adopted:

TUESDAY, FEBRUARY 18, 1992

1065

A BILL
To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that trust or escrow accounts maintained by real estate brokers shall be federally insured and may be interest bearing; to provide that the number of a trust or escrow account shall be provided by the broker to the Georgia Real Estate Commission; to authorize the commission to require written reports on the status of trust accounts maintained by brokers; to provide requirements for trust accounts maintained by salespersons and associate brokers; to provide for violations relative to exclusive agency agreements and agreements directing the payment of interest on trust accounts; 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 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking Code Section 43-40-20, relating to the requirement of a trust or escrow checking account for real estate business, in its entirety and inserting in its place a new Code Section 43-40-20 to read as follows:
"43-40-20. (a) Each broker shall maintain a separate^ federally insured bank checking account in this state which shall be designated a trust or escrow account wherein all down payments, earnest money deposits, or other trust funds received by the broker or the broker's affiliated licensees, on behalf of a principal or any other person, shall be deposited. An account so designated and registered with the commission shall not be subject to attachment or garnishment.
(b) Each broker shall notify the commission of the name of the bank in which the trust account is maintained and also the number of the account or, if the bank does not use numbered accounts, the name of the account on forms provided therefor.
(c) Each broker shall authorize the commission to examine such trust account by a duly authorized representative of the commission. Such examination may be made biennially or at such time as the commission may direct upon reasonable cause. The commission, in its discretion, may accept a written report from a certified public accountant that the broker's trust account or accounts are maintained in accordance with the provisions of this chapter and its attendant rules and regulations in lieu of an examination by a duly authorized representative of the commission. The commission, after initiating an authorized investigation, may require that a broker supply to it written reports on the status of the broker's designated trust account or accounts.
(d) A broker may maintain more than one trust account if the commission is advised of such account, as specified in subsections (a), (b), and (c) of this Code section.
(e) A broker shall not be entitled to any part of the earnest money or other money paid to the broker in connection with any real estate transaction as part or all of the broker's commission or fee until the transaction has been consummated or terminated.
(f) Any licensee, acting in the capacity of principal in the sale of interests in real estate owned by such licensee, shall deposit in a trust account in a state bank or trust company or any foreign bank which authorizes the commission to examine its records of such deposits those parts of all payments received on contracts which are necessary to meet any amounts concurrently due and payable on any existing mortgages, contracts for deed or other conveyancing instruments, reserves for taxes and insurance, or any other encumbrance on such receipts. Such deposits shall be maintained until disbursement is made under the terms of the encumbrance pertaining thereto and proper accounting on such property is made to the parties entitled thereto.
(g) The commission, in its discretion, may allow a nonresident broker to maintain the trust account required in subsection (a) of this Code section in a bank of such nonresident broker's state of residence, provided that the commission is authorized to examine the account at such time or times as the commission may elect and that the licensee meets the requirements of any rules which the commission may establish regarding the maintenance of such accounts.
(h) Salespersons or associate brokers who receive security deposits or other trust funds on property they own or who receive payments as described in subsection (f) of

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this Code section must deposit those funds into a designated trust account maintained by the broker with whom their licenses are affiliated or in a designated trust account approved by that broker. If the broker approves the affiliated licensee's holding such trust funds in a designated trust account owned by the licensee, the broker shall assure that the bank in which the account is maintained designates the account as a trust account and the broker shall notify the commission of the name of the bank in which the account is maintained and i the name number of the account; and the name of the licensee who owns the account. The licensee who owns such account shall maintain such records on the account as are required by this chapter and the applicable rules and regulations for brokers in maintaining their trust accounts. The licensee who owns such account shall provide to such licensee's broker on at least a quarterly basis a written reconciliation statement comparing the licensee's total trust liability with the reconciled bank balance of the licensee's trust account."
Section 2. Said chapter is further amended by striking paragraphs (5) and (13) of subsection (a) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors and sanctions for violations, in their entirety and inserting in their respective places new paragraphs (5) and (13) to read as follows:
"(5) Failing to maintain and deposit in a separate, nonintercat-bearing federally insured checking account all money received by said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing;"
"(13) Inducing any party to a contract of sale or lease, a listing contract, an exclusive agency contract or agreement, or a management agreement to break such contract or agreement for the purpose of substituting in lieu thereof a new any other contract or agreement with another principal;"
Section 3. Said chapter is further amended by striking paragraphs (28) and (29) of subsection (a) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors and sanctions for violations, in their entirety and inserting in lieu thereof new paragraphs (28), (29), and (30) to read as follows:
"(28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; er
(29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the brokert; or
(30) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such account."
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 119, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1396. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, so as to change certain provisions governing sharing of revenues resulting from enforcement of load limitations.

TUESDAY, FEBRUARY 18, 1992

1067

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

Representative Jenkins of the 80th stated that he wished to be recorded as voting "nay" on HB 1396.

HR 790. By Representatives Stancil of the 8th, Pinholster of the 8th, Selman of the 32nd and Coleman of the 118th:
A resolution designating the Reinhardt College 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 115, 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 Motor Vehicles and recommitted to the Committee on Ways and Means.

HB 1279. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others:
A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide for the ad valorem taxation of heavy-duty equipment used for construction purposes.

Representative Kilgore of the 42nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

HB 1356 Do Pass, by Substitute HB 1489 Do Pass HB 1490 Do Pass

HR 781 Do Pass SB 484 Do Pass, by Subsitute

Respectfully submitted, /s/ Kilgore of the 42nd
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:

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HB 1323 Do Pass, by Substitute HB 1418 Do Pass HB 1453 Do Pass, by Substitute

HB 1548 Do Pass, by Substitute HB 1660 Do Pass, by Substitute
Respectfully submitted, /a/ Balkcom of the 140th
Chairman

Representative Dunn of the 73rd District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 799 Do Pass, by Substitute HB 1416 Do Pass SB 292 Do Pass
Respectfully submitted, /s/ Dunn of the 73rd
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 1556 Do Pass, by Substitute HB 1612 Do Pass HB 1649 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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

HB 1528 Do Pass, by Substitute
HB 1415 Do Pass HB 1687 Do Pass

HB 1589 Do Pass HB 1424 Do Pass

Respectfully submitted, /s/ Randall of the 101st
Chairman

TUESDAY, FEBRUARY 18, 1992

1069

Representative Dover of the llth 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 1405 Do Pass, by Substitute HB 1397 Do Pass, by Substitute HB 1395 Do Pass

HB 1400 Do Pass HB 1124 Do Pass, by Substitute HB 1595 Do Pass, by Substitute

Respectfully submitted, /s/ Dover of the llth
Chairman

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

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 19, 1992

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 Gilbert Ramsey, Pastor, St. Paul United Methodist Church, Columbus, Georgia.
The members pledged allegiance to the flag.
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 1756. By Representatives Byrd of the 153rd, Patten of the 149th and Bargeron of the 108th: 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 provisions relating to junk or metal dealers; to provide for the regulation of secondary metals recyclers and the sale, transfer, possession, or disposition of regulated metal property.
Referred to the Committee on Industry.

WEDNESDAY, FEBRUARY 19, 1992

1071

HB 1757. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to deannex and remove certain property from the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1758. By Representative Lord of the 107th:
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 certain procedures which will enable a disabled veteran to qualify for a special license plate.
Referred to the Committee on Motor Vehicles.
HB 1759. By Representative Smith of the 156th:
A bill to amend an Act providing for a board of elections in counties having a population of not less than 7,330 nor more than 7,550 according to the United States decennial census of 1970 or any future such census, as amended, so as to repeal in its entirety said Act, as amended.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1760. By Representative Dunn of the 73rd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations, so as to prohibit an insurer from imposing a surcharge against a driver who attends a driver improvement clinic for the purpose that points will not be assessed for a traffic violation.
Referred to the Committee on Insurance.
HB 1761. By Representatives Elliott of the 103rd, Hamilton of the 124th, Walker of the 113th, Meadows of the 91st, Heard of the 43rd and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that no local school system shall adopt or condone a policy which interferes or attempts to interfere with open communication between a child and a parent or guardian.
Referred to the Committee on Education.

HB 1762. By Representative Lord of the 107th: A bill to provide a new charter for the City of Kite.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1763. By Representatives Benefield of the 72nd, Murphy of the 18th, Lee of the 72nd, Chafin of the 72nd, King of the 72nd and others:
A bill to amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, so as to provide the form that shall be used in reporting of family violence incidents; to provide for collection and publication of data; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, so as to provide for training in investigation of family violence incidents.
Referred to the Committee on Public Safety.

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HB 1764. By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for the position of deputy clerk; to provide for the position of county treasurer.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1765. By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1766. By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th:
A bill to repeal an Act to amend an Act creating a Board of Commissioners of Coweta County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1768. By Representatives Clark of the 20th, Vaughan of the 20th, Atkins of the 21st, Hammond of the 20th, Coker of the 21st and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth in Cobb County, so as to provide that the municipal court shall be authorized to create a probation office under the supervision of the chief judge of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1770. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the compensation of the personnel of said officer.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1771. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the compensation of the personnel of said officer.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1772. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act creating a new charter for the City of LaFayette, so as to change and define the corporate limits of the City of LaFayette.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 19, 1992

1073

HB 1773. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the compensation of the personnel of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1774. By Representatives Powell of the 13th and Clark of the 13th: A bill to provide a new charter for the City of Hartwell.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1775. By Representative Dunn of the 73rd:
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 a short title; to provide for legislative intent; to provide for definitions; to provide for applicability; to create the Georgia Small Employer Health Reinsurance Program.
Referred to the Committee on Insurance.

HB 1778. By Representatives Tolbert of the 58th, Williams of the 48th, Ladd of the 44th, Lawrence of the 49th and Davis of the 45th:
A bill to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a three-year phase in period for certain residents of that school district who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1779. By Representatives Taylor of the 94th, Thurmond of the 67th and Harris of the 96th:
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 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 dedicated and set apart by a county or municipal governing authority as a park, playground, or recreation center.
Referred to the Committee on Special Judiciary.

HB 1780. By Representatives Martin of the 26th, Orrock of the 30th and Oliver of the 53rd:
A bill to provide a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1781. By Representative Martin of the 26th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to repeal certain provisions relating to the offense of sodomy; to change certain provisions regarding the offense of solicitation of sodomy; to repeal certain provisions regarding the offense of fornication; to repeal certain provisions regarding the offense of adultery.
Referred to the Committee on Special Judiciary.

HB 1782. By Representatives Randall of the 101st, Bostick of the 138th, Cummings of the 134th and Martin of the 26th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for discovery and inspection in criminal cases; to provide for disclosure of evidence by the prosecution and defendants.
Referred to the Committee on Special Judiciary.

HB 1783. By Representatives Martin of the 26th and Campbell of the 23rd:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to repeal certain provisions relating to collection, deposit, and use of funds in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1784. By Representatives McBee of the 68th, Clark of the 13th, Powell of the 13th, Thurmond of the 67th and Stancil of the 66th:
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 third judgeship for the Western Judicial Circuit.
Referred to the Committee on Judiciary.

HB 1785. By Representatives Martin of the 26th, Orrock of the 30th and Oliver of the 53rd:
A bill to provide a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1786. 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 composition of the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1787. By Representative Hudson of the 117th:
A bill to amend an Act providing for the continuing existence of the Wilcox County School District and the Wilcox County board of education, so as to change the composition of the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 19, 1992

1075

HB 1788. By Representatives McCoy of the 1st and Snow of the 1st:
A bill to amend Article 1 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions concerning trials of criminal cases, so as to require the court to inform the jury of its right to judge both law and facts in reaching a verdict; to require trial jurors to acknowledge by oath that they understand such right.
Referred to the Committee on Special Judiciary.

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

HB 1721
HB 1723 HB 1724 HB 1725 HB 1726 HB 1727

HB 1746
HB 1747 HB 1748 HB 1749 HB 1750 HB 1751

HB H29 HupB m 17C(o1
HR mJ
rlD LlO. MR 17 1}-}
HR 17S4

fTlTDQ

1C

HB 1737

HHBB 11773389

HB 1741

HB 1742

HB 1743

HB 1744

HB 1745

g tiO 1/54

HB 1755
TJTJ -\ncn " " i/b/
HB 1769

HB
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1776
-\nnrj
il ' '

?=B? l ^f SB 415 SB 464
SB 515
SB 631 SB 656

Representative Dunn of the 73rd 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 1202 Do Pass, by Substitute HB 1532 Do Pass, by Substitute HB 1646 Do Pass, by Substitute

HB 1666 Do Pass, by Substitute HB 1676 Do Pass, by Substitute

Respectfully submitted, /s/ Dunn of the 73rd
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE,

Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 124 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
Chairman

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

Mr. Speaker:
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 814 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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1351 Do Pass, by Substitute HB 1465 Do Pass HB 1495 Do Pass HB 1558 Do Pass HB 1623 Do Pass HB 1645 Do Pass

HB 1652 Do Pass HB 1707 Do Pass HB 1704 Do Pass HB 1705 Do Pass SB 574 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:
Your Committee on University System of Georgia 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 1693 Do Pass SB 461 Do Pass
Respectfully submitted, /s/ Buck of the 95th
Chairman

WEDNESDAY, FEBRUARY 19, 1992

1077

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

HB 1351.

By Representatives Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act creating a Board of Commissioners of Hall County, as amended, so as to change the composition of the commissioner districts from which the commissioners are elected.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a Board of Commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 7, 1966 (Ga. L. 1966, p. 3305), an Act approved March 16, 1978 (Ga. L. 1978, p. 3802), and an Act approved March 22, 1989 (Ga. L. 1989, p. 4030), so as to change the composition of the commissioner districts from which the commissioners are elected; to provide for definitions and inclusions; to provide for other related matters; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 7, 1966 (Ga. L. 1966, p. 3305), an Act approved March 16, 1978 (Ga. L. 1978, p. 3802), and an Act approved March 22, 1989 (Ga. L. 1989, p. 4030), is amended by striking Sections 2, 2A, and 3 in their entirety and inserting in lieu thereof new Sections 2, 2A, and 3 to read as follows:
"Section 2. (a) The Board of Commissioners of Hall County shall be composed of five members, one from each of the four commissioner districts provided for in Section 3 of this Act and one elected from the county at large who shall be the chairman.
(b) Persons qualifying as candidates for membership on the board shall designate whether qualifying for a district membership or for chairman. In order to represent a district, a person must be a resident of said district. Each district commissioner shall be elected by a majority of the electors voting in such commissioner district and the chairman shall be elected by a majority of the electors voting in the county.
Section 2A. (a) The chairman and those commissioners in office on the effective date of this Act who represent District 2 and District 4 shall continue to serve until the expiration of their present terms on December 31, 1992. Their successors shall be elected at the general election in November, 1992, from the commissioner districts provided in Section 3 of this Act, for terms of office of four years, beginning January 1, 1993, and until their successors are elected and qualified.
(b) Those commissioners in office on the effective date of this Act who represent District 1 and District 3 shall continue to serve until the expiration of their present terms on December 31, 1994. Their successors shall be elected at the general election in November, 1994, from the commissioner districts provided in Section 3 of this Act, for terms of office of four years, beginning January 1, 1995, and until their successors are elected and qualified.
Section 3. (a) Hall County is divided into four commissioner districts as follows:
Commissioner District: 1
HALL COUNTY VTD: 0004 FLOWERY BRANCH VTD: 0005 ROBERTS VTD: 0006 MORGAN

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JOURNAL OF THE HOUSE,

VTD: 0007 CANDLER VTD: 0008 TADMORE VTD: 0022 GAINSVILLE MILL
Commissioner District: 2
HALL COUNTY VTD: 0001 WILSON VTD: 0002 CHICOPEE VTD: 0003 OAKWOOD VTD: 0013 BARK CAMP (Part) Tract: 0003. Block(s): 121, 122, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 249, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 535, 539 Tract: 0004. Block(s): 301, 302, 309, 310, 312 VTD: 0014 FORK VTD: 0025 OAKWOOD II
Commissioner District: 3
HALL COUNTY VTD: 0009 GLADE VTD: 0010 LULA VTD: 0011 CLERMONT VTD: 0012 QUILLIANS (Part) Tract: 0002. Block(s): 313, 314, 315, 332, 333, 334, 335, 336, 337, 338, 339, 340, 343, 344, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 465, 527, 528, 529, 530, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 601, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843 Tract: 0003. Block(s): 401 VTD: 0013 BARK CAMP (Part) Tract: 0002. Block(s): 341, 342, 345, 346, 431, 432, 433, 434, 435 Tract: 0003. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 123, 131, 148, 149, 150, 151, 152, 153, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: 0015 WHELCHEL VTD: 0016 WEST WELCHEL VTD: 0023 NEW HOLLAND VTD: 0024 GILLSVILLE

WEDNESDAY, FEBRUARY 19, 1992

1079

Commissioner District: 4
HALL COUNTY VTD: 0017 GAINESVILLE I VTD: 0018 GAINESVILLE II VTD: 0019 GAINESVILLE III VTD: 0020 GAINESVILLE VI VTD: 0021 RIVERBEND
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(5) Any part of Hall County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of Hall County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Hall County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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 141, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1465. By Representative Mobley of the 64th:
A bill to amend an Act providing authority for members of the Board of Education of Barrow County, so as to reapportion the education districts.

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

1080

JOURNAL OF THE HOUSE,

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

HB 1495. By Representative Perry of the 5th:
A bill to amend an Act to create the Board of Commissioners of Chattooga County, so as to provide new commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 141, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1558. By Representatives Brush of the 83rd, Griffin of the 6th, Mann of the 6th, Poag of the 3rd, Thomas of the 69th and others:
A bill to repeal an Act providing for a board of elections in certain counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 141, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1623. By Representative Twiggs of the 4th: A bill to create the Clayton-Rabun County Water and Sewer Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 141, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1645.

By Representatives Jackson of the 9th, Orr of the 9th and Lawson of the 9th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts in traffic cases, so as to repeal the authority of the clerk of the superior court in certain counties to attend probate court in traffic cases.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 141, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1652. By Representatives Bates of the 141st, Murphy of the 18th, Streat of the 139th, Barnett of the 10th, Purcell of the 129th and others:
A bill to amend an Act to abolish the office of county treasurer in counties having a population of not less than 25,250 and not greater than 28,250 according to the U. S. Census of 1960 or any such future census, so as to repeal said Act.

WEDNESDAY, FEBRUARY 19, 1992

1081

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 141, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1707.

By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to create a public body corporate and politic and instrumentality of the County of Rabun, to be known as the Rabun County Economic 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 ayes were 141, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 574. By Senator Ramsey of the 54th:
A bill to amend an Act creating the office of commissioner of Murray County, as amended, so as to change the composition of the commission districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 141, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1704.

By Representatives Childers of the 15th and McKelvey of the 15th:
A bill to provide a homestead exemption from Floyd County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of that homestead for certain residents of that 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:

Abernathy
Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty
Benefield Y Birdsong
Blitch

Bordeaux
Y Bostick Y Branch Y Breedlove N Brooks
Brown Y Brush Y Buck
Buckner Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless

Cheeks
Y Childers Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis.G Davis.M Y Dixon.H Y Dixon.S Dobbs

Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y FloydJ.M Y Floyd,J.W
Flynt Y Godbee Y Golden
Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton

Y Hammond
Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore

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JOURNAL OF THE HOUSE,

Y King
Kingston Y Klein
Y Lacid Y Lane.D Y Lane.R Y Langt'ord Y Lawrence Y Lawson
Y Lee Y Long
Lord Lucas Y Mann Y Martin Y McBee
Y McOoy Y McKelvey
McKinney,B

McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C
Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote

Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay
Reaves Redding Y Ricketson Y Royal
Y Selman Y Sherrill

Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N
Thurmond

Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Y Walker.L Y Wall
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy,Spkr

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

Representatives Buckner of the 72nd and Davis of the 45th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1705.

By Representatives Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the amount of the exemption.

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

Abernathy Y Adams Y Aiken Y Alford
Y Ashe Y Atkins Y Baker Y Balkcom Y Barfont
Bargeron
Y Barnett.B Barnett.M
Y Bates Y Beatty
Benefield Y Birdsong
Blitch Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Brown Y Brush
Y Buck Buckner
Byrd Y Campbell
Y Canty Y Carrell

Y Carter
Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth
Y Cummings.B Y Cummings.M Y Davis.D
Davis.G Davis,M
Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt

Y Godbee Y Golden
Goodwin E Green
Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King
Kingston Y Klein YLadd Y Lane.D

Y Lane.R
Y Langford Y Lawrence
Y Lawson YLee Y' Long
Lord Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney,B McKinney.C
Y Meadows Y Merritt Y Milam
Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M Y Orr Orrock Y Padgett Y Parham

Y Parrish Y Patten Y Pelote
Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Y Poston Y Powell,A Y Powell.C
Y Presley Y Purcell
Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Smyre

WEDNESDAY, FEBRUARY 19, 1992

1083

Y Snow
Y Stancil.F Y Stancil.S
Y Stanley Y Streat Y Taylor

Y Teper
Thomas.C Y Thomas.M
Y Thomas.N Thurmond
Y Titus

Y Tolbert
Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan

Y Walker.J
Y Walker.L Y Wall
Y Watson Y Watts
White

Y Wilder
Y Williams.B Y Williams.J
Y Williams.R Y Yeargin
Murphy,Spkr

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

Representatives Buckner of the 72nd and Davis of the 45th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

Mr. Speaker: The Senate has agreed to the House substitute to the following Bill of the Senate:

SB 570. By Senator Hasty of the 51st:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," as amended, so as to change the provisions relating to the number and time of regularly scheduled meetings.

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

HB 825. By Representatives Felton of the 22nd and Campbell of the 23rd:
A bill to amend Code Section 36-67-4 of the Official Code of Georgia Annotated, relating to zoning proposal recommendation standards applicable to zoning procedures for counties and municipalities meeting certain population requirements, so as to encourage the creation of planning commissions to serve identifiable areas and communities.

HB 1272. By Representatives Williams of the 90th, Dunn of the 73rd, Connell of the 87th, Ricketson of the 82nd, Brown of the 88th and others:
A bill to amend Code Section 33-3-6 of the Official Code of Georgia Annotated, relating to requirements for insurance companies as to capital stock or surplus, so as to provide that the Commissioner of Insurance shall be authorized to grant an extension to a domestic insurer that has not met certain minimum requirements.

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

SB 383. By Senators Robinson of the 16th, Gillis of the 20th and Hammill of the 3rd:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in felony cases, so as to provide for an equal number of peremptory challenges by the defendant and the prosecuting attorney.

1084

JOURNAL OF THE HOUSE,

SB 458. By Senators Collins of the 17th, Phillips of the 9th and Newbill of the 56th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit agricultural licensees and agricultural lessees and certain others acting on their behalf from making contributions to or on behalf of the Commissioner of Agriculture or to candidates or campaign committees with respect to such office; to provide for definitions; to prohibit the accepting of certain contributions; to authorize certain voluntary personal contributions.

SB 514. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share funds that local school systems are required to spend to support the Quality Basic Education Program, so as to provide that the local per capita income be included in the formula used to determine the amount of such funds; to provide that the State Board of Education shall use certain per capita income figures.

SB 545. By Senator Foster of the 50th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to create the office of the multicounty public defender; to define certain terms; to provide for the nature and powers of such office; to provide for the management of such office; to provide for the preparation of a budget and for payment of expenses of such office; to provide for the appointment of a multicounty public defender; to provide for staffing of such office.

SB 549. By Senator Scott of the 36th:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, so as to change the provision relating to the sale of alcoholic beverages within 250 feet of a polling place to make such limitation apply only for consumption on the premises.

SB 553. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated so as to change the minimum annual salaries received by the constitutional county officers in this state; to change the provisions relating to periodic cost-of-living adjustments to the minimum annual salaries received by the constitutional county officers; to change provisions relating to longevity increases in salaries of constitutional county officers; to provide an effective date.

SB 561. By Senator Johnson of the 47th:
A bill to amend Code Section 31-7-3 of the Official Code of Georgia Annotated, relating to requirements for permits to operate hospitals and related institutions, so as to provide for consultation with the office of the state long-term care ombudsman prior to licensing a personal care home; to provide for denial of a license for a personal care home on the basis of information from the office of the state long-term care ombudsman.

WEDNESDAY, FEBRUARY 19, 1992

1085

SB 586. By Senators Garner of the 30th, Kidd of the 25th, Taylor of the 12th and others:
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 with respect to state health planning, so as to change the provisions relating to the Health Planning Review Board and judicial review of agency decisions; to provide for the consolidation of multiple petitions for judicial review; to provide an effective date.

SB 591. By Senator Dawkins of the 45th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for teachers and other school personnel, so as to affirm the entitlement and discretion vested in local units of administration to provide payroll deduction services for public school personnel employed by the school system.

SB 598. By Senators Edge of the 28th and Dawkins of the 45th:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to hazardous conditions, preventable diseases, and metabolic disorders, so as to repeal certain provisions relative to the necessity of having a certain license in order to sell or dispense contact lenses; to provide an effective date.

SB 602. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Chapter 19 of Title 31 of the Official Code of Georgia Annotated, relating to the control of rabies, so as to provide that procedures shall be in compliance with the National Association of State Public Health Veterinarians; to repeal Code Section 31-19-6, relating to certificates of inoculation.

SB 611. By Senators Ray of the 19th, Garner of the 30th and Perdue of the 18th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to provide for single-trip permits for mobile homes, modular homes, and sectional houses in excess of 14 feet wide up to and including 16 feet wide; to provide for a fee for such permits.

SB 616. By Senators Thompson of the 33rd and Coleman of the 1st:
A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on the rights of way of public roads, so as to change the provisions relating to bus shelters; to restrict the right to erect and maintain bus shelters.

SB 617. By Senator Ray of the 19th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to remove the requirement for notification of nonresidents of the receipt of returns by a tax commissioner; to remove the requirement that a tax commissioner appear before the county governing authority at least twice each year.

1086

JOURNAL OF THE HOUSE,

SB 640. By Senators Hill of the 4th and Perdue of the 18th:
A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated, relating to the entry of a plea of nolo contendere to a charge of violating Code Section 40-6-391, so as to restrict the entry of a plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; to require the judge to set forth the compelling reason for his accepting the plea of nolo contendere.
SB 643. By Senators Ragan of the 32nd and Moye of the 34th:
A bill to amend Code Section 40-5-172 of the Official Code of Georgia Annotated, relating to issuance of handicapped identification cards, so as to provide for the issuance of a handicapped identification card to any woman who is at least six months pregnant; to provide for procedures and fees.
SB 669. By Senator Steinberg of the 42nd:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and other health care facilities, so as to provide for restrictions on referrals to personal care homes.
SB 672. By Senators Gillis of the 20th, Huggins of the 53rd, Marable of the 52nd and others:
A bill to amend Code Section 27-4-52 of the Official Code of Georgia Annotated, relating to trout waters without seasons, so as to add certain streams; to delete one stream.
HB 613. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to special license plates for firefighters, so as to change the authority for issuance of such license plates.
HB 631. By Representatives Twiggs of the 4th, Jenkins of the 80th, Mobley of the 64th and Colwell of the 4th:
A bill to amend Code Section 35-8-9 of the Official Code of Georgia Annotated, relating to completion of the basic training course required under the "Georgia Peace Officer Standards and Training Act," so as to change the time within which a candidate is required to complete the basic training course after his appointment as a peace officer.
HB 707. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," so as to define a certain term; to repeal certain provisions relating to a penalty for late renewal of boat registrations.
HB 904. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair practices in the business of insurance, so as to provide that direct response advertising by an insurer where such advertisement has not been approved by the Commissioner shall constitute an unfair practice.

WEDNESDAY, FEBRUARY 19, 1992

1087

HB 914. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th and Howard of the 85th:
A bill to amend an Act providing for procedures whereby a Judge of the Municipal Court, City of Augusta, Richmond County, and the Civil Court of Richmond County shall be eligible to become a Judge Emeritus of such courts, so as to substantially revise such Act.

HB 1150.

By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to authorized types of service cancelable educational loans, so as to include selected degree programs in gerontology and geriatrics as educational fields of study approved for service cancelable loans.

HB 1193. By Representatives Reaves of the 147th, Selman of the 32nd, Royal of the 144th, Hudson of the 117th, Carter of the 146th and others:
A bill to amend Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture with respect to weights and measures, so as to provide that the Commissioner shall establish, by regulation, a schedule of fees to cover the calibration of weighing and measuring devices, the registration of scale mechanics, the certifying of weights, and scale registration.

HB 1337. By Representative Hanner of the 131st:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts.

SB 685. By Senator Ragan of the 32nd:
A bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older; to provide for related matters; to provide for a referendum; to repeal certain existing homestead exemptions; to provide for effective dates.

SB 690. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to provide for the election of the mayor and aldermen of the City of Eatonton; to provide for the election of certain aldermen from wards; to provide for terms of office; to provide procedures; to provide for description of wards.

SB 691. By Senator Kidd of the 25th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, and the Judge of the Probate Court of Putnam County on an annual salary, as amended, so as to change the compensation of the sheriff.

SB 692. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Putnam County, as amended, so as to change the compensation of the tax commissioner; to provide an effective date.

1088

JOURNAL OF THE HOUSE,

HB 1367.

By Representatives Lee of the 72nd, Benefield of the 72nd, King of the 72nd, Chafin of the 72nd and Buckner of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to modify the description of the education districts to reflect the 1990 census figures.

HB 1368.

By Representatives Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd, King of the 72nd and Buckner of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to provide for four commissioner districts.

HB 1469.

By Representatives Alford of the 57th and Oliver of the 53rd:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to exclude certain nonrecurring costs from the definition of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs.

HB 1578.

By Representatives Groover of the 99th, Lucas of the 102nd, Pinkston of the 100th, Elliott of the 103rd and Randall of the 101st:
A bill to approve the transfer of the intake and probation services of the Juvenile Court of Bibb County to the Department of Human Resources to become a part of the state-wide juvenile intake and probation services and fully funded through the department.

HB 1581.

By Representatives Clark of the 13th and Powell of the 13th:
A bill to provide for homestead exemptions from Franklin County ad valorem taxes for county purposes and from Franklin County School District ad valorem taxes for educational purposes for certain residents of that county and school district.

HB 1604.

By Representatives Buck of the 95th, Culbreth of the 97th, Harris of the 96th, Taylor of the 94th, Moultrie of the 93rd and others:
A bill to amend an Act providing for homestead exemptions from Muscogee County ad valorem taxes and from Muscogee County School District ad valorem taxes for educational purposes for certain residents of that county and school district, so as to provide for the application of such exemptions with respect to certain taxes to retire certain bonded indebtedness.

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

SR 358. By Senator Foster of the 50th: A resolution designating the "Historic U.S. 19 and Ga. 60 Business Route".

SR 408. By Senators Hammill of the 3rd and Echols of the 6th:
A resolution authorizing the conveyance of certain state owned real property located in Glynn County, Georgia; to provide an effective date.

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SR 410. By Senator Huggins of the 53rd:
A resolution honoring Mr. James L. Clarkson and designating the James L. Clarkson Memorial Highway.

SR 481. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and others:
A resolution commending the Roosevelt Circle Revitalization Program.

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

SB 383. By Senators Robinson of the 16th, Gillis of the 20th and Hammill of the 3rd:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in felony cases, so as to provide for an equal number of peremptory challenges by the defendant and the prosecuting attorney.
Referred to the Committee on Special Judiciary.

SB 458. By Senators Collins of the 17th, Phillips of the 9th and Newbill of the 56th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit agricultural licensees and agricultural lessees and certain others acting on their behalf from making contributions to or on behalf of the Commissioner of Agriculture or to candidates or campaign committees with respect to such office; to provide for definitions; to prohibit the accepting of certain contributions; to authorize certain voluntary personal contributions.
Referred to the Committee on Judiciary.

SB 514. By Senator Foster of the 50th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share funds that local school systems are required to spend to support the Quality Basic Education Program, so as to provide that the local per capita income be included in the formula used to determine the amount of such funds; to provide that the State Board of Education shall use certain per capita income figures.
Referred to the Committee on Education.

SB 545. By Senator Foster of the 50th:
A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to create the office of the multicounty public defender; to define certain terms; to provide for the nature and powers of such office; to provide for the management of such office; to provide for the preparation of a budget and for payment of expenses of such office; to provide for the appointment of a multicounty public defender; to provide for staffing of such office.
Referred to the Committee on Special Judiciary.

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SB 549. By Senator Scott of the 36th:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, so as to change the provision relating to the sale of alcoholic beverages within 250 feet of a polling place to make such limitation apply only for consumption on the premises.
Referred to the Committee on Governmental Affairs.
SB 553. By Senator Kidd of the 25th:
A bill to amend the Official Code of Georgia Annotated so as to change the minimum annual salaries received by the constitutional county officers in this state; to change the provisions relating to periodic cost-of-living adjustments to the minimum annual salaries received by the constitutional county officers; to change provisions relating to longevity increases in salaries of constitutional county officers; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.
SB 561. By Senator Johnson of the 47th:
A bill to amend Code Section 31-7-3 of the Official Code of Georgia Annotated, relating to requirements for permits to operate hospitals and related institutions, so as to provide for consultation with the office of the state long-term care ombudsman prior to licensing a personal care home; to provide for denial of a license for a personal care home on the basis of information from the office of the state long-term care ombudsman.
Referred to the Committee on Health & Ecology.
SB 586. By Senators Garner of the 30th, Kidd of the 25th, Taylor of the 12th and others:
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 with respect to state health planning, so as to change the provisions relating to the Health Planning Review Board and judicial review of agency decisions; to provide for the consolidation of multiple petitions for judicial review; to provide an effective date.
Referred to the Committee on Health & Ecology.
SB 591. By Senator Dawkins of the 45th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for teachers and other school personnel, so as to affirm the entitlement and discretion vested in local units of administration to provide payroll deduction services for public school personnel employed by the school system.
Referred to the Committee on Education.
SB 598. By Senators Edge of the 28th and Dawkins of the 45th:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to hazardous conditions, preventable diseases, and metabolic disorders, so as to repeal certain provisions relative to the necessity of having a certain license in order to sell or dispense contact lenses; to provide an effective date.
Referred to the Committee on Health & Ecology.

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SB 602. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Chapter 19 of Title 31 of the Official Code of Georgia Annotated, relating to the control of rabies, so as to provide that procedures shall be in compliance with the National Association of State Public Health Veterinarians; to repeal Code Section 31-19-6, relating to certificates of inoculation.
Referred to the Committee on Health & Ecology.

SB 611. By Senators Ray of the 19th, Garner of the 30th and Perdue of the 18th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to provide for single-trip permits for mobile homes, modular homes, and sectional houses in excess of 14 feet wide up to and including 16 feet wide; to provide for a fee for such permits.
Referred to the Committee on Transportation.

SB 616. By Senators Thompson of the 33rd and Coleman of the 1st:
A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on the rights of way of public roads, so as to change the provisions relating to bus shelters; to restrict the right to erect and maintain bus shelters.
Referred to the Committee on Transportation.

SB 617. By Senator Ray of the 19th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to remove the requirement for notification of nonresidents of the receipt of returns by a tax commissioner; to remove the requirement that a tax commissioner appear before the county governing authority at least twice each year.
Referred to the Committee on Ways & Means.

SB 640. By Senators Hill of the 4th and Perdue of the 18th:
A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated, relating to the entry of a plea of nolo contendere to a charge of violating Code Section 40-6-391, so as to restrict the entry of a plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; to require the judge to set forth the compelling reason for his accepting the plea of nolo contendere.
Referred to the Committee on Motor Vehicles.

SB 643. By Senators Ragan of the 32nd and Moye of the 34th:
A bill to amend Code Section 40-5-172 of the Official Code of Georgia Annotated, relating to issuance of handicapped identification cards, so as to provide for the issuance of a handicapped identification card to any woman who is at least six months pregnant; to provide for procedures and fees.
Referred to the Committee on State Planning & Community Affairs.

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SB 669. By Senator Steinberg of the 42nd:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and other health care facilities, so as to provide for restrictions on referrals to personal care homes.
Referred to the Committee on Health & Ecology.

SB 672. By Senators Gillis of the 20th, Huggins of the 53rd, Marable of the 52nd and others:
A bill to amend Code Section 27-4-52 of the Official Code of Georgia Annotated, relating to trout waters without seasons, so as to add certain streams; to delete one stream.
Referred to the Committee on Game, Fish & Parks.

SB 685. By Senator Ragan of the 32nd:
A bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older; to provide for related matters; to provide for a referendum; to repeal certain existing homestead exemptions; to provide for effective dates.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 690. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to provide for the election of the mayor and aldermen of the City of Eatonton; to provide for the election of certain aldermen from wards; to provide for terms of office; to provide procedures; to provide for description of wards.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 691. By Senator Kidd of the 25th:
A bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, and the Judge of the Probate Court of Putnam County on an annual salary, as amended, so as to change the compensation of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 692. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Putnam County, as amended, so as to change the compensation of the tax commissioner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 358. By Senator Foster of the 50th: A resolution designating the "Historic U.S. 19 and Ga. 60 Business Route".
Referred to the Committee on Transportation.

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1093

SR 408. By Senators Hammill of the 3rd and Echols of the 6th:
A resolution authorizing the conveyance of certain state owned real property located in Glynn County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 410. By Senator Huggins of the 53rd:
A resolution honoring Mr. James L. Clarkson and designating the James L. Clarkson Memorial Highway.
Referred to the Committee on Transportation.

SR 481. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and others:
A resolution commending the Roosevelt Circle Revitalization Program.
Referred to the Committee on Natural Resources & Environment.

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

HR 897. By Representatives Tolbert of the 58th, Williams of the 48th, Elliott of the 103rd, Canty of the 38th, Presley of the 36th and others:
A resolution urging municipalities and counties to adopt zoning ordinances to regulate the location of establishments offering adult entertainment.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 898. By Representative Goodwin of the 63rd:
A resolution urging Georgia businesses to find alternatives to nonrecyclable packaging.
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 1389.

By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to provide a statement of legislative findings.

The following Committee substitute was read and adopted:

A BILL
To amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to provide a statement

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of legislative findings; to define certain terms; to make certain provisions relative to the membership of the Coastal Marshlands Protection Committee; to provide certain powers of the Department of Natural Resources; to make provisions relating to applications for permits for certain construction; to authorize the Department of Natural Resources to grant exceptions to statutory restrictions on the lease of state owned marshlands and water bottoms; to provide restrictions on the grant of permits for certain construction affecting marshlands and shorelines; to provide for certain orders; to provide for certain emergency orders; to provide exceptions to the applicability of such part; to provide for liability for violations of such part; to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 6 of Title 40 to the operation of vehicles on highways and certain exceptions, so as to amend a certain reference contained therein; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," is amended by striking in its entirety Part 4, relating to coastal marshlands, and inserting in lieu thereof the following:
"Part 4
12-5-280. This part shall be known and may be cited as the 'Coastal Marshlands Protection Act of 1970.'
12-5-281. The General Assembly finds and declares that the coastal marshlands of Georgia comprise a vital natural resource system. It is recognized that the estuarine area of Georgia is the habitat of many species of marine life and wildlife and, without the food supplied by the marshlands, such marine life and wildlife cannot survive. The General Assembly further finds that intensive marine research has revealed that the estuarine marshlands of coastal Georgia are among the richest providers of nutrients in the world. Such marshlands provide a nursery for commercially and recreationally important species of shellfish and other wildlife, provide a great buffer against flooding and erosion, and help control and disseminate pollutants. Also, it is found that the coastal marshlands provide a natural recreation resource which has become vitally linked to the economy of Georgia's coastal zone and to that of the entire state. The General Assembly further finds that this coastal marshlands resource system is costly, if not impossible, to reconstruct or rehabilitate once adversely affected by man related activities and is important to conserve for the present and future use and enjoyment of all citizens and visitors to this state. The General Assembly further finds that the coastal marshlands are a vital area of the state and are essential to maintain the health, safety, and welfare of all the citizens of the state. Therefore, the General Assembly declares that the management of the coastal marshlands has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for regulation under the police power of the state. The General Assembly further finds and declares that activities and structures in the coastal marshlands must be regulated to ensure that the values and functions of the coastal marshlands are not impaired and to fulfill the responsibilities of each generation as public trustees of the coastal marshlands for succeeding generations.
12-6-281. 12-5-282. As used in this part, the term: (1) 'Applicant' means any person who files an application under this part. (2) 'Board' means the Board of Natural Resources. (2) (3) 'Coastal marshlands' or 'marshlands' means any marshland intertidal area,
mud flat, tidal water bottom, or salt marsh in the State of Georgia within the estuarine area of the state, whether or not the tidewaters reach the littoral areas through natural or artificial watercourses. 'Marshlands' 'Vegetated marshlands' shall include those areas upon which grow one, but not necessarily all, of the following: salt marsh grass (Spartina alterniflora), black grass (Juncus gcrardi), ad high-tide bush flva frutcacens vaft oraria) black needlerush (Juncus roemerianus), saltmeadow cordgrass (Spartina patens), big cordgrass (Spartina cynosuroides), saltgrass (Distichlis

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spicata), coast dropseed (Sporobolus virginicus), bigelow glasswort (Salicornia bigelovii), woody glasswort (Salicornia virginica), saltwort (Batis maritime), sea lavender (Limonium nashii), sea oxeye (Borrichia frutescens), silverling (Baccharis halimifolia), false willow (Baccharis angustifolia), and high-tide bush (Iva frutescens). The occurrence and extent of salt marsh peat at the undisturbed surface shall be deemed to be conclusive evidence of the extent of a salt marsh or a part thereof.
(4) 'Commissioner' means the commissioner of natural resources. (8) (5) 'Committee' means the Coastal Marshlands Protection Committee created
by this part. f4) (6) 'Eligible person' means any person who is the owner of high land adjoining
the state owned marshland or water bottoms, or combination thereof, sought to be leased by said person such that at least 100 percent of the landward boundary of the state owned marshland or water bottom, or combination thereof, sought to be leased is bordered by said adjoining high land.
(&) (7) 'Estuarine area' means all tidally influenced waters, marshes, and marshlands lying within a tide-elevation range from 5.6 feet above mean tide level and
below. (8) 'Live-aboard' means a floating vessel or other water craft which is_ moored to
a dock, tree, or piling or anchored in the estuarine waters of the state and is utilized as a human abode or commercial space. Live-aboards include but are not limited to monohulls, multihulls, houseboats, floating homes, floating offices, floating restaurants, and other floating structures which are used for human or animal habitation.
(9) 'Minor alteration' means any change in the marshlands which, taken singularly or in combination with other changes, involve less than 0.10 acres. Minor alteration also includes renewal of permits previously issued by the committee.
{ } (10) 'Person' means any individual, partnership, corporation, municipal corporation, county, association, or public or private authority, and shall include the State of Georgia, its political subdivisions, and all its departments, boards, bureaus, commissions, or other agencies, unless specifically exempted by this part.
?} (11) 'Political subdivision' means the governing authority of a county or a municipality in which the marshlands to be affected or any part thereof are located.
(12) 'Private dock' means a structure built onto or over the marsh and submerged lands which is used for recreational fishing and other recreational activities, is not available to the public, does not have enclosures, and does not create a navigation hazard; provided, however, that a private dock may be covered and screened with wainscotting not higher than three feet and may be equipped with a hoist.
12-6-282. 12-5-283. (a) There is created the Coastal Marshlands Protection Commijitee to be composed of three members. The commissioner of natural resources and twb persons selected by the Beard ef Natural Resources board shall be the members of this committee. One member ef the committee A person selected by the Board ef Natural Resources board shall be a resident of Camden, Glynn, Mclntosh, Liberty, Bryan, or Chatham County. The committee shall issue all orders and shall grant, deny, revoke, and amend all permits and leases provided for by this part. The members of the committee shall be entitled to reimbursement of actual expenses and mileage together with a per diem as set by the board to be paid out of funds appropriated for use by the department.
(b) Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board ef Natural Resources board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.
(c) Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within

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the zone of interests to be protected or regulated by this part. In the event the committee asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.
(d) Any permit for minor alteration of the marshlands may be issued by the commissioner based on the recommendations of staff, past committee actions, and the results of public comments. The commissioner may refer the application to the committee to decide on permits for minor alterations that, in his judgment, should receive broader consideration. A committee member may choose to have the full committee decide on permit applications for minor alterations that the member feels should receive broader consideration.
12-6-283. 12-5-284. (a) The Department ef Natural Resources department shall have the following powers and duties authority:
(1) To administer and enforce this part and all rules, regulations, and orders promulgated hcrcunder under this part and to determine jurisdiction under this part;
(2) To accept moneys that are available from persons, government unitSj and private organizations;
(3) To conduct public hearings and institute and prosecute court actions as may be necessary to enforce compliance with this part and any rules and regulations promulgated hereunder, provided that all such actions shall be in the name of the department; and
(4) To exercise all incidental powers necessary to carry out the purposes of this part.
(b) The foregoing powers and duties may be exercised and performed by the department through such duly authorized agents and employees as it deems necessary and proper.
12-6-284. 12-5-285. The Beard ef Natural Resources board shall have power to promulgate such rules and regulations as *ay be necessary te effectuate this part, p>-
viuCQ ttiflt' sucii rules find rcguifltions sriftii 'Hot i&c of ftny torcc fluu oiiGct unless two

for twe consecutive wete immediately prior te such hearings for the implementation and enforcement of this part.
12-6-286. 12-5-286. (a) No person shall remove, fill, dredge, drain, or otherwise alter any marshlands or construct or locate any structure on or over marshlands in this state ^ within the estuarine area thereof without first obtaining a permit from the committee? ^or, in the case of minor alteration of marshlands, the commissioner. A permit may authorize the construction or maintenance of the project proposed in an application. After construction pursuant to a permit, a project may be maintained without a permit so long as it does not further alter the natural topography or vegetation at the project site.
(b) Each application for such permit shall be properly executed and filed with the department on forms prescribed by the department and shall include:
(1) The name and address of the applicant; (2) A plan or drawing showing the applicant's proposal and the manner or method by which such proposal shall be accomplished. Such plan shall identify the coastal marshlands affected; (3) A plat of the area in which the proposed work will take place; (4) A copy of the deed or other instrument under which the applicant claims title to the property or, if the applicant is not the owner, then a copy of the deed or other instrument under which the owner claims title together with written permission from the owner to carry out the project on his land. In lieu of a deed or other instrument referred to in this paragraph, the committee may accept some other reasonable evidence of ownership of the property in question or other lawful authority to make use of the property. The committee will not adjudicate title disputes concerning the property which is the subject of the application; provided, however, that the committee

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may decline to process an application when submitted documents show conflicting deeds;
(5) A list of all adjoining landowners together with such owners' addresses, provided that if the names or addresses of adjoining landowners cannot be determined, the applicant shall file in lieu thereof a sworn affidavit that a diligent search , including, without limitation, a search of the records of the county tax assessor's office, has been made but that the applicant was not able to ascertain the names or addresses, as the case may be, of adjoining landowners;
(6) A certificate letter from the local governing authority er authorities of the political subdivision er subdivisions in which the property is located, stating that the applicant's proposal is not violative of any zoning law; ; ordinance, ef other local restrictions which ay be applicable thereto. If- i the judgment e - the committee a zoning permit is net needed prier te considering application, it may waive this requirement and issue a conditional permit based upon the condition that the applicftn* dCQUire Qnd IOFW&FCI ft penult front tne locfli politics! SUDCHVISKJH prior to coin " mencement ef work. Ne work shall commence until this requirement is fulfilled; and
ff} A certified eheefc r meney efder in the amount ef $26.00 fer eah acre ef ted or portion thereof te be affected, payable te the Coastal Marshlands Protection Committee, to delrfly fldmiHistfstive costs; fro ftpplicflnt sriflll we PCCJuired to psy tR excess of ipoUO.!/!/ top flny one proposft11 re^dPuless of trie nuwiDei* of seres to oe Qtiecteci.
(7) A nonrefundable application fee to be set by the board in an amount necessary to defray the administrative cost of issuing such permit. Renewal fees shall be equal to application fees, which shall not exceed $1,000.00 for any one proposal and shall be paid to the department:
(8) A description from the applicant of alternative sites and why they are not feasible and a discussion of why the permit should be granted;
(9) A statement from the applicant that he has made inquiry to the appropriate authorities that the proposed project is not over a landfill or hazardous waste site and that the site is otherwise suitable for the proposed project;
(10) A copy of the water quality certification issued by the department if required for the proposed project;
(11) Certification by the applicant of adherence to soil and erosion control responsibilities if required for the proposed project; and
(12) Such additional information as is required by the committee to properly evaluate the application.
(c) A copy of each application for a permit shall be delivered to each member of the committee within seven days after receipt thereof at least seven days prior to any meeting of the committee.
(d) The commissioner ef natural resources, within 30 days department, after receipt of an application, shall notify in writing all adjoining landowners that the application has been received. Such notice shall indicate the use the applicant proposes to make of the property. Should the applicant indicate that any adjoining landowner is unknown or that the address of such landowner is unknown, then the member ef the committee te whom the application for permit is filed department shall, within 36 days after receipt
of the a completed application, cause a notice of the proposed activity and a brief description of the affected land to be published in a the legal organ of or a newspaper
of general circulation in the county or counties in which such land lies. Cost of such
publication shall be paid by the applicant. Should the property to be affected by the applicant be bordered on any side or on more than one side by other property of the
applicant, the applicant shall supply the names and addresses of the nearest landowners whose land borders on his land. If the names or addresses, or both, of the nearest land-
owners cannot be ascertained, the applicant shall supply a sworn statement of diligent
search as provided in this Code section. The landowners named by the applicant shall be notified either directly or by advertisement as provided in this Code section. Any member may The department may also make inquiry to adjoining landowners to ascertain whether or not there is objection to issuance of a permit.

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(e) The committee shall provide notice of applications by either public notice distributed jointly with the United States Army Corps of Engineers or public notice distributed by the committee. In no instance shall a public notice be issued for less than seven days prior to the meeting at which the committee reviews the subject of the public notice. Public notices shall be distributed to all persons who have requested to be placed on the mailing list. Such request shall be made in writing and shall be renewed in December of each year. Failure to renew the request shall result in the removal of such name from the mailing list.
(f) Whenever there appears to be sufficient public interest, the committee may call a public hearing.
{) ig) In passing upon the application for permit, the committee shall consider the public interest, which, for purposes of this part, shall be deemed to be the following considerations:
(1) Whether or not any unreasonably harmful obstruction to or alteration of the natural flow of navigational water within the affected area will arise as a result of the proposal;
(2) Whether or not unreasonably harmful or increased erosion, shoaling of channels, or stagnant areas of water will be created te such extent as te be contrary te the public interest; and
(3) Whether or not the granting of a permit and the completion of the applicant's proposal will unreasonably interfere with the conservation of fish, shrimp, oysters, crabs, clams, or any other marine life, er taty wildlife, or any other natural resources, including but not limited to water and oxygen supplyy te such a extent as te be contrary te the public interest.
(f) (h) It is the responsibility of the applicant to demonstrate to the committee that the proposed alteration is not contrary to the public.interest and that no feasible alternative sites exist. If the committee finds that the application is not contrary to the public interest and no alternative site exists, as heretofore specified in this subsection, it shall issue to the applicant a permit. Such permit may be conditioned upon the applicant's amending the proposal to take whatever measures are necessary to protect the public interest. The committee shall aet upon a application for permit within 96 days after the application is filed.
(i) The committee shall act upon an application for a permit within 90 days after the application is complete; provided, however, that this provision may be waived upon the written request of the applicant. An application must be complete sufficiently in advance of the committee meeting at which the project will be considered to allow for public notice and evaluation by the department. An application is complete when it contains substantially all of the written information, documents, forms, fees, and materials required by this part.
(g) j) In the event a majority of the members of the committee determine that a permit should be denied, the application for permit shall be denied. Any applicant who is aggrieved or adversely affected thereby shall have the right to appeal as provided in Code Section 12-6-282 12-5-283.
{h} (k) fa the event ay member of the committee determines that a conditional permit snouid i&c issued, tnc mcrnoer or trie comrnittee mflKin^ SUCH determinstion sn&ll notity trie oilier IRCIHoers ot tite committee IR writing or trie conditions dud tiie reflsofts therefor; and the committee shall have a additional 4 days te act with regal te the application. Should a majority of the members of the committee agree that such a permit should be conditional, the permit shall be issued on such conditions as a majority of the committee directs. If less than a majority agrees that such permit should be eenditional, the permit shall be issued without such conditions. Any applicant who is aggrieved or adversely affected thereby shall have the right to appeal as provided in Code Section 12-6-282 12-5-283.
(i) (1) Ne Every permit shall be issued unless require that the proposed change efase ef the area shall project be completed within twe five years immediately following after the date of the issuance of stieh the permit and such permit shall expire five years after the date of issuance. Such time may be extended fer good cause an additional five

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years upon showing that all due efforts and diligence toward the completion of the work have been made. Any permit may be revoked by the committee for noncompliance with or for violation of its terms after written notice of intention to do so has been furnished to the holder thereof.
(m) A permit to alter marshlands that has been granted by the committee becomes final immediately upon issuance, but no construction or alteration may commence until the expiration of 30 days following the date of the committee meeting at which the application is approved; provided, however, that if a timely appeal is filed, no construction or alteration may commence until all administrative and judicial proceedings are terminated.
(n) Issuance of a permit under this part and construction of the permitted project shall not remove the designated property from the jurisdiction of this part. All changes in permitted uses which increase impacts to any land subject to the provisions of this part must be assessed b^ the committee to determine if the proposed change is consistent with this part and the permit. Each permitted alteration of marshlands shall be reviewed by the department on a five-year basis, or when noncompliance with the purpose for which the permit was issued is evident, to determine if the use of the marshland is consistent with the intent of this part. If the permit holder is found not to be in compliance with this part, the committee shall take action as authorized under Code Section 12-5-291.
(o) All plans, documents, and materials contained in any application for any permit required by this part shall be made a part of the permit, if granted, and conformance to such plans, documents, and materials shall be a condition of the permit. No change or deviation from any such plans, documents, or materials shall be permitted without the prior notification and approval of the committee.
(p) The permittee shall notify the department of completion of a project within 30 days of completion.
(q) If, prior to completion of review of an application under this part, the committee receives notice of the denial of a permit or authorization necessary for the project, review of the project shall be suspended and, if the denial becomes final, the application shall stand denied.
(r) If an area has both marshlands as defined in Code Section 12-5-282 and dynamic dune fields as defined in Code Section 12-5-232, it shall be subject to the jurisdiction of both such parts. In the event of a conflict between this part and Part 2 of this article, the commissioner shall determine which part shall apply so as to best protect the public interest.
12-6-286.1. 12-5-287. (a) The committee, acting for and on behalf of and in the name of the state, is further authorized and empowered to grant and convey to any eligible person a lease of state owned marshland or water bottoms, or a combination thereof, upon such terms and conditions as the committee deems advisable for the purpose of constructing, operating, and maintaining thereupon a marina or marinas providing s4tps rental docking space for more than 15 boats, including the installing, maintaining, repairing, removing, and replacing of buildings, structures, piers, docks, floating docks, marine railways, dolphins, pilings, appurtenances thereto, and all facilities and improvements that shall be reasonably used for or in connection therewith, subject always to the initial and continuing compliance by the lessee with all applicable laws pertaining to the use of the leased property and subject always to the use and enjoyment of the public of any navigable waters upon or over the leased property.
(b) Upon application by any interested person for a lease pursuant to this Code section, the committee shall determine whether or not the applicant is an eligible person. If the committee determines that the applicant is an eligible person, then the committee is authorized to grant and convey to the applicant a lease of the state owned marshland or water bottoms, or a combination thereof, described in the application without the necessity of public bid.
(c) The application for the lease shall be in writing and shall contain a request for a lease of the state owned property described therein. Such application shall include a legal description of the boundaries of the area sought to be leased; a plat of survey of

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the acreage sought to be leased prepared by a registered land surveyor; documentation of ownership of the adjoining high land upon which the applicant bases his claim of eligibility, which documentation shall include copies of all relevant deeds and plats of such high land; and a list of all owners of marshland and high land adjoining the applicant's high land. The entire application must be in a form acceptable to the committee.
(d) Each lease granted under this Code section shall be upon such provisions, requirements, and conditions as the committee shall make and shall, except as provided in subsections 4h} (g) and {i} (h) of this Code section, provide for a primary term of not more than ten years. Each lease, except as provided in subsections {h) (g) and (4) (h) of this Code section, shall require the payment of a periodic rental of the fair market value of the state owned marshland or water bottoms leased thereby and may provide for two renewal terms, each of which shall not be for a term of more than equal duration to the primary term for a rental based upon periodic reappraisals of the fair market value at the time of renewal; provided, however, that the total rental paid in any rental year shall never exceed 5 percent of the annual wet dockage gross rental income, which shall include transient, short-term, and long-term rentals and amortized condominium sales, if applicable, as determined and adjusted at the end of each rental year.
(e) Each lease granted under this Code section shall protect the interest of owners of marshland and high land adjoining the high land of the lessee upon which the lessee's eligibility for lease was based to a right of access to the state owned marshland or water bottoms adjoining the state owned marshland or water bottoms leased to the applicant; provided, however, said owners of adjoining high land may assign their rights in writing in favor of the applicant and such written assignment may be used to determine the percentage of landward boundary required for eligibility to lease the state owned marshland and water bottoms described in the application.
(f) Each lease granted under th Code section shall expressly prohibit the owners ef
sds. {g) (f) If the eligible person desires the ability to transfer or convey ownership inter-
ests in the leasehold to individuals purchasing or leasing on a long-term basis the slips of the marina or marinas, each lease granted under this Code section shall require the formation of a condominium pursuant to Code Section 44-3-72.
41*} (g) Upon application of any eligible person who either is the owner of a marina in existence on March 1, 1989, or holds a permit subsequently granted by the committee under this part on an application for a permit filed with the committee prior to March 1, 1989, the committee shall grant to that eligible person a lease of the state owned marshland or water bottoms upon which such marina is actually located for a term of 20 years beginning March 1, 1989, with a nominal rental of $1.00 per year; provided, however, that any extensions of the dock space or expansion of the area of state owned marshland or water bottoms actually used in conjunction with the marina shall be subject to the provisions of subsection (d) of this Code section.
(i) (h) Upon application of any eligible person who is either a nonprofit corporation, a nonprofit organization, or a public entity, the committee may grant a lease of state owned marshland or water bottoms for the construction and operation of a marina as a community or public dock. Each lease granted under this subsection shall be for a term of ten years from the date of its execution with a nominal rental of $1.00 for the entire term.
{j> (i) The committee department shall make an annual report of its activities each calendar year to the General Assembly. The report shall include a summary of all applications received and leases granted, including length of terms, rentals, and locations. Copies of the annual report shall be provided to the director of the State Properties Commission, the chairman of the House Natural Resources and Environment Committee, the chairman of the House Committee on State Institutions and Property, the chairman of the Senate Natural Resources Committee, and the chairman of the Senate Committee on Governmental Operations.
(fc) (j) The committee may place such terms, limitations, restrictions, and conditions in such leases as are deemed necessary to ensure that the utilization of the property is in the public interest.

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(i) (k) All leases granted by the committee shall have the prior approval of the State Properties Commission, including, if applicable, the fair market value of the state owned marshland or water bottoms to be leased and the rental to be charged.
12-5-288. (a) If the project is not water related or dependent on waterfront access or can be satisfied by the use of an alternative nonmarshland site or by use of existing public facilities, a permit should not be granted pursuant to Code Section 12-5-286.
(b) Only those marine oriented activities and structures which must have a shoreline or marshlands location in order to function will be permitted. The amount of marshlands to be altered must be minimum in size. The following activities and structures are considered to be contrary to the public interest when located in coastal marshlands:
(1) Filling of marshlands for residential, commercial, and industrial uses;
(2) Filling of marshlands for private parking lots and private roadways; (3) Construction or maintenance of dump sites and depositing of any waste materials or dredge spoil; (4) Dredging of canals or ditches for the purpose of draining coastal marshlands;
(5) Mining; (6) Construction or maintenance of lagoons or impoundments for waste treatment, cooling, agriculture, or aquaculture which would occupy or damage coastal marshlands or life forms therein; (7) Construction or maintenance of structures which constitute an obstruction of view to adjoining riparian landowners, including signs and enclosures; and (8) Occupying a live-aboard for more than 30 days during any calendar year; provided, however, that the commissioner may grant extensions of time beyond 30 days to persons making a request in writing stating the reasons for such extension. Owners
of docks where live-aboards are moored as well as owners and occupants of live-
aboards are responsible under this part. 12-6-286. 12-5-289. The department, through its officers^ staff, and conservation
rangers, shall, in addition to its other duties prescribed by law, make reasonable inspections of the marshlands to ascertain whether the requirements of this part and the rules, regulations, and permits promulgated or issued hcrcundcr under this part are being
faithfully complied with. 12-6-287. 12-5-290. The superior court of the county in which land or any part
thereof lies or in which jurisdiction is appropriate shall have jurisdiction to restrain a violation of this part at the action of any person.
12-6-288. 12-5-291. (a) In order to enforce this part or any orders issued under this
part or any rules and regulations promulgated under this part, any one or any combina-
tion of any or all of the following methods may be employed: (1) Whenever any person not covered exempted from this part by Code Section
12-6-202 12-5-295 is altering the marshlands without a permit, altering the marshlands in violation of the terms and conditions of a permit, or violating this part in any other
manner, the committee may, prior to any hearing, issue a cease and desist order or other appropriate order to such person; provided, however, that the issuance of such
order shall not affect the availability of relief under paragraph (4) of this subsection. Any such order becomes final unless the person named therein requests in writing a hearing before a hearing officer appointed by the board no later than ten days after
the issuance of such order. Review of such order shall be available as provided in sub-
section (b) of Code Section 12-5-283; (2) Whenever, after a hearing is held in accordance with Code Section 12-6-282
12-5-283 and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' at
the request of the committee, for the imposition of civil penalties, the hearing officer administrative law judge determines that any person has failed, neglected, or refused
to comply with any provision of this part or any order of the committee or administrative law judge, the committee administrative law judge may issue an order imposing a civil penalty not to exceed $1,000.00 $10,000.00 for such violation and an additional
civil penalty not to exceed $600.00 $10,000.00 for each day during which such violation continues. All penalties and interest recovered as provided in this Code section,
together with the cost thereof, shall be paid into the state treasury to the credit of the general fund;

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(3) The committee may file in the appropriate superior court in the county in which the person under order resides or in the county in which the violation occurred or, if the person is a corporation, in the county in which the corporation maintains its principal place of business a certified copy of tm unappcalcd the final order of the committee or administrative law judge, unappealed from, or of a final order of the administrative law judge affirmed upon appeal; whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereof shall thereafter be the same, as though such judgment has been rendered in an action duly heard and determined by the court;
(4) Whenever the committee, either before or after a hearing, determines that any person is or has been violating any of the provisions of this part or any orders issued under this part or any rules and regulations promulgated under this part, the committee may file a petition for injunction in the proper superior court of this state against such person for the purpose of enjoining such actions or, if appropriate, may make application for a writ of mandamus in the proper superior court of this state against such person for the purpose of compelling the proper performance of his official duty. It shall not be necessary for the committee to allege or prove that it has no adequate remedy at law; ] and
(5) The superior court, upon finding that any person is or has been violating any of the provisions of this part or any orders issued under this part or any rules and regulations promulgated under this part, may order the person to restore, as nearly as possible, all marshland to the condition existing prior to the alteration of the marshland. (b) Owners of property upon which unauthorized activities occur are responsible under this part. 12-6-289. 12-5-292. A certified copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the committee deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant, and such other information as the committee may reasonably require. The committee may specify the type of sign to be erected and may designate, within reasonable dimensions, the size of the sign. 12-6-200. 12-5-293. If a permit holder sells, leases, rents, or otherwise conveys the land or any portion thereof for which the permit was issued, and if the permittee has notified the department within 30 days of such transfer or conveyance, such permit shall be continued in force in favor of the new owner, lessee, tenant, or other assignee so long as there is no change in the use of the land as set forth in the original application. 12-6-201. 12-5-294. In the event of an emergency, whether created by act of God or by actions of domestic or foreign enemies, or in circumstances where grave peril to human life or welfare exists, this part shall be suspended for as teftg as the emergency
section te establish that such an emergency dW indeed exist, the committee shall issue an order reciting the existence of such an emergency and requiring or allowing that such action be taken as it deems necessary to meet the emergency. Notwithstanding any other provisions of this part to the contrary, such order shall be effective immediately. If an order requiring a person to take action is issued pursuant to this Code section, such person shall be entitled to a hearing within ten days of the date of issuance of the order.
12-6-202. 12-5-295. This part shall not apply to the following: (1) Activities of the Department of Transportation incident to constructing, repair-
ing, and maintaining a public road system in Georgia; (2) Activities of the Department of Transportation and political subdivisions in
maintaining existing drainage systems and ditches as long as such activities do not
impact additional marshlands; (3) (3) Agencies of the United States charged by law with the responsibility of
keeping the rivers and harbors of this state open for navigation, and agencies of this state charged by existing law with the responsibility of keeping the rivers and harbors of this state open for navigation including areas for utilization for spoilage designated by such agencies;

WEDNESDAY, FEBRUARY 19, 1992

1103

(3) (4) Activities of public utility companies regulated by the Public Service Commission incident to constructing, erecting, repairing, and maintaining utility lines for the transmission of gas, electricity, or telephone messages;
44) (5) Activities of companies in regulated by the Public Service Commission incident to constructing, erecting, repairing, and maintaining railroad lines and bridges;
(6) (6) Activities of political subdivisions incident to constructing, repairing, and maintaining pipelines that have been approved by the department or appropriate authority for the transport of drinking water and sewage; or
(6) (7) The building of private docks on pilings, the walkways of which are above the marsh grass not obstructing tidal flow, by the owners of detached single-family residences located on high land adjoining such docks. 12-6-203. 12-5-296. Any person violating any of the provisions of this part shall be guilty of a misdemeanor. 12-5-297. Any person who causes or permits any removal, filling, dredging, or draining or other alteration of marshlands in this state within the estuarine area thereof without first obtaining a permit from the committee shall be liable in damages to the state and any political subdivision thereof for any and all actual or projected costs, expenses, and injuries occasioned by such alteration of the marshlands. The amount of damages assessed pursuant to this Code section shall include, but shall not be limited to, any actual or projected costs and expenses incurred by the state or any political subdivision thereof in restoring as nearly as possible the natural movement of the waters in the marshlands and replacing the vegetation and aquatic life destroyed by any alteration of marshlands. Damages to the state shall be recoverable in a civil action instituted by the department and shall be paid to the department to cover the cost of restoration. Damages to a political subdivision shall be recoverable in a civil action instituted by said subdivision."
Section 2. Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 6 of Title 40 to the operation of vehicles on highways and certain exceptions, is amended by striking in its entirety paragraph (5) of subsection (a) and inserting in lieu thereof the following:
"(5) (A) The provisions of this chapter shall apply to a vehicle operated on any private property of this state which fronts on coastal marshlands or estuarine area as defined in Code Section 12-6-281 12-5-282, provided the owner of the private property files with the local law enforcement agency having primary jurisdiction to enforce the uniform rules of the road in such area:
(i) A petition requesting such local law enforcement agency to enforce the uniform rules of the road on such private property; and
(ii) Simultaneously files a plat with the petition delineating the location of the roads, streets, and common areas on such private property.
(B) The local law enforcement agency having primary jurisdiction to enforce the uniform rules of the road in such area shall enforce the uniform rules of the road on said private property at no cost to the owner of the private property or enter into a contractual agreement with the owner of the private property whereby the owner of the private property consents to pay part or all of the law enforcement expenses to such law enforcement agency.
(C) All persons operating vehicles on said roads, streets, and common areas shall be subject to all state and local traffic laws and regulations the same as if said private roads and streets were public roads and streets.
(D) Any state or local law enforcement agency empowered to enforce the uniform rules of the road in such area shall have concurrent jurisdiction with the primary local law enforcement agency to enforce the rules of the road on said private property.
(E) At least 30 days' prior notice shall be given to users of said private roads, streets, and common areas by publication in the newspapers of general circulation in the area and by posting signs along the private roads and streets specifying that state and local law enforcement agencies will be enforcing the uniform rules of the road on said private roads, streets, and common areas; and".

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

HB 1520.

By Representatives Baker of the 51st, Pinkston of the 100th, Oliver of the 53rd and Hammond of the 20th:
A bill to amend Code Section 53-6-24 of the Official Code of Georgia Annotated, relating to rules for granting letters of administration generally and with the will annexed, so as to provide that a trustee of any trust having an interest in the appointment of the administrator with will annexed, as well as a trustee of a trust created by the will, shall be authorized to express a choice on behalf of the beneficiaries of the trust.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House were read and adopted:

HR 893. By Representative Murphy of the 18th:
A resolution commending Lamonte Andre Thomas, Class A State Champion in wrestling.

HR 899. By Representatives Carrell of the 65th, Mobley of the 64th, Jamieson of the llth, Stancil of the 66th, Dover of the llth and others:
A resolution expressing sympathy at the passing of Betty Jean Tyner.

HR 900. By Representatives Colwell of the 4th, Dover of the llth, Twiggs of the 4th, Jamieson of the llth, Jackson of the 9th and others:
A resolution commending the Northeast Probation Region of the Georgia Department of Corrections.

HR 901. By Representatives Powell of the 13th, Clark of the 13th and Yeargin of the 14th:
A resolution expressing condolences at the passing of Mr. Robert L. Powell.

HR 902. By Representative Floyd of the 154th: A resolution commending Mrs. Jesse Anna Neeley.

HR 903. By Representative Murphy of the 18th:
A resolution recognizing and honoring the 25th anniversary of John Hancock Academy.

WEDNESDAY, FEBRUARY 19, 1992

1105

HR 904. By Representatives Canty of the 38th, Sinkfield of the 37th, Thomas of the 31st, McKinney of the 40th, McKinney of the 35th and others:
A resolution commending Dr. John S. Blackshear.

HR 905. By Representatives Patten of the 149th, Reaves of the 147th, Golden of the 148th and Long of the 142nd:
A resolution commending Sergeant Chris Prine.

HR 906. By Representatives Greene of the 130th and Moultrie of the 93rd: A resolution commending Mr. George Parker Swift III.
HR 907. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Colwell of the 4th: A resolution commending Mr. Raymond E. Collins.
HR 908. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Colwell of the 4th: A resolution offering condolences on the passing of Sheriff Frank L. Baker of White County, Georgia.

HR 909. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Colwell of the 4th:
A resolution commending Sheriff Sarah Lou Baker of White County, Georgia.

HR 910. By Representative Morsberger of the 62nd:
A resolution commending John Thomas Loyd on attaining the rank of Eagle Scout.

HR 911. By Representative Cummings of the 134th: A resolution expressing regret at the passing of Carol Pittmon.

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 1791. By Representative Davis of the 29th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, so as to provide for additional penalties to be imposed in traffic cases upon violations of bonds.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1792. By Representative Davis of the 29th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, 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.

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

HR 814. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd, Walker of the 115th and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of recognizing and honoring Robert Edward Turner III and hearing a message from him.

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

HR 711. By Representatives Valenti of the 52nd, Hamilton of the 124th, Martin of the 26th, Holmes of the 28th, Porter of the 119th and others:
A resolution urging the Congress of the United States to enact a national health care program assuring universal access to quality health care financed by broad based, progressive taxes with payment to providers through a single payor.

The following Committee substitute was read:

A RESOLUTION
Urging the Congress of the United States to enact a national health insurance program assuring universal access to quality health care, with public financing to replace various public and private methods of financing, and with payment to providers through a single payor; and for other purposes.
WHEREAS, the current system of public and private payment for health care does not adequately meet the needs of the population; and
WHEREAS, over one million Georgians under age 65 and over 35 million people in the United States have no public or private insurance; and
WHEREAS, for those with insurance, policies often do not cover the services needed or benefits have been exhausted; and
WHEREAS, risk avoidance practices by insurers make it increasingly difficult for individuals and companies to obtain insurance benefits because of underwriting that excludes individuals with known health care needs or because rates are set prohibitively high; and
WHEREAS, the profitability of American businesses is being eroded by health insurance costs; and
WHEREAS, fear of the inability to obtain insurance if they leave their group plans creates "job lock" for many workers; and
WHEREAS, in the absence of adequate insurance, people often go without necessary health care, resulting in needless illness, disability, and death; and
WHEREAS, the costs of administration and billing for over 1,500 different insurers consumes nearly one-fourth of every health care dollar; and
WHEREAS, the United States General Accounting Office has found that a singlepayor system would create sufficient administrative savings to provide universal health care coverage for the United States.

WEDNESDAY, FEBRUARY 19, 1992

1107

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the United States Congress to enact a publicly financed, universal-coverage national health plan to replace various public and private methods of financing, with a single payor for at least the following health and health related services, to be covered without discrimination based on diagnosis or disability: preventative services; medical and other professional services; inpatient and outpatient hospital services; prescription drugs and biologicals; home health services; medical supplies and equipment; long-term care; and hospice care.
BE IT FURTHER RESOLVED that the health plan shall provide for free services to the patient at the point of service with no deductibles and coinsurance, shall provide for global budgets for institutional providers, shall provide for fair negotiated fees to other providers, and shall allow individuals free choice of medical and professional providers.
BE IT FURTHER RESOLVED that the health plan shall provide for adequate participation by consumers of health care in decisions regarding plan coverage and operation.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to each member of the congressional delegation from the State of Georgia.

The following amendment was read and lost:

Representative Ladd of the 44th moves to amend the Committee substitute to HR 711 as follows:
P. 2 line 16 replace the word "enact" with the word "review"
P. 2 line 26 after the word "plan" insert the words "to be reviewed"
P. 3 line 6 after the word "plan" insert the words "to be reviewed".

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

Y Abernathy N Adams
Aiken N Alford N Ashe
N Atkins Y Baker
N Balkcom N Barfool N Bargeron
N Barnett.B N Barnett.M N Bates N Beatty
N Benefield N Birdsong N Blitch
Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks N Brown N Brush N Buck
N Buckner N Byrd
N Campbell Y Canty
N Carrell N Carter

N Cauthorn
N Chafin Y Chambless N Cheeks Y Childers N Clark.E N Clark.L N Coker
N Coleman N Colwell
N Connell N Culbreth
Cummings.B N Cummings,M N Davis.D N Davis.G N Davis.M
Dixon.H N Dixon.S N Dobbs N Dover
Dunn
N Edwards N Elliott N Felton
N Fennel N Floyd,J.M N Floyd.J.W N Flynt
N Godbee N Golden

N Goodwin E Green N Greene N Griffin N Groover
Hamilton N Hammond N Manner N Harris.B N Harris,J N Heard Y Henson
Y Herbert N Holland Y Holmes N Howard N Hudson Y Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King N Kingston N Klein NLadd
N Lane.D N Lane.R N Langford N Lawrence

Y Lawson NLee N Long NLord
Lucas N Mann
Y Martin Y McBee N McCoy Y McKelvey
McKinney,B
Y McKinney.C N Meadows N Merritt N Milam Y Mills
N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr
Orrock
N Padgett N Parham N Parrish N Patten Y Pelote N Perry

N Pettit N Pinholster N Pinkston NPoag Y Porter
Poston N Powell.A N Powell.C N Presley
N Purcell Y Randall N Ray N Reaves Y Redding N Ricketson N Royal
Selman N Sherrill Y Simpson Y Sinkfield
N Skipper N Smith.L N Smith,?
Smith.T N Smith.W Y Smyre N Snow Y Stancil.F N Stancil,S Y Stanley N Streat

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Y Taylor Y Teper N Thomas.C
Y Thomas.M Thomas.N

Thurmond N Titus N Tolbert
N Townsend Y Turnquest

N Twiggs Y Valenti N Vaughan
N Walker.J N Walker.L

Y Wall N Watson N Watts
Y White N Wilder

N Williams.B Y Williams.J N Williams.R
N Yeargin Murphy.Spkr

On the adoption of the Committee substitute, the ayes were 37, nays 128. The Committee substitute was lost.

Representative Hamilton of the 124th stated that he had been called from the floor
of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Cummings of the 134th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following substitute, offered by Representatives Skipper of the 116th and Pettit of the 19th was read:

A RESOLUTION
Urging the Congress of the United States to examine various alternatives for national health care reform assuring universal access to affordable quality health care; and for other purposes.
WHEREAS, the current system of financing and delivering health care services in the United States does not result in efficient delivery of quality services to the American people and the results can be seen in low public health statistics; and
WHEREAS, people without health insurance (estimated to be approximately one million Georgians and over 35 million people in the United States) often lack adequate access to primary and acute health care services; and
WHEREAS, lack of access to primary care results in increased need of costly emergency and acute care services which drive up the cost of health care for all Americans; and
WHEREAS, advances in medical techniques, electronic diagnostic equipment, medications, and the complexity of medical facilities have made the United States the most advanced country in the world in the delivery of medical services; and
WHEREAS, the cost of these advanced medical services affects the ability of American manufacturers to compete in the international market and can result in financial catastrophe for families and individuals; and
WHEREAS, insurance underwriting practices have left many Americans uninsurable or with premiums that are unaffordable and have created an obstacle to Americans who would like to change jobs but cannot due to a "pre-existing condition"; and
WHEREAS, the lack of affordable insurance causes many workers to give up on their dream of owning small businesses from which come most of the new jobs that our society badly needs.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the United States Congress to enact a national health care plan that:
(1) Makes health care services available and accessible through a partnership of employer and government to develop an insurance system that makes health insurance products affordable to every American;

WEDNESDAY, FEBRUARY 19, 1992

1109

(2) Controls the cost of care through more effective administrative coordination of the health care delivery system and the elimination of useless paper shuffling that comes from a Washington based micro management system;
(3) Provides financial incentives to providers who invest their energy and resources into primary care in a manner that focuses on preventive medicine thereby reducing illness and the need for emergency services;
(4) Permits collaboration among providers to boost efficiency and improve coordination of patient care;
(5) Sustains a national commitment to the development and adoption of biomedical technologies which enhance the curative abilities of our medical community;
(6) Is driven by the health care needs of the American people; and (7) Provides payments to providers that fairly reflect the cost of providing services and allows individuals a choice of providers.
BE IT FURTHER RESOLVED that the national health care plan should take the best elements of the 30 or more proposals that have been presented to the Congress and construct a health care delivery system that reflects the unique needs and values of the American people.
BE IT FURTHER RESOLVED that the Congress should begin this reform process during this session of the 101st Congress.

The following amendment was read:

Representative Hammond of the 20th moves to amend the Floor substitute to HR 711 as follows:
By striking on page 2, line 16 and 17, the language "a partnership of employer and government to develop".

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

N Abernathy N Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker
Balkcom
N Barfoot Bargeron
N Barnett.B Y Barnett.M
Y Bates Y Beatty
Benefield
N Birdsong Blitch
Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks Y Brown Y Brush Y Buck N Buckner N Byrd
Campbell
Y Canty Y Carrell
N Carter Y Cauthorn Y Chafin

Y Chambless
Y Cheeks Y Childers
Y Clark.E N Clark.L N Coker N Coleman
Colwell Y Connell Y Culbreth
Cummings.B N Cummings.M
N Davis.D N Davis.G Y Davis.M
Dixon.H N Dixon.S Y Dobbs Y Dover
Dunn
N Edwards N Elliott Y Felton Y Fennel N Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin

N Groover Hamilton
Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd
N Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee YLong Y Lord
Lucas Y Mann

Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B N McKinney.C N Meadows Y Merritt N Milam Y Mills Y Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr
Orrock N Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster N Pinkston N Poag Y Porter
Poston Y Powell.A Y Powell.C

N Presley N Purcell N Randall N Ray Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Y Smyre N Snow Y Stancil.F Y Stancil.S N Stanley N Streat Y Taylor Y Teper
Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest

1110
Twiggs Y Valenti V Vaughan

JOURNAL OF THE HOUSE,

N Walker.J N Walker.L Y Wall

N Watson Y Watts N White

Y Wilder N Williams.B Y Williams.J

Y Williams.R Yeargin Murphy ,Spkr

On the adoption of the amendment, the ayes were 112, nays 44. The amendment was adopted.

The Floor substitute, as amended, was adopted.

Representative Hamilton of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

N Abernathy Y Adams N Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beattv Y Benefield Y Birdsong Y Blitch Y Bordeaux N Bostick Y Branch N Breedlove N Brooks Y Brown N Brush Y Buck Y Bucktwr Y Byrd
Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers

Y Clark.E Y Clark.L N Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B N Cummings.M Y Davis,D Y Davis.G
Y Davis.M Dixon.H
N Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin N Groover
Hamilton
Y Hammond Y Hanner Y Harris.B
Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore YKing N Kingston Y Klein
NLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence
Y Lawson YLee YLong N Lord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam

Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M NOrr
Orrock
Y Padgett Y Parham
Y Parrish N Patten Y Pelote Y Perry Y Pettit N Pinholster N Pinkston N Poag Y Porter
Poston Y Powell.A Y Powell.C N Presley N Purcell N Randall
NRay N Reaves
N Redding Y Ricketson
Y Royal Selman
Y Sherrill
Y Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre
Y Snow Y Stancil.F
N Stancil.S Y Stanley Y Streat N Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs N Valenti N Vaughan Y Walker.J
N Walker.L Y Wall Y Watson
Y Watts Y White Y Wilder N Williams.B Y Williams.J N Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, by substitute, as amended, the ayes were 128, nays 35.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

WEDNESDAY, FEBRUARY 19, 1992

1111

Representatives Hamilton of the 124th and Poston of the 2nd 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.

Representatives Mueller of the 126th and Mann of the 6th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representatives Dixon of the 128th and Kingston of the 125th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 566. By Senators Walker of the 43rd and Garner of the 30th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide when the Senators elected shall take office.

The following amendment was read;
Representative White of the 132nd, et al. move to amend SB 566 by striking the descriptions of District: 1 and District: 8 and inserting in their place, respectively, the following:
"District: 1.
TERRELL COUNTY CLAY COUNTY CALHOUN COUNTY BAKER COUNTY DOUGHERTY COUNTY
VTD: 0007 BROAD AVENUE SCHOOL VTD: 0008 ALBANY JR COLLEGE (Part)
Tract: 0009. Block(s): 310, 311
Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217
Tract: 0104.02 Block(s): 102A, 102B, 103A, 104, 105, 106, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122
VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH

1112

JOURNAL OF THE HOUSE,

VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0027 SYLVANDALE ELEMENTARY SCH EARLY COUNTY VTD: 0001 ARLINGTON VTD: 0002 BLAKELY (Part)
Tract: 9901.98 Block(s): 157, 158, 159, 160, 161, 162, 163, 172, 173, 175, 176, 177, 178, 179
Tract: 9902. Block(s): 147A, 147B, 169, 170, 171, 172, 173, 174, 175, 176A, 176B, 177, 178, 220, 221, 222, 223, 224, 225, 226, 227, 229, 230, 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434
Tract: 9904. Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123, 124, 125, 126A, 126B, 127A, 127B, 131, 132, 135, 136, 137, 146A, 169, 170, 171, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 217, 311A
VTD: 0005 DAMASCUS VTD: 0008 COLOMOKEE MITCHELL COUNTY VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH VTD: 0015 CAMILLA SOUTH VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0040 PELHAM RANDOLPH COUNTY VTD: 2002 SHELLMAN (Part)
Tract: 9901. Block(s): 173, 189, 191, 193A, 193B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213A, 213B, 214A, 214B, 215, 220, 221A, 221B, 222, 223A, 223B, 232, 234, 235, 244, 245, 260
VTD: 2003 COLEMAN VTD: 2007 4TH DISTRICT VTD: 2008 5TH DISTRICT VTD: 2009 CARNEGIE VTD: 2010 CUTHBERT MIDDLE SCHOOL 718B"
"District: 8
TALBOT COUNTY MACON COUNTY STEWART COUNTY WEBSTER COUNTY QUITMAN COUNTY CRAWFORD COUNTY
VTD: 0002 2 VTD: 001B IB
CRISP COUNTY
VTD: 0001 CORDELE (Part) Tract: 9801.

WEDNESDAY, FEBRUARY 19, 1992

1113

Block(s): 121, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 264A, 264B, 265A, 265B, 266A, 266B, 304, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323A, 323B, 324A, 324B, 325, 339, 340, 341, 342, 343, 351, 352, 353, 354, 355, 364, 365, 366, 367
Tract: 9802.
Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 175, 176, 177, 178, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 184, 185, 186, 187, 193, 194, 195, 196A, 196B,
197A, 197B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236,
237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 328, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A,
420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444,
445, 446, 447, 448, 449, 450, 451, 452, 453, 454A, 454B, 454C, 454D, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619 Tract: 9803.
Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331,
332, 333, 334, 336, 341, 342, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 369, 370 Tract: 9804.
Block(s): 206, 207, 208, 209, 210, 211, 222, 223, 224, 225, 236, 237, 238,
239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325,
326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 340, 341A, 341B, 418A, 418B, 419, 420A, 420B, 420C, 420D,
420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 432, 433, 434, 435, 436, 437,
438, 439, 440, 441 DOOLY COUNTY
VTD: 0001 VIENNA 535
VTD: 0005 FINDLAY 1552 VTD: 0006 BYROMVILLE 585
VTD: 0007 DOOLING 640 VTD: 0008 PINEHURST 1479
VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671
HARRIS COUNTY VTD: 0011 WAVERLY HALL
HOUSTON COUNTY
VTD: 0014 N13 VTD: 0015 12TH (Part)
Tract: 0215.02
Block(s): 204, 205, 211, 212, 213, 214, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 250,

1114

JOURNAL OF THE HOUSE,

251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 289, 290, 291, 293, 294, 295, 296, 297 VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 304A, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 508, 509, 601, 602, 603, 604, 605, 606, 607, 608, 615, 616, 617, 618, 705, 706, 707, 715, 716, 717 Tract: 0213. Block(s): 113A, 113B, 113C, 115A, 115B, 115D, 119A, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 311D, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 429A, 430A, 430B Tract: 0214. Block(s): 101A, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 204, 403, 404, 405A, 406A, 406B, 508, 509, 510, 513 LEE COUNTY VTD: 0001 CHOKEE VTD: 0006 SMITHSVILLE MARION COUNTY VTD: 0005 BUENA VISTA VTD: 0010 DRANEVILLE VTD: 0030 PINEKNOT VTD: 0035 BRANTLEY PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3 RANDOLPH COUNTY VTD: 2001 CUTHBERT 718A VTD: 2002 SHELLMAN (Part) Tract: 9901. Block(s): 166A, 166B, 167, 168, 169, 170A, 170B, 174A, 174B, 184, 185, 186, 187, 188A, 188B, 190, 192, 201A, 201B, 224A, 224B, 225, 226, 227, 229, 230, 231, 233, 246, 247 VTD: 2004 SPRINGVALE VTD: 2005 BENEVOLENCE VTD: 2006 BROOKSVILLE SCHLEY COUNTY
VTD: 0001 SCHLEY PRECINCT (Part)
Tract: 9601.
Block(s): 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 147, 148, 149, 150, 151, 152, 153A, 153B, 153C, 154, 155, 180A, 180B, 181, 182, 183A, 183B, 184, 185, 186, 188, 189, 190, 191, 192, 193, 197, 201, 202, 203A, 203B, 204, 205, 206A, 208, 209, 210, 211, 241
Tract: 9602.
Block(s): 105, 106

WEDNESDAY, FEBRUARY 19, 1992

1115

SUMTER COUNTY VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 115A, 115B, 115C, 115D, 116A, 116B, 117A, 118A, 118B, 118C, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 141A, 141B, 141C, 141D, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 148A, 148B, 148C, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303A, 303B, 304, 305, 306, 307, 308, 309, 310, 311A, 412A, 413, 414, 423, 424, 425, 426, 427, 428 Tract: 9503. Block(s): 135A, 135B, 135C, 135D, 136, 137A, 137B, 138, 139A, 139B, 140A, 140B, 141, 142A, 142B, 143, 144, 215A, 215C, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 514A, 514B, 515, 516, 517, 518, 519A, 519B, 520A, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 545, 546 Tract: 9504. Block(s): 319, 320 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 116, 117, 119, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 230, 232A, 232B, 233A, 233C, 234, 235, 236, 237, 238, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 326B, 327, 328, 329, 331, 332, 333, 334 Tract: 9506. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 317 Tract: 9507.
Block(s): 104, 115, 116, 117, 118, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 207B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 418, 419, 420, 421, 422, 423, 424, 425, 427, 432, 435
TAYLOR COUNTY
VTD: 0001 1
VTD: 0002 2
VTD: 0007 7

1116

JOURNAL OF THE HOUSE,

VTD: 0009 9 UPSON COUNTY
VTD: 0007 SALEM"

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

Abernathy N Adams N Aiken N Alford Y Ashe N Atkins
Baker N Balkcom N Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates N Beatty N Benefield N Birdsong
Blitch Bordeaux N Bostick N Branch N Breedlove Y Brooks Y Brown N Brush N Buck Buckner NByrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Cheeks N Childers

N Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings.B
Cummings.M N Davis.D
Davis.G N Davis.M
Dixon,H N Dixon.S N Dobbs N Dover
Dunn Edwards Y Elliott N Felton N Fennel N Floyd.J.M N Floyd.J.W N Flvnt N Godbee N Golden Y Goodwin E Green Greene Griffin N Groover N Hamilton N Hammond N Manner N Harris.B N Harris.J

N Heard N Henson N Herbert N Holland Y Holmes Y Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King N Kingston N Klein Y Ladd N Lane.D
Lane.R N Langford Y Lawrence Y Lawson N Lee
Long NLord
Lucas N Mann N Martin N McBee N McCoy N McKelvey
McKinney.B Y McKinney.C N Meadows N Merritt
Milam

Mills N Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C
Oliver.M YOrr
Orrock N Padgett N Parham N Parrish
Patten Y Pelote N Perry N Pettit N Pinholster N Pinkston N Poag N Porter
Poston Powell.A N Powell.C N Presley N Purcell Y Randall Ray Reaves Redding N Ricketson N Royal Selman N Sherrill N Simpson Sinkfield

N Skipper N Smith.L N Smith.P N Smith.T N Smith.W Y Smyre N Snow N Stancil.F N Stancil.S
Stanley Streat Y Taylor N Teper N Thomas.C N Thomas.M Thomas.N Thurmond N Titus Y Tolbert N Townsend Turnquest N Twiggs Valenti N Vaughan N Walker,J N Walker.L N Wall N Watson N Watts Y White N Wilder N Williams.B Y WilliamsJ N Williams.R N Y'eargin Murphy,Spkr

On the adoption of the amendment, the ayes were 21, nays 122. The amendment was lost.

Representatives Orr of the 9th and Lawson of the 9th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representative White of the 132nd, et al. move to amend SB 566 by striking the description of District: 10 and inserting in its place the following:
"District: 10
TALIAFERRO COUNTY HANCOCK COUNTY JEFFERSON COUNTY WASHINGTON COUNTY BALDWIN COUNTY
VTD: 0001 MONTPELIER- EAST BALDWIN VTD: 0003 WEST BALDWIN 319 (Part)

WEDNESDAY, FEBRUARY 19, 1992

1117

Tract: 9704. Block(s): 311E
Tract: 9705. Block(s): 201B, 202B, 212B, 359B, 370, 374, 375, 376, 377, 379, 380, 383
Tract: 9708. Block(s): 201, 204, 205, 210, 402, 403, 404, 405, 411, 412, 413, 414
VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E (Part)
Tract: 9707. Block(s): 217A, 218A, 303A, 304A, 307A, 308, 309, 315, 316, 317, 318, 319, 320, 321, 401A, 402, 416, 418A, 420A, 422, 423, 424, 425
VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9704. Block(s): 313, 314, 315, 316, 317, 318, 319, 324, 325, 428, 429, 507, 508, 509 Tract: 9705. Block(s): 109, 110, 111, 112, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 212A, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 357, 358, 359A, 360
VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 Tract: 9708. Block(s): 206, 207, 208, 209, 211, 215, 231
VTD: 0010 CMC 320G (Part) Tract: 9705. Block(s): 137, 140 Tract: 9706. Block(s): 107B Tract: 9707. Block(s): 101, 102, 103, 104, 105, 112, 113, 114, 115, 118, 119, 120, 124, 125, 127, 128, 130, 131, 134, 135, 136, 137, 138, 139, 1408, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 301, 304B, 305, 306, 307B, 418B, 501C, 503B, 537, 540, 541, 542, 543, 545, 546, 547, 550
VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 421, 422, 512, 524 Tract: 9705. Block(s): 116, 136
VTD: 0012 FIRST CHRISTIAN CHURCH 320C GREENE COUNTY
VTD: 0001 GREENSBORO VTD: 0003 WOODVILLE VTD: 0004 UNIONPOINT
VTD: 0005 SILOAM
VTD: 0006 WHITE PLAINS
VTD: 0007 LIBERTY
JOHNSON COUNTY
VTD: 0001 RIVER

1118

JOURNAL OF THE HOUSE,

LAURENS COUNTY VTD: 0001 NATIONAL GUARD VTD: 0004 BETHSADIA (Part) Tract: 9505. Block(s): 317, 338, 339, 340, 341, 342, 343, 344A, 344B, 345B, 348B, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361 Tract: 9508. Block(s): 310A, 310B, 311, 312, 313A, 313B, 313C, 314B, 314C, 318 VTD: 0005 BAILEY VTD: 0006 BUCKEYE VTD: 0008 BURGAMY VTD: 0011 DUDLEY (Part) Tract: 9506. Block(s): 101A, 101B, 102, 103, 104, 105A, 105B, 106, 107, 108, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 155A, 155B, 156, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163, 164, 165, 166, 167A, 167B, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182A, 182B, 183A, 183B, 184, 185, 186A, 186B, 187, 189, 191, 192, 193, 194, 196, 197 VTD: 0013 HARVARD
MORGAN COUNTY VTD: 0001 MADISON CITY VTD: 0002 BUCKHEAD (Part) Tract: 9804. Block(s): 114A, 117A, 118, 119A, 119B, 120A, 121, 122, 123, 124A, 125A, 135, 136, 137, 138, 139, 140, 141A, 141B, 142, 150, 151, 152, 153, 155, 156, 157, 161, 162, 163, 164, 165, 183, 189, 190, 191, 192, 194
PUTNAM COUNTY VTD: 1701 1 VTD: 1702 2 VTD: 1703 3 (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107 Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 108, 110, 140, 141, 142, 144, 167A, 168C, 243, 245B
WARREN COUNTY VTD: 0001 WARRENTON VTD: 0003 NORWOOD VTD: 0004 BEALL SPRINGS
WILKES COUNTY VTD: 0001 1 VTD: 0004 3A"

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

N Abernathy N Adams N Aiken N Alford
Y Ashe N Atkins

Y Baker N Balkcom N Barfoot N Bargeron
N Barnett.B Y Barnett.M

N Bates N Beatty N Benefield N Birdsong
Blitch N Bordeaux

N Bostick N Branch N Breedlove Y Brooks
Y Brown N Brush

N Buck N Buckner N Byrd
Campbell
Canty N Carrell

WEDNESDAY, FEBRUARY 19, 1992

1119

N Carter N Cauthorn N Chafin N Chambless
Cheeks N Childers N Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings.B
Cummings,M N Davis.D Y Davis.G N Davis.M
Dixon.H
N Dixon.S N Dobbs N Dover
Dunn N Edwards Y Elliott N Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt

N Godbee N Golden Y Goodwin E Green
Greene Griffin N Groover N Hamilton N Hammond N Hanner N Harris.B N Harris.J N Heard N Henson
N Herbert N Holland Y Holmes Y Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King N Kingston N Klein YLadd N Lane.D

N Lane.R N Langford Y Lawrence N Lawson N Lee
Long N Lord
Lucas N Mann N Martin N McBee
McCoy N McKelvey
McKinney.B
Y McKinney.C N Meadows Y Merritt
Milam Mills N Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C Oliver.M NOrr Orrock N Padgett N Parham

N Parrish Patten Pelote
N Perry
N Pettit N Pinholster N Pinkston NPoag N Porter
Poston N Powell.A N Powell.C N Presley N Purcell Y Randall
Ray N Reaves
Redding N Ricketson N Royal
Selman N Sherrill N Simpson
Sinkfield N Skipper N Smith.L N Smith.P N Smith.T N Smith.W Y Smyre

On the adoption of the amendment, the ayes were 21, nays 128. The amendment was lost.

N Snow N Stancil.F N Stancil.S
Stanley N Streat Y Taylor N Teper N Thomas.C N Thomas.M
Thomas.N Thurmond N Titus Y Tolbert N Townsend
Turnquest N Twiggs
Valenti N Vaughan N WalkerJ N Walker.L N Wall N Watson N Watts Y White N Wilder N Williams.B Y Williams.J N Williams.R
N Yeargin Murphy ,Spkr

The following amendment was read:

Representative White of the 132nd, et al. move to amend SB 566 by striking in their entireties the descriptions of District 1 through District 56 and inserting in lieu thereof, respectively, the following:
"District: 1
QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CALHOUN COUNTY DOUGHERTY COUNTY
VTD: 0007 BROAD AVENUE SCHOOL VTD: 0008 ALBANY JR COLLEGE (Part)
Tract: 0009. Block(s): 310, 311
Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217
Tract: 0104.02 Block(s): 102A, 102B, 103A, 104, 105, 106, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122
VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM

1120

JOURNAL OF THE HOUSE,

VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0027 SYLVANDALE ELEMENTARY SCH LEE COUNTY VTD: 0001 CHOKEE VTD: 0006 SMITHSVILLE SUMTER COUNTY VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 VTD: 0020 THOMPSON 17 VTD: 0035 AMERICUS 27 (Part)
Tract: 9502. Block(s): 115A, 115B, 115D, 116A, 116B, 117A, 117B, 118A, 118B, 118C, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 141A, 141B, 141C, 141D, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 148A, I486, 148C, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303A, 303B, 304, 305, 306, 307, 308, 309, 310, 412A, 413, 414, 423, 424, 425, 426, 427, 428
Tract: 9503. Block(s): 135A, 135B, 135C, 135D, 136, 137A, 137B, 138, 139A, 139B, 140A, 140B, 141, 142A, 142B, 143, 144, 215A, 215C, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 514A, 514B, 515, 516, 517, 518, 519A, 519B, 520A, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 545, 546
Tract: 9504.
Block(s): 319, 320
Tract: 9505.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 116, 117, 119, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 230, 232A, 232B, 233A, 233C, 234, 235, 236, 237, 238, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 326B, 327, 328, 329, 331, 332, 333, 334
Tract: 9506.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301,

WEDNESDAY, FEBRUARY 19, 1992

1121

302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314,
315, 317 Tract: 9507.
Block(s): 104, 115, 116, 117, 118, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 207B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 418, 419, 420, 421, 422, 423, 424, 425, 427, 432, 435
District: 2
RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 VTD: 0004 2A VTD: 0005 3 VTD: 0006 3A VTD: 0007 3B VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0012 5 VTD: 0013 5A VTD: 0014 5B VTD: 0016 6A VTD: 0017 6B VTD: 0018 6C VTD: 0019 7 (Part) Tract: 0001. Block(s): 210, 302, 303, 304, 305, 409 VTD: 0020 7A VTD: 0021 8 (Part) Tract: 0001. Block(s): 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A
VTD: 0022 8A (Part) Tract: 0016. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 219A, 233
VTD: 0023 8B VTD: 0024 8C VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0031 86-3 (Part)
Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 201
VTD: 0032 86-4 VTD: 0038 87-2 (Part)
Tract: 0016. Block(s): 201, 219B, 220, 232, 235
VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7

1122

JOURNAL OF THE HOUSE,

VTD: 0047 89-2 VTD: 0048 89-3 VTD: 0049 89-4 VTD: 0050 89-5 (Part)
Tract: 0105.09 Block(s): 817, 823, 825, 831
Tract: 0107.05 Block(s): 104
VTD: 0051 89-6 VTD: 0052 89-7 VTD: 0053 89-8 VTD: 0055 89-10 (Part)
Tract: 0016. Block(s): 202B, 203
VTD: 0058 90-3 (Part) Tract: 0102.04 Block(s): 135, 137, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 213, 215, 216, 217, 228, 229, 230
VTD: 0059 90-4 (Part) Tract: 0102.01 Block(s): 205, 206
VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6
District: 3
BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0007 EM07 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0016 GODFREY 07 VTD: 0017 GODFREY 08 VTD: 0019 HAZARD 05 VTD: 0020 HAZARD 06 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 VTD: 0042 VINEVILLE 09 VTD: 0043 MACON 02

WEDNESDAY, FEBRUARY 19, 1992

1123

VTD: 0044 MACON 01 LAURENS COUNTY
VTD: 0001 NATIONAL GUARD VTD: 0004 BETHSADIA (Part)
Tract: 9505. Block(s): 317, 338, 339, 340, 341, 342, 343, 344A, 344B, 345B, 348B, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361
Tract: 9508. Block(s): 310A, 310B, 311, 312, 313A, 313B, 313C, 314B, 318
VTD: 0008 BURGAMY VTD: 0011 DUDLEY (Part)
Tract: 9506. Block(s): 101A, 101B, 102, 103, 104, 105A, 105B, 106, 107, 108, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 155A, 155B, 156, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163, 164, 165, 166, 167A, 167B, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182A, 182B, 183A, 183B, 184, 185, 186A, 186B, 187, 189, 191, 192, 193, 194, 195, 196, 197
VTD: 0013 HARVARD TWIGGS COUNTY
VTD: 0001 BLUFF VTD: 0004 JEFFERSONVILLE VTD: 0011 PEARSON 2 WILKINSON COUNTY VTD: 0001 IRWINTON VTD: 0002 BETHEL VTD: 0008 MIDWAY VTD: 0009 PASSMORE VTD: 0010 RAMAH VTD: 0011 TURKEY CREEK
District: 4
BRYAN COUNTY VTD: 0001 NINETEENTH VTD: 0002 MILL CREEK VTD: 0006 FORT STEWART VTD: 0007 BLITCHTON
CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0024 3-1 VTD: 0025 3-2 VTD: 0026 3-3 VTD: 0027 3-4 VTD: 0028 3-5 VTD: 0034 4-1 VTD: 0046 5-1

1124

JOURNAL OF THE HOUSE,

VTD: 0047 5-2 VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0072 7-8 VTD: 0076 8-1 VTD: 0077 8-2 VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10 VTD: 0086 5-11 LIBERTY COUNTY VTD: 0009 2-0009 VTD: 0011 2-0011 VTD: 0012 2-0012
District: 5 (TO BE INSERTED)
District: 6
CLAY COUNTY EARLY COUNTY BAKER COUNTY SEMINOLE COUNTY BROOKS COUNTY
VTD: 0001 BARNEY VTD: 0002 BRIGGS (Part)
Tract: 9903. Block(s): 255, 256, 258, 259, 260, 261, 262, 263, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277
Tract: 9904.
Block(s): 101, 102, 130, 131, 132, 133, 134, 135, 136, 137
Tract: 9905.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128,
129 VTD: 0003 DIXIE VTD: 0004 DRY LAKE VTD: 0005 GROOVERVILLE VTD: 0006 HICKORY HEAD VTD: 0007 MORVEN VTD: 0008 WANKIN VTD: 0009 QUITMAN (Part)
Tract: 9902. Block(s): 295

WEDNESDAY, FEBRUARY 19, 1992

1125

Tract: 9903. Block(s): 279, 292, 293
Tract: 9904. Block(s): 103, 104, 105, 106, 107, 108, 117, 118, 119, 120, 121, 122, 123, 125, 126, 127, 128, 129, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 148A, 148B, 149, 150, 151, 152, 153, 154, 155A, 155B, 156, 157A, 157B, 158A, 158B, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 217A, 217B, 218, 219A, 219B, 220, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234A, 234B, 235A, 235B, 236, 237A, 237B, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380
Tract: 9905. Block(s): 119, 120, 130, 131, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 147C, 147D, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168A, 168B, 169A, 169B, 169C, 170A, 170B, 170C, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 190B, 191A, 191B, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 313D, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 337, 338, 339A, 339B, 339C, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354A, 354B, 355, 356, 357A, 357B, 358, 359, 360, 361, 362
VTD: 0010 TALLOAKS AND WILLIAMS COLQUITT COUNTY
VTD: 0010 MOULTRIE (Part) Tract: 9703.
Block(s): 433, 523, 524, 525, 616, 617
Tract: 9707.
Block(s): 211, 212, 222, 223, 224, 225, 226, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 252, 253, 254, 255, 256, 257, 258, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 342, 343, 404A, 404B, 405, 406A, 406B, 407, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 427
Tract: 9708.
Block(s): 101, 102, 103, 104, 105, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 141, 142, 143, 144, 145, 201, 202, 203, 204, 205, 206, 207, 208, 209

1126

JOURNAL OF THE HOUSE,

VTD: 0018 SHAW VTD: 0019 AUTREYVILLE (Part)
Tract: 9706. Block(s): 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 245, 246, 324, 325, 326, 327, 361, 362, 363, 364, 365, 366, 367, 370, 371
Tract: 9707. Block(s): 509B, 510B, 511B, 511C, 512B, 517C, 520B, 524, 525, 526, 527, 528, 530, 531, 622C
DECATUR COUNTY VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part) Tract: 9703. Block(s): 284A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 387, 388, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423A, 423B, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447 Tract: 9704. Block(s): 124A, 124B, 125, 126A, 126B, 127, 128, 205A, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 302A, 302C, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 445, 446, 447, 448, 449 Tract: 9705. Block(s): 238 Tract: 9706. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221 Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 117, 118, 119, 122, 123, 193, 194 VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9703.
Block(s): 144A, 158A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 202A, 202B, 204A, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 267A, 268, 269, 270A, 271, 272, 273, 274, 275, 276, 277, 278A, 279, 280, 281, 282, 283
VTD: 0005 BELL
VTD: 0008 FACEVILLE
VTD: 0009 FOWLSTOWN
VTD: 0010 KENDRICK

WEDNESDAY, FEBRUARY 19, 1992

1127

VTD: 0013 RECOVERY GRADY COUNTY
VTD: 0010 DUNCANVILLE VTD: 0015 HIGDON VTD: 0035 RAGAN VTD: 0050 CAIRO 4 VTD: 0055 CAIRO 5 (Part)
Tract: 9504. Block(s): 151A, 301B, 303A, 309, 310, 315, 316, 317, 318, 319, 320, 321, 322A, 323, 324, 326, 327, 401, 402, 403, 404, 405, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420
Tract: 9505. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 230, 231, 232, 402, 403, 404, 405, 407, 408, 409, 410, 420, 421, 422, 423, 424A, 425, 426, 436, 437, 438, 439
VTD: 0060 WHIGHAM (Part) Tract: 9502. Block(s): 248A, 248B, 252, 253, 254, 255, 256, 257, 258, 259, 260, 263, 264, 265 Tract: 9503. Block(s): 126B, 405B, 406, 407, 408B, 409A, 409B
LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part) Tract: 0105. Block(s): 116, 119, 121, 122, 123, 124, 125, 126, 127, 128 Tract: 0109. Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127, 140, 141, 142, 143, 144, 145 Tract: 0110. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 211, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 320, 321, 322, 323, 324, 325, 326, 327, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450 VTD: 0006 CHURCH LATTERDAY SAINTS (Part) Tract: 0114. Block(s): 401C VTD: 0007 LOMAX-PINEVALE VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0106. Block(s): 306, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417 Tract: 0108. Block(s): 207 VTD: 0015 AZALEA CITY CHURCH OF GOD (Part)
Tract: 0109.
Block(s): 344A, 345
Tract: 0113.
Block(s): 11 IB
Tract: 0114.
Block(s): 309A, 309B, 309C, 310A, 311, 405B, 405C, 405E, 405F, 406, 407A, 409A, 409B, 410, 411, 412, 413A, 413B, 413C, 414A,

1128

JOURNAL OF THE HOUSE,

414B, 415B, 416, 419, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 443, 444, 445, 446, 447, 503A, 504A, 505A, 506A VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 493, 494, 495 VTD: 0019 CRAIG RECREATION CENTER (Part) Tract: 0109. Block(s): 211, 212B, 213, 217B, 218, 219, 220, 221, 222, 223B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 347A, 348, 349, 350, 351 Tract: 0113. Block(s): 116A, 117, 401, 402, 403, 404, 405, 406, 407, 408, 421, 422, 423, 424, 425, 426, 427, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 701, 702, 703, 704, 705, 706, 707, 708, 709 Tract: 0114. Block(s): 306A, 306B, 306C, 307, 308, 417A, 417C, 439, 440A, 440B, 441, 442 MITCHELL COUNTY VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134,
135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147,
148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 169, 170,
201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
214, 220, 221, 337A, 339A, 341, 342, 343, 344, 345, 346, 347,
348, 349, 350, 352
Tract: 9804.
Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413,
414, 415, 416, 417, 418, 419, 426, 427, 428, 429, 430, 431B,
461, 481, 482, 483
VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 165, 166, 167, 168, 171, 215, 216, 217, 218, 219 Tract: 9804. Block(s): 147, 148A, 148D, 201, 202, 203, 204, 205, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 244, 245, 246A, 246B, 247A, 247B, 249, 301, 302, 303, 304, 305A, 305B, 306, 323B, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 434, 435, 436, 437, 438, 456, 459A, 462 Tract: 9806. Block(s): 101, 102, 103, 104, 301
VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0040 PELHAM (Part)
Tract: 9806. Block(s): 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201A, 201B, 202, 203, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 210, 211A, 211B, 212, 213, 214, 215, 216A, 216B, 217, 218, 302
Tract: 9807.
Block(s): 153A, 154A, 156, 157

WEDNESDAY, FEBRUARY 19, 1992

1129

THOMAS COUNTY VTD: 0002 BALFOUR VTD: 0003 BOSTON VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY VTD: 0015 HARPER VTD: 0016 SUSIE DUNLAP
District: 7
CHATTAHOOCHEE COUNTY MUSCOGEE COUNTY
VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING
District: 8
MACON COUNTY STEWART COUNTY WEBSTER COUNTY CRAWFORD COUNTY
VTD: 0002 2 VTD: 001B IB CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801. Block(s): 121, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 264A, 264B, 265A, 265B, 266A, 266B, 304, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323A, 323B, 324A, 324B, 325, 339, 340, 341, 342, 343, 351, 352, 353, 354, 355, 364, 365, 366, 367
Tract: 9802. Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 175, 176, 177, 178, 179A, 179B, 179C, 180, 181, 182A, 182B,

1130

JOURNAL OF THE HOUSE,

182C, 183, 184, 185, 186, 187, 193, 194, 195, 196A, 196B, 197A, 197B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 328, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454A, 454B, 454C, 454D, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619 Tract: 9803. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 336, 341, 342, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 369, 370 Tract: 9804. Block(s): 206, 207, 208, 209, 210, 211, 222, 223, 224, 225, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 340, 341A, 341B, 418A, 418B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441 DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0005 FINDLAY 1552 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671 HARRIS COUNTY VTD: 0011 WAVERLY HALL HOUSTON COUNTY VTD: 0014 N13 VTD: 0015 12TH (Part) Tract: 0215.02
Block(s): 204, 205, 211, 212, 213, 214, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0016 TOWN (Part)
Tract: 0212.
Block(s): 304A, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 508, 509, 601, 602, 603, 604, 605, 606, 607, 608, 615, 616, 617, 618, 705, 706, 707, 715, 716, 717
Tract: 0213.
Block(s): 113A, 113B, 113C, 115A, 115B, 115C, 115D, 119A, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B,

WEDNESDAY, FEBRUARY 19, 1992

1131

129C, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208,
209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221,
222, 223, 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309A,
309B, 310, 311A, 311B, 311C, 311D, 312, 313A, 313B, 313C,
314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326,
327, 328, 329, 330, 331, 333, 334, 335, 336, 407, 408, 409, 410,
411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423,
424, 425, 426, 427A, 427B, 429A, 430A, 430B
Tract: 0214.
Block(s): 101A, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117, 118,
119, 120A, 204, 403, 404, 405A, 406A, 406B, 508, 509, 510,
513
MARION COUNTY VTD: 0005 BUENA VISTA VTD: 0010 DRANEVILLE VTD: 0030 PINEKNOT VTD: 0035 BRANTLEY
MERIWETHER COUNTY VTD: 0001 LONE OAK VTD: 0002 LUTHERVILLE (Part) Tract: 9701. Block(s): 106A, 107, 108, 109, 110, 111A, 111B, 119, 123, 124, 125, 126, 136, 137, 138, 139, 140A, 1406, 141, 142A, 142B, 143A, 143B, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219A, 219B, 220A, 220B, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 232, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 257, 258, 259, 260, 261, 262, 263, 264, 265, 267, 268, 269, 272, 273, 274, 275, 276, 277 Tract: 9702. Block(s): 272, 274, 275, 276 Tract: 9703. Block(s): 102 VTD: 0003 ALVATON-UPPER NINTH (Part) Tract: 9702. Block(s): 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 119B, 120, 121, 122, 123A, 123B, 124A, 124B, 125A, 125B, 126, 127A, 127B, 128, 129, 130A, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151, 152, 168, 196, 197, 201A, 201B, 202, 203, 204, 218A, 239A, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 277, 278, 279, 280, 281, 282, 283, 286 VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0006 CHALYBEATE AND LOVE VTD: 0008 GILL TWO VTD: 0010 DURAND VTD: 0011 ODESSADALE-SEVENTH VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH
PEACH COUNTY
VTD: 0005 DISTRICT 1
VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3 PIKE COUNTY
VTD: 1401 CONCORD

1132

JOURNAL OF THE HOUSE,

SUMTER COUNTY VTD: 0030 PLAINS OLD 26
TALBOT COUNTY VTD: 3001 BOX SPRINGS VTD: 3002 FLINT HILL VTD: 3003 GENEVA VTD: 3004 JUNCTION CITY VTD: 3005 ONEALS VTD: 3006 PRATTSBURG VTD: 3007 TALBOTTON VTD: 3008 VALLEY
TAYLOR COUNTY VTD: 0001 1 VTD: 0002 2 VTD: 0007 7 VTD: 0009 9
TROUP COUNTY VTD: 0004 LAGRANGE FOUR VTD: 0009 MOUNTVILLE VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS (Part) Tract: 9606. Block(s): 201A, 202, 203, 204, 207, 208, 213, 214A, 215A, 216, 217, 232, 233, 234, 235
UPSON COUNTY VTD: 0007 SALEM
District: 9 (TO BE INSERTED)
District: 10
TALIAFERRO COUNTY HANCOCK COUNTY BALDWIN COUNTY
VTD: 0001 MONTPELIER- EAST BALDWIN VTD: 0003 WEST BALDWIN 319 (Part)
Tract: 9704. Block(s): 311D, 311E
Tract: 9705. Block(s): 201B, 202B, 212B, 359B, 361, 370, 374, 375, 376, 377, 379, 380, 382, 383, 384, 385
Tract: 9708. Block(s): 201, 202, 204, 205, 210, 402, 403, 404, 405, 410, 411, 412, 413, 414
VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E (Part)
Tract: 9707. Block(s): 217A, 218A, 303A, 304A, 307A, 308, 309, 315, 316, 317, 318, 319, 320, 321, 401A, 402, 416, 418A, 420A, 422, 423, 424, 425
VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9704. Block(s): 311B, 313, 314, 315, 316, 317, 318, 319, 324, 325, 428, 429, 507, 508, 509 Tract: 9705. Block(s): 109, 110, 111, 112, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 212A, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 357, 358, 359A, 360
VTD: 0009 WEST HARDWICK 321W (Part)

WEDNESDAY, FEBRUARY 19, 1992

1133

Tract: 9706. Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421
Tract: 9708. Block(s): 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 231
VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 137, 140 Tract: 9706. Block(s): 107B Tract: 9707. Block(s): 101, 102, 103, 104, 105, 112, 113, 114, 115, 118, 119, 120, 124, 125, 127, 128, 130, 131, 134, 135, 136, 137, 138, 139, 140B, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 301, 303B, 304B, 305, 306, 307B, 418B, 501C, 503B, 537, 540, 541, 542, 543, 545, 546, 547, 550 Tract: 9708. Block(s): 101, 102, 103, 104, 105A, 118A, 119, 120, 121, 122, 123A, 124, 125, 126, 127A, 128, 129
VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 421, 422, 524 Tract: 9705. Block(s): 116, 136
BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0003 GOUGH VTD: 0004 GREENS CUT AND FOUR POINTS (Part) Tract: 9501. Block(s): 165, 166, 167, 168, 169A, 189, 190, 191, 192 VTD: 0006 MIDVILLE VTD: 0007 MUNNERLYN VTD: 0008 SARDIS VTD: 0009 SCOTTS CROSSROAD VTD: 0010 SHELLBLUFF VTD: 0011 ST CLAIR VTD: 0012 VIDETTE VTD: 0014 NORTH WAYNESBORO VTD: 0015 SOUTH WAYNESBORO
EMANUEL COUNTY VTD: 0003 CROSS-GREEN
GREENE COUNTY VTD: 0001 GREENSBORO VTD: 0003 WOODVILLE VTD: 0004 UNIONPOINT
VTD: 0005 SILOAM
VTD: 0006 WHITE PLAINS
VTD: 0007 LIBERTY
JEFFERSON COUNTY
VTD: 0004 LOUISVILLE

1134

JOURNAL OF THE HOUSE,

VTD: 0005 WADLEY VTD: 0006 BARTOW MCDUFFIE COUNTY VTD: 0001 THOMSON (Part)
Tract: 9501. Block(s): 272, 281, 282, 283, 284, 285, 286, 290, 291, 292, 293
Tract: 9502. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119A, 119B, 119C, 120A, 120B, 121A, 121B, 121C, 122A, 122B, 122C, 122D, 123A, 123B, 124A, 124B, 124C, 125A, 125B, 125C, 126A, 126B, 126C, 127A, 127B, 127C, 128, 129A, 129B, 130A, 130B, 208A, 224, 225, 226, 227, 228, 229, 306, 307, 308, 309, 310A, 310B, 311A, 311B, 311C, 311D, 312, 313A, 313B, 313D, 314A, 314B, 315, 319B, 320, 321, 322, 401, 402, 406A, 407, 408, 409, 410, 411, 412, 413A, 418, 424, 425, 426, 427A, 427B, 428, 429, 430, 501, 502, 503, 504
Tract: 9503. Block(s): 111, 112, 113, 114, 115, 116, 117, 118A, 118B, 119A, 119B, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 240, 241, 242A, 242B, 243A, 243B, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256A, 256B, 258, 259, 260A, 260B, 261A, 261B, 321B, 331B, 332, 333, 334, 335
Tract: 9504. Block(s): 107, 108, 109, 110, 111, 112, 113, 117, 118, 119, 120, 121, 203, 204, 205, 207, 209, 215A, 215B, 216, 217, 218A, 219A, 219B, 227, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 401, 402B, 403B, 406A, 406B, 406C, 407A, 407B, 408A, 408B, 408C, 409B, 409C, 409D, 409E, 410, 501, 502
MORGAN COUNTY VTD: 0001 MADISON CITY VTD: 0002 BUCKHEAD (Part) Tract: 9804. Block(s): 114A, 117A, 118, 119A, 119B, 120A, 121, 122, 123, 124A, 125A, 135, 136, 137, 138, 139, 140, 141A, 141B, 142, 150, 151, 152, 153, 155, 156, 157, 161, 162, 163, 164, 165, 183, 189, 190, 191, 192, 194
PUTNAM COUNTY VTD: 1701 1 VTD: 1702 2 VTD: 1703 3 (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107 Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 132, 140, 141, 142, 143, 144, 147, 167A, 243
SCREVEN COUNTY VTD: 0008 WADE PLACE
WARREN COUNTY VTD: 0001 WARRENTON VTD: 0003 NORWOOD
VTD: 0004 BEALL SPRINGS
WASHINGTON COUNTY
VTD: 0001 OCONEE
VTD: 0003 DAVISBORO
VTD: 0004 SANDERSVILLE

WEDNESDAY, FEBRUARY 19, 1992

1135

VTD: 0005 DEEP STEP VXD: 0006 RIDDLEVILLE VTD: 0007 WARTHEN VTD: 0008 TENNILLE WILKES COUNTY VTD: 0001 1 VTD: 0004 3A
District: 11 (TO BE INSERTED)
District: 12 (TO BE INSERTED)
District: 13 (TO BE INSERTED)
District: 14 (TO BE INSERTED)
District: 15 (TO BE INSERTED)
District: 16 (TO BE INSERTED)
District: 17 (TO BE INSERTED)
District: 18 (TO BE INSERTED)
District: 19 (TO BE INSERTED)
District: 20 (TO BE INSERTED)
District: 21 (TO BE INSERTED)
District: 22 (TO BE INSERTED)
District: 23 (TO BE INSERTED)
District: 24 (TO BE INSERTED)
District: 25 (TO BE INSERTED)
District: 26 (TO BE INSERTED)
District: 27 (TO BE INSERTED)
District: 28 (TO BE INSERTED)
District: 29 (TO BE INSERTED)
District: 30 (TO BE INSERTED)
District: 31 (TO BE INSERTED)
District: 32 (TO BE INSERTED)
District: 33 (TO BE INSERTED)
District: 34 (TO BE INSERTED)
District: 35
CLAYTON COUNTY VTD: 0026 RIVERDALE 1
COBB COUNTY VTD: 0047 HOWELLS 2 VTD: 0053 MABLETON 2 VTD: 0080 PEBBLEBROOK
FULTON COUNTY VTD: OOE7 10A

1136

JOURNAL OF THE HOUSE,

VTD: OOE8 10B VXD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON3 FA01 VTD: OOR1 PA01 VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOT5 SC12 VTD: OOT6 SC13 VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: OOU1 SC17 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SCO?
District: 36
FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 1J VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0019 2D VTD: 0020 2E VTD: 0025 2K VTD: 0031 2S VTD: 0038 2Z VTD: 0062 4H VTD: 0069 4R VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0082 6F

WEDNESDAY, FEBRUARY 19, 1992

1137

VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0087 6N VTD: OOG8 11G VTD: OOG9 11H VTD: OOH2 UK VTD: OOH3 11L VTD: OOH7 11R VTD: OOH9 12A VTD: OOJ1 12B VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ5 12F VTD: OOJ7 12H VTD: OOJ9 12K VTD: OOK1 12L VTD: OOK4 12P
District: 37 (TO BE INSERTED)
District: 38
COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0048 HOWELLS 3 VTD: 0054 MABLETON 3 VTD: 0070 MT. HARMONY VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: OOA2 SMYRNA 7 (Part) Tract: 0311.03 Block(s): 205B Tract: 0311.07 Block(s): 203E, 204A, 205A, 207A, 218, 219, 220, 221, 222, 228, 229, 231, 232, 233, 234, 306B, 307A, 308, 317A, 317B, 318A, 319, 321A Tract: 0312.02 Block(s): 319A, 324A, 325A, 327, 331A, 403A, 408A, 413A, 419A, 435A, 436A, 437A, 438A, 438B, 438C, 438D, 438E, 439A, 601A, 601B, 603A, 605A, 605B, 607A, 608A, 608B, 609A, 610A, 611B, 612A, 613A Tract: 0312.04 Block(s): 516B, 519B, 530A Tract: 0313.01 Block(s): 101B, 155B, 155C, 156, 901A, 905A, 905B Tract: 0313.02 Block(s): 401, 404C, 405B, 407, 408A VTD: OOA9 VININGS 1 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3
FULTON COUNTY VTD: 0046 3H VTD: 0048 3K VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D

1138

JOURNAL OF THE HOUSE,

VTD: OOD4 9E VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE9 10C VTD: OOF1 10D VTD: OOF2 10E VTD: OOF3 10F VTD: OOF4 10G VTD: OOFS 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOG1 ION VTD: OOG2 11A VTD: OOH1 11J VTD: OOH4 11M VTD: OOH5 UN VTD: OOH6 IIP VTD: OOK6 CP01 VTD: OOK8 CP03 VTD: OOL6 EP01 VTD: OOL7 EP02 VTD: OOM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OON2 EP15
District: 39
FULTON COUNTY VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0023 2H VTD: 0024 2J VTD: 0026 2L VTD: 0030 2R VTD: 0035 2W VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0047 3J VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0058 4D VTD: 0059 4E

WEDNESDAY, FEBRUARY 19, 1992

1139

VTD: 0061 4G VTD: 0064 4K VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N VTD: 0070 4S VTD: 0071 4T VTD: 0086 6K VTD: OOA1 7M (Part)
Tract: 0004. Block(s): 103, 104, 105, 106, 201, 202, 203, 204, 205, 206, 301, 303, 304, 305
VTD: OOA2 7N VTD: OOA3 7P VTD: OOA4 7R VTD: OOA5 7S VTD: OOA8 8A (Part)
Tract: 0097. Block(s): 105, 108, 111, 112, 113, 114
Tract: 0098. Block(s): 102, 103A, 104, 105, 106, 107A, 107B, 108, 109, 110, 111, 112, 113, 114, 117, 118, 217
Tract: 0102.01 Block(s): 703A, 706A, 707, 708
VTD: OOB3 8E VTD: OOB4 8F VTD: OOB6 8H VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L VTD: OOC2 8N VTD: OOC3 8P VTD: OOC4 8R VTD: OOC7 8V VTD: OOD5 9F VTD: OOD7 9H VTD: OOE6 9S VTD: OOF9 10M VTD: 00X7 9T
District: 40 (TO BE INSERTED)
District: 41 (TO BE INSERTED)
District: 42
CLAYTON COUNTY VTD: 0002 FOREST PARK 1 VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3
DEKALB COUNTY VTD: 0014 CALLANWOLDE VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0039 EASTLAND VTD: 0042 EPWORTH VTD: 0049 GORDON VTD: 0050 GRESHAM PARK VTD: 0061 JOHNSON ESTATES VTD: 0065 KIRKWOOD

1140

JOURNAL OF THE HOUSE,

VTD: 0078 MEADOWVIEW VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH FULTON COUNTY VTD: OOJ4 12E VTD: OOJ6 12G VTD: OOJ8 12J VTD: OOK2 12M VTD: OOK3 12N VTD: OOK7 CP02 VTD: OOL8 EPOS VTD: OOM1 EPOS VTD: OOM2 EP06 VTD: OON4 HP01 VTD: OON5 HP02 VTD: OOU3 SC19
District: 43
CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0003 FOREST PARK 2 VTD: 0017 ADAMSON MORROW 1 VTD: 0041 LAKE CITY 1
DEKALB COUNTY VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 102, 305, 306, 401, 402, 501, 502, 503, 504, 505 Tract: 0233.06 Block(s): 301, 302, 303, 304, 305, 401, 407, 408 VTD: OOAJ REDAN SOUTH VTD: GOAL ROCKBRIDGE VTD: OOAT SALEM VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBV WESLEY CHAPEL
District: 44 (TO BE INSERTED)

WEDNESDAY, FEBRUARY 19, 1992

1141

District: 45 (TO BE INSERTED)
District: 46 (TO BE INSERTED)
District: 47 (TO BE INSERTED)
District: 48 (TO BE INSERTED)
District: 49 (TO BE INSERTED)
District: 50 (TO BE INSERTED)
District: 51 (TO BE INSERTED)
District: 52 (TO BE INSERTED)
District: 53 (TO BE INSERTED)
District: 54 (TO BE INSERTED)
District; 55 (TO BE INSERTED)
District; 56
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0016 CANDLER VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0026 CLARKSTON VTD: 0031 CROSSROADS VTD: 0036 DUNAIRE VTD: 0038 EAST LAKE VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0073 MAINSTREET SOUTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 201, 202, 203, 204, 301, 302, 303, 304, 307, 308, 309 VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE VTD: OOBD SOUTH DECATUR VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH"

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

Y Abernathy N Adams N Aiken

N Alford Y Ashe N Atkins

Y Baker N Balkcom N Barfoot

N Bargeron N Barnett.B Y Barnett.M

N Bates N Beatty N Benefield

1142

JOURNAL OF THE HOUSE,

N Birdsong Blitch
N Bordeaux N Bostick N Branch N Breedlove Y Brooks Y Brown N Brush N Buck N Buckner N Byrd N Campbell
Cantv N Carrell N Carter N Cauthorn N Chal'in N Chambless
Cheeks N Childers
N Clark. K N Clark, L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings.B Y Cummings.M N Davis.D Y Davis.C. N Davis.M

Dixon.H
N Dixon.S
N Dobbs
N Dover
Dunn N Edwards Y Elliott
N Felton N Fennel N Floyd.J.M N Floyd.J.W
N Flynt N Godbee N Golden Y Goodwin E Green
Greene Griffin
N Groover
Hamilton
N Hammond
N Hanner
N Harris.B
N Harris.J N Heard N Henson N Herbert N Holland Y Holmes Y Howard N Hudson N Irwin N Jackson

N Jamieson
N Jenkins N Jones N Kilgore
N King
Y Kingston
N Klein Y Ladd N Lane.D
N Lane.R
N Langford
Y Lawrence
N Lawson NLee
Long
N Lord Lucas
N Mann
N Martin
N McBee
McCoy N McKelvey
McKinney.B Y McKinney.C N Meadows N Merritt
Milam
Mills N Mobley N Moody Y Morsberger
N Moultrie N Mueller

N Oliver.C Oliver.M
NOrr
Orrock
Y Padgett
N Pa ham N Pa rish
Pa ten
Y Pe >te
N Pe rv
N Pettit
N Pinholster
N Pinkston
N Poag
N Porter
Poston
N Powell.A N Powell.C N Presley N Purcell
Y Randall N Ray
Reaves Redding N Ricketson N Royal
Selman N Sherrill N Simpson
Sinkfield N Skipper N Smith.L N Smith.P

N Smith.T N Smith.W Y Smyre N Snow N Stancil.F N Stancil.S
Stanley N Streat Y Taylor N Teper N Thomas, C Y Thomas.M
Thomas, N Thurmond N Titus Y Tolbert N Townsend Turnquest N Twiggs Valenti N Vaughan N Walker,.! N Walker.L
N Wall N Watson N Watts Y White N Wilder N Williams.B Y WMIliams.J N Williams.R N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 26, nays 125. The amendment was lost.

Representative Padgett of the 86th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

N Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins Y Baker Y Balkcom Y Barfoo! Y Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick N Branch Y Breedlove N Brooks Y Brown Y Brush Y Buck N Buckner Y Byrd

Y Campbell
Y Canty
Y Carrell
Y Carter
Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth
Y Cummings.B
N Cummings.M Y Davis.D Y Davis.G N Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards

N Elliott Y Felton
Y Fennel
Y Floyd.J.M
Y Floyd.J.W
Y Flynt Y Godbee Y Golden
N Goodwin E Green Y Greene
Griffin
Y Groover
Hamilton
Y Hammond
Y Hanner
Y Harris.B
Y Harris.J Y Heard
Y Henson Y Herbert Y Holland N Holmes Y Howard Y Hudson Y Irwin Y Jackson

Y Jamieson Y Jenkins Y Jones
Y Kilgore
YKing
Y Kingston
Y Klein
NLadd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee
Long YLord
Lucas
Y Mann
Y Martin Y McBee
Y McCoy Y McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt
Milam

Mills Y Mobley Y Moody N Morsberger Y Moultrie
N Mueller Y Oliver.C
Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit
Y Pinholster Y Pinkston Y Poag Y Porter
Poston Y Powell.A Y Powell.C Y Presley
Purcell Y Randall

WEDNESDAY, FEBRUARY 19, 1992

1143

Ray Y Reaves
Redding Y Ricketson
Y Royal Selman
Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith, W
Y Smyre YSnow Y Stancil.F
Y Stancil.S

Stanley Y Streat N Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus

N Tolbert Y Townsend
Turnquest Y Twiggs
Valenti
Y Vaughan Y Walker.J Y Walker.L Y Wall

Y Watson Y Watts N White Y Wilder Y Williams.B N Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 133, nays 21. The Bill, having received the requisite constitutional majority, was passed.

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 "nay" thereon.

Representatives Chafin of the 72nd and King of the 72nd stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

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 Speaker Pro Tem assumed the Chair.

HB 1284.

By Representatives Pettit of the 19th and Watson of the 114th:
A bill to amend Part 1 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to units designed to be affixed to foundations or existing buildings, so as to repeal a definition; to authorize civil actions against dealers of industrialized buildings.

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

Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks N Brown N Brush YBuck Y Buckner

YByrd Y Campbell Y Canty Y Carrell
N Carter Y Cauthorn Y Chafin Y Chambless N Cheeks Y Childers N Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Conneli Y Culbreth Y Cummings.B
Cummings,M N Davis.D Y Davis.G
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs Y Dover

Dunn Y Edwards N Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden N Goodwin E Green
Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner
Harris.B Y Harris,J
Heard Y Henson Y Herbert Y Holland Y Holmes
Howard

Y Hudson Y Irwin
Y Jackson Y Jamieson
Y Jenkins Y Jones
Y Kilgore YKing N Kingston Y Klein NLadd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee
Long YLord
Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B

Y McKinney.C Y Meadows
Merritt Milam Mills Y Mobley Y Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Oliver.M YOrr Orrock Y Padgett Y Parham Y Parrish Patten Pelote Y Perry
Y Pettit Y Pinholster
Pinkston N Poag Y Porter
Poston

1144

JOURNAL OF THE HOUSE,

Y Powell.A N Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal

Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W Y Smyre

Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N

Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L

Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 127, nays 21. The Bill, having received the requisite constitutional majority, was passed.

Representative Davis of the 45th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1194. By Representatives Reaves of the 147th, Golden of the 148th, Selman of the 32nd, Royal of the 144th, Godbee of the 110th and others:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards and labeling of milk and milk products, so as to provide that the Commissioner of Agriculture may assess and collect fees for the purpose of defraying the expenses of licensing grade A plants, grade A producers-distributors, receiving stations, dairy manufacturing plants, milk handlers purchasing raw milk, or other things pertaining thereto.

The following Committee substitute was read:

A BILL
To amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards and labeling of milk and milk products, so as to provide that the Commissioner of Agriculture may assess and collect fees for the purpose of defraying the expenses of licensing grade A plants, grade A producers-distributors, receiving stations, dairy manufacturing plants, milk handlers purchasing raw milk, and retail frozen dessert packagers and the inspection of plants, products, or other things pertaining thereto; to provide an exception; 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 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards and labeling of milk and milk products, is amended by adding a new Code Section 26-2-234.1 to read as follows:
"26-2-234.1. For the purpose of defraying the expenses of the licensing of grade A plants, grade A producers-distributors, receiving stations, dairy manufacturing plants, milk handlers purchasing raw milk, and retail frozen dessert packagers and the inspection of plants, products, or other things pertaining thereto, the Commissioner may assess and collect costs thereof; provided, however, that no license issued to retail frozen dessert packagers shall exceed $100.00 per license."
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 1194 as follows:

WEDNESDAY, FEBRUARY 19, 1992

1145

By adding as Section 1A. the following:
"Section 1A. Nothing contained in this Act shall be construed as giving authority to the commissioner or any state agency to require a license to engage in the business of retail frozen dessert packagers."

The following amendment was read and adopted:
Representatives Walker of the 115th and Smith of the 152nd move to amend the Committee substitute to HB 1194 as follows:
By deleting the period at the end of line 27 and adding thereto:
"for for profit organizations and $10.00 per license for non-profit, charitable and religious organizations. Provided, further, that the licensing authority can waive any license fee for non-profit, charitable and religious organizations.
Representative Jackson of the 9th moved that the House reconsider its action in adopting the Groover amendment to HB 1194.
Representative Poag of the 3rd moved that HB 1194 be placed upon the table.
Representative Poag of the 3rd withdrew his motion.
Representative Murphy of the 18th moved to reconsider the previous question.
The motion prevailed.
Representative Murphy of the 18th moved that further consideration of HB 1194 be postponed until Monday, February 24, 1992 immediately following the period of unanimous consents.
On the motion, the ayes were 124, nays 0.
The motion prevailed.

By unanimous consent, SB 566 was ordered immediately transmitted to the Senate.

The Speaker assumed the Chair.

HB 1210.

By Representatives Golden of the 148th, Wall of the 61st and Flynt of the 75th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to prohibit loan brokers from performing certain acts; to provide definitions; to provide for the responsibility of principals; to provide for investigations, cease and desist orders, and hearing procedures with respect to loan brokers.

The following Committee substitute was read and adopted:

A BILL
To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to prohibit loan brokers from performing certain acts; to provide definitions; to provide for the responsibility of principals; to provide for actions for damages; to restrict certain contracts; to provide criminal penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

1146

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by adding at the end thereof a new chapter, to be designated Chapter 7, to read as follows:
"CHAPTER 7
7-7-1. As used in this chapter, the term: (1) 'Advance fee' means any consideration which is assessed or collected, prior to
the closing of a loan, by a loan broker. (2) 'Borrower' means a person obtaining or desiring to obtain a loan of money, a
credit card, or a line of credit. (3) 'Loan broker' means any person, firm, or corporation who does not operate or
maintain an office that is open regularly to the public for the transaction of business and where consumers actually visit to transact, discuss, or negotiate potential loans and:
(A) For or in expectation of consideration, arranges or attempts to arrange or offers to fund a loan of money, a credit card, or a line of credit;
(B) For or in expectation of consideration, assists or advises a borrower in obtaining or attempting to obtain a loan of money, a credit card, a line of credit, or related guarantee, enhancement, or collateral of any kind or nature;
(C) Acts for or on behalf of a loan broker for the purpose of soliciting borrowers; or
(D) Holds himself out as a loan broker. 'Loan broker' does not include any regulated lender or any mortgage banker or mortgage broker approved by a regulated lender or the federal Department of Housing and Urban Development, the Veterans' Administration, the Federal National Mortgage Corporation, or the Federal Home Loan Mortgage Corporation.
(4) 'Mortgage' means any indebtedness secured by a mortgage, deed of trust, security deed, or other lien on real property;
(5) 'Mortgage banker' means any person who in the regular course of business: (A) Holds himself out as being able to make mortgage loans; (B) Holds himself out as being able to service mortgage loans; or (C) Holds himself out as being able to buy or sell mortgage loans.
(6) 'Mortgage broker' means any person who in the regular course of business for compensation or gain or in the expectation of compensation or gain holds himself out as being able to assist a person in obtaining a mortgage loan.
(7) 'Principal' means any officer, director, partner, joint venturer, branch manager, or other person with similar managerial or supervisory responsibilities for a loan broker.
(8) 'Regulated lender' means any person, firm, corporation, or subsidiary thereof that is licensed by and subject to regulation or supervision of any agency of the United States or this state and is acting within the scope of the license. 7-7-2. No loan broker shall:
(1) Engage in unfair or deceptive acts or practices that are declared to be unlawful by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975';
(2) Assess, collect, or solicit an advance fee from a borrower to provide services as a loan broker; provided, however, that nothing contained in this paragraph shall preclude a loan broker from soliciting a potential borrower to pay for or preclude a potential borrower from paying for actual services necessary to apply for a loan, including but not limited to a credit check or an appraisal of security where such payment is made by check or money order payable to a party independent of the loan broker;
(3) Make or use any false or misleading representations or omit any material fact in the offer or sale of the services of a loan broker or engage, directly or indirectly, in any act that operates or would operate as fraud or deception upon any person in

WEDNESDAY, FEBRUARY 19, 1992

1147

connection with the offer or sale of the services of a loan broker, notwithstanding the absence of reliance by the buyer;
(4) Make or use any false or deceptive representation in its business dealings or to the department or conceal a material fact from the department; or
(5) Offer the services of a loan broker by making, publishing, disseminating, circulating, or placing before the public within this state an advertisement in a newspaper or other publication or an advertisement in the form of a book, notice, handbill, poster, sign, billboard, bill, circular, pamphlet, letter, photograph, or motion picture or an advertisement circulated by radio, loud-speaker, telephone, television, telegraph, or in any other way, where said offer or advertisement does not disclose the name, business address, and telephone number of the loan broker. For purposes of this Code section, the loan broker shall disclose the actual address and telephone number of the business of the loan broker in addition to the address and telephone number of any forwarding service that the loan broker may use. 7-7-3. Each principal of a loan broker may be sanctioned for the actions of the loan broker, including its agents or employees, in the course of business of the loan broker. 7-7-4. (a) Any borrower injured by a violation of this chapter may bring civil action in a court of competent jurisdiction for recovery of damages. Judgment shall be entered for actual damages and in no case shall be less than the amount paid by the borrower to the loan broker, plus reasonable attorney's fees and costs. An award may also be entered for punitive damages. (b) Any borrower injured by a violation of this chapter may bring an action against the surety bond or trust account, if any, of the loan broker. (c) The remedies provided under this chapter are in addition to any other procedures or remedies for any violation or conduct provided for in any other law. 7-7-5. A loan broker may not by contract, agreement, or otherwise limit the operation of this chapter, notwithstanding any other provision of law. 7-7-6. Any person who violates any provision of this chapter shall be guilty of a felony and upon conviction shall be subject to a fine not to exceed $5,000.00 or by imprisonment for not less than one nor more than five years, or both."
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 Abernathy Y Adams
Y Aiken Y Alford Y Ashe
Y Atkins
Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Y Bordeaux Y Bostick
Y Branch
Y Breedlove

Y Brooks Y Brown
Y Brush Y Buck Y Buckner
Y Byrd
Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L
Y Coker Y Coleman
Y Colwell
Connell

Y Culbreth Y Cummings,B
Cummings,M Y Davis.D Y Davis.G
Y Davis.M
Dixon.H Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Fennel
Y FloydJ.M Y FloydJ.W
Y Flynt Y Godbee
Y Golden
Y Goodwin

E Green Y Greene
Griffin Y Groover Y Hamilton
Y Hammond
Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson
Jenkins
Y Jones

Y Kilgore Y King
Y Kingston Y Klein Y Ladd
Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Mann
Y Martin Y McBee
McCoy Y McKelvey
McKinney.B
Y McKinney.C

1148

JOURNAL OF THE HOUSE,

Meadows Y Merritt Y Milam
Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham

Y Parrish Patten
Y Pelote
Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Y Randall

YRay Y Reaves
Redding
Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith.P Y Sraith.T Y Smith,W
Y Smyre

YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus
Y Tolbert Y Townsend
Y Turnquest

Y Twiggs Y Valenti
Y Vaughan Walker.J
Y Walker,L Y Wall
Y Watson Y Watts Y White Y Wilder Y Williams.B Y WilliamnJ Y Williams.R Y Yeargin
Y 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.

By unanimous consent, HB 1210 was ordered immediately transmitted to the Senate.

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 1068 Do Pass, as Amended HB 1175 Do Pass HB 1342 Do Pass

HB 1580 Do Pass HB 1598 Do Pass

Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Smyre of the 92nd 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 1679 Do Pass, by Substitute
Respectfully submitted, /s/ Smyre of the 92nd
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:

WEDNESDAY, FEBRUARY 19, 1992

1149

HB 999 Do Pass HB 666 Do Pass, by Substitute HB 1109 Do Pass, by Substitute HB 1282 Do Pass HB 1308 Do Pass HB 1314 Do Pass HB 1502 Do Pass, by Substitute

HB 1633 Do Pass, by Substitute HB 1637 Do Pass HB 1642 Do Pass HB 1658 Do Pass, by Substitute SB 460 Do Pass, by Substitute SB 475 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 Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1545 Do Pass HR 717 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1657 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 131st
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 493 Do Pass HB 1641 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
Chairman

1150

JOURNAL OF THE HOUSE,

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

Mr. Speaker:

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

HB 1170 Do Pass, by Substitute HB 1769 Do Pass HR 787 Do Pass HR 788 Do Pass HR 829 Do Pass HR 831 Do Pass HR 841 Do Pass SR 363 Do Pass

SR 369 Do Pass SR 375 Do Pass SR 377 Do Pass SR 378 Do Pass SR 379 Do Pass SR 380 Do Pass SR 417 Do Pass

Respectfully submitted, /s/ Colwell of the 4th
Chairman

Representative Dover of the llth 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 1279 Do Pass, by Substitute HB 1460 Do Pass, by Substitute HR 715 Do Pass, by Substitute

HB 1616 Do Pass, by Substitute HB 1739 Do Pass

Respectfully submitted, /s/ Dover of the llth
Chairman

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

THURSDAY, FEBRUARY 20, 1992

1151

Representative Hall, Atlanta, Georgia Thursday, February 20, 1992

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend L. Floyd Carmack, Pastor, Trinity United Church, Jonesboro, Georgia.
The members pledged allegiance to the flag.
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 1789. By Representative Langford of the 7th: A bill to create the Calhoun Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities.
Referred to the Committee on State Planning & Community Affairs - Local.

1152

JOURNAL OF THE HOUSE,

HB 1790. By Representative Langford of the 7th:
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 a county or municipal corporation may retain 3 percent of any moneys it is required by law to collect and transfer to the state or any agency of the state.
Referred to the Committee on State Planning & Community Affairs.

HB 1793. By Representatives Thomas of the 69th, Godbee of the 110th, Porter of the 119th, Parrish of the 109th, Ricketson of the 82nd and others:
A bill to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, so as to provide for approval of any school construction project which is less than base size; to provide that certain funds shall not be denied.
Referred to the Committee on Education.

HB 1794. By Representative Felton of the 22nd:
A bill to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts and safety restraints for children under four years of age, so as to increase the penalty for failure to use a child passenger restraining system.
Referred to the Committee on Motor Vehicles.

Representative Felton of the 22nd moved that HB 1794 be ordered engrossed. On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Barnett.B Barnett.M Bates Y Beatty Benefield Y Birdsong Y Blitch YT Bordeaux Y Bostick Branch N Breedlove N Brooks Y Brown Brush Y Buck Y Buckner Byrd Y Campbell Y Canty Y Carrell Carter Cauthorn Y Chafin Chambless Cheeks Y Childers

Clark.E N Clark.L Y Coker
Coleman Y Colwell N Connell Y Culbreth
Cummings.B Cummings.M Y Davis.D Y Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton N Fennel Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover N Hamilton Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin
Jackson Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Lee Y Long Lord N Lucas Y Mann Y Martin Y McBee Y McCoy McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills
Y Mobley
Y Moody
Y Morsberger
Y Moultrie
Y Mueller
Y Oliver.C Y Oliver.M
NOrr
Y Orrock
Y Padgett
Y Parham
Y Parrish
N Patten
Pelote
Y Perry
Pettit
Y Pinholster
Y Pinkston
YPoag
Porter
Y Poston
Powell.A
Y Powell.C
Y Presley
Y Purcell Randall Ray
Y Reaves N Redding
Ricketson Royal Y Selman Y Sherrill Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Streat
Y Taylor
N Teper Thomas.C
Y Thomas.M Thomas.N Thurmond
Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs N Valenti Y Vaughan
WalkerJ Y Walker.L N Wall Y Watson
Y Watts N White Y Wilder Y Williams.B Y Williams.J
Williams.R
Y Yeargin
Murphy.Spkr

THURSDAY, FEBRUARY 20, 1992

1153

On the motion, the ayes were 116, nays 14. The motion prevailed and HB 1794 was ordered engrossed.

Representatives Thomas of the 69th and Hammond of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1795. By Representatives Redding of the 50th, Valenti of the 52nd, Oliver of the 53rd and Williams of the 54th:
A bill to amend Code Section 48-5-353 of the Official Code of Georgia Annotated, relating to the basis for fair market value of property subject to both municipal and county taxation, so as to provide that in certain counties having different municipal and county property assessments, the state revenue commissioner may designate which assessment shall be used for purposes of calculating municipal ad valorem taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1796. By Representative Cummings of the 17th:
A bill to amend Article 4 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to financing the Georgia Firemen's Pension Fund, so as to change an exemption from a certain tax on certain premiums charged by each company, corporation, and association.
Referred to the Committee on Retirement.

HB 1797. By Representatives Ricketson of the 82nd, Cheeks of the 89th, Milam of the 81st and Griffin of the 6th:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in felony cases, so as to provide that the state shall be allowed the same number of peremptory challenges as the accused.
Referred to the Committee on Special Judiciary.

HB 1798. By Representative Hamilton of the 124th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to inform officials and the general public of items in the state's budget which affect children; to amend Code Section 45-12-78 of the Official Code of Georgia Annotated, relating to the duty of budget unit heads to submit annual estimates, so as to require the head of each budget unit to submit a separate children, youth, and families budget as a part of the annual budget request of each such budget unit.
Referred to the Committee on Appropriations.

HB 1799. By Representative Edwards of the 112th:
A bill to amend an Act providing that the judge of the Probate Court of Taylor County shall serve as chief magistrate of the Magistrate Court of Taylor County, so as to change the compensation of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

1154

JOURNAL OF THE HOUSE,

HB 1800. By Representative Edwards of the 112th:
A bill to amend an Act providing for a new charter for the City of Butler, so as to change the composition of the council districts from which the members of the city council are elected.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1801. By Representative Felton of the 22nd:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share funds required under the "Quality Basic Education Act," so as to limit the local fair share of any local school system located in a county whose tax digest has not been approved by the state revenue commissioner or is otherwise not enforceable or collectable by law.
Referred to the Committee on Education.
HB 1802. By Representative Meadows of the 91st:
A bill to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to the prohibition against public officials engaging in a bail bond business, so as to provide an exception for certain local elected officials under certain conditions.
Referred to the Committee on Governmental Affairs.
HB 1803. By Representative Carrell of the 65th:
A bill to amend an Act creating a Board of Commissioners of Walton County, so as to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1804. By Representative Goodwin of the 63rd:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions applicable to Georgia income taxations, so as to provide for certain individuals a deduction from gross income of the amount saved, plus earnings thereon, toward the first-time purchase of a home within the State of Georgia.
Referred to the Committee on Ways & Means.

HB 1805. By Representatives Orr of the 9th and Poston of the 2nd:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for purposes of state income taxes, so as to provide that such taxable net income shall include campaign donations and certain amounts expended with the hope or intent to influence legislation.
Referred to the Committee on Ways & Means.

HB 1806. By Representative Orr of the 9th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relating to the General Assembly, so as to provide for the recordation and transcription of sessions of the General Assembly and of meetings of the Judiciary and Special Judiciary committees of the Senate and the House of Representatives.
Referred to the Committee on Rules.

THURSDAY, FEBRUARY 20, 1992

1155

HB 1807. By Representative Hudson of the 117th:
A bill to amend an Act providing for the nonpartisan nomination and election of members of the Board of Education of Bleckley County upon the expiration of regular terms of office, so as to change the composition of the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1808. By Representative Alford of the 57th:
A bill to amend Code Section 48-2-51 of the Official Code of Georgia Annotated, relating to jeopardy assessments and collections, so as to allow local tax commissioners to make jeopardy assessments.
Referred to the Committee on Ways & Means.

HB 1809. By Representative Alford of the 57th:
A bill to amend Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance of certificate of title, so as to provide for the inspection of motor vehicle records from one county to another county.
Referred to the Committee on Motor Vehicles.

HB 1810. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits and retirement age for certain employees of the Uniform Division of the Department of Public Safety and the Georgia Bureau of Investigation, so as to provide that such persons shall retire at a certain age.
Referred to the Committee on Retirement.

HB 1811. By Representatives Dover of the llth, Harris of the 84th, Royal of the 144th, Godbee of the 110th, Barnett of the 10th and others:
A bill to amend Code Section 36-60-13 of the Official Code of Georgia Annotated, relating to multiyear lease, purchase, or lease purchase contracts, so as to provide for the publication of a report of certain financial data and information with respect to such lease, purchase, or lease purchase contracts.
Referred to the Committee on State Planning & Community Affairs.

HR 894. By Representatives Walker of the 115th, Townsend of the 24th, Lee of the 72nd, Martin of the 26th, Royal of the 144th and others:
A resolution creating the Joint Study Committee on Local Government Services.
Referred to the Committee on Rules.

HR 895. By Representatives Breedlove of the 60th, Barnett of the 59th, Mann of the 6th, Griffin of the 6th, Beatty of the 12th and others:
A resolution proposing an amendment to the Constitution so as to provide that the question of the continued existence of any lottery or lotteries run by or on behalf of the state shall be submitted to the voters in 1996 and quadrennially thereafter.
Referred to the Committee on Industry.

1156

JOURNAL OF THE HOUSE,

HR 896. By Representatives Breedlove of the 60th, Barnett of the 59th, Mann of the 6th, Beatty of the 12th, Streat of the 139th and others:
A resolution proposing an amendment to the Constitution so as to provide that revenue collected from fees assessed by state departments, officers, bureaus, boards, commissions, agencies, or institutions to cover the cost of providing certain services shall be retained and used solely for the purpose of paying expenses incurred in providing such service.
Referred to the Committee on Appropriations.

HR 912. By Representative Hamilton of the 124th:
A resolution urging the presidential candidates to identify and communicate their position on critical issues facing children, youth, and families.
Referred to the Committee on Rules.

HR 913. By Representative Goodwin of the 63rd:
A resolution urging the Supreme Court of Georgia to develop rules and procedures authorizing and governing the use of facsimile transmission for the filing of documents with the courts of this state.
Referred to the Committee on Judiciary.

HR 914. By Representatives Alford of the 57th, Irwin of the 57th, Blitch of the 150th and Henson of the 57th:
A resolution commending Honorable Clarence R. Vaughn, Jr., and designating the Clarence R. Vaughn, Jr., 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 1756 HB 1757 HB 1758 HB 1759 HB 1760 HB 1761 HB 1762 HB 1763 HB 1764 HB 1765 HB 1766 HB 1768 HB 1770 HB 1771 HB 1772 HB 1773 HB 1774 HB 1775 HB 1778 HB 1779 HB 1780 HB 1781

HB 1782 HB 1783 HB 1784 HB 1785 HB 1786 HB 1787 HB 1788 HB 1791 HB 1792 HR 897 HR 898 SB 383 SB 458 SB 514 SB 545 SB 549 SB 553 SB 561 SB 586 SB 591 SB 598 SB 602

THURSDAY, FEBRUARY 20, 1992

1157

SB 611 SB 616 SB 617 SB 640 SB 643 SB 669 SB 672 SB 685

SB 690 SB 691 SB 692 SR 358 SR 408 SR 410 SR 481

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 681 Do Pass, by Substitute HB 1534 Do Pass, as Amended HB 1574 Do Pass, by Substitute

HB 1597 Do Pass, by Substitute SB 586 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1290 Do Pass, by Substitute HB 1503 Do Pass, by Substitute
Respectfully submitted, /s/ 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1706 Do Pass, by Substitute HB 1421 Do Pass HB 1621 Do Pass
Respectfully submitted, /s/ Randall of the 101st
Chairman

1158

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 1004 Do Pass, as amended HB 1361 Do Pass

HB 1718 Do Pass HB 1767 Do Pass

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

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

Mr. Speaker:

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

HB 1700 Do Pass HB 1702 Do Pass HB 1724 Do Pass HB 1728 Do Pass HB 1735 Do Pass HB 1738 Do Pass

HB 1744 Do Pass HB 1746 Do Pass SB 624 Do Pass SB 625 Do Pass HB 1727 Do Pass

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

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

HB 1700.

By Representative Oliver of the 121st:
A bill to amend an Act creating the Board of Commissioners of Tattnall County, so as to reapportion and change the boundaries of the five road districts in Tattnall County for the purpose of electing members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1702.

By Representative Oliver of the 121st:
A bill to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to change the provisions relating to the election of members of the board of education and reapportion the education districts from which members are elected.

THURSDAY, FEBRUARY 20, 1992

1159

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1724.

By Representatives Jamieson of the llth and Dover of the llth:
A bill to require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Stephens County in addition to all other legal costs, and that such fees be remitted monthly to the secretary-treasurer of the Board of Trustees of the Stephens County Law Library.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1728.

By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act incorporating the Town of Clermont in the County of Hall, so as to provide terms for the mayor and councilmen.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1735.

By Representative Langford of the 7th:
A bill to amend an Act providing for the office of commissioner of Gordon County, as amended, particularly by an Act approved March 13, 1975, providing for a board of commissioners, so as to abolish the board and provide for the office of 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 144, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1738.

By Representatives Hanner of the 131st and Holland of the 136th:
A bill to create the Lee County Utilities Authority and to authorize such authority to acquire, construct, operate, and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations.

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

1160

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 144, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1744.

By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act creating the Board of Commissioners of Jones County, so as to change the compensation of the chairman and other members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1746.

By Representative Stancil of the 66th:
A bill to abolish the office of elected county surveyor of Oconee County; to provide for the appointment of a county surveyor by the governing authority of the county.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 624. By Senator Kidd of the 25th:
A bill to amend an Act providing for the election of members of the board of education of Baldwin County, as amended, so as to change the composition of education districts from which members of the board of education are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 625. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners of Baldwin County, as amended, so as to change the composition of commissioner districts from which members of the board are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 144, nays 3.

THURSDAY, FEBRUARY 20, 1992

1161

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

HB 1727.

By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to increase the amount of the homestead exemption from Jones 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 Jones County actually occupied by the owner as a residence and homestead.

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

Y Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
N Brooks Brown
Y Brush YBuck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn
Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E
Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.D Y Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Edwards
Y Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner Y Harris.B
Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes N Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long
Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Y Moultrie Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Simpson Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper
Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan
Y Walker.J Walker.L
Y Wall Y Watson
Watts N White
Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 144, nays 3. The Bill, having received the requisite two-thirds constitutional majority, was passed.

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.

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

Mr. Speaker:

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

1162

JOURNAL OF THE HOUSE,

HB 319. By Representatives Herbert of the 76th, Poston of the 2nd, Kilgore of the 42nd and Adams of the 79th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to provide for a tuition guaranty trust fund to be established from fees paid by nonpublic postsecondary educational institutions.

HB 1254.

By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney.

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

SB 360. By Senator Steinberg of the 42nd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to authorize a trier of fact, in the exercise of sound discretion, to order an obligor to continue to provide health care or financial assistance to a child who has reached the age of majority but who is unable to provide for his or her needs or to continue to provide financial assistance to enable a child to complete his or her secondary school education or to attend a college, university, or vocational school.

SB 527. By Senator Tysinger of the 41st:
A bill to amend Code Section 36-67A-3 of the Official Code of Georgia Annotated, relating to disclosure of campaign contributions by applicants for rezoning, so as to change the provisions relating to the time limit for filing a disclosure report.

SB 599. By Senators Walker of the 22nd, Hooks of the 14th and Albert of the 23rd:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to comprehensively revise the law relative to the training, education, and licensure of practical nurses; to provide for a short title; to provide for definitions; to provide for the composition, terms, and qualifications of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for termination.

SB 605. By Senators Broun of the 46th and Deal of the 49th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to authorize the withholding of lifesustaining procedures with respect to a patient in a coma or persistent vegetative state; to provide for legislative findings; to provide for and revise definitions; to revise and change the form of a living will; to revise and change conditions precedent to withholding or withdrawal of life-sustaining procedures.

HB 1393.

By Representative Smith of the 78th:
A bill to amend an Act providing for the election of the members of the Board of Education of Butts County, so as to reapportion the education districts for the election of members of the board of education.

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1163

HB 1409.

By Representative Smith of the 78th:
A bill to amend an Act creating the Board of Commissioners of Butts County, so as to reapportion the commissioner districts for the election of members of the board of commissioners.

HB 1427.

By Representative Davis of the 77th:
A bill to amend an Act providing for election of members of the Heard County Board of Education and related matters, so as to reapportion the education districts.

HB 1543.

By Representatives Clark of the 20th, Klein of the 21st, Atkins of the 21st, Aiken of the 21st, Vaughan of the 20th 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.

HB 1603.

By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act reincorporating and re-creating the City of Woodstock, so as to deannex and exclude certain property from the corporate limits of the city.

HB 1610.

By Representatives Hammond of the 20th, Cauthorn of the 20th, Atkins of the 21st, Aiken of the 21st, Coker of the 21st and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

HB 1630. By Representative Skipper of the 116th: A bill to provide a new charter for the City of Americus.

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

SB 360. By Senator Steinberg of the 42nd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to authorize a trier of fact, in the exercise of sound discretion, to order an obligor to continue to provide health care or financial assistance to a child who has reached the age of majority but who is unable to provide for his or her needs or to continue to provide financial assistance to enable a child to complete his or her secondary school education or to attend a college, university, or vocational school.
Referred to the Committee on Judiciary.

SB 527. By Senator Tysinger of the 41st:
A bill to amend Code Section 36-67A-3 of the Official Code of Georgia Annotated, relating to disclosure of campaign contributions by applicants for rezoning, so as to change the provisions relating to the time limit for filing a disclosure report.
Referred to the Committee on Governmental Affairs.

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JOURNAL OF THE HOUSE,

SB 599. By Senators Walker of the 22nd, Hooks of the 14th and Albert of the 23rd:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to comprehensively revise the law relative to the training, education, and licensure of practical nurses; to provide for a short title; to provide for definitions; to provide for the composition, terms, and qualifications of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for termination.
Referred to the Committee on Health & Ecology.

SB 605. By Senators Broun of the 46th and Deal of the 49th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to authorize the withholding of lifesustaining procedures with respect to a patient in a coma or persistent vegetative state; to provide for legislative findings; to provide for and revise definitions; to revise and change the form of a living will; to revise and change conditions precedent to withholding or withdrawal of life-sustaining procedures.
Referred to the Committee on Health & Ecology.

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 1530.

By Representatives Mobley of the 64th and Twiggs of the 4th:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to abolish the State Patrol Disciplinary Board.

The following Committee substitute was read:

A BILL
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to abolish the State Patrol Disciplinary Board; to provide for administration of disciplinary actions; to provide procedures for promotions; to extend arrest powers to nonuniformed investigators; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking Code Section 35-1-6, relating to appointment of nonuniformed investigators, in its entirety and inserting in lieu thereof a new Code Section 35-1-6 to read as follows:
OO~I-D. \fl ) As tised m tins t?de section, tne tCPiTi, property owned oy t'ne~ stftte 8i9o includes property owned Dy departments^ ouresu&'j commissions, OP sutnontics of
fb) (a) The commissioner is authorized to appoint twe nonuniformed investigators who shall be certified peace officers pursuant to Chapter 8 of this title, the 'Georgia Peace Officer Standards and Training Act.' The commissioner shall determine the salaries of such investigators. The investigators shall be in the unclassified service of the State Merit System of Personnel Administration and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment as may now or hereafter be established by the State Personnel

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Board, the State Merit System of Personnel Administration, or any successor boards or agencies. The investigators shall be assigned to the Internal Affairs Section of the Department of Public Safety in the office of the commissioner at the department's headquarters complex.
{e} (b) The investigators shall have full arrest powers and shall be authorized: (1) To investigate crimes committed en property owned by anywhere in the state; (2) To arrest any person violating the criminal laws of this state e property
owned oy tnc 9t8t, (3) To serve and execute warrants e property owned by the state; (4) To enforce in general the criminal laws of this state en property owned by the
state; and (5) To carry firearms while performing their duties."
Section 2. Said title is further amended by striking subsection (b) of Code Section 35-2-36, relating to the ranking of personnel in the Uniform Division, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The personnel of the battalion shall be ranked according to a semimilitary structure with such ranks as the board shall deem appropriate, including, but not restricted to, the following:
(1) Major; (2) Captain; (3) First lieutenant; 44) Sergeant major; 46} (4) Sergeant first class; 46} (5) Sergeant; W (6) Corporal; 48) (7) Trooper first class; 49} (8) Trooper; 410} (9) Trooper cadets; and
(10) Process servers."
Section 3. Said title is further amended by striking subsection (e) of Code Section 35-2-42, relating to compensation of certain personnel of the department, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) This Code section is not intended to repeal existing law concerning the following:
(1) The authority of the board to pay certain medical expenses incurred by any member of the Georgia State Patrol or the Georgia Bureau of Investigation;
(2) The authority of the commissioner to provide uniforms and supplies to members of the Uniform Division;
(3) The requirement that board and quarters be furnished to every member of the Uniform Division on active duty; or
(4) The authorization for officers and troopers to receive a legal award offered for the apprehension of any criminal; .
(6) The State Patrol Disciplinary Board, its composition, and its responsibilities
8'fKi pl'OCCO'tt'PCS I OF PCKIOVfti Or OIItCCTS QFIQ trOOpCTS I Of
Section 4. Said title is further amended by striking Code Section 35-2-45, relating to promotions and demotions of personnel in the Uniformed Division, in its entirety and inserting in lieu thereof a new Code Section 35-2-45 to read as follows:
"35-2-45. (a) Any trooper first class of the Uniform Division of the Department of Public Safety shall be eligible for promotion to the rank of corporal, provided he has served a period of 24 12 months in the Georgia State Patrol including the period of probation.
(b) Any noncommissioned or commissioned officer shall be eligible for promotion to a higher rank, provided he has served at least one year in the preceding rank; emd pre-

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(c) Promotions to ranks of corporal through lieutenant shall be made en the basis ef merit in accordance with this Code section in accordance with the Georgia State Patrol Promotion System.
4d} Demotion from any rank- er grade snaH be heard by the State Patrol Diociplinary Board, should the member being demoted desire a hearing.
(e) Periodic performance rankings shall be made, net less than annually, ef- eachsworn mcmDcr tnrougn tne grade ot lieutenant, ranKing cacn mcmucr according te iiis relative position witnm nis post er section, fjacn supervisor snail ranii tnosc mem ocrs under his supervision."
Section 5. Said title is further amended by striking Code Section 35-2-46, relating to the term of service and grounds and procedures for discharge of certain personnel of the Department of Public Safety, in its entirety and inserting in lieu thereof a new Code Section 35-2-46 to read as follows:
"35-2-46. All the officers, troopers, communications officers, and driver driver's license examiners, except the commissioner and deputy commissioner, shall be entitled to serve until retirement; provided, however, that the commissioner or his designee may discharge any officer, trooper, communications officer, or driver driver's license examiner. This may be accomplished by preferring charges before the State Patrol Disciplinary Board appropriate division director before which whom the officer, trooper, communications officer, or driver driver's license examiner shall have an opportunity for hearing. The charges which may be preferred shall consist of one or more of the following: unfitness to perform assigned duties, insubordination, misconduct, conduct reflecting discredit on the department, commission of a felony or other crime involving moral turpitude, failure to report to work without justifiable cause, chronic absenteeism, or political activity as defined in the rules and regulations adopted pursuant to Chapter 20 of Title 45. This Code section shall not apply to persons separated from the department due to curtailment of funds or reduction in staff when the separation is in accordance with the rules and regulations of the State Merit System of Personnel Administration."
Section 6. Said title is further amended by striking Code Section 35-2-47, relating to suspension of members of the Georgia State Patrol, in its entirety and inserting in lieu thereof a new Code Section 35-2-47 to read as follows:
"35-2-47. The commissioner or his designee may suspend any officer, trooper, communications officer, or driver's license examiner from duty for cause and without pay until the hearing before the State Patrol Disciplinary Beard appropriate division director is held, where it is likely that the employee has committed a felony or other crime involving moral turpitude, or where the retention of the employee in active duty status may result in damage to property or may be detrimental or injurious to the employee, his fellow workers, persons under the employee's charge, or the general public, or in other emergency situations as defined in the rules and regulations adopted pursuant to Chapter 20 of Title 45. Pending the employee's hearing before the State P-atrel Disciplinary Board appropriate division director, the officer, trooper, communications officer, or driver driver's license examiner shall not be allowed to wear the uniform of the Georgia State Patrol or perform any duties thereof."
Section 7. Said title is further amended by striking Code Section 35-2-48, relating to the State Patrol Disciplinary Board, which reads as follows:
"35-2-48. (a) The State Patrol Disciplinary Board shall be composed of the commanding officer or his designee as chairman and six sworn members of equal or greater rank than the individual being charged appointed by the commissioner; provided, however, that, when charges are preferred against an employee of the Department of Public Safety other than a member of the Uniform Division, the State Patrol Disciplinary Board shall be composed of the commanding officer or his designee as chairman and six employees of the Department of Public Safety appointed by the commissioner. The State Patrol Disciplinary Board shall be appointed as needed and the members of such board shall serve at the pleasure of the commissioner.
(b) Any officer, trooper, communications officer, or driver license examiner who has charges preferred against him shall receive a copy thereof as soon as practicable.

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(c) The hearing before the disciplinary board must be held on a date which provides the employee with at least five calendar days' and not more than 30 calendar days' advance written notice of the hearing except as otherwise provided in the rules and regulations of the State Personnel Board.
(d) The hearing before the disciplinary board shall be informal and rules of evidence shall not apply. The disciplinary board is authorized to consider any information that may be presented to it by oral or written means. The officer, trooper, communications officer, or driver license examiner shall be given an opportunity to present to the disciplinary board any information which he desires the disciplinary board to consider.
(e) The disciplinary board shall, after considering the information presented to it, make a recommendation to the commissioner as to what action shall be taken. This recommendation shall in no way bind the commissioner. The commissioner's decision shall be final and there shall be no appeal therefrom within the department.", in its entirety.
Section 8. 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 1530 as follows:
By striking lines 11 & 12 page 2 and inserting in lieu thereof the following:
"{e) (b) The investigators shall have full arrest powers in cases involving internal affairs and in such cases shall be authorized:"

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

The Speaker Pro Tern assumed the Chair.

HB 1523.

By Representatives Poston of the 2nd, Simpson of the 70th and Cauthorn of the 20th:
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 assault against persons under psychotherapeutic care.

The following Committee substitute was read and adopted:

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 assault against persons under psychotherapeutic care; to provide for a definition; to provide for a criminal penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking Code Section 16-6-5.1, relating to sexual assault

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against persons in custody, and inserting in its place a new Code Section 16-6-5.1 to read as follows:
"16-6-5.1. (a) As used in this Code section, the term: (1) 'Actor' means a person accused of sexual assault. (2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts
of a person. (3) 'Psychotherapy' means the professional treatment or counseling of a mental or
emotional illness, symptom, or condition. {3} (4) 'Sexual contact' means any contact for the purpose of sexual gratification
of the actor with the intimate parts of a person not married to the actor. (b) A probation or parole officer^ or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than three years. (c) (1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is:
(A) In the custody of law; or (B) Detained in or is a patient in a hospital or other institution. (2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling. (3) Consent of the victim shall not be a defense to a prosecution under this subsection. (4) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than one nor more than three years."
Section 2. This Act shall become effective on July 1, 1992.
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 Abernathy Y Adams Y Aiken Y Alford
Y Ashe Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates
Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Y Breedlove

Y Brooks Y Brown Y Brush Y Buck Y Buckner
Byrd
Y Campbell Canty
Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Y Clark.L Y Coker
Y Coleman Y Colwell
Connell

Y Culbreth
Y Cummings,B Cummings,M
Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Y Dover Dunn Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden
Goodwin

E Green
Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson
Herbert Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones

Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B McKinney.C

THURSDAY, FEBRUARY 20, 1992

1169

Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody
Morsberger Y Mouitrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham

Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A
Y Powell.C Y Presley Y Purcell
Randall

YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Smith.P Y Smith.T Y Smith,W
Y Smyre

Y Snow Y Stancil.F Y Stancil.S
Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond
Y Titus Y Tolbert
Townsend Y Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Wilder
Y Williams.B Y Williarns.J Y Williams.R
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.

By unanimous consent, HB 1523 was ordered immediately transmitted to the Senate.

Representatives Morsberger of the 62nd and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 778. By Representative Colwell of the 4th:
A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Athens, Clarke County, Georgia; Macon, Bibb County, Georgia; Mouitrie, Colquitt County, Georgia; Thomasville, Thomas County, Georgia; and Tifton, Tift 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 Abernathy
Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush Y Buck Y Buckner
Byrd

Y Campbell
Canty Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E
Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Dobbs
Y Dover Dunn
Y Edwards

Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden
Goodwin E Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard
Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long Lord Lucas Y Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam

Mills Y Mobley
Y Moody Y Morsberger Y Mouitrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall

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Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selraan Y Sherrill Y Simpson
Y Sinkfield

Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre Y Snow Y Stancil.F
Y Stancil.S

Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond
Y Titus

Y Tolbert Townsend
Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J
Walker.L
Y Wall

Watson Y Watts
White Wilder Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 139, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Mills of the 20th and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HR 915. By Representatives White of the 132nd, Cummings of the 134th, Chambless of the 133rd, Lord of the 107th, Brooks of the 34th and others:
A resolution honoring Captain Willie Pitts, Jr., and inviting him to appear before the House of Representatives.

The Speaker assumed the Chair.

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 1813. By Representatives Coleman of the 118th, Hanner of the 131st, Twiggs of the 4th, Parrish of the 109th and Parham of the 105th:
A bill to amend Code Section 40-14-2 of the Official Code of Georgia Annotated, relating to permits for the use of speed detection devices by law enforcement officers, so as to provide that use of speed detection devices shall not be authorized and no permits shall be issued or remain in effect under certain conditions.
Referred to the Committee on Public Safety.

HB 1832. 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 composition of the commissioner districts from which members of the Board of Commissioners of Morgan County are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1833. By Representative Stancil of the 66th:
A bill to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition of and reapportion the education districts from which members of the board of education are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 20, 1992

1171

HB 1834. By Representatives Porter of the 119th, Blitch of the 150th, Coleman of the 118th, Royal of the 144th, Carter of the 146th and others:
A bill to amend Code Section 48-5-7.5 of the Official Code of Georgia Annotated, relating to assessment and taxation of standing timber, so as to change the conditions under which certain timber sales and harvests are and are not taxable.
By unanimous consent, HB 1834 was ordered engrossed.
Referred to the Committee on Ways & Means.

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

HB 968. By Representative Martin of the 26th:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to authorize the withholding of lifesustaining procedures with respect to a patient in a coma or persistent vegetative state.

The following Committee substitute was read:

A BILL
To amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to authorize the withholding of life-sustaining procedures with respect to a patient in a coma or persistent vegetative state; to provide for legislative findings; to provide for and revise definitions; to revise and change the form of a living will; to revise and change conditions precedent to withholding or withdrawal of life-sustaining procedures; to change certain provisions regarding the preparation or providing of forms for living wills; to provide for the effect of said chapter on other legal rights 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. Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking Code Section 31-32-1, relating to legislative findings, and inserting in its place a new Code Section 31-32-1 to read as follows:
"31-32-1. (a) The General Assembly finds that modern medical technology has made possible the artificial prolongation of human life.
(b) The General Assembly further finds that, in the interest of protecting individual autonomy, such prolongation of life for persons with a terminal condition, a coma, or a persistent vegetative state may cause loss of patient dignity and unnecessary pain and suffering, while providing nothing medically necessary or beneficial to the patient.
(c) The General Assembly further finds that there exists considerable uncertainty in the medical and legal professions as to the legality of terminating the use of lifesustaining procedures in certain situations.
(d) In recognition of the dignity and privacy which patients have a right to expect, the General Assembly declares that the laws of the State of Georgia shall recognize the right of a competent adult person to make a written directive, known as a living will, instructing his physician to withhold or withdraw life-sustaining procedures in the event of a terminal condition a coma, or a persistent vegetative state."
Section 2. Said chapter is further amended by striking Code Section 31-32-2, relating to definitions regarding living wills, and inserting in its place a new Code Section 31-32-2 to read as follows:
"31-32-2. As used in this chapter, the term:

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(1) 'Attending physician' means the physician who has been selected by or assigned to the patient and who has assumed primary responsibility for the treatment and care of the patient; provided, however, that if the physician selected by or assigned to the patient to provide such treatment and care directs another physician to assume primary responsibility for such care and treatment, the physician who has been so directed shall, upon his or her assumption of such responsibility, be the 'attending physician.'
(2) 'Coma' means a profound state of unconsciousness caused by disease, injury, poison, or other means and for which it has been determined that there exists no reasonable expectation of regaining consciousness. The procedure for establishing a coma is as follows: two physicians, one of whom must be the attending physician, who, after personally examining the declarant, shall certify in writing, based upon conditions found during the course of their examination, that:
(A) The declarant has been in a profound state of unconsciousness for a period of time sufficient for the declarant's physicians to conclude that the unconscious state will continue; and
(B) There exists no reasonable expectation that the declarant will regain consciousness. (3) (3) 'Competent adult' means a person of sound mind who is 18 years of age or older. {3) (4) 'Declarant' means a person who has executed a living will authorized by this chapter. (4) (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} (6) 'Life-sustaining procedures' means any medical procedures or interventions, which, when applied to a patient in a terminal condition or in a coma or persistent vegetative state with no reasonable expectation of regaining consciousness or significant cognitive function, would serve only to prolong the dying process and where, in the judgment of the attending physician and a second physician, death will occur whether or net without such procedures or interventions are utilized. The term 'lifesustaining procedures' shall net may include tne following: 2 at the option of the declarant, the provision of nourishment and hydration, but shall not include the administration of medication to alleviate pain or the performance of any medical procedure deemed necessary to alleviate pain.
{A) Nourishment; er (B) The administration ef medication te alleviate pain er the performance ef any medical procedure deemed necessary te alleviate pain. {6} (7) 'Living will' means a written document voluntarily executed by the declarant in accordance with the requirements of Code Section 31-32-3 or 31-32-4.
f?) (8) 'Patient' means a person receiving care or treatment from a physician.
(9) 'Persistent vegetative state' means a state of severe mental impairment in which only involuntary bodily functions are present and for which there exists no reasonable expectation of regaining significant cognitive function. The procedure for establishing a persistent vegetative state is as follows: two physicians, one of whom must be the attending physician, who, after personally examining the declarant, shall certify in writing, based upon conditions found during the course of their examination, that:
(A) The declarant's cognitive function has been substantially impaired; and
(B) There exists no reasonable expectation that the declarant will regain significant cognitive function.
48) (10) 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43.
{9} (11) 'Skilled nursing facility' means a facility having a valid permit or provisional permit issued under Chapter 7 of this title and which provides skilled nursing

THURSDAY, FEBRUARY 20, 1992

1173

care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis.
{iff) (12) 'Terminal condition' means incurable condition caused by disease, illness, or injury which, regardless of the application of life-sustaining procedures, would produce death. The procedure for establishing a terminal condition is as follows: two physicians2 one of whom must be the attending physician, who, after personally examining the declarant, shall certify in writing, based upon conditions found during the course of their examination that:
(A) There is no reasonable expectation for improvement in the condition of the declarant; and
(B) Death of the declarant from these conditions is imminent will occur."
Section 3. Said chapter is further amended by striking subsection (b) of Code Section 31-32-3, relating to the execution and form of a living will, and inserting in its place a new subsection (b) to read as follows:
"(b) The declaration shall be a document, separate and self-contained. A declaration
subsection. A declaration executed en ef after March 28; 1086, in substantially the form specified by prior tew shall be valid aftd effective, except that the paragraph limiting the
declaration shall be substantially as follows: Any declaration which constitutes an expression of the declarant's intent shall be honored, regardless of the form used or when executed. Declarations executed on or after March 18, 1986, shall be valid indefinitely unless revoked. A declaration similar to the following form or in substantially the form specified under prior law shall be presumed on its face to be valid and effective:
'LIVING WILL
Living will made this ________ day of ___________ (month, year). I, ___________________, being of sound mind, willfully and voluntarily make known my desire that my life shall not be prolonged under the circumstances set forth below and do declare:
1. If at any time I should (check each option desired): (_) have a terminal condition2 ( ) become in a coma with no reasonable expectation of regaining conscious-
ness, or ( ) become in a persistent vegetative state with no reasonable expectation of
regaining significant cognitive function, as defined in and established in accordance with the procedures set forth in paragraph paragraphs (2), (9), and (10) of Code Section 31-32-2 of the Official Code of Georgia Annotated, I direct that the application of life-sustaining procedures to my body (check the option desired):
( ) including nourishment and hydration, ( ) including nourishment but not hydration, ( ) including hydration but not nourishment, or ( ) excluding nourishment and hydration, be withheld or withdrawn and that I be permitted to die; 2. In the absence of my ability to give directions regarding the use of such lifesustaining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal; 3. I understand that I may revoke this living will at any time; 4. I understand the full import of this living will, and I am at least 18 years of age and am emotionally and mentally competent to make this living will; and 5. If I am a female and I have been diagnosed as pregnant, this living will shall have no force and effect during the course ef y pregnancy unless the fetus is not

1174

JOURNAL OF THE HOUSE,

viable and I indicate by initialing after this sentence that I want this living will to be carried out.______________(Initial)
Signed ___________________ JCity), __________________(County), and (State of Residence). I hereby witness this living will and attest that: (1) The declarant is personally known to me and I believe the declarant to be at least 18 years of age and of sound mind; (2) I am at least 18 years of age; (3) To the best of my knowledge, at the time of the execution of this living will, I: (A) Am not related to the declarant by blood or marriage; (B) Would not be entitled to any portion of the declarant's estate by any will or by operation of law under the rules of descent and distribution of this state; (C) Am not the attending physician of declarant or an employee of the attending physician or an employee of the hospital or skilled nursing facility in which declarant is a patient; (D) Am not directly financially responsible for the declarant's medical care; and (E) Have no present claim against any portion of the estate of the declarant; (4) Declarant has signed this document in my presence as above-instructed, on the date above first shown.
Witness _______________ Address ______________________
Witness ______________________ Address ___________________ Additional witness required when living will is signed in a hospital or skilled nursing facility. I hereby witness this living will and attest that I believe the declarant to be of sound mind and to have made this living will willingly and voluntarily. Witness: __________________
Medical director of skilled nursing facility or staff physician not participating in care of the patient or chief of the hospital medical staff or staff physician not participating in care of the patient.'"
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 31-32-8, relating to conditions precedent to withholding or withdrawal of lifesustaining procedures, and inserting in its place a new subsection (a) to read as follows:
"(a) Prior to effecting a withholding or withdrawal of life-sustaining procedures from a patient pursuant to a living will, the attending physician:
(1) Shall determine that, to the best of his knowledge, the declarant patient is not pregnantj or if she iSj that the fetus is not viable and that the declarant's living will specifically indicates that the living will is to be carried out;
(2) Shall, without delay after the diagnosis of a terminal condition of the declarant, take the necessary steps to provide for the written certification required by sm4 physician Code Section 31-32-2 of the declarant's terminal condition2 coma, or persistent vegetative state;
(3) Shall make a reasonable effort to determine that the living will complies with subsection (b) of Code Section 31-32-3; and
(4) Shall make the living will and the written certification of the terminal condition, coma, or persistent vegetative state a part of the declarant patient's medical records."

THURSDAY, FEBRUARY 20, 1992

1175

Section 5. Said chapter is further amended by striking subsection (d) of Code Section 31-32-9, relating to applicability of living wills with respect to suicide, insurance, and certain health care facilities, and inserting in its place a new subsection (d) to read as follows:
"(d) No hospital, skilled nursing facility, or other medical or health care facility shall prepare; or offer to prepare^ er otherwise provide forms for living wills unless specifically requested to do so by a person desiring to execute a living will."
Section 6. Said chapter is further amended by striking subsection (c) of Code Section 31-32-11, relating to the effect of said chapter on other legal rights and duties, and inserting in its place new subsections (c) and (d) to read as follows:
"(c) This chapter shall create no presumption concerning the intention of an individual who has not executed a declaration to consent to the use or withholding of lifesustaining procedures in the event of a terminal condition2 a coma, or a persistent vegetative state.
(d) Unless otherwise specifically provided in a durable power of attorney for health care, a declaration under this chapter is ineffective and inoperative as long as there is an agent available to serve pursuant to a durable power of attorney executed in accordance with the provisions of Chapter 36 of this title, the 'Durable Power of Attorney for Health Care Act,' which grants the agent authority with respect to the withdrawal or withholding of life-sustaining or death-delaying treatment under the same circumstances as those covered by a declaration under this chapter."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Cheeks of the 89th moves to amend the Committee substitute to HB 968 as follows:
By removing lines 12 & 13 from pp. 7.

The following amendment was read:

Representative Thomas of the 69th moves to amend the Committee substitute to HB 968 as follows:
Page 5 line 29 delete the words "will occur."
And add the words "is imminent."

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

N Abernathy Y Adams Y Aiken Y Alford
N Ashe Y Atkins N Baker
Balkcom N Barfoot
Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty

N Benefield N Birdsong N Blitch Y Bordeaux
N Bostick N Branch N Breedlove N Brooks Y Brown Y Brush N Buck Y Buckner
Byrd Y Campbell

Y Canty Y Carrell N Carter N Cauthorn
Y Chafin N Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L N Coker Y Coleman Y Colwell Y Connell

Y Culbreth Cummings.B Cummings.M
N Davis,D
Y Davis.G Y Davis.M N Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton

Fennel Y Floyd.J.M Y Floyd,J.W N Flynt
N Godbee N Golden
Goodwin E Green Y Greene Y Griffin N Groover Y Hamilton N Hammond Y Hanner

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JOURNAL OF THE HOUSE,

Y Harris.B N Harris,.! Y Heard N Henson N Herbert Y Holland
N Holmes
Y Howard Y Hudson N Irwin N Jackson Y Jamieson Y Jenkins N Jones Y Kilgore N King Y Kingston Y Klein Y Ladd
N Lane.D
N Lane.R Langford

Y Lawrence N Lawson Y Lee Y Long
Lord N Lucas
Y Mann
N Martin N McBee Y McCoy Y McKelvey N McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam N Mills N Mobley Y Moody
N Morsberger
Y Moultrie Y Mueller

Y Oliver.C N Oliver.M N Orr N Orrock
Padgett Parham
Parrish
N Patten N Pelote N Perry
Pettit N Pinholster N Pinkston Y Poag N Porter N Poston
Powell.A Y Powell.C Y Presley
Y Purcell
N Randall Y Ray

Y Reaves N Redding Y Ricketson Y Royal N Selman N Sherrill
N Simpson
N Sinkfield N Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow N Stancil.F Y Stancil.S N Stanley N Streat
N Taylor
N Teper Y Thomas.C

N Thomas.M N Thomas.N
Thurmond Y Titus Y Tolbert N Townsend
N Turnquest
Y Twiggs N Valenti Y Vaughan Y Walker.J
Walker.L N Wall Y Watson Y Watts N White N Wilder Y Williams.B N Williams.J
Y Williams.R
N Yeargin Murphy.Spkr

On the adoption of the amendment, the ayes were 84, nays 75. The amendment was adopted.

The following amendment was read and adopted:
Representatives Smith of the 152nd and Brush of the 83rd move to amend the Committee substitute to HB 968 as follows:
On page 5 - line 8 insert a new
"(11) 'Reasonable expectation' means the result of prudent judgement made on the basis of the medical judgement of the attending physician.
And renumber the existing paragraph (11) and paragraph (12) accordingly.

The following amendment was read:

Representatives Moultrie of the 93rd and Smith of the 152nd move to amend the Committee substitute to HB 968 as follows:
Page -9- line 36 delete the comma after the word "pregnant" and add a "semicolon" after the word pregnant.
Page -10- lines 1, 2, and 3 delete the words "or if she is, that the fetus is not viable and that the declarant's Living Will specifically indicates that the Living Will is to be carried out;".

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

Y Abernathy Y Adams N Aiken
Alford N Ashe N Atkins N Baker
Balkcom N Barfoot
N Bargeron
N Barnett.B
Barnett.M N Bates

Y Beatty N Benefield N Birdsong
Blitch N Bordeaux N Bostick Y Branch Y Breedlove N Brooks
Y Brown
Y Brush
N Buck Y Buckner

Byrd Campbell Y Canty Y Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks
Y Childers
Y Clark.E
Y Clark.L N Coker

Coleman Y Colwell Y Connell N Culbreth
Cummings.B Cumraings.M N Davis.D N Davis.G Y Davis.M
N Dixon.H
Y Dixon,S
Dobbs Y Dover

N Dunn N Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd.J.W N Flynt N Godbee
N Golden
Goodwin
E Green Y Greene

THURSDAY, FEBRUARY 20, 1992

1177

Y Griffin N Groover Y Hamilton N Hammond Y Manner Y Harris.B N Harris.J Y Heard N Henson
N Herbert Y Holland N Holmes
Y Howard N Hudson N Irwin N Jackson N Jamieson Y Jenkins Y Jones Y Kilgore
N King Y Kingston Y Klein

YLadd N Lane.D Y Lane.R Y Langford Y Lawrence N Lawson NLee Y Long
Lord N Lucas YMann N Martin
N McBee Y McCoy Y McKelvey N McKinney.B N McKinney.C
Y Meadows Y Merritt N Milam N Mills Y Mobley
Moody

Y Morsberger Y Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr N Orrock N Padgett Y Parham Y Parrish N Patten N Pelote N Perry
Pettit Y Pinholster Y Pinkston YPoag
Porter N Poston Y Powell.A Y Powell.C
Y Presley Y Purcell

N Randall
YRay Y Reaves N Redding Y Ricketson Y Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper Y Smith.L Y Smith.P Y Smith.T N Smith.W
Smyre N Snow N Stancil.F Y Stancil.S N Stanley Y Streat N Taylor
N Teper

On the adoption of the amendment, the ayes were 78, nays 82. The amendment was lost.

Y Thomas.C N Thomas,M N Thomas.N N Thurmond Y Titus Y Tolbert
N Townsend N Turnquest Y Twiggs N Valenti N Vaughan N WalkerJ
Walker.L N Wall Y Watson Y Watts N White N Wilder Y Williams.B Y Williams.J Y Williams.R
N Yeargin Murphy,Spkr

Representative Moultrie of the 93rd moved that the House reconsider its action in failing to adopt the Moultrie - Smith amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken Y Alford
N Ashe Y Atkins N Baker
Balkcom N Barfoot N Bargeron N Barnett.B
Barnett.M
N Bates Y Beatty N Benefield
N Birdsong N Blitch N Bordeaux N Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush
NBuck N Buckner
Byrd Campbell
Y Canty Carrell
N Carter N Cauthorn Y Chafin N Chambless Y Cheeks Y Childers

Y Clark.E
Y Clark.L N Coker Y Coleman Y Colwell Y Connell N Culbreth Y Cummings,B
Cummings.M N Davis,D N Davis.G Y Davis.M
N Dixon.H Y Dixon.S
Dobbs Y Dover N Dunn N Edwards Y Elliott
Felton Y Fennel
Y Floyd.J.M Y Floyd.J.W N Flynt N Godbee N Golden
Goodwin E Green Y Greene Y Griffin N Groover Y Hamilton N Hammond Y Hanner Y Harris.B N Harris.J

Y Heard N Henson N Herbert Y Holland N Holmes Y Howard N Hudson N Irwin
N Jackson N Jamieson Y Jenkins Y Jones Y Kilgore N King Y Kingston Y Klein
YLadd N Lane.D
Y Lane.R Y Langford
Y Lawrence N Lawson NLee Y Long
Lord N Lucas Y Mann N Martin
N McBee Y McCoy Y McKelvey N McKinney.B N McKinney.C Y Meadows
N Merritt Y Milam

On the motion, the ayes were 83, nays 83. The motion was lost.

N Mills Y Mobley
Moody N Morsberger Y Moultrie Y Mueller
Y Oliver.C N Oliver.M
NOrr N Orrock Y Padgett Y Parham Y Parrish N Patten N Pelote N Perry Y Pettit
Y Pinholster N Pinkston YPoag N Porter N Poston Y Powell.A Y Powell.C Y Presley Y Purcell N Randall
Y Ray Y Reaves
N Redding Y Ricketson Y Royal N Selman N Sherrill
N Simpson N Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T N Smith.W
Smyre N Snow N Stancil.F Y Stancil.S N Stanley Y Streat N Taylor N Teper Y Thomas.C N Thomas.M N Thomas.N N Thurmond
Y Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan N Walker.J N Walker.L N Wall
Y Watson Y Watts N White N Wilder Y Williams.B Y Williams.J Y Williams.R
N Yeargin Murphy.Spkr

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JOURNAL OF THE HOUSE,

The following amendment was read:

Representatives Moultrie of the 93rd and Smith of the 152nd move to amend the Committee substitute to HB 968 as follows:
Page 8 - Lines - 4, 5, 6 and 7 delete the words "unless the fetus is not viable and I indicate by initialing after this sentence that I want this Living Will to be carried out. ___________________________(Initial)"
And add on line 3 after the word "effect" - the words "during the course of my pregnancy."

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

N Abernathy Y Adams Y Aiken
Y Alford N Ashe Y Atkins N Baker
Balkcom N Barfuot N Bargeron N Barnett.B
Barnett.M N Bates
Y Beatty N Benefield N Birdsong N Blitch N Bordeaux
Bostick Y Branch
Y Breedlove N Brooks Y Brown Y Brush N Buck N Buckner
Byrd
Campbell Y Canty Y Carrell N Carter N Cauthorn Y Chafin N Chambless
Y Cheeks Y Childers

Y Clark.E Y Clark.L N Coker Y Coleman
Colwell Y Connell N Culbreth Y Cummings,B
Cummings.M N Davis.D N Davis.G Y Davis.M N Dixon.H Y Dixon.S
Dobbs Y Dover N Dunn N Edwards
Y Elliott Felton
Y Fennel Y Floyd.J.M Y Floyd.J.W
N Flynt N Godbee N Golden
Goodwin E Green
Y Greene Y Griffin N Groover Y Hamilton N Hammond Y Manner Y Harris.B N Harris.J

Y Heard N Henson N Herbert Y Holland N Holmes Y Howard N Hudson N Irwin N Jackson N Jamieson Y Jenkins Y Jones Y Kilgore
N King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence N Lawson
NLee YLong
Lord N Lucas YMann
N Martin N McBee Y McCoy Y McKelvey N McKinney.B N McKinney.C Y Meadows N Merritt
Milam

N Mills
Y Mobley Moody
N Morsberger
Y Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett Y Parham Y Parrish N Patten N Pelote N Perry
N Pettit Y Pinholster
Y Pinkston YPoag N Porter N Poston
Y Powell,A Y Powell.C Y Presley Y Purcell N Randall
YRay N Reaves N Redding Y Ricketson Y Royal N Selman N Sherrill N Simpson N Sinkfield

N Skipper Y Smith.L Y Smith.P Y Smith.T
N Smith.W Smyre
N Snow
N Stancil.F Y Stancil.S N Stanley Y Streat N Taylor N Teper
Y Thomas.C N Thomas.M N Thomas.N N Thurmond Y Titus Y Tolbert N Townsend
N Turnquest Y Twiggs N Valenti Y Vaughan N Walker,J
N Walker.L N Wall Y Watson Y Watts N White N Wilder Y Williams.B Y Williams,J Y Williams.R N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 81, nays 83. The amendment was lost.

Representative Smith of the 152nd moved that the House reconsider its action in failing to adopt the Moultrie - Smith amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken Y Alford
N Ashe Y Atkins N Baker

Balkcom N Barfoot N Bargeron N Barnett.B Y Barnett.M
N Bates Y Beatty

N Benefield N Birdsong N Blitch N Bordeaux N Bostick Y Branch Y Breedlove

N Brooks Y Brown Y Brush NBuck N Buckner
Byrd Campbell

Y Canty Y Carrell
N Carter N Cauthorn N Chafin
N Chambless Y Cheeks

THURSDAY, FEBRUARY 20, 1992

1179

Y Childers Y Clark.E Y Clark.L N Coker Y Coleman
Colwell Y Connell N Culbreth Y Cummings.B
Cummings,M N Davis.D N Davis.G Y Davis.M N Dixon.H Y Dixon,S
Dobbs Y Dover N Dunn
N Edwards Y Elliott N Felton Y Fennel Y Floyd.J.M Y Floyd.J.W N Flynt N Godbee N Golden
Goodwin E Green

Greene Y Griffin N Groover
Y Hamilton N Hammond Y Hanner Y Harris.B N HarrisJ Y Heard
N Henson N Herbert Y Holland
N Holmes Y Howard N Hudson N Irwin
N Jackson N Jarnieson Y Jenkins Y Jones Y Kilgore N King Y Kingston Y Klein Y Ladd N Lane.D Y Lane.R Y Langford Y Lawrence

N Lawson NLee YLong N Lord
Lucas Y Mann N Martin N McBee Y McCoy N McKelvey N McKinney.B N McKinney.C
Y Meadows Y Merritt
Milam
N Mills Y Mobley
Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett Y Parham N Parrish N Patten

On the motion, the ayes were 77, nays 89. The motion was lost.

N Pelote N Perry N Pettit N Pinholster N Pinkston YPoag N Porter N Poston Y Powell.A
Y Powell.C Y Presley Y Purcell N Randall Y Ray Y Reaves N Redding Y Ricketson
Y Royal N Selman N Sherrill N Simpson N Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T N Smith,W
Smyre N Snow

N Stancil.F Y Stancil.S N Stanley Y Streat N Taylor N Teper Y Thomas.C N Thomas.M N Thomas.N N Thurmond Y Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan
N WalkerJ N Walker.L N Wall N Watson Y Watts N White N Wilder Y Williams.B Y Williams.J
Y Williams.R N Yeargin
Murphy,Spkr

The following amendment was read and withdrawn:

Representative Martin of the 26th moves to amend the Committee substitute to HB 968 as follows:
By adding at the end of the quoted material in Section 2 on line 29 page 5.
"(13) 'Reasonable expectation' means the end result of prudent judgment made on the basis of the medical judgment of a physician".

The following amendment was read and adopted:

Representative Martin of the 26th moves to amend the Committee substitute to HB 968 as follows:
By adding after the period on line 26 of page 10 the following:
"For purposes of this Article, a person in the custody of the Department of Corrections shall not be deemed to be a patient within the meaning of this Article, nor shall a correctional facility be deemed to be a hospital, skilled nursing facility, nor any other medical or health care facility."

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 Abernathy N Adams Y Aiken

Y Alford Y Ashe Y Atkins

Y Baker Balkcom
Y Barfoot

Y Bargeron Y Barnett.B
Barnett.M

Y Bates
N Beatty Y Benefield

1180
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Ohafin Y" Chamhless N Cheeks N Childers N Clark, K N Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y' Cummings,B
Cummings.M Y Davis.D N Davis.G N Davis.M

JOURNAL OF THE HOUSE,

Y Dixcm.H Y Dixon.S
Dobbs N Dover Y Dunn Y Edwards N Elliott Y Felton Y' Fennel Y Floyd.J.M N Flovd.J.W Y Flynt Y Godbee Y Golden
Goodwin F, Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J N Heard Y Henson Y Herbert N Holland Y Holmes Y Howard Y Hudson Y Irwin Y .Jackson

Y Jamieson N Jenkins Y Jones Y Kilgore YKing N Kingston N Klein N Ladd Y Lane.D Y Lane.R
Langford N Lawrence Y Lawson Y Lee N Long Y Lord Y Lucas N Mann Y Martin Y McBee Y' McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills N Mobley
Moody YT Morsberger N Moultrie N Mueller

N Oliver.C Y Oliver.M YOrr Y Orrock N Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston N Poag Y Porter Y Poston N Powell.A Y Powell.C N Presley Y Purceli Y Randall N Ray Y Reaves Y Redding N Ricketson N Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L N Smith.P

Y Smith,"!'
Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y' Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond N Titus N Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan Y Walker,.! Y Walker.L Y Wall Y Watson N Watts Y White Y Wilder N Williams.B Y Williams,.] N Williams.R \' Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 130, nays 40.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 968 was ordered immediately transmitted to the Senate.

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 884 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 884. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A resolution commending the Walker County Young Farmers Chapter and inviting them to appear before the House of Representatives.

The following Resolutions were read and adopted:

THURSDAY, FEBRUARY 20, 1992

1181

HR 916. By Representatives Coleman of the 118th and Lord of the 107th: A resolution recognizing and commending Mr. Fred Arnold.

HR 917. By Representatives Coleman of the 118th, Branch of the 137th and Byrd of the 153rd:
A resolution commending Mr. Dave Billing.

HR 918. By Representative Coleman of the 118th: A resolution commending Richard D. Osmus.

HR 919. By Representatives Adams of the 79th and Flynt of the 75th: A resolution commending Mr. Daniel Roberts and Ms. Elaine Mangham.

HR 920. By Representative Padgett of the 86th: A resolution commending Robyn Maurice Hatley, M.D.

HR 921. By Representative Padgett of the 86th: A resolution commending Charles G. Howell, M.D.

HR 922. By Representative Harris of the 84th: A resolution honoring Mrs. Ruby Mae Cummings.

HR 923. By Representatives McKinney of the 40th, Canty of the 38th, Thomas of the 31st, Davis of the 29th, Holmes of the 28th and others:
A resolution recognizing the Advisory Committee on Minority Business Enterprise.

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

HB 1657.

By Representative Hanner of the 131st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to make certain provisions relative to certain boards and bodies; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

1182

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, is amended by striking Code Section 21-2-3, relating to definitions and descriptions regarding congressional districts, and inserting in its place a new Code Section 21-2-3 to read as follows:
"21-2-3. For purposes of this article: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia.
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area, established in accordance with Article 7 of this chapter, within which all electors vote at one polling place.
(3) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1990 for the State of Georgia.
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any congressional district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control.
(5) Any part of the State of Georgia which is described in this Code section as being included in a particular congressional district shall nevertheless not be included within such congressional district if such part is not contiguous to such congressional district. Such noncontiguous part shall instead be included within that congressional district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said article is further amended by striking Code Section 21-2-4, relating to the composition of congressional districts, and inserting in its place a new Code Section 21-2-4 to read as follows:
"21-2-4. (a) The state is divided into 11 congressional districts, each of which is entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided in this subsection.
District: I
SCREVEN COUNTY JENKINS COUNTY BULLOCH COUNTY EFFINGHAM COUNTY CANDLER COUNTY TOOMBS COUNTY TATTNALL COUNTY EVANS COUNTY CHATHAM COUNTY BRYAN COUNTY LIBERTY COUNTY LONG COUNTY WAYNE COUNTY MCINTOSH COUNTY PIERCE COUNTY GLYNN COUNTY BRANTLEY COUNTY CAMDEN COUNTY
District: 2
TALBOT COUNTY

THURSDAY, FEBRUARY 20, 1992

1183

TAYLOR COUNTY PEACH COUNTY MARION COUNTY CHATTAHOOCHEE COUNTY MACON COUNTY SCHLEY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY CRISP COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY LEE COUNTY TURNER COUNTY WORTH COUNTY CLAY COUNTY DOUGHERTY COUNTY CALHOUN COUNTY TIFT COUNTY EARLY COUNTY BAKER COUNTY MITCHELL COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY LOWNDES COUNTY
VTD: 0005 GARDEN CENTER VTD: 0007 LOMAX-PINEVALE VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0019 CRAIG RECREATION CENTER MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0042 3B1 FORT BENNING
District: 3
FAYETTE COUNTY COWETA COUNTY

1184

JOURNAL OF THE HOUSE,

SPALDING COUNTY MERIWETHER COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY JONES COUNTY UPSON COUNTY HARRIS COUNTY CRAWFORD COUNTY BALDWIN COUNTY
VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 319D, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D,
331, 332B, 336B, 402
Tract: 9703.
Block(s): 214C, 220E, 225B, 226B
Tract: 9704.
Block(s): 101B
VTD: 0003 WEST BALDWIN 319 VTD: 0004 EAST MILLEDGEVILLE 320E (Part)
Tract: 9702. Block(s): 335, 336A, 505, 507, 508, 509, 510, 511, 512, 513, 514, 518, 519, 520, 521, 522, 523
VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 140A, 201A, 201B, 217A, 218A, 219, 220, 221, 222A, 223, 224, 312A, 313, 314A, 315, 316, 317, 401A, 402, 404A, 405, 406, 407, 408, 415A, 416, 417, 418A, 420A, 422, 423, 501A, 501B, 502, 503A, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518
VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N VTD: 0008 SOUTH MILLEDGEVILLE 320S VTD: 0009 WEST HARDWICK 321W (Part)
Tract: 9706. Block(s): 102A, 103, 104, 105, 106A, 107A, 108, 109, 110, 111, 201A, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218
Tract: 9708. Block(s): 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 231
VTD: 0010 CMC 320G (Part) Tract: 9705. Block(s): 137, 138 Tract: 9706. Block(s): 102B, 106B, 107B, 201B
Tract: 9707.
Block(s): 106, 107, 108, 109, 110, 111, 115, 116, 128, 131, 138, 139, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 310B, 311B, 312B, 314B, 401B, 403, 404B, 404C, 409, 410, 411, 412, 413, 414, 415B, 418B, 419, 420B, 421, 426, 427, 428, 501C, 503B, 515B, 516, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 549, 550
VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H
VTD: 0012 FIRST CHRISTIAN CHURCH 320C
VTD: 0013 SCOTTSBORO 1714 (Part)

THURSDAY, FEBRUARY 20, 1992

1185

Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302
CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 VTD: 0005 FOREST PARK 4 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910, 911, 912 VTD: 0025 PAN HANDLE VTD: 0031 RIVERDALE 6 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11
HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0050 SANDY RIDGE VTD: 0055 SHAKERAG VTD: 0060 SIXTH VTD: 0065 STOCKBRIDGE VTD: 0075 TUSSAHAW
MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD
VTD: 0016 GENTIAN
VTD: 0017 BRITT DAVID
VTD: 0018 BLANCHARD
VTD: 0019 REESE ROAD
VTD: 0020 MORNINGSIDE

1186

JOURNAL OF THE HOUSE,

VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B VTD: 0041 3B FORT BENNING
District: 4
ROCKDALE COUNTY DEKALB COUNTY
VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0040 EMBRY HILLS VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0043 EVANSDALE VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0057 HUNTLEY HILLS VTD: 0058 IDLEWOOD VTD: 0061 JOHNSON ESTATES

THURSDAY, FEBRUARY 20, 1992

1187

VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0090 NANCY CREEK VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAC PINE LAKE VTD: OOAD PLEASANTDALE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: OOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAX SILVER HILL VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBU WARREN VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA FULTON COUNTY VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D GWINNETT COUNTY VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F
VTD: 0009 405G
VTD: 0010 408A
VTD: 0011 408B
VTD: 0012 408C
VTD: 0013 408D

1188

JOURNAL OF THE HOUSE,

VTD: 0014 408E VTD: 0015 408F VTD: 0016 408G VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0028 407A VTD: 0029 407B VTD: 0030 407C VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0039 406F VTD: 0040 406G VTD: 0042 4061 VTD: 0043 406J VTD: 0045 571A VTD: 0050 405H VTD: 0051 408H VTD: 0053 1263D VTD: 0054 1578D VTD: 0055 407D VTD: 0056 407E VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0064 4051 VTD: 0065 4081 VTD: 0066 408J VTD: 0068 407F VTD: 0069 544E VTD: 0070 406P VTD: 0071 406Q VTD: 0072 571C VTD: 0073 408K VTD: 0075 406R VTD: 0076 57 ID VTD: 0077 571B VTD: 0078 544D
District: 5
CLAYTON COUNTY VTD: 0006 FOREST PARK 5 VTD: 0007 JONESBORO 1 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 301, 302, 303, 304A, 304B, 309, 401A, 401B, 402, 403, 404A, 404B, 404C, 405, 406, 407, 408, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 515, 516, 522, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 903A, 904, 905, 913, 914, 915, 916, 917, 918 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0027 RIVERDALE 2

THURSDAY, FEBRUARY 20, 1992

1189

VTD: 0028 RIVERDALE 3 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0032 RIVERDALE 7 VTD: 0033 RIVERDALE 8 COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 DEKALB COUNTY VTD: 0038 EAST LAKE VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOBD SOUTH DECATUR VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 U VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0023 2H VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L VTD: 0030 2R VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0046 3H VTD: 0047 3J
VTD: 0048 3K
VTD: 0049 3L
VTD: 0050 3M
VTD: 0051 3N
VTD: 0052 3P

1190
VTD: 0053 3R VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0058 4D VTD: 0059 4E VTD: 0061 4G VTD: 0062 4H VTD: 0064 4K VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0094 7F VTD: 0096 7H VTD: 0097 7J VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA2 7N VTD: OOA3 7P VTD: OOA4 7R VTD: OOA5 78 VTD: OOA8 8A VTD: OOA9 8B VTD: GOBI 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L VTD: OOCl 8M VTD: OOC2 8N VTD: OOC3 8P VTD: OOC4 8R VTD: OOC7 8V VTD: OOC9 9A VTD: OOD1 9B
VTD: OOD2 9C VTD: OOD3 9D
VTD: OOD4 9E VTD: OOD5 9F

JOURNAL OF THE HOUSE,

THURSDAY, FEBRUARY 20, 1992

1191

VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D VTD: OOF2 10E VTD: OOF3 10F VTD: OOF4 10G VTD: OOFS 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOF9 10M VTD: OOGl ION VTD: OOG2 11A VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 11E VTD: OOG8 11G VTD: OOG9 HH VTD: OOH1 11J VTD: OOH2 11K VTD: OOH3 11L VTD: OOH4 11M VTD: OOH5 11N VTD: OOH6 UP VTD: OOH7 11R VTD: OOH9 12A VTD: OOJ1 12B VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E VTD: OOJ5 12F VTD: OOJ6 12G VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK1 12L VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P VTD: OOK6 CP01 VTD: OOK7 CP02 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL6 EP01
VTD: OOL7 EP02
VTD: OOL8 EPOS
VTD: OOM1 EPOS
VTD: OOM2 EP06
VTD: OOM3 EP07

1192

JOURNAL OF THE HOUSE,

VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON3 FA01 VTD: OON4 HP01 VTD: OON5 HP02 VTD: OOR1 PA01 VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOT5 SCI2 VTD: OOT6 SC13 VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: OOU5 SC21 VTD: OOV1 SS04 VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: OOV8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14 VTD: OOW4 SS16 VTD: OOW8 SS21 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: 00X5 SS23 VTD: 00X7 9T VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SC07
District: 6
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET VTD: 0016 WOODSTOCK
COBB COUNTY VTD: 0001 ACWORTH VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3

THURSDAY, FEBRUARY 20, 1992

1193

VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0013 CHEATHAM HILL 1 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part)
Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 121B, 122B
Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, 110F, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B
Tract: 0311.07 Block(s): 205B
Tract: 0311.08 Block(s): 102A, 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C
VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03 Block(s): 208B Tract: 0310.01 Block(s): 910C, 910L, 925B, 925C Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 411D
VTD: 0019 DODGEN VTD: 0020 DUE WEST VTD: 0021 EASTSIDE VTD: 0022 ELIZABETH 1 (Part)
Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909
Tract: 0305.02 Block(s): 601C
Tract: 0305.03 Block(s): 108B
Tract: 0306. Block(s): 601, 602, 603, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B
VTD: 0023 ELIZABETH 2
VTD: 0024 ELIZABETH 3
VTD: 0025 ELIZABETH 4
VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1
VTD: 0033 FULLERS 1 AND FULLERS 2

1194

JOURNAL OF THE HOUSE,

VTD: 0035 FULLERS 3 VXD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0057 MARIETTA 1 (Part)
Tract: 0303.21 Block(s): 302A, 402A, 403A
Tract: 0304.04 Block(s): 101A, 101B
Tract: 0304.06 Block(s): 101A, 101B, 301A, 401A, 401B, 402A, 402B, 501A, 501B, 501C
Tract: 0311.09 Block(s): 101A, 101C
VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A Tract: 0305.01 Block(s): 908A Tract: 0306. Block(s): 703A, 704A, 705A, 706A, 708A, 708G
VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A
VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.04 Block(s): 301A, 302
Tract: 0304.05
Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803
Tract: 0305.02
Block(s): 112A, 114B, 305B, 317A, 318A
Tract: 0305.03
Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216,

THURSDAY, FEBRUARY 20, 1992

1195

302A, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A, 601, 602, 603, 604 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0075 OREGON 1 VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0090 RED ROCK VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3 VTD: OOB3 CRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10
VTD: OOB6 KEMP
VTD: OOB7 GRITTERS 9
VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07
Block(s): 115D, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826

1196

JOURNAL OF THE HOUSE,

VTD: OOC1 OREGON 5 DEKALB COUNTY
VTD: 0005 AUSTIN VTD: 0037 DUNWOODY VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0099 PEACHTREE VTD: OOAW SHALLOWFORD VTD: OOBQ VANDERLYN VTD: OOBR VERMACK FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NC03 VTD: OOP2 NC04 VTD: OOP3 NC05 VTD: OOP4 NC06 VTD: OOPS NC07 VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOP9 NC11 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOU7 SS01 VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOW3 SS15 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17 VTD: OOY2 RW09 GWINNETT COUNTY VTD: 0018 1263A
VTD: 0019 1263B
VTD: 0024 404A
VTD: 0036 406C
VTD: 0038 406E
VTD: 0041 406H
VTD: 0049 1604
VTD: 0052 1263C
VTD: 0058 406L
VTD: 0059 406M
VTD: 0074 404C
District: 7
CHATTOOGA COUNTY

THURSDAY, FEBRUARY 20, 1992

1197

FLOYD COUNTY BARTOW COUNTY POLK COUNTY PAULDING COUNTY HARALSON COUNTY CARROLL COUNTY DOUGLAS COUNTY HEARD COUNTY TROUP COUNTY COBB COUNTY
VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part)
Tract: 0311.01 Block(s): 106B
VTD: 0018 DOBBINS 2 (Part) Tract: 0304.06 Block(s): 102B Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C Tract: 0311.08 Block(s): 301, 302, 303B, 305, 306, 307, 309
VTD: 0022 ELIZABETH 1 (Part) Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501A, 501C, 501D, 501E, 502B, 506B, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 901C, 901D, 902B, 902C, 902D, 902E, 917E
VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B
Tract: 0307. Block(s): 118C
Tract: 0308. Block(s): 206B
Tract: 0309.02
Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C
Tract: 0309.03
Block(s): 101D, 102, 201B, 202B, 202C, 202D
Tract: 0310.02
Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A

1198

JOURNAL OF THE HOUSE,

VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2
VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4
VTD: 0056 MACLAND VTD: 0057 MARIETTA 1 (Part)
Tract: 0304.06
Block(s): 102A Tract: 0307.
Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 309, 310, 314, 315, 318, 321, 322, 323
Tract: 0308.
Block(s): 206A, 207, 209A, 209B, 210, 211, 214, 215A, 216, 217, 302, 303, 304, 305, 306, 307, 308, 404, 405, 406, 407, 408, 411, 412, 413, 501, 511, 601, 602, 603, 604, 605, 606, 607, 608, 611, 701, 702, 703, 704, 705, 706, 707, 712, 713, 801, 802, 807, 808
Tract: 0310.01
Block(s): 908A, 910A, 910B, 911, 912 Tract: 0311.09
Block(s): 501, 502, 503A, 504, 505 VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 (Part)
Tract: 0306. Block(s): 219, 222, 223, 224, 227, 228, 229, 230, 231, 232, 233, 302, 303, 304, 305, 307, 308A, 309, 311, 312, 313, 314, 315, 316, 317, 323, 325A, 326, 401, 403
Tract: 0307.
Block(s): 401, 407A, 418 Tract: 0308.
Block(s): 301, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318A, 320, 401, 402, 403, 502, 503, 504, 505, 506, 507, 508, 509, 510, 512, 513
Tract: 0309.02
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123B, 124, 202B, 203B, 206B, 206C, 207B, 401, 501, 502, 503, 504, 507, 508, 509, 510, 601, 602, 603, 604, 605, 606, 607
VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 823A
Tract: 0305.02 Block(s): 602
Tract: 0306.
Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123,
124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225,
226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A,
420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E,
425A, 426, 501B, 502A, 503, 504, 505, 506A, 606A, 606B, 607A, 608, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0307.
Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501,
503, 504, 505, 506, 507, 508, 509, 510, 518, 519

THURSDAY, FEBRUARY 20, 1992

1199

Tract: 0309.01 Block(s): 301A, 302, 303, 304
VTD: 0061 MARIETTA 5 (Part) Tract: 0307. Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715
VTD: 0062 MARIETTA 6 (Part) Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0063 MARIETTA 7 (Part) Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809
VTD: 0070 MT. HARMONY VTD: 0076 OREGON 2 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 801B, 823B
VTD: OOB9 MARIETTA 2B VTD: OOC2 BIRNEY 2
District: 8
EMANUEL COUNTY JOHNSON COUNTY LAURENS COUNTY HOUSTON COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY MONTGOMERY COUNTY WHEELER COUNTY DOOLY COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY APPLING COUNTY BEN HILL COUNTY COFFEE COUNTY IRWIN COUNTY BACON COUNTY BERRIEN COUNTY WARE COUNTY ATKINSON COUNTY COOK COUNTY COLQUITT COUNTY CLINCH COUNTY

1200

JOURNAL OF THE HOUSE,

LANIER COUNTY CHARLTON COUNTY ECHOLS COUNTY BIBB COUNTY
VTD: 0009 EM09 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0039 VINEVILLE 06 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0017 SHILOH FIRE STATION VTD: 0018 NEW COVENANT CHURCH VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL
District: 9
DADE COUNTY RABUN COUNTY WALKER COUNTY CATOOSA COUNTY WHITFIELD COUNTY MURRAY COUNTY FANNIN COUNTY TOWNS COUNTY UNION COUNTY

THURSDAY, FEBRUARY 20, 1992

1201

GILMER COUNTY
HABERSHAM COUNTY
WHITE COUNTY
LUMPKIN COUNTY
STEPHENS COUNTY
GORDON COUNTY
DAWSON COUNTY
PICKENS COUNTY
HALL COUNTY FORSYTH COUNTY CHEROKEE COUNTY
VTD: 0001 BALLGROUND VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0013 SALICOA VTD: 0015 WILDCAT
District: 10
FRANKLIN COUNTY HART COUNTY BANKS COUNTY JACKSON COUNTY ELBERT COUNTY MADISON COUNTY BARROW COUNTY OGLETHORPE COUNTY CLARKE COUNTY WILKES COUNTY LINCOLN COUNTY OCONEE COUNTY WALTON COUNTY MORGAN COUNTY NEWTON COUNTY COLUMBIA COUNTY MCDUFFIE COUNTY GWINNETT COUNTY
VTD: 0001 1295A VTD: 0002 1295B VTD: 0017 1564 VTD: 0020 1749 VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B RICHMOND COUNTY

1202

JOURNAL OF THE HOUSE,

VTD: 0019 7 VTD: 0021 8 (Part)
Tract: 0001. Block(s): 414, 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B
VTD: 0022 8A VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0033 86-5 VTD: 0034 86-6 (Part)
Tract: 0109.02 Block(s): 133, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497
VTD: 0035 86-7 VTD: 0036 86-8 (Part)
Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 949, 953, 954
Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306
VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0046 89-1 VTD: 0050 89-5 VTD: 0055 89-10 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0058 90-3 VTD: 0059 90-4 VTD: 0060 90-5 VTD: 0067 FG5 (Part)
Tract: 0108. Block(s): 901G, 901H, 901J, 906, 907, 911, 912
District: 11
GREENE COUNTY TALIAFERRO COUNTY WARREN COUNTY JASPER COUNTY PUTNAM COUNTY HANCOCK COUNTY

THURSDAY, FEBRUARY 20, 1992

1203

BUTTS COUNTY GLASCOCK COUNTY JEFFERSON COUNTY BURKE COUNTY WASHINGTON COUNTY WILKINSON COUNTY TWIGGS COUNTY BALDWIN COUNTY
VTD: 0001 MONTPELIER- EAST BALDWIN VTD: 0002 NORTH BALDWIN 318 (Part)
Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 320B
Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 222C, 227, 228, 229B
VTD: 0004 EAST MILLEDGEVILLE 320E (Part) Tract: 9702. Block(s): 330A, 333, 334, 337, 338, 339, 340, 341, 401, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 506, 515, 516, 517
VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 302A, 303A, 304A, 307A, 308, 309, 310A, 311A, 318, 319, 320, 321, 424, 425, 548A
VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421
VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 139, 140, 141 Tract: 9706. Block(s): 101 Tract: 9707.
Block(s): 101, 102, 103, 104, 105, 112, 113, 114, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127, 129, 130, 132, 133, 134, 135, 136, 137, 140B, 301, 302B, 303B, 304B, 305, 306, 307B, 546, 547, 548B,548C
Tract: 9708.
Block(s): 101, 102, 103, 104, 105A, 118A, 119, 120, 121, 122, 123A, 124, 125, 126, 127A, 128, 129
VTD: 0013 SCOTTSBORO 1714 (Part)
Tract: 9708.

1204

JOURNAL OF THE HOUSE,

Block(s): 105B, 106, 107, 108, 116, 117, 118B, 130, 132, 133
BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0007 EM07 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 VTD: 0043 MACON 02 VTD: 0044 MACON 01
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE
VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0026 CLARKSTON VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0036 DUNAIRE VTD: 0039 EASTLAND VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0070 LITHONIA VTD: 0073 MAINSTREET SOUTH
VTD: 0077 MCWILLIAMS
VTD: 0078 MEADOWVIEW
VTD: 0083 MIDWAX
VTD: 0084 MIDWAY PARK
VTD: 0085 MILLER ROAD

THURSDAY, FEBRUARY 20, 1992

1205

VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAQ ROWLAND ROAD VTD: OOAT SALEM VTD: OOAV SCOTTDALE VTD: ODBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL HENRY COUNTY VTD: 0005 BEERSHEBA VTD: 0030 LOVES VTD: 0045 MCMULLEN VTD: 0070 SWAN LAKE RICHMOND COUNTY VTD: 0001 1
VTD: 0002 1A
VTD: 0003 2
VTD: 0004 2A
VTD: 0005 3
VTD: 0006 3A
VTD: 0007 3B
VTD: 0008 4
VTD: 0009 4A
VTD: 0010 4B
VTD: 0011 4C
VTD: 0012 5
VTD: 0013 5A
VTD: 0014 5B
VTD: 0015 6
VTD: 0016 6A
VTD: 0017 6B
VTD: 0018 6C
VTD: 0020 7A
VTD: 0021 8 (Part)
Tract: 0011. Block(s): 304, 305, 306, 307, 308, 309, 313, 314, 316, 317, 318, 319, 320,
321
Tract: 0012.
Block(s): 402, 605, 606, 607, 608, 616
VTD: 0023 8B
VTD: 0024 8C
VTD: 0026 85-1
VTD: 0027 85-2

1206

JOURNAL OF THE HOUSE,

VTD: 0028 85-3 VXD: 0031 86-3 VTD: 0032 86-4 VTD: 0034 86-6 (Part)
Tract: 0109.02 Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138
VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 936B, 941, 942, 943, 945, 946, 947, 948B, 950, 951, 952, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973 Tract: 0109.02 Block(s): 102
VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0048 89-3 VTD: 0049 89-4 VTD: 0051 89-6 VTD: 0052 89-7 VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 (Part)
Tract: 0108. Block(s): 901D
VTD: 0068 FG6
(b) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1990 for this state.
(c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, 1993. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1990 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1992 for the purpose of electing the members in 1992 who are to take office in 1993. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1993."
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:

THURSDAY, FEBRUARY 20, 1992

1207

Representative White of the 132nd, et al. move to amend the Committee substitute to HB 1657 by striking in its entirety the description of District 2 and inserting in its place the following:
"District: 2
MERIWETHER COUNTY TALBOT COUNTY CRAWFORD COUNTY TAYLOR COUNTY PEACH COUNTY MARION COUNTY CHATTAHOOCHEE COUNTY MACON COUNTY SCHLEY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY EARLY COUNTY BAKER COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY BIBB COUNTY
VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0007 EM07 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0015 GODFREY 06 VTD: 0016 GODFREY 07 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0019 HAZARD 05 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08

1208

JOURNAL OF THE HOUSE,

VTD: 0043 MACON 02 VTD: 0044 MACON 01 VTD: 0045 WA 01 BROOKS COUNTY VTD: 0003 DIXIE VTD: 0005 GROOVERVILLE VTD: 0006 HICKORY HEAD VTD: 0009 QUITMAN CRISP COUNTY VTD: 0001 CORDELE VTD: 0006 CONEY DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0004 DRAYTON 633 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671 DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0027 SYLVANDALE ELEMENTARY SCH HOUSTON COUNTY VTD: 0014 N13 VTD: 0016 TOWN LEE COUNTY VTD: 0001 CHOKEE VTD: 0006 SMITHSVILLE MITCHELL COUNTY VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH VTD: 0015 CAMILLA SOUTH VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0040 PELHAM MONROE COUNTY VTD: 0006 CULLODEN MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN
VTD: 0003 EDDY
VTD: 0004 BAKER
VTD: 0005 SAINT MARY S
VTD: 0007 BRITT
VTD: 0008 CARVER

THURSDAY, FEBRUARY 20, 1992

1209

VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING THOMAS COUNTY VTD: 0003 BOSTON VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY VTD: 0015 HARPER VTD: 0016 SUSIE DUNLAP VTD: 0018 CENTRAL VTD: 0019 JERGER UPSON COUNTY VTD: 0007 SALEM"

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

N Abernathy N Adams N Aiken N Alford N Ashe N Atkins
Baker N Balkcom N Barfoot N Bargeron
N Barnett.B Barnett.M
N Bates N Beatty N Benefield N Birdsong
Blitch N Bordeaux N Bostick N Branch N Breedlove Y Brooks Y Brown N Brush NBuck N Buckner
N Byrd N Campbell
Y Canty N Carrell
N Carter N Cauthorn N Chafin N Chambless
N Cheeks N Childers

N Clark.E
N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth
Cummings.B Cummings.M N Davis.D Y Davis.G N Davis.M Dixon.H N Dixon.S
Dobbs N Dover N Dunn
N Edwards N Elliott
N Felton N Fennel N Floyd,J.M N Floyd,J.W
Flynt N Godbee N Golden Y Goodwin E Green Y Greene N Griffin N Groover N Hamilton N Hammond N Banner N Harris.B N Harris.J

N Heard N Henson N Herbert N Holland Y Holmes
Y Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore
NKing N Kingston N Klein YLadd N Lane.D N Lane.R
Langford N Lawrence N Lawson NLee
Long N Lord N Lucas NMann N Martin N McBee N McCoy N McKelvey
McKinney.B McKinney.C N Meadows Merritt N Milam

N Mills
N Mobley N Moody Y Morsberger
N Moultrie N Mueller N Oliver.C N Oliver.M NOrr
Orrock N Padgett N Parham N Parrish
Patten Y Pelote N Perry
N Pettit N Pinholster N Pinkston
N Poag N Porter N Poston N Powell.A N Powell.C
N Presley N Purcell
Randall
Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson
Sinkfield

On the adoption of the amendment, the ayes were 18, nays 137.

N Skipper N Smith.L N Smith,? N Smith.T
N Smith,W Y Smyre N Snow
N Standl.F N Stancil.S
Stanley Streat Y Taylor N Teper
N Thomas.C Y Thomas.M
Thomas.N Y Thurmond N Titus N Tolbert
Townsend N Turnquest N Twiggs Y Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts Y White N Wilder N Williams.B Y Williams.J N Williams.R N Yeargin
Murphy.Spkr

1210

JOURNAL OF THE HOUSE,

The amendment was lost.

The following amendment was read:

Representative White of the 132nd, et al. move to amend the Committee substitute to HB 1657 by striking in their entireties the descriptions of District 1 through District 11 and inserting in lieu thereof, respectively, the following:
"District: 1^
TALBOT COUNTY MARION COUNTY CHATTAHOOCHEE COUNTY MACON COUNTY STEWART COUNTY WEBSTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY EARLY COUNTY BAKER COUNTY SEMINOLE COUNTY BIBB COUNTY
VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0007 EM07 VTD: 0008 EM08 VTD: 0009 EM09 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0016 GODFREY 07 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0019 HAZARD 05 VTD: 0020 HAZARD 06 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0032 RUTLAND 01 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0043 MACON 02

THURSDAY, FEBRUARY 20, 1992

1211

VTD: 0044 MACON 01 VXD: 0046 WA 02 BROOKS COUNTY VTD: 0001 BARNEY VTD: 0002 BRIGGS (Part)
Tract: 9903. Block(s): 255, 256, 258, 259, 262, 263, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276
Tract: 9904.
Block(s): 101, 102, 130, 131, 132, 133, 134, 135, 136, 137
Tract: 9905.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128,
129
VTD: 0003 DIXIE VTD: 0004 DRY LAKE VTD: 0005 GROOVERVILLE VTD: 0006 HICKORY HEAD VTD: 0007 MORVEN VTD: 0008 WANKIN VTD: 0009 QUITMAN (Part)
Tract: 9902. Block(s): 295
Tract: 9903.
Block(s): 279, 292, 293 Tract: 9904.
Block(s): 103, 104, 105, 106, 107, 108, 117, 118, 119, 120, 121, 122, 123, 125, 126, 127, 128, 129, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 148A, 148B, 149, 150, 151, 152, 153, 154, 155A, 155B, 156, 157A, 157B, 158A, 158B, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 217A, 217B, 218, 219A, 219B, 220, 224, 225, 226, 227, 228, 230, 231, 232, 233, 234A, 234B, 235A, 235B, 236, 237A, 237B, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380
Tract: 9905.
Block(s): 119, 120, 130, 131, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147A, 147B, 147C, 147D, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168A, 168B, 169A, 169B, 169C, 170A, 170B, 170C, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 190B, 191A, 191B, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279,

1212

JOURNAL OF THE HOUSE,

280, 281, 282, 283, 284, 285, 286, 287, 288, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 313D, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 337, 338, 339A, 339B, 339C, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354A, 354B, 355, 356, 357A, 357B, 358, 359, 360, 361, 362 VTD: 0010 TALLOAKS AND WILLIAMS COLQUITT COUNTY VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 433, 523, 524, 525, 616, 617 Tract: 9707. Block(s): 211, 212, 222, 223, 224, 225, 226, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 252, 253, 254, 255, 256, 257, 258, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 342, 343, 404A, 404B, 405, 406A, 406B, 407, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 427 Tract: 9708. Block(s): 101, 102, 103, 104, 105, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 141, 142, 143, 144, 145, 201, 202, 203, 204, 205, 206, 207, 208, 209 VTD: 0018 SHAW VTD: 0019 AUTREYVILLE CRAWFORD COUNTY VTD: 0002 2 VTD: 0005 5 VTD: 001A 1A VTD: 001B IB
CRISP COUNTY
VTD: 0001 CORDELE (Part)
Tract: 9801.
Block(s): 121, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 264A, 264B, 265A, 265B, 266A, 266B, 304, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323A, 323B, 324A, 324B, 325, 339, 340, 341, 342, 343, 351, 352, 353, 354, 355, 364, 365, 366, 367
Tract: 9802.
Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 175, 176, 177, 178, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 184, 185, 186, 187, 193, 194, 195, 196A, 196B, 197A, 197B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 328, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431,

THURSDAY, FEBRUARY 20, 1992

1213

432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454A, 454B, 454C, 454D, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619 Tract: 9803. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 336, 341, 342, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 369, 370
Tract: 9804. Block(s): 206, 207, 208, 209, 210, 211, 222, 223, 224, 225, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 340, 341A, 341B, 418A, 418B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 432, 433, 434, 435, 436, 437,
438, 439, 440, 441 DECATUR COUNTY
VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part)
Tract: 9703. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313,
314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352,
353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378,
379, 380, 381, 382, 383A, 387, 388, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423A, 423B, 424, 425, 426,
427, 428, 429, 430, 431, 432, 433, 434, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447 Tract: 9704.
Block(s): 122, 123, 124A, 124B, 125, 126A, 126B, 127, 128, 205A, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 237,
238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 301A, 301B, 302A, 302B, 302C, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324,
325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421,
422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449
Tract: 9705. Block(s): 238
Tract: 9706. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124,
125, 126, 127, 128, 129, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 Tract: 9707.
Block(s): 101, 102, 103, 104, 105, 116, 117, 118, 119, 122, 123, 193, 194 VTD: 0003 WEST BAINBRIDGE (Part)
Tract: 9703.
Block(s): 144A, 158A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 202A,

1214

JOURNAL OF THE HOUSE,

202B, 204A, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 267A, 268, 269, 270A, 271, 272, 273, 274, 275, 276, 277, 278A, 279, 280, 281, 282, 283 VTD: 0005 BELL VTD: 0008 FACEVILLE VTD: 0009 FOWLSTOWN VTD: 0010 KENDRICK VTD: 0013 RECOVERY DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0005 FINDLAY 1552 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671 DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0008 ALBANY JR COLLEGE (Part) Tract: 0009. Block(s): 310, 311 Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217 Tract: 0104.02 Block(s): 102A, 102B, 103A, 104, 105, 106, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122 VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY
VTD: 0011 M L KING JR. HIGH SCHOOL
VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH
VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM
VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH
VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL
VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE
VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER
VTD: 0024 MOCK ROAD ELEMENTARY SCH
VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0027 SYLVANDALE ELEMENTARY SCH
GRADY COUNTY VTD: 0010 DUNCANVILLE
VTD: 0015 HIGDON
VTD: 0035 RAGAN VTD: 0050 CAIRO 4
VTD: 0055 CAIRO 5 (Part) Tract: 9504.

THURSDAY, FEBRUARY 20, 1992

1215

Block(s): 151A, 301B, 303A, 309, 310, 315, 316, 317, 318, 319, 320, 321, 322A, 323, 324, 326, 327, 401, 402, 403, 404, 405, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420
Tract: 9505. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232, 402, 403, 404, 405, 407, 408, 409, 410, 420, 421, 422, 423, 424A, 425, 426, 436, 437, 438, 439
VTD: 0060 WHIGHAM (Part) Tract: 9502. Block(s): 248A, 248B, 252, 253, 254, 255, 256, 257, 258, 259, 263, 264, 265 Tract: 9503. Block(s): 126B, 405B, 406, 407, 408B, 409A, 409B
HARRIS COUNTY VTD: 0011 WAVERLY HALL
HOUSTON COUNTY VTD: 0014 N13 VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 204, 205, 211, 212, 213, 214, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 289, 290, 291, 293, 294, 295, 296, 297 VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 304A, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 508, 509, 601, 602, 603, 604, 605, 606, 607, 608, 615, 616, 617, 618, 705, 706, 707, 715, 716, 717 Tract: 0213. Block(s): 113A, 113B, 113C, 115A, 115B, 115D, 119A, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 311D, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 429A, 430A, 430B Tract: 0214. Block(s): 101A, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 204, 403, 404, 405A, 406A, 406B, 508, 509, 510, 513
LEE COUNTY VTD: 0001 CHOKEE VTD: 0006 SMITHSVILLE
LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part) Tract: 0105.
Block(s): 116, 119, 121, 122, 123, 124, 125, 126, 127, 128
Tract: 0109.
Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,
120, 121, 122, 123, 124A, 125, 126, 127, 140, 141, 142, 143,
144, 145

1216

JOURNAL OF THE HOUSE,

Tract: 0110. Block(s): 101, 102, 103, 104, 105, 106, 107, 1Q8, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 211, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 320, 321, 322, 323, 324, 325, 326, 327, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450
VTD: 0006 CHURCH LATTERDAY SAINTS (Part) Tract: 0114. Block(s): 401A, 401B, 401C
VTD: 0007 LOMAX-PINEVALE VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH
(Part) Tract: 0106.
Block(s): 304A, 305, 306, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417
Tract: 0108. Block(s): 204B, 207
VTD: 0015 AZALEA CITY CHURCH OF GOD (Part) Tract: 0109. Block(s): 342A, 344A, 344B, 345 Tract: 0113. Block(s): 111B Tract: 0114. Block(s): 309A, 309B, 309C, 310A, 311, 402A, 402B, 405A, 405B, 405C, 405D, 405E, 405F, 406, 407A, 407B, 408, 409A, 409B, 410, 411, 412, 413A, 413B, 413C, 414A, 414B, 415B, 416, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 443, 444, 445, 446, 447, 503A, 504A, 505A
VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 493, 494, 495
VTD: 0019 CRAIG RECREATION CENTER (Part) Tract: 0109. Block(s): 211, 212B, 213, 217B, 218, 219, 220, 221, 222, 223B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 347A, 348, 349, 350, 351 Tract: 0113. Block(s): 116A, 117, 401, 402, 403, 404, 405, 406, 407, 408, 421, 422, 423, 424, 425, 426, 427, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 701, 702, 703, 704, 705, 706, 707, 708, 709 Tract: 0114.
Block(s): 306A, 306B, 306C, 307, 308, 417A, 417C, 439, 440A, 440B, 441, 442
MERIWETHER COUNTY
VTD: 0001 LONE OAK
VTD: 0002 LUTHERVILLE (Part)
Tract: 9701.
Block(s): 106A, 107, 108, 109, 110, 111A, 111B, 119, 123, 124, 125, 126, 136, 137, 138, 139, 140A, 140B, 141, 142A, 142B, 143A, 143B, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211,

THURSDAY, FEBRUARY 20, 1992

1217

212, 213, 214, 215, 216A, 216B, 217, 218, 219A, 219B, 220A, 220B, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 232, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 257, 258, 259, 260, 261, 262, 263, 264, 265, 267, 268, 269, 272, 273, 274, 275, 276, 277 Tract: 9702. Block(s): 272, 274, 275, 276 Tract: 9703. Block(s): 102 VTD: 0003 ALVATON-UPPER NINTH (Part) Tract: 9702. Block(s): 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119A, 119B, 120, 121, 122, 123A, 123B, 124A, 124B, 125A, 125B, 126, 127A, 127B, 128, 129, 130A, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151, 152, 168, 196, 197, 201A, 201B, 202, 203, 204, 218A, 239A, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 277, 278, 279, 280, 281, 282, 283, 286 VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0006 CHALYBEATE AND LOVE VTD: 0008 GILL TWO VTD: 0010 DURAND VTD: 0011 ODESSADALE-SEVENTH VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH MITCHELL COUNTY VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 169, 170, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 220, 221, 337A, 339A, 340A, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 352 Tract: 9804. Block(s): 401, 402, 403, 404, 405, 406, 407, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 426, 427, 429, 430, 431B, 481, 482, 483 VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 165, 166, 167, 168, 171, 215, 216, 217, 218, 219 Tract: 9804. Block(s): 147, 148A, 148D, 201, 202, 203, 204, 205, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 244, 245, 246A, 246B, 247A, 247B, 249, 301, 302, 303, 304, 305A, 305B, 306, 323B, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 434, 435, 436, 437, 438, 456, 459A, 462 Tract: 9806.
Block(s): 101, 102, 103, 104, 301
VTD: 0025 FAIRCLOTH
VTD: 0030 PARKER
VTD: 0040 PELHAM (Part)
Tract: 9806.
Block(s): 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126,

1218

JOURNAL OF THE HOUSE,

127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201A, 201B, 202, 203, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 210, 211A, 211B, 212, 213, 214, 215, 216A, 216B, 217, 218, 302 Tract: 9807. Block(s): 165, 166, 167, 168, 169, 170 MONROE COUNTY
VTD: 0006 CULLODEN MUSCOGEE COUNTY
VTD: 0001 COURTHOUSE
VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER
VTD: 0005 SAINT MARY S VTD: 0007 BRITT
VTD: 0008 CARVER VTD: 0009 RIGDON
VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS
VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD
VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING
VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING
VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING
PEACH COUNTY VTD: 0005 DISTRICT 1
VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE
VTD: 0015 DISTRICT 3 PIKE COUNTY
VTD: 1401 CONCORD VTD: 1407 WILLIAMSON
SPALDING COUNTY
VTD: 0001 GRIFFIN ONE VTD: 0005 GRIFFIN FIVE
VTD: 0006 GRIFFIN SIX VTD: 0012 EXPERIMENT
VTD: 0015 ORRS WEST SUMTER COUNTY
VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16
VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26
VTD: 0035 AMERICUS 27 (Part) Tract: 9502.
Block(s): 115A, 115B, 115D, 116A, 116B, 117A, 118A, 118B, 118C, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 141A, 141B, 141C, 141D, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 148A, 148B, 148C, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303A, 303B, 304, 305, 306, 307, 308, 309, 310, 311A, 412A, 413, 414, 423, 424, 425, 426, 427, 428

THURSDAY, FEBRUARY 20, 1992

1219

Tract: 9503.
Block(s): 135A, 135B, 135C, 135D, 136, 137A, 137B, 138, 139A, 139B, 140A, HOB, 141, 142A, 142B, 143, 144, 215A, 215C, 220, 301,
302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419,
420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445,
446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 514A, 514B, 515, 516, 517, 518, 519A,
519B, 520A, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526,
527, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 545, 546 Tract: 9504.
Block(s): 319, 320
Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 116, 117, 119, 201, 202, 203, 204A, 204B, 205, 206, 207,
208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 230, 232A, 232B, 233A, 233C, 234, 235, 236, 237, 238, 301, 302,
303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 326B, 327, 328, 329, 331, 332, 333, 334 Tract: 9506. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203,
204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301,
302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 317
Tract: 9507. Block(s): 104, 115, 116, 117, 118, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 207B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 418, 419, 420, 421, 422, 423, 424, 425, 427, 432, 435
TAYLOR COUNTY VTD: 0001 1 VTD: 0002 2 VTD: 0007 7 VTD: 0009 9
THOMAS COUNTY VTD: 0002 BALFOUR VTD: 0003 BOSTON VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY VTD: 0015 HARPER VTD: 0016 SUSIE DUNLAP
TROUP COUNTY VTD: 0004 LAGRANGE FOUR VTD: 0009 MOUNTVILLE VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS (Part) Tract: 9606. Block(s): 201A, 202, 203, 204, 207, 208, 213, 214A, 215A, 216, 217, 232,
233, 234, 235

1220

JOURNAL OF THE HOUSE,

UPSON COUNTY VTD: 0007 SALEM
District: 2
CLAYTON COUNTY VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0017 ADAMSON MORROW 1 VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0027 RIVERDALE 2 VTD: 0028 RIVERDALE 3 VTD: 0033 RIVERDALE 8 VTD: 0041 LAKE CITY 1
COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0070 MT. HARMONY VTD: 0080 PEBBLEBROOK
DEKALB COUNTY VTD: 0008 BRIAR VISTA VTD: 0014 CALLANWOLDE VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0038 EAST LAKE VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0049 GORDON VTD: 0055 HOOPER ALEXANDER VTD: 0061 JOHNSON ESTATES VTD: 0065 KIRKWOOD VTD: OOAE PONCE DE LEON VTD: OOBD SOUTH DECATUR VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH VTD: OOCB WINNONA
FAYETTE COUNTY VTD: 0001 BLACKROCK VTD: 0003 EUROPE VTD: 0007 HOPEFUL VTD: 0009 RAREOVER VTD: 0010 SANDY CREEK VTD: 0023 KENWOOD
FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 U VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP

THURSDAY, FEBRUARY 20, 1992

1221

VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0023 2H VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L VTD: 0030 2R VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0046 3H VTD: 0047 3J VTD: 0048 3K VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0058 4D VTD: 0059 4E VTD: 0061 4G VTD: 0062 4H VTD: 0064 4K VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0082 6F
VTD: 0083 6G
VTD: 0084 6H
VTD: 0085 6J
VTD: 0086 6K
VTD: 0087 6N

1222
VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA2 7N VTD: OOA3 7P VTD: OOA4 7R VTD: OOA5 7S VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L VTD: OOC2 8N VTD: OOC3 8P VTD: OOC4 8R VTD: OOC7 8V VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D VTD: OOF2 10E VTD: OOF3 10F VTD: OOF4 10G VTD: OOFS 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOF8 10L VTD: OOF9 10M VTD: OOG1 ION VTD: OOG2 11A VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOG8 11G VTD: OOG9 11H VTD: OOH1 11J VTD: OOH2 11K VTD: OOH3 11L VTD: OOH4 11M VTD: OOH5 UN VTD: OOH6 IIP VTD: OOH7 11R VTD: OOH9 12A
VTD: OOJ1 12B
VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E

JOURNAL OF THE HOUSE,

THURSDAY, FEBRUARY 20, 1992

1223

VTD: OOJ5 12F VTD: OOJ6 12G VTD: OOJ7 12H VTD: 00J8 12J VTD: OOJ9 12K VTD: OOK1 12L VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P VTD: OOK6 CP01 VTD: OOK7 CP02 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL6 EP01 VTD: OOL7 EP02 VTD: OOL8 EP03 VTD: OOM1 EPOS VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON3 FA01 VTD: OON4 HP01 VTD: OON5 HP02 VTD: OOR1 PA01 VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOT5 SC12 VTD: OOT6 SC13 VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: OOU5 SC21 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: 00X7 9T VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SC07
District: 3 (TO BE INSERTED)
District: 4 (TO BE INSERTED)
District: 5 (TO BE INSERTED)
District: 6 (TO BE INSERTED)

1224

JOURNAL OF THE HOUSE,

District: 7 (TO BE INSERTED)
District: 8 (TO BE INSERTED)
District: 9 (TO BE INSERTED)
District: 10
TALIAFERRO COUNTY HANCOCK COUNTY BALDWIN COUNTY
VTD: 0001 MONTPELIER- EAST BALDWIN VTD: 0003 WEST BALDWIN 319 (Part)
Tract: 9704. Block(s): 311E
Tract: 9705. Block(s): 201B, 202B, 212B, 359B, 370, 374, 375, 376, 377, 379, 380, 383
Tract: 9708. Block(s): 201, 204, 205, 210, 402, 403, 404, 405, 411, 412, 413, 414
VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E (Part)
Tract: 9707. Block(s): 217A, 218A, 303A, 304A, 307A, 308, 309, 315, 316, 317, 318, 319, 320, 321, 401A, 402, 416, 418A, 420A, 422, 423, 424, 425
VTD: 0008 SOUTH MILLEDGEVILLE 320S (Part) Tract: 9704. Block(s): 313, 314, 315, 316, 317, 318, 319, 324, 325, 428, 429, 507, 508, 509 Tract: 9705. Block(s): 109, 110, 111, 112, 201A, 202A, 203, 204, 205, 206, 207, 208, 209, 210, 212A, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 357, 358, 359A, 360
VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 Tract: 9708. Block(s): 206, 207, 208, 209, 211, 215, 231
VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 137, 140 Tract: 9706. Block(s): 107B Tract: 9707. Block(s): 101, 102, 103, 104, 105, 112, 113, 114, 115, 118, 119, 120, 124, 125, 127, 128, 130, 131, 134, 135, 136, 137, 138, 139, 140B, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 301, 304B, 305, 306, 307B, 418B, 501C, 503B, 537, 540, 541, 542, 543, 545, 546, 547, 550
VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H (Part) Tract: 9704. Block(s): 421, 422, 512, 524 Tract: 9705.

THURSDAY, FEBRUARY 20, 1992

1225

Block(s): 116, 136 VTD: 0012 FIRST CHRISTIAN CHURCH 320C BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0003 GOUGH VTD: 0004 GREENS CUT AND FOUR POINTS (Part)
Tract: 9501. Block(s): 165, 167, 168, 169A, 189, 190, 191, 192
VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 108A, 229A, 230, 278A, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289
VTD: 0006 MIDVILLE VTD: 0007 MUNNERLYN VTD: 0008 SARDIS VTD: 0009 SCOTTS CROSSROAD VTD: 0010 SHELLBLUFF VTD: 0011 ST CLAIR VTD: 0012 VIDETTE VTD: 0014 NORTH WAYNESBORO VTD: 0015 SOUTH WAYNESBORO CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2
VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5
VTD: 0019 2-6 VTD: 0020 2-7
VTD: 0021 2-8 VTD: 0024 3-1
VTD: 0026 3-3 VTD: 0027 3-4
VTD: 0028 3-5 VTD: 0046 5-1
VTD: 0047 5-2
VTD: 0049 5-4 VTD: 0050 5-5
VTD: 0051 5-6 VTD: 0052 5-7
VTD: 0053 5-8 VTD: 0054 5-9
VTD: 0055 5-10 VTD: 0069 7-5
VTD: 0077 8-2 VTD: 0078 8-3
VTD: 0079 8-4 VTD: 0080 8-5
VTD: 0081 8-6 VTD: 0082 8-7
VTD: 0083 8-8
VTD: 0084 8-9
VTD: 0085 8-10
VTD: 0086 5-11
DEKALB COUNTY
VTD: 0004 ATHERTON

1226

JOURNAL OF THE HOUSE,

VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0026 CLARKSTON VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0039 EASTLAND VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0050 GRESHAM PARK VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY
VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0088 MORELAND VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: OOAA PETERSON VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAJ REDAN SOUTH VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAT SALEM VTD: OOAV SCOTTDALE VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL EFFINGHAM COUNTY VTD: 0004 SHAWNEE 3A VTD: 0005 CLYO 3B VTD: 0006 MASONIC LODGE 3C AND SPRINGFIELD 4
VTD: 0008 RINCON 5
EMANUEL COUNTY
VTD: 0003 CROSS-GREEN
GREENE COUNTY
VTD: 0001 GREENSBORO

THURSDAY, FEBRUARY 20, 1992

1227

VTD: 0003 WOODVILLE VTD: 0004 UNIONPOINT VTD: 0005 SILOAM VTD: 0006 WHITE PLAINS VTD: 0007 LIBERTY JEFFERSON COUNTY VTD: 0002 MATTHEWS VTD: 0003 WRENS VTD: 0004 LOUISVILLE VTD: 0005 WADLEY VTD: 0006 BARTOW JENKINS COUNTY VTD: 8202 MILLEN LAURENS COUNTY VTD: 0001 NATIONAL GUARD VTD: 0004 BETHSADIA (Part)
Tract: 9505. Block(s): 317, 338, 339, 340, 341, 342, 343, 344B, 345B, 348B, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361
Tract: 9508. Block(s): 310A, 310B, 311, 312, 313A, 313B, 313C, 314B, 314C, 318
VTD: 0008 BURGAMY VTD: 0011 DUDLEY (Part)
Tract: 9506. Block(s): 101A, 101B, 102, 103, 104, 105A, 105B, 106, 107, 108, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 155A, 155B, 156, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163, 164, 165, 166, 167A, 167B, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182A, 182B, 183A, 183B, 184, 185, 186A, 186B, 187, 189, 191, 192, 193, 194, 196, 197
VTD: 0013 HARVARD MCDUFFIE COUNTY
VTD: 0001 THOMSON (Part) Tract: 9501.
Block(s): 272, 281, 282, 283, 284, 285, 286, 290, 291, 292, 293
Tract: 9502.
Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119A, 119B, 119C, 120A, 120B, 121A, 121B, 121C, 122A, 122B, 122C, 122D, 123A, 123B, 124A, 124B, 124C, 125A, 125B, 125C, 126A, 126B, 126C, 127A, 127B, 127C, 128, 129A, 129B, 130A, 130B, 208A, 224, 225, 226, 227, 228, 229, 306, 307, 308, 309, 310A, 310B, 311A, 311B, 311C, 311D, 312, 313A, 313B, 313D, 314A, 314B, 315, 319B, 320, 321, 322, 401, 402, 406A, 407, 408, 409, 410, 411, 412, 413A, 418, 424, 425, 426, 427A, 427B, 428, 429, 430, 501, 502, 503, 504
Tract: 9503.
Block(s): 111, 112, 113, 114, 115, 116, 117, 118A, USB, 119A, 119B, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 240, 241, 242A, 242B, 243A, 243B, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256A, 256B, 258, 259, 260A, 260B, 261A, 261B, 321B, 331B, 332, 333, 334, 335

1228

JOURNAL OF THE HOUSE,

Tract: 9504. Block(s): 107, 108, 109, 110, 111, 112, 113, 117, 118, 119, 120, 121, 203, 204, 205, 207, 209, 215A, 215B, 216, 217, 218A, 219A, 219B, 227, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 401, 402B, 403B, 406A, 406B, 406C, 407A, 407B, 408A, 408B, 408C, 409B, 409C, 409D, 409E, 410, 501, 502
MORGAN COUNTY VTD: 0001 MADISON CITY VTD: 0002 BUCKHEAD VTD: 0006 DURDEN VTD: 0007 WHITFIELD
NEWTON COUNTY VTD: 0001 TOWN VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS (Part) Tract: 1003. Block(s): 105C, 111, 112, 113A, 113B, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129A, 129B, 130A, 130B, 131A, 131B, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173A, 173B, 174, 175A, 175B, 176A, 176B, 177, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 257, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 315 Tract: 1004. Block(s): 151, 153A, 201, 202, 203, 204A, 205A, 211, 212, 213, 214, 215, 216, 220, 221, 222, 241, 242, 243, 245, 246, 247, 248, 249, 301, 302, 303, 304, 305 Tract: 1006. Block(s): 118D, 160 Tract: 1007. Block(s): 101, 111, 112, 125, 129, 132B, 135B, 135C, 148B, 149C, 150B, 151, 161, 162, 163, 164, 165, 166, 167 VTD: 0005 BRICK STORE (Part) Tract: 1002. Block(s): 131, 132, 133, 134, 135, 136, 137, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 191, 193, 194, 195, 196, 197, 217, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 241, 242, 269, 270
PUTNAM COUNTY VTD: 1701 1 VTD: 1702 2 VTD: 1703 3 (Part) Tract: 9601.
Block(s): 101, 102, 103, 104, 105, 106, 107
Tract: 9602.
Block(s): 101, 102, 103, 104, 105, 106, 108, 110, 140, 141, 142, 144, 167A, 168C, 243, 245B
RICHMOND COUNTY
VTD: 0001 1

THURSDAY, FEBRUARY 20, 1992

1229

VTD: 0002 1A VTD: 0003 2 VTD: 0004 2A VTD: 0005 3 VTD: 0006 3A VTD: 0007 3B VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0016 6A VTD: 0017 6B VTD: 0018 6C VTD: 0023 8B VTD: 0024 8C VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0032 86-4 VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0048 89-3 VTD: 0049 89-4 VTD: 0051 89-6 VTD: 0052 89-7 VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6 ROCKDALE COUNTY VTD: 0001 CONYERS VTD: 0005 LAKES DISTRICT VTD: 0008 MILSTEAD VTD: 0009 OLDE TOWNE SCREVEN COUNTY
VTD: 0001 SYLVANIA VTD: 0002 HUNTERS VTD: 0003 NEWINGTON VTD: 0008 WADE PLACE
TWIGGS COUNTY VTD: 0004 JEFFERSONVILLE
WARREN COUNTY VTD: 0001 WARRENTON
VTD: 0002 CAMAK
VTD: 0003 NORWOOD
VTD: 0004 BEALL SPRINGS
WASHINGTON COUNTY
VTD: 0001 OCONEE

1230

JOURNAL OF THE HOUSE,

VTD: 0003 DAVISBORO VTD: 0004 SANDERSVILLE VTD: 0005 DEEP STEP VTD: 0006 RIDDLEVILLE VTD: 0007 WARTHEN VTD: 0008 TENNILLE WILKES COUNTY VTD: 0001 1 VTD: 0004 3A WILKINSON COUNTY VTD: 0001 IRWINTON VTD: 0002 BETHEL VTD: 0007 LORD VTD: 0008 MIDWAY VTD: 0009 PASSMORE VTD: 0010 RAMAH VTD: 0011 TURKEY CREEK
District: 11 (TO BE INSERTED)"

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

Y Abernathy
N Adams N Aiken N Alford Y Ashe N Atkins
Baker N Balkcom N Barfoot N Bargeron N Barnett.B
Barnett.M N Bates N Beatty N Benefield N Birdsong
Blitch N Bordeaux N Bostick N Branch N Breedlove Y Brooks Y Brown N Brush N Buck N Buckner N Byrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless
Cheeks N Childers

N Clark,E N Clark.L N Coker N Coleman N Colwell N Connell
N Culbreth Cummings.B Cummings.M
N Davis,D Y Davis.G
N Davis.M Dixon.H
N Dixon.S Dobbs
N Dover N Dunn
N Edwards Y Elliott N Felton N Fennel N Floyd,J.M N Floyd.J.W
Flynt
N Godbee N Golden Y Goodwin E Green
Greene N Griffin N Groover N Hamilton N Hammond N Manner N Harris.B N Harris.J

N Heard
N Henson N Herbert N Holland Y Holmes Y Howard
N Hudson N Irwin
N Jackson N Jamieson
Jenkins
N Jones N Kilgore NKing N Kingston N Klein
YLadd N Lane.D N Lane.R
Langford Y Lawrence N Lawson NLee
Long NLord
N Lucas N Mann N Martin N McBee N McCoy N McKelvey
McKinney.B McKinney.C N Meadows Y Merritt N Milam

N Mills
N Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C
N Oliver.M NOrr
Orrock
N Padgett N Parham N Parrish
Patten Y Pelote N Perry
N Pettit N Pinholster N Pinkston
NPoag N Porter N Poston N Powell.A N Powell.C N Presley N Purcell
Y Randall Ray
N Reaves Redding
N Ricketson N Royal N Selman N Sherrill N Simpson
Sinkfield

On the adoption of the amendment, the ayes were 25, nays 129. The amendment was lost.

The following amendment was read:

N Skipper N Smith.L N Smith.P
N Smith.T N Smith.W
Y Smyre N Snow N Stancil.F N Stancil.S
Y Stanley Streat
Y Taylor N Teper
N Thomas.C Y Thomas.M
Thomas,N Y Thurmond N Titus N Tolbert
Townsend
Turnquest N Twiggs Y Valenti N Vaughan
N Walker.J N Walker.L Y Wall N Watson
N Watts Y White N Wilder Y Williams.B Y Williams.J N Williams.R N Yeargin
Murphy,Spkr

THURSDAY, FEBRUARY 20, 1992

123l

Representative Holmes of the 28th moves to amend the Committee substitute to HB 1657 by striking in their entireties the descriptions of Districts 1 through 11 and inserting in their respective places the following:
"District: 1
BULLOCH COUNTY CANDLER COUNTY TREUTLEN COUNTY TOOMBS COUNTY MONTGOMERY COUNTY TATTNALL COUNTY WHEELER COUNTY EVANS COUNTY LONG COUNTY APPLING COUNTY WAYNE COUNTY MCINTOSH COUNTY BACON COUNTY PIERCE COUNTY GLYNN COUNTY BRANTLEY COUNTY CAMDEN COUNTY BRYAN COUNTY
VTD: 0001 NINETEENTH VTD: 0002 MILL CREEK VTD: 0003 RICHMOND HILL VTD: 0004 TWENTH WEST VTD: 0005 FORT MCALLISTER VTD: 0006 FORT STEWART VTD: 0007 BLITCHTON CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0007 1-7 VTD: 0009 1-9 VTD: 0010 1-10 VTD: 0011 1-11 VTD: 0012 1-12 VTD: 0013 1-13 VTD: 0022 2-9 VTD: 0025 3-2 VTD: 0029 3-6 VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0033 3-10 VTD: 0034 4-1 VTD: 0036 4-3 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 VTD: 0044 4-11

1232

JOURNAL OF THE HOUSE,

VTD: 0045 4-12 VTD: 0056 6-1 VTD: 0057 6-2
VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0061 6-6
VTD: 0062 6-7 VTD: 0063 6-8 VTD: 0064 6-9
VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4
VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8
VTD: 0073 7-9 VTD: 0074 7-10 VTD: 0075 7-11
VTD: 0076 8-1 VTD: 0086 5-11 EFFINGHAM COUNTY VTD: 0001 FAULKVILLE 1 VTD: 0002 GUYTON 2A VTD: 0003 HODGEVILLE 2B EMANUEL COUNTY VTD: 0001 RED OAK VTD: 0002 OAK PARK VTD: 0004 SWAINSBORO VTD: 0005 SUMMERTOWN VTD: 0006 STILLMORE VTD: 0007 NORRISTOWN VTD: 0008 BLUNDALE VTD: 0009 CANOOCHEE VTD: 0010 GARFIELD VTD: 0011 COWFORD VTD: 0012 NUNEZ VTD: 0013 TWIN CITY VTD: 0014 ADRIAN JENKINS COUNTY VTD: 8201 BIRDSVILLE VTD: 8202 MILLEN VTD: 8203 RED HILL VTD: 8204 OAK HILL VTD: 8205 LANIER VTD: 8206 FOUR POINTS JOHNSON COUNTY VTD: 0001 RIVER VTD: 0002 BRAY VTD: 0003 IVEY VTD: 0004 PRICE VTD: 0005 POWELL VTD: 0006 KITE
VTD: 0007 MOORES CHAPEL VTD: 0008 MEEKS
VTD: 0009 ADRIAN VTD: 0010 SMITH
VTD: 0011 SPANN

THURSDAY, FEBRUARY 20, 1992

1233

VTD: 0012 WRIGHTSVILLE (Part) Tract: 9802. Block(s): 116, 117, 118, 119, 120, 121, 122, 123, 125, 126, 127, 128, 155, 156, 157, 158, 159, 160, 161, 162, 163, 166, 167, 196, 197, 201, 202, 203, 204, 206, 207, 208, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222B, 223, 226B, 226C, 227, 230B, 231B, 246, 251A, 251B, 252, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 327, 328, 333, 334, 335, 336, 337, 338, 339, 340, 341A, 341B, 342A, 342B, 343A, 343B, 344, 345A, 345B, 346A, 346B, 347, 348, 349, 350, 351, 352A, 352B, 352C, 353A, 353B, 354A, 354B, 355, 356A, 356B, 357, 358, 359, 360, 361, 362, 363, 364, 365A, 365B, 365C, 366, 367A, 367B, 368, 401, 402, 403, 404A, 404B, 405B, 406A, 406B, 406C, 407, 410, 411, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432A, 432B, 433, 434A, 434B, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445A, 445B, 446, 447A, 447B, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461
LAURENS COUNTY VTD: 0001 NATIONAL GUARD (Part) Tract: 9503. Block(s): 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248 Tract: 9505. Block(s): 125A, 126A, 347A, 348A Tract: 9508. Block(s): 101, 201, 202, 203, 204, 205, 206, 207, 314A Tract: 9509. Block(s): 202, 203, 204, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 222, 226, 228, 229, 230, 231, 232, 233, 251, 252 VTD: 0002 SHAMROCK (Part) Tract: 9502. Block(s): 326A, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433A, 433B, 433C, 433D, 434, 435A, 436, 437, 438, 439, 440, 441 Tract: 9504. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 215, 221, 222, 223, 224 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 114, 115, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 126B, 224, 225, 226, 227, 228, 230, 231, 232, 233 VTD: 0003 CALHOUN PARK (Part)
Tract: 9502.
Block(s): 326B, 327A, 329A, 336A, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349A, 350, 351, 352, 353, 354, 355A, 355B
Tract: 9503.
Block(s): 107A, 108A, 109, 125, 126, 127, 128, 129, 130, 131, 132
Tract: 9504.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,

1234

JOURNAL OF THE HOUSE,

316, 317, 318, 319, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440 VTD: 0004 BETHSADIA (Part) Tract: 9502. Block(s): 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172A, 173, 178, 179, 180, 182, 183, 184, 185, 186, 187, 188, 241, 242, 243, 244, 245, 246, 247A, 247B, 247C, 247D, 247E, 247F, 248, 249, 250, 251, 252, 253, 254, 255, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326C, 327B, 328, 329B, 330, 331, 332, 333, 334, 335, 336B, 349B, 356, 357, 433E, 433F, 435B Tract: 9503. Block(s): 101A, 101B, 101C, 102, 103, 104A, 104B, 105, 106, 107B, 108B, 110, 111, 112, 113, 114, 115A, 115B, 116, 117A, 117B, 118A, 118B, 119, 120A, 120B, 121 Tract: 9505. Block(s): 229, 301, 302, 314, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 340, 341, 342, 348B, 349, 350, 351, 352, 354, 355, 356, 357, 358, 359, 360, 361 Tract: 9508. Block(s): 303B, 313B, 314B, 314C, 315A, 315B, 316B, 317, 322, 328A, 328B, 328C, 329, 330A, 330B, 331A, 331B, 331C, 332A, 332B, 332C, 333, 334, 335, 336A, 336B, 337A, 337B, 338A, 338B, 339, 340A, 340B, 340C, 341A, 341B, 341C, 342, 343, 344, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 VTD: 0005 BAILEY VTD: 0006 BUCKEYE VTD: 0007 BURCH VTD: 0008 BURGAMY VTD: 0009 CADWELL VTD: 0010 CARTER VTD: 0012 HAMPTON MILL VTD: 0014 JACKSON VTD: 0015 LOWERY VTD: 0016 OCONEE VTD: 0017 PINETUCKY VTD: 0018 REEDY SPRINGS VTD: 0019 ROCKLEDGE VTD: 0020 SMITH LIBERTY COUNTY VTD: 0001 RICEBORO VTD: 0002 HINESVILLE VTD: 0003 DORCHESTER VTD: 0004 WALTHOURVILLE AND FLEMING WEST VTD: 0006 FLEMING EAST VTD: 0007 GUM BRANCH VTD: 0008 MCINTOSH
VTD: 0009 2-0009
VTD: 0010 2-0010
VTD: 0011 2-0011
VTD: 0012 2-0012
SCREVEN COUNTY

THURSDAY, FEBRUARY 20, 1992

1235

VTD: 0004 ARNETT SCHOOL VTD: 0005 ROCKY FORD VTD: 0006 BAY BRANCH VTD: 0007 HILTONIA WILKINSON COUNTY VTD: 0004 GRIFFIN VTD: 0005 HIGH HILL
District: 2
TALBOT COUNTY TAYLOR COUNTY
MARION COUNTY CHATTAHOOCHEE COUNTY
MACON COUNTY
STEWART COUNTY WEBSTER COUNTY
QUITMAN COUNTY TERRELL COUNTY
RANDOLPH COUNTY CLAY COUNTY
CALHOUN COUNTY EARLY COUNTY BAKER COUNTY MILLER COUNTY
SEMINOLE COUNTY BIBB COUNTY
VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0009 EM09 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0016 GODFREY 07 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0043 MACON 02 VTD: 0044 MACON 01 VTD: 0046 WA 02 (Part)
Tract: 0136.02 Block(s): 302, 305, 306, 307, 308, 310, 311, 312, 313, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328
BROOKS COUNTY VTD: 0001 BARNEY

1236

JOURNAL OF THE HOUSE,

VTD: 0003 DIXIE VTD: 0005 GROOVERVILLE VTD: 0007 MORVEN VTD: 0009 QUITMAN (Part)
Tract: 9903. Block(s): 278, 279
Tract: 9904. Block(s): 103, 104, 105, 106, 107, 108, 119, 121, 122, 123, 124, 125, 126, 127, 128, 129, 138, 139, 140, 141, 142, 143, 146, 147A, 147B, 148B, 153, 154, 155A, 155B, 156, 157A, 157B, 158A, 158B, 159A, 159B, 160, 161, 175, 176, 177, 220, 224, 225, 226, 227, 230, 231, 232, 233, 234B, 242, 243, 244, 245, 246, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 301, 302, 303, 304, 305, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 326, 331, 332, 334, 335, 336, 338, 339, 340, 341, 342, 345, 359, 374, 378
Tract: 9905. Block(s): 119, 120, 130, 131, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 149, 150, 168B, 169A, 169B, 169C, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 190B, 191A, 191B, 192, 196, 197, 204, 205, 206, 208, 209, 210, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 230, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 313D, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 335, 336A, 336B, 337, 338, 339A, 339B, 339C, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354A, 354B, 355, 356, 357A, 357B, 358, 359, 360
COLQUITT COUNTY VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 433, 523, 524, 525, 616, 617 Tract: 9707. Block(s): 211, 212, 222, 223, 224, 225, 226, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 252, 253, 254, 255, 256, 257, 258, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 325, 326, 327, 328, 330, 331, 332, 333, 334, 342, 343, 404A, 404B, 405, 406A, 406B, 407, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 427 Tract: 9708. Block(s): 101, 102, 103, 104, 105, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 141, 142, 143, 144, 145, 201, 202, 203, 204, 205, 206, 207, 208, 209 VTD: 0013 ROBINSON VTD: 0017 HOPEWELL VTD: 0018 SHAW
CRAWFORD COUNTY
VTD: 0002 2
VTD: 0005 5
VTD: 001A 1A
VTD: 001B IB
CRISP COUNTY

THURSDAY, FEBRUARY 20, 1992

1237

VTD: 0001 CORDELE DECATUR COUNTY
VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part)
Tract: 9703. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 319, 320, 321, 322,
323, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349,
350, 353, 354, 355, 356, 357, 371, 374, 375, 376, 377, 378, 379, 380, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412,
413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423B, 424, 425, 429, 430, 431, 432, 433, 434, 435, 437,
438, 439, 442, 443, 444, 445, 446, 447 Tract: 9704.
Block(s): 105, 106, 107, 114, 115, 116, 117, 118, 121, 122, 123, 124A, 124B, 125, 128, 211, 212, 213, 214, 215, 216, 217, 218, 219,
220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245,
246, 247, 301B, 302A, 302C, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322,
323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 340, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420,
421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449 Tract: 9705. Block(s): 216
Tract: 9706.
Block(s): 101, 102, 103, 104, 105, 106, 107, 109, 110, 111, 112, 114, 115, 123, 124, 125, 219, 305, 306, 307, 402A, 402B, 403B, 403C, 417, 418, 419A, 419B, 419C, 420, 421B, 422A, 422B, 422C
Tract: 9707.
Block(s): 101, 102, 103, 115, 116, 117, 118, 122, 123, 136, 137, 138, 139, 144, 145, 146, 147, 148, 149, 193, 194
VTD: 0005 BELL VTD: 0008 FACEVILLE VTD: 0009 FOWLSTOWN VTD: 0010 KENDRICK VTD: 0013 RECOVERY DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671 DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER

1238

JOURNAL OF THE HOUSE,

VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0027 SYLVANDALE ELEMENTARY SCH GRADY COUNTY VTD: 0010 DUNCANVILLE VTD: 0015 HIGDON VTD: 0035 RAGAN VTD: 0050 CAIRO 4 VTD: 0060 WHIGHAM HARRIS COUNTY VTD: 0005 HAMILTON VTD: 0011 WAVERLY HALL HOUSTON COUNTY VTD: 0014 N13 LOWNDES COUNTY VTD: 0005 GARDEN CENTER VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0007 LOMAX-PINEVALE VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0015 AZALEA CITY CHURCH OF GOD (Part)
Tract: 0109. Block(s): 337A, 337B, 338, 339, 340, 341, 342A, 342B, 343A, 343B, 344A, 344B, 345, 346A, 346B, 346C
Tract: 0113. Block(s): 111B, 116B
Tract: 0114. Block(s): 309A, 309C, 403A, 403B, 403C, 403D, 403E, 404, 405B, 405C, 405D, 406, 407A, 407B, 408, 409A, 409B, 410, 411, 412, 413A, 413B, 413C, 414A, 414B, 415A, 415B, 416
VTD: 0017 SHILOH FIRE STATION VTD: 0019 CRAIG RECREATION CENTER (Part)
Tract: 0109. Block(s): 211, 212B, 213, 217B, 218, 219, 220, 221, 222, 223B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 347A, 347B, 347C, 348, 349, 350, 351
Tract: 0113. Block(s): 109A, 109B, 110, 111A, 112A, 116A, 117, 205B, 310, 311, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 701, 702, 703, 704, 705, 706, 707, 708, 709
Tract: 0114.
Block(s): 306A, 306B, 306C, 307, 308, 417A, 417C, 439, 440A, 440B, 441, 442
VTD: 0021 REMERTON CITY HALL
MERIWETHER COUNTY
VTD: 0001 LONE OAK

THURSDAY, FEBRUARY 20, 1992

1239

VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0007 GILL ONE VTD: 0008 GILL TWO VTD: 0010 DURAND VTD: 0011 ODESSADALE-SEVENTH VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH MITCHELL COUNTY VTD: 0010 CAMILLA NORTH VTD: 0015 CAMILLA SOUTH VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0040 PELHAM MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3 PIKE COUNTY VTD: 1401 CONCORD VTD: 1407 WILLIAMSON SPALDING COUNTY VTD: 0001 GRIFFIN ONE VTD: 0002 GRIFFIN TWO VTD: 0006 GRIFFIN SIX (Part)
Tract: 1607. Block(s): 504, 505, 509, 510, 511, 512, 513, 514, 515, 517A
Tract: 1608.
Block(s): 430, 445, 446, 451, 452, 453
Tract: 1612.
Block(s): 207, 208, 209, 215, 216, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 305, 306, 307, 311, 313, 314, 320, 322, 323, 326, 327, 328, 405A
VTD: 0015 ORRS WEST
SUMTER COUNTY

1240

JOURNAL OF THE HOUSE,

VTD: 0005 LESLIE 15 VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26 VTD: 0035 AMERICUS 27 (Part)
Tract: 9502. Block(s): 118A, 118B, 118C, 120B, 121A, 121B, 122B, 123A, 123B, 124B, 140A, 141A, 141B, 141C, 141D, 142, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 148A, 148B, 148C, 149A, 149B, 149C, 156, 157, 158B, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 301A, 301B, 301C, 301D, 301E, 302, 303A, 303B, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B, 321A, 321B, 322, 323, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430
Tract: 9503. Block(s): 135A, 135B, 135C, 135D, 136, 137A, 137B, 138, 139A, 139B, 140A, 140B, 141, 142A, 142B, 143, 144, 215A, 215C, 217E, 217F, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 519A, 520A, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 537, 538, 539, 540, 541, 542, 545, 546
Tract: 9504. Block(s): 319, 320
Tract: 9505.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201, 202, 203, 204A, 204B, 205, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217A, 217B, 217C, 218, 219, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 230, 231, 232A, 232B, 233A, 233B, 233C, 234, 235, 236, 237, 238, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 326B, 327, 328, 329, 331, 332, 333, 334
Tract: 9506.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328
Tract: 9507.
Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217,

THURSDAY, FEBRUARY 20, 1992

1241

218, 219, 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407B, 407C, 408A, 408B, 409A, 409B, 409C, 409D, 409E, 409F, 409G, 410, 411, 412, 413, 414A, 414B, 414C, 414D, 415A, 415B, 415C, 415D, 416A, 416B, 416C, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435 THOMAS COUNTY VTD: 0002 BALFOUR VTD: 0003 BOSTON VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY VTD: 0015 HARPER VTD: 0016 SUSIE DUNLAP TROUP COUNTY VTD: 0004 LAGRANGE FOUR VTD: 0009 MOUNTVILLE (Part) Tract: 9605. Block(s): 123, 124, 126, 127, 129, 130, 131, 132, 164B, 165, 166, 167, 168, 169, 170, 171, 172, 173, 187, 188, 189, 190, 191, 192, 193, 194, 195 Tract: 9606. Block(s): 101, 102, 103, 104, 105, 106, 107, 109, 110, 111, 112B, 113, 120, 121, 122, 123, 124, 125, 126, 134, 135, 136, 137, 138, 143, 144, 158, 159, 160, 161, 162, 163 Tract: 9611. Block(s): 101, 104 VTD: 0015 HIGHLANDS (Part) Tract: 9606. Block(s): 201A, 202, 203, 204, 207, 208, 213, 214A, 215A, 216, 217, 232, 233, 234 Tract: 9607. Block(s): 301, 303, 304, 305, 306, 307B, 308A, 308B, 308C, 309, 315A, 315B, 316A, 316C, 320A, 337, 338 UPSON COUNTY VTD: 0003 JUG DISTRICT VTD: 0004 LINCOLN PARK VTD: 0007 SALEM VTD: 0009 TOWN DISTRICT
District: 3
HARALSON COUNTY CARROLL COUNTY HENRY COUNTY BUTTS COUNTY HEARD COUNTY LAMAR COUNTY MONROE COUNTY JONES COUNTY BALDWIN COUNTY
VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702.

1242

JOURNAL OF THE HOUSE,

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 218, 220, 221, 222, 223, 224B, 319D, 320B, 321C, 325B, 327B, 328B, 329B, 330D, 331, 332B
Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 212, 213, 214C, 220E, 225B, 226B, 227, 228, 229B
VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C, 230C, 230D, 230E, 231B, 231C, 232B, 233B, 233C Tract: 9704. Block(s): 212D, 212E, 213B, 213C, 214B, 307, 308C, 308D, 309B, 310B, 311C, 311D, 311E, 311F Tract: 9705. Block(s): 201B, 202B, 212B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325B, 326C, 326D, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343B, 344A, 344B, 346C, 346D, 347, 348, 350B, 356B, 359B, 361, 362B, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385 Tract: 9708. Block(s): 201, 202, 203, 204, 205, 210, 401, 402, 403, 404, 405, 410, 411, 412, 413, 414
BIBB COUNTY VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 (Part) Tract: 0136.02 Block(s): 214, 216, 217, 218, 301, 303, 304, 314, 315, 408, 409, 410, 411, 412, 413 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04
COWETA COUNTY
VTD: 0001 FIRST (SENIOA)
VTD: 0002 SECOND (MORELAND)
VTD: 0003 THIRD (SMOKEY ROAD)
VTD: 0004 FOURTH (HANDY)
VTD: 0008 NINTH (GRANTVILLE)

THURSDAY, FEBRUARY 20, 1992

1243

VTD: 0009 TENTH (HARALSON) VTD: 0010 ELEVENTH (HURRICANE) VTD: 0012 THIRTEENTH (RAYMOND) VTD: 0013 FOURTEENTH (TURIN) VTD: 0014 FIFTH (NEWMAN) VTD: 0015 FIFTEENTH (NEWNAN) VTD: 0016 SIXTEENTH (NEWNAN) VTD: 0017 SEVENTEENTH (NEWNAN) VTD: 0018 EIGHTEENTH (NEWNAN) VTD: 0019 NINETEENTH (NEWNAN) VTD: 0020 TWENTIETH (NEWNAN) CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 FAYETTE COUNTY VTD: 0002 BROOKS HARRIS COUNTY VTD: 0001 CATAULA VTD: 0002 ELLERSLIE VTD: 0003 FLAT SHOALS VTD: 0004 GOODMAN VTD: 0006 LOWER 19TH VTD: 0007 PINE MOUNTAIN VALLEY VTD: 0008 SKINNER VTD: 0009 UPPER 19TH VTD: 0010 VALLEY PLAINS VTD: 0012 WHITESVILLE JASPER COUNTY VTD: 0003 HILLSBORO VTD: 0004 MARTIN BURNEY VTD: 0005 THOMPSON AND BARNES MERIWETHER COUNTY VTD: 0002 LUTHERVILLE VTD: 0006 CHALYBEATE AND LOVE VTD: 0009 WARM SPRINGS MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON
VTD: 0030 ARNOLD
VTD: 0031 BEALLWOOD
VTD: 0032 DOUBLE CHURCHES
VTD: 0033 FORTSON
VTD: 0034 21A

1244

JOURNAL OF THE HOUSE,

VTD: 0035 32B NEWTON COUNTY
VTD: 0004 BREWERS VTD: 0006 CEDAR SHOALS VTD: 0007 DOWNS VTD: 0012 ROCKY PLAINS VTD: 0013 STANSELL VTD: 0014 LEGUIN PIKE COUNTY VTD: 1402 HOLLONVILLE VTD: 1403 MEANSVILLE VTD: 1404 MOLENA VTD: 1405 SECOND VTD: 1406 SPRINGS VTD: 1408 ZEBULON ROCKDALE COUNTY VTD: 0002 FIELDSTONE VTD: 0003 FIAT SHOALS VTD: 0004 HONEY CREEK VTD: 0006 LORRAINE VTD: 0007 MAGNET VTD: 0010 ROCKDALE VTD: 0012 SMYRNA VTD: 0013 STANTON VTD: 0015 BARKSDALE SPALDING COUNTY VTD: 0003 GRIFFIN THREE VTD: 0005 GRIFFIN FIVE VTD: 0006 GRIFFIN SIX (Part)
Tract: 1607. Block(s): 501, 502, 503, 506, 507, 508, 516A, 518, 519, 560, 561, 562
Tract: 1608. Block(s): 245, 246, 247, 248, 249, 250, 303, 304, 305, 306, 307, 308, 309, 310, 311, 447, 448, 449, 450
Tract: 1612. Block(s): 201, 202, 203, 204, 205, 206, 210, 211, 212, 213, 214, 223, 224, 225, 301, 302, 303, 304, 308, 309, 310, 315, 316, 317, 319, 321A, 324, 325, 329, 330, 406A
VTD: 0007 GRIFFIN SEVEN VTD: 0008 AFRICA VTD: 0009 AKIN VTD: 0010 CABIN VTD: 0011 EAST GRIFFIN VTD: 0012 EXPERIMENT VTD: 0013 LINE CREEK VTD: 0014 MOUNT ZION VTD: 0016 UNION TROUP COUNTY VTD: 0001 LAGRANGE ONE VTD: 0002 LAGRANGE TWO VTD: 0003 LAGRANGE THREE VTD: 0005 WEST POINT
VTD: 0006 HOGANSVILLE
VTD: 0007 EAST VERNON
VTD: 0008 ROUGH EDGE
VTD: 0009 MOUNTVILLE (Part)
Tract: 9605.

THURSDAY, FEBRUARY 20, 1992

1245

Block(s): 101, 102, 103, 104, 125, 128, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186
Tract: 9606. Block(s): 108, 127, 141
VTD: 0010 MCLENDON VTD: 0011 LONG CANE VTD: 0012 WEST VERNON VTD: 0013 GRAY HILL VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS (Part)
Tract: 9606. Block(s): 235
Tract: 9607. Block(s): 302, 307A, 316B, 317A, 317B, 317C, 317D, 318, 319, 320B, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 410, 411, 412, 413, 414, 415A, 415B, 415C, 416, 417, 418, 419, 420A, 420B, 420C, 501
UPSON COUNTY VTD: 0001 ATWATER VTD: 0002 FLINT DISTRICT VTD: 0005 REDBONE DISTRICT VTD: 0006 REEVES VTD: 0008 THE ROCK VTD: 0010 YATESVILLE
District: 4
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0005 AUSTIN VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0037 DUNWOODY VTD: 0040 EMBRY HILLS VTD: 0041 EMORY VTD: 0043 EVANSDALE VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD

1246

JOURNAL OF THE HOUSE,

VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0057 HUNTLEY HILLS VTD: 0058 IDLEWOOD VTD: 0061 JOHNSON ESTATES VTD: 0062 JOLLY VTD: 0064 KINGSLEY VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: 0099 PEACHTREE VTD: OOAC PINE LAKE VTD: OOAD PLEASANTDALE VTD: OOAH REDAN NORTH VTD: OOAK REHOBOTH VTD: GOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAW SHALLOWFORD VTD: OOAX SILVER HILL VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBQ VANDERLYN VTD: OOBR VERMACK VTD: OOBU WARREN VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER
VTD: OOCB WINNONA
FULTON COUNTY
VTD: OOK5 AP01
VTD: OON8 NC01
VTD: OOP1 NCOS

THURSDAY, FEBRUARY 20, 1992

1247

VTD: OOP2 NC04 VTD: OOP3 NC05 VTD: OOP4 NC06 VTD: OOPS NC07 VTD: OOP? NC09 VTD: OOP9 NCll VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOU7 SS01 VTD: OOW3 SS15 VTD: OOW7 SS20 VTD: 00X3 AP02 VTD: 00X6 SS17 GWINNETT COUNTY VTD: 0002 1295B VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0011 408B VTD: 0013 408D VTD: 0014 408E VTD: 0015 408F VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0034 406A VTD: 0035 406B VTD: 0036 406C VTD: 0037 406D VTD: 0038 406E VTD: 0039 406F VTD: 0040 406G VTD: 0041 406H VTD: 0042 4061 VTD: 0043 406J VTD: 0045 571A VTD: 0050 405H VTD: 0051 408H VTD: 0054 1578D VTD: 0057 406K VTD: 0058 406L VTD: 0059 406M VTD: 0060 406N VTD: 0061 4060 VTD: 0064 4051 VTD: 0065 4081
VTD: 0066 408J
VTD: 0070 406P
VTD: 0071 406Q
VTD: 0072 571C
VTD: 0075 406R

1248

JOURNAL OF THE HOUSE,

VTD: 0076 571D VTD: 0077 571B
District: 5
CLAYTON COUNTY VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0017 ADAMSON MORROW 1 VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0033 RIVERDALE 8 VTD: 0041 LAKE CITY 1
DEKALB COUNTY VTD: 0038 EAST LAKE VTD: 0039 EASTLAND VTD: 0042 EPWORTH VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON VTD: OOBD SOUTH DECATUR VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH
FAYETTE COUNTY VTD: 0001 BLACKROCK VTD: 0003 EUROPE VTD: 0007 HOPEFUL VTD: 0009 RAREOVER VTD: 0010 SANDY CREEK VTD: 0023 KENWOOD
FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 U VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0023 2H VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L VTD: 0030 2R

THURSDAY, FEBRUARY 20, 1992

1249

VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0046 3H VTD: 0047 3J VTD: 0048 3K VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0058 4D VTD: 0059 4E VTD: 0061 4G VTD: 0062 4H VTD: 0064 4K VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0077 6A VTD: 0078 6B VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D VTD: 0094 7F VTD: 0096 7H
VTD: 0097 7J
VTD: 0098 7K
VTD: 0099 7L
VTD: OOA1 7M
VTD: OOA2 7N

1250

JOURNAL OF THE HOUSE,

VTD: OOA3 7P VTD: OOA4 7R VTD: OOA5 7S VTD: OOA8 8A VTD: OOA9 8B VTD: GOBI 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L VTD: OOC1 8M VTD: OOC2 8N VTD: OOC3 8P VTD: OOC4 8R VTD: OOC7 8V VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D VTD: OOF2 10E VTD: OOF3 10F VTD: OOF4 10G VTD: OOF5 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOF9 10M VTD: OOG1 ION VTD: OOG2 11A VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOG8 11G VTD: OOG9 11H VTD: OOH1 11J VTD: OOH2 11K
VTD: OOH3 11L
VTD: OOH4 11M
VTD: OOH5 UN
VTD: OOH6 IIP
VTD: OOH7 11R

THURSDAY, FEBRUARY 20, 1992

1251

VTD: OOH9 12A VTD: OOJ1 12B VTD: OOJ2 12C VTD: OOJ3 12D VTD: 00J4 12E VTD: OOJ5 12F VTD: OOJ6 12G VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK1 12L VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P VTD: OOK6 CP01 VTD: OOK7 CP02 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL6 EP01 VTD: OOL7 EP02 VTD: OOL8 EPOS VTD: OOM1 EP05 VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON3 FA01 VTD: OON4 HP01 VTD: OON5 HP02 VTD: OOR1 PA01 VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOT5 SC12 VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: OOU5 SC21 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: 00X7 9T VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SC07
District: 6
DOUGLAS COUNTY

1252

JOURNAL OF THE HOUSE,

CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0004 FOREST PARK 3 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0025 PAN HANDLE VTD: 0027 RIVERDALE 2 VTD: 0028 RIVERDALE 3 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 VTD: 0042 JONESBORO 11
COBB COUNTY VTD: 0002 AUSTELL VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0014 CHESTNUT RIDGE VTD: 0015 CLARKDALE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0021 EASTSIDE VTD: 0024 ELIZABETH 3 VTD: 0025 ELIZABETH 4 VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0038 GARRISON MILL VTD: 0042 GRITTERS 4 VTD: 0043 GRITTERS 5 VTD: 0045 GRITTERS 7 VTD: 0046 HOWELLS 1
VTD: 0047 HOWELLS 2
VTD: 0048 HOWELLS 3
VTD: 0052 MABLETON 1
VTD: 0053 MABLETON 2
VTD: 0054 MABLETON 3

THURSDAY, FEBRUARY 20, 1992

1253

VTD: 0055 MABLETON 4 VTD: 0057 MARIETTA 1 VTD: 0062 MARIETTA 6 VTD: 0063 MARIETTA 7 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0079 PARKAIRE VTD: 0080 PEBBLEBROOK VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA8 SWEETWATER 3 VTD: OOA9 VININGS 1 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3 VTD: OOB3 CRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10 VTD: OOC2 BIRNEY 2 COWETA COUNTY VTD: 0005 SIXTH (SHARPSBURG) VTD: 0006 SEVENTH (PALMETTO) VTD: 0007 EIGHTH (CEDAR CREEK) VTD: 0011 TWELFTH (PANTHER CREEK) VTD: 0021 TWENTY-FIRST (WHITE OAK) VTD: 0022 TWENTY-SECOND (MADRAS) FAYETTE COUNTY VTD: 0004 FAYETTEVILLE EAST VTD: 0005 FAYETTEVILLE WEST VTD: 0006 FLINT VTD: 0008 MORNING CREEK
VTD: 0011 SHAKERAG EAST
VTD: 0012 SHAKERAG WEST
VTD: 0013 STARRSMILL
VTD: 0014 WHITEWATER
VTD: 0015 WOOLSEY

1254

JOURNAL OF THE HOUSE,

VTD: 0016 MCINTOSH VTD: 0017 OAK GROVE AND FLAT CREEK AND PART BRAELINN VTD: 0018 KEDRON VTD: 0019 ABERDEEN VTD: 0020 WINDGATE VTD: 0022 BRAELINN VTD: 0024 BANKS VTD: 0025 HARPS CROSSING VTD: 0026 WILLOW POND FULTON COUNTY VTD: OON7 MP01 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR7 RW05 VTD: OOT6 SC13 VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV1 SS04 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: 00V8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14 VTD: OOW4 SS16 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW8 SS21 VTD: OOW9 SS22 VTD: 00X5 SS23 VTD: OOY2 RW09
District: 7
DADE COUNTY WALKER COUNTY CATOOSA COUNTY WHITFIELD COUNTY GORDON COUNTY CHATTOOGA COUNTY FLOYD COUNTY POLK COUNTY PAULDING COUNTY COBB COUNTY
VTD: 0001 ACWORTH VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0009 BIRNEY 1 VTD: 0013 CHEATHAM HILL 1 VTD: 0017 DOBBINS 1

THURSDAY, FEBRUARY 20, 1992

1255

VTD: 0018 DOBBINS 2 VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 VTD: 0023 ELIZABETH 2 VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 VTD: 0039 GRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0044 GRITTERS 6 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0056 MACLAND VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 VTD: 0061 MARIETTA 5 VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0076 OREGON 2 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0089 POWDER SPRINGS VTD: 0090 RED ROCK VTD: OOA1 SMYRNA 6 VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOB6 KEMP VTD: OOB7 GRITTERS 9 VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B VTD: OOC1 OREGON 5
District: 8
BLECKLEY COUNTY DODGE COUNTY
SCHLEY COUNTY PULASKI COUNTY
TELFAIR COUNTY WILCOX COUNTY
JEFF DAVIS COUNTY LEE COUNTY TURNER COUNTY
BEN HILL COUNTY WORTH COUNTY COFFEE COUNTY
IRWIN COUNTY TIFT COUNTY
BERRIEN COUNTY WARE COUNTY

1256

JOURNAL OF THE HOUSE,

ATKINSON COUNTY COOK COUNTY CLINCH COUNTY LANIER COUNTY CHARLTON COUNTY ECHOLS COUNTY BIBB COUNTY
VTD: 0007 EM07 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0046 WA 02 (Part)
Tract: 0136.02 Block(s): 309
BROOKS COUNTY VTD: 0002 BRIGGS VTD: 0004 DRY LAKE VTD: 0006 HICKORY HEAD VTD: 0008 WANKIN VTD: 0009 QUITMAN (Part) Tract: 9902. Block(s): 295 Tract: 9903. Block(s): 292, 293 Tract: 9904. Block(s): 117, 118, 120, 144, 145, 148A, 149, 150, 151, 152, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 178, 179, 180, 181, 182, 217A, 217B, 218, 219A, 219B, 228, 234A, 235A, 235B, 236, 237A, 237B, 238, 239, 240, 241, 247, 306, 307, 319, 320, 321, 322, 323, 324, 325, 327, 328, 329, 330, 333, 337, 343, 344, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 375, 376, 377, 379, 380 Tract: 9905. Block(s): 147A, 147B, 147C, 147D, 148, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168A, 170A, 170B, 170C, 193, 194, 195, 201, 202, 203, 207, 211, 212, 213, 227, 228, 229, 231, 232, 233, 334, 361, 362 VTD: 0010 TALLOAKS AND WILLIAMS
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK VTD: 0002 CROSLAND VTD: 0003 DOERUN VTD: 0004 FUNSTON VTD: 0005 HAMILTON VTD: 0006 HARTSFIELD VTD: 0007 LEE VTD: 0008 MILL CREEK
VTD: 0009 MONK
VTD: 0010 MOULTRIE (Part)
Tract: 9703.
Block(s): 215A, 215B, 216
Tract: 9704.
Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 136A, 138A, 139, 140, 141, 142, 143, 201A, 203A, 204, 205, 206, 207,

THURSDAY, FEBRUARY 20, 1992

1257

208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 335A, 337, 340, 341, 342 Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135,
136, 137, 138, 139, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 213, 214, 215, 216, 217, 218, 219, 220, 221, 227, 228, 229, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 301, 302,
308, 309, 310, 311, 312, 313, 321, 322, 323, 324, 329, 335, 336, 337, 338, 339, 340, 341, 401, 402A, 402B, 403A, 403B, 408, 409, 410, 411, 412, 413, 423, 424, 425, 426, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A,
519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618,
619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627,
628, 629, 630 Tract: 9708.
Block(s): 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 139, 140, 146, 147, 148, 210, 211, 212, 213, 214, 215,
216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228,
229, 301A, 301B, 301C, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402,
403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415,
416, 417, 418 Tract: 9709.
Block(s): 129A, 131, 134, 135, 136, 301A, 325B VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0014 THIGPEN VTD: 0015 TY TY VTD: 0016 WARRIOR VTD: 0019 AUTREYVILLE CRISP COUNTY VTD: 0002 LISTONIA VTD: 0003 HATLEY VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY DECATUR COUNTY VTD: 0002 BAINBRIDGE (Part)
Tract: 9701. Block(s): 177, 179, 180, 181, 182, 183, 186, 187, 188, 189, 190, 191, 192, 193
Tract: 9703. Block(s): 267B, 284A, 284B, 285, 286, 310, 311, 312, 313, 314, 315, 316, 317, 318, 324, 351, 352, 358, 359, 360, 361, 362, 363, 364, 365,

1258

JOURNAL OF THE HOUSE,

366, 367, 368, 369, 370, 372, 373, 381, 382, 383A, 383B, 384, 385, 386, 387, 388, 423A, 426, 427, 428, 436, 440, 441 Tract: 9704. Block(s): 101, 102, 103, 104A, 104B, 108, 109, 110, 111, 112, 113, 119, 120, 126A, 126B, 127, 201, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 301A, 302B, 339 Tract: 9705. Block(s): 214, 215, 217, 218, 233, 234, 238 Tract: 9706. Block(s): 108, 113, 116, 117, 118, 119, 120, 121, 122, 126, 127, 128, 129, 130, 131, 132, 133, 134, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 301, 302, 303, 304, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 401, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 421A Tract: 9707. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 119, 140, 141, 142, 143, 195, 196, 197 VTD: 0003 WEST BAINBRIDGE VTD: 0004 BELCHER VTD: 0006 BRINSON VTD: 0007 CLIMAX VTD: 0011 PARKER VTD: 0012 PINE HILL DOOLY COUNTY VTD: 0002 SIXTH 1012 VTD: 0004 DRAYTON 633 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE GRADY COUNTY VTD: 0005 BLOWING CAVE VTD: 0020 LIMESINK & SPRINGHILL VTD: 0025 MIDWAY VTD: 0030 PINEPARK VTD: 0040 SPENCE VTD: 0045 WOODLAND VTD: 0055 CAIRO 5 HOUSTON COUNTY VTD: 0001 RUMB
VTD: 0002 MILL
VTD: 0003 MSSH
VTD: 0004 RECR
VTD: 0006 RUSS
VTD: 0007 PKWD

THURSDAY, FEBRUARY 20, 1992

1259

VTD: 0008 NSJH VTD: 0009 LII VTD: 0010 UII
VTD: 0011 10TH VTD: 0012 CENT VTD: 0013 ANNX
VTD: 0015 12TH VTD: 0016 TOWN VTD: 0017 WRJH
LOWNDES COUNTY VTD: 0001 HAHIRA
VTD: 0002 MINEOLA VTD: 0003 MOODY MASONIC
VTD: 0004 MATHIS AUDITORIUM VTD: 0008 NAYLOR COURTHOUSE
VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK
VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH VTD: 0014 SOUTHSIDE FIRE DEPARTMENT
VTD: 0015 AZALEA CITY CHURCH OF GOD (Part) Tract: 0114. Block(s): 309B, 310A, 311, 402A, 402B, 403F, 405A, 405E, 405F, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 443, 444, 445, 446, 447, 503A, 504A, 505A, 506A
VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0018 NEW COVENANT CHURCH
VTD: 0022 EVANGEL CATHEDRAL MITCHELL COUNTY
VTD: 0005 BACONTON VTD: 0020 COTTON AND HINSONTON VTD: 0035 PEBBLE CITY
VTD: 0045 RAIFORD VTD: 0050 SALE CITY PEACH COUNTY
VTD: 0020 BYRON SUMTER COUNTY
VTD: 0025 CONCORD NEW 26
VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 115A, 115B, 115C, 115D, 116A, 116B, 117A, 117B, 119A, 119B, 120A, 122A, 124A, 125, 126, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, HOB, 150, 151, 152, 158A, 159A, 317, 318, 319, 320, 402, 403, 404, 405, 406, 407, 408 Tract: 9503.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 134, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 215B, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217G, 217H, 217J, 218A, 218B, 218C, 219,
221, 222, 223, 224, 225, 501, 502, 503, 504, 505, 506, 507, 508,
509, 510, 511, 512, 513, 514A, 514B, 515, 516, 517, 518, 519B, 520B, 520C, 535B, 536, 543, 544

1260

JOURNAL OF THE HOUSE,

Tract: 9505. Block(s): 206, 207
VTD: 0040 CHAMBLISS 28 VTD: 0045 ANDERSONVILLE THOMAS COUNTY VTD: 0001 EASTSIDE VTD: 0004 OCHLOCHNEE VTD: 0005 MEIGS VTD: 0006 COOLIDGE VTD: 0007 PAVO VTD: 0009 BARWICK VTD: 0010 ELLABELLE VTD: 0011 MERRIVILLE VTD: 0014 PATTEN VTD: 0017 FAIRGROUNDS VTD: 0018 CENTRAL VTD: 0019 JERGER TWIGGS COUNTY VTD: 0001 BLUFF VTD: 0003 HIGGSVILLE AND SHADY GROVE VTD: 0006 PEARSON 1 VTD: 0011 PEARSON 2
District: 9
RABUN COUNTY MURRAY COUNTY FANNIN COUNTY TOWNS COUNTY UNION COUNTY GILMER COUNTY HABERSHAM COUNTY WHITE COUNTY LUMPKIN COUNTY STEPHENS COUNTY DAWSON COUNTY PICKENS COUNTY FRANKLIN COUNTY HALL COUNTY HART COUNTY BANKS COUNTY BARTOW COUNTY CHEROKEE COUNTY FORSYTH COUNTY JACKSON COUNTY BARROW COUNTY FULTON COUNTY
VTD: OON9 NC02 VTD: OOP6 NCOS
District: 10
ELBERT COUNTY MADISON COUNTY OGLETHORPE COUNTY CLARKE COUNTY LINCOLN COUNTY OCONEE COUNTY WALTON COUNTY

THURSDAY, FEBRUARY 20, 1992

1261

MORGAN COUNTY COLUMBIA COUNTY BURKE COUNTY
VTD: 0004 GREENS CUT AND FOUR POINTS VTD: 0010 SHELLBLUFF (Part)
Tract: 9501. Block(s): 101, 115, 116, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 134, 136, 152, 155, 156, 157, 158, 159, 160, 164, 169B, 170, 171, 172, 174, 175, 177, 178, 179, 180, 181, 182, 183, 184, 185
GWINNETT COUNTY VTD: 0001 1295A VTD: 0010 408A VTD: 0012 408C VTD: 0016 408G VTD: 0017 1564 VTD: 0018 1263A VTD: 0019 1263B VTD: 0020 1749 VTD: 0024 404A VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0028 407A VTD: 0029 407B VTD: 0030 407C VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0052 1263C VTD: 0053 1263D VTD: 0055 407D VTD: 0056 407E VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B VTD: 0068 407F VTD: 0069 544E VTD: 0073 408K VTD: 0074 404C VTD: 0078 544D
MCDUFFIE COUNTY VTD: 0001 THOMSON (Part) Tract: 9501. Block(s): 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 109, 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 230, 231, 232, 233, 234, 301, 302, 303,

1262

JOURNAL OF THE HOUSE,

304, 305A, 305B, 315, 316A, 316B, 317, 318, 319A, 319B, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 404B, 421, 422, 423, 424, 426, 427A, 427B, 505, 507, 508, 509,
510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522,
523, 524 Tract: 9503.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118A, 118B, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 213, 214, 215, 216, 217, 218, 219, 220, 221,
222, 223, 224, 225, 226, 227, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321A, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331A, 334
Tract: 9504.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201,
202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236, 237, 238, 239A, 239B, 239C, 240, 241A,
241B, 242A, 242B, 243, 245, 246, 248, 249, 250, 251, 252, 301, 302, 303, 304, 305, 306, 307A, 307B, 308, 309, 310, 311, 312,
313, 314A, 314B, 315A, 315B, 316A, 316B, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326A, 326B, 327A, 327B, 328, 329, 330, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 408A, 408B, 408C, 409A,
409B, 409C, 409D, 409E, 410, 411. 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429,
430, 431, 432A, 432B, 433, 434, 435, 436A, 436B, 437, 438A, 438B, 439, 440, 441, 442, 443, 444, 501, 502, 503, 504, 505,
506, 507, 508, 516, 517, 518, 519, 520, 521, 522, 523, 524, 595,
596, 597 Tract: 9505.
Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 140, 143, 144, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201, 202
VTD: 0002 DEARING VTD: 0004 WRIGHTSBORO NEWTON COUNTY VTD: 0008 GUM CREEK VTD: 0011 OXFORD PUTNAM COUNTY VTD: 1703 3 (Part)
Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 111, 112, 115, 116, 117, 118, 119, 120, 121, 122, 126, 127, 131, 132, 133, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 150, 189, 190, 191, 192, 193, 194, 195, 196
Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 147, 150, 151, 152, 153, 154, 155, 160, 161, 162, 163, 164, 165, 166, 167A, 168C, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 193, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 235A, 235B, 236, 237, 238, 239, 240, 243, 244A, 244B, 245A, 245B, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264,

THURSDAY, FEBRUARY 20, 1992

1263

265, 266, 267, 268, 269, 270, 271, 272, 301, 302, 303, 304, 305, 306, 307, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 330, 331, 403A, 404, 406A, 407B, 419, 420, 421, 422 RICHMOND COUNTY VTD: 0002 1A (Part) Tract: 0004. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 201, 206, 207, 208, 211, 212, 213, 214, 216, 217, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323 Tract: 0006. Block(s): 115, 116, 117, 118, 201, 214, 215, 401, 402, 412, 413, 414, 415, 416, 417, 418, 501, 502, 503 Tract: 0008. Block(s): 208 VTD: 0004 2A (Part) Tract: 0008. Block(s): 304, 307, 308, 309, 310, 313, 314, 315, 316, 317 VTD: 0012 5 VTD: 0013 5A VTD: 0015 6 VTD: 0019 7 VTD: 0020 7A VTD: 0021 8 VTD: 0022 8A VTD: 0023 8B VTD: 0026 85-1 (Part) Tract: 0106. Block(s): 101B, 101D, 101E, 105A, 105B, 324, 325, 326, 327, 328A, 328B, 329A, 329B, 330A, 330B, 331, 332, 418, 501, 502, 503, 504, 505, 506, 507A, 507B, 508, 509, 510, 511, 512, 602, 603, 606, 607, 608, 609, 610A, 610B, 610C, 611, 612, 613, 614, 615, 616, 617, 618A, 618B, 618C, 619, 620, 621, 908, 909, 910, 911, 912A, 912B, 912C, 913, 921A, 921B, 922A, 922B, 922C, 922D, 923A, 923B, 923C, 923D, 924A, 924B, 925, 926, 927, 928, 933, 935, 936A, 937, 938, 939, 940, 944A, 944B, 948A, 972 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0031 86-3 VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0035 86-7 VTD: 0036 86-8 VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0044 88-6 VTD: 0046 89-1
VTD: 0047 89-2
VTD: 0048 89-3
VTD: 0050 89-5
VTD: 0055 89-10
VTD: 0056 90-1

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JOURNAL OF THE HOUSE,

VTD: 0057 90-2 VTD: 0058 90-3
VTD: 0059 90-4 VTD: 0060 90-5 VTD: 0066 FG4 ROCKDALE COUNTY VTD: 0011 SHEFFIELD VTD: 0014 HIGHTOWER WILKES COUNTY VTD: 0002 2A VTD: 0003 2B VTD: 0005 3B VTD: 0006 4A VTD: 0007 4B
District: U
TALIAFERRO COUNTY HANCOCK COUNTY GLASCOCK COUNTY BALDWIN COUNTY
VTD: 0001 MONTPELIER- EAST BALDWIN VTD: 0002 NORTH BALDWIN 318 (Part)
Tract: 9702. Block(s): 107C, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 219, 224A, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 321B, 323C, 326, 336B, 402
Tract: 9703. Block(s): 210D, 210E, 211B, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 222C
Tract: 9704. Block(s): 101B
VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9705. Block(s): 310, 311
VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N VTD: 0008 SOUTH MILLEDGEVILLE 320S VTD: 0009 WEST HARDWICK 321W VTD: 0010 GMC 320G VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H VTD: 0012 FIRST CHRISTIAN CHURCH 320C VTD: 0013 SCOTTSBORO 1714 BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0003 GOUGH VTD: 0005 KEYSVILLE VTD: 0006 MIDVILLE VTD: 0007 MUNNERLYN VTD: 0008 SARDIS VTD: 0009 SCOTTS CROSSROAD VTD: 0010 SHELLBLUFF (Part)
Tract: 9501. Block(s): 102, 103, 121, 131, 133, 135, 153, 154, 161, 162, 163, 173, 176, 186, 187, 188, 193, 194, 195, 196, 197

THURSDAY, FEBRUARY 20, 1992

1265

Tract: 9506. Block(s): 107, 108, 122
VTD: 0011 ST CLAIR VTD: 0012 VIDETTE VTD: 0014 NORTH WAYNESBORO VTD: 0015 SOUTH WAYNESBORO
CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0024 3-1 VTD: 0026 3-3 VTD: 0027 3-4 VTD: 0028 3-5 VTD: 0030 3-7 VTD: 0035 4-2 VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0065 7-1 VTD: 0069 7-5 VTD: 0077 8-2 VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE
VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0026 CLARKSTON VTD: 0027 CLIFTON
VTD: 0029 COUNTY LINE
VTD: 0031 CROSSROADS
VTD: 0036 DUNAIRE
VTD: 0044 FAIRINGTON
VTD: 0046 FLAT SHOALS

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JOURNAL OF THE HOUSE,

VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAJ REDAN SOUTH VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAT SALEM VTD: OOAV SCOTTDALE VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL EFFINGHAM COUNTY VTD: 0004 SHAWNEE 3A VTD: 0005 CLYO 3B VTD: 0006 MASONIC LODGE 3C AND SPRINGFIELD 4 VTD: 0008 RINCON 5 EMANUEL COUNTY VTD: 0003 CROSS-GREEN GREENE COUNTY VTD: 0001 GREENSBORO VTD: 0002 GRESHAMVILLE VTD: 0003 WOODVILLE VTD: 0004 UNIONPOINT VTD: 0005 SILOAM VTD: 0006 WHITE PLAINS VTD: 0007 LIBERTY JASPER COUNTY VTD: 0001 MONTICELLO VTD: 0002 SHADY DALE VTD: 0006 WYATT JEFFERSON COUNTY VTD: 0001 STAPLETON CROSSROADS VTD: 0002 MATTHEWS
VTD: 0003 WRENS
VTD: 0004 LOUISVILLE
VTD: 0005 WADLEY
VTD: 0006 BARTOW
VTD: 0007 STAPLETON

THURSDAY, FEBRUARY 20, 1992

1267

VTD: 0008 AVERA JOHNSON COUNTY
VTD: 0012 WRIGHTSVILLE (Part) Tract: 9802. Block(s): 205, 209, 210, 211, 212, 222A, 224A, 224B, 225, 226A, 228, 229A, 229B, 230A, 230C, 231A, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 249, 250, 301, 302, 303, 304, 319, 320, 321, 322, 323, 324, 325, 326, 329, 330, 331, 332, 405A, 408, 409, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421
LAURENS COUNTY VTD: 0001 NATIONAL GUARD (Part) Tract: 9503. Block(s): 201, 235 Tract: 9505. Block(s): 116A, 127, 128, 129, 130, 242A, 243, 244, 245, 246, 247, 248, 249, 250 Tract: 9508. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225 Tract: 9509. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 205, 206, 207, 218, 219, 220, 221, 223, 224, 225, 227, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 253, 254, 255, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324 VTD: 0002 SHAMROCK (Part) Tract: 9504. Block(s): 212, 213, 214, 216, 217, 218, 219, 220 Tract: 9505. Block(s): 110, 111, 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 234, 235, 236, 237, 238, 239, 240, 241, 242B, 345A, 346 VTD: 0003 CALHOUN PARK (Part) Tract: 9504. Block(s): 419, 420 VTD: 0004 BETHSADIA (Part) Tract: 9502. Block(s): 256, 260, 261, 262, 263, 264, 265, 266 Tract: 9503. Block(s): 122, 123A, 123B, 124A, 124B Tract: 9505.
Block(s): 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 315, 316, 317, 318, 319, 333, 334, 335A, 335B, 335C, 336, 337, 338, 339, 343, 344A, 344B, 345B, 347B, 353
Tract: 9508.
Block(s): 301, 302A, 302B, 302C, 303A, 304A, 304B, 305, 306, 307, 308, 309A, 309B, 309C, 310A, 310B, 311, 312, 313A, 313C, 316A, 318, 319, 320, 321, 323, 324, 325, 326, 327
VTD: 0011 DUDLEY
VTD: 0013 HARVARD

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JOURNAL OF THE HOUSE,

MCDUFFIE COUNTY VTD: 0001 THOMSON (Part) Tract: 9502. Block(s): 108, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119A, 119B, 119C, 120A, 120B, 121A, 121B, 121C, 122A, 122B, 122C, 122D, 123A, 123B, 124A, 124B, 124C, 125A, 125B, 125C, 126A, 126B, 126C, 127A, 127B, 127C, 128, 129A, 129B, 130A, 130B, 208A, 211, 224, 225, 226, 227, 228, 229, 306, 307, 308, 309, 310A, 310B, 311A, 311B, 311C, 311D, 312, 313A, 313B, 313C, 313D, 314A, 314B, 401, 402, 403A, 403B, 404A, 404C, 405A, 405B, 406A, 406B, 407, 408, 409, 410, 411, 412, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420, 425, 428, 429, 430, 501, 502, 503, 504, 506 Tract: 9503. Block(s): 119A, 119B, 201A, 211, 212, 228, 239A, 239B, 240, 241, 242A, 242B, 243A, 243B, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256A, 256B, 257A, 257B, 258, 259, 260A, 260B, 261A, 261B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 321B, 331B, 332, 333, 335 Tract: 9504. Block(s): 215A, 215B, 216, 217, 218A, 218B, 219A, 219B, 220A, 220B, 234C, 244, 247, 253, 258 VTD: 0003 MT. AUBURN
NEWTON COUNTY VTD: 0001 TOWN VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS VTD: 0005 BRICK STORE VTD: 0009 MANSFIELD VTD: 0010 NEWBORN
PUTNAM COUNTY VTD: 1701 1 VTD: 1702 2 VTD: 1704 4
RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A (Part) Tract: 0004. Block(s): 202, 203, 204, 205, 209, 210 VTD: 0003 2 VTD: 0004 2A (Part) Tract: 0006. Block(s): 506, 507, 512 Tract: 0007. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 116, 119, 120, 121, 122, 123, 124, 127
Tract: 0008.
Block(s): 201, 202, 203, 204, 205, 206, 207, 209, 210, 301, 302, 303, 305,
306, 311, 312, 318, 319, 320
VTD: 0005 3
VTD: 0006 3A
VTD: 0007 3B
VTD: 0008 4
VTD: 0009 4A
VTD: 0010 4B
VTD: 0011 4C

THURSDAY, FEBRUARY 20, 1992

1269

VTD: 0014 5B
VTD: 0016 6A
VTD: 0017 6B
VTD: 0018 6C
VTD: 0024 8C
VTD: 0026 85-1 (Part)
Tract: 0106. Block(s): 101C, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118, 119B, 201, 202, 203, 204, 205B, 207,
208, 209, 210, 211, 212, 213, 214, 215, 216, 301, 302, 303, 304,
305, 306, 307, 308, 309, 310, 311, 312, 313, 321A, 321B, 323,
601, 604, 605, 901, 902D, 903, 904, 905, 914, 915C, 916, 920B,
966, 967, 968, 969A, 969B, 970, 971
VTD: 0032 86-4
VTD: 0039 88-1
VTD: 0040 88-2
VTD: 0041 88-3
VTD: 0042 88-4
VTD: 0043 88-5
VTD: 0045 88-7
VTD: 0049 89-4
VTD: 0051 89-6
VTD: 0052 89-7
VTD: 0053 89-8
VTD: 0063 FGl
VTD: 0064 FG2
VTD: 0067 FG5 VTD: 0068 FG6 ROCKDALE COUNTY VTD: 0001 CONYERS VTD: 0005 LAKES DISTRICT VTD: 0008 MILSTEAD VTD: 0009 OLDE TOWNE SCREVEN COUNTY VTD: 0001 SYLVANIA VTD: 0002 HUNTERS VTD: 0003 NEWINGTON VTD: 0008 WADE PLACE TWIGGS COUNTY VTD: 0002 HAMMOCK VTD: 0004 JEFFERSONVILLE VTD: 0008 SMITH WARREN COUNTY VTD: 0001 WARRENTON VTD: 0002 CAMAK VTD: 0003 NORWOOD VTD: 0004 BEALL SPRINGS VTD: 0005 RICKETSON VTD: 0006 PAN HANDLE WASHINGTON COUNTY VTD: 0001 OCONEE VTD: 0002 HARRISON VTD: 0003 DAVISBORO VTD: 0004 SANDERSVILLE VTD: 0005 DEEP STEP VTD: 0006 RIDDLEVILLE VTD: 0007 WARTHEN

1270

JOURNAL OF THE HOUSE,

VTD: 0008 TENNILLE WILKES COUNTY
VTD: 0001 1 VTD: 0004 3A WILKINSON COUNTY VTD: 0001 IRWINTON VTD: 0002 BETHEL VTD: 0003 BLOODWORTH VTD: 0006 IVEY VTD: 0007 LORD VTD: 0008 MIDWAY VTD: 0009 PASSMORE VTD: 0010 RAMAH VTD: 0011 TURKEY CREEK"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Abernathv N Adams N Aiken
N Alford Y Ashe N Atkins Y Baker
N Balkcom N Bart'oot N Bargeron N Barnett.B
Barnett.M N Bates N Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick N Branch Y Breedlove
Y Brooks Y Brown N Brush
N Buck N Buckner N Byrd N Campbell Y Canty N Carrel] N Carter N Cauthorn N Chafin N Chain bless Y Cheeks N Childers

N Clark.E N Clark.L N Coker N Coleman N Colwell Y Connell N Culbreth N Cummings,B
Cummings.M N Davis.D
Y Davis.G N Davis,M Y Dixon.H N Dixon.S
Dobbs N Dover Y Dunn N Edwards Y Elliott N Felton N Fennel N Floyd.J.M
N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green Y Greene N Griffin N Groover N Hamilton N Hammond N Hanner N Harris.B N Harris.J

N Heard Y Henson N Herbert N Holland Y Holmes Y Howard N Hudson N Irwin
Y Jackson Y Jamieson N Jenkins N Jones N Kilgore N King N Kingston N Klein
YLadd N Lane.D N Lane.R
Langford Y Lawrence Y Lawson N Lee
Long N Lord N Lucas
Y Mann N Martin N McBee
Y McCoy N McKelvey
McKinney.B McKinney.C N Meadows Y Merritt N Milam

N Mills N Mobley
N Moody Y Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M Y Orr
Orrock N Padgett N Parham N Parrish
Patten
Y Pelote Y Perry N Pettit Y Pinholster N Pinkston
NPoag N Porter N Poston Y Powell.A N Powell.C
Y Presley N Purcell
Y Randall NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill Y Simpson
Sinkfield

On the adoption of the amendment, the ayes were 50, nays 114. The amendment was lost.

N Skipper
Y Smith.L N Smith.P N Smith.T N Smith.W
Smyre Y Snow N Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor N Teper N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus N Tolbert
Townsend Y Turnquest N Twiggs Y Valenti N Vaughan N Walker,J N Walker.L Y Wall N Watson N Watts Y White N Wilder Y Williams.B Y Williams,J N Williams.R N Yeargin
Murphy .Spkr

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

N Abernathy Y Adams Y Aiken

Y Alford N Ashe Y Atkins

Y Baker Y Balkcom Y Barfoot

Y Bargeron Y Barnett.B
Barnett.M

Y Bates Y Beatty N Benefield

THURSDAY, FEBRUARY 20, 1992

1271

Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove N Brooks N Brown Y Brush Y Buck
N Buckner YByrd Y Campbell N Canty Y Carrell
N Carter Y Cauthorn N Chafin Y Chambless N Cheeks Y Childers
N Clark.E
Y Clark.L
Y Coker
Y Coleman
Y Colwell Y Connell
Y Culbreth
Y Cummings,B
Cummings,M Y Davis.D Y Davis.G N Davis.M

Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards N Elliott
Y Felton Y Fennel
Y Floyd.J.M
Y Floyd,J.W Y Flynt Y Godbee Y Golden N Goodwin
E Green
Y Greene
Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard
N Henson Y Herbert
Y Holland
N Holmes N Howard Y Hudson
Y Irwin
Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore NKing Y Kingston Y Klein
NLadd Y Lane.D Y Lane.R
Langford
N Lawrence N Lawson NLee
Long YLord Y Lucas YMann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows
Y Merritt
Y Milam Y Mills Y Mobley Y Moody
N Morsberger
Y Moultrie
Y Mueller

Y Oliver.C Y Oliver.M NOrr
Orrock Y Padgett N Parham
Y Parrish
Patten N Pelote
Y Perry Y Pettit
N Pinholster N Pinkston Y Poag Y Porter Y Poston
Y Powell.A N Powell.C
Y Presley
Y Purcell N Randall
Ray
Y Reaves Redding
Y Ricketson N Royal
Y Selman
Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith.L N Smith,?

Y Smith.T Y Smith.W N Smyre Y Snow Y Stancil.F N Stancil.S N Stanley
Streat N Taylor Y Teper Y Thomas,C N Thomas.M N Thomas,N N Thurmond Y Titus N Tolbert Y Townsend N Turnquest
Y Twiggs N Valenti N Vaughan Y Walker.J Y Walker.L
N Wall Y Watson
Y Watts N White N Wilder N Williams.B N WilliamsJ Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 116, nays 49.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1657 was ordered immediately transmitted to the Senate.

The Speaker announced the House in recess until 2:45 o'clock, this afternoon.

1272

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

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 876 Do Pass HR 877 Do Pass

HR 880 Do Pass HR 883 Do Pass

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

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1613 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs of the 4th
Chairman

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

HR 717. By Representatives Mills of the 20th, Coker of the 21st, Sinkfield of the 37th, Orrock of the 30th, Oliver of the 53rd and others:
A resolution urging the news media operating in this state to act responsibly and with compassion when deciding whether to publish the identities of the victims of certain crimes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
The Resolution was adopted.

HR 781. By Representatives Pinholster of the 8th, Cummings of the 17th, Hamilton of the 124th, Stancil of the 8th and Aiken of the 21st:
A resolution urging the Department of Education to increase its efforts to ensure full implementation of the policy of values education.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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1273

The Resolution was adopted.

HR 838. By Representative Morsberger of the 62nd: A resolution designating March as Seabees Month in Georgia.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
The Resolution was adopted.

HB 1169.

By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Redding of the 50th, Teper of the 46th and others:
A bill to amend Code Section 12-8-23.1 of the Official Code of Georgia Annotated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources with regard to the "Georgia Comprehensive Solid Waste Management Act," so as to provide that the director shall not permit a biomedical waste thermal treatment technology facility unless the applicant is able to show that a need exists for such facility.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide that any person operating certain biomedical waste thermal treatment technology facilities shall report certain information to the director of the Environmental Protection Division of the Department of Natural Resources; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, is amended by striking in its entirety subsection (c) 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, which reads as follows:
"(c) (1) 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 part, '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.
(2) Paragraph (1) of this subsection shall not apply to any biomedical waste treatment facility which is operated exclusively by a private biomedical waste generator on property owned by the private biomedical waste generator for the purpose of accepting biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste treatment facility does not adversely affect the public health or the environment. After commencement of operation by a private biomedical waste generator of a biomedical waste treatment 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 biomedical thermal waste which is to be no longer disposed of by the private biomedical waste generator in its own biomedical waste treatment facility prior to any

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substantial reduction in the amount of biomedical waste accepted by the biomedical waste treatment facility or its closure."
Section 2. Said article is further amended by inserting immediately following Code Section 12-8-23.1 a new Code section to read as follows:
"12-8-23.2. (a) (1) 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 or permitted within the state sufficient disposal facilities for biomedical waste being generated or expected to be generated within the state. For purposes of this part, '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.
(2) Paragraph (1) of this subsection shall not apply to any biomedical waste thermal treatment facility which is operated exclusively by a private biomedical waste generator on property owned by the private biomedical waste generator for the purpose of accepting biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste thermal treatment facility does not adversely affect the public health or the environment. After commencement of operation by a private biomedical waste generator of a biomedical waste thermal treatment 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 biomedical waste which is to be no longer disposed of by the private biomedical waste generator in its own biomedical waste thermal treatment facility prior to any substantial reduction in the amount of biomedical waste accepted by the biomedical waste thermal treatment facility or its closure. (b) The owner or operator of each biomedical waste thermal treatment technology facility which incinerates any biomedical waste during any calendar year shall report to the director not later than January 31 of the immediately following calendar year the name or address of each person having an ownership interest of 10 percent or greater in such facility, the address or location of such facility, and the capacity of such facility."
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 98, nays 0.
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 876. By Representatives Harris of the 96th, Culbreth of the 97th, Buck of the 95th, Moultrie of the 93rd, Taylor of the 94th and others:
A resolution commending the Kendrick High School football team and inviting the members of the team and their coach to appear before the House of Representatives.

HR 877. By Representatives Harris of the 96th, Culbreth of the 97th, Buck of the 95th, Moultrie of the 93rd, Taylor of the 94th and others:
A resolution commending the Kendrick High School marching band and inviting the members of the band and the band director to appear before the House of Representatives.

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1275

HR 880. By Representative Ray of the 98th:
A resolution commending the Georgia Peach Festival and inviting a representative of the festival to appear before the House of Representatives.

HR 883. By Representative Langford of the 7th:
A resolution commending Miss Candace Michelle Brown and inviting her to appear.

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

HR 924. By Representatives Vaughan of the 20th, Clark of the 20th, Hammond of the 20th, Cauthorn of the 20th, Atkins of the 21st and others:
A resolution congratulating the McEachern High School wrestling team and inviting the members of the team, Coach Pritz, and Assistant Coach Gossett to appear before the House of Representatives.

HR 925. By Representatives Lee of the 72nd, Buck of the 95th, Alford of the 57th, McCoy of the 1st, Heard of the 43rd and others:
A resolution welcome Bill Lewis as the new head football coach at Georgia Tech and inviting him to appear before the House of Representatives.

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

HB 1429.

By Representative Alford of the 57th:
A bill to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, so as to provide for the participation of private persons or entities in the ownership, design, financing, construction, operation, and maintenance of projects.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, so as to provide for the participation of private persons or entities in the design, financing, construction, operation, and maintenance of projects; to authorize the authority to utilize requests for proposal and negotiation for the letting of contracts for the construction of projects financed by private persons or entities; to provide for financing of projects by means in addition to the issuance of revenue bonds; to provide for the establishment of tolls and the use of toll revenues; to provide that projects may continue to be operated as toll roads after the retirement of financing obligations if deemed to be in the public interest; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, is amended by striking paragraphs (5) and (8) of Code Section 32-10-60, relating to the definitions of "project" and "self-liquidating," in their entirety and inserting in lieu thereof new paragraphs (5) and (8) to read as follows:

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"(5) 'Project' means one or more roads, bridges; or tunnels or a system of roads, bridges, and tunnels with access limited or unlimited as determined by the authority and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to utilities, approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system2 including projects designed, financed, constructed, operated, or maintained by a private person or entity."
"(8) 'Self-liquidating' means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of projects, together with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the authority from appropriations of the General Assembly, the department, other state agencies or authorities, the United States government, er any county or municipality, or private persons or entities shall be sufficient to provide for the maintenance, repair, and operation and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects."
Section 2. Said article is further amended by striking paragraphs (5), (6), (7), and (11) of Code Section 32-10-63, relating to the powers of the State Tollway Authority, in their entirety and inserting in lieu thereof new paragraphs (5), (6), (7), and (11) to read as follows:
"(5) To make such contracts, leases, or conveyances as the legitimate and necessary purposes of this article shall require, including but not limited to contracts^ leases, or conveyances with governmental or private persons or entities for the design, finance, construction operation, or maintenance of projects, provided that the authority shall consider the possible economic, social, and environmental effects of each project, and the authority shall assure that possible adverse economic, social, and environmental effects relating to any proposed project have been fully considered in developing such project and that the final decision on the project is made in the best overall public interest, taking into consideration the need for fast, safe, and efficient transportation, public services, and the cost of eliminating or minimizing adverse economic, social, and environmental effects. Furthermore, in order to assure that adequate consideration is given to economic, social, and environmental effects of any tollway project under consideration, the authority shall:
(A) Follow the processes required for federal-aid highway projects, as determined by the National Environmental Policy Act of 1969, as amended, except that final approval of the adequacy of such consideration shall rest with the Governor, as provided in subparagraph (C) of this paragraph, acting as the chief executive of the state, upon recommendation of the commissioner, acting as chief administrative officer of the Department of Transportation;
(B) In the location and design of any project, avoid the taking of or disruption of existing public parkland or public recreation areas unless there are no prudent or feasible project location alternates. The determination of prudency and feasibility shall be the responsibility of the authority as part of the consideration of the overall public interest;
(C) Not approve and proceed with acquisition of rights of way and construction of a project until: (i) there has been held, or there has been offered an opportunity to hold, a public hearing or public hearings on such project in compliance with requirements of the Federal-aid Highway Act of 1970, as amended, except that neither acquisition of right of way nor construction shall be required to cease on any federal-aid project which has received federal approval pursuant to the National Environmental Policy Act of 1969, as amended, and is subsequently determined to be eligible for construction as an authority project utilizing, in whole or in part, a mix of federal funds and authority funds; and (ii) the adequacy of environmental considerations has been approved by the Governor, for which said approval of the environmental considerations may come in the form of the Governor's acceptance of a federally approved environmental document; and
(D) Let by public competitive bid upon plans and specifications approved by the state highway engineer or his successors all contracts for the construction of projects2

THURSDAY, FEBRUARY 20, 1992

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provided that the authority shall be authorized to let contracts through requests for proposal and negotiation for the construction of projects financed by private persons or entities; (6) To construct, erect, acquire, own, repair, maintain, add to, extend, improve, operate, and manage projects, as defined in paragraph (5) of Code Section 32-10-60, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority, from other funds available to the authority, by financing and funds provided by private persons or entities, or from any combination of such sources; (7) To accept, with the approval of the Governor, loans and grants, either or both, of money or materials or property of any kind from the United States government or the State of Georgia or any political subdivision, authority, agency, or instrumentality of either of them, upon such terms and conditions as the United States government or the State of Georgia or such political subdivision, authority, agency, or instrumentality of either of them shall impose and to sell or loan the same upon such terms and conditions as the authority shall determine;". "(11) To lease its property to the United States government, the State of Georgia, or its political subdivisions, including any agency, authority, or instrumentality of the foregoing governments or political subdivisions, as well as to persons, public or private, for the design, finance, construction ef operationz or maintenance of facilities of benefit to the general public;".
Section 3. Said article is further amended by redesignating existing paragraph (14) of Code Section 32-10-63, relating to the powers of the State Tollway Authority, as paragraph (15) and inserting a new paragraph (14) to read as follows:
"(14) Alone or in conjunction with the department, to enter into contracts with private persons or entities with respect to the design, finance, construction, operation, or maintenance of all or any portion of any project, which project shall be approved by the authority as set forth in subsection (c) of Code Section 32-10-64. Such contracts shall contain such terms and conditions as the authority shall determine and shall provide for: (i) the responsibility of the authority for the approval of the design of the project and the plans for its finance, construction, operation, and maintenance; (ii) the responsibility for compliance with all applicable requirements of state and federal laws; and (iii) the minimization of actions which could impair the achievement of a reasonable return on investment on the project or the timely discharge of financing obligations, provided that the foregoing shall not be construed to limit the public duties and obligations of the department."
Section 4. Said article is further amended by striking Code Section 32-10-64, relating to general toll powers of the State Tollway Authority, in its entirety and inserting in lieu thereof a new Code Section 32-10-64 to read as follows:
"32-10-64. (a) For the purpose of earning sufficient revenue to make possible, in conjunction with other funds available to the authority, the financing of the construction or acquisition of projects of the authority with revenue bonds, the authority is authorized and empowered to collect tolls on each and every such project which it shall cause to be constructed or acquired. It is found, determined, and declared that the necessities of revenue bond financing are such that the authority's toll earnings on each such project or projects, in conjunction with other funds available to the authority, must exceed the actual maintenance, repair, and normal reserve requirements of such projects, together with monthly or yearly sums needed for the sinking fund payments upon the principal and interest obligations of financing such project or projects; however, within the framework of these legitimate necessities of the authority and subject to all bond resolutions, trust indentures, and all other contractual obligations of the authority, the authority is charged with the duty of the operation of each project at the most reasonable possible level of toll charges including a reasonable return to investors in the project; and, furthermore, the authority is charged with the responsibility of a reasonable and equitable adjustment of such toll charges as between the various classes of users of any given project.

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(b) In the exercise of the authority's toll powers, the authority is authorized to exercise so much of the police powers of the state as shall be necessary to maintain the peace and accomplish the orderly handling of the traffic on all projects operated by or subject to the supervision of the authority; and the authority shall prescribe such rules and regulations for the method of taking tolls and the employment and conduct of toll takers and other operating employees as the authority, in its discretion, may deem necessary.
(c) A private person or entity seeking to design, finance, construct, operate, or maintain a project shall first obtain the approval of the authority with respect to the design, finance, construction, operation, and maintenance of the project. If the authority approves the project, the authority shall enter into a contract with such private person or entity as contemplated by paragraph (14) of Code Section 32-10-63. Each such project may bear tolls at a level or levels as determined by the private person or entity financing or operating such project and filed with and approved by the authority; provided, however, that any toll revenues received in excess of the obligations incurred for the development, design, finance, construction, operation, and maintenance of such project and a reasonable return on investment to investors in the project shall be remitted to the authority and utilized as provided in this article."
Section 5. Said article is further amended by striking Code Section 32-10-65, relating to tolls authorized by the State Tollway Authority, in its entirety and inserting in lieu thereof a new Code Section 32-10-65 to read as follows:
"32-10-65. The Except as otherwise provided in Code Section 32-10-64, the authority is authorized to fix, revise, charge, and collect tolls for the use of each project. Such tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any resolution, trust indenture, er contract with or for the benefit of bondholders^ or any other obligations of the authority; and such tolls and any tolls fixed pursuant to Code Section 32-10-64 shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the state. The use and disposition of such tolls and revenues shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust indenture or any related financing documents securing the same, if there are any. Tolls for projects financed or operated by private persons or entities shall be fixed as provided in Code Section 32-10-64."
Section 6. Said article is further amended by striking Code Section 32-10-66, relating to the prescribing of rules and regulations by the authority, in its entirety and inserting in lieu thereof a new Code Section 32-10-66 to read as follows:
"32-10-66. It shall be the duty of the authority to prescribe rules and regulations as approved by the department for the operation of each project constructed under this article, including rules and regulations to ensure maximum use consistent with the efficient operation of and financing for such project. The authority is authorized to promulgate such rules and regulations for the use and occupancy of the project as may be necessary and proper for the public's safety and convenience, for the preservation of its property, and for the collection of tolls."
Section 7. Said article is further amended by striking subsection (a) of Code Section 32-10-67, relating to the study, financing, construction, and operation of new projects, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Governor, in his discretion or upon the recommendation of the State Transportation Board, is authorized and empowered to call a joint meeting of the authority and the board for the purpose of initiating all projects which may be considered under the authority of this article. Upon the concurrence of the Governor, a majority of the board, and the authority, the board or the authority is authorized and empowered to commence the study of any given project or projects and to provide or arrange for their construction. An appropriate resolution of such joint meeting shall provide for divisions of duties and responsibilities between the authority and the board in connection with such studies. In keeping with such resolution or resolutions, the authority and the board are authorized, in the performance of their assigned duties, to expend from any sums

THURSDAY, FEBRUARY 20, 1992

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available such sums as may be necessary for the survey and study and completion of any project or projects; and such expenditures may include those necessary for all traffic surveys, expert studies, and all other expense reasonably necessary in establishing the feasibility of any given project and in the execution of all plans, specifications, and all other things necessary for revenue bond or other financing and construction, including all supervision of every kind required in its completion. If such expenditures, or any part of them, shall be undertaken by the board, the board shall keep proper records which shall reflect the amounts spent on each and every project study. Upon completion of any given project or projects financed by any given revenue bond issued, so long as there shall be funds available in the hands of the authority from the issue of revenue bonds to finance such project or projects, or, in the event such expenditures are incurred with respect to a project to be designed, financed, constructed, operated, or maintained by private persons or entities at the time of the financing of such project, the board may demand the reimbursement of such expenditures; however, if not reimbursed, said expenditures shall be legitimate expenses of operation of the board. The authority, upon the completion or receipt of such studies or plans and specifications or other aids, shall proceed or contract with others, including private persons or entities, to proceed, if such project or projects are possible, to finance, acquire rights of way, construct, and operate such projects pursuant to its purposes, powers, and duties."
Section 8. Said article is further amended by striking Code Section 32-10-68, relating to the letting of contracts by competitive bids, in its entirety and inserting in lieu thereof a new Code Section 32-10-68 to read as follows:
"32-10-68. A4i Except as authorized by subparagraph (D) of paragraph (5) of Code Section 32-10-63, all contracts of the authority for the construction of any project authorized by this article shall be let to the reliable bidder submitting the lowest sealed bid upon plans and specifications approved by the department. The procedures for letting such bids shall conform to those prescribed for the department in Code Sections 32-2-64 through 32-2-72."
Section 9. Said article is further amended by striking subsection (a) of Code Section 32-10-69, relating to the conveyance of real property or rights or interests therein to the State Tollway Authority, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Governor is authorized and empowered to convey to the authority, on behalf of the state, any real property or interest therein or any rights of way owned by the state, including property or rights of way acquired in the name of the department or board, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a tollway project. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; however, such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration, provided that in the event of the inability of the authority to issue or sell the revenue bonds or procure other means of financing required for financing the completion of any given project or projects, then, subject to the intervening rights of any innocent party, all rights, titles, and interests so conveyed shall forever revert to the department or agency from which it came."
Section 10. Said article is further amended by striking subsection (a) of Code Section 32-10-71, relating to the acquisition, maintenance, and operation of tollway projects, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The authority is authorized and empowered to acquire, maintain, repair, improve, and operate a tollway project or to contract with others, including private persons or entities, for any one or more of such purposes involving such projects whose which status at the time of acquisition is a toll facility or which was operated as a toll facility at some point in its existence. For the purpose of earning sufficient revenue to make possible the maintenance, repair, and improvement of the acquired project, the authority is authorized to collect tolls on each and every project it acquires."

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Section 11. Said article is further amended by striking Code Section 32-10-106, relating to the protection of interests and rights of bondholders, in its entirety and inserting in lieu thereof a new Code Section 32-10-106 to read as follows:
"32-10-106. While any of the bonds issued by the authority or any other obligations of the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds or other obligations."
Section 12. Said article is further amended by striking Code Section 32-10-108, relating to the transfer of projects to the state highway system free from tolls, in its entirety and inserting in lieu thereof a new Code Section 32-10-108 to read as follows:
"32-10-108. Upon Except as otherwise provided in Code Section 32-10-64, upon payment in full of all bonds, interest coupons, and obligations of every nature whatsoever for the payment of which the revenues of any given project or projects have been pledged, in whole or in part, either originally or subsequently, either primarily or secondarily, directly or indirectly or otherwise, or upon the setting aside in trust, for the benefit of bondholders or other obligees, of a sufficient amount for the payment of all such bonds and other obligations and the interest thereon to the maturity thereof, such project or projects, if deemed by the department to be in a safe and satisfactory condition of repair and traffic capacity, shall become part of the state highway system and thereafter shall be maintained by the department free of tolls; provided, however, that the authority and the department may allow such projects to continue to be operated as tollways where the public interest would be served by such operation. In the event such project or projects are not in good condition, in the judgment of the department, the department shall be charged with the duty of immediately advising the authority in writing what will be necessary to accomplish such safe and satisfactory condition of repair and traffic capacity; and the authority thereafter shall apply sufficient revenue from such project or projects to the accomplishment of such safe condition of repair and traffic capacity; and, upon its accomplishment, such project or projects shall become toll free as provided in this Code section. Upon the fulfillment of all conditions necessary to the cessation of tolls upon any given project, the authority shall convey by deed all right, title, and interest in and to such project to the department for and in consideration of $1.00, which the treasurer of the department is authorized to pay from any department funds available to him for any department expenditure."
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 14. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Teper of the 46th moves to amend the Committee substitute to HB 1429 as follows:
On page 4 line 28 strike the semicolon after the word "entities" and add the following:
", and such projects shall not include the Outer Perimeter highway as designated in 32-4-22 (a) (14)."

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

N Abernathy N Adams "
Aiken
N Alford N Ashe

N Atkins N Baker N Balkcom
N Barfoot Bargeron

N Barnett.B Barnett.M
N Bates
N Beatty N Benefield

N Birdsong Blitch
N Bordeaux
N Bostick N Branch

N Breedlove N Brooks N Brown
Y Brush N Buck

THURSDAY, FEBRUARY 20, 1992

1281

N Buckner YByrcl
Campbell Canty
N Carrell N Carter
Cauthorn N Chafin Y Chamhless N Cheeks N Childers N Clark.K N Clark,L N Coker
Coleman Culvrell Connell
N Culbreth N Cummings.B
Cummings.M N Davis.D
Davis.G Y Davis.M
Dixon.H
N Dixon.S Dobba
Y Dover N Dunn
Edwards Elliott N Felton

Fennel N FloydJ.M N Flovd.J.W N Flynt
N Godbee N Golden
Goodwin E Green N Greene N Griffin
Groover N Hamilton N Hammond
Hanner
N Harris,B N HarrisJ N Heard
N Henson N Herbert Y Holland Y Holmes N Howard N Hudson
Irwin N Jackson Y Jamieson Y Jenkins Y Jones N Kilgore
King Y Kingston

N Klein NLadd
N Lane.D N Lane.R
Langford N Lawrence N Lawson N Lee N Long YLord
Lucas N Mann
N Martin N McBee
McCoy N McKelvey
McKinney.B McKinney.C N Meadows
N Merritt N Milam
Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C
Oliver.M NOrr Y Orrock

N Padgett Y Parham Y Parrish N Patten N Pelote N Perry N Pettit N Pinholster N Pinkston
Poag Y Porter
Poston N Powell.A N Powell.C
N Presley N Purcell
Randall NRay N Reaves
Redding Y Ricketson N Royal
N Selman Sherrill Simpson
Sinkfield N Skipper Y Smith.L N Smith.P
Smith.T N Smith.W

On the adoption of the amendment, the ayes were 25, nays 109. The amendment was lost.

N Srnyre N Snow N Stancil.F N Stancil.S Y Stanley N Streat Y Taylor Y Teper
Thomas.C Thomas,M Y Thomas.N Thurmond Titus
N Tolbert
Townsend
Y Turnquest
Y Twiggs
Y Valenti
N Vaughan N Walker.J
N Walker.L
N Wall
N Watson N Watts
White
N Wilder
N Williams.B Williams.J
N Williams.R N Yeargin
Murphy,Spkr

Representative Thomas of the 69th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representatives Alford of the 57th, Cheeks of the 89th and Dobbs of the 74th move to amend the Committee substitute to HB 1429 by inserting between lines 22 and 23 of page 2 the following:
"Section 1.5. Said article is further amended by striking subsection (a) of Code Section 32-10-62, relating to membership of the authority, in its entirety and inserting in lieu thereof the following:
'32-10-62. (a) The members of the authority shall be ex officio the Governor, the commissioner of transportation, and the director of the Office of Planning and Budget; and membership shall be a separate and distinct duty for which they shall receive no additional compensation. There shall also be a member appointed by the Speaker of the House of Representatives and a member appointed by the President of the Senate; such members shall receive no compensation. All members of the authority shall be entitled to all actual expenses necessarily incurred while in the performance of duties on behalf of the authority. The authority shall elect one of its members as chairman. It shall also elect a secretary and a treasurer, who need not necessarily be members of the authority. The authority may make such bylaws for its government as is deemed necessary but it is under no duty to do so. A majority of the members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this article.'".

The following amendment was read and adopted:

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Representatives Cheeks of the 89th and Walker of the 115th move to amend the Alford, Dobbs, Cheeks amendment to the Committee substitute to HB 1429 as follows:
By deleting the words "such members shall receive no compensation" on lines 17 and 18 and substituting in lieu thereof a new sentence to read:
"Any General Assembly member shall receive such per diem and mileage reimbursement as is authorized by law for members of the General Assembly."
and by adding after the word "authority" on line 19 the following:
", except members who are also members of the General Assembly,".

The Alford amendment, as amended, was adopted.

The following amendment was read and adopted:

Representatives Alford of the 57th, Cheeks of the 89th and Dobbs of the 74th move to amend the Commitee substitute to HB 1429 by inserting between lines 22 and 23 of page 2 the following:
"Section 1.5. Said article is further amended by adding a new subsection (c) at the end of Code Section 32-10-62, relating to membership of the authority, to read as follows:
'(c) The authority shall transmit to each member of the House Committee on Transportation and to each member of the Senate Committee on Transportation a copy of all rules and regulations adopted, amended, or repealed by the authority and a copy of any contract, lease, or other conveyance.'".

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 Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkc-nm
Y Barfoot Y Bargeron Y Barnett.B
Harriett,M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell

Y Canty Y Carrell
Y Carter Y Cauthorn Y Chafin
Y Chambless Y Cheeks Y Childers
N Clark.E Y Clark.L Y Coker
Y Coleman Co'well Connell
Y Culbreth Y Cummings,B
Cummings.M Y Davis.D
Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Dobbs
Y Dover
Y Dunn Edwards Elliott
Y Felton

Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover N Hamilton Y Hammond
Y Hanner N Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson
Jamieson Y Jenkins
N Jones

Y Kilgore YKing N Kingston Y Klein
YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Long YLord
Y Lucas Y Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam Mills Y Mobley Y Moody Y Morsberger

Y Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orr
Y Orrock Padgett
Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
Poag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal

THURSDAY, FEBRUARY 20, 1992

1283

Y Selman
Y Sherrill Y Simpson
Sinkfield Y Skipper N Smith.L Y Smith.P Y Smith/I'

N Smith.W
Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor

Teper
Y Thomas.C Thomas.M
Y Thomas.N Thurmond
Y Titus Y Tolbert
Townsend

Y Turnquest
Y Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson

Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 138, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

By unanimous consent, HR 838 was ordered immediately transmitted to the Senate.

The Speaker assumed the Chair.

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

HB 206. By Representatives Holmes of the 28th, Greene of the 130th, Goodwin of the 63rd and Titus of the 143rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide a pilot program for registration of electors; to provide that license examiners employed by the Department of Public Safety shall be deputy registrars.

The following Committee substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide a pilot program for registration of electors; to provide that license examiners employed by the Department of Public Safety shall be deputy registrars; to provide for powers and duties of such deputy registrars; to provide for powers, duties, and authority of the Secretary of State, commissioner of public safety, and the Department of Public Safety; to provide for registration procedures; to provide for additional registration places; to provide that certain drivers' license applications shall be designed to permit qualified applicants to register to vote; to provide rule-making authority; to authorize the applying for, receiving, administering, and using of certain grants, financial assistance, or other funds; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by adding a new Code section immediately following Code Section 21-2-212, to be designated Code Section 21-2-212.1, to read as follows:
"21-2-212.1. (a) The Secretary of State and the Department of Public Safety are authorized to develop and implement a pilot program to register electors at the offices of license examiners of the Department of Public Safety. Such pilot program shall be implemented on a limited basis and shall be limited in scope to not more than 15 counties and shall terminate on June 30, 1997.
(b) Such pilot program shall be implemented in the following manner:

1284

JOURNAL OF THE HOUSE,

(1) Effective July 1, 1992, the Secretary of State and the Department of Public Safety shall begin to develop procedures, forms, processing functions, and training to implement the pilot program in the area or areas of the State of Georgia which the commissioner of public safety in consultation with the Secretary of State shall designate for implementation of the pilot program;
(2) At the 1993 regular session of the Georgia General Assembly, the Secretary of State and the Department of Public Safety shall prepare and submit to the House Committee on Governmental Affairs and the Senate Committee on Governmental Operations a report setting forth the plans for implementing the pilot program;
(3) If approved by those committees, the Secretary of State and the Department of Public Safety shall proceed to implement the pilot program effective on April 1, 1993; and
(4) At the 1994 and 1995 regular sessions of the General Assembly, the Secretary of State and the Department of Public Safety shall make a report on the effectiveness of the pilot program to the House Committee on Governmental Affairs and the Senate Committee on Governmental Operations. (c) The Secretary of State and the Department of Public Safety are authorized to promulgate such rules and regulations as may be necessary to implement such pilot program. (d) (1) For the purposes of implementing the pilot program only and notwithstanding any other provision of this title to the contrary, each license examiner employed by the Department of Public Safety and assigned to work in those counties designated by the commissioner of public safety in consultation with the Secretary of State for the pilot program shall be a deputy to the board of registrars of each county in the pilot program and the board of registrars of each municipality within those counties which maintains its own registration list.
(2) As deputy registrars, such license examiners may register as electors on behalf of such counties and municipalities those applicants who reside in those counties and who request to register to vote when making an application for an instruction permit or a driver's license pursuant to Code Section 40-5-25 or a personal identification card in accordance with Code Section 40-5-100. Code Section 21-2-213 shall not apply to license examiners who serve as deputy registrars pursuant to this subsection.
(3) For the purposes of implementing the pilot program only and notwithstanding any provision of this title to the contrary, each facility at which license examiners employed by the Department of Public Safety examine applicants for drivers' licenses in the counties designated by the commissioner of public safety in consultation with the Secretary of State for inclusion in the pilot program shall be an additional registration place for the purpose of registering electors. (e) Notwithstanding any other provision of this title to the contrary, the Secretary of State and the commissioner of public safety are authorized for the purposes of this pilot program to design a registration card to be used by license examiners employed by the Department of Public Safety who register electors in accordance with the pilot program. Such registration card shall contain the same information required by subsection (a) of Code Section 21-2-217. The form of such registration card shall be determined by the Secretary of State and the commissioner of public safety."
Section 2. The Secretary of State and the Department of Public Safety may apply for, receive, administer, and use any grant, other financial assistance, or other funds made available to the Secretary of State or the Department of Public Safety from any government or other source to defray the costs of the pilot program provided for in this Act.
Section 3. This Act shall become effective on July 1, 1992.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Oliver of the 121st moves to amend the Committee substitute to HB 206 as follows:

THURSDAY, FEBRUARY 20, 1992

1285

Page 2, line 18, after the word "submit" add ", not later than the tenth legislative day."

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 Abernathy N Adams
Aiken N Alford Y Ashe Y Atkins Y Baker N Balkcom
Barfoot N Bargeron
N Barnett.B Barnett.M Bates
N Beatty N Benefield N Birdsong
Blitch N Bordeaux N Bostick N Branch N Breedlove Y Brooks Y Brown N Brush N Buck N Buckner
N Byrd Y Campbell
Canty N Carrell N Carter Y Cauthorn N Charm N Chambless
Cheeks N Childers

Y Clark.E
N Clark.L N Coker
N Coleman N Colwell N Connell Y Culbreth
Cummings,B Cummings.M N Davis.D Davis.G N Davis.M
N Dixon.H N Dixon.S
Dobbs N Dover
Dunn
N Edwards Elliott Felton Fennel
N Floyd.J.M N Floyd.J.W Y Flynt
N Godbee N Golden
Y Goodwin E Green
Y Greene N Griffin N Groover N Hamilton Y Hammond N Hanner N Harris.B Y Harris.J

Heard N Henson N Herbert Y Holland
Y Holmes Y Howard Y Hudson
N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King N Kingston Y Klein YLadd N Lane.D N Lane.R
Langford Y Lawrence
Lawson
N Lee N Long N Lord Y Lucas N Mann Y Martin
N McBee N McCoy N McKelvey
McKinney,B McKinney.C
N Meadows Y Merritt N Milam

N Mills N Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M
NOrr Y Orrock
N Padgett N Parham N Parrish
N Patten Y Pelote N Perry N Pettit Y Pinholster
Pinkston N Poag N Porter Y Poston N Powell.A
Powell.C
N Presley N Purcell
Randall
N Ray N Reaves
Redding N Ricketson
N Royal Selman
Y Sherrill Y Simpson
Sinkfield

N Skipper N Smith.L N Smith.P
N Smith.T N Smith.W Y Smyre N Snow Y Stancil.F Y Stancil.S Y Stanley N Streat Y Taylor Y Teper
Thomas.C Thomas,M Y Thomas.N Thurmond N Titus
N Tolbert Townsend
Y Turnquest N Twiggs Y Valenti Y Vaughan N WalkerJ N Walker.L N Wall N Watson
N Watts White
Y Wilder N Williams.B
Williams.J N Williams.R N Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 44, nays 102.
The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

Representative Powell of the 145th stated that he had failed to vote during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Thomas of the 69th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Orr of the 9th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

1286

JOURNAL OF THE HOUSE,

HB 1312. By Representative Murphy of the 18th:
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 clarify the eligibility of preschool age children for assistance; to provide that immunization of a preschool age dependent child shall be required for the receipt of assistance.
The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend HB 1312 by adding after the second semicolon on line 9 of page 1 the following:
"to provide an effective date;".
By striking the date "September 1, 1992," on line 5 of page 4 and inserting in its place the date "January 1, 1993,".
By renumbering Section 3 as Section 4 and inserting a new Section 3 to read as follows:
"Section 3. This Act shall become effective January 1, 1993, except that for purposes of promulgation of the regulations called for by this Act it shall become effective upon its approval by the Governor or upon its becoming law without such approval."

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

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Y Balkcom Y Barfoot
Bargeron Barnett.B Barnett.M Y Bates Y Beattv Y Benefield Y Birdsong Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell
Cantv Y Carrell Y Carter Y Cauthorn Y Chalin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings,B Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Dobbs Y Dover Dunn Y Edwards Elliott Y Felton Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Godbee Y Golden
Y Goodwin E Green
Y Greene Y Griffin
Groover
Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J

Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas
YMann Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A
Powell.C Y Presley Y Purcell
Randall
Y Ray Y Reaves
Redding Y Ricketson
Y Royal Selman
Y Sherrill
Y Simpson Sinkfield

On the passage of the Bill, as amended, the ayes were 139, nays 0.

Y Skipper Y Smith,L Y Smith.P Y Smith.T Y Smith.W
Y Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond
Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Williams,R Y Yeargin Murphy.Spkr

THURSDAY, FEBRUARY 20, 1992

1287

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

HB 1596.

By Representatives Cummings of the 17th, Baker of the 51st, Jamieson of the llth and Porter of the 119th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to create the Georgia Defined Contribution Plan.

The following Committee substitute was read and adopted:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to create the Georgia Defined Contribution Plan; to define certain terms; to create the office of executive secretary; to provide for powers and duties of the board of trustees; to provide for investment powers of the board of trustees; to provide for legal representation; to provide for membership; to provide for employee contributions; to provide for withdrawal of funds; to provide for the payment of funds upon the death of a member; to provide for the payment of funds upon retirement; 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 public retirement systems, is amended by inserting at the end thereof the following:
"CHAPTER 22
47-22-1. As used in this chapter, the term: (1) 'Accumulated contributions' means the sum of all amounts deducted from the
compensation of a member's salary and credited to such member's individual account in this plan, together with earnings thereon as provided in this chapter.
(2) 'Board' means the Board of Trustees of the Employees' Retirement System of Georgia.
(3) 'Defined contribution plan' means a plan which provides for an individual account for each participant and for benefits based solely on the amount contributed to the participant's account; any income, expenses, gains, and losses; and any forfeiture of accounts of other participants which may be allocated to such participant's account, which plan is intended to be qualified under Section 401(a) of the Internal Revenue Code, 42 U.S.C. Section 401(a).
(4) 'Employee' means any employee of an employer who is not a member of any public retirement or pension system created pursuant to this title; provided, however, the following persons shall not be considered employees under this paragraph:
(A) A person performing services for an institution in which such person is duly enrolled as a full-time student; or
(B) A person performing services for an employer pursuant to a contract as a bona fide independent contractor. (5) 'Employer' means the state or any department, bureau, institution, board, or commission of the state, the State Board of Education, and the Board of Regents of the University System of Georgia. (6) 'Member' means any employee included in the membership of the plan. (7) 'Plan' means the Georgia Defined Contribution Plan created by this chapter. 47-22-2. There is created and placed under the administration of the Board of Trustees of the Employees' Retirement System of Georgia the Georgia Defined Contribution Plan.

1288

JOURNAL OF THE HOUSE,

47-22-3. There is created an office known as the executive secretary of the Georgia Defined Contribution Plan, and the director of the Employees' Retirement System of Georgia shall serve as the executive secretary of the plan.
47-22-4. (a) The general administration and responsibility for the proper operation of the plan and for putting this chapter into effect are vested in the board.
(b) The board shall engage such actuarial and other services as shall be required to transact the business of the plan.
(c) The board shall designate an actuary who shall be the technical advisor of the board on matters regarding the operation of the plan and shall perform such other duties as are required in connection therewith.
(d) At least once in each five-year period following the date of establishment, the actuary shall make an actuarial investigation into the mortality experience of the members and beneficiaries of the plan and shall make a valuation of the contingent assets and liabilities of the plan. The board, after taking into account the results of such investigation and valuation, shall adopt for the plan such mortality, service, and other tables as shall be deemed necessary.
(e) The board shall determine, from time to time, the rate of regular interest for use in all calculation of benefit payments made pursuant to Code Section 47-22-11.
(f) Subject to the limitations of this chapter, the board shall, from time to time, adopt the plan document and establish rules and regulations for the administration of the plan and for the transaction of business.
(g) The board shall keep a record of all of its proceedings under this chapter, which record shall be open to the public.
(h) All persons employed by the board and the expenses of the board in furtherance
of this chapter shall be paid from funds appropriated to the plan until such time as the board determines that the return on investments is sufficient to cover such costs.
(i) The board may combine the moneys subject to this chapter with other moneys under the control of the board for purposes of investment, provided that a separate accounting is maintained for all moneys subject to this chapter.
47-22-5. (a) The board shall be the trustee of the funds of the plan; may invest and
reinvest such funds; and may hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds created under this chapter
shall have been invested, as well as the proceeds of such investments and any moneys belonging to such fund, all in such manner as funds of the Employees' Retirement Sys-
tem of Georgia are invested and reinvested.
(b) Except as otherwise provided for in this chapter, no member or person employed by the board shall have a direct interest in the gains or profits of any investment made
by the board. No member or employee of the board shall, directly or indirectly, for himself or as an agent, in any manner use the funds of the plan except to make such current
and necessary payments as are authorized by the board; nor shall any member or employee of the board become an endorser, surety, or in any manner an obligor for moneys loaned or borrowed from the board.
(c) The board shall be the custodian of the funds of the plan. All payments from
such funds shall be made by the board only upon vouchers signed by two persons designated by the board.
47-22-6. The Attorney General shall be the legal advisor of the board.
47-22-7. Any person who is an employee on July 1, 1992, shall become a member of
the plan on such date. Any person who becomes an employee after July 1, 1992, shall become a member on the date such person becomes an employee.
47-22-8. Each member shall contribute 7 '/2 percent of such member's gross salary.
Such contributions shall be made through payroll deductions. Such amount so deducted shall be credited to the individual account of the member. Earnings shall be credited
to each member's account pursuant to rules and regulations adopted by the board as prescribed by the plan document.
47-22-9. Upon the written request of a member who ceases to be an employee, a lump sum amount shall be paid to such person equal to the total amount credited to such member's account at the time the member ceases to be an employee. If such mem-
ber dies before payment has been made, such payment shall be made to such person

THURSDAY, FEBRUARY 20, 1992

1289

as the member has nominated, by written designation filed with the board; otherwise to the member's estate. If no such request is made, the member's account shall continue to accrue earnings in the same manner as any member's account; provided, however, that if any member who ceases to be an employee has less than $3,500.00 credited to such member's account, the board may, at its option, require such member to withdraw all such moneys and the member's account shall be closed.
47-22-10. Upon the death of any member, a lump sum amount shall be paid to such person as the member has nominated by written designation, filed with the board; otherwise to the member's estate. Such lump sum amount shall be equal to the total amount credited to the member's account on the date of the member's death.
47-22-11. Any member shall be entitled to retire upon attaining the age of 65. Such member shall have the option to receive a periodic payment based upon mortality tables and interest assumptions as adopted 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 substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd
Y Campbell
Canty Carrell
Y Carter Y Cauthorn Y Chaiin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M
Y Davis.D Davis.G
Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton
Fennel
Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Long
Y Lord Lucas
Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C
Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock
Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A
Powell.C Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Y Simpson Sinkfield

Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith.W
Smyre
Snow
Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas.N Thurmond
Y Titus Y Tolbert
Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan
Y Walker.J Walker.L
Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,.! Williams.R Y Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Smyre of the 92nd 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.

1290

JOURNAL OF THE HOUSE,

HB 1243. By Representatives Holmes of the 28th, Moultrie of the 93rd, Greene of the 130th and Goodwin of the 63rd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time period during which elections can be conducted for the purpose of exempting certain tangible personal property from ad valorem taxation or imposing a joint county and municipal sales and use tax or a special county 1 percent sales and use tax.

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 change the time period during which elections can be conducted for the purpose of exempting certain tangible personal property from ad valorem taxation or imposing a local option income tax, a joint county and municipal sales and use tax, or a special county 1 percent sales and use tax; to provide for stylistic revision; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-5-48.2, relating to the freeport exemption, and inserting in its place a new Code Section 48-5-48.2 to read as follows:
"48-5-48.2. Article VH; Section By Paragraph IB (a) ef the Constitution ef the State of trGor^iQ rfltiiied ttt itrOfi continues itt eiied tne exemption lor certdin tftn^jiule per
Constitution of- WJSr Said Article Hy Section H-, Paragraph HI {a} ef the Constitution F8titicd m 'J.L7O& provides trndt until otnerwise provided oy iflw sucii exemption snflil ije subject to the same conditions, limitations, definitions, and procedures provided tor fey the following provisions ef the Constitution ef 1076:
(a) As used in this Code section, the term: (1) 'Finished goods' shall mean goods, wares, and merchandise of every character
and kind, but shall not include unrecovered, unextracted, or unsevered natural resources, or raw materials, or goods in the process of manufacture or production, or the stock-in-trade of a retailer.
(2) 'Raw materials' shall mean any material whether crude or processed that can be converted by manufacture, processing, or combination into a new and useful product, but shall not include unrecovered, unextracted, or unsevered natural resources. 1 (b) The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for State state purposes, all or any combination of the following types of tangible personal property:
(1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State ef Georgia this state. The exemption provided for herein in this paragraph shall apply only to tangible personal property which is substantially modified, altered; or changed in the ordinary course of the taxpayer's manufacturing, processing2 or production operations in this State, state;
(2) Inventory of finished goods manufactured or produced within the State ef Georgia this state in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for herein in this paragraph shall be for a period not exceeding twelve ft3) 12 months from the date such property is produced or manufactured; ; or

THURSDAY, FEBRUARY 20, 1992

1291

(3) Inventory of finished goods which, on the first day ef January 1, are stored in a warehouse, dockj or wharf, whether public or private, and which are destined for shipment to a final destination outside the State ef Georgia this state and inventory of finished goods which are shipped into the State ef- Georgia this state from outside this State state and stored for transshipment to a final destination outside this State state. The exemption provided for herein in this paragraph shall be for a period not exceeding twelve {13} 12 months from the date such property is stored in this State state. All property that is claimed to be exempt under the provisions of this subsection shall be designated as being 4n transit" 'in transit' upon the official books and records of the warehouse, dock, or wharf, whether public or private, where such property is being stored. Such official books and records shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such *% transit" 'in transit' property, shall be at all times open to the inspection of all taxing authorities of this State state and of any political subdivision of this
otatc state. As used tft tnis f^aragrapn, ttic lollowing words, terms and pnrascs arc dctmcd as 101*
1OW9!
4a} "Finished Goods" shall mean goods, wares, and merchandise ef every character dud Ruler} out Siiftii 'Hot include unrecovered) uncxtracted, OF unsevered natural resources, OF raw inaterisis, OF goods in trie process 01 manufacture OF production, OF tbe stock-in-trade of a retailer.
\O'7 ixftw JVLate rials Sfi8.ll mean any material wnetiier crude OF processed tiist can be converted by manufacture, processing, or combination inte a aew and- useful

(c) Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided herein in this Code section, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined herein in this Code section which are being proposed to be exempted from taxation. The elec-
morc than 46 days after the date ef the issuance ef issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540 or_ 21-3-52, as applicable.
(d) The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided herein in this Code section may, by appropriate resolution, a copy of which shall be immediately transmitted to the State Revenue Commissioner state revenue commissioner, exempt from taxation 20-%- percent, 40-%- percent, 60%- percent, 80-%- percent or all of the value of such tangible personal property as defined herein. Provided in this Code section; provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided herein in this Code section. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the State Revenue Commissioner state revenue commissioner; provided, however, that such increase shall be in increments of 20-%- percent, 40-%- percent, 60-%- percent, or 80-%percent of the value of such tangible personal property as defined herein in this Code section, within the discretion of such governing authority.
(e) If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing

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with the next ensuing calendar year, otherwise such exemption may not be granted. Exemptions may only be revoked by a referendum election called and conducted as provided herein in this Code section; provided, that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum. 1 Said provisions ef the Constitution of 1076 shall continue in effect a* statutory law until otherwise provided for by lawv"
Section 2. Said title is further amended by striking subsections (a) and (d) of Code Section 48-7-142, relating to referendums for imposing local income taxes, and inserting in their places new subsections (a) and (d), respectively, to read as follows:
"(a) Whenever the governing authority of any county wishes to impose the local income tax authorized by this article, the governing authority shall notify the election superintendent of the county of its desire to impose the tax. Upon receipt of the notice, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county for approval or rejection. The election superintendent shall set the date ef the election for a day net Iftaq fKoi-t or) nor Tnorp thfln 4-fi H v^ flftor thp Hfltp pf -thp ta^uiflnpp t\f thf poll Vmf in no event later than June 1 ef- ay calendar year issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county."
"(d) The election superintendent shall hold and conduct each election pursuant to this Code section under the same rules and regulations that govern special elections; except as otherwise provided m this article. He The election superintendent shall canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner."
Section 3. Said title is further amended by striking subsection (a) of Code Section 48-8-85, relating to the referendum regarding imposition of a joint county and municipal sales and use tax, and inserting in its place a new subsection (a) to read as follows:
"(a) Whenever the governing authority of any county or qualified municipality located wholly or partially within a special district in which a joint county and municipal sales and use tax was not imposed on January 1, 1980, wishes to submit to the electors of the special district the question of whether the tax authorized by Code Section 48-8-82 shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the special district for approval or rejection. The election superintendent shall set the date ef th
ef issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the following:
"( ) YES Shall a retail sales and use tax of 1 percent be levied within the special district within _________________ County?'".
( ) NO Section 4. Said title is further amended by striking subsection (b) of Code Section 48-8-111, relating to procedure for the imposition of a special county 1 percent sales and use tax, and inserting in its place a new subsection (b) to read as follows:

THURSDAY, FEBRUARY 20, 1992

1293

"(b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of the election top Q o.sy HOC 1639 tilfin ot7 ftof more tiisfl 4o dflys otter trie dftte ot trie issuance ef- issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required."
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 Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker
Y Balkcom Y Barfoot
Y Bargeron Y Barnett.B
Barnett,M Y Bates Y Beatty Y Benefield Y' Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless \ Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings.B
Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton
Fennel Y Floyd.J.M Y Flovd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,.!

Y Heard Y Henson Y Herbert Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
Y Lee Y Long YLord
Lucas Y Mann Y Martin Y McBee
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C
Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit
Y Pinholster Pinkston
Y Poag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson
Royal Selman Y Sherrill
Y Simpson Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Williams.J Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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JOURNAL OF THE HOUSE,

HB 1289.

By Representatives Griffin of the 6th and Mann of the 6th:
A bill to amend Code Section 43-39A-24 of the Official Code of Georgia Annotated, requiring the registration, licensing, or certification of real estate appraisers, so as to change the applicability of and exceptions to such requirements.

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

Y Abernathy
Y Adams Aiken
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush YBuck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Y Chambless Y Cheeks Y Childers

Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings.B Cummings,M Y Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Dobbs Dover Dunn Y Edwards Elliott Y Felton Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Y Harris.J

Y Heard Y Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Lawrence N Lawson YLee Y Long YLord Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey McKinney,B McKinney,C
Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill N Simpson
Sinkfield

Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Stanley
Y Streat Y Taylor Y Teper
Thorn as,C Thomas.M Y Thomas.N Y Thurmond Titus Tolbert Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker.J
Walker.L
Y Wall Y Watson Y Watts
White Wilder Y Williams.B
Williams.J Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 140, nays 3. The Bill, having received the requisite constitutional majority, was passed.

Representatives Thomas of the 69th and Stanley of the 33rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1470.

By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to repeal the presumption in civil actions that certain common carriers are negligent from the mere showing that injury was inflicted by their vehicles.

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

THURSDAY, FEBRUARY 20, 1992

1295

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty
Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers

Y Clark.E Y Clark.L
Coker Coleman
Y Colwell Y Connell Y Culbreth
Cummings,B Cummings.M Y Davis.D Davis.G Y Davis.M Y Dixon.H Dixon.S Dobbs Y Dover Dunn Y Edwards Elliott Y Felton Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Golden
Y Goodwin E Green Y Greene Y Griffin
Groover
Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills
Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock
Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson
Y Royal Selman
Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T
Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest
Y Twiggs Valenti
Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson
Y Watts Y White Y Wilder Y Williams.B
Williams.J Williams.R Y Yeargin Murphy,Spkr

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

HB 1647.

By Representatives Watts of the 41st, Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and others:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that no pamphlet, booklet, brochure, or other promotional or informational publication printed by any agency or department of the executive branch shall contain in or on its cover, title page, table of contents, foreword, or other similar location the name of any official of the executive branch.

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 that no pamphlet, booklet, brochure, or other promotional or informational publication printed by or for any agency or department of the executive branch shall contain in or on its cover, title page, table of contents, foreword, or other similar location the name or picture of any official of the executive branch; to provide that no marker, sign, plaque, billboard, monument, or other similar item erected or maintained by or for any agency or department of the executive branch shall contain the name or picture of any official of the executive branch; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Article 1 of Chapter 18 which reads as follows:
"ARTICLE 1 RESERVED",
and inserting in its place a new article to read as follows:
"ARTICLE 1
50-18-1. (a) No pamphlet, booklet, brochure, or other promotional or informational publication, excluding stationery, printed by or for any agency or department of the executive branch shall contain in or on its cover, title page, table of contents, foreword, or similar location the name or picture of any official of the executive branch. The inclusion of the title of an official of the executive branch in or on the cover, title page, table of contents, foreword, or other similar location of such a publication shall be permissible, so long as the title of the official is not accompanied by the official's name or picture.
(b) Subsection (a) of this Code section shall not apply with respect to the Governor."
Section 2. Said title is further amended by adding at the end of Article 1 of Chapter 16 a new Code Section 50-16-19 to read as follows:
"50-16-19. (a) No marker, sign, plaque, billboard, monument, or other similar item created, erected, or maintained by or for any agency or department of the executive branch shall contain the name or picture of any official of the executive branch. The inclusion of the title of an official of the executive branch on such an item shall be permissible, so long as the title of the official is not accompanied by the official's name or picture.
(b) Subsection (a) of this Code section shall not apply with respect to the Governor. (c) Subsection (a) of this Code section shall not apply with respect to a marker, sign, plaque, billboard, monument, or other similar item created or erected prior to July 1, 1992, so long as such item is not moved, renovated, repainted, or otherwise substantially modified on or after July 1, 1992; but upon any such modification on or after July 1, 1992, subsection (a) of this Code section shall become applicable to such item."
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 Abernathy
Y' Adams
Aiken
Y Alford
Y Ashe Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield
N Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove

Y Brooks
Brown
Y Brush
Y Buck
Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter
Y Cauthorn
Y Chafin Y Chambless N Cheeks Y Childers
Y Clark.E Y Clark.L
Coker Y Coleman Y Colwell
Y Connell

Y Culbreth
Cummings,B
Cummings,M
Y Davis.D
Davis.G Y Davis.M
Dixon.H
Dixon.S Dobbs Y Dover
Dunn
Y Edwards Elliott
Y Felton Fennel
Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden .
Y Goodwin

E Green
Y Greene
Griffin
Groover
Y Hamilton Y Hammond
Hanner
Y Harris,B Y Harris.J Y Heard
Y Henson
Y Herbert Y Holland Y Holmes
Howard
Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins
Y Jones

Y Kilgore
Y King
Y Kingston
Y Klein
Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
Y Lee
Y Long Y Lord Y Lucas Y Mann
Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B
McKinney.C

THURSDAY, FEBRUARY 20, 1992

1297

N Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody
Y Morsberger Y Moultrie
Y Mueller
Y Oliver.C Y Oliver.M
Y Orr Y Orrock Y Padgett
Y Parham

Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston N Poag
N Porter
Poston Y Powell.A
N Powell.C Y Presley Y Purcell
Randall

N Ray Y Reaves
Redding Y Ricketson Y Royal
Selman
Y Sherrill Y Simpson
Sinkfield
Y Skipper Y Smith.L
Y Smith,? Y Smith.T
Smith.W
Y Smyre

Y Snow Y Stancii.F Y Stancil.S Y Stanley
Streat Y Taylor
Y Teper Y Thomas.C
Thomas.M
Y Thomas.N Y Thurmond
Titus Y Tolbert
Townsend
Y Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall
Y Watson Y Watts
White
Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 134, nays 7.
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 1106.

By Representatives Lane of the 27th, Benefield of the 72nd, Barnett of the 10th, Smith of the 78th and Skipper of the 116th:
A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the ownership, operation, and maintenance by political subdivisions of airports in existence on July 1, 1992, either inside or outside the geographical boundaries of such political subdivision.

By unanimous consent, further consideration of HB 1106 was postponed until Monday morning, February 24, 1992, immediately following the period of unanimous consents.

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 Reaves of the 147th, Godbee of the 110th, Branch of the 137th, Moody of the 153rd and Greene of the 130th:
A bill to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to fees for licenses.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to fees for licenses; to provide for inspection fees and the establishment thereof; to provide that any person, bank, or lending institution that accepts warehouse receipts shall be required to inspect the warehouses to determine if goods are present; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," is amended by striking Code Section 10-4-17, relating to fees for licenses and additional inspections, which reads as follows:

1298

JOURNAL OF THE HOUSE,

"10-4-17. (a) Every warehouseman coming under this article shall pay an annual license fee of $10.00 for each license issued to him. Each license so issued shall expire on July 1 of each year, and each application for license must be accompanied by the license fee.
(b) In the event the warehouseman requests the Commissioner to make additional inspection of his warehouse, the warehouseman will be charged $25.00 per inspector day for the inspection service.", and inserting in lieu thereof a new Code Section 10-4-17 to read as follows:
"10-4-17. Warehousemen coming under this article shall pay an annual license fee which includes all inspections in an amount based on storage capacity in an amount fixed by rule or regulation of the Commissioner. These fees shall not exceed actual cost of inspections and are inclusive. The amount paid shall be based on storage capacity and shall be at least $500.00 and no more than $2,000.00 for cotton warehouses, $500.00 to $1,000.00 for grain warehouses, and $500.00 to $1,000.00 for other agricultural products facilities desiring to come under this article. Each license so issued shall expire on July 1 of each year, and each application for license must be accompanied by the license fee."
Section 2. Said article is further amended by adding a new Code section to read as follows:
"10-4-33. Notwithstanding the provisions of this article, any person, including, but not limited to, any bank, savings and loan, or other financial lending institution, that requires, solicits, or otherwise accepts warehouse receipts issued in accordance with this article as collateral or security for a debt, account, promissory note, or any type of loan shall have the duty to inspect and take such other reasonable measures as may be necessary to ensure that the goods represented by the warehouse receipts are present and accounted for and are in suitable condition."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy Adams
Y Aiken
Y Alford Y Ashe Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Y Barnett.B Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner
Y Byrd

Y Campbell Y Canty
Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Coleman Colwell Y Connell Y Culbreth Y Cummings.B Cummings,M Davis.D Davis.G
Y Davis.M Dixon.H
Y Dixon.S Dobbs
Y Dover Dunn
Y Edwards

Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene
Griffin Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson Herbert Y Holland Holmes Y Howard Y Hudson Irwin
Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing N Kingston
Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee YLong YLord
Lucas YMann Y Martin Y McBee
Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Merritt Y Milam

Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell,A Y Powell.C
Y Presley Y Purcell
Randall

THURSDAY, FEBRUARY 20, 1992

1299

Y Ray
Y Reaves
Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Simpson
Y Sinkfield

Skipper
Y Smith.L
Y Smith.P
Y Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F
Y Stancil.S

Y Stanley
Streat
Y Taylor
Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond
Titus

Y Tolbert
Townsend
Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L
Y Wall

Y Watson
Y Watts
Y White
Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 136, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1440.

By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th:
A bill to amend Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to the control of vehicle emissions, so as to broaden the application of certain requirements for emission inspection; to provide a short title.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to the control of vehicle emissions, so as to repeal Part 2 thereof, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act"; to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to redesignate and change certain references in Chapter 9 thereof, relating to the prevention and control of air pollution; enact the "Georgia Motor Vehicle Emission Inspection and Maintenance Act"; to broaden the application of certain requirements for emission inspection; to provide a short title; to provide legislative findings; to provide a declaration of public policy; to define certain terms; to provide for applicability; to provide for the issuance of certificates of emission inspection in certain counties; to provide for powers and duties of the Board of Natural Resources; to provide for powers and duties of the commissioner of natural resources; to provide for certain inspections and for maintenance and repair of certain equipment; to provide for the certification of inspection stations; to provide for the inspection of records and the investigation of certain facilities; to provide for proof of inspection as a prerequisite to vehicle registration; to provide for the revocation of certain certificates of authorization; to provide for a hearing; to provide for the sale of vehicles required to display proof of inspection; to provide for unlawful acts and penalties; to provide for the effect of certain federal laws; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain references to contained therein; to provide for the effect of this Act on existing laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to the control of vehicle emissions, is amended by striking in its entirety Part 2 thereof, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," and inserting in lieu thereof the following:
"Part 2 Reserved"
Section 2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking in its entirety Chapter 9 thereof, relating to the prevention and control of air pollution, and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

"CHAPTER 9 ARTICLE 1
12-9-1. This article shall be known and may be cited as 'The Georgia Air Quality Act of 1978.'
12-9-2. It is declared to be the public policy of the State of Georgia to preserve, protect, and improve air quality and to control emissions to prevent the significant deterioration of air quality and to attain and maintain ambient air quality standards so as to safeguard the public health, safety, and welfare consistent with providing for maximum employment and full industrial development of the state.
12-9-3. As used in this article, the term: (1) 'Administrator' means the administrator of the United States Environmental
Protection Agency. (2) 'Air-cleaning device' means any method, process, or equipment which removes,
reduces, or renders less noxious air contaminants discharged into the atmosphere. (3) 'Air contaminant' means solid or liquid particulate matter, dust, fumes, gas,
mist, smoke, or vapor or any matter or substance either physical, chemical, biological, radioactive (including source material, special nuclear material, and by-product material), or any combination of any of the above.
(4) 'Air pollution' means the presence in the outdoor atmosphere of one or more air contaminants.
(5) 'Area of the state' means any city or county or portion thereof or other substantial geographical area of the state as may be designated by the division.
(6) 'Board' means the Board of Natural Resources of the State of Georgia. (7) 'Construction' means any fabrication, erection, or installation and includes any modification as defined in paragraph (18) of this Code section. (8) 'Delayed compliance order' means an order issued by the director under Code Section 12-9-12, or by the administrator under 42 U.S.C. Section 7413(d), to a stationary source, postponing the date required by this article for compliance by such source with any requirement of or established pursuant to, or continued in effect by, this article. (9) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources of the State of Georgia or his designee. (10) 'Division' means the Environmental Protection Division of the Department of Natural Resources of the State of Georgia. (11) All language referring to 'effects on welfare' includes, but is not limited to, effects on soils, water, crops, vegetation, man-made materials, animals, wildlife, weather, visibility, and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values or development and on personal comfort and well-being. (12) 'Emission' or 'emitting' means any discharging, giving off, sending forth, placing, dispensing, scattering, issuing, circulating, releasing, or any other emanation of any air contaminant or contaminants into the atmosphere.
(13) 'Emission limitation' and 'emission standard' mean a requirement established which limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, including any requirement relating to the equipment or operation or maintenance of a source to assure continuous emission reduction.
(14) 'Federal act' means 42 U.S.C. Section 7401, et seq., as amended.
(15) 'Indirect source or facility' means a source or facility which attracts or tends to attract activity that results in emission of any air pollutant for which there is an ambient air standard.
(16) Except as otherwise expressly provided, the terms 'major stationary source' and 'major emitting facility' mean any stationary facility or source of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any air pollutant (including any major emitting facility or source of fugitive emissions of any such pollutant), whether such source is an existing facility, a new facility, or a facility which undergoes one or more modifications.

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(17) 'Means of emission limitation' means a system of continuous emission reduction, including the use of specific technology or fuels with specified pollution characteristics.
(18) 'Modification' means any change in or alteration of fuels, processes, operation, or equipment, including any chemical changes in processes or fuels, which affects the amount or character of any air pollutant emitted or which results in the emission of any air pollutant not previously emitted. No source shall, by reason of a change which decreases emissions, become subject to the new source performance standards of 42 U.S.C. Section 7411, unless required by the federal act. This definition does not apply where the word 'modification' is used to refer to action by the director, division, or Board of Natural Resources in modifying or changing rules, regulations, orders, or permits. In that context the word has its ordinary meaning.
(19) 'Person' means any individual, corporation, partnership, association, state, municipality, or political subdivision of a state, and any agency, department, or instrumentality of the United States government, or any other entity, and any officer, agent, or employee of any of the above.
(20) 'Schedule and timetable of compliance' means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an emission limitation, other limitation, prohibition, or standard.
(21) 'Source' or 'facility' means any property, source, facility, building, structure, location, or installation at, from, or by reason of which emissions of air contaminants are or may reasonably be expected to be emitted into the atmosphere. Such terms include both real and personal property, stationary and mobile sources or facilities, and direct and indirect sources or facilities, without regard to ownership, and both public or private property.
(22) 'Standard of performance' means a requirement of continuous emission reduction, including any requirement relating to the equipment, operation, or maintenance of a source to assure continuous emission reduction. A standard of performance for any fossil-fuel-fired stationary source subject to 42 U.S.C. Section 7411(b) must also produce and result in a percentage reduction in the emissions from such category of sources from the emissions which would have resulted from the use of fuels which are not subject to treatment prior to combustion, as required by 42 U.S.C. Section
(23) 'Supplemental or intermittent means of emission limitation' means all other means of emission limitation other than systems of continuous emission reduction and includes all dispersion dependent techniques. 12-9-4. The division is designated as the state agency to administer this article consistent with the policy stated in Code Section 12-9-2.
12-9-5. (a) Any hearing officer appointed by the Board of Natural Resources, and all members of five-member committees of the Board of Natural Resources, shall, and at least a majority of members of the entire Board of Natural Resources shall, represent the public interest and shall not derive any significant portion of their income from persons subject to permits or enforcement orders under this article. All potential conflicts of interest shall be adequately disclosed.
(b) In the performance of its duties, the Board of Natural Resources shall have and may exercise the power to:
(1) Adopt, promulgate, modify, amend, and repeal rules and regulations necessary to abate or control air pollution, or necessary to implement any of the provisions of this article, consistent with the declaration of public policy. Such requirements may be for the state as a whole or may vary from area to area, as may be appropriate to facilitate accomplishment of the policy of this article;
(2) Establish ambient air quality standards for the state, provided that they are in all cases not less stringent than provided by the federal act;
(3) Establish such standards of performance, or emission limitations or standards for sources, as are necessary to prevent, control, or abate air pollution, to attain and maintain ambient air quality standards, and to fulfill the policy of this article, provided that such standards or limitations are no less stringent than the federal act;

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(4) Require the owner or operator of any stationary air pollution source or facility to establish and maintain such records; make such reports; install, use, and maintain such emission or process monitoring equipment or methods, continuous or otherwise; and sample such emissions in accordance with such methods or procedures, at such locations or intervals as reasonably may be required to implement this article, provided that no requirement under this paragraph shall be any less stringent than the federal act;
(5) Require the use of air-cleaning devices or means of emission limitation (whether continuous, supplemental, or intermittent), or require compliance with standards of performance;
(6) Prevent the significant deterioration of the air quality by establishing air quality increments limiting the maximum allowable increases in the amount of air pollutants, provided that such increments are those specified in 42 U.S.C. Section 7473 or pursuant to 42 U.S.C. Section 7476;
(7) Allow the construction of new major stationary sources or modifications in areas where the national ambient air standards are not met (nonattainment areas), or in other areas contributing to the air pollution of such areas, only after imposing requirements and appropriate emissions offsets or reductions no less stringent than the requirements of the federal act;
(8) Require preconstruction or premodification review procedures prior to the construction of any new stationary source or modification of any existing stationary source sufficient to allow the director to make determinations that the proposed construction or modification will not cause, or contribute to, a failure to attain or maintain any ambient air quality standard, a significant deterioration of air quality, or a violation of any applicable emission limitation or standard of performance; and to require that prior to commencing construction or modification, any person proposing such construction or modification shall submit required information to the director. Such preconstruction and premodification review requirements shall be no less stringent than, and shall require that no proposed source may be permitted unless such source meets, all the requirements for review and for obtaining a permit prescribed in Title I, Part C and Part D, of the federal act, and Section 129(a) of P.L. 95-95, the federal Clean Air Act Amendments of 1977, approved August 7, 1977, as amended; and
(9) Establish satisfactory processes of consultation and cooperation with generalpurpose local governments, or other designated organizations of elected officials, or federal land managers, for the purposes of planning, implementing, and determining requirements under this article, to the extent required by the federal act. 12-9-6. (a) The director shall represent the public interest and shall not derive a significant portion of his income from persons subject to rules, regulations, permits, or orders under this article. Any potential conflict of interest shall be adequately disclosed. (b) The director shall have and may exercise the following powers and duties:
(1) To exercise general supervision over the administration and enforcement of this article and all rules, regulations, and orders promulgated under this article;
(2) To encourage, participate in, or conduct such studies, reviews, investigations, research, and demonstrations relating to air quality or sources of air pollution in this state as he deems advisable and necessary;
(3) To issue permits contemplated by this article, stipulating in each permit the conditions or limitations under which such permit is issued, and to deny, revoke, modify, or amend permits;
(4) To make investigations, analyses, and inspections to determine and ensure compliance with this article, rules and regulations effective pursuant hereto, and any orders which the director may issue;
(5) To advise, consult, cooperate, and contract on air quality matters with other agencies of the state, political subdivisions thereof, or other designated organizations of elected officials; 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 of elected officials;

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(6) To conduct such public hearings as he deems necessary for the proper administration of this article;
(7) To collect and disseminate information and to provide for public notification in matters relating to air quality;
(8) To issue orders as may be necessary to enforce compliance with this article and all rules and regulations effective hereunder;
(9) To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative, civil, or criminal proceedings to enforce the provisions of this article;
(10) To exercise all incidental powers necessary to carry out the purposes of this article and to accept and administer grant funds;
(11) To prepare, develop, amend, modify, submit, and enforce a comprehensive plan or plans sufficient to comply with the federal act (including emission control and limitation requirements, standards of performance, preconstruction review, and other requirements) for the prevention, abatement, and control of air pollution in this state, for the prevention of significant deterioration of air quality, and for the achievement and maintenance of ambient air quality standards; and
(12) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article.
(c) The powers and duties described in this Code section may be exercised and performed by the director through such duly authorized agents and employees as he deems necessary and proper.
12-9-7. The factors listed in this Code section shall be considered in exercising powers and responsibilities related to air quality, provided that such factors shall be consid-
ered only to the extent consistent with the federal act, and considerations of costs and technical feasibility shall be subordinate to considerations of public health. These factors are:
(1) The quantity and characteristics of air contaminants and the duration of their
presence in the atmosphere which may cause air pollution in a particular area of the state;
(2) Existing physical conditions and topography; (3) Prevailing wind directions and velocities;
(4) Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions;
(5) Possible chemical reactions between air contaminants or between such contami-
nants and air gases, moisture, or sunlight;
(6) The predominant character of development of the area of the state, such as residential, highly developed industrial, commercial, or other characteristics;
(7) The question of priority of location in the area involved; (8) Availability of air-cleaning devices and means of emission limitation;
(9) Economic feasibility of such devices and means;
(10) Effect on normal human health of particular air contaminants; (11) Effect on efficiency of industrial operations resulting from use of air-cleaning
devices or means of emission limitation;
(12) Extent of danger to property in the area reasonably to be expected from any particular air contaminant;
(13) Interference with the reasonable enjoyment of life by persons in the area and
the conduct of established enterprises which can reasonably be expected from air contaminants;
(14) The volume of air contaminants emitted from a particular class of air contaminant source;
(15) The economic and industrial development of the state and the social and economic value of the source of air contaminants;
(16) The maintenance of public enjoyment of the state's natural resources; and (17) Other factors which the Board of Natural Resources or director may find applicable.
12-9-8. (a) No person shall, and it shall be unlawful and a violation of this article to, construct, install, modify, own, or operate any stationary facility or stationary source

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or any equipment, device, article, or process capable of causing or contributing to the emission of air contaminants from such source or designed to prevent air pollution from such sources unless permitted by and in compliance with a permit from the director. An application for a permit shall be submitted in such manner and form as the director may prescribe. A permit shall be issued to an applicant on evidence satisfactory to the director of compliance with this article and any standards, limitations, requirements, or rules and regulations pursuant to this article.
(b) The director may require that applications for such permits shall be accompanied by plans, specifications, and such other information as he deems necessary to make a determination of compliance with this article and rules or regulations pursuant to this article.
(c) The director may revoke, suspend, modify, or amend any permit issued, for cause, including but not limited to the following:
(1) Violation of any condition of such permit or failure to comply with a final order of the director;
(2) Failure to comply with any applicable rules or regulations in effect pursuant to this article;
(3) Obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts, or failure to inform the division of modifications affecting emissions; or
(4) Modifications which affect emissions. (d) In the event of modification, amendment, suspension, or revocation of a permit, the director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for the action. (e) Possession of an approved permit shall not be construed so as to relieve any person of the responsibility to comply with applicable emission limitations or standards of performance or with any other provision of this article or rules or regulations adopted pursuant to or in effect under this article, except as may be specifically provided in such permit. (f) Any permit issued by the director, or any modification, revocation, suspension, or amendment of a permit, shall become final unless a petition for hearing in accordance with Code Section 12-9-15 is filed. 12-9-9. (a) The owner or operator of any stationary source shall pay to the division as a condition of any permit required under this article or under Ga. L. 1967, p. 581, as amended, an annual fee, or its equivalent over some other period, sufficient to cover:
(1) The reasonable cost of reviewing and acting upon any application for a permit under this article;
(2) The reasonable cost incurred after July 1, 1978, of implementing and enforcing the terms and conditions of any permit issued under this article or under Ga. L. 1967, p. 581, as amended, regardless of whether the permit was issued before or after July 1, 1978; provided, however, such cost shall not include any court cost or other costs associated with any judicial enforcement action;
(3) Emissions and ambient monitoring;
(4) Preparing generally applicable regulations or guidance;
(5) Modeling, analyses, and demonstrations; and
(6) Preparing inventories and tracking emissions.
(b) The total amount of fees collected shall not be less than $25.00 per ton of emissions allowed in the permit of each regulated pollutant as defined in Section 502(b)(3)(B)(ii) of the federal Clean Air Act Amendments of 1990 unless, as provided under the federal act, a lesser amount is approved by the United States Environmental Protection Agency as fulfilling the requirements of the federal act. No fee shall be collected for more than 4,000 tons per year of any individual regulated pollutant emitted by any source or any group of sources located within a contiguous area and under common control. No fee shall be collected for the emission of carbon monoxide which is not a regulated pollutant as defined in Section 502(b)(3)(B)(ii) of the federal Clean Air Act Amendments of 1990.
(c) The fee collected shall be increased consistent with the need to cover the costs authorized in subsection (a) of this Code section by the percentage, if any, by which the

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Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this subsection the Consumer Price Index is the average of the Consumer Price Index for all-urban consumers published by the Department of Labor, as of the close of the 12 month period ending on August 31 of each calendar year, and the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for 1989 shall be used.
(d) The director may reduce any permit fee required under this article to take into account the financial resources of small business stationary sources as defined under the federal act or regulations promulgated pursuant thereto.
(e) The owner or operator of any stationary source shall, in addition to the fees provided for in subsections (a) through (c) of this Code section, pay any cost or expense associated with public notices or notifications required pursuant to this article or the federal act.
(f) Collection of fees pursuant to this Code section shall preclude collection of any air quality control permit fees by any other state or local governmental authority.
(g) Collection of fees pursuant to this Code section will not begin prior to July 1, 1992, and is contingent upon implementation by the United States Environmental Protection Agency of a requirement of fee collection by the permitting authority under rules promulgated pursuant to Section 502(b)(3) of the federal Clean Air Act Amendments of 1990.
(h) The General Assembly declares its intent that the fee provisions of this Code section shall be consistent with and shall meet the requirements of the federal Clean Air Act Amendments of 1990 but shall not duplicate the fees charged thereunder. The General Assembly further declares its intent to ensure that any permit fee collected by the division shall be utilized solely to cover all reasonable direct and indirect costs required to support the permit program as set forth in the federal Clean Air Act Amendments of 1990.
12-9-10. For the purpose of (1) determining whether any person subject to the requirements of this article is in compliance with any standard or requirement imposed pursuant to this article, or (2) investigating conditions relating to air pollution or possible air pollution, where the director is in possession of information sufficient to form a reasonable belief that air pollution or possible air pollution in violation of this article is occurring or about to occur, the director or his authorized representative, upon presentation of his credentials, shall have a right to enter into, upon, or through premises of persons subject to the article or premises whereon a violation of the article is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, sample emissions, and inspect for compliance with the requirements imposed under this article or to determine whether such a violation or threatened violation exists.
12-9-11. 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 an unlawful action under this article, he may make application to the superior court of the county in which the unlawful act or practice has been or is about to be engaged in, or in which jurisdiction is appropriate, for an order enjoining such act or practice or for an order requiring compliance with this article. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy of law.
12-9-12. (a) The director may issue to any stationary source which demonstrates an inability to comply with requirements under this article an order which specifies a date for final compliance with any requirement under this article later than July 1, 1978, if:
(1) Such order is issued after notice to the public (and, as appropriate, to the administrator), containing the content of the proposed order and opportunity for public hearing;
(2) The order contains a schedule and timetable for compliance;
(3) The order requires compliance with applicable interim requirements as provided in subsection (e) of this Code section (relating to sources converting to coal) and

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subsections (f) and (g) of this Code section (relating to all sources receiving such orders) and requires the emission monitoring and reporting by the source required by this article;
(4) The order provides for final compliance with requirements under this article as expeditiously as practicable, but, except as provided in subsection (d) or (e) of this Code section, in no event later than either:
(A) July 1, 1979; or (B) Three years after the 'date required or specified for compliance' with the requirement with respect to which the order relates. The 'date required or specified for compliance' shall be the date required or specified for compliance in Ga. L. 1967, p. 581, et seq., as amended, (replaced by this article) or in rules and regulations adopted or permits or orders issued pursuant thereto, when the requirement is one initially imposed thereunder and continued in effect by this article. With respect to requirements initially imposed by this article or by rules or regulations adopted under this article, the 'date required or specified for compliance' shall be the date required or specified for compliance by this article or by the rule or regulation
adopted hereunder, whichever (either subparagraph (A) or (B) of this paragraph) is later;
(5) In the case of a major stationary source, the order notifies the source that it
will be required to pay a noncompliance penalty, as provided in Code Section 12-9-22, in the event such source fails to achieve final compliance by July 1, 1979. (b) In the case of any major stationary source, no such order issued by the director
shall take effect until the administrator determines that such order has been issued in accordance with the requirements of the federal act. In the case of any source other than a major stationary source, such order issued by the director shall cease to be effective upon a determination by the administrator that it was not issued in accordance with the
requirements of the federal act. In any case, no order shall be issued by the director under this Code section if the proposed order would be in violation of requirements
imposed by the federal act. No order issued under this Code section to a source subject to 42 U.S.C. Section 7411 shall be effective unless it meets the requirements for the issu-
ance of a waiver under 42 U.S.C. Section 7411(j) and is approved by the Governor. Nothing in this Code section shall be construed as limiting the authority of the board
or director to adopt and enforce a more stringent emission limitation or more expedi-
tious schedule or timetable for compliance than that contained in any order the adminis-
trator may issue under the federal act. (c) If any source not in compliance with any requirement of this article gives written
notification to the state that such source intends to comply by means of replacement of the facility, a complete change in production process, or a termination of operation,
the director may issue an order under subsection (a) of this Code section permitting the
source to operate until July 1, 1979, without any interim schedule of compliance, provided that as a condition of the issuance of any such order, the owner or operator of such source shall post a bond or other surety, acceptable to the director and payable to the state, in an amount equal to the cost of actual compliance by such facility and
any economic value which may accrue to the owner or operator of such source by reason of the failure to comply. If a source for which the bond or other surety required by this
subsection has been posted fails to replace the facility, change the production process,
or terminate the operations as specified in the order by the required date, the owner or operator shall immediately forfeit on the bond or other surety and the director shall have no discretion to modify the order under this Code section or to compromise the
bond or other surety, unless allowed by the federal act. (d) An order as provided in subsection (a) of this Code section may be issued to an
existing stationary source if the following terms and conditions are met: (1) The source will expeditiously use new means of emission limitation which the
director determines is likely to be adequately demonstrated (within the meaning of, and consistent with, 42 U.S.C. Section 741 l(j) of the federal act) upon expiration of
the order; (2) Such new means of emission limitation is not likely to be used by such source
unless an order is granted under the terms of this subsection;

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(3) Such new means of emission limitation is determined by the director to have a substantial likelihood of:
(A) Achieving greater continuous emission reduction than the means of emission limitation which but for such order would be required; or
(B) Achieving an equivalent continuous reduction at lower cost in terms of energy, economic, or non-air quality environmental impact; and
(4) Compliance by the source with the requirement which is the subject of the order would be impracticable prior to or during the installation and use of such new means.
An order under the terms of this subsection shall provide for final compliance with the requirements of this article as expeditiously as practicable, but in no event later than five years after the date required or specified for compliance with the requirement. The date required or specified for compliance shall be determined as in subparagraph (a)(4)(B) of this Code section.
(e) Any major stationary source which is burning petroleum products, natural gas, or both and which:
(1) Is prohibited from doing so under an order pursuant to the provisions of Section 2 (a) of the federal Energy Supply and Environmental Coordination Act of 1974 or any amendment thereto or any subsequent enactment which supersedes such provisions; or
(2) Within one year after August 7, 1977, gives notice of intent to convert to coal as its primary energy source because of actual or anticipated curtailment of natural gas supplies under any curtailment plan or schedule approved by the Federal Power Commission (or, in the case of intrastate natural supplies, approved by the appropriate state regulatory commission); and
(3) Which, by reason of either of the occurrences listed in paragraphs (1) and (2) of this subsection, would no longer be in compliance with any requirement of this article; and
(4) Which is issued an order by the administrator under Section 113(d)(5)(A) of the federal act, 42 U.S.C. Section 7413(d)(5)(A) shall comply with the emission limitations, requirements, and measures required by the administrator under Section 113(d)(5) of the federal act and by the director under paragraph (2) of subsection (g) of this Code section.
(f) An order issued to a source under this Code section shall set forth compliance schedules containing increments of progress which require compliance with the postponed requirement as expeditiously as practicable.
(g) A source to which an order is issued by the director under subsection (a), (c), or (d) of this Code section, or by the administrator under Section 113(d)(5) of the federal act, shall:
(1) Use the best practicable system or systems of emission reduction as determined by the director, or the administrator, if the order is issued under Section 113(d)(5) of the federal act taking into account the requirement with which the source must ultimately comply for the period during which such order is in effect; and
(2) Comply with such interim requirements as the director determines are reasonable and practicable. Such interim requirements shall include:
(A) Such measures as the director determines are necessary to avoid an imminent and substantial endangerment to health of persons; and
(B) A requirement that the source comply with all other requirements of this article during any such period insofar as such source is able to do so, as determined by the director.
(h) Any order issued under this Code section shall be terminated if the director determines, after notice and hearing, that the inability of the source to comply no longer
exists. If the owner or operator of the source to which the order is issued demonstrates
that prompt termination of such order would result in undue hardship, the termination shall become effective at the earliest practicable date on which such undue hardship
would not result, but in no event later than the date required under this Code section.

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(i) If the director determines that a source to which an order is issued under this Code section is in violation of any requirement of this Code section, or the order, he shall:
(1) Enforce such requirement as provided for violations of this article; (2) After notice and opportunity for public hearing, revoke such order and enforce compliance with the requirement with respect to which such order was granted; (3) Give notice of noncompliance and commence action under Code Section 12-9-23 or 12-9-22; or (4) Take any appropriate combination of such actions.
(j) During the period of the order issued under this Code section and where the owner or operator is in compliance with the terms of such order, no other enforcement action under this article shall be pursued against such owner or operator based upon noncompliance during the period the order is in effect with respect to the requirement for the source covered by such order.
12-9-13. Whenever the director has reason to believe that a violation of any provisions of this article or rule or regulation of the Board of Natural Resources or any order of the director has occurred, he shall attempt to remedy the same by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may cause a written complaint to be served on the alleged violator or violators. The complaint shall specify the provisions of the article or regulation or order alleged to have been violated, and the fact alleged to constitute a violation thereof, and shall require that necessary corrective action be taken within a reasonable time to be prescribed in such complaint. If the person or persons named in the complaint fail to take the required corrective action as prescribed, then the director may issue an order to such person or persons requiring compliance with the article, rule, regulation, or prior order. Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing before the department pursuant to Code Section 12-9-15. Any order which would result in a delay or extension of the time required or specified for compliance with a requirement must meet the requirements of and be issued pursuant to Code Section 12-9-12.
12-9-14. Notwithstanding any other provision of this article, the director, upon receipt of evidence that a pollution source or combination of sources is presenting imminent and substantial danger to the health of persons, may bring an action as provided in Code Section 12-9-11 to immediately restrain any person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the director, with the concurrence of the Governor, may issue such orders as may be necessary to protect the health of persons who are, or may be, affected by such pollution source or sources. Prior to issuing an order under this Code section, the director shall consult with local authorities in order to confirm the correctness of the information on which action proposed to be taken is based and to ascertain the action which such authorities are or will be taking. Notwithstanding Code Sections 12-9-11 through 12-9-13 and 12-9-15, such order shall be immediately effective for a period of not more than 24 hours unless the director brings an action under the first sentence of this Code section before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for a period of 48 hours or such longer period as may be authorized by the court pending litigation or thereafter.
12-9-15. All hearings on and review of contested matters, orders, or permits, and all hearings on and review of any other enforcement actions or orders under this article, shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and review procedure provided in this Code section is to the exclusion of all other means of hearing or review.
12-9-16. Any order of a hearing officer issued after a hearing as provided in Code Section 12-9-15, or any order of the director issued under Code Section 12-9-13 or 12-9-22, either:

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(1) Unappealed from, as provided in those Code sections; or (2) Affirmed or modified on any review or appeal pursuant to Code Section 12-9-15 and from which no further review is taken or allowed under Code Section 12-9-15 may be filed as unappealed from or as affirmed or modified, if reviewed or appealed, by certified copy from the director, in the superior court of the county wherein the person resides, or if the person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, whereupon the 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 the judgment had been rendered in an action duly heard and determined by such court. 12-9-17. It shall be the duty of the Attorney General to represent the director or designate some member of his staff to represent the director in all actions in connection with this article. 12-9-18. Notwithstanding any other provision of this article relating to the authority, power, and responsibility of the Board of Natural Resources, department, division, or director, the Governor is authorized to designate air quality regions within the state as provided in 42 U.S.C. Section 7407(e); petition the President as provided in 42 U.S.C. Section 7410(f); make application to the administrator pursuant to 42 U.S.C. Section 7411(g); consent to waivers pursuant to 42 U.S.C. Section 7411(j); require measures to prevent economic disruption of employment pursuant to 42 U.S.C. Section 7425; redesignate areas of the state to allow maximum industrial development pursuant to 42 U.S.C. Section 7474; recommend variances pursuant to 42 U.S.C. Section 7475; designate organizations pursuant to 42 U.S.C. Section 7504; and to take such other specific acts required by governors under 42 U.S.C. Section 7401, et seq.; all subject to the Governor's power to delegate such authority by executive order or otherwise to the director.
12-9-19. Information relating to secret processes, devices, or methods of manufacture or production obtained by the division in the administration of this article shall be kept confidential; provided, however, reports on the nature and amounts of stationary source emissions obtained by the division shall be available for public inspection from the division. This Code section shall have no effect on the division's duty to provide such information to the administrator, or his agents or representatives, pursuant to the federal act.
12-9-20. It is the legislative intent that:
(1) To the extent consistent with the provisions of this article, the Department of Natural Resources Rules and Regulations for Air Quality Control, Chapter 391-3-1 of the Secretary of State's Official Compilation of Rules and Regulations of the State of Georgia, adopted or promulgated by the Board of Natural Resources pursuant to Ga. L. 1967, p. 581, as amended, shall continue in force and effect as rules and regulations pursuant to this article. This article shall be considered as legal authority for those rules and regulations, and any reference in those rules and regulations shall be interpreted and read as a reference to this article, and those rules and regulations shall not be considered insufficient or defective for reason of reference to or stated reliance upon Ga. L. 1967, p. 581, as amended, instead of this article;
(2) All currently effective permits issued under Ga. L. 1967, p. 581, as amended, shall continue in effect to the extent consistent with this article. All references in those permits to Ga. L. 1967, p. 581, as amended, or to rules and regulations thereunder shall be construed to refer to the appropriate provisions of this article and rules or regulations effective hereunder, and all persons permitted under Ga. L. 1967, p. 581, as amended, are required to comply with this article and rules and regulations effective under this article;
(3) All final orders issued by the director and all consent orders entered into by the director pursuant to Ga. L. 1967, p. 581, as amended, shall continue in effect to the extent consistent with this article;
(4) All such rules, regulations, permits, or orders referred to in paragraph (1), (2), or (3) of this Code section shall be considered rules, regulations, permits, or orders under this article and shall continue in effect as rules, regulations, permits, or orders (as the case may be) under this article only until such time as the Board of Natural

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Resources or the director in the exercise of their respective powers, duties, or responsibilities under this article shall adopt or issue other rules, regulations, permits, or orders inconsistent therewith or shall revoke, revise, modify, suspend, or repeal such rules, regulations, permits, or orders as provided in this article;
(5) A violation of any rule, regulation, permit condition, or order continued in effect by or adopted or issued pursuant to this article is a violation of this article. 12-9-21. Nothing contained in this article shall be deemed to grant to the Board of Natural Resources, department, division, or director any jurisdiction or authority to make any rule, regulation, recommendation, or determination or to enter any order:
(1) With respect to air conditions existing solely within the property boundaries of commercial and industrial plants, works, or operations, if such locations are not subject to regulation under the federal act;
(2) Affecting the relations between employers and employees with respect to or arising out of any air conditions; except that a source which uses a supplemental or intermittent control system for purposes of complying with an order issued by the director under Code Section 12-9-12, or the administrator under 42 U.S.C. Section 7413(d) may not temporarily reduce the pay of any employee by reason of the use of supplemental or intermittent or other dispersion dependent control systems for control of emissions of air pollutants; or
(3) Limiting or restricting the owners of any forest land from burning over their own land, provided that such burning is consistent with the requirements of the federal act. 12-9-22. (a) The following sources shall be subject to noncompliance penalties under the conditions specified in this Code section:
(1) Any major stationary source which is not in compliance with an emission limitation, emission standard, standard of performance, or compliance schedule under any applicable provision of this article or any rule, regulation, permit, consent order, or decree (whether federal or state) or final order adopted, issued, consented to, or otherwise in effect under this article or the federal act;
(2) Any stationary source which is not in compliance with an emission limitation, emission standard, standard of performance, or other requirement applicable to such sources, established under 42 U.S.C. Section 7411 or 7412; or
(3) Any source referred to in paragraph (1) or (2) of this subsection which has been granted an exemption, extension, or suspension under subsection (f) of this Code section or which is covered by a consent order or decree, if such source is not in compliance with any interim emission control requirement or schedule of compliance established under such exemption, extension, suspension, or consent order or decree.
(b) Not later than July 1, 1979, or 30 days after the discovery of such noncompliance, whichever is later, the director shall give a brief but reasonably specific notice of noncompliance to the owner or operator of each source specified in subsection (a) of this Code section. Each person given notice by the director pursuant to this subsection shall either:
(1) Calculate the amount of the penalty owed determined in accordance with subsection (d) of this Code section and the schedule of payments determined in accordance with subsection (d) of this Code section for each source owned or operated by such person and not in compliance, and, within 45 days after the issuance of such notice or within 45 days after a final order or decision denying a petition submitted under paragraph (2) of this subsection, submit that calculation and proposed schedule together with the information necessary for an independent verification thereof to the director; or
(2) Submit a petition, to be filed with the Board of Natural Resources within 45 days, challenging such notice of noncompliance or alleging entitlement to an exemption under subsection (f) of this Code section, with respect to the source. There shall be a hearing on such petition as provided in paragraph (2) of subsection (i) of this Code section.
(c) If the person to whom notice is issued pursuant to subsection (b) of this Code section does not submit a timely petition under paragraph (2) of subsection (b) of this

THURSDAY, FEBRUARY 20, 1992

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Code section, or submits a petition which is denied, and fails to submit a calculation of the penalty assessment and a schedule for payment and the information necessary for independent verification by the division pursuant to paragraph (1) of subsection (b) of this Code section, then the division may enter into a contract with any person who has no financial interest in the matter to assist in determining the amount of the penalty assessment or payments schedule with respect to such source as provided in subsection (d) of this Code section. In any instance of noncompliance where a calculation by the division is necessary under this subsection, any person to whom notice was given under subsection (b) of this Code section shall make available to division personnel, and allow division personnel and disinterested parties contracted with under this subsection to have access to such financial, operational, and maintenance records as shall be necessary to complete computations under subsection (d) of this Code section. Any such availability or access shall be at a reasonable time and place. The amount of the penalty and payment schedule determined pursuant to a contract entered into by the director under this subsection shall be final and shall be considered as and given the effect of a submittal by such person pursuant to paragraph (1) of subsection (b) of this Code section. The director may issue an assessment pursuant to subsection (d) of this Code section based upon the determined amount and schedule and may add to the penalty, as an additional assessment, the cost of carrying out such contract. The director shall give notice of such assessments to persons against whom such assessments are ordered. Any person against whom costs are assessed under subsection (d) of this Code section based upon an amount determined pursuant to this subsection may submit a petition, to be filed with the Board of Natural Resources within 45 days after receipt of such notice, challenging that portion of the penalty assessed pursuant to subsection (d) of this Code section which is attributable to the costs of the contract, and a hearing shall be held thereon as provided in paragraph (2) of subsection (i) of this Code section. The filing of a petition as provided in this subsection shall not, however, affect the assessment or payment of noncompliance penalties nor the payment schedule provided in any order assessing those penalties.
(d) Unless there has been a final determination under paragraph (2) of subsection (i) of this Code section on a petition submitted under paragraph (2) of subsection (b) of this Code section finding no noncompliance or finding the existence of an exemption, penalties or costs shall be assessed, and payment schedules prescribed therefor, by order of the director directed to and against the person or persons to whom notice of noncompliance is given. Such penalties or costs shall be computed, assessed, and paid as follows:
(1) For each quarter, or any part of a quarter, of any period of covered noncompliance, the amount of the noncompliance penalty assessment shall be no less than the quarterly equivalent of the capital cost of compliance and debt service over a normal amortization period, not to exceed ten years, and operation and maintenance cost foregone as a result of noncompliance, and any additional economic value or gain which a delay in compliance beyond July 1, 1979, may have or produce for the owner or operator of such source; minus
(2) The amount of any expenditure made by the owner or operator of that source during any such quarter for the purpose of bringing that source into and maintaining compliance with such requirement to the extent that such expenditures have not been taken into account in the calculation of the penalty under paragraph (1) of this subsection. To the extent that any expenditure under this paragraph made during any quarter is not subtracted for such quarter from the costs under paragraph (1) of this subsection, such expenditure may be subtracted for any subsequent quarter for such cost, except that in no event shall the amount paid be less than the quarterly payment minus the amount attributed to actual cost of construction.
(3) The penalties or costs assessed shall be paid to the director in quarterly installments. All quarterly payments, determined without regard to any adjustment or any subtraction under paragraph (2) of this subsection after the first payment, shall be equal. The first payment shall be due on the date six months after the date of issuance of the notice of noncompliance under subsection (b) of this Code section with
respect to any source, or on January 1, 1980, whichever is later. Such first payment

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shall be in the amount of the quarterly installment for the upcoming quarter, plus the amount owed for a preceding period within the period of covered noncompliance for such source.
(4) The term 'period of covered noncompliance' means the period which begins: (A) On July 1, 1979, in the case of a source for which notice of noncompliance
under subsection (b) of this Code section is issued on or before July 1, 1979; or
(B) On the date of issuance of the notice of noncompliance under subsection (b) of this Code section in the case of a source for which such notice is issued after July 1, 1979, and ending on the date on which such source comes into, or for the purpose of establishing the schedule of payments, is estimated to come into, compliance with such requirement. (5) The director is authorized to issue a final order of assessment and payment schedule from which no appeal or review may be taken, based upon any of the following:
(A) The calculated amount of penalty and payment schedule submitted, pursuant to paragraph (1) of subsection (b) of this Code section (whether submitted within 45 days after notice or within 45 days after a final order or decision denying a petition submitted under paragraph (2) of subsection (b) of this Code section), by the person to whom notice of noncompliance was given, and to which no adjustment is made by the director under subsection (e) of this Code section;
(B) Upon an adjusted amount and payment schedule computed as provided in subsection (e) of this Code section and becoming final under paragraph (1) of subsection (i) of this Code section or upon any hearing or appeal provided for under
subsection (e) of this Code section; (C) Upon an amount and payment schedule determined and becoming final pur-
suant to subsection (c) of this Code section; or with respect to assessments of costs authorized under subsection (c) of this Code section, upon an amount and payment
schedule for costs assessed as provided in subsection (c) of this Code section, becoming final pursuant to paragraph (1) of subsection (i) of this Code section or
upon any hearing or appeal provided for under subsection (c) of this Code section; (D) Upon an amount of nonpayment penalty and payment schedule therefor
computed as provided in subsection (h) of this Code section, becoming final under paragraph (1) of subsection (i) of this Code section, or upon any hearing or appeal
provided for under subsection (h) of this Code section; or (E) Upon an amount of final adjustment and payment schedule therefor com-
puted as provided in subsection (g) of this Code section, becoming final under paragraph (1) of subsection (i) of this Code section or upon any hearing or appeal
provided for under subsection (g) of this Code section. (6) The director is authorized to issue an order of assessment and payment sched-
ule for costs of contracts entered into under subsection (c) of this Code section, adjusted noncompliance penalty amounts determined under subsection (e) of this
Code section, final adjustments under subsection (g) of this Code section, and nonpayment penalties computed under subsection (h) of this Code section, or for other
amounts authorized in this Code section. Such assessments and payment schedules shall be subject to review as provided in the relevant subsection.
(e) The amount of the penalty assessment calculated or the payment schedule proposed by any person pursuant to paragraph (1) of subsection (b) of this Code section
shall be subject to adjustment by the director, if the director finds that the assessment or proposal does not meet the requirements of this Code section. The director shall issue
an assessment pursuant to subsection (d) of this Code section based upon such adjustment and shall give notice of such adjusted assessment. Any person making a submittal under paragraph (1) of subsection (b) of this Code section receiving a notice of adjusted
assessment may submit a petition to the Board of Natural Resources within 45 days challenging such adjusted assessment and a hearing shall be held thereon as provided in paragraph (2) of subsection (i) of this Code section. The director is authorized to
require a final adjustment of the penalty within 180 days after such source comes into
compliance, in accordance with subsection (g) of this Code section.

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(f) (1) Notwithstanding the requirements of paragraphs (1) and (2) of subsection (a) of this Code section, the owner or operator of any source shall be exempted from the duty to pay any noncompliance penalty, if, in accordance with the procedures of paragraph (2) of subsection (b) of this Code section, the owner or operator demonstrates that the failure of such source to comply with any such requirement is due solely to:
(A) A conversion by such source from the burning of petroleum products or natural gas, or both, as the permanent primary energy source to the burning of coal pursuant to an order under 42 U.S.C. Section 7413(d)(5), or Section 119 of the federal Clean Air Act of 1955, as amended, 88 Stat. 248 (as in effect before the date of enactment of the federal Clean Air Act Amendments of 1977);
(B) In the case of a coal-burning source granted an extension under the second sentence of Section 119(c)(l) of the federal Clean Air Act, as amended, 88 Stat. 248 (as in effect before the date of the enactment of the Clean Air Act Amendments of 1977), a prohibition from using petroleum products or natural gas or both, by reason of an order under Section 2(a) and (b) of the federal Energy Supply and Environmental Coordination Act of 1974 or under any legislation which amends or supersedes such provisions;
(C) The use of innovative technology sanctioned by an enforcement order issued by the director consistent with the requirements of subsection (d) of Code Section 12-9-12 or by the Administrator pursuant to 42 U.S.C. Section 7413(d)(4);
(D) An inability to comply with such requirement, which inability results from reasons entirely beyond the control of the owner or operator of such source or of an entity controlling, controlled by, or under common control with the owner or operator of such source and which inability has resulted in a delayed compliance order, or an order under 42 U.S.C. Section 7413 as it existed prior to August 7, 1977; or
(E) The conditions by reason of which a temporary emergency suspension has been authorized with regard to such source, by order of the Governor or his designee in accordance with 42 U.S.C. Section 7410(f) or (g).
(2) Any exemption under paragraph (1) of this subsection ceases to be effective if the person subject to the order fails to comply with the interim emission control requirements or schedules of compliance, including increments of progress, under any extension, order, or suspension.
(3) The director may, after notice and opportunity for public hearing as provided for in this article, exempt any source from the requirements of this Code section with respect to a particular instance of noncompliance if he finds that such instance of noncompliance is de minimis in nature and in duration.
(g) On making a determination that a source, with respect to which a penalty has been paid as assessed under this Code section, is in compliance and is maintaining compliance with the applicable requirement, the director shall review the actual expenditures made by the owner or operator of such source for the purpose of obtaining and maintaining compliance and shall within 180 days after such source comes into compliance provide for a final adjustment of the penalties paid, to be made by order of the director under subsection (d) of this Code section, and shall provide reimbursement, with interest at appropriate prevailing rates, of any overpayment by such person, or shall assess and collect, pursuant to subsection (d) of this Code section, an additional payment with interest at appropriate prevailing rates for any underpayment by such person. The director shall give notice of any final adjustment under this subsection. Any person receiving such notice may submit a petition, filed with the Board of Natural Resources within 45 days after receipt of such notice, for a hearing pursuant to paragraph (2) of subsection (i) of this Code section challenging such final adjustment. The sole issue on such petition shall be the validity and amount of the final adjustment and any assessment of that amount.
(h) Any person who fails to pay the amount of any penalty or cost assessed with respect to any source under this Code section on a timely basis shall be required to pay, and the director shall assess under subsection (d) of this Code section, an additional

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quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's penalties, costs, and nonpayment penalties with respect to such source which are unpaid as of the beginning of such quarter. The director shall give notice of the assessment of nonpayment penalties provided for in this subsection. Any person receiving such notice may submit a petition, to be filed with the Board of Natural Resources within 45 days after receipt of such notice, for a hearing pursuant to paragraph (2) of subsection (i) of this Code section challenging such nonpayment penalty. The filing of such a petition shall not, however, affect the assessment or payment of noncompliance penalties nor the payment schedule prescribed for payment in any order assessing those amounts. The sole issue in a petition under this subsection is the validity and amount of the nonpayment penalty assessment.
(i) (1) (A) If any person receiving a notice under subsection (b) of this Code section does not submit a petition as provided in paragraph (2) of subsection (b) of this Code section, and the director issues an assessment for noncompliance penalties pursuant to subsection (d) of this Code section, based upon an amount determined under subsection (c) of this Code section; (B) If the director makes an adjustment under subsection (e) of this Code section to a submittal made under paragraph (1) of subsection (b) of this Code section and issues an assessment pursuant to subsection (d) of this Code section based on that adjustment, and no petition as provided in subsection (e) of this Code section is filed challenging such adjustment; (C) If the director enters into a contract pursuant to subsection (c) of this Code section and issues an assessment of costs pursuant to subsection (d) of this Code section based upon the contract entered into under subsection (c) of this Code section and no petition is filed, as provided in subsection (c) of this Code section challenging the assessed costs;
(D) If the director makes an assessment of nonpayment penalties, computed as provided for in subsection (h) of this Code section, pursuant to subsection (d) of this Code section, and no petition is filed as provided in subsection (h) of this Code section challenging that assessment of nonpayment penalties; or
(E) If the director makes a final adjustment under subsection (g) of this Code section and issues an assessment therefor pursuant to subsection (d) of this Code section based upon that final adjustment and no petition is filed as provided for in subsection (g) of this Code section challenging such final adjustment assessment;
then, in any such case or cases, such assessment or assessments become final and no hearing or appeal may be taken.
(2) In all cases where a petition is filed, as provided in either paragraph (2) of subsection (b) of this Code section, challenging the notice or alleging exemption, or subsection (c) of this Code section, challenging the costs of contract, or subsection (e) of this Code section, challenging the adjustment, or subsection (g) of this Code section, challenging the final adjustment, or subsection (h) of this Code section, challenging the nonpayment penalties, hearing and review of the assessment, based upon such challenge, shall be provided in accordance with Code Section 12-9-15. The hearing officer's initial decision and order shall in all such cases be issued within 90 days after receipt of any petition.
(j) Any order, payments, sanctions, or other requirements under this Code section shall be in addition to any other permits, orders, payments, sanctions, or other requirements established under this article, and shall in no way affect any action for civil penalties pursuant to Code Section 12-9-23, or injunctive relief pursuant to Code Section 12-9-11. The noncompliance penalties provided for in this Code section are intended to be wholly cumulative with any and all remedies, procedures, or requirements of this article.
(k) In the case of any emission limitation or other requirement ordered, approved, adopted, or promulgated by the Board of Natural Resources, department, division, or director under this article after July 1, 1978, which is more stringent than the emission limitation or other requirement for the source in effect prior to such order, approval,

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adoption, or promulgation, if any, or where there was no emission limitation or other requirement approved, adopted, or promulgated before July 1, 1978, the date for imposition of the noncompliance penalty under this Code section shall be either July 1, 1979, or the date on which the source is required to be in full compliance with such emission limitation or other requirement, whichever is later, but in no event later than three years after the issuance, approval, or promulgation of such emission limitation or other requirement.
(1) All noncompliance penalties recovered by the director as provided in this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, the director may retain such penalties in an escrow account created for that purpose until a final determination and adjustment has been made under subsection (g) of this Code section with respect to a period of noncompliance by a particular source or facility; and provided, further, that any amounts assessed and collected for costs of contracts entered into by the director under subsection (c) of this Code section may be retained and used by the director to pay the costs of such contracts. After assessment
and collection of a final adjustment, the final remaining penalty amount and any accumulated interest thereon shall be paid to the state treasury. During the pendency of such escrow period, the director is authorized to invest such escrow amounts to earn
appropriate prevailing rates of interest in institutions in this state insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation.
12-9-23. (a) Any person violating any provision of this article or rules or regulations
hereunder or any permit condition or limitation established pursuant to this article, or failing or refusing to comply with any final order of the director issued as provided in
this article shall be liable for a civil penalty of not more than $25,000.00 per day. Each day during which the violation or failure continues shall be a separate violation.
(b) Whenever the director has reason to believe that any person has violated any provision of this article or any rules or regulations hereunder or any permit condition or has failed or refused to comply with any final order of the director, he may, upon
written request, cause a hearing to be conducted before a hearing officer appointed by
the Board of Natural Resources. Upon a finding that such person has violated any provisions of this article or any rule or regulation hereunder or any permit condition, or has failed or refused to comply with any final order of the director, the hearing officer shall
issue his initial decision imposing civil penalties as provided in subsection (a) of this Code section. Such hearing and any administrative or judicial review thereof shall be
conducted in accordance with Code Section 12-9-15. (c) In rendering a decision under subsection (b) of this Code section imposing civil
penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following:
(1) The amount of assessment necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying compliance;
(2) The character and degree of impact of the violation or failure on the natural resources of the state, especially any rare or unique natural phenomena;
(3) The conduct of the person incurring the civil penalty in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violation or failure;
(4) Any prior violations by such person, or failures by such person to comply with,
statutes, regulations, orders, or permits administered, adopted, or issued by the director;
(5) The economic and financial conditions of such person to the extent allowed in
Code Section 12-9-7;
(6) The character and degree of injury to, or interference with, public health, safety, or welfare which is caused or threatened to be caused by such violation or failure;
(7) 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. (d) All civil penalties recovered by the director as provided in this Code section shall
be paid into the state treasury to the credit of the general fund.

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12-9-24. Any person violating any of the provisions of this article shall be guilty of a misdemeanor.
ARTICLE 2
12-9-40. This article shall be known and may be cited as the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act.'
12-9-41. With respect to the ambient air quality in this state, the General Assembly finds that:
(1) Some counties of the state have ambient air levels of ozone or carbon monoxide in excess of the National Ambient Air Quality Standards (NAAQS) for such pollutants specified by the United States Environmental Protection Agency (USEPA) pursuant to the federal Clean Air Act (42 U. S. C. Section 1857, et seq., as amended, and 42 U. S. C. Section 7401, et seq., as amended); and that the USEPA has determined that under certain conditions, such excess levels in such counties are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties;
(2) In order to comply with federal health related air standards in counties where the USEPA has determined that excess levels of ozone or carbon monoxide or both are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles, it is necessary to monitor and limit emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties;
(3) The USEPA has the duty, by law, to designate those areas of the state violating the NAAQS and has and will, from time to time, as facts dictate, designate those counties or areas of the state violating the NAAQS for ozone and carbon monoxide, and the USEPA has the duty, by law, to establish criteria to determine whether the excess levels of ozone or carbon monoxide or both are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles in such counties;
(4) With respect to such designations, when counties or areas are designated to have ambient air levels of pollutants in excess of the NAAQS and according to the criteria established by the USEPA the excess levels of pollution are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles, the state is under a duty to provide a plan for reducing the ambient air levels of pollutants found to be in excess of the NAAQS if the state is to maintain its authority to permit new or expanded industry in such county or area; and
(5) Failure of the state to provide a legally enforceable mechanism pursuant to state law for reducing such pollutants in such counties or areas to levels within the NAAQS will result in such a mechanism subsequently being devised by USEPA and enforced in such areas pursuant to federal law and could result in a significant loss of federal funds for sewage treatment plants, transportation projects, and air quality improvement funds; further, new or expanded industry which would contribute to the ambient air level of such pollutants would be subject to significant new emission control requirements to offset increased emissions. 12-9-42. It is declared to be the public policy of the State of Georgia as expressed in this article to preserve, protect, and improve air quality in those counties or areas of the state where the ambient air levels of ozone or carbon monoxide or both are in excess of the NAAQS, as designated by the USEPA and such levels, according to the criteria established by the USEPA, are directly related to the emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties or areas of the state; and to that end to provide a legally enforceable mechanism for the attainment and maintenance of the NAAQS of such pollutants in such counties or areas of the state by requiring that emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties or areas of the state; shall be subject to inspection of exhaust emissions, evaporative emissions, inspection and maintenance of emission control equipment, and inspection

THURSDAY, FEBRUARY 20, 1992

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and maintenance of on-board diagnostics to ensure compliance with such emission standards.
12-9-43. As used in this article, the term: (1) 'Board' means the Board of Natural Resources.
(2) 'Certificate of authorization' means a certificate issued by the Department of Natural Resources to each establishment or location designated as an official emission inspection station.
(3) 'Certificate of emission inspection' means an official certificate that exhaust emissions, evaporative emissions, emission control equipment, and on-board diagnostic equipment have been inspected and approved in accordance with this article and the rules and regulations promulgated pursuant to this article. Such certificates will be furnished to official emission inspection stations by the department to be completed and issued by such stations to the owner or operator of a responsible motor vehicle upon inspection and approval certifying that such responsible motor vehicle has been inspected and complies with the inspection and maintenance required by this article.
(4) 'Commissioner' means the commissioner of natural resources. (5) 'Department' means the Department of Natural Resources. (6) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (7) 'Emission inspection station' means a motor vehicle dealership, garage, service station, or other establishment designated or operated by the department and which has been issued by the director a certificate of authorization as an emission inspection
station authorized to carry out the emission inspections required by this article. (8) 'Emission inspection sticker' means a sticker issued in conjunction with a cer-
tificate of emission inspection to be displayed on the responsible motor vehicle.
(9) 'Exhaust emission' means: (A) The act of releasing hydrocarbons, nitrogen oxides, or carbon monoxide into
the atmosphere by means of a motor vehicle exhaust system; or
(B) The material so passed into the atmosphere. (10) 'Evaporative emission' means:
(A) The act of releasing hydrocarbons into the atmosphere by means of evapora-
tion from a motor vehicle; or (B) The material so passed into the atmosphere.
(11) 'Federal Clean Air Act' means 42 U.S.C. Section 1857, et seq., as amended, and
42 U.S.C. Section 7401, et seq., as amended. (12) 'Highway' means any road or way publicly maintained and open for use by the
public for vehicular traffic. (13) 'Hydrocarbons' means any compound containing carbon and hydrogen. (14) 'Inspection term' means the period of time a certificate of emission inspection
shall be considered valid. The specific period of an inspection term shall be established by the rules and regulations promulgated pursuant to this article; provided, however, an inspection term shall be no less than 12 months nor more than 24
months. (15) 'Mechanic inspector' means a person approved and issued a license by the
department to perform the emission inspections required by this article. (16) 'Model year' means the manufacturer's annual production period, as deter-
mined by the director, provided that, if the manufacturer has no annual production
period, the term 'model year' shall mean the calendar year. The model year shall be determined by the vehicle identification number appearing on the vehicle.
(17) 'Motor vehicle' means any contrivance propelled by power other than muscular
power, used for transportation of persons or property on highways, and not operated
exclusively upon tracks. (18) 'National Ambient Air Quality Standard' or 'NAAQS' means those allowable
ambient air concentrations for pollutants, including ozone and carbon monoxide, spec-
ified by the USEPA pursuant to 42 U.S.C. Section 1857, et seq., as amended, and 42
U.S.C. Section 7401, et seq., as amended. (19) 'Nitrogen oxides' means any of the various compounds which contain only
nitrogen and oxygen.

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(20) 'Nonattainment area' means a geographic area designated by the USEPA in the Code of Federal Regulations as an area which has not attained or maintained the NAAQS for ozone or carbon monoxide or both in accordance with the federal Clean Air Act, as amended.
(21) 'Owner' means the registered owner or the individual presenting the responsible motor vehicle for the emission inspection required under this article.
(22) 'Person' means any natural person or individual, corporation, partnership, association, state or federal government, political subdivision, agency, or instrumentality of the state or federal government or any other entity.
(23) 'Responsible motor vehicle' means any motor vehicle propelled by gasoline combustion power, except motorcycles and motor driven cycles, designed for carrying ten passengers or less and used for the transportation of persons and any motor vehicle propelled by gasoline combustion power designed, used, or maintained primarily for the transportation of property which has a gross vehicle weight rating of less than 8,500 pounds, excluding any motor vehicle exempted from this article by the rules and regulations promulgated pursuant to this article; provided, however, that no such exemption shall be granted to a motor vehicle unless such exemption is in accordance with the federal Clean Air Act, as amended.
(24) 'USEPA' means the United States Environmental Protection Agency. 12-9-44. This part shall operate uniformly throughout the state. The provisions and requirements of this article shall apply in each county or any portion of a county which has been designated by the USEPA in the Code of Federal Regulations as a county or area included within a nonattainment area and which the board designates, through regulation, as a county or area where the excess levels of ozone or carbon monoxide or both are directly related to emissions of hydrocarbons, nitrogen oxides, or carbon monoxide from responsible motor vehicles registered in such county or area. This article shall continue to apply in each such county or portion of a county so designated until the USEPA removes such county or area from the Code of Federal Regulations as a nonattainment area. 12-9-45. (a) In each county to which this article applies, there is required a valid certificate of emission inspection issued by an emission inspection station certified under this article for each responsible motor vehicle registered pursuant to or subject to the requirements of Chapter 2 of Title 40 in such county. A valid certificate of emission inspection is also required for each responsible motor vehicle owned by any federal agency, state agency, municipality, or other political subdivision registered pursuant to Code Section 40-2-34 or 40-2-35, whichever is applicable, and assigned for use to any federal agency, state agency, municipality, or other political subdivision located in such county.
(b) A certificate of emission inspection shall be valid for one inspection term. The owner of each responsible motor vehicle subject to subsection (a) of this Code section is required to obtain a new certificate of emission inspection on or before the date the current certificate of emission inspection expires.
(c) Such certificate of emission inspection must certify that:
(1) An inspection of exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide and evaporative emissions of hydrocarbons, as required by Code Section 12-9-48 has been performed;
(2) The responsible motor vehicle complies, as required by Code Section 12-9-48, with applicable emission standards or emission limitations for hydrocarbons, nitrogen oxides, and carbon monoxide specified for such vehicle by the board pursuant to Code Section 12-9-46;
(3) An inspection, as required by Code Section 12-9-48, of emission control equipment which was required to be installed on such motor vehicle when new by the federal Clean Air Act and is required to be inspected by the board in the regulations promulgated pursuant to this article has been performed and that such equipment is present and has been maintained as required by Code Section 12-9-48; and
(4) An inspection, as required by Code Section 12-9-48, of on-board diagnostic equipment which was required to be installed on such motor vehicle when new by the

THURSDAY, FEBRUARY 20, 1992

1319

federal Clean Air Act and is required to be inspected by the board in the regulations promulgated pursuant to this article has been performed and that such equipment is present and has been maintained, as required by Code Section 12-9-48. (d) In any county or area not designated by the USEPA as a nonattainment area as of November 1, 1990, which is subsequently designated by the board as a nonattainment area subject to this article, the department shall have 12 months from the date such designation occurs to establish a program for emission inspection of responsible motor vehicles in such county or area; provided, however, that for purposes of this article, the earliest date such county or area shall be considered as having been designated as a nonattainment area shall be July 1, 1992. Notwithstanding the provisions of subsection (a) of this Code section, in such counties or areas a certificate of emission inspection shall not be required during this initial 12 month period. Following such initial 12 month period, owners of responsible motor vehicles in such counties or areas shall be allowed no more than 12 months to obtain a valid certificate of emission inspection. All
responsible motor vehicles in such counties or areas shall be required to have a valid certificate of emission inspection not later than 24 months after such counties or areas
have been designated as a nonattainment area. (e) In each county or area subject to this article on July 1, 1992, owners of responsi-
ble motor vehicles shall obtain a valid certificate of emission inspection issued pursuant
to this article not later than June 30, 1993. (f) The requirements of paragraphs (1) through (4) of subsection (c) of this Code sec-
tion shall remain in effect in each county or area only during such time as such county or any part of the county continues to be designated by the USEPA pursuant to the
federal Clean Air Act as a nonattainment area. (g) Notwithstanding the other provisions of this Code section, the requirements of
this article shall not apply to vehicles registered as specified in subsection (a) of this
Code section where the owner of such vehicle certifies, under oath and subject to the monetary penalty provided in Code Section 16-10-71 upon conviction for false swearing
therein, that: (1) Such vehicle is so registered by a Georgia resident on active duty in the armed
services of the United States then residing outside the State of Georgia; (2) At the time the provisions of this article are being or are sought to be enforced
with respect to such vehicle, the owner's domicile or, if such vehicle is primarily used
in connection with some established business enterprise, such established business enterprise is not located in any county wherein any responsible motor vehicle is sub-
ject to the requirements of this article; or (3) Such vehicle is or will be, during the inspection term for which the provisions
of this article are being or are sought to be enforced with respect to such motor vehicle, permanently assigned or let for use to a person not domiciled or an established
business enterprise not located in any county wherein any responsible motor vehicle
is subject to the requirements of this article. The director shall provide the forms for any such certification.
12-9-46. (a) The board shall have the following powers and duties under this article:
(1) To adopt criteria to establish whether emissions of hydrocarbons, nitrogen
oxides, and carbon monoxide from responsible motor vehicles in each county or area within a nonattainment area are directly related to excess levels of ozone or carbon
monoxide or both in such county or area; provided, however, that such criteria shall in no event be more stringent than the criteria established by the USEPA pursuant
to the federal Clean Air Act; (2) To designate each county or area within a nonattainment area which meets the
criteria established pursuant to paragraph (1) of this subsection; (3) To prescribe by rule or regulation emission standards or emission limitations
limiting the amounts of allowable exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide and evaporative emissions of hydrocarbons from responsible
motor vehicles as defined in this article. Such standards may specify the amount of allowable emissions by part per million, percentage of total volume or weight of emissions, or such other method as the board selects. In no event shall the emission limita-
tions be stricter than those required by the USEPA pursuant to the federal Clean Air

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Act, as amended, for the particular vehicle to which such limitations apply. Such emission limitations and emission standards may distinguish between model years, engine types and sizes, trucks and passenger vehicles, or weights of vehicles and may be applicable to groups of vehicles classed according to any such distinctions. Such emission limitations shall be technically feasible. The board may provide by rule or regulation for the method of application of such standards to vehicles with engines of a model year different from the vehicle model year;
(4) To prescribe by rule or regulation equipment standards, requirements, or specifications for any inspection equipment used to test, measure, inspect for, or determine compliance by a responsible motor vehicle or any responsible motor vehicle equipment with the standards, limitations, or other requirements established by or under the authority of this article;
(5) To prescribe by rule or regulation standards and qualifications for mechanic inspectors licensed to operate inspection equipment to inspect responsible motor vehicles or responsible motor vehicle equipment for compliance with standards, limita-
tions, or other requirements established by or pursuant to this article; (6) To prescribe by rule or regulation operating techniques, specifications, proce-
dures, requirements for records maintenance, criteria, and other requirements applicable to emission inspection stations authorized to inspect responsible motor vehicles or responsible motor vehicle equipment for compliance with the standards, limitations, or
other requirements established by or pursuant to this article; (7) To prescribe by rule or regulation requirements for record keeping and report-
ing, including, but not limited to, monitoring, surveys, inventories, inspections,
reinspections, the results thereof, certification and licensing of mechanic inspectors, certification of emission inspection stations, and certificates of emission inspection
issued; (8) To prescribe by rule or regulation for the exemption of certain motor vehicles
or model years from the requirements of this article; provided, however, that no
exemption shall be granted to a motor vehicle unless such exemption is in accordance with the federal Clean Air Act, as amended;
(9) To prescribe by rule or regulation a fee to be charged by emission inspection stations for the performance of emission inspections; provided, however, that such fee
shall be no less than $10.00 and no more than $25.00 per inspection and shall be based on the cost of performing such inspection in an adequate and proper manner
including, without limitation, the cost of equipment, testing, labor, training, record keeping, reporting, and other overhead expenses;
(10) To prescribe by rule or regulation for an inspection term for required emission inspections of responsible motor vehicles. Such term shall either be annual or biennial
as required to meet minimum requirements of the federal Clean Air Act and regulations of the USEPA promulgated pursuant to such act;
(11) To prescribe by rule or regulation an administrative fee to be remitted to the department by each emission inspection station to cover the cost of required and ade-
quate oversight to confirm that inspections are being done in a proper and adequate manner; provided, however, that 25<t of each such administrative fee shall be remitted
to the county in which such emission inspection station is located; and (12) To advise, consult, cooperate, and contract with other state agencies including,
but not limited to, the Department of Public Safety, any political subdivision of the state, any designated organizations of elected officials within the state, or any other
person as necessary to implement and adequately enforce and ensure compliance with any requirement created, provided, prescribed, or established by the board pursuant to this article,
(b) With respect to the powers vested in the board pursuant to this Code section, the board may designate the commissioner or the director as its agent in exercising the
powers so vested. 12-9-47. (a) The board shall have and may exercise the following powers and duties
under this article:
(1) To prescribe by rule or regulation standards, requirements, or procedures to ensure the uniform operation of official emission inspection stations in a sufficient

THURSDAY, FEBRUARY 20, 1992

1321

number, at such locations, and in a manner satisfactory to the board and in conformance with all standards, requirements, and specifications prescribed for such inspection stations, procedures, personnel, and equipment by the board pursuant to this article;
(2) To prescribe by rule or regulation procedures for licensing mechanic inspectors under this article;
(3) To prescribe by rule or regulation procedures for certification of authorized emission inspection stations which shall be certified by the department to inspect responsible motor vehicle emissions, responsible motor vehicle emission control equipment, and on-board diagnostic equipment for compliance with the requirements of this article;
(4) To prescribe by rule or regulation forms, applications, certificates, licenses, or other documentation which may be required by the department to administer and implement this article;
(5) To prescribe by rule or regulation procedures, standards, and methods for inspecting emission inspection stations or other establishments to enforce and ensure compliance with the requirements of this article; and
(6) To prescribe by rule or regulation procedures or methods of scheduling responsible motor vehicles for emission inspection during any inspection term. (b) With respect to the powers vested in the board pursuant to subsection (a) of this Code section, the board may designate personnel of the department as the board's agents in exercising the powers so vested. 12-9-48. (a) Each responsible motor vehicle subject to any requirement under Code Section 12-9-45 must receive a certificate of emission inspection once during any inspection term from an emission inspection station holding a valid certificate of authorization from the department. A certificate of emission inspection shall be issued for such a responsible motor vehicle if, upon inspection by a licensed mechanic inspector, the mechanic inspector determines, consistent with the terms of Code Section 12-9-45, with respect to such responsible motor vehicle:
(1) That any emission control equipment required on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected by the regulations of the board promulgated pursuant to this article has been inspected and the mechanic inspector has determined that such equipment has not been rendered unserviceable by removal, alteration, lack of maintenance, or other interference with its operation unless such equipment was replaced with equivalent equipment which has been certified by the USEPA;
(2) That an inspection and testing of the exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from such responsible motor vehicle has been performed;
(3) That an inspection and testing of evaporative emissions of hydrocarbons from such responsible motor vehicle has been performed;
(4) That the exhaust emissions and evaporative emissions from the responsible motor vehicle do not exceed any applicable emission standard or emission limitation for allowable emissions of hydrocarbon, nitrogen oxides, or carbon monoxide prescribed by the board pursuant to this article; and
(5) That any on-board diagnostic equipment required on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected pursuant to the regulations promulgated by the board has been inspected and the mechanic inspector has determined that such equipment has not been rendered unserviceable by removal, alteration, lack of maintenance, or other interference with its operation.
(b) Compliance with any applicable emission standards, emission limitations, standards for emission control equipment, or standards for on-board diagnostic equipment shall be determined by mechanic inspectors meeting qualifications; using methods, techniques, and equipment; under conditions; and following inspection procedures prescribed by the board pursuant to this article.
(c) If the inspection discloses any violation of any applicable emission standard, emission limitation, standard of emission control equipment, or standard for on-board

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diagnostic equipment, then the owner shall be notified, in writing, of the air pollutant which exceeds the allowable emissions and the degree of excess or the specific emission control equipment or on-board diagnostic equipment which is in violation of the standard.
(d) The owner shall have necessary maintenance and repairs performed on any responsible motor vehicle violating any applicable emission standard, emission limitation, standard for emission control equipment, or standard for on-board diagnostic equipment and return the responsible motor vehicle for reinspection at an emission inspection station within 30 days of the initial inspection. Such reinspection shall be at no charge to the owner. If, upon reinspection, such motor vehicle fails to meet the requirements of subsection (a) of this Code section, no certificate of emission inspection shall be issued unless the owner proves, by means of repair facility receipts or other written documents, that:
(1) He has replaced any emission control equipment, exhaust system equipment, or on-board diagnostic equipment or part thereof which has been removed, physically damaged, or otherwise rendered inoperable;
(2) He has spent at least $450.00 in the repair and maintenance of the responsible motor vehicle exhaust and evaporative, as applicable, emission control systems, on-board diagnostic equipment, or related equipment not covered by warranty since the initial inspection in the current inspection term; provided, however, that the $450.00 repair waiver authorized in this paragraph shall be increased annually by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this paragraph, the Consumer Price Index is the average of the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor, as of the close of the 12 month period ending the last day of August of each calendar year, and the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for 1989 shall be used; and
(3) Such repairs and maintenance have produced a decrease in exhaust and evaporative emissions, as applicable, since the initial inspection. (e) The board shall require each responsible motor vehicle to display an emission inspection sticker issued in conjunction with a certificate of emission inspection on the motor vehicle once it has been approved as meeting the requirements of this article. Such emission inspection sticker shall bear the date the vehicle was inspected, the number or other identification of the inspecting station, the signature of the mechanic inspector performing the inspection, and such other information as shall be required by the director. The mechanic inspector shall remove from the vehicle being inspected any old emission inspection sticker when a new emission inspection sticker is issued.
(f) All certificates of emission inspection shall be issued for the inspection term.
(g) A new responsible motor vehicle otherwise required under Code Section 12-9-45 to have an inspection or certificate of inspection shall not be required to have either that inspection or certificate at the time of the initial retail sale or delivery of that vehicle, but the required emission inspection and certificate of inspection shall be obtained prior to the time the initial owner first transfers such vehicle or within 12 months following the date of the initial sale of the vehicle when new, whichever occurs first.
(h) The board may establish methods by which the owner of a responsible motor vehicle who has lost the certificate of emission inspection required in any inspection term may have a duplicate certificate of emission inspection issued. These methods may include, but are not limited to, the following:
(1) Any approved emission inspection station may issue said duplicate certification of emission inspection upon the owner's demonstrating to the mechanic inspector that the responsible motor vehicle has a current and valid inspection sticker affixed to its window;
(2) The director shall issue said duplicate certification of emission inspection upon the owner's demonstrating to the director that said vehicle had been inspected previously and had obtained a current and valid inspection sticker; or

THURSDAY, FEBRUARY 20, 1992

1323

(3) In the event a windshield bearing a valid emission inspection sticker is replaced, a new emission inspection sticker may be issued for such vehicle within 30 days after the replacement of the windshield without the necessity of reinspection if the owner of the vehicle executes an affidavit in a form furnished by the director stating that the windshield of his vehicle has been replaced and giving such other information as the director may require and pays to the inspection station a fee of $1.00. The vehicle may be operated on the highways without an emission inspection sticker for 30 days after the replacement of the windshield if proof of the date of such replacement is carried in the vehicle. In all cases, the new emission inspection sticker or duplicate certificate of emission inspection shall be valid only for the remainder of the period for which the replaced emission inspection sticker or certificate of emission inspection was to be valid. 12-9-49. (a) Any garage or other establishment which desires to conduct emission inspections shall submit to the director an application for a certificate of authorization under this article. Applications shall be made upon a form designated by the director
and shall contain such information as may be required by the director. (b) A certificate of authorization and certificate of emission inspection shall be
issued only after the director has made a determination that the applicant's proposed
inspection station will be properly equipped, has the necessary licensed mechanic inspectors to conduct inspections, and meets all other requirements of this article.
(c) The board by regulation may limit the number, location, and types of authorized
inspection stations certified to operate in any nonattainment area, county, or any portion of a county or area when the board determines that such limits are necessary for the effective implementation of this article; or when the board determines that such lim-
its are required to ensure compliance with the requirements of the federal Clean Air Act. Such limits may include, but are not limited to, allowing the operation of the necessary
inspection stations through the department or contracting with one or more persons to provide the necessary inspection stations to ensure implementation of this article in any
nonattainment area, county, or any portion of a county or area. (d) The director, prior to issuing a certificate of authorization, shall require proof
that the applicant has filed a bond in a form and amount satisfactory to the director
to ensure compensation for any damage to a vehicle during an inspection or adjustment
caused by negligence of the applicant or its agent. (e) With respect to any certificate of authorization issued to any emission inspection
station licensed, authorized, or certified by the department to inspect responsible motor vehicle emissions, responsible motor vehicle emission control equipment, and on-board
diagnostic equipment for compliance with the requirements of this article, the following shall apply:
(1) The director shall ensure the operation of such official emission inspection sta-
tions of a number, at locations, and in a condition satisfactory to the director and in conformance with all standards, requirements, and specifications prescribed for such inspection stations, procedures, personnel, and equipment by the board pursuant to
this article; and each official emission inspection station shall keep a record of inspections, reinspections, the results thereof, and certificates of inspection issued in a man-
ner designated by the department and in conformance with any requirements for such records and reports prescribed by the board. All records required in this article to be
maintained by an official emission inspection station shall be available for inspection at all reasonable times;
(2) Any official emission inspection station licensed, permitted, or established
under this Code section shall be required to perform inspections on responsible motor vehicles in conformity with regulations or requirements established, prescribed, or
promulgated by the board pursuant to this article. Such requirements shall ensure that uniform equipment is utilized and that emission inspections produce consistent
results throughout affected areas of the state; (3) A fee as provided in paragraphs (9) and (10) of subsection (a) of Code Section
12-9-46 shall be charged by each emission inspection station for performance of the emission inspection and inspection of emission control devices and on-board diagnostic
equipment on responsible motor vehicles;

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(4) The director shall supervise and cause inspections to be made of the emission inspection stations, licensed, authorized, or certified pursuant to this article and shall ensure compliance with all applicable requirements of, under, or pursuant to this article relating to such inspections, inspection stations, and inspection personnel;
(5) No certificate of authorization for an emission inspection station shall be assigned or transferred or used in any location other than the one designated on such certificate; and
(6) Every certificate of authorization for an emission inspection station and mechanic inspector license shall be posted in a conspicuous place in the station. 12-9-50. Any duly appointed agent of the director may enter private or public property at reasonable times and upon presentation of the agent's credentials to inspect, monitor, or investigate the operation of any emission inspection station or any establishment suspected of holding itself out as being an emission inspection station to determine whether such emission inspection station or establishment is in compliance with the requirements of this article. 12-9-51. (a) Beginning July 1, 1992, it shall be unlawful for any county to and no county shall register any responsible motor vehicle subject to any requirement under Code Section 12-9-45 pursuant to or subject to the requirements of Chapter 2 of Title 40 unless the owner provides a valid certificate of emission inspection issued pursuant to Code Section 12-9-48 indicating that such responsible motor vehicle satisfied all applicable requirements of Code Section 12-9-45 and Code Section 12-9-48. In applying for a motor vehicle registration for a responsible motor vehicle subject to any requirement under Code Section 12-9-45, the application shall be accompanied by a certificate of emission inspection issued pursuant to Code Section 12-9-48. Any county which registers any responsible motor vehicle without proof of a certificate of emission inspection shall be in violation of this article. (b) It shall be unlawful to and no person shall operate a responsible motor vehicle subject to any requirement under Code Section 12-9-45 on the roadways of this state without a valid registration issued in compliance with this article. Any person who operates a responsible motor vehicle subject to any requirement under Code Section 12-9-45 on the roadways of this state without a valid registration issued in compliance with this article shall be considered to be operating an unregistered motor vehicle. (c) Each county issuing a responsible motor vehicle a registration upon proof of a valid certificate of emission inspection shall mark such certificate of emission inspection in a manner sufficient to identify that such certificate has been presented as proof of compliance with this article for a responsible motor vehicle. No county shall issue a registration to a responsible motor vehicle if:
(1) The inspection term is 12 months and the certificate of emission inspection presented as proof of compliance with this article has been previously marked; or
(2) The inspection term is longer than 12 months and the certificate of emission inspection presented as proof of compliance with this article has been previously marked twice.
12-9-52. The director may amend, modify, revoke, or suspend any certificate of authorization issued to an emission inspection station or any license issued to a mechanic inspector for cause, including but not limited to:
(1) Violating the provisions of this article concerning the inspection of any responsible motor vehicle;
(2) A determination by the board that the number, location, or type of certified inspection stations or licensed mechanic inspectors needs to be limited to ensure effective implementation of this article or to comply with the requirements of the federal Clean Air Act, as amended; or
(3) Receipt of a request for an amendment, modification, suspension, or revocation by the emission inspection station or mechanic inspector.
12-9-53. (a) Any person who is aggrieved or adversely affected by an order or action of the board or the director made or taken pursuant to this article shall have a right to a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant to this article.

THURSDAY, FEBRUARY 20, 1992

1325

(b) Persons are aggrieved or adversely affected where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the board or the director pursuant to this article.
12-9-54. No person shall sell any motor vehicle which is intended for highway use if such vehicle is at the time of the sale a responsible motor vehicle required to have a certificate of emission inspection under Code Section 12-9-45, unless there appears on such vehicle an unexpired valid certificate of emission inspection issued pursuant to this article. Any person violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for a first offense, $500.00 for a second offense, and $1,000.00 for each subsequent offense. If, as a result of the sale of a responsible motor vehicle subject to any requirement under Code Section 12-9-45, such motor vehicle would not, if immediately registered by the purchaser as provided by law, be registered in a county in which the requirements of Code Section 12-9-45 are applicable, this Code section shall not apply.
12-9-55. (a) (1) No person shall in any manner represent any place or establishment as an official emission inspection station unless such station has been issued a valid certificate of authorization by the department.
(2) No person shall issue a certificate of emission inspection for any responsible motor vehicle unless such person holds a valid certificate of authorization issued pursuant to this article and such vehicle has been inspected and approved by a licensed mechanic inspector as required by this article. (b) (1) No person shall make, issue, or knowingly use any imitation or counterfeit of an official certificate of emission inspection.
(2) No person shall possess, display, or cause or permit to be displayed upon any vehicle any emission inspection sticker knowing the same to be counterfeit or issued for another vehicle or issued without the required inspection and approval.
(3) No person shall use for the purpose of proof under subsection (d) of Code Section 12-9-48 any receipt or document purporting to show cost of repair or maintenance or replacement of equipment unless such receipt or document accurately represents costs actually incurred by such person with respect to the responsible motor vehicle for which the certificate of emissions is sought.
(c) It shall be unlawful for any person to operate or permit to be operated on any highway of this state a responsible motor vehicle registered in any county subject to this article pursuant to or subject to the requirements of Chapter 2 of Title 40, which is at the time of operation required to have a certificate of emission inspection under Code Section 12-9-45, without a valid emission inspection sticker being displayed on such vehicle. For purposes of this subsection, each day of operation or permission is a separate offense.
(d) It shall be unlawful to register, or cause to be registered, a responsible motor vehicle in any county other than the county wherein such vehicle is required to be registered by Chapter 2 of Title 40 for the purpose of avoiding any requirement of this article. Each day of continued unlawful registration shall be a separate offense.
(e) With respect to any responsible motor vehicle subject to any requirement under this article, it shall be unlawful for the purpose of avoiding any requirement of this article to render unserviceable by removal, alteration, lack of maintenance, or other interference with its operation any emission control equipment or on-board diagnostic equipment required on such responsible motor vehicle when such vehicle was new by the federal Clean Air Act and required by the regulations of the board promulgated pursuant to this article to be inspected and maintained. Each day of such unserviceability shall be a separate offense.
(f) Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $1,000.00.
(g) If it is determined that any county has registered for responsible motor vehicles without receiving proof from the owners that the responsible motor vehicles satisfy all applicable requirements of Code Section 12-9-45 and Code Section 12-9-48, the director

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shall notify the commissioner of transportation that such an unlawful act has occurred. Upon such notification, the State Transportation Board may at its discretion withhold Department of Transportation funding assistance from any such county.
12-9-56. When duly promulgated and adopted, all rules and regulations issued pursuant to this article by the board shall have the force of law.
12-9-57. This article, the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act' shall remain of force and effect only so long as the federal Clean Air Act (42 U.S.C. 1857, et seq., as amended and 42 U.S.C Section 7401, et seq., as amended) shall require that the State of Georgia maintain and enforce the inspection plan and program provided for in this article in order to reduce the ambient air levels of ozone or carbon monoxide which exceed the levels specified by the National Ambient Air Quality Standards for such pollutants specified by the United States Environmental Protection Agency pursuant to said act. Upon the effective date of an amendment to the federal Clean Air Act which shall allow the State of Georgia to discontinue the maintenance and enforcement of the inspection program provided for in this article without the imposition of sanctions against the State of Georgia such as the loss of federal funds for sewage treatment plants, transportation projects, air quality improvement projects, a moratorium on development within any area of the state, or other substantial penalty, this article shall be repealed."
Section 3. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking in its entirety subsection (b) of Code Section 36-1-16, relating to transporting certain materials across state or county boundaries for dumping, and inserting in lieu thereof the following:
"(b) Subsection (a) of this Code section shall not apply to the transportation of any material which is regulated pursuant to Article 2 of Chapter 5 of Title 12, the 'Georgia Water Quality Control Act,' or Article 1 of Chapter 9 of Title 12, 'The Georgia Air Quality Act of 1978.'"
Section 4. Said title is further amended by striking in its entirety Code Section 36-32-8, relating to jurisdiction in cases of operating a motor vehicle without a certificate of emission, and inserting in lieu thereof the following:
"36-32-8. (a) The municipal court of each municipality of each county required to comply with Article 2 of Chapter 8 <rf T-rtte 46 Chapter 9 of Title 12, known as the 'Georgia Motor Vehicle Emissions Emission Inspection and Maintenance Act,' is granted jurisdiction to try and dispose of such cases in which a person is charged with a misdemeanor under Code Section 40-8-161 12-9-55 of operating a responsible motor vehicle without a certificate of emission inspection, if the offense occurred within the corporate limits of such municipality. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality.
(c) Any defendant charged with a misdemeanor under Code Section 40-8 161 12-9-55 in a municipal court shall be entitled upon request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d) Nothing in this Code section shall be construed to give any municipality the right to impose a fine in excess of the limits set forth in Code Section 40-8-161 12-9-55."
Section 5. This Act is intended to recodify and amend the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," and no rights or responsibilities existing pursuant to Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated on June 30, 1992, shall be affected except as specifically provided for in this Act.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

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Representatives Breedlove of the 60th and Barnett of the 10th move to amend the Committee substitute to HB 1440 by striking on line 15 of page 67 the words "by regulation may" and inserting in lieu thereof the words "shall not in any manner".
By striking on line 18 through line 29 of page 67 the following:
"when the board determines that such limits are necessary for the effective implementation of this article; or when the board determines that such limits are required to ensure compliance with the requirements of the federal Clean Air Act. Such limits may include, but are not limited to, allowing the operation of the necessary inspection stations through the department or contracting with one or more persons to provide the necessary inspection stations to ensure implementation of this article in any nonattainment area, county, or any portion of a county or area".

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

Y Abernathy Y Adams
Aiken N Alford Y Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron Y Barnett.B
Barnett.M N Bates Y Beatty Y Benefield N Birdsong Y Blitch
Bordeaux
N Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush NBuck Y Buckner NByrd Y Campbell Y Canty Y Carrell
N Carter Y Cauthorn Y Chafin
Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell N Culbreth
Cummings.B Cummings,M Y Davis.D
Davis.G Y Davis.M
N Dixon.H Dixon.S
Dobbs Y Dover Y Dunn
N Edwards Elliott
Felton Fennel Y Floyd.J.M Y Floyd.J.W N Flynt
N Godbee N Golden Y Goodwin E Green
Y Greene Y Griffin
Groover N Hamilton Y Hammond N Hanner N Harris.B N Harris,J

Y Heard N Henson N Herbert Y Holland
Holmes Y Howard Y Hudson
N Irwin Y Jackson Y Jamieson N Jenkins
Y Jones Y Kilgore
King Y Kingston Y Klein
YLadd Y Lane.D
N Lane.R Langford
Y Lawrence Y Lawson YLee YLong
Lord N Lucas Y Mann N Martin N McBee Y McCoy Y McKelvey
McKinney,B McKinney.C N Meadows N Merritt
Milam

Y Mills Y Mobley N Moody Y Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M NOrr
Orrock Padgett Y Parham N Parrish Patten N Pelote Y Perry Pettit Y Pinholster Pinkston
YPoag N Porter
N Poston Y Powell.A Y Powell.C Y Presley N Purcell
Randall
Ray N Reaves
Redding Y Ricketson N Royal
N Selman Y Sherrill N Simpson
Sinkfield

N Skipper Y Smith.L Y Smith,? N Smith.T
Smith.W
Smyre YSnow N Stancil.F Y Stancil.S N Stanley
Streat N Taylor N Teper N Thomas.C
Thomas.M Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Turnquest
N Twiggs
N Valenti Y Vaughan N Walker.J N Walker.L Y Wall
N Watson Y Watts
N White Y Wilder
Y Williams.B Williams,J
Y Williams.R Y Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 82, nays 59. 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:

1328

JOURNAL OF THE HOUSE,

Y Abernathy Y Adams
Aiken Y Alford Y Ashe N Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron N Barnett.B
Barnett.M N Bates Y Beatty N Benefield Y Birdsong N Blitch N Bordeaux Y Bostick Y Branch Y Breedlove N Brooks N Brown Y Brush YBuck N Buckner Y Byrd Y Campbell N Canty
Carrell Y Carter Y Cauthorn N Chafin
Chambless N Cheeks Y Childers

N Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth N Cummings,B
Cummings,M N Davis.D
Davis.G N Davis.M
Dixon.H N Dixon.S
Dobbs Y Dover N Dunn Y Edwards
Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin
Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes N Howard Y Hudson Y Irwin
Y Jackson N Jamieson Y Jenkins Y Jones N Kilgore
NKing N Kingston N Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson NLee
Long YLord Y Lucas NMann Y Martin Y McBee N McCoy Y McKelvey
McKinney.B McKinney.C N Meadows N Merritt Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock
Padgett N Parham Y Parrish
Patten N Pelote N Perry Y Pettit N Pinholster
Pinks ton NPoag Y Porter
Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman N Sherrill N Simpson Y Sinkfield

Y Skipper N Smith.L Y Smith.P Y Smith.T
Smith.W Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley Streat Y Taylor Y Teper Y Thomas.C Thomas,M Thomas.N Y Thurmond Y Titus N Tolbert Y Townsend Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L
N Wall Y Watson N Watts N White Y Wilder N Williams.B
Williams,J N Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 102, nays 47.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Resolution of the House was read:

HR 929. By Representative Murphy of the 18th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, February 21, 1992, and shall reconvene on Monday, February 24, 1992.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on February 24 may be as ordered by the Senate; and the hour for convening the House on February 24 may be as ordered by the House.

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

Y Abernathy Y Adams
Aiken Y Alford

Ashe Y Atkins Y Baker Y Balkcom

Y Barfoot Y Bargeron Y Barnett,B
Barnett.M

Y Bates Y Beatty Y Benefield Y Birdsong

Y Blitch Y Bordeaux Y Bostick Y Branch

THURSDAY, FEBRUARY 20, 1992

1329

Y Breedlove Y Brooks
Brown Y Brush
YBuck Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover

Y Dunn Y Edwards
Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones

Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R
Langford Y Lawrence Y Lawson YLee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M

YOrr Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell.A
Y Powell.C Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T

Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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 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 HB 1440.

Representative Walker of the 115th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

1330

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 21, 1992

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Charles Elder, Pastor, First Baptist Church, Sylvania, Georgia.
The members pledged allegiance to the flag.
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 1812. By Representatives Groover of the 99th, Kilgore of the 42nd, Walker of the 115th, Irwin of the 57th, Sinkfield of the 37th and others: 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 personnel of local school systems.
Referred to the Committee on Education.
HB 1814. By Representatives Stancil of the 8th, Bostick of the 138th, Oliver of the 53rd and Pinholster of the 8th: A bill to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children, so as to provide for notification upon certain changes of residence of a custodial or joint custodial parent; to provide for certain hearings with respect to visitation rights, custody, or child support.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 21, 1992

1331

HB 1815. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide that the district attorney shall represent the department in support cases; to provide that in URESA cases the district attorney shall represent the petitioner.
Referred to the Committee on Judiciary.

HB 1816. By Representatives Watson of the 114th and Walker of the 115th:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to change the provisions relating to utilization of the courthouse or courthouse annex in certain counties as a registrar's office or place of registration for the purpose of receiving absentee ballots; to change certain population brackets.
Referred to the Committee on Governmental Affairs.

HB 1817. By Representatives Redding of the 50th, Alford of the 57th, Teper of the 46th, Oliver of the 53rd and Thomas of the 55th:
A bill to amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to the powers of county boards of health, so as to authorize county boards of health in each county in this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census to develop and implement programs for the prevention of injuries and incorporate injury prevention measures in rules and regulations.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1818. By Representatives Watson of the 114th and Walker of the 115th:
A bill to amend an Act providing for a board of elections in counties having a population of not less than 60,000 and not more than 65,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1819. By Representatives Hammond of the 20th and Oliver of the 53rd:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate the solicitation of the elderly during certain hours.
Referred to the Committee on Human Relations & Aging.

HB 1820. By Representatives Selman of the 32nd and Lane of the 27th:
A bill to provide homestead exemption from all Fulton County School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district.
Referred to the Committee on State Planning & Community Affairs - Local.

1332

JOURNAL OF THE HOUSE,

HB 1821. By Representatives Pinkston of the 100th, Watts of the 41st, Groover of the 99th, Bostick of the 138th and Connell of the 87th:
A bill to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments of executors and trustees, and Code Section 53-12-232 of the Official Code of Georgia Annotated, relating to fiduciary powers which may be incorporated by reference, so as to authorize executors and trustees to invest in the securities of or other interests in certain investment companies or investment trust.
Referred to the Committee on Banks & Banking.

HB 1822. By Representative Coleman of the 118th:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to require the signature of two witnesses on marriage licenses.
Referred to the Committee on Special Judiciary.

HB 1823. By Representatives Coleman of the 118th, Buck of the 95th, Walker of the 115th, Jackson of the 9th and Lawson of the 9th:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions relating to tuition equalization grants at private colleges and universities, so as to change the definition of "full-time student".
Referred to the Committee on University System of Georgia.

HB 1824. By Representative Oliver of the 53rd:
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 income tax credits for physicians or nurse midwives who provide certain prenatal care.
Referred to the Committee on Ways & Means.

HB 1825. By Representative Alford of the 57th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing in general, so as to provide that a valid current certificate of registration shall be kept in the motor vehicle at all times during operation.
Referred to the Committee on Motor Vehicles.

HB 1826. By Representative Alford of the 57th:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to revise the procedures for returning motor vehicles.
Referred to the Committee on Ways & Means.

FRIDAY, FEBRUARY 21, 1992

1333

HB 1827. By Representatives Thomas of the 69th and Bordeaux of the 122nd:
A bill to amend Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure, so as to provide that for actions against certain codefendants residing in different counties a nonresident who is subject to jurisdiction of the court of this state shall be deemed to be a resident of any county in which venue would lie.
Referred to the Committee on Judiciary.

HB 1828. By Representative Parham of the 105th:
A bill to amend Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to the filing of petition with court for according of program of services to a mentally retarded person, so as to change the provisions relating to when the comprehensive evaluation team is required to file its report.
Referred to the Committee on Health & Ecology.

HB 1829. By Representatives Mobley of the 64th, Twiggs of the 4th, Streat of the 139th, Carrell of the 65th and Coleman of the 118th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," so as to provide for reimbursement by a new employer of a peace officer to a municipality or county or the state which initially paid for the peace officer's mandated or formalized training.
Referred to the Committee on Public Safety.

HB 1830. By Representatives Mobley of the 64th, Twiggs of the 4th, Streat of the 139th, Carrell of the 65th and Coleman of the 118th:
A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing attendance of witnesses and production and preservation of evidence, so as to mandate payment of witness fees in criminal and civil cases to certain law enforcement officers.
Referred to the Committee on Judiciary.

HB 1831. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1835. By Representative Orrock of the 30th:
A bill to amend an Act creating the City of Atlanta and Fulton County Recreation Authority, so as to redefine the term "project".
Referred to the Committee on State Planning & Community Affairs - Local.

1334

JOURNAL OF THE HOUSE,

HB 1836. By Representatives Presley of the 36th, Benefield of the 72nd, King of the 72nd, Chafin of the 72nd, Buckner of the 72nd and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide additional authorization with certain conditions for certain municipalities to levy such tax.
Referred to the Committee on Ways & Means.

HB 1837. By Representative Byrd of the 153rd:
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 under the "Quality Basic Education Act," so as to provide that certain courses shall contain and shall not contain certain information.
Referred to the Committee on Education.

HB 1838. By Representative Williams of the 90th:
A bill to be entitled an Act to amend an Act providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, so as to provide for a board of commissioners of 12 members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1839. By Representatives Jones of the 71st, Meadows of the 91st, Davis of the 77th and Flynt of the 75th:
A bill to amend an Act providing for the composition of the Board of Education of Coweta County, so as to reapportion the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1840. By Representatives Byrd of the 153rd, Coleman of the 118th, Buck of the 95th and Branch of the 137th:
A bill to amend Code Section 43-14-8 of the Official Code of Georgia Annotated, relating to licensing required for electrical, plumbing, or conditioned air-contracting, so as to grandfather in those individuals eligible in 1983 as long as license fees are paid.
Referred to the Committee on Industry.

HR 926. By Representative Parrish of the 109th:
A resolution paying tribute to Honorable Albert D. Clifton and designating the Albert D. Clifton Memorial Highway.
Referred to the Committee on Transportation.

HR 927. By Representative Dunn of the 73rd: A resolution creating the Joint Study Committee on Regional Hospitals.
Referred to the Committee on Rules.

FRIDAY, FEBRUARY 21, 1992

1335

HR 928. By Representative Herbert of the 76th:
A resolution creating the Study Commission on Postsecondary Technical and Adult Education Finance.
Referred to the Committee on Rules.

HR 930. By Representatives Lane of the lllth, Alford of the 57th, Yeargin of the 14th and K igston of the 125th:
A resolution urging the Congress of the United States and the federal Environmental Protection Agency to move carefully and slowly in adopting reasonable rules, regulations, and guidelines regarding motor vehicle emission inspection equipment and standards and to allow the use of the Bar 90 testing system.
Referred to the Committee on Motor Vehicles.

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

HB 1789 HB 1790 HB 1793 HB 1794 HB 1795 HB 1796
nr> Ji?/QyRo HHBB 11789090 HB HB 1802
HB 1803
HB 1804
HB 1805 HB 1806
HB 1807 HB 1808

HB 1809 HB 1810 HB 1811 HB 1813 HB 1832 HB 1833
uHpB 18Q3Q4,I
895 HR 896 H 912 HR 913 HR 914 SB 360 SB 527 SB 599 SB 605

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1579 Do Pass, by Substitute
Respectfully submitted, kl Holmes of the 28th
Chairman

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

Mr. Speaker:

1336

JOURNAL OF THE HOUSE,

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

HB 1696 Do Pass, as Amended HB 1730 Do Pass
HB 1764 Do Pass HB 1766 Do Pass
HB 1768 Do Pass

HB 1770 Do Pass HB 1771 Do Pass
HB 1773 Do Pass HB 1774 Do Pass

Respectfully submitted, kl 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 558 Do Pass
Respectfully submitted, kl Lane of the 27th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 21, 1992

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:

HB 666
HB 1202 HB 1219 HB 1545
HB 1570 HB 1594
HB 1612 HB 1666
HB 1718 HB 1767

Development authorities; number of directors
Accident and sickness ins; persons over 60; continuation rights Accountants; actions for damages; limitations Judicial sales; legal organs; amend provisions
Vehicles transporting cert agents; exempt from marking requirement Teachers Retirement System; reestablishment of service
Corporations; execution of documents; presumption of authority Life insurance claim; when filed; interest
Co/mun; business license issuance; require proof of state license Upper Savannah River Development Authority; amend provisions

HR 787 Wilcox County; grant easement HR 788 Glynn County; grant easement

SR 369 Cobb County; convey property

Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully Submitted,
kl Lee of the 72nd Chairman

FRIDAY, FEBRUARY 21, 1992

1337

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

HB 1696.

By Representative Murphy of the 18th:
A bill to amend an Act providing for the election of the members of the Board of Education of Haralson County, so as to provide for education districts.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1696 by striking from line 2 of page 3 the following:
"Tract: 9803."

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 1730. By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, so as to provide for commissioner districts and posts.

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

HB 1764.

By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for the position of deputy clerk; to provide for the position of county treasurer.

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

HB 1766.

By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th:
A bill to repeal an Act to amend an Act creating a Board of Commissioners of Coweta County.

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

1338

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 1768.

By Representatives Clark of the 20th, Vaughan of the 20th, Atkins of the 21st, Hammond of the 20th, Coker of the 21st and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth in Cobb County, so as to provide that the municipal court shall be authorized to create a probation office under the supervision of the chief judge of said court.

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

HB 1770.

By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the compensation of the personnel of said officer.

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

HB 1771.

By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the compensation of the personnel of said officer.

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

HB 1773.

By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the compensation of the personnel of the tax commissioner.

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

FRIDAY, FEBRUARY 21, 1992

1339

HB 1774. By Representatives Powell of the 13th and Clark of the 13th: A bill to provide a new charter for the City of Hartwell.

The report of the Committee, which was favorable to the passage of the Bill, was 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 Davis of the 45th stated that he wished to be recorded as voting "aye" on HB 1774.

Representative Barnett of the 10th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1440. By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th:
A bill to amend Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to the control of vehicle emissions, so as to broaden the application of certain requirements for emission inspection; to provide a short title.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken
N Alford N Ashe Y Atkins N Baker
Balkcom
N Barfoot Bargeron
Y Barnett.B Barnett.M
N Bates Y Beatty N Benefield Y Birdsong
Blitch N Bordeaux N Bostick N Branch Y Breedlove N Brooks N Brown
Brush Y Buck N Buckner
N Byrd N Campbell Y Canty N Carrell
N Carter Cauthorn
Y Chafin Chambless
N Cheeks N Childers

Y Clark.E N Clark.L Y Coker
Coleman N Colwell N Connell
N Culbreth Y Cummings,B
Cummings.M Davis.D Davis.G Davis,M Dixon.H Dixon.S Dobbs Y Dover N Dunn N Edwards N Elliott Felton Fennel N Floyd,J.M N Floyd.J.W N Flynt N Godbee N Golden
Y Goodwin E Green
Y Greene Y Griffin N Groover
N Hamilton N Hammond N Hanner Y Harris.B N Harris,J

Y Heard Henson
N Herbert Y Holland N Holmes N Howard
N Hudson N Irwin
Y Jackson N Jamieson N Jenkins N Jones Y Kilgore N King
Kingston Y Klein
Ladd N Lane.D N Lane.R
Langford N Lawrence Y Lawson
YLee N Long NLord
Lucas YMann
Martin
N McBee Y McCoy N McKelvey
McKinney.B McKinney.C Y Meadows N Merritt Milam

On the motion, the ayes were 45, nays 83. The motion was lost.

N Mills
N Mobley Moody
Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M NOrr
Orrock
N Padgett Y Parham N Parrish
Patten N Pelote Y Perry
Pettit Y Pinholster N Pinkston YPoag N Porter Y Poston
Powell.A N Powell.C
Y Presley N Purcell
Randall
Ray Reaves Redding
Y Ricketson N Royal
Selman
Y Sherrill Simpson Sinkfield

N Skipper Y Smith.L N Smith.P
Smith.T
Y Smith.W Smyre
N Snow N Stancil.F Y Stancil.S
Stanley Streat N Taylor N Teper
Thomas.C N Thomas.M N Thomas.N N Thurmond Y Titus N Tolbert
Townsend N Turnquest
Twiggs Valenti Y Vaughan N WalkerJ N Walker.L Y Wall N Watson N Watts White Y Wilder Williams.B Williams.J Williams.R
N Yeargin Murphy ,Spkr

1340

JOURNAL OF THE HOUSE,

Representative Ladd 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 "nay" thereon.

Representative Thomas of the 69th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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

HB 1053. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th:
A bill to create the Board of Elections and Registration of Rockdale County.

HB 1102. By Representative Lane of the 27th:
A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, Chapter 43 of Title 36 of the Official Code of Georgia Annotated, Chapter 44 of Title 36 of the Official Code of Georgia Annotated, and Chapter 61 of Title 36 of the Official Code of Georgia Annotated, so as to permit a downtown development authority to be designated as a redevelopment agency and as an urban redevelopment agency.

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

SB 517. By Senator Henson of the 55th:
A bill to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, so as to change the provisions relating to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date.

SB 546. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and others:
A bill to amend Code Section 47-10-40 of the Official Code of Georgia Annotated, relating to membership in the Trial Judges and Solicitors Retirement Fund, so as to provide that the governing authority of a county may supplement the benefit of a superior court judge who is receiving benefits under such fund.

SB 565. By Senator Albert of the 23rd:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide for declarations of paternity; to provide for procedures for declarations at the time of birth.

FRIDAY, FEBRUARY 21, 1992

1341

SB 699. By Senator Ramsey of the 54th:
A bill to amend Code Section 48-9-38 of the Official Code of Georgia Annotated, relating to the registration of motor carrier vehicles, so as to provide for the withholding of registration documents from those carriers who have outstanding tax, penalty, or fee obligations to the state.

SB 705. By Senators Garner of the 30th, Dean of the 31st and 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 relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date.

HB 37. By Representative Cummings of the 17th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to change the provisions relating to members who are former members of the Employees' Retirement System of Georgia.

HB 38. By Representative Cummings of the 17th:
A bill to amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to restoration to service and income limitations on disability beneficiaries under the Employees' Retirement System of Georgia, so as to change the provisions relating to income limitations.

HB 39. By Representative Cummings of the 17th:
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 reestablishment of creditable service for members who are former members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia.

HB 41. By Representative Cummings of the 17th:
A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that full-time officers and employees of new state agencies shall be members of the retirement system as a condition of employment without the necessity of further legislation to provide for such membership.

HB 801. By Representative Cummings of the 17th:
A bill to amend Code Section 47-13-40.1 of the Official Code of Georgia Annotated, relating to authority to maintain membership in the District Attorneys' Retirement System while holding office as a superior court judge, so as to provide that a superior court judge who was a former member of such retirement system at the time of taking office may elect to continue membership in such retirement system.

1342

JOURNAL OF THE HOUSE,

HB 1276.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for income deduction for the payment of accident and sickness insurance if a court order for child support includes provision for such coverage.

SB 706. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, as amended, so as to change the composition of the commissioner districts from which the chairman and members of the board are elected; to provide for definitions and inclusions; to provide for other related matters; to provide for submission of this Act to the United States Attorney General.

SB 707. By Senator Kidd of the 25th:
A bill to amend an Act changing the method of electing members for the Board of Education of Putnam County, as amended, so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General.

SB 708. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd:
A bill to amend an Act revising the laws relative to the governing authority of Chatham County, as amended, so as to provide that the board of commissioners may authorize county employees to issue citations for violations of county codes, ordinances, regulations, rules, or other orders; to provide for the effect of failure to respond to citations.

SB 709. By Senators Ragan of the 32nd, Clay of the 37th and Newbill of the 56th:
A bill to amend an Act to authorize the establishment of a civil service system in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to change the dates of expiration of the terms of office of board members.

HB 1436.

By Representatives Wilder of the 21st, Aiken of the 21st, Hammond of the 20th, Coker of the 21st, Vaughan of the 20th and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the compensation of the chairman and other members of the board of education.

HB 1629.

By Representative Beatty of the 12th:
A bill to amend an Act creating the board of commissioners of roads and revenues of Jackson County, so as to provide that the board of commissioners shall submit an annual financial report to the grand jury at the fall term of the superior court.

HB 1631. By Representative Poag of the 3rd: A bill to provide a new charter for the City of Varnell.

FRIDAY, FEBRUARY 21, 1992

1343

HB 1659. By Representative Parrish of the 109th:
A bill to amend an Act providing for the election of members to the Emanuel County Board of Education, so as to change the method of filling vacancies on the board.

HB 1662. By Representative Skipper of the 116th:
A bill to create a public body corporate and politic, and an instrumentality of the County of Sumter, to be known as the Sumter County Livestock Authority.

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

HR 814. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd, Walker of the 115th and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of recognizing and honoring Robert Edward Turner III and hearing a message from him.

The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Garner of the 30th, Deal of the 49th, Johnson of the 47th, Steinberg of the 42nd, Walker of the 22nd, Baldwin of the 29th and Egan of the 40th.

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 1843. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to amend an Act providing for the election of members to the Burke County board of education, so as to change the composition of the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1844. By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the composition of the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1850. By Representative Williams of the 90th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax.
Referred to the Committee on Ways & Means.

1344

JOURNAL OF THE HOUSE,

HB 1851. By Representative Holmes of the 28th:
A bill to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to prohibitions regarding the imposition of certain local taxes, so as to provide for applicability with respect to any sales tax, use tax, or sales and use tax levied and imposed pursuant to Section 25 of an Act approved March 10, 1965.
Referred to the Committee on Ways & Means.

HB 1852. By Representatives Coker of the 21st, Vaughan of the 20th, Atkins of the 21st, Wilder of the 21st, Aiken of the 21st and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to provide that in the event of a vacancy in the position of two commissioners, a majority vote of the members present at the meeting shall be sufficient for the commission to take action.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1853. By Representatives Beatty of the 12th, Ladd of the 44th, Mobley of the 64th, Carrell of the 65th, Breedlove of the 60th and others:
A bill to amend Code Section 40-2-85 of the Official Code of Georgia Annotated, relating to special license plates for veterans who survived the attack on Pearl Harbor, so as to change the minimum number of applications required and increase the fee of such license plates.
Referred to the Committee on Motor Vehicles.

HB 1854. By Representatives Henson of the 57th and 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 policies of insurance which provide coverage shall not exclude or deny coverage for the diagnostic, surgical, or nonsurgical management of certain deformities or disorders or apply certain reductions or limitations to such coverage.
Referred to the Committee on Insurance.

HB 1855. By Representatives Thomas of the 69th, Chambless of the 133rd, Groover of the 99th and Pettit of the 19th:
A bill to amend Code Section 16-10-2 of the Official Code of Georgia Annotated, relating to the offense of bribery, so as to provide that certain acts shall not constitute the offense of bribery.
Referred to the Committee on Judiciary.

HB 1856. By Representatives Canty of the 38th, Elliott of the 103rd, Barnett of the 59th, Felton of the 22nd, Mueller of the 126th and others:
A bill to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationships generally, so as to provide for definitions; to provide for certain grandparent's rights of visitation, contact, and information regarding the grandchildren.
Referred to the Committee on Special Judiciary.

FRIDAY, FEBRUARY 21, 1992

1345

HB 1857. By Representatives Kingston of the 125th and Hamilton of the 124th: A bill to amend Article 9 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Georgia Hospice Law," so as to authorize registered professional nurses licensed in this state and employed by a licensed hospice to make the determination and pronouncement of the death of a hospice patient under certain circumstances.
Referred to the Committee on Health & Ecology.
HR 933. By Representatives Beatty of the 12th, Ladd of the 44th, Mobley of the 64th, Carrell of the 65th, Breedlove of the 60th and others: A resolution designating the Veterans Memorial Parkway.
Referred to the Committee on Transportation.
HR 934. By Representatives Coker of the 21st, Vaughan of the 20th, Atkins of the 21st, Wilder of the 21st, Hammond of the 20th and others: A resolution urging the Department of Human Resources to allocate funding for mental health services in a more equitable manner.
Referred to the Committee on Health & Ecology.
HR 936. By Representative Barnett of the 59th: A resolution relating to the development of a state-wide "911" system.
Referred to the Committee on Industry.
The following Resolution of the House was read and referred to the Committee on Rules:

HR 932. By Representatives Long of the 142nd, Groover of the 99th, Royal of the 144th and Murphy of the 18th:
A resolution commending the Honorable George T. Smith and inviting him to appear before the House of Representatives.

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

SB 517. By Senator Henson of the 55th:
A bill to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, so as to change the provisions relating to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date.
Referred to the Committee on Special Judiciary.

SB 546. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and others:
A bill to amend Code Section 47-10-40 of the Official Code of Georgia Annotated, relating to membership in the Trial Judges and Solicitors Retirement Fund, so as to provide that the governing authority of a county may supplement the benefit of a superior court judge who is receiving benefits under such fund.
Referred to the Committee on Retirement.

1346

JOURNAL OF THE HOUSE,

SB 565. By Senator Albert of the 23rd:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide for declarations of paternity; to provide for procedures for declarations at the time of birth.
Referred to the Committee on Special Judiciary.

SB 699. By Senator Ramsey of the 54th:
A bill to amend Code Section 48-9-38 of the Official Code of Georgia Annotated, relating to the registration of motor carrier vehicles, so as to provide for the withholding of registration documents from those carriers who have outstanding tax, penalty, or fee obligations to the state.
Referred to the Committee on Motor Vehicles.

SB 705. By Senators Garner of the 30th, Dean of the 31st and 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 relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date.
Referred to the Committee on Legislative & Congressional Reapportionment.

SB 706. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, as amended, so as to change the composition of the commissioner districts from which the chairman and members of the board are elected; to provide for definitions and inclusions; to provide for other related matters; to provide for submission of this Act to the United States Attorney General.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 707. By Senator Kidd of the 25th:
A bill to amend an Act changing the method of electing members for the Board of Education of Putnam County, as amended, so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 708. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd:
A bill to amend an Act revising the laws relative to the governing authority of Chatham County, as amended, so as to provide that the board of commissioners may authorize county employees to issue citations for violations of county codes, ordinances, regulations, rules, or other orders; to provide for the effect of failure to respond to citations.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 21, 1992

1347

SB 709. By Senators Ragan of the 32nd, Clay of the 37th and Newbill of the 56th:
A bill to amend an Act to authorize the establishment of a civil service system in Cpbb County for persons receiving salary and wages in whole or in part from Cobb County, as amended, so as to change the dates of expiration of the terms of office of board members.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HR 787. By Representative Hudson of the 117th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a sanitary sewer main in, on, over, under, upon, across, or through property owned by the State of Georgia in Wilcox 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:

Abernathy Y Adams Y Aiken Y Alford
Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Blitch Bordeaux Y Bostick
Y Branch Y Breedlove
Brooks Y' Brown
Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E
Y Clark.L Y Coker
Y Coleman Colwell
Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D Y Davis.G
Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B . Y Harris,J

Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
Y Ladd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson
Y Lee Y Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy
McKelvey Y McKinney.B
McKinney,C
Y Meadows Y Merritt
Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Simpson
Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson
Y Watts Y White Y Wilder Y Williams.B
Williams,J Williams.R
Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 152, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

1348

JOURNAL OF THE HOUSE,

Representatives Mills of the 20th, Davis of the 45th and Cauthorn of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HR 788. By Representatives Smith of the 156th and Fennel of the 155th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a marina facility in, on, over, under; upon, across, or through property owned 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 roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcum Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benelield Y Birdsong
Blitch Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Canty Y Carrell Y Carter Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.D Y Davis.G Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson
rwin ackson amieson enkins
ones Y Kilgore YKing Y Kingston
Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy
McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Poweli.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Thomas,C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,,] Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,,! Williams.R 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.

Representatives Mills of the 20th, Thomas of the 69th, Cauthorn of the 20th and Davis of the 45th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1767.

By Representatives Yeargin of the 14th, Connell of the 87th, Ricketson of the 82nd, Padgett of the 86th, Brush of the 83rd and others:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdiction of the authority; to revise the scope and definition of a project of the authority.

FRIDAY, FEBRUARY 21, 1992

1349

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

Abernathy Y Adams Y Aiken Y Alfurd Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedluve Y Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D Y Davis.G
Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton
Hammond Y Manner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas YMann Y Martin Y McBee Y McCoy
McKelvey McKinney.B McKinney.C
Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Williams.R 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.

Representatives Davis of the 45th, Cauthorn of the 20th and Hammond of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1612.

By Representative Groover of the 99th:
A bill to amend Part 5 of Article 1 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to the execution of corporate documents, and Article 1 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relating to corporation, so as to create a presumption of authority when the president or vice-president of a corporation executes a document and that document is attested to by the secretary, assistant secretary, or other officer to whom such responsibility has been delegated.

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

1350

JOURNAL OF THE HOUSE,

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron
Y Barnett.B Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush
Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G
Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock
Y Padgett Y Parham Y Parrish
Patten
Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Snow Y Stancil.F Y Stancil.S Stanley Y Streat" Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan
Walker.J Y Walker.L
Y Wall Y Watson Y Watts
White Wilder Y Williams.B Williams.J Y Williams.R
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Davis of the 45th and Stanley of the 33rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1718.

By Representative Lane of the 27th:
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 require any person licensed under Title 43 to provide evidence of such licensure before any county or municipal corporation issues a business license to that person.

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

Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M

Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Brush

YBuck Buckner
Y Byrd Campbell
Y Canty Y Carrell
Carter Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M

Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt

FRIDAY, FEBRUARY 21, 1992

1351

Y Godbee Y Golden
Y Goodwin
E Green Greene
Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard
Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones

Y Kilgore Y King
Kingston
Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee
Long Lord Y Lucas Y Mann Y Martin Y McBee
Y McCoy
Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Mills Y Mobley
Moody
Y Morsberger Moultrie Mueller
Y Oliver.C Oliver.M
Y Orr Y Orrock
Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit
Y Pinholster
Y Pinkston Y Poag Y Porter Y Poston Y Powell,A Y Powell.C

Y Presley Y Purcell
Randall
Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith.T
Smith.W
Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor

Y Teper Y Thomas.C
Y Thomas,M
Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White
Y Wilder Y Williams.B
WilliamsJ Y Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Stanley of the 33rd, Mills of the 20th and Cauthorn of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative 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 and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 1219.

By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, so as to provide for limitations for actions to recover damages against an accountant or an accounting partnership, professional association, or professional corporation relative to an alleged breach of contract or negligent performance of accounting services.

The following Committee substitute was read and adopted:

A BILL
. To amend Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, so as to provide for limitations for actions to recover damages against an accountant or an accounting partnership, professional association, or professional corporation relative to an alleged breach of contract or negligent performance of accounting services; to provide for specific periods of limitation; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, is amended by adding between Articles 4 and 5 a new Article 4A to read as follows:

1352

JOURNAL OF THE HOUSE,

"ARTICLE 4A
9-3-85. Notwithstanding any other provisions of Article 2 of this chapter, this article shall apply to and govern any action to recover damages filed on or after July 1, 1992, by any person or entity claiming negligence or breach of contract on the part of any accountant or accounting partnership, professional association, or professional corporation registered, licensed, or practicing in this state in conformity with the provisions of Chapter 3 of Title 43 as a result of financial statements or other information examined, compiled, reviewed, certified, audited, or otherwise reported or opined on by the accountant or accounting partnership, professional association, or professional corporation pursuant to an engagement to provide professional accounting services.
9-3-86. No action covered by Code Section 9-3-85 may be brought in any court in this state unless such action commences on or before the earlier of:
(1) One year from the date the alleged negligent or wrongful act or omission is discovered or should have been discovered by the exercise of reasonable diligence; or
(2) Three years after the service for which the action is brought was performed or the date of the initial issuance of the accountant's report on the financial statements or other information, whichever conies first; provided, however, that if the alleged negligent or wrongful act or omission is discovered or should have been discovered by the exercise of reasonable diligence within the third year after the service was performed, the period for bringing an action shall extend for one year after the date of discovery or the date discovery should have been made by the exercise of reasonable diligence."
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:

Abernathy Y Adams Y Aiken
Alford
Y Ashe Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch
Bordeaux Bostick Branch N Breedlove
Brooks Y Brown
Y Brush Y Buck Y Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L Y Coker Y Coleman N Colwell Y Connell
Y Culbreth Y Cummings.B
Cummings,M N Davis.D
Davis.G
Y Davis.M Y Dixon.H
Dixon.S N Dobbs
Dover Y Dunn Y Edwards Y Elliott
Felton Fennel
Floyd.J.M Floyd.J.W
Y Flynt N Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Heard
Y Henson Y Herbert Y Holland
Holmes Y Howard
Hudson Y Irwin
N Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing N Kingston N Klein YLadd Y Lane.D
Lane.R N Langford Y Lawrence N Lawson YLee YLong
YLord Lucas
Y Mann Y Martin Y McBee
McCoy McKelvey
McKinney.B Y McKinney.C N Meadows
Merritt Y Milam

Y Mills Y Mobley Y Moody
Y Morsberger Moultrie
N Mueller Y Oliver.C Y Oliver.M N Orr
Orrock
Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell
Randall Ray Y Reaves Redding N Ricketson Y Royal N Selman Y Sherrill Simpson N Sinkfield

Skipper Y Smith.L
Smith,? Smith.T Smith.W Smyre YSnow
Y Stancil.F N Stancil.S N Stanley
Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N
Thurmond Titus Y Tolbert Townsend Turnquest Twiggs
Y Valenti Y Vaughan
Walker.J Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R
Yeargin Murphy.Spkr

FRIDAY, FEBRUARY 21, 1992

1353

On the passage of the Bill, by substitute, the ayes were 106, nays 21.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Cauthorn of the 20th and Thomas of the 69th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 666. By Representative Meadows of the 91st:
A bill to amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to development authorities, so as to change the maximum number of directors of a development authority.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to development authorities, so as to change the maximum number of directors of a development authority; 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 36-62-4 of the Official Code of Georgia Annotated, relating to development authorities, 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) There is created in and for each county and municipal corporation in the state a public body corporate and politic to be known as the 'development authority' of such county or municipal corporation, which shall consist of a board of not less than seven and not more than nine directors to be appointed by resolution of the governing body of the county or municipal corporation. At the time ef- the election ef the first board of directors j trie govcmiri^j Dociy OT tne municipQi corporflttott of county snflii elect two Qirectors Ior two ycflps, two directors tor IOUP yeflpSj stiu tnree o.11ectOPS top six yesps, ad thereafter the terms ef ftH directors shall be si* years. At the expiration of the current terms of office of the first four members of the board of directors, the governing body of the county or municipal corporation shall elect successors to such members to serve for initial terms of two years and shall elect successors to the remaining members of the board for initial terms of four years. Thereafter, the terms of all directors shall be for four years. The terms of any directors added to the original seven directors shall be four years. If, at the end of any term of office of any director, a successor thereto has not been elected, the director whose term of office has expired shall continue to hold office until his successor is so elected."
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 Abernathy Y Adams
Y Aiken Altord
Y Ashe

Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron

Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield

Y Birdsong Y Blitch
Bordeaux Y Bostick
Branch

Y Breedlove Brooks
Y Brown Y Brush Y Buck

1354

JOURNAL OF THE HOUSE,

Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chatin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott
Felton

Fennel Floyd.J.M Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris.J Heard Y Henson Y Herbert Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston

Y Klein Y Ladd
Lane.D Lane.R Y Langford Y Lawrence Y Lawson Y Lee Long Y Lord Lucas Y Mann Y Martin Y McBee
McCoy McKelvey McKinney.B McKinney.C Y Meadows Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock

Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit Y Pinholster Pinkston Y Poag Y Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W

Smyre Snow Y Stancil.F Y Stancil.S Y Stanley Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Townsend Y Turnquest Twiggs Y Valenti
Y Vaughan Walker.J
Y Walker.L Y Wall Y Watson Y Watts
White
Y Wilder Y Williams.B
Williams.J Y Williams.R
Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Holland of the 136th and Cauthorn of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1570.

By Representatives Parham of the 105th and Watts of the 41st:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide an exception to the requirement that vehicles transporting etiologic agents be distinctively marked.

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

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch

Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless

Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon,S Y Dobbs

Y Dover Y Dunn
Y Edwards Y Elliott
Y Felton Y Fennel
Floyd.J.M FloydJ.W Y Flynt Y Godbee Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton

Y Hammond Hanner
Y Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore

FRIDAY, FEBRUARY 21, 1992

1355

YKing Y Kingston Y Klein Y Ladd
Lane.D Y Lane.R Y Landlord Y Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Mann Y Martin Y McBee
McCoy McKelvey McKinney,B

McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Pelote

Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Ray Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill

Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W
Smyre Snow Y Stancil.F Y Stancil.S Y Stanley Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond

Y Titus Y Tolbert
Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Williams.R Yeargin Murphy,Spkr

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

Representative Cauthorn 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 1202.

By Representatives Dunn of the 73rd, Lucas of the 102nd, Sherrill of the 47th, Bordeaux of the 122nd and Valenti of the 52nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for continuation rights for persons age 60 and over whose coverage under certain group accident and sickness insurance plans would otherwise terminate.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for continuation rights for persons age 60 and over whose coverage under certain group accident and sickness insurance plans would otherwise terminate; to provide for definitions; to provide conditions for eligibility; to provide for notices to plan administrators and to persons eligible to continue coverage; to provide for maximum premium amounts; to provide for the payment of premiums; to provide for the termination of continued coverage; to provide for matters relative to the foregoing; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding immediately following Code Section 33-24-21.1, relating to conversion privileges and continuation right provisions under group accident and sickness contracts, a new Code section, to be designated Code Section 33-24-21.2, to read as follows:
"33-24-21.2. (a) As used in this Code section, the term: (1) 'Group contract or group plan' is synonymous with the term 'contract or plan'
and means: (A) A group contract of the type issued by a nonprofit medical service corpora-
tion established under Chapter 18 of this title; (B) A group contract of the type issued by a nonprofit hospital service corpora-
tion established under Chapter 19 of this title;

1356

JOURNAL OF THE HOUSE,

(C) A group contract of the type issued by a health care plan established under Chapter 20 of this title;
(D) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or
(E) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title. (2) 'Group member' means a person who has been a member of the group for at least six months; who is entitled to medical benefits coverage under a group contract or group plan; and who is an insured, certificate holder, or subscriber under the contract or plan. (3) 'Insurer' means an insurance company, nonprofit hospital service corporation, medical service nonprofit corporation, health care plan, or health maintenance organization.
(4) 'Plan administrator' means: (A) The person designated as the plan administrator by the instrument under
which the group contract or plan is operated; or
(B) If no plan administrator is designated, the plan sponsor. (b) (1) A group contract or plan providing coverage for hospital or medical expenses, other than coverage limited to expenses from accidents or specific diseases, shall contain a provision that a group member whose insurance under the contract or plan would otherwise terminate shall be entitled to continue coverage under that group contract or plan for himself or herself and his or her eligible dependents if the group member is 60 years of age or older as of the date the coverage would otherwise terminate.
(2) A group member shall not be entitled to have coverage continued under paragraph (1) of this subsection if:
(A) Termination is voluntary for other than health reasons; (B) Termination of coverage occurred because the employment of a group member was terminated for reasons which would cause a forfeiture of unemployment compensation under Chapter 8 of Title 34, the 'Employment Security Law';
(C) Termination of coverage occurred because the group member failed to pay any required contribution;
(D) Any discontinued coverage is immediately replaced by similar group coverage; or
(E) The group contract or group plan was terminated in its entirety or was terminated with respect to a class to which the group member belonged. This paragraph shall not affect conversion rights available to a group member under any contract or plan.
(c) A group contract or plan providing coverage for hospital or medical expenses, other than coverage limited to expenses from accidents or specific diseases, shall contain a provision that:
(1) The surviving spouse of a group member may continue coverage under the plan, at the death of the group member, with respect to the spouse and any dependent children whose coverage under the plan otherwise would terminate because of the death of the group member if the surviving spouse is 60 years of age or older at the time of the death; and
(2) The divorced or legally separated spouse of a group member may continue coverage under the plan, upon dissolution of marriage with, or legal separation from, the group member, with respect to the divorced or legally separated spouse and any dependent children whose coverage under the plan otherwise would terminate because of the dissolution of marriage or legal separation, if the divorced or legally separated spouse is 60 years of age or older at the time of the dissolution or legal separation.
(d) Continued coverage for dental, vision care, or prescription drug expenses shall be
offered to an eligible group member, legally separated, divorced, or surviving spouses, and any dependent children eligible under subsection (b) or (c) of this Code section if
such coverage is or was available to the group member.

FRIDAY, FEBRUARY 21, 1992

1357

(e) (1) The group policyholder shall notify the plan administrator within 30 days of the date a former group member becomes eligible for continued coverage under subsections (b) and (d) of this Code section.
(2) Within 60 days of legal separation or the entry of a decree of dissolution of marriage, a legally separated or divorced spouse eligible for continued coverage under subsections (c) and (d) of this Code section who seeks such coverage shall give the plan administrator written notice of the legal separation or dissolution. The notice shall include the mailing address of the legally separated or divorced spouse.
(3) Within 30 days of the death of a group member whose surviving spouse is eligible for continued coverage under subsections (c) and (d) of this Code section, the group policyholder shall give the plan administrator written notice of the death and of the mailing address of the surviving spouse.
(4) Within 14 days of receipt of notice under paragraph (1), (2), or (3) of this subsection, the plan administrator shall notify the eligible group member or the legally separated, divorced, or surviving spouse that the contract or plan may be continued. The notice shall be mailed to the mailing address provided to the plan administrator and shall include:
(A) A form for election to continue the coverage; (B) A statement of the amount of periodic premiums to be charged for the continuation of coverage and of the method and place of payment; and (C) Instructions for returning the election form by mail within 60 days after the date of mailing of the notice by the plan administrator. (5) Failure of the eligible group member or the legally separated, divorced, or surviving spouse to exercise the election in accordance with paragraph (4) of this subsection shall terminate the right to continuation of benefits. (6) If a plan administrator fails to notify the eligible group member or the legally separated, divorced, or surviving spouse as required by paragraph (4) of this subsection, premiums shall be waived from the date the notice was required until the date notice is received by the eligible group member or the legally separated, divorced, or surviving spouse. (f) If an eligible group member or a legally separated, divorced, or surviving spouse elects continuation of coverage under subsection (b), (c), or (d) of this Code section: (1) The monthly premium for the continuation shall not be greater than the amount that would be charged if the eligible group member or the legally separated, divorced, or surviving spouse were a current group member plus the amount that the group policyholder would contribute toward the premium if the eligible group member or the legally separated, divorced, or surviving spouse were a current group member, plus an additional amount, not to exceed 2 percent of the group plan holder and member contributions, for the costs of administration; (2) The first premium shall be paid by the eligible group member or the legally separated, divorced, or surviving spouse within 45 days of the date of the election; and (3) The right to continuation of coverage shall terminate upon the earliest of any of the following:
(A) The failure to pay premiums when due, including any grace period allowed by the policy;
(B) The date that the group plan is terminated as to all group members, except that if a different group plan is made available to group members, the eligible group member or the legally separated, divorced, or surviving spouse shall be eligible for continuation of coverage as if the original plan had not been terminated;
(C) The date on which the eligible group member or legally separated, divorced, or surviving spouse becomes insured under any other group health plan;
(D) The date on which the eligible group member or the legally separated, divorced, or surviving spouse becomes eligible for federal medicare coverage,
(f) This Code section shall apply to any group contract or group plan which covers 20 or more individuals and which is issued, delivered, or issued for delivery in this state on or after July 1, 1992, and to any group contract or group plan covering 20 or more persons then in effect on the first anniversary date occurring on or after July 1, 1992."

1358

JOURNAL OF THE HOUSE,

Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy Y Adams Y Aiken
Alford Ashe Y Atkins Y Baker Y Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M N Bates
N Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux
Bostick Branch N Breedlove Y Brooks Brown N Brush Y Buck Y Buckner NByrd
Y Campbell Y Canty N Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker N Coleman N Colwell Y Connell Y Culbreth Y Cummings.B
Y Cummings,M Davis.D
Y Davis.G
N Davis.M N Dixon.H
Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel N Floyd.J.M
FloydJ.W Y Flynt N Godbee N Golden Y Goodwin E Green Y Greene
Griffin
Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

N Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin
N Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein YLadd Y Lane.D
N Lane.R Langford Lawrence
Y Lawson
YLee Long
NLord Y Lucas NMann Y Martin
Y McBee Y McCoy
McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills N Mobley Y Moody Y Morsberger
Moultrie N Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock
Padgett Parham N Parrish
Patten Y Pelote Y Perry Y Pettit
Pinholster Pinks ton N Poag Porter Y Poston N Powell.A Y Powell.C N Presley N Purcell Randall
YRay N Reaves
Redding Y Ricketson
Y Royal Selman
Y Sherrill Simpson
Y Sinkfield

Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F
Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker,!, Y Wall
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 115, nays 29.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1202 was ordered immediately transmitted to the Senate.

Representative Mueller of the 126th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representatives Selman of the 32nd and Skipper of the 116th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1594. By Representative Cummings of the 17th:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishment of creditable service in the Teachers Retirement System of Georgia by persons who have withdrawn their contributions, so as to provide that such creditable service may be reestablished a portion at a time.

FRIDAY, FEBRUARY 21, 1992

1359

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

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch \ Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M
Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene ' Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B
Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Y Lord Y Lucas Y Mann
Y Martin Y McBee Y McCoy
McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller
Oliver.C Y OHver.M YOrr Y Orrock
Padgett Parham Y Parrish
Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman
Y Sherrill Simpson
Y Sinkfield

Skipper Y Smith.L
Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson
Watts White Y Wilder Y Williams.B
Williams.J Williams.R 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 1545.

By Representatives Baker of the 51st, Irwin of the 57th, Sherrill of the 47th and Dunn of the 73rd:
A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to provide new standards for the designation of official organs.

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

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux
Y Bostick Branch
Y Breedlove N Brooks
Brown Y Brush

Y Buck Y Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M

Y Dixon.H Dixon.S
Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt

1360

JOURNAL OF THE HOUSE,

Y Godbee
Y Golden Y Goodwin E Green Y Greene Y Griffin
Y Groover
Y Hamilton
Y Hammond
Y Manner
Y Harris.B Y Harris,,!
Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones

Y Kilgore
Y King Y Kingston Y Klein Y Ladd Y Lane.D
Y Lane.R
Y Langford
Y Lawrence
Y Lawson
Y Lee Long
Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy
McKelvey Y McKinney.B
McKinney.C
Y Meadows Y Merritt Y Milam

Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller
Oliver.C
Y Oliver.M
Y Orr
Y Orrock
Padgett Y Parham
Y Parrish Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter
Y Poston Y Powell.A Y Powell.C

N Presley
Y Purcell Randall
Y Ray Y Reaves
Redding
Y Ricketson
Y Royal
Y Selman
Y Sherrill
Y Simpson Y Sinkfield
Skipper Y Smith.L
Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Y Stanley Y Streat Y Taylor

Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Y Tolbert
Y Townsend
Y Turnquest
Y Twiggs
Y Valenti Y Vaughan
Y Walker.J Y Walker.L Y Wall Y Watson
Watts White Wilder Y Williams.B Williams.J
Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 149, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1666.

By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd, Jones of the 71st, Taylor of the 94th and others:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid on the proceeds of certain policies from the time a claim is filed.

The following Committee substitute was read:

A BILL
To amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid on the proceeds of certain policies from the time a claim is filed; to provide when a claim is deemed to be filed; 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 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, is amended by striking in its entirety Code Section 33-25-10, relating to the payment of interest on the proceeds of life insurance policies, and inserting in its place a new Code Section 33-25-10 to read as follows:
"33-25-10. (a) Each insurer admitted to transact life insurance in this state shall pay interest on proceeds or payments under any individual policy of life insurance, payable to a beneficiary residing in this state or to a beneficiary under a policy issued in this state or to a beneficiary under a policy insuring a person resident in this state at the time of death.
(b) Interest payable pursuant to subsection (a) of this Code section shall be computed from the insurcd's death date a claim is filed with the insurer until the date of payment and shall be at the following rate of interest:
(1) In the event an action to recover the proceeds due under such policy is commenced and results in a judgment against the insurer, interest shall be computed at the legal rate of interest; or
(2) In the event a claim is made and no such action has been commenced, interest shall be computed daily at the greater of the rate of 12 percent per annum or the

FRIDAY, FEBRUARY 21, 1992

1361

highest interest rate currently paid by the insurer on proceeds left under an interest settlement option. (c) This Code section shall not:
(1) Apply to proceeds under any such policy paid within 30 days after the date of death of the insured filing a claim;
(2) Require the payment of interest in an amount of less than $5.00; (3) Apply to policies of credit life insurance; (4) Require the payment of interest for any period during which an insurer is required to pay interest under any state or federal law pertaining to interpleader; (5) Apply to any individual policy issued within 12 months of the death of the insured. (d) For the purposes of this Code section, payment shall be deemed to have been received by a resident when manually delivered by an agent or representative of the insuring company or when deposited by the insuring company in the United States mail, postage prepaid, and directed to the resident at his last known address as evidenced by the business records of the insuring company. (e) For the purposes of this Code section, a claim shall be deemed to have been filed with an insurer on the date that the insurer receives a substantially completed application or other written notice for the policy proceeds and reasonable proof of death of the insured."
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 Meadows of the 91st moves to amend the Committee substitute to HB 1666 as follows:
Add a new subsection "f" to read:
"(f) In the event the policy is payable to the estate of a deceased if a substantially completed application is filed by the administrator or executor of the estate within 60 days of the qualification of such administrator or executor the interest shall be computed from the date of such qualification".

Representative Walker of the 115th moved that further consideration of HB 1666 be postponed until Monday, February 24, 1992, immediately following the period of unanimous consents.
The motion prevailed.

SR 369. By Senator Thompson of the 33rd:
A resolution authorizing and directing the conveyance of certain state-owned property located in Cobb County, Georgia.

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

Abernathy Y Adams Y Aiken

Alford Y Ashe Y Atkins

Y Baker Balkcom
Y Barfoot

Y Bargeron Y Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield

1362

JOURNAL OF THE HOUSE,

Y Birdsong Y Blitch Y Bordeaux
Y Bostick Branch
Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M
Davis.D Davis.G
Y Davis.M

Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee
Y Golden Y Goodwin
E Green Y Greene
Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard
Y Hudson Y Irwin Y Jackson

Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane.D Y Lane.K Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas YMann
Y Martin Y McBee
Y McCoy McKelvey
Y McKinney.B McKinney.C
Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller

Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C
Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Smith.P

Y Smith.T Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M N Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L
Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, the ayes were 147, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 354. By Representatives Poston of the 2nd, Snow of the 1st, Poag of the 3rd, McCoy of the 1st and Perry of the 5th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the election and term of office of said judge.
The following Senate substitute was read:
A BILL
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the initial appointment, election, and term of office of said judge; to provide for the powers, duties, jurisdiction, and compensation of said judge; to provide for the division and allocation of work and duties; to provide for facilities and equipment; to provide for an additional court reporter; to provide for the impaneling of jurors; to provide for 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. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (22) which reads as follows:

FRIDAY, FEBRUARY 21, 1992

1363

"(22) Lookout Mountain Circuit..................................................................................... 3", and inserting in lieu thereof a new paragraph (22) to read as follows:
"(22) Lookout Mountain Circuit...................................................................................... 4"
Section 2. The additional judge of the superior courts for the Lookout Mountain Judicial Circuit of Georgia shall be appointed by the Governor for a term beginning April 1, 1992, and expiring December 31, 1992, and upon the election and qualification of a successor. At the general election to be held in 1992, there shall be elected a successor to the first additional judge appointed as provided for above and he shall take office on the first day of January, 1993, and serve for a term of office of four years and until his successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of office of four years and until his successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.
Section 3. The additional judge of the superior courts for the Lookout Mountain Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
Section 4. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia. Any provisions heretofore or hereafter enacted for supplement by the county of said circuit for the present judges shall also be applicable to the additional judge provided for by this Act.
Section 5. All writs and processes in the superior courts of the Lookout Mountain Judicial Circuit of Georgia shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law.
Section 6. The governing authority of the counties comprising the Lookout Mountain Judicial Circuit of Georgia are authorized and empowered to provide a suitable courtroom, jury room, and chambers for the additional judge of the Lookout Mountain Judicial Circuit of Georgia created herein as may be necessary upon the recommendation of said judge.
Section 7. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Lookout Mountain Judicial Circuit of Georgia may bear teste in the name of any judge of said Lookout Mountain Judicial Circuit of Georgia, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof.
Section 8. The four judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of disagreement among said judges in respect thereof, the decision of the judge who is senior in point of service shall be controlling. The four judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia shall have, and are clothed with, full power, authority, and discretion to determine, from time to time and term to term, the manner of calling the dockets and fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one or more said judges, and the hearing of all other matters in requiring a trial by a jury to the

1364

JOURNAL OF THE HOUSE,

other judge or judges, and they may alternate such order of business at the next term. Any of said judges may conduct trials by jury at the same time within said circuit, or one or more of them may hear chambers business and motion business at the same time within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing in all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law. Where the judges thereof cannot agree or shall differ, the opinion or order of the judge senior in point of service shall control.
Section 9. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit, and they, or any of them, shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before any of said judges separately, or before each of them at the same time.
Section 10. The four judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
Section 11. For purposes of making the initial appointment of the fourth judge to fill the fourth judgeship created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall become effective April 1, 1992.
Section 12. All laws and parts of laws in conflict with this Act are repealed.

Representative Poston of the 2nd moved that the House agree to the Senate substitute to HB 354.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick
Branch Y Breedlove
Brooks Brown Brush Y Buck
Y Buckner YByrd
Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M
Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
God bee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy
McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston YPoag Porter Y Poston Y Powell.A Powell.C Y Presley Y Purcell Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson Y Sinkfield

Y Skipper Y Smith.L
Smith.P Y Smith.T
Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Turnquest Twiggs Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson
Y Watts White Wilder
Y Williams.B Williams.J Williams.R
Y Yeargin Murphy,Spkr

FRIDAY, FEBRUARY 21, 1992

1365

On the motion, the ayes were 135, nays 1. 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 Resolution of the House:

HR 929. By Representative Murphy of the 18th: A resolution relative to adjournment.

Representative Parham of the 105th 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 1462 Do Pass, by Substitute HB 1487 Do Pass, as Amended HB 1478 Do Pass, by Substitute

HB 1145 Do Pass, by Substitute HB 1590 Do Pass, as Amended HB 1293 Do Pass

Respectfully submitted, /s/ Parham of the 105th
Chairman

Pursuant to HR 929, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 24, 1992.

1366

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 24, 1992

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 Ashe Atkins
Baker Barfuut Bargeron Barnett.B Bates Birdsong Bordeaux Bostick Breedlove
Brooks Brown Brush Buck Buckner Byrd Campbell Carrell Carter Chafin Chambless Cheeks Childers Clark,E

Clark,L Coker Colwell Connell Culbreth
Cummings.B Davis.D Dixon.H Dover Elliott Felton Fennel Floyd.J.M Floyd.J.W
Godbee Golden Greene Griffin Groover Hamilton Hammond Harris,B Harris.J Heard Herbert Holland Holmes Howard

Hudson Irwin Jackson Jamieson Jones
Kilgore King Kingston Klein Ladd Lane.D Langford Lawrence Lawson
Lee Long Mann Martin McBee McCoy McKelvey McKinney.B Meadows Merritt Milam Mobley Moody Morsberger

Moultrie Mueller Oliver.C Oliver.M Orr
Padgett Parham Parrish Pelote Perry Pettit Pinholster Poag Porter
Poston Fowell.A Powell.C Presley Purcell Randall Ray Reaves Redding Ricketson Royal Selman Sherrill Sinkfield

Skipper Smith,L Smith.P Smith.T Smith,W
Snow Stancil.F Stancil.S Streat Taylor Teper Thomas,N Thurmond Titus
Tolbert Turnquest Twiggs Valenti Vaughan Walker.L Wall Watson Watts Williams,B Williams.J Williams,R Yeargin Murphy.Spkr

Prayer was offered by the Reverend Blake J. Neff, Pastor, New Liberty United Methodist Church, Clarksville, Georgia.

The members pledged allegiance to the flag.

The following members were off the floor of the House when the roll was called:
Representatives Thomas of the 31st, Beatty of the 12th, Balkcom of the 140th, Dobbs of the 74th, Lane of the lllth, Walker of the 113th, Jenkins of the 80th, Cauthorn of the 20th, White of the 132nd, Hanner of the 131st, Blitch of the 150th, Goodwin of the 63rd, Abernathy of the 39th, Coleman of the 118th, Wilder of the 21st, Branch of the 137th, Davis of the 29th, Lucas of the 102nd, McKinney of the 40th, Barnett of the 59th, Simpson of the 70th, Mills of the 20th, Smyre of the 92nd, Davis of the 45th, Canty of the 38th, Patten of the 149th, Orrock of the 30th, Henson of the 57th, Dixon of the 128th and Thomas of the 69th.
They wish to be recorded as present.

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.

MONDAY, FEBRUARY 24, 1992

1367

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 1841. By Representative Dunn of the 73rd:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals, so as to provide for hospital cost containment.
Referred to the Committee on Health & Ecology.

HB 1842. By Representative Dunn of the 73rd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for intent; to provide for definitions; to prohibit certain financial arrangements between referring health care providers and providers of health care services.
Referred to the Committee on Health & Ecology.

HB 1845. By Representative Orr of the 9th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that bills may be filed with the Secretary of the Senate or the Clerk of the House of Representatives at any time the General Assembly is not in session.
Referred to the Committee on Rules.

HB 1846. By Representatives Dobbs of the 74th, Banner of the 131st, Lane of the lllth and Coleman of the 118th:
A bill to amend Code Section 43-51-3 of the Official Code of Georgia Annotated, relating to the creation of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts and related matters, so as to provide for an additional member of such board.
Referred to the Committee on Natural Resources & Environment.

1368

JOURNAL OF THE HOUSE,

HB 1847. By Representatives Dobbs of the 74th, Colwell of the 4th, Breedlove of the 60th and Smith of the 78th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, so as to change the definition of a certain term; to define an additional term; to provide that the provisions of said chapter shall apply to certain multifamily dwellings constructed for first occupancy after March 31, 1993.
Referred to the Committee on Industry.

HB 1848. By Representative Smith of the 156th:
A bill to amend Code Section 15-10-80 of the Official Code of Georgia Annotated, relating to filing fees and other fees in magistrate courts, so as to change the maximum amount of the filing fee.
Referred to the Committee on Judiciary.

HB 1849. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide a homestead exemption from all Rabun County ad valorem taxes in the amount of $12,500.00 of the assessed value of the homestead for certain residents of Rabun 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 1858. By Representative Skipper of the 116th:
A bill to repeal an Act providing for the compensation of the chairman and members of the board of commissioners of each county of this state having a population of not less than 26,290 and not more than 27,280.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1859. By Representative Skipper of the 116th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to change the salaries of the chairman and members of the Board of Commissioners of Sumter County.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 931. By Representative Buckner of the 72nd:
A resolution proposing an amendment to the Constitution so as to exempt from ad valorem taxation the increase in the value of property which exceeds the annual increase in value attributable to inflation.
Referred to the Committee on Ways & Means.

HR 935. By Representative Orr of the 9th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall meet in two sessions of 30 days in January and ten days in August.
Referred to the Committee on Rules.

MONDAY, FEBRUARY 24, 1992

1369

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

HB 1812 HB 1814 HB 1815 HB 1816 HB 1817 HB 1818 HB 1819
HR !9?

HTrJiBoD

1m8o2o2 iozo

TTO -.Q^A

KB 825

flD

18/0

HB 1826
TrlTrD> 1loQQz/7 HB 1828 HHBB 11882390 HB 1831 HB

HB 1836 HB 1837 HB 1838 HB 1839 HB 1840 HB 1843

HB 1844
HB 1850 HB 1851 HB 1852 HB 1853
HB 1854 HB 1855

HB 1856

MT"*jrR> 1 8Qy^zOb7C

TIP Qo 1?

WK

yZ *

HR 928

J_JJ^

ggQ

TTO

QQQ

" jjj"^ yngjd^

Tip no/*

*on 1="17

SB 546

bB 565

SB 705 SB 706 SB 707 SB 708 SB 709

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 925 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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1757 Do Pass HB 1765 Do Pass HB 1772 Do Pass

HB 1789 Do Pass HB 1799 Do Pass SB 659 Do Pass, by Substitute

1370

JOURNAL OF THE HOUSE,

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 24, 1992

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:

HB 1004 HB 1106 HB 1194 HB 1299 HB 1342 HB 1395 HB 1460 HB 1487 HB 1666 HB 1693 HB 1769

Public info services and materials; user fees Georgia Airport Development Authority; create(Postponed 2-24-92) Milk and milk products; licensing; fees(Postponed 2-24-92) Public Revenue Code; reference date; Federal tax code Controlled substances and dangerous drugs; amend list Revenue Department; payments by electronic funds transfer Ad valorem tax; heavy-duty equipment Motor vehicle; failure to secure load; points Life insurance claim; when filed; interest(Postponed 2-24-92) Proprietary schools; certain institutes; exemption Jails; certain costs; inmates reimburse

HR 831 Tattnall County; grant easement HR 845 Grady Mallard Bridge; designate

SR 378 Whitfield 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 Bills of the House and Senate were taken up for consideration and read the third time:

HB 1757.

By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to deannex and remove certain property from 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1765.

By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to reapportion the commissioner districts.

MONDAY, FEBRUARY 24, 1992

1371

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1772. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act creating a new charter for the City of LaFayette, so as to change and define the corporate limits of the City of LaFayette.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1789. By Representative Langford of the 7th:
A bill to create the Calhoun Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1799.

By Representative Edwards of the 112th:
A bill to amend an Act providing that the judge of the Probate Court of Taylor County shall serve as chief magistrate of the Magistrate Court of Taylor County, so as to change the compensation of the chief magistrate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 659. By Senator Baldwin of the 29th:
A bill to amend an Act creating a Board of Commissioners for Troup County, as amended, so as to provide new commissioner districts; to provide for definitions and insertions; to provide for the continuation in office of commissioners currently serving and for the election of successors; to provide for submission of this Act to the United States Attorney General for approval.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved March

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28, 1985 (Ga. L. 1985, p. 4598), so as to provide new commissioner districts; to provide for definitions and insertions; to provide for the continuation in office of commissioners currently serving and for the election of successors; to provide for submission of this Act to the United States Attorney General for approval; to provide for conditions for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4598), is amended by striking in their entireties subsections (a) and (b) of Section 2 and inserting in lieu thereof, respectively, the following:
"(a) For the purpose of electing the members of the Board of Commissioners, there shall be five commissioner districts as follows:
Commissioner District No. 1 shall consist of the entire County of Troup.
Commissioner District No. 2 shall consist of the following portion of Troup County:
TROUP COUNTY VTD: 0003 LAGRANGE THREE (Part) Tract: 9604. Block(s): 101, 120, 122, 123 Tract: 9605. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 133, 134, 135, 136, 137, 138A, 138B, 139, 140, 141B, 142, 143, 144B, 164A, 196A, 196B, 196C, 197, 201, 202, 203A, 203B, 204, 205A, 205B, 205C, 205D, 205E, 206C, 208A, 208B, 209, 210, 211, 220B, 221, 301B, 301C, 301D, 301F, 301G, 301H, 301J, 303A, 303B, 307, 308 Tract: 9606. Block(s): 112A VTD: 0006 HOGANSVILLE VTD: 0008 ROUGH EDGE VTD: 0009 MOUNTVILLE VTD: 0010 MCLENDON (Part) Tract: 9601. Block(s): 202, 501, 502, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 563, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 589, 590, 593, 594, 595, 596, 597 Tract: 9602. Block(s): 101, 102, 105, 106, 107, 108, 112, 114, 115, 116, 123, 124, 125, 128, 141, 142, 143 VTD: 0015 HIGHLANDS (Part) Tract: 9607. Block(s): 301, 302, 303, 304, 305, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 420A, 420B, 420C, 501
Commissioner District No. 3 shall consist of the following portion of Troup County:
TROUP COUNTY VTD: 0002 LAGRANGE TWO (Part) Tract: 9609. Block(s): 513C VTD: 0005 WEST POINT

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VTD: 0007 EAST VERNON (Part) Tract: 9603. Block(s): 203, 204, 206, 207, 228A, 234, 235, 236, 301, 302, 303, 304, 305, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312A, 312B, 312C, 312D, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 Tract: 9609. Block(s): 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 427, 428, 433, 434, 518B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 701, 702, 703, 704, 705, 707, 708, 709, 710, 711, 712, 713, 715, 737, 738, 739, 740
VTD: 0010 MCLENDON (Part) Tract: 9602. Block(s): 103, 104, 109, 110, 111, 113, 117, 118, 119, 120, 121, 122, 126, 127, 129, 136, 137, 138, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 242, 243, 244, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279
VTD: 0011 LONG CANE VTD: 0012 WEST VERNON VTD: 0013 GRAY HILL
Commissioner District No. 4 shall consist of the following portion of Troup County:
TROUP COUNTY VTD: 0001 LAGRANGE ONE VTD: 0002 LAGRANGE TWO (Part) Tract: 9608. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 129, 130, 131, 132, 133, 134, 203, 204, 205, 206, 212, 213, 214, 215, 216, 217, 225, 226, 227, 228, 229, 306, 307, 308, 309, 310, 311, 312, 316, 317, 319, 320, 321, 322, 323, 401, 402, 403, 425, 426, 427, 428, 429, 430, 431, 437, 438 Tract: 9609. Block(s): 301, 302 VTD: 0003 LAGRANGE THREE (Part) Tract: 9605. Block(s): 144A, 145, 146, 147, 148, 149, 150, 151, 152, 153A, 162, 163, 206A, 206B, 207, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 222, 223, 301A, 301E, 302, 304, 305, 306, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406, 407, 408, 418, 419, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 523, 525, 526 VTD: 0007 EAST VERNON (Part) Tract: 9603. Block(s): 201A, 201B, 201C, 202A, 202B, 205A, 205B, 208A, 208B, 208C, 209, 210, 211B, 212, 213, 214B, 214C, 226B, 227A, 227B, 228B, 229, 230, 231, 232, 233 VTD: 0010 MCLENDON (Part) Tract: 9602. Block(s): 130A, 130B, 131, 132, 133, 134, 135A, 135B, 139, 140, 144, 145
Commissioner District No. 5 shall consist of the following portion of Troup County:
TROUP COUNTY VTD: 0002 LAGRANGE TWO (Part) Tract: 9604.

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Block(s): 429, 430, 431, 432, 433 Tract: 9608.
Block(s): 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 207, 208, 209, 210, 211, 218, 219, 220, 221, 222, 223, 224, 230, 301, 302, 303, 304, 305, 313, 314, 315, 318, 324, 325, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 432, 433, 434, 435, 436, 439
Tract: 9609. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202, 203A, 203B, 203C, 204, 205A, 205B, 206, 207, 208, 209, 210, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318, 319, 320, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B, 514, 524A, 525, 526A, 529A, 530A, 530B, 533A, 559, 560, 561A, 562, 563, 564A, 565, 566, 567
VTD: 0003 LAGRANGE THREE (Part) Tract: 9605. Block(s): 141A, 153B, 155, 156, 157, 158, 409, 410, 411, 412, 413, 414, 415, 416, 417, 520, 521, 522, 524, 527, 528, 529, 530, 531, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622 Tract: 9606. Block(s): 114A, 115
VTD: 0004 LAGRANGE FOUR VTD: 0007 EAST VERNON (Part)
Tract: 9609. Block(s): 203D, 421, 422, 423A, 423B, 423C, 424A, 424B, 425A, 425B, 425C, 425D, 425E, 425F, 425G, 426A, 426B, 429A, 429B, 429C, 430A, 430B, 430C, 430D, 430E, 430F, 431, 432, 513D, 515, 516, 517, 518A, 519, 524B, 524C, 526B, 527, 528, 529B, 530C, 530D, 531, 532, 533B, 561B, 564B
VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS (Part)
Tract: 9606. Block(s): 201A, 202, 203, 204, 207, 208, 213, 214A, 215A, 216, 217, 232, 233, 234, 235
Tract: 9607. Block(s): 306, 307A, 307B, 308A, 308B, 308C, 309, 315A, 315B, 316A, 316B, 316C, 317A, 317B, 317C, 317D, 318, 319, 320A, 320B, 321, 322, 332A, 332B, 337, 338, 410, 411, 412, 413, 414, 415A, 415B, 415C, 416, 417, 418, 419
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;

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(4) Any part of Troup County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Troup County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said Act is further amended by striking in its entirety Section 3 and inserting in lieu thereof the following:
"Section 3. (a) The commissioners serving on the effective date of this Act shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified. Each such commissioner shall represent the commissioner district described in this Act which corresponds in number to the former district represented by each such commissioner.
(b) The successors to the commissioners representing Commissioner Districts 2, 3, and 4 shall be elected at the general election held in November, 1992, to take office on the first day of January, 1993. The successors to the commissioners representing Commissioner Districts 1 and 5 shall be elected at the general election held in November, 1994, to take office on the first day of January, 1995. Each such commissioner and all successors shall serve a term of four years and until his successor is duly elected and qualified."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Troup County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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 120, 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, as amended, by the requisite constitutional majority the following Bill of the House:

HB 1369.

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 require additional information on certain lists of electors; to authorize certain absentee electors to make applications for absentee ballots by facsimile transmission.

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

SB 550. By Senator Scott of the 36th:
A bill to amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices on hills, so as to eliminate the prohibition against the use of radar speed detection devices on highways having a grade in excess of 7 percent.

SB 568. By Senator Garner of the 30th:
A bill to amend Code Section 40-2-69 of the Official Code of Georgia Annotated, relating to free license plates and revalidation decals for certain disabled veterans, so as to provide that a veteran who is otherwise eligible for a free license plate as a result of disability shall qualify for a free license plate if such veteran owns or jointly with his or her spouse owns the motor vehicle.

SB 579. By Senator Edge of the 28th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses to persons completing defensive driving courses or alcohol or drug programs, so as to change the provisions relating to reduction of an accumulated point count upon completion of a course; to change certain time limits.

SB 604. By Senator Broun of the 46th:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change the provisions relating to exceptions from the provisions of such chapter for certain meetings.

SB 635. By Senators Clay of the 37th, Ragan of the 32nd and Edge of the 28th:
A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to clarify the sentencing provision for a defendant convicted of a fourth or subsequent offense of shoplifting; to provide that a fourth or subsequent offense is a felony; to provide a penalty; to provide an effective date; to provide for applicability.

SB 644. By Senators Johnson of the 47th, Pollard of the 24th and Steinberg of the 42nd:
A bill to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to conduct of juvenile hearings generally, so as to provide that a victim of certain offenses committed by a child may submit a victim impact statement to the juvenile court; to provide for the contents of such victim impact statement; to provide for the use of such victim impact statement; to provide the child an opportunity to rebut the statement.

SB 646. By Senator Johnson of the 47th:
A bill to amend Code Section 40-6-390 of the Official Code of Georgia Annotated, relating to reckless driving, so as to provide that a violation of the requirement to stop when meeting or overtaking a school bus shall be reckless driving.

MONDAY, FEBRUARY 24, 1992

1377

SB 670. By Senators Robinson of the 16th and Edge of the 28th:
A bill to amend Code Section 53-12-231 of the Official Code of Georgia Annotated, relating to incorporation of fiduciary powers by reference in a will or trust agreement, so as to provide that a provision in a will or trust agreement which incorporates powers by citation and which was valid under the law in existence at the time the will was signed shall be effective despite the subsequent repeal of the statute cited; to provide a time limit.

SB 679. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Ports Authority Act," so as to change provisions relating to the membership and quorum of the authority; to provide for terms of office; to provide for other related matters; to provide an effective date.

HB 1374.

By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections and primaries, so as to provide for the comprehensive revision of provisions regarding contested primaries and elections.

HB 1380.

By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to voter registration cards, so as to authorize the Secretary of State to reimburse counties when new cards are required to be issued because of court order or reapportionment.

HB 1471.

By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public transportation, so as to prohibit the sale, making, or possession of any altered coin, note, token, transaction card, or similar article to gain entry to a public transit terminal or vehicle and to prohibit the sale or exchange of any transit token, card, or similar article without the consent of certain public transit agencies.

SB 712. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to be entitled an Act to authorize the Recorder's Court of Chatham County to contract with a private enterprise to provide probation services for certain persons.

SB 713. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, as amended, so as to provide that whenever the judges of the recorder's court require the services of an additional judge, they shall first request a senior judge to perform such services.

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HB 1351.

By Representatives Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act creating a Board of Commissioners of Hall County, as amended, so as to change the composition of the commissioner districts from which the commissioners are elected.

HB 1695.

By Representative Floyd of the 135th:
A bill to provide for the imposition, collection, and disposition of county law library fees as part of the court costs in the Magistrate Court of Crisp County.

HB 1699.

By Representative Reaves of the 147th:
A bill to amend an Act amending, revising, superseding, and consolidating the laws creating and governing the Board of Commissioners of Echols County, so as to change the compensation of members of the Board of Commissioners of Echols County.

SB 585. By Senators Tate of the 38th, Scott of the 36th, Egan of the 40th and others:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment of local housing authority commissioners, so as to provide that in counties having a population of 550,000 or more according to the United States decennial census of 1990 or any future such census, the resident commissioner shall be a voting member of the authority; to provide an effective date.

SB 627. By Senator Egan of the 40th:
A bill to amend an Act providing for volunteer legal service agencies in certain counties, as amended, so as to change certain fees; to revise certain provisions relating to applicability based on population of certain counties and based on certain United States decennial censuses; to provide for effective dates; to provide for the automatic repeal of certain provisions.

SB 682. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend an Act providing for a board of elections in certain counties and for other purposes relative thereto, as amended, so as to change the census

SB 683. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Code Section 15-12-23 of the Official Code of Georgia Annotated, relating to clerks of boards of jury commissioners and appointment of court personnel in certain counties, so as to change the census and population brackets relating to those counties in which the chief judge of the superior court shall have power to appoint a jury clerk and other personnel.

SB 684. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Code Section 21-3-10 of the Official Code of Georgia Annotated, relating to the authority for a county to conduct municipal elections, so as to change the provisions relating to population brackets and the United States decennial census in order to provide for continued applicability of certain provisions relating to the conduct of certain municipal elections and the payment of the costs related thereto.

MONDAY, FEBRUARY 24, 1992

1379

SB 689. By Senator Foster of the 50th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts, so as to repeal certain provisions applicable to counties having a population of not less than 9,380 nor more than 9,450 according to the United States decennial census of 1970 or any future such census.

HB 1310. By Representative Birdsong of the 104th:
A bill to amend an Act placing certain restrictions upon the placement and location of refuse receptacles by certain counties, so as to change the population figures describing the counties affected; to provide that such provision shall remain applicable to Twiggs County.

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

HR 645. By Representatives Lawson of the 9th, Jackson of the 9th and Orr of the 9th:
A resolution consenting to the annexation of certain state owned real property located in Hall County into the corporate limits of the City of Gainesville.

HR 652. By Representatives Mann of the 6th, Griffin of the 6th and Poag of the 3rd:
A resolution commending Mrs. Genevie Dickey and designating the Genevie Dickey Bridge.

HR 653. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Taylor of the 94th, Harris of the 96th and others:
A resolution designating the Samuel Frank Morast, Jr., Highway.

HR 713. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the J. E. "Ted" McTyre Parkway.

HR 722. By Representatives Dover of the llth and Jamieson of the llth: A resolution designating the Stribling Memorial Bridge.

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

SB 550. By Senator Scott of the 36th:
A bill to amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices on hills, so as to eliminate the prohibition against the use of radar speed detection devices on highways having a grade in excess of 7 percent.
Referred to the Committee on Public Safety.

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SB 568. By Senator Garner of the 30th:
A bill to amend Code Section 40-2-69 of the Official Code of Georgia Annotated, relating to free license plates and revalidation decals for certain disabled veterans, so as to provide that a veteran who is otherwise eligible for a free license plate as a result of disability shall qualify for a free license plate if such veteran owns or jointly with his or her spouse owns the motor vehicle.
Referred to the Committee on Defense & Veterans Affairs.

SB 579. By Senator Edge of the 28th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses to persons completing defensive driving courses or alcohol or drug programs, so as to change the provisions relating to reduction of an accumulated point count upon completion of a course; to change certain time limits.
Referred to the Committee on Motor Vehicles.

SB 585. By' Senators Tate of the 38th, Scott of the 36th, Egan of the 40th and others:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment of local housing authority commissioners, so as to provide that in counties having a population of 550,000 or more according to the United States decennial census of 1990 or any future such census, the resident commissioner shall be a voting member of the authority; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 604. By Senator Broun of the 46th:
A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change the provisions relating to exceptions from the provisions of such chapter for certain meetings.
Referred to the Committee on Judiciary.

SB 627. By Senator Egan of the 40th:
A bill to amend an Act providing for volunteer legal service agencies in certain counties, as amended, so as to change certain fees; to revise certain provisions relating to applicability based on population of certain counties and based on certain United States decennial censuses; to provide for effective dates; to provide for the automatic repeal of certain provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 635. By Senators Clay of the 37th, Ragan of the 32nd and Edge of the 28th:
A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to clarify the sentencing provision for a defendant convicted of a fourth or subsequent offense of shoplifting; to provide that a fourth or subsequent offense is a felony; to provide a penalty; to provide an effective date; to provide for applicability.
Referred to the Committee on Special Judiciary.

MONDAY, FEBRUARY 24, 1992

1381

SB 644. By Senators Johnson of the 47th, Pollard of the 24th and Steinberg of the 42nd:
A bill to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to conduct of juvenile hearings generally, so as to provide that a victim of certain offenses committed by a child may submit a victim impact statement to the juvenile court; to provide for the contents of such victim impact statement; to provide for the use of such victim impact statement; to provide the child an opportunity to rebut the statement.
Referred to the Committee on Judiciary.

SB 646. By Senator Johnson of the 47th:
A bill to amend Code Section 40-6-390 of the Official Code of Georgia Annotated, relating to reckless driving, so as to provide that a violation of the requirement to stop when meeting or overtaking a school bus shall be reckless driving.
Referred to the Committee on Motor Vehicles.

SB 670. By Senators Robinson of the 16th and Edge of the 28th:
A bill to amend Code Section 53-12-231 of the Official Code of Georgia Annotated, relating to incorporation of fiduciary powers by reference in a will or trust agreement, so as to provide that a provision in a will or trust agreement which incorporates powers by citation and which was valid under the law in existence at the time the will was signed shall be effective despite the subsequent repeal of the statute cited; to provide a time limit.
Referred to the Committee on Judiciary.

SB 679. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Ports Authority Act," so as to change provisions relating to the membership and quorum of the authority; to provide for terms of office; to provide for other related matters; to provide an effective date.
Referred to the Committee on Industry.

SB 682. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend an Act providing for a board of elections in certain counties and for other purposes relative thereto, as amended, so as to change the census and the population bracket of the counties to which the Act applies.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 683. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Code Section 15-12-23 of the Official Code of Georgia Annotated, relating to clerks of boards of jury commissioners and appointment of court personnel in certain counties, so as to change the census and population brackets relating to those counties in which the chief judge of the superior court shall have power to appoint a jury clerk and other personnel.
Referred to the Committee on Judiciary.

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SB 684. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Code Section 21-3-10 of the Official Code of Georgia Annotated, relating to the authority for a county to conduct municipal elections, so as to change the provisions relating to population brackets and the United States decennial census in order to provide for continued applicability of certain provisions relating to the conduct of certain municipal elections and the payment of the costs related thereto.
Referred to the Committee on Governmental Affairs.

SB 689. By Senator Foster of the 50th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts, so as to repeal certain provisions applicable to counties having a population of not less than 9,380 nor more than 9,450 according to the United States decennial census of 1970 or any future such census.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 712. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to be entitled an Act to authorize the Recorder's Court of Chatham County to contract with a private enterprise to provide probation services for certain persons.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 713. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, as amended, so as to provide that whenever the judges of the recorder's court require the services of an additional judge, they shall first request a senior judge to perform such services.
Referred to the Committee on State Planning & Community Affairs - Local.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 1194.

By Representatives Reaves of the 147th, Golden of the 148th, Selman of the 32nd, Royal of the 144th, Godbee of the 110th and others:
A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards and labeling of milk and milk products, so as to provide that the Commissioner of Agriculture may assess and collect fees for the purpose of defraying the expenses of licensing grade A plants, grade A producers-distributors, receiving stations, dairy manufacturing plants, milk handlers purchasing raw milk, or other things pertaining thereto.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards and labeling of milk and milk products, so as to provide

MONDAY, FEBRUARY 24, 1992

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that the Commissioner of Agriculture may assess and collect fees for the purpose of defraying the expenses of licensing grade A plants, grade A producers-distributors, receiving stations, dairy manufacturing plants, milk handlers purchasing raw milk, and retail frozen dessert packagers and the inspection of plants, products, or other things pertaining thereto; to provide an exception; 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 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards and labeling of milk and milk products, is amended by adding a new Code Section 26-2-234.1 to read as follows:
"26-2-234.1. For the purpose of defraying the expenses of the licensing of grade A plants, grade A producers-distributors, receiving stations, dairy manufacturing plants, milk handlers purchasing raw milk, and retail frozen dessert packagers and the inspection of plants, products, or other things pertaining thereto, the Commissioner may assess and collect costs thereof; provided, however, that no license issued to retail frozen dessert packagers shall exceed $100.00 per license."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Reaves of the 147th, was read and adopted:

A BILL
To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change the definition of "dairy manufacturing plants" as used in Article 7 of said chapter, known as the "Georgia Dairy Act of 1980"; to change the provisions relating to rules and regulations of the Department of Human Resources and county boards of health to carry out Article 13 of said chapter, relating to food service establishments; 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 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by striking paragraph (3) of subsection (a) of Code Section 26-2-231, relating to definitions of terms used in the "Georgia Dairy Act of 1980," and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Dairy manufacturing plants' means creameries, condenseries, public dairies, butter factories, cheese factories, ice cream factories, and other like factories, and any other concerns that manufacture dairy products for sale at either retail or wholesale; provided, however, that the term dairy manufacturing plant shall not include a retail frozen dessert packager which is otherwise permitted as a food service establishment pursuant to Article 13 of this chapter."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 26-2-373, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health to carry out the provisions of Article 13 of said chapter, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) For the purpose of protecting the public health, the Department of Human Resources shall have the power to adopt and promulgate such rules and regulations as it deems necessary and proper to carry out the purpose and intent of this article, including the establishment of reasonable standards of sanitation for food service establishments and such establishments which are also retail frozen dessert packagers and the examination and condemnation of unwholesome food therein. County boards of health are authorized to adopt and promulgate supplementary rules and regulations, including

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the establishment of reasonable standards of sanitation for food service establishments, consistent with those adopted and promulgated by the department. The department and the county boards of health may obtain technical and laboratory assistance from the Department of Agriculture."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barf'oot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y' Brown Y Brush Y Buck
Y Buckner Y Byrd Y Campbell
Canty Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colweli Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G
Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards Y Elliott Y Felton
Y Fennel Y FIoyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden
Goodwin E Green Y Greene
Griffin Y Groover
Y Hamilton Y Hammond
Hanner Y Harris.B Y HarrisJ

Y Heard Y Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
Y Lee YLong
Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C
Y Meadows Y Merritt
Y Milam

Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves Y Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith, W
Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley
Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus
Tolbert Townsend Y Turnquest Y Twiggs Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall
Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams.J Y Williams.R 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.

Representatives Mills of the 20th and Davis of the 45th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HB 1254.

By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney.

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1385

The following Senate substitute was read:

A BILL
To amend an Act providing for a board of commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide for exceptions; to provide that the board shall be authorized to retain a county attorney; to provide that preference shall be given to those attorneys who are residents of Twiggs County; to provide for the compensation and duty of such county attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for a board of commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, is amended by adding, following Section 5, a new Section 5.1 to read as follows:
"Section 5.1. The board of county commissioners shall not meet or conduct any official business on Sunday unless such Sunday meeting is deemed necessary by a majority of the members of the board and unless prior notice of such meeting is given as provided by law."
Section 2. Said Act is further amended by striking Section 13 of said Act which reads as follows:
"Sec. 13. Be it further enacted by the authority aforesaid, That said board of county commissioners is hereby authorized and empowered to retain and employ a competent attorney at law, and said board is authorized to pay such attorney a retainer fee not to exceed one hundred and fifty dollars per annum, to be paid quarterly out of the county funds of Twiggs County, and such attorney shall receive such other compensation as may be agreed upon by him and said board. It shall be the duty of said county attorney to represent the county in all legal matters in which said county may be interested; and he shall be the legal adviser of said board and shall attend the meetings of said board when requested.", and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. The board of county commissioners is authorized to retain and employ a competent attorney at law as a county attorney and pay such attorney a retainer fee not to exceed $150.00 per annum, to be paid quarterly out of the county funds of Twiggs County. In retaining such county attorney, preference shall be given to those attorneys who are residents of Twiggs County; however, the board of commissioners may retain an attorney who is not a resident of Twiggs County. Such attorney shall receive such other compensation as may be agreed upon by such attorney and the board of commissioners. It shall be the duty of the county attorney to represent the county in all legal matters in which the county may be interested and said attorney shall be the legal adviser of the board of commissioners and shall attend the meetings of the board of commissioners when requested to do so by the board of commissioners."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Birdsong of the 104th moved that the House disagree to the Senate substitute to HB 1254.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

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HB 1106.

By Representatives Lane of the 27th, Benefield of the 72nd, Barnett of the 10th, Smith of the 78th and Skipper of the 116th:
A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the ownership, operation, and maintenance by political subdivisions of airports in existence on July 1, 1992, either inside or outside the geographical boundaries of such political subdivision.

The Committee substitute was withdrawn.

The following substitute, offered by Representative Lane of the 27th, was read:

A BILL
To amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to enact the "Georgia Airport Development Authority Law"; to provide for a short title; to provide for legislative purpose; to provide for definitions; to provide for creation of the authority; to provide for appointment and compensation of members and employees of the authority; to provide for a quorum; to provide for filling of vacancies; to provide for legal services; to provide books and records; to provide for powers of the authority; to provide for the issuance of revenue bonds; to provide for validation of such bonds; to provide for disposition of the proceeds of such bonds; to provide for issuance of bond anticipation notes or other obligations; to provide for the form and signing of such bonds; to provide that the development of air transportation projects is a public purpose; to provide for construction; to provide that the authority may not obligate the credit of the state or any political subdivision; to provide that creation of the authority and performance of its purposes is a governmental function; to provide for exemption from state taxes for all property of the authority; to provide for exemption from state taxes for all bondholders; to provide for the police powers of the authority; to provide for effect on other laws; to provide for venue and jurisdiction; 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 6 of the Official Code of Georgia Annotated, relating to aviation, is amended by adding a new Chapter 4 to read as follows:
"CHAPTER 4
6-4-1. This chapter shall be known and may be cited as the 'Georgia Airport Development Authority Law.'
6-4-2. There is created the Georgia Airport Development Authority for the purposes of review and recommendation to the General Assembly of requests for extraterritorial condemnation for new airports and for the location, construction, financing, operation, and development of air transportation projects by the authority within and outside the State of Georgia.
6-4-3. As used in this chapter, the term: (1) 'Authority' means the Georgia Airport Development Authority. (2) 'Cost of the project' or 'cost of any project' means and shall include: all costs
of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; the cost of all lands, properties, rights, easements, fees, franchises, permits, approvals, licenses, and certifications acquired; the cost of all machinery and equipment necessary for the operation of the project; financing charges; interest prior to and during construction and for such period of time after completion of construction as shall be deemed necessary to allow the earnings of the project to become sufficient to meet the requirements of the bond issue; the cost of engineering, legal expenses, plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and

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1387

such other expenses as may be necessary or incident to the financing authorized in this chapter; the construction of any project, and the placing of same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued for such project under this chapter.
(3) 'Governing body' means the elected or duly appointed officials constituting the governing authority of the State of Georgia.
(4) 'Project' means the acquisition, construction, installation, operation, lease, renovation, or rehabilitation of any new airports in the state that are planned to accommodate aircraft operating under 14 C.F.R. Part 121 or any appurtenance thereto. A project may also include any fixtures, machinery, or equipment used on or in connection with any airport.
(5) 'Revenue bonds' and 'bonds' means any bonds of the authority which are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds but not including notes or other obligations of an authority.
(6) 'Self-liquidating' means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of
projects, together with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the author-
ity from appropriations of the General Assembly, other state agencies or authorities, the United States government, or any county or municipality shall be sufficient to provide for the maintenance, repair, and operation and to pay the principal and inter-
est of revenue bonds which may be issued for the cost of such project, projects, or combination of projects.
(7) 'Service area' means the geographical area of operations of the authority and shall consist of the State of Georgia and, with the consent of the appropriate govern-
ing authorities thereof, nearby states. 6-4-4. The Georgia Airport Development Authority shall continue to be a body corporate and politic and an instrumentality and public corporation of the state known as
the 'Georgia Airport Development Authority.' It shall have perpetual existence. In said name it may contract and be contracted with, sue and be sued, implead and be
impleaded, and complain and defend in all courts of this state, subject to the limitations of Code Section 6-4-15.
6-4-5. (a) The authority shall consist of eight members as follows:
(1) Five members to be appointed by the Governor, at least three of whom shall have expertise in the field of aviation; and
(2) One member to be appointed by the Speaker of the House of Representatives, who shall not be a member of the General Assembly;
(3) One members to be appointed by the President of the Senate, who shall not
be a member of the General Assembly; (4) The commissioner of transportation, who shall serve as chairman.
Two members appointed by the Governor and the members appointed by the Speaker of the House of Representatives and the President of the Senate shall serve for initial terms of two years and until their successors are appointed and qualified. The remaining
members appointed by the Governor shall serve for initial terms of four years and until their successors are appointed and qualified. Any vacancy among the members so
appointed, whether caused by expiration of term, death, resignation, or otherwise, shall be filled in the same manner as the membership position so vacated was last regularly filled. When the vacancy occurs other than by expiration of term, it shall be filled for
the unexpired term and until a successor is appointed and qualified. (b) The authority shall elect a secretary and a treasurer, who need not necessarily
be members of the authority. A majority of the members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform
any action permitted to the authority by this chapter. The chairman shall vote only in the event of a tie.
(c) No vacancy on the authority shall impair the right of the quorum to transact any and all business as stated in this Code section. If any member of the authority has any

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pecuniary interest in a project, the fact of such interest shall be disclosed by such member and recorded in the minutes of the authority. The member shall abstain from urging the approval of or voting on any project in which the member has a pecuniary interest.
(d) The members of the authority shall receive no compensation for their services but all members shall be entitled to the expense allowance and travel cost reimbursement provided for members of certain boards and commissions pursuant to Code Section 45-7-21 while in the performance of their duties. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority.
(e) The Attorney General shall provide legal services for the authority. In connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
6-4-6. (a) The members of the authority shall be accountable in all respects as trustees.
(b) The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of such books, together with a proper statement of the authority's financial position, on or about December 31 of each year, to the state auditor.
6-4-7. The authority shall have all of the powers necessary, proper, or convenient to carry out and effectuate the purposes and provisions of this chapter. The powers enumerated in this Code section are cumulative of and in addition to each other and other powers granted elsewhere in this chapter and no such power limits or restricts any other power of the authority. Without limiting the generality of the foregoing, the powers of the authority shall include the powers:
(1) To bring and defend actions;
(2) To adopt and amend a corporate seal;
(3) To review and comment on applications or pre-applications for federal or state funding for future airport planning or development submitted by any airport sponsor for airport operating certificates pursuant to 14 C.F.R. Part 139. The power of the authority to review and comment on applications under this paragraph shall not be deemed to be or construed as power to veto such applications;
(4) In an advisory capacity only, to review any proposed condemnation by any county, municipality, or other political subdivision of property located outside the geographical limits of such county, municipality, or political subdivision for the purpose of construction of an airport facility to be certificated under 14 C.F.R. Part 139 where approval for such acquisition of property by condemnation has previously been denied by the governing body of the affected local government where the property is located. If the affected local government where the property is located, within 60 days of a request for approval to condemn, has approved the condemnation of such property, no further review of the authority shall be necessary, provided that failure of the affected local government to deny a sponsor's request for approval to condemn within 60 days of such request shall be conclusively presumed to be an approval. Upon denial by the affected local government of a request to approve or condemn, the sponsoring county, municipality, or other political subdivision may apply to the Georgia Airport Development Authority for review. The authority shall review and make a recommendation to the General Assembly whether the request to condemn should be approved or denied within 45 days of application by the sponsor. Failure of the authority to make any recommendation to the General Assembly regarding such a request to condemn property within the 45 day review period shall be deemed to constitute a recommendation by the authority for approval of such condemnation.
(A) The authority shall file a written notice with the General Assembly of its decision to recommend approval or denial within five days of its decision. Recommendations of the authority shall be considered during the legislative session in which they are made or if the General Assembly is not in session at the time of any recommendation, during the next legislative session. Failure of the General Assembly to approve or disapprove any recommendation for approval of a request for extraterritorial condemnation during the applicable legislative session shall be deemed approval of such request. In reviewing any request for approval to condemn

MONDAY, FEBRUARY 24, 1992

1389

for the purpose of expanding an existing airport facility, the authority and the General Assembly shall take into account whether such expansion may reasonably be expected to increase the capacity, employment opportunities, or operating efficiency at such airport facility.
(B) Approval by the General Assembly of a request for extraterritorial condemnation shall authorize the county, municipality, or other political subdivision to condemn such property, notwithstanding any restriction on such condemnation contained in any other provision of law. Denial by the General Assembly of approval to condemn shall not preclude a subsequent submission to the affected county or municipality where the property is located;
(5) To make and execute contracts, agreements, and other instruments necessary, proper, or convenient to exercise the powers of the authority and to further the public purpose for which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, operation of projects, sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects, including negotiated contracts with air carriers for the use of projects;
(6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage
projects, as defined in Code Section 6-4-3, to be located on property owned or leased by the authority; the cost of any such project shall be paid from its income, from any grant from the United States government or any agency or instrumentality thereof, or from any grant from this state;
(7) To acquire by purchase, lease, condemnation, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character or any interest therein in furtherance of its corporate purposes;
(8) To acquire in its own name by purchase, on such terms and conditions and in
such manner as it may deem proper or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corpo-
rate purposes; and to use the same so long as its corporate existence shall continue
and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the authority, the authority being
under no obligation to accept and pay for any property condemned under this chapter except from the funds provided under the authority of this chapter; and, in any pro-
ceedings to condemn, such order may be made by the court having jurisdiction of the action or proceedings as may be just to the authority and to the owners of the prop-
erty to be condemned; and no property shall be acquired under this chapter upon which any lien or other encumbrance exists unless at the time such property is so
acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full;
(9) To adopt regulations and fix, alter, charge, negotiate, and collect fares, rates,
fees, tolls, and other charges for the use of such projects; fix penalties for the violation of said regulations; and establish liens to enforce payment of said charges, fees, and
tolls, subject to existing contracts; to make such contracts, leases, or conveyances as the legitimate and necessary purposes of this chapter shall require, including, but not limited to, contracts with private parties for the operation or lease or assignment to
private parties for operation, space, area, improvements, and equipment on such projects, provided in each case that in so doing the public is not deprived of its rightful, equal, and uniform use thereof;
(10) To finance, by loan, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain,
extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contribu-
tions or loans by persons, corporations, partnerships, limited or general, or other entities, all of which the authority is empowered to receive, accept, and use;
(11) To borrow money to further or to carry out its public purpose and to execute
revenue bonds, notes, other obligations, leases, trust indentures, trust agreements,

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agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing;
(12) To accept loans and grants, either or both, of money, materials, or property of any kind from the United States government or the State of Georgia or any political subdivision, authority, agency, or instrumentality of either of them, upon such terms and conditions as the United States government or the State of Georgia or such political subdivision, authority, agency, or instrumentality of either of them shall impose;
(13) To hold, use, administer, and expend such sum or sums as may hereafter be received as income or gifts or as may be appropriated by authority of the General Assembly for any of the purposes of the authority;
(14) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying or loaning the proceeds thereof to pay all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purpose;
(15) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source;
(16) To enter into agreements with the federal government or any agency or corporation thereof to use the facilities of the federal government or agency or corporation thereof in order to further or carry out the public purposes of the authority;
(17) To extend credit or make loans to any person, corporation, partnership, limited or general, or other entity for the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or other instruments or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guarantee of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable;
(18) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, and revenues or other funds; and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable in the judgment of the authority to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The State of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right the state or such county, municipal corporation, political subdivision, or taxing jurisdiction may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and terms thereof;

MONDAY, FEBRUARY 24, 1992

1391

(19) To receive and use the proceeds of any tax levied by the State of Georgia or any county or municipality thereof to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter;
(20) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;
(21) To use any real property, personal property, or fixtures or any interest therein; to rent or lease such property to or from others or make contracts with respect to the use thereof; or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the authority and the public purpose thereof;
(22) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority;
(23) To appoint, select, and employ officers, agents, and employees, including engineers, surveyors, architects, urban or city planners, construction experts, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;
(24) To make, contract for, or otherwise cause to be made long-range plans or proposals for future projects authorized in Code Section 6-4-2 within the service area, in cooperation with those political subdivisions within which such projects are located;
(25) By or through its authorized agents or employees, to enter upon any lands, waters, and premises in the state for the purpose of making surveys, soundings, drillings, and examinations as the authority may deem necessary or convenient for the purposes of this chapter; and such entry shall not be deemed a trespass. The authority shall, however, make reimbursement for any actual damages resulting from such activities;
(26) To make reasonable regulations for installation, construction, maintenance, repairs, renewal, and relocation of pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances of any public utility in, on, along, over, or under any project;
(27) To exercise any power granted by laws of the State of Georgia to public or private corporations which is not in conflict with the Constitution and laws of Georgia; and
(28) To do all things necessary, proper, or convenient to carry out the powers conferred by this chapter, including the adoption of rules and regulations.
6-4-8. Revenue bonds, notes, or other obligations issued by an authority shall be paid solely from the property, including, but not limited to, real property, fixtures, personal property, revenues, or other funds pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority, adopted by a majority vote of the members of the authority at a regular or special meeting. Such revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates, which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the members of the authority then in office and their successors. The authority shall have the power from time to time and whenever it deems refunding expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded with such cash adjustments as may be agreed upon or may be sold and the

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proceeds applied to the purchase or redemption of the bonds to be refunded. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in the usury laws of the State of Georgia, or any other laws of the State of Georgia, shall not apply to revenue bonds, notes, or other obligations of the authority.
6-4-9. (a) Subject to the limitations and procedures provided by this Code section, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority.
(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, all or part of the cost of any project or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with the provisions of this chapter.
(c) Issuance by the authority of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds, notes, or other obligations shall be issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
(d) The authority shall have the power and is authorized, whenever bonds of the authority shall have been validated as provided in this chapter, to issue from time to time its notes in anticipation 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 such bond anticipation notes only to provide funds which otherwise would be provided by the issuance of the bonds as validated. Such 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 resolution or resolutions authorizing bonds of the authority or any issue thereof and which the authority is authorized to include in any bonds. Validations of such bonds shall be a condition precedent to the issuance of such 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.
(e) All bonds issued by the authority under this chapter shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' as heretofore and hereafter amended, except as provided in this chapter, provided that notes and other obligations of the authority may be, but shall not be required to be, so validated.
(f) The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. The bonds may be issued in coupon or registered form or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
(g) All bonds shall be signed by the chairman of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such person as at the actual time of the execution of such bonds shall be duly authorized to hold the proper office although at the date of such bonds such person may not have

MONDAY, FEBRUARY 24, 1992

1393

been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery.
(h) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or that, 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 which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing contained in this subsection 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 rates specified in such notices and in the petition and complaint.
(i) The authority may also provide for the replacement of any bond which becomes mutilated or which is destroyed or lost.
(j) The issuance of any bond, revenue bond, note, or other obligation or the incurring of any debt by the authority must, prior to such occurrence, be approved by the Georgia State Financing and Investment Commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
6-4-10. The implementation of new air transportation projects that are planned to accommodate 14 C.F.R. Part 139 aircraft operations within the State of Georgia develops and promotes for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and promotes the general welfare of the state by creating a favorable climate for the location of new industry, trade, and commerce and the development of existing industry, trade, and commerce within the State of Georgia. It is therefore in the public interest and is vital to the public welfare of the people of Georgia and it is declared to be the public purpose of this chapter to so develop air transportation projects within this state. No bonds, notes, or other obligations, except refunding bonds, shall be issued by the authority pursuant to this chapter unless its membership adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives.
6-4-11. The provisions of this chapter shall be liberally construed to effect its stated purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the laws of the State of Georgia regulating the sale of securities, as heretofore and hereafter amended. No notice, proceeding, or publication except those required by this chapter shall be necessary to the performance of any act authorized by this chapter nor shall any such act be subject to referendum.
6-4-12. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipal corporation, or political subdivision. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or political subdivision thereof nor to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section.
6-4-13. It is found, determined, and declared that the creation of the Georgia Airport Development Authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the

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power conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it nor upon any fees, rentals, or other charges for the use of such facilities or other income received by the authority. The state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts on 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 on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.
6-4-14. The authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all restrictions upon its properties and facilities, to the extent that such is lawful under the laws of the United States and this state; however, the authority may delegate the exercise of this function for a time or permanently to the state or to the county in which its projects are located.
6-4-15. This chapter shall not affect any other authority now or hereafter existing under general or local constitutional amendment or general or local law.
6-4-16. Any action to protect or enforce any rights under this chapter and any action pertaining to validation of any bonds issued under this chapter brought in the courts of this state shall be brought in the Superior Court of Fulton County, which shall have exclusive jurisdiction of such actions."
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 Skipper of the 116th moves to amend the Floor substitute to HB 1106 as follows:
On page 3, line 21 to delete the words "Part 121" and insert in lieu thereof the words "Part 139".

The following amendment was read and lost:

Representative Orr of the 9th moves to amend the Floor substitute to HB 1106 as follows:
1. By striking the word "condemnation" on page 7, line 15, and substituting in lieu thereof the word "acquisition".
2. By striking the words "by condemnation" on page 7, line 22.
3. By striking the words "condemn" and "condemnation" on page 7, line 27, and substituting in lieu thereof the words "acquire" and "acquisition" respectively, and by substituting elsewhere in said bill the words "acquire" or "acquisition" in lieu of the words "condemn" and "condemnation", as necessary to context.

The following amendment was read and adopted:

MONDAY, FEBRUARY 24, 1992

1395

Representative Jenkins of the 80th moves to amend the Floor substitute to HB 1106 as follows:
Strike on line 26, page 7, the number "60" and insert in lieu thereof the number "90".

The following amendment was read and adopted:

Representative Dobbs of the 74th moves to amend the Floor substitute to HB 1106 as follows:
By striking on line 26, page 8 the word "approval" and inserting the word "disapproval".

The following amendment was read and adopted:
Representative Dobbs of the 74th moves to amend the Floor substitute to HB 1106 as follows:
On page 8, line 12 strike the word "approval" and insert the word "disapproval".

The following amendment was read and adopted:

Representative Groover of the 99th, et al. move to amend the Floor substitute to HB 1106 as follows:
By adding a new Section to read as follows:
"Section 1A. The provisions of O.C.G.A. 6-3-22.1 in effect Feb. 1, 1992 shall apply to any municipality, county or other political subdivisions seeking to acquire property by condemnation for airports certificated or to be certificated under 14 CFR part 139 and in the absence of the approval thereby required the provisions of O.C.G.A. 6-4-7 shall be followed."

The following amendment was read:

Representative Holmes of the 28th moves to amend HB 1106 by striking the language beginning with line 1 on p. 1 through line 11 on p. 24 and substituting the following:
To amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports by municipalities, counties, and other political subdivisions, so as to prohibit extraterritorial condemnation of property for an airport by a municipality, county, or other political subdivision without the consent of the governing authority of the municipality or county wherein the property is located; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports by municipalities, counties, and other political subdivisions, is amended by striking Code Section 6-3-22,
relating to methods of acquisition of property for airports and landing fields, in its entirety and inserting in lieu thereof a new Code Section 6-3-22 to read as follows:
"6-3-22. Private property needed by a county, municipality, or other political subdivision for an airport or landing field or for the expansion of an airport or landing field
may be acquired by grant, purchase, lease, or other means, if such county, municipality, or other political subdivision is able to agree with the owners of the property on the terms of such acquisition, and otherwise by condemnation in the manner provided by

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the law under which the county, municipality, or other political subdivision is authorized to acquire real property for public purposes; provided, however, that the power of condemnation may be exercised extraterritorially only with the consent of the governing authority of the county, municipality, or other political subdivision wherein the property is located, as expressed in a resolution adopted by such governing authority."

Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy N Adams N Aiken
Alford Y Ashe N Atkins Y Baker Y Balkcom N Barfoot N Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty N Benefield N Birdsong
Blitch N Bordeaux N Bostick N Branch Y Breedlove Y Brooks Y Brown N Brush
NBuck Y Buckner NByrd N Campbell Y Canty N Carrell N Carter N Cauthorn Y Chafin N Chambless N Cheeks N Childers

N Clark.E N Clark.L N Coker
N Coleman Y Colwell
Y Connell N Culbreth N Cummings.B
Cummings.M Y Davis.D
Y Davis.G N Davis.M
Y Dixon.H N Dixon.S
N Dobbs N Dover Y Dunn
N Edwards N Elliott
Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden N Goodwin E Green
N Greene N Griffin
N Groover N Hamilton N Hammond N Manner N Harris.B N Harris.J

N Heard Y Henson N Herbert N Holland
Y Holmes N Howard N Hudson N Irwin N Jackson N Jamieson Y Jenkins N Jones N Kilgore YKing N Kingston Y Klein
YLadd N Lane.D N Lane.R Y Langford
N Lawrence N Lawson
YLee N Long
Lord N Lucas N Mann Y Martin N McBee N McCoy N McKelvey
Y McKinney.B Y McKinney.C Y Meadows N Merritt N Milam

N Mills
N Mobley N Moody N Morsberger N Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry N Pettit N Pinholster N Pinkston YPoag N Porter N Poston N Powell.A N Powell.C N Presley
N Purcell Y Randall
NRay N Reaves Y Redding N Ricketson N Royal N Selman N Sherrill N Simpson Y Sinkfield

N Skipper N Smith.L N Smith.P N Smith.T
N Smith.W N Smyre N Snow Y Stancil.F N Stancil.S
Stanley
N Streat N Taylor N Teper N Thomas.C Y Thomas.M Y Thomas.N
Thurmond N Titus N Tolbert
Y Townsend Turnquest
N Twiggs Y Valenti
N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts Y White N Wilder N Williams.B Y Williams.J N Williams.R N Yeargin
Murphy ,Spkr

On the adoption of the amendment, the ayes were 45, nays 124. The amendment was lost.

The following amendment was read:

Representative Smyre of the 92nd moves to amend the Floor substitute to HB 1106 as follows:
Reference Page 2, Chapter 4, 6-4-2. Delete lines 8 through 15 in their entirety and substitute the following:
"There is created the Georgia Airport Development Authority for the purposes of performing the necessary analysis and planning activities to determine need, function and location of airport facilities, and to identify specific sites meeting all applicable local, state and federal requirements; and to provide for review and recommendation, construction, financing, acquisition of property, operation and development of any new airports that are planned to accommodate aircraft operating under the provisions of the Code of Federal Regulations

MONDAY, FEBRUARY 24, 1992

1397

pertaining to scheduled airlines, charter carriers, cargo carriers, and other operations as may be deemed necessary and appropriate within and outside the State of Georgia."

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

Y Abernathy N Adams N Aiken
Alford Y Ashe N Atkins Y Baker N Balkcom N Barfoot
N Bargeron N Barnett.B N Barnett.M N Bates N Beatty Y Beneiield Y Birdsong N Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks Y Brown Y Brush Y Buck N Buckner YByrd N Campbell Y Canty N Carrell Y Carter N Cauthorn Y Chafin
Chambless Y Cheeks N Childers

N Clark.E N Clark.L N Coker
Coleman
Y Colwell Y Connell Y Culbreth N Cummings.B
Y Cummings,M Y Davis.D Y Davis.G
N Davis,M N Dixon.H N Dixon.S N Dobbs N Dover Y Dunn Y Edwards N Elliott
N Felton Y Fennel Y Floyd.J.M N Floyd.J.W N Flynt N Godbee
N Golden N Goodwin E Green Y Greene Y Griffin Y Groover N Hamilton N Hammond
N Manner N Harris.B Y Harris.J

Y Heard Y Henson N Herbert N Holland Y Holmes Y Howard
N Hudson Y Irwin
N Jackson N Jamieson N Jenkins Y Jones N Kilgore Y King Y Kingston N Klein YLadd
N Lane.D N Lane.R Y Langford Y Lawrence N Lawson YLee N Long
Lord Y Lucas NMann Y Martin N McBee Y McCoy N McKelvey Y McKinney.B Y McKinney,C Y Meadows Y Merritt N Milam

N Mills N Mobley N Moody
N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M N Orr Y Orrock
N Padgett Y Parham Y Parrish N Patten
Pelote N Perry Y Pettit N Pinholster Y Pinkston YPoag Y Porter N Poston
N Powell.A N Powell.C N Presley Y Purcell
Y Randall N Ray N Reaves Y Redding N Ricketson N Royal N Selman N Sherrill
N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 77, nays 92. The amendment was lost.

N Skipper N Smith.L N Smith.P
Smith.T
N Smith, W Y Smyre Y Snow Y Stancil.F N Stancil.S
Stanley Y Streat
Y Taylor N Teper N Thomas.C Y Thomas,M Y Thomas.N
Thurmond N Titus N Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti N Vaughan N Walker.J Y Walker.L N Wall N Watson Y Watts Y White N Wilder
N Williams.B Y Williams.J
N Williams.R N Yeargin
Murphy.Spkr

The following amendment was read and adopted:

Representative Smyre of the 92nd moves to amend the Floor substitute to HB 1106 as follows:
Reference Page 4, Chapter 4, 6-4-5, line 34. Delete the phrase "expertise in the field of aviation" and substitute the following: "experience in aviation matters".

The following amendment was read and lost:

Representative Abernathy of the 39th moves to amend the Floor substitute to HB 1106 as follows:
Striking lines 5-34 on pg. 7, lines 1-34 on pg. 8, lines 1-11 on pg. 9.

The following amendment was read and adopted:

Representative Orr of the 9th moves to amend the Floor substitute to HB 1106 as follows:

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JOURNAL OF THE HOUSE,

1. By striking the words "on approval" on page 7, line 32 and substituting in lieu thereof the words "a denial".

The following amendment was read and lost:

Representative Holmes of the 28th moves to amend the Floor substitute to HB 1106 as follows:
Delete on p. 2 language beginning on line 1 through line 6 on p. 24 and renumber sections accordingly.

The following amendment was read and withdrawn:

Representative Jackson of the 9th moves to amend the Floor substitute to HB 1106 as follows:
By deleting on page 8 on line 22 after the word session starting with the word failure through the word request on line 27.

The following amendment was read and adopted:

Representative Lane of the 27th moves to amend the Floor substitute to HB 1106 by striking line 16 of page 3 which reads as follows:
"authority of the State of Georgia.",
and inserting in lieu thereof the following:
"authority of any county or municipality of the State of Georgia.".

The following amendment was read and adopted:

Representative Lane of the 27th moves to amend the Floor substitute to HB 1106 as follows:
Page 5, line 1 change "members" to "member".

The following amendment was read and adopted:

Representative Lane of the 27th moves to amend the Floor substitute to HB 1106 as follows:
Page 4, line 18 delete the words "continue to".

The following amendment was read and adopted:

Representative Lane of the 27th moves to amend the Floor substitute to HB 1106 as follows:
Page 9, line 33 at the beginning of the sentence, insert the words "In connection with any project," and on page 10, line 4 at the beginning of the sentence, insert the words "In connection with any project,".

Representative Smyre of the 92nd moved that the House reconsider its action in failing to adopt the Smyre amendment.

MONDAY, FEBRUARY 24, 1992

1399

The motion prevailed.
The Smyre amendment was adopted.
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of :.!ie 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 Abernathy
Y Adams Y Aiken
Alford N Ashe Y Atkins N Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch N Breedlove N Brooks N Brown Y Brush
YBuck Y Buckner
YByrd Y Campbell N Canty Y Carrell Y Carter Y Cauthorn
Y Chafin Y Chambless N Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker N Coleman
N Colwell Y Connell Y Culbreth Y Cummings,B N Cummings,M N Davis.D N Davis.G Y Davis.M N Dixon.H
N Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee
Golden Y Goodwin E Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond N Hanner Y Harris.B
Y Harris.J

N Heard N Henson Y Herbert Y Holland N Holmes N Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein NLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Long
Lord
Y Lucas YMann
N Martin Y McBee
Y McCoy Y McKelvey N McKinney.B N McKinney.C N Meadows
Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C N Oliver.M
YOrr N Orrock
Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston N Poag Y Porter Y Poston Y Powell,A Y Powell.C
N Presley Y Purcell N Randall
Y Ray Y Reaves
N Redding Y Ricketson Y Royal
Y Selman Y Sherrill N Simpson N Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Y Smyre Y Snow Y Stancil.F
Y Stancil.S Stanley
Y Streat Y Taylor Y Teper N Thomas.C N Thomas.M N Thomas.N
Thurmond Y Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan
Y Walker.J Y Walker.L
Y Wall Y Watson Y Watts N White
N Wilder Y Williams.B N Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 43.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative McKinney of the 35th moved that the House reconsider its action in giving the requisite constitutional majority to HB 1106.
The motion prevailed.

Representative Canty of the 38th arose to a point of personal privilege and addressed the House.

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

Mr. Speaker:

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JOURNAL OF THE HOUSE,

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

HB 1254.

By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney.

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 1254.

By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney.

Representative Birdsong of the 104th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1254 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 Birdsong of the 104th, Adams of the 79th and Walker of the 113th.

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

HR 925. By Representatives Lee of the 72nd, Buck of the 95th, Alford of the 57th, McCoy of the 1st, Heard of the 43rd and others:
A resolution welcome Bill Lewis as the new head football coach at Georgia Tech and inviting him to appear before the House of Representatives.

The Speaker announced the House in recess until 2:20 o'clock, P.M., this afternoon.

MONDAY, FEBRUARY 24, 1992

1401

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and adopted:
HR 940. By Representative Hamilton of the 124th: A resolution commending the State School Superintendent, the State Board of Education, all local school superintendents, and local boards of education.
HR 941. By Representative Floyd of the 135th: A resolution recognizing the Slosheye Trail Big Pig Jig as the state's greatest barbecue cooking contest.
HR 942. By Representative Carrell of the 65th: A resolution commending Mr. John T. Briscoe, Jr.
HR 943. By Representatives Parrish of the 109th, Coleman of the 118th and Barfoot of the 120th: A resolution commending and recognizing Dr. Timothy Jake Palmer.
HR 944. By Representatives Byrd of the 153rd, Irwin of the 57th, Greene of the 130th and Holland of the 136th: A resolution recognizing and commending the students selected as officials of the Georgia Youth Assembly.
HR 945. By Representatives Poston of the 2nd, McBee of the 68th, Thurmond of the 67th and Teper of the 46th: A resolution commending Bill Berry, Peter Buck, Mike Mills, and Michael Stipe.
HR 952. By Representative Lord of the 107th: A resolution commending Honorable Mary Hardwick Rawlings.
HR 953. By Representative Hamilton of the 124th: A resolution commending the Association County Commissioners of Georgia.
HR 954. By Representatives Valenti of the 52nd and Thomas of the 55th: A resolution expressing compassion and condolences for persons with HIV infection and their families, friends, and caregivers.
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:

1402

JOURNAL OF THE HOUSE,

HB 1342.

By Representatives Parham of the 105th, Parrish of the 109th, Twiggs of the 4th, Atkins of the 21st and Chafin of the 72nd:
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 ayes were 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HR 831. By Representatives Oliver of the 121st, Floyd of the 154th, Byrd of the 153rd and Colwell of the 4th:
A resolution authorizing the granting of a nonexclusive easement over certain state owned real property located in Tattnall County, Georgia, and the acceptance of an easement over real property located in Tattnall 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 98, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 845. By Representatives Bargeron of the 108th and Godbee of the 110th:
A resolution commending Grady Mallard and designating the Grady Mallard Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, \v:,s agreed to.
On the adoption of the Resolution, the ayes were 97, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 378. By Senator Ramsey of the 54th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a historical marker in, on, over, under, upon, across, or through property owned by the State of Georgia in Whitfield 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 97, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1460.

By Representatives Watts of the 41st, Buck of the 95th, Dover of the llth and Colwell of the 4th:
A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide for the ad valorem taxation of heavy-duty equipment used for construction purposes.

MONDAY, FEBRUARY 24, 1992

1403

The following Committee substitute was read and adopted:

A BILL
To amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide that certain heavy-duty equipment used for construction purposes which is owned by a nonresident and operated in this state after January 1 of any year and which was brought into Georgia from a state which subjects to taxation heavy-duty equipment owned by residents of this state and taken into such other state after the initial tax assessment date in such other state shall be subject to ad valorem taxation the same as if such heavy-duty equipment had been held or owned in this state on January 1, except that such ad valorem tax shall be prorated with respect to the number of months remaining in the year; to define certain terms; to provide certain exceptions; to provide for applicability; to provide an effective date; to provide for the automatic repeal of this Act under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by striking in its entirety paragraph (3) of Code Section 48-5-440, relating to definitions used in said article, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Motor vehicle' means a vehicle which is designed primarily for use upon the public roads. Such term shall not include heavy-duty equipment as defined in paragraph (2) of Code Section 48-5-500 which is owned by a nonresident and operated in this state."
Section 2. Said article is further amended by adding at the end thereof a new Part 4 to read as follows:
"Part 4
48-5-500. As used in this part, the term: (1) 'Construction purposes' does not include mining activities or the transportation
of materials used in or produced by forestry activities. (2) 'Heavy-duty equipment' means any motor vehicle used primarily off the open
road for construction purposes, but shall include all road construction equipment whose gross weight exceeds 16,000 pounds, but shall not include inventory on hand for sale by duly licensed heavy-duty equipment dealers. 48-5-501. Except as exempted by law, heavy-duty equipment used for construction purposes which is owned by a nonresident and operated in this state after January 1 of any year and which was brought into Georgia from a state which subjects to taxation heavy-duty equipment owned by residents of this state and taken into such other state after the initial tax assessment date in such other state shall be subject to ad valorem taxation the same as if such heavy-duty equipment had been held or owned in this state on January 1, except that such ad valorem tax shall be prorated with respect to the number of months remaining in the year."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to heavy-duty equipment brought into this state after such effective date during the 1992 taxable year.
Section 4. This Act shall stand repealed in its entirety on January 1, 1993, if H.R. No. 715, which provides that heavy-duty equipment motor vehicles owned by nonresidents and operated in this state may be classified as a separate class of property for ad valorem property tax purposes, is passed by the General Assembly at the 1992 regular session and is ratified by the voters of this state at the 1992 general election and if H.B. No. 1279, which provides for the ad valorem taxation of heavy-duty equipment used for construction

1404

JOURNAL OF THE HOUSE,

purposes which is owned by a nonresident and operated in this state, is passed by the General Assembly at the 1992 regular session and becomes effective January 1, 1993.
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 115, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1693.

By Representative Buck of the 95th:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educational institutions.

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

Y Abernathy Y Adams Y Aiken
Alford
Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Brush YBuck Y Buckner
Byrd Y Campbell
Canty Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Connell
Y Culbreth Cummings,B
N Cummings.M Davis.D
Y Davis.G
Y Davis.M Y Dixon.H
Dixon.S Dobbs Y Dover Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W
Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton
Hammond Manner
Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Long Lord Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C
Oliver ,M YOrr
Orrock Y Padgett Y Parham
Parrish Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston
YPoag Y Porter
Poston Y Powell.A
Y Powell.C Presley
Y Purcell
Y Randall Ray
Y Reaves Y Redding
Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L Y Wall
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Williams.R 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.

MONDAY, FEBRUARY 24, 1992

1405

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.

HB 1487.

By Representatives Thomas of the 55th, Davis of the 29th, Porter of the 119th, Baker of the 51st, Oliver of the 53rd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to amend the points system to provide for points for failure to secure a load on a motor vehicle.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 1487 as follows: Page 2 - Line 8 Strike "3 points" and insert "2 points".

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beattv Y Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick
Branch Y Breedlove
Brooks Y Brown
N Brush Y Buck Y Buckner
Byrd Y Campbell
Canty N Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings,B Y Cummings,M
Davis.D Y Davis,G Y Davis.M Y Dixon.H
Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel
Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston
Y Klein YLadd Y Lane.D N Lane.R Y Langford
Y Lawrence Y Lawson
YLee Long Lord Lucas
YMann Y Martin Y McBee
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt
Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag
Porter Y Poston Y Powell.A Y Powell.C Y Presiey Y Purcell Y Randall
Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 145, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

1406

JOURNAL OF THE HOUSE,

HB 1395.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to forms of payment of taxes and license fees to the state revenue commissioner, so as to provide for the payment of certain taxes by electronic funds transfer.

The following amendment was read:
Representative Griffin of the 6th moves to amend HB 1395 as follows: On Page 2 line 17 change the number 10 to the number 5.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ahernathy N Adams Y Aiken N Alford
Ashe Y Atkins N Baker
Balkcom N Barfoot Y Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick
Branch Y Breedlove Y Brooks N Brown Y Brush NBuck N Buckner NByrd Y Campbell
Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers

Y Clark.E N Clark.L N Coker
Coleman Colwell Connell N Culbreth N Cummings.B Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Dixon.S N Dobbs N Dover Y Dunn
Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin E Green
Greene Y Griffin N Groover N Hamilton Y Hammond
Manner N Harris.B N Harris.J

Y Heard Y Henson Y Herbert N Holland N Holmes
Howard N Hudson Y Irwin Y Jackson N Jamieson N Jenkins Y Jones N Kilgore N King Y Kingston Y Klein Y Ladd N Lane.D N Lane.R Y Langford Y Lawrence Y Lawson N Lee N Long
Lord N Lucas Y Mann N Martin N McBee Y McCoy N McKelvey
McKinney,B McKinney.C Y Meadows N Merritt N Milam

N Mills Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C
Oliver,M Y Orr
Orrock N Padgett N Parham N Parrish
Patten N Pelote Y Perry N Pettit Y Pinholster N Pinkston Y Poag N Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell
Randall Ray N Reaves Redding Y Ricketson N Royal N Selman N Sherrill Y Simpson N Sinkfield

On the adoption of the amendment, the ayes were 64, nays 86. The amendment was lost.

N Skipper N Smith.L N Smith,?
Smith.T N Smith.W N Smyre
Snow N Stancil.F Y Stancil.S
Stanley N Streat N Taylor N Teper Y Thomas.C Y Thomas.M N Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend N Turnquest
Twiggs N Valenti Y Vaughan N WalkerJ N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams,J Y Williams.R N Yeargin
Murphy,Spkr

The following amendment was read and adopted:

Representatives Royal of the 144th and Jamieson of the llth move to amend HB 1395 by striking from line 6 of page 2 the following:
"or before".

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

MONDAY, FEBRUARY 24, 1992

1407

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken Y Alford N Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y' Bargeron Y Barnett.B Y Barnett.M Y Bates N Beatty Y Benetield Y Birdsong N Blitch Y Bordeaux Y Bostick
Branch N Breedlove N Brooks Y" Brown Y Brush Y Buck Y Buckner Y Byrd
Campbell
Canty Y Carrell Y Carter N Cauthorn Y Chafin Y Chambless N Cheeks Y Childers

N Clark.E Y Clark.L Y Coker
Coleman Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Davis.G N Davis.M Dixon.H Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Fennel N Floyd.J.M Y FioydJ.W N Flynt Y Godbee Y Golden Y Goodwin E Green Greene N Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson N Irwin N Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston N Klein Y Ladd Y Lane.D Y Lane.R N Langford Y Lawrence N Lawson YLee YLong YLord Y Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C N Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orr
Orrock Padgett Y Parham Y Parrish Patten Y Pelote Y Perry Y Pettit N Pinholster Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley N Purcell Randall Ray Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill N Simpson N Sinkfield

Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W Y" Smyre
Snow Y" Stancil.F N Stancil.S
Stanley Y Streat Y Taylor Y' Teper N Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White N Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 121, nays 28.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Brush of the 83rd 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 Bill of the House was again taken up for consideration:

HB 1666.

By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd, Jones of the 71st, Taylor of the 94th and others:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid on the proceeds of certain policies from the time a claim is filed.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid on the proceeds of certain policies from the time a claim is filed; to provide when a claim is deemed to be filed; to provide an effective date; to repeal conflicting laws; and for other purposes.

1408

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, is amended by striking in its entirety Code Section 33-25-10, relating to the payment of interest on the proceeds of life insurance policies, and inserting in its place a new Code Section 33-25-10 to read as follows:
"33-25-10. (a) Each insurer admitted to transact life insurance in this state shall pay interest on proceeds or payments under any individual policy of life insurance, payable to a beneficiary residing in this state or to a beneficiary under a policy issued in this state or to a beneficiary under a policy insuring a person resident in this state at the time of death.
(b) Interest payable pursuant to subsection (a) of this Code section shall be computed from the insurod'a death date a claim is filed with the insurer until the date of payment and shall be at the following rate of interest:
(1) In the event an action to recover the proceeds due under such policy is commenced and results in a judgment against the insurer, interest shall be computed at the legal rate of interest; or
(2) In the event a claim is made and no such action has been commenced, interest shall be computed daily at the greater of the rate of 12 percent per annum or the highest interest rate currently paid by the insurer on proceeds left under an interest settlement option. (c) This Code section shall not:
(1) Apply to proceeds under any such policy paid within 30 days after the date of death ef the insured filing a claim;
(2) Require the payment of interest in an amount of less than $5.00; (3) Apply to policies of credit life insurance; (4) Require the payment of interest for any period during which an insurer is required to pay interest under any state or federal law pertaining to interpleader; (5) Apply to any individual policy issued within 12 months of the death of the insured. (d) For the purposes of this Code section, payment shall be deemed to have been received by a resident when manually delivered by an agent or representative of the insuring company or when deposited by the insuring company in the United States mail, postage prepaid, and directed to the resident at his last known address as evidenced by the business records of the insuring company. (e) For the purposes of this Code section, a claim shall be deemed to have been filed with an insurer on the date that the insurer receives a substantially completed application or other written notice for the policy proceeds and reasonable proof of death of the insured."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Culbreth of the 97th, Dunn of the 73rd and Walker of the 115th, was read and adopted:

A BILL
To amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid at specified rates on the proceeds of life insurance policies from the date of the insured's death or, under certain circumstances, from the time a claim is filed; to provide when a claim is deemed to be filed; 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 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, is amended by striking in its entirety Code Section 33-25-10, relating to

MONDAY, FEBRUARY 24, 1992

1409

the payment of interest on the proceeds of life insurance policies, and inserting in its place a new Code Section 33-25-10 to read as follows:
"33-25-10. (a) Each insurer admitted to transact life insurance in this state shall pay interest on proceeds or payments under any individual policy of life insurance, payable to a beneficiary residing in this state or to a beneficiary under a policy issued in this state or to a beneficiary under a policy insuring a person resident in this state at the time of death.
(b) Interest payable pursuant to subsection (a) of this Code section shall be computed from the insured's death until the date of payment and shall be at the following rate of interest:
(1) In the event an action to recover the proceeds due under such policy is commenced and results in a judgment against the insurer, interest shall be computed at the legal rate of interest; or
(2) In the event a claim is made an4 no such action has been commenced, interest shall be computed daily at the greater of the rate of 2 6 percent per annum or the highest interest rate currently paid by the insurer on proceeds left under an interest settlement option] provided, however, that when a claim for the policy proceeds is filed with the insurer, interest shall be computed daily from 30 days after the date the claim is filed until the date of payment at the rate of 12 percent. (c) This Code section shall not:
(1) Apply to proceeds under any such policy paid within 30 days after the date of death of the insured;
(2) Require the payment of interest in an amount of less than $5.00; (3) Apply to policies of credit life insurance; (4) Require the payment of interest for any period during which an insurer is required to pay interest under any state or federal law pertaining to interpleader; (5) Apply to any individual policy issued within 12 months of the death of the insured. (d) For the purposes of this Code section, payment shall be deemed to have been received by a resident when manually delivered by an agent or representative of the insuring company or when deposited by the insuring company in the United States mail, postage prepaid, and directed to the resident at his last known address as evidenced by the business records of the insuring company. (e) For the purposes of this Code section, a claim shall be deemed to have been filed with an insurer on the date that the insurer receives a substantially completed application or other written notice for the policy proceeds and reasonable proof of death of the insured."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy Y Adams Y Aiken
Alf'ord Y Ashe Y Atkins Y Baker Y Balkcom Y Bartoot Y Bargeron Y Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick
Branch Y Breedlove N Brooks Y Brown Y Brush

Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter N Cauthorn Y Chafin
Chambless Y Cheeks Y Childers

N Clark,E Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M

Dixon.H Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt

1410

JOURNAL OF THE HOUSE,

Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones

Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long
Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milarn

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell
Randall Ray Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Smith.T Y Smith.W Y Smyre Snow Y Stancil.F Y Stancil.S Stanley Y Streat Y Taylor

Y Teper Y Thomas.C Y Thomas, M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts N White N Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Bordeaux of the 122nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Breedlove of the 60th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1395.

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 1299.

By Representative Dover of the llth:
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.

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

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates

Y Beatty Y Benefield
Birdsong
Y Blitch Y Bordeaux Y Bostick
Branch Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner

Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark.L Y Coker

Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover

Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee
Golden Y Goodwin E Green Y Greene

MONDAY, FEBRUARY 24, 1992

1411

Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris..] Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y KilKore Y King Y Kingston Y Klein

Y Ladd Y Lane.D Y Lane.R Y Langford Y' Lawrence Y Lawson Y Lee Y Long
Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Milam Y Mills Y Mobley Y Moody

Y Morsberger Y Moultrie Y Mueller Y 01iver,C
Oliver,M Y Orr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell

Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper

Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus
Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1004.

By Representative Dunn of the 73rd:
A bill 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 provide for user fees for the establishment and maintenance of public information services and materials.

Representative Dunn of the 73rd moved that further consideration of HB 1004 be postponed until Wednesday, February 26, 1992, immediately following the period of unanimous consents.
The motion prevailed.

HB 1769. By Representatives Perry of the 5th, Barnett of the 10th, Greene of the 130th and Coker of the 21st:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for deductions from money credited to the account of an inmate to defray the costs paid by a municipality or county for certain medical treatment requested by an inmate or to repay the costs of destruction of public property by an inmate, medical treatment for injuries inflicted by an inmate upon himself or others, searching and apprehending an inmate who has escaped or attempted to escape.

The following substitute, offered by Representative Perry of the 5th, was read:

A BILL
To amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for deductions from money credited to the account of an inmate to defray the costs paid by a municipality or county for certain medical treatment requested by an inmate or to repay the costs of destruction of public property by an inmate, medical treatment for injuries inflicted by an inmate upon himself or others, searching and apprehending an inmate who has escaped or attempted to escape, or quelling any riot or other disturbance in which an inmate is unlawfully involved; to limit certain deductions; to define certain terms; to provide certain exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

1412

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, is amended by adding following Article 2 a new Article 3 to read as follows:
"ARTICLE 3
42-4-50. As used in this article, the term: (1) 'Detention facility' means a municipal or county jail used for the detention of
persons charged with or convicted of either a felony, a misdemeanor, or a municipal, offense.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense.
(3) 'Officer in charge' means the sheriff, if the detention facility is under his supervision, or the warden, captain, or superintendent having the supervision of any other detention facility. 42-4-51. (a) The officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) Repay the costs of: (A) Public property willfully damaged or destroyed by the inmate during his
incarceration; (B) Medical treatment for injuries inflicted by the inmate upon himself or oth-
ers; (C) Searching for and apprehending the inmate when he escapes or attempts to
escape; or (D) Quelling any riot or other disturbance in which the inmate is unlawfully
involved; (2) Defray the costs paid by a municipality or county for medical treatment for an inmate, which medical treatment has been requested by the inmate, provided that such deduction from money credited to the account of an inmate shall not exceed $5.00 for each such occurrence of treatment received by the inmate at the inmate's request; provided, further, that if the balance in an inmate's account is $10.00 or less, such fee shall not be charged, (b) The provisions of paragraph (2) of subsection (a) of this Code section shall not apply in any case where an officer of the detention facility or a medical practitioner determines that an inmate is in need of medical treatment."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Martin of the 26th moves to amend the Floor substitute to HB 1769 as follows:
(1) Strike line 5 of page 1 and insert in lieu thereof "to". (2) "S(atr)i"ke on line 9 of page 2 the following:
(3) "S(1tr)i"ke on line 13 of page 2 the following:
(4) Strike paragraph (2) beginning on line 26 of page 2 (5) Strike subsection (b) beginning on line 3 of page 3.

The following amendment was read:

Representative Bostick of the 138th moves to amend the Floor substitute to HB 1769 as follows:
Strike $5.00 on page 2, line 31 and inserting $15.00.

MONDAY, FEBRUARY 24, 1992

1413

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

N Abernathy Y Adams Y Aiken N Alford N Ashe N Atkins N Baker
Balkcom Barfoot N Bargeron Y Barnett.B N Barnett.M Y Bates N Beatty N Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Branch Y Breedlove
N Brooks N Brown N Brush N Buck
Buckner Y Byrd
Campbell Canty N Carrell Y Carter Y Cauthorn N Chafin N Chambless Y Cheeks Y Childers

N Clark.E
Y Clark.L
N Coker
N Coleman
N Colwell
Connell
N Culbreth
Y Cummings,B N Cummings.M N Davis.D N Davis.G
Davis,M Dixon.H N Dixon.S N Dobbs N Dover Y Dunn Edwards Y Elliott
N Felton
Fennel
N Floyd.J.M
Y FloydJ.W
N Flynt N Godbee Y Golden Y Goodwin
E Green
N Greene
Griffin
Y Groover
N Hamilton
N Hammond
Manner Y Harris.B N Harris,J

N Heard
N Henson
N Herbert
Y Holland
Y Holmes
Howard
N Hudson N Irwin N Jackson
Jamieson Y Jenkins N Jones N Kilgore
N King N Kingston N Klein N Ladd
Lane.D Y Lane.R Y Langford
N Lawrence
Y Lawson NLee YLong
Lord
N Lucas N Mann N Martin N McBee
N McCoy Y McKelvey
McKinney,B
McKinney,C N Meadows N Merritt
Y Milam

N Mills N Mobley Y Moody Y Morsberger N Moultrie Y Mueller N Oliver.C Y Oliver.M
NOrr
N Orrock N Padgett
Y Parham
Y Parrish Patten
Y Pelote
N Perry
N Pettit
Y Pinholster
Pinkston
N Poag
Porter N Poston Y Powell.A Y Powell.C N Presley N Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal N Selman Y Sherrill Y Simpson
N Sinkfield

On the adoption of the amendment, the ayes were 55, nays 94. The amendment was lost.

Y Skipper Y Smith.L N Smith.P
Smith.T N Smith.W
Smyre N Snow N Stancil.F N Stancil.S
Stanley Y Streat N Taylor N Teper N Thomas.C N Thomas, M N Thomas.N
Thurmond N Titus Y Tolbert N Townsend N Turnquest N Twiggs N Valenti N Vaughan N Walker.J Y Walker.L N Wall N Watson N Watts N White N Wilder Y Williams.B
Williams.J Y Williams.R N Yeargin
Murphy, Spkr

The Floor substitute was adopted.

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

N Abernathy
Y Adams
Y Aiken
Y Alford
Y Ashe
Y Atkins
N Baker Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick

Branch Y Breedlove
N Brooks
N Brown
Y Brush
Y Buck
Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L

Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B N Cummings.M Y Davis.D N Davis.G
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs
Y Dover Y Dunn
Edwards Y Elliott Y Felton
Fennel

Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland

N Holmes
Howard
Y Hudson
Y rwin
Y - ackson
- amieson
Y - enkins
Y * ones
Y Kilgore
YKing
Y Kingston
Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee

1414

JOURNAL OF THE HOUSE,

Y Long Y Lord N Lucas Y Mann N Martin Y McBee Y Mc-Coy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger

Y Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter

Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson N Sinkfield Y Skipper Y Smith.L

Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat N Taylor N Teper Y Thomas.C N Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert

Y Townsend N Turnquest Y Twiggs N Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts N White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 140, nays 19.
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 report of the Committee of Conference thereon:

HB 245. By Representatives Jackson of the 9th, Parham of the 105th, Harris of the 84th and Barnett of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, equipment and inspection of motor vehicles, reporting of accidents, prosecution of traffic offenses, and the use of radar speed detection devices.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 245

The Committee of Conference on HB 245 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 245 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Donald L. White Senator, 48th District

/s/ Jerry D. Jackson Representative, 9th District

/s/ J. Nathan Deal Senator, 49th District

/s/ Bobby E. Parham Representative, 105th District

/s/ Tom Ramsey Senator, 54th District

/s/ Bill Barnett Representative, 10th District

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to specify the location for placement of revalidation decals; to

MONDAY, FEBRUARY 24, 1992

1415

require certain vehicle dealers to obtain a certificate of title in their names after obtaining a vehicle; to provide that no cause of action exists for not disclosing certain damage to used or previously titled motor vehicles; to provide that no new cause of action is created; to provide an exemption from obtaining a Georgia driver's license for migrant farm workers under certain conditions; to change certain provisions relating to reports of convictions of traffic violations; to change certain provisions relating to habitual violators; to change certain provisions relating to periods of suspension and conditions of reinstatement of a driver's license; to change certain conditions relating to issuance of limited driving permits; to provide for procedures upon notice of cancellation of minimum required motor vehicle insurance; to provide for sanctions for improper cancellation reports; to provide for licensing fees and surety bonds for driver improvement clinics; to clarify the mandatory nature of DUI Alcohol or Drug Use Risk Reduction Programs; to provide for the licensing of instructors to teach the required alcohol and drug program for teen-age drivers; to provide for fees; to provide for the authority of the commissioner of public safety and the commissioner of human resources with respect to the administration of certain driver improvement programs; to change certain requirements and provisions relative to issuance of personal identification cards; to provide that a person shall be disqualified from driving a commercial motor vehicle if convicted of a first violation of any offense specified in Code Section 40-5-54 while driving a commercial motor vehicle; to provide that the rules of the road are applicable to motorcycles; to change certain speed limits for school buses; to change certain posting requirements for parking areas with regard to operation of motor vehicles; to provide for notice to the sentencing court and the department of public safety of completion of a DUI Alcohol or Drug Use Risk Reduction Program; to prohibit covering the headlights of any motor vehicle with any type of material; to exempt law enforcement officers from the restrictions on affixing materials to windshields or windows to reduce light transmission; to change certain tire tread requirements for school buses; to repeal the requirement that motor vehicle manufacturers file their warranties with the department; to change certain procedures relating to prosecution of traffic offenses; to provide for transfers of bonds; to provide for procedures for operation of traffic violations bureaus; to authorize an officer to require surrender of the driver's license at the time of citation; to provide that certain offenses shall not be disposed of by a traffic violations bureau; to clarify certain procedures relative to the use of radar; to correct certain stylistic, capitalization, and punctuation errors; to revise and modernize certain language; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-2-8, relating to operation of a vehicle without a current license plate or revalidation decal, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to the upper right-hand corner of the license plate, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that he has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to him, then the owner shall not be subject to the above penalties."

1416

JOURNAL OF THE HOUSE,

Section 2. Said title is further amended by striking subsection (a) of Code Section 40-3-33, relating to transfers of vehicles to dealers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) A Except as provided in paragraph (2) of this subsection, a dealer who buys a vehicle and holds it for resale need not apply to the commissioner for a new certificate of title but may retain the certificate delivered to him. Upon transferring the vehicle to another person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assignment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vehicles under this Code section shall otherwise conform with Code Section 40-3-32. A dealer selling a previously registered vehicle which under this chapter need not have a certificate of title need not furnish a purchaser of such a vehicle a certificate of title. After a previously registered vehicle has been brought under the terms of this chapter, a dealer, when selling that vehicle, shall conform to all provisions of this chapter.
(2) (A) As used in this paragraph, the term 'franchise dealer' means a dealer who under a contract or franchise agreement with a manufacturer, distributor, wholesaler, or importer is authorized to sell new motor vehicles of or for such manufacturer, distributor, wholesaler, or importer and who is authorized to use trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales.
(B) A dealer who is not a franchise dealer who acquires a vehicle for which the original certificate of title has not been issued and who holds such vehicle for resale shall not be exempt from the requirement to obtain a certificate of title m such dealer's name as provided in paragraph (1) of this subsection. Such dealer shall, as provided in Code Section 40-3-32, obtain a certificate of title in such dealer's name prior to selling or otherwise transferring said vehicle to any other person or dealer."
Section 3. Said title is further amended by adding immediately following Code Section 40-3-35 a new Code Section 40-3-35.1 to read as follows:
"40-3-35.1. (a) The seller of a used or previously titled motor vehicle shall not be liable to the purchaser of such motor vehicle and the purchaser of a used or previously titled motor vehicle shall not have a cause of action against the seller of such motor vehicle for the failure of the seller of such motor vehicle to disclose or otherwise make known the fact that such motor vehicle has been damaged or that one or more major component parts on such motor vehicle have been repaired or replaced if such damage, repair, or replacement does not require the certificate of title for such motor vehicle to be marked 'salvaged' or 'rebuilt' or if such damage, repair, or replacement does require the certificate of title for such motor vehicle to be marked 'salvaged' or 'rebuilt' but no such marked certificate of title has been issued for such motor vehicle at the time of sale or such marked certificate of title has not been provided to the seller prior to the sale.
(b) This Code section shall not be deemed to directly or indirectly create a cause of action for the failure to disclose any information regarding damage to or the repair or replacement of major component parts of a motor vehicle."
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-5-21, relating to exemptions generally from the driver's license laws, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in Article 7 of this chapter, the 'Georgia Uniform Commercial Driver's License Act,' the following persons are exempt from licenses under this chapter:
(1) Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and which is being operated on official business, unless such employee is required by the United States government or any agency thereof to have a state driver's license;

MONDAY, FEBRUARY 24, 1992

1417

(2) A nonresident who is at least 16 years of age and who has in his immediate possession a valid license issued to him in his home state or country;
(3) A nonresident on active duty in the armed forces of the United States who has a valid license issued by his home state, and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state;
(4) Any person on active duty in the armed forces of the United States who has in his immediate possession a valid license issued in a foreign country by the armed forces of the United States, for a period of not more than 45 days from the date of his return to the United States;
(5) Any inmate or resident patient of a state, county, or municipally owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other person duly authorized in writing to so accompany and supervise such inmate or resident patient;
(6) Any person driving or operating a farm tractor or farm implement temporarily operated on a highway for the purpose of conducting farm business;
(7) Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a motor vehicle owned by or leased to the state, county, or municipality and being operated with the written approval of the warden or superintendent and in such manner and for such purpose as may be specified by the warden or superintendent, provided that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written, and driving tests required for licensing a citizen to operate such motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any inmate passing such tests;
(8) A member of the reserve components of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated in accordance with the duties of such member as a member of the reserve components of the armed forces; and
(9) Any person seeking to obtain a driver's license while taking the driving examination for such license accompanied by a driver license examiner of the department or a certified examining agent of the department? and
(10) Any migrant farm worker who works in this state less than 90 days in any calendar year and who possesses a valid driver's license issued by another state."
Section 5. Said title is further amended by striking Code Section 40-5-22.1, relating to reinstatement of the driver's license of a person under 16 years of age convicted of driving under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof a new Code Section 40-5-22.1 to read as follows:
"40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion ef- a certified assessment component ttnd the education/intervention componetrt er the intensive intervention component of a DUI alcohol and drug se ris4t rcductien program as prcacribcd Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or operated by or under contract with an assessment and intervention program approved by the juvenile court and pays a fee of $35.00 to the Department of Public Safety or $25.00 when such application is processed by mail. The court shall notify the Department of Public Safety of its order delaying the issuance of such child's license within 15 days of the date of such order. The Department of Public Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section."

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JOURNAL OF THE HOUSE,

Section 6. Said title is further amended by striking Code Section 40-5-53, relating to when courts are to send drivers' licenses and reports of convictions to the Department of Public Safety, in its entirety and inserting in lieu thereof a new Code Section 40-5-53 to read as follows:
"40-5-53. (a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction.
(b) Except as provided k subsection () of this Code section, every Every court in each county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25$ for each report forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25$ fee as additional compensation.
(c) Every court in a each county of this state having a population of 300,000 or less than 550,000 according to the 1080 decennial census United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter or Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25$ for each report forwarded; and in those cases where the clerk receiving such 25$ fee is compensated solely on a fee basis, the clerk shall retain such 25$ fee as additional compensation. In those cases where the clerk receiving such 25$ fee is compensated in whole or in part on a salary basis, such fee shall be the property of and shall be paid over to the city or county operating the court, unless expressly provided otherwise in a local law relating to the compensation of such clerk."
Section 7. Said title is further amended by striking subsection (d) of Code Section 40-5-57, relating to suspension of a driver's license for assessment of points, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Any person who has such points assessed against him as to require the suspension of his license pursuant to subsection (a) or (b) of this Code section shall have his license suspended as follows:
(1) Upon a first assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 60 daya ef- suspension completion of the requirements set forth in Code Section 40-5-84, such person may apply to the department for the return of his license;
(2) For a second assessment of the requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, the period of suspension shall be three years, provided that at any time after 90 days of auapcnaion completion of the requirements set forth in Code Section 40-5-84, such person may apply to the department for the return of his license; and
(3) For a third assessment of requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, such person shall have his license suspended for a period of two years. Such person shall not be eligible for early

MONDAY, FEBRUARY 24, 1992

1419

return of his license or for a limited driving permit as provided in Code Section 40-5-64 during such two-year period."
Section 8. Said title is further amended by striking subparagraph (e)(6)(A) of Code Section 40-5-58, relating to habitual violators' probationary licenses, in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) (i) Any probationary licensee violating the provisions of paragraph (4) of this subsection or operating a vehicle in violation of any conditions specified in this subsection shall be guilty of a misdemeanor.
(ii) Any Except as provided in division (iii) of this subparagraph, any probationary licensee wfee is convicted ef violating; er whe pleads note contcndcrc te charge f violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.
(iii) Any probationary licensee violating any state law or local ordinance involving a felony offense listed in Code Section 40-5-54 shall be guilty of a felony and shall be punished as is provided for conviction of such felony."
Section 9. Said title is further amended by striking subsections (a) and (b) of Code Section 40-5-63, relating to periods of suspension and conditions of reinstatement of a driver's license, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense 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 12 months. 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 after the expiration of 120 days only if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mai!2 provided that if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated if such person submits proof of completion of either an approved defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph 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 paragraphs (2) and (3) of this subsection;

1420

JOURNAL OF THE HOUSE,

(2) Upon the second conviction of any such offense 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, 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 such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail: j provided that, if such license was suspended as a result of a conviction of an offense listed m Code Section 40-5-54, it shall be reinstated upon submission of proof of completion of either an approved advanced defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and payment of the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 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; or
(3) Upon the third conviction of any such offense 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 considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 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. (b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that the license suspension of a person who refused to submit to a test or tests provided in Code Section 40-5-55, but who within 180 days of the date of arrest enters a plea of guilty to a charge of violating Code Section 40-6-391, shall be deleted upon the acceptance of such plea and receipt by the Department of Public Safety of an authorization from the prosecutor or, where there is no prosecutor, from the judge authorizing the deletion. If a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393 or has been charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months. Notwithstanding the provisions of subsection (a) of this Code section which provide for the early reinstatement of a driver's license, the Department of Public Safety shall not reinstate a driver's license during any period of suspension imposed under this subsection."
Section 10. Said title is further amended by striking subsection (e) of Code Section 40-5-63, relating to periods of suspension and conditions of reinstatement of a driver's license, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Any person convicted of violating subsection (a) or subsection (c) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction."

MONDAY, FEBRUARY 24, 1992

1421

Section 11. Said title is further amended by striking subsection (e) of Code Section 40-5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) A permit issued pursuant to this Code section shall be $5.00 and shall be nonrenewable and shall become invalid upon the expiration of one year following the effective date of suspension of the applicant's driver's license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57 or upon the expiration of 120 days following conviction in the case of a suspension for a violation of Code Section 40-6-391, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit} immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit."
Section 12. Said title is further amended by striking subsection (a.) of Code Section 40-5-71, relating to the procedure upon notice of cancellation of minimum required motor vehicle insurance, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the effective date ef the cancellation date on which the policy cannot be reinstated to maintain coverage continuously in force, shall notify the Department of Public Safety in the form specified by the department of such cancellation and the reason for such cancellation, fe the event a canceled pelicy 19 PCinstarted oy tftc insurer witriout ft i&pse m covcrs^je snQ sucn pei
within rive dftys siter tne dflte trie policy wss reinsLQteQ( sn&ll notify in the form apccificd by the department ef such reinstatement. For the purposes of aiding in the enforcement of the requirement of minimum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. Per th purposes ef this Code section, cancellation shall be defined by regulation ef the department. The commissioner of public safety shall notify the Commissioner of Insurance quarterly of any and all notices of cancellation sent to the Department of Public Safety by any insurer in violation of the regulation of the Department of Public Safety defining a cancellation and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commissioner of Insurance is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.
(2) The Department of Public Safety shall, by regulation, define cancellation for the purposes of insurers sending the notices required by this Code section and the department's definition shall in no way be construed as modifying the provisions of Code Section 33-24-45.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the Department of Public Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation."

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Section 13. Said title is further amended by striking Code Section 40-5-75, relating to the suspension of a driver's license for conviction of possession of a controlled substance or marijuana, in its entirety and inserting in lieu thereof a new Code Section 40-5-75 to read as follows:
"40-5-75. (a) The driver's license of any person convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense 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 not less than 180 days. At the end of 180 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of completion of the assessment component asd either the education/intervention component or the intcnsive intervention component of & L)\J l alconol OP drug use nsic reduction program as prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Public Safety a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense 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, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of the intensive intervention component erf
Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Public Safety a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense 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's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit;
(B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;

MONDAY, FEBRUARY 24, 1992

1423

(ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he is regularly enrolled as a student; or (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner. (b) Whenever a person is convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension; provided, however, that, effective January 1, 1992, if, at the time of conviction of unlawful possession of a controlled substance or marijuana, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a driver's license. (c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete the assessment and education/intervention components ef a First Offender a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program 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 program by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Department of Public Safety.
(2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety. (d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required compo-
Risk Reduction Program and a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.
(e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided in this Code section.
(f) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.

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(g) Notwithstanding the provisions of Code Section 15-11-38 and except as provided in subsection (c) of this Code section, an 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 (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section.
(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete an assessment component emd an education/intervention component or intensive intervention component ef a DUI alcohol
in liea ef a program as prescribed a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or an assessment and intervention program approved by the juvenile court."
Section 14. Said title is further amended by striking Code Section 40-5-80, relating to the purpose of the "Georgia Driver Improvement Act," in its entirety and inserting in lieu thereof a new Code Section 40-5-80 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 ef drug ase risk rcduction programs Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Public Safety shall:
(1) Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the Board of Public Safety and shall, as best as the board shall determine, approximate the expense incurred by the Department of Public Safety in consideration of an application. These licenses shall be valid for a period of two years unless suspended or revoked prior to the expiration of that time period; and
(2) Require, in addition to the criteria for approval of driver improvement clinics established by the commissioner of public safety, as provided in subsection (a) of Code Section 40-5-83, that every driver improvement clinic shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Public Safety and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the Board of Public Safety; however, in no event shall this amount be less than $2,500.00. If at any time said bond is not valid and in force, the license of the clinic shall be deemed suspended by operation of law until a valid surety company bond is again in force."
Section 15. Said title is further amended by striking Code Section 40-5-81, relating to the optional nature of certain driver improvement programs, in its entirety and inserting in lieu thereof a new Code Section 40-5-81 to read as follows:
"40-5-81. (a) This article is intended te provide an additional method for the rcsto-

911811 ije vortintflry on trie psrt of efi.cn driver witnin tftis stftte, 8FH1 no finv^p 3titll i&e compelled te participate i the driver improvement program established under this article? This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance with this article shall be an alternative method by which a driver nisy riflve ttis iicewse restored siter rt n8S oeefi suspended of revolted oy tnc
driver s license Of tne issusnce of 8 limited driving pernfHr oy Article o of tnis cnsp'tep. (b) Whenever any person is authorized or required to attend a driver improvement
clinic or program DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title

MONDAY, FEBRUARY 24, 1992

1425

or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improvement clinic or program DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court from furnishing any person, upon request, the names of certified driver improvement clinics or programs DUI Alcohol or Drug Use Risk Reduction Programs."
Section 16. Said title is further amended by striking subsection (c) of Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of classroom and six hours of behind the wheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course."
Section 17. Said title is further amended by striking Code Section 40-5-84, relating to reinstatement of licenses suspended for certain offenses or points, in its entirety and inserting in lieu thereof a new Code Section 40-5-84 to read as follows:
"40-5-84. (a) Except as otherwise provided, the license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol er drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail.
(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail.
(c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol Of drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail.
(d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol w drug course DUI Alcohol or Drug Use Risk Reduction Program and the payment of a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail."

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JOURNAL OF THE HOUSE,

Section 18. Said title is further amended by striking Code Section 40-5-86, relating to reduction of point count upon completion of course, in its entirety and inserting in lieu thereof a new Code Section 40-5-86 to read as follows:
"40-5-86. Upon the accumulation of eight points or more pursuant to Code Section 40-5-57, the total number of points accumulated by any driver shall be reduced by seven points upon the satisfactory completion by such driver of an approved defensive driving course or an approved basic alcohol er drug course DUI Alcohol or Drug Use Risk Reduction Program and the submission of a certificate by such driver to the department. The provisions of this Code section shall be available one time only to each driver in any ten-year period."
Section 19. Said title is further amended by striking Code Section 40-5-88, relating to administrative penalties, in its entirety and inserting in lieu thereof a new Code Section 40-5-88 to read as follows:
"40-5-88. As an alternative to criminal or other civil enforcements, the commissioner of public safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of public safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of public safety or the commissioner of human resources, as appropriate, may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the such commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."
Section 20. Said title is further amended by striking Code Section 40-5-100, relating to identification cards for persons without drivers' licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-100 to read as follows:
"40-5-100. (a) The Department of Public Safety shall issue personal identification cards to all persona residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall contain a recent color photograph of the applicant and include the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex;

MONDAY, FEBRUARY 24, 1992

1427

(6) Height; (7) Weight; (8) Eye color; (9) Post where the identification card was issued; and (10) Signature of person identified. (b) The identification card shall be valid for four years and shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall be the same as the social security number or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."
Section 21. Said title is further amended by striking subsection (a) of Code Section 40-5-151, relating to disqualification from driving a commercial motor vehicle, and inserting in lieu thereof the following:
"(a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:
(1) If convicted of a first violation of: (A) Any offense specified in Code Section 40-5-54 that occurs while the person
is driving or being in actual physical control of a moving commercial motor vehicle;
of Qicofiol or dru^s, ft9 provid6d tfl oodc occiion
(6) (B) Driving or being in actual physical control of a moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; or (2) For refusal to submit to a test as prescribed in paragraph (1) of subsection (a) of Code Section 40-6-392 to determine the driver's alcohol concentration while driving a commercial motor vehicle."
Section 22. Said title is further amended by striking Code Section 40-6-11, relating to the applicability of the rules of the road, in its entirety and inserting in lieu thereof a new Code Section 40-6-11 to read as follows:
"40-6-11. (a) For the purposes of this Code section, 'motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped.
(fe) Except as provided in subsections {e^ {dfc ttrt^t (e) of this Gede section, the provisions 0f this chapter shall net apply te the operation ef- motorcycles.
(e) (b) No owner of a motorcycle or any other person, other than a self-insurer as defined in Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor.
{4) (c) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his immediate possession or on the motorcycle at all times when such person is operating the motorcycle. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this subsection.
(e) (d) Every law enforcement officer in this state shall request the operator of a motorcycle to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator."
Section 23. Said title is further amended by striking Code Section 40-6-160, relating to speed limits for school buses, in its entirety and inserting in lieu thereof a new Code Section 40-6-160 to read as follows:

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"40-6-160. (a) Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful to operate:
(1) A school bus transporting school children to and from school or to and from school activities at a speed greater than 40 miles per hour on a public road other than one which is a part of a National System of Interstate and Defense Highways; or
(2) A school bus transporting school children to and from school or to and from school activities on a public road which is a part of a National System of Interstate and Defense Highways at a speed greater than 66 55 miles per hour, (b) When a school bus is transporting school children to or from an event or school activity or an express bus transporting students from one school to another school and is not loading or unloading children during such transportation, the speed limit shall be 66 55 miles per hour on other public roads as well as on those public roads which are a part of the National System of Interstate and Defense Highways."
Section 24. Said title is further amended by striking subsection (a) of Code Section 40-6-252, relating to parking, standing, or driving a motor vehicle in a private parking area after being requested not to do so, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No person shall, after having been requested not to do so by a law enforcement officer or an authorized agent of the owner, park or stand an occupied or unoccupied motor vehicle in or repeatedly drive a motor vehicle through or within a parking area located on privately owned property and provided by a merchant, group of merchants, or shopping center or other facility for customers if:
(1) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces then by at least one such sign for every 160 parking spaces at each entrance to the parking area, each such sign containing the following information in easy to read printing:
(A) Notice of this Code section; (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."
Section 25. Said title is further amended by striking subsection (d) of Code Section 40-6-391.1, relating to entry of a plea of nolo contendere to a charge of violating Code Section 40-6-391, in its entirety and inserting in lieu thereof a new subsection (d) 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 DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit satisfactory evidence of such completion to the Department of Public Safety and the court within 120 days of the issuance of the court order. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The court

MONDAY, FEBRUARY 24, 1992

1429

shall, at the time of surrender of the driver's license to it, issue a temporary driving permit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his 120 day driving permit shall be invalid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program."
Section 26. Said title is further amended by striking subsection (d) of Code Section 40-8-22, relating to headlights, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The headlights required by this Code section shall be maintained in proper working condition and shall not be covered by any type of material, provided that the covering restriction shall not apply to any vehicle on which the original factory headlights were covered."
Section 27. Said title is further amended by striking subsection (c) of Code Section 40-8-73.1, relating to affixing of materials to windshields or windows to reduce light transmission, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The provisions of subsection (b) of this Code section shall not apply to: (1) Adjustable sun visors which are mounted forward of the side windows and are
not attached to the glass; (2) Signs, stickers, or other matter which is displayed in a seven-inch square in the
lower corner of the windshield farthest removed from the driver or signs, stickers, or other matter which is displayed in a five-inch square in the lower corner of the windshield nearest the driver;
(3) Direction, destination, or termination signs upon a passenger common carrier motor vehicle if the signs do not interfere with the driver's clear view of approaching traffic;
(4) Any transparent item which is not red or amber in color which is placed on the uppermost six inches of the windshield;
(5) Any federal, state, or local sticker or certificate which is required by law to be placed on any windshield or window;
(6) The rear windshield or the side or door windows, except those windows to the right and left of the driver of:
(A) A multipurpose passenger vehicle; (B) A school bus, any other bus used for public transportation, and any bus or van owned or leased by any religious or any nonprofit organization duly incorporated under the laws of this state; (C) Any limousine owned or leased by a public or private entity; or (D) Any other vehicle, the windows or windshields of which have been tinted or darkened before factory delivery or permitted by federal law or regulation; or (7) Any motor vehicle not registered in this stater i or (8) Any law enforcement vehicle."
Section 28. Said title is further amended by striking Code Sections 40-8-74 and 40-8-77 in their entirety and inserting in lieu thereof new Code Sections 40-8-74 and 40-8-77 to read as follows:
"40-8-74. (a) No vehicle equipped with solid rubber tires shall be used or transported on the highways, unless every solid rubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery.
(b) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.
(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use:

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JOURNAL OF THE HOUSE,

(1) Farm machinery with tires having protuberances which will not injure the highway; and
(2) Tire chains of reasonable proportions or tires equipped with safety apikc-metal metal spike studs upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. (d) The Transportation Board and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks, or of farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code section. (e) All tires:
(1) Shall have not less than 2/32 inch tread measurable in all major grooves with the exception of school buses which shall have not less than 4/32 inch tread measurable in all major grooves;
(2) Shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and
(3) Shall be free from bumps, bulges, or separations. (f) No motor vehicle shall be operated on a public street or highway with tires that have been marked 'not for highway use,' 'for racing purposes only,' or 'unsafe for highway use." (g) Retreaded tires shall not be used upon the front wheels of buses." "40-8-77. (a) As used in this Code section, the term 'private passenger automobile' shall mean a four-wheel motor vehicle designed for carrying ten passengers or less, not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, provided that the term 'private passenger automobile' shall not include a multipurpose vehicle, which is, for the purposes of this Code section, defined as a motor vehicle, except a trailer, designed to carry ten passengers or less and constructed either on a truck chassis or with special features for occasional off-road operation. (b) Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in this state shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system conforming to all federal motor vehicle safety standards applicable to such automobile on the date of manufacture. The warranty may be given by means of the federal safety standard certification label affixed to the automobile. {e) T-he warranty provisions ef this Code section shall nt fee applicable with respect te softy private passenger automobile as te which the manufacturer ffles a written certifi' cfltion under ofttii witn the L/cpftrtment or r'lioiic ofltety, on 8 lopm to oe prescn bed 0y
the applicable standards ef- this Code section."
Section 29. Said title is further amended by striking Code Sections 40-13-3, 40-13-23, 40-13-29, 40-13-30, 40-13-31, 40-13-33, 40-13-50, 40-13-53, 40-13-57, 40-13-60, and 40-13-62 in their entirety and inserting in lieu thereof the following:
"40-13-3. Except for offenses tried in the superior courts, all other courts having jurisdiction of the offense shall may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Public Safety."
"40-13-23. (a) No court defined in this article shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable cause exists, he shall be immediately bound over to the court in the county having jurisdiction to try the offense, wherein a jury may be impaneled. Where a cash bond or driver's license in lieu of bond has been posted, the bond shall be transferred to the court assuming jurisdiction without the necessity of the defendant posting new bond.

MONDAY, FEBRUARY 24, 1992

1431

(b) No waiver of a trial by jury may be withdrawn when such waiver has been interposed for the purpose of delay. Except with approval of the court, no waiver of a trial by jury may be withdrawn after the commencement of the trial or the filing of motions on behalf of the defendant, whichever comes first."
"40-13-29. In all counties except those having city, county, or state courts, the judge of the probate court shall have exclusive jurisdiction of all traffic misdemeanor cases originating in the county outside of municipal corporations; The i and the judge of the municipal court in each municipal corporation shall have exclusive jurisdiction of traffic misdemeanor cases originating inside the corporate limits of municipalities.
40-13-30. State highway patrolmen Officers of the Georgia State Patrol and any other officer of this state or of any county or municipality thereof having authority to arrest for a criminal offense of the grade of misdemeanor shall have authority to prefer charges and bring offenders to trial under this article, provided that officers of an incorporated municipality shall have no power to make arrests beyond the corporate limits of such municipality unless such jurisdiction is given by local or other law.
40-13-31. The sheriffs of the several counties of this state are entitled to an arresting fee, as provided by law, in every case in which the sheriff or his lawful deputy arrests, assists in arresting, or takes custody of any person charged with crime who has been apprehended by an officer of the state patrol Georgia State Patrol and delivered to the sheriff or his lawful deputy. If the sheriff is upon a salary, the fee shall be paid into the county treasury."
"40-13-33. (a) Any challenge to a misdemeanor conviction of any of the traffic laws of this state or the traffic laws of any county or municipal government which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the date the conviction becomes final.
(b) Any challenge to a conviction specified in subsection (a) of this Code section which became final before March 28, 1986, must be filed within 180 days following March 28, 1986.
(c) When the commissioner of public safety is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County.
(d) Failure to file the challenge within the time prescribed in this Code section shall divest the court of jurisdiction."
"40-13-50. In every court of this state having jurisdiction over the violation of traffic laws or traffic ordinances, the judge, or the judges where there ate is more than one judge, may provide by written order for the establishment of a traffic violations bureau for the handling or disposition of certain traffic cases in substantial compliance with this article. The court shall promulgate and provide to the clerk of the traffic violations bureau a list of the traffic offenses which shall be handled and disposed of by the traffic violations bureau. However, nothing in this article shall authorize the judge of such court to employ any person or persons to administer this article."
"40-13-53. (a) Subject to the exceptions set out in subsection (b) of this Code section, any officer who arrests any person for the violation of a traffic law or traffic ordinance alleged to have been committed outside the corporate limits of any municipality shall permit such person to be released upon being served with a citation and complaint and agreeing to appear, as provided in this article; unless . If such officer has reasonable and probable grounds to believe that the person will not obey such citation and agreement to appear2 the officer may require such person to surrender his driver's license in accordance with Code Section 17-6-11.
\u) i crsons arrested tor tne tollowmg oiicnscs may not we released as provided tft subsection {a) ef this Code section The following offenses shall not be handled or disposed of by a traffic violations bureau:
(1) Operating a motor vehicle H> violation ef ede Section 40-6-391 Any offense for which a driver's license may be suspended by the commissioner of public safety;
(2) Any motor vehicle registration violation;
(3)_A violation of Code Section 40-5-20;
(3) (4) Speeding in excess of W 30 miles per hour over the posted speed limit; or
\4//\ny owiCF oiicnsc wiiicii trie COUP* fiss cxcepted Dy order.

1432

JOURNAL OF THE HOUSE,

(5) Any offense which would otherwise be a traffic violations bureau offense but which arose out of the same conduct or occurred in conjunction with an offense which is excluded from the jurisdiction of the traffic violations bureau. Any such offense shall be subject to the maximum punishment set by law.
section out srisii fi8vc no sutnopity to remove sfty OT such exceptions. "40-13-57. In the event an officer has authority to issue citation and complaint as set forth in Code Section 40-13-53 but declines to do so because of his belief that such person will not obey the citation and agreement to appear, such officer may bring such person to the traffic violations bureau and such person may be allowed to post a cash bond for his appearance in accordance with the schedule established by the court." "40-13-60. Any traffic violation under the jurisdiction of the traffic violations bureau shall be characterized and classified as a traffic violation and shall not be considered as a misdemeanor. Whenever any traffic violation is transferred from another court to a court which has a traffic violations bureau, if such offense is classified as a traffic violation on the traffic violations bureau schedule of the receiving court, such violation shall be handled and disposed of by such traffic violations bureau. Where a defendant demands a trial on a traffic violation, it shall be tried before a judge of the court which established the traffic violations bureau. The request for a trial shall not result in a loss of jurisdiction by the traffic violations bureau." "40-13-62. When any person cited for a traffic violation pursuant to this article fails to appear in court on the date specified in the citation and in accordance with his written promise to appear, unless such person has posted a cash bond as provided in this article, the traffic violations bureau thereupon loses jurisdiction and the citation shall be forwarded to the prosecuting attorney of the court who shall have an accusation issued against such person, and Upon motion of the prosecuting attorney, a bench warrant shall issue based on the accusation for the arrest of the defendant. The defendant's case shall be docketed by the clerk of the court and handled as all other misdemeanors."
Section 30. Said title is further amended by striking Code Sections 40-14-7 and 40-14-8 in their entirety and inserting in lieu thereof new Code Sections 40-14-7 and 40-14-8 to read as follows:
"40-14-7. No stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is t visible te obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.
40-14-8. (a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device except i properly marked school zones
in properly marked residential districts, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour; and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.
(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts."
Section 31. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 32. All laws and parts of laws in conflict with this Act are repealed.

Representative Jackson of the 9th moved that the House adopt the report of the Committee of Conference on HB 245.
On the motion, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 24, 1992

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett,M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connetl Y Culbreth Y Cummings,B
Cummings.M Davis.D Y Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Edwards Y Elliott Y Felton Kennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris,.)

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson
Jamieson Y" Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills
Y Mobley Y' Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster \' Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

On the motion, the ayes were 152, nays 0. The motion prevailed.

1433
Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

Representative Cummings of the 134th gave notice that at the proper time she would move that the House reconsider its action in giving the requisite constitutional majority to HB 1769.

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

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1723 Do Pass HB 1747 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:

1434

JOURNAL OF THE HOUSE,

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 1821 Do Pass SB 536 Do Pass, by Substitute
Respectfully submitted, /s/ Pinkston of the 100th
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 1392 Do Pass
Respectfully submitted, /s/ Balkcom of the 140th
Chairman

Representative Smyre of the 92nd 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 560 Do Pass HR 863 Do Pass
Respectfully submitted, /s/ Smyre of the 92nd
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 1549 Do Pass, by Substitute
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:

MONDAY, FEBRUARY 24, 1992

1435

Mr. Speaker:
Your Committee on Legislative & Congressional Reapportionment 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 705 Do Pass, by Substitute
Respectfully submitted, 1st Manner of the 131st
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 1753 Do Pass HB 1754 Do Pass SB 92 Do Pass SB 108 Do Pass, by Substitute

SB 122 Do Pass SB 149 Do Pass SB 341 Do Pass

Respectfully submitted, /s/ Cummings of the 17th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 924 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1179 Do Pass SB 643 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman

1436

JOURNAL OF THE HOUSE,

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

HR 951. By Representatives Hamilton of the 124th and Valenti of the 52nd:
A resolution commending the Insurance Department of the State of Georgia and the State Health Benefit Plan of the State Merit System of Personnel Administration.
Referred to the Committee on Health & Ecology.

The following communication was received:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons who have registered in the Docket of Legislative Appearance as of February 21, 1992, in accordance with Georgia Law 1970, page 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 21st day of February, in the year of our Lord One Thousand Nine Hundred and Ninety-Two and of the Independence of the United States of America the Two Hundred and Sixteenth.

(SEAL)

/s/ Max Cleland Secretary of State

David Aronofsky (1530) 1050 Connecticut Avenue, N.W. Washington, DC 20036 International Finance
Corporation
Billy 0. Burk (1539) 1105 North 5th Avenue Rome, GA 30161 Ga. OB-GYN Society
Cindia Cameron (1531) 250 10th St. NE. #107 Atlanta, GA 30309 Georgia Coalition for Family
and Medical Leave 9 To 5, National Association
of Working Women
Hazel C. Cotney (1536) 142 Mitchell Street, SW Suite LL1 Atlanta, GA 30303 Georgia Chiropractic Association

Richard M. Cowart (1533) P.O. Box 806 Valdosta, GA 31603-0806 Council of State Court
Judges of Ga. State Court of Lowndes County
Paul Phillip Day (1529) 2179 Northlake Parkway Suite 115 Tucker, GA 30080 Georgia Independent Automobile
Dealers Association
Walter E. Disher (1549) 438 Fieldstone Court Lilburn, GA 30247 Professional Dynamics,
Inc-Medical Concerns
Paul J Emrick (1528) 1100 15th St., N.W. Suite 900 Washington, DC 20005 Pharmaceutical Manufacturers
Association

MONDAY, FEBRUARY 24, 1992

1437

Lowell Fine (1544) 245 Peachtree Center Avenue Atlanta, GA 30303 Johnson & Johnson Alemlick, Fine & Callner, P.A.
Terry Foster (1532) P.O. Box 54167 Atlanta, GA 30308 L.E.G.A.L.
Glenn P. Hendrix (1540) 55 Park Place Suite 400 Atlanta, GA 30335 Ga. Nursing Home Association
Linda C. Jones (1541) 373 Augusta Avenue, S.E. Atlanta, GA 30315 Atlanta Audubon Society
Denise Cleveland Leggett (1546) 300 Financial Center South 3333 Peachtree Road, N.E. Atlanta, GA 30324 State Ethics Commission
Joe H. McKenzie, Jr. (1537) Post Office Box 37 Gordon, GA 31031 Engelhard Corporation

David S. Morrison (1543) 1240 Johnson Ferry Road A-50 Marietta, GA 30068 Legisletter, Inc. Global Telcoin, Inc. Williams Morrison Agency
Georgia B. Murphy (1535) 161 Spring Street Atlanta, GA 30303 Ga. Chiropratic Association
J. David Porter (1545) P.O. Box 7354 Atlanta, GA 30357-0354 JDP Group Legal
David L. Ratley (1534) P.O. Box 1036 Macon, GA 31202-1036 3rd Judicial Admin.
District of Ga. Superior Courts of 3rd Admin.
Judicial District of Ga.
Velma Cowen Tilley (1547) P.O. Box 534 Cartersville, GA 30120 State Ethics Commission

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.

1438

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 25, 1992

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 Atkins
Baker
Balkcom
Barfoot Barnett.B
Barnett.M Bates Beatty Benefield
Birdsong Bordeaux
Branch Breedlove
Brooks
Brown
Brush
Buck
Buckner
Byrd Campbell Carrell Carter
Chafin Clark.E Clark.L
Coker

Coleman Colwell Connell Culbreth Cummings.B Cummings,M Davis.D Davis.G Dobbs Dover Edwards
Elliott Fennel Floyd.J.M Godbee Goodwin
Greene
Griffin
Groover
Hamilton
Hammond
Harris.B
Harris.J Heard Herbert
Holland
Holmes

Howard Hudson Irwin Jackson Jamieson Jenkins Jones Kilgore Klein Ladd Lane.D Lane.R Langford Lawrence Lawson
Lee Lord Mann Martin McBee McCoy McKelvey McKinney,! Meadows Merritt Milam Mills

Moody Morsberger Moultrie Mueller Oliver.C Oliver.M Orr Padgett Parham Parrish Pelote Pettit Pinholster Poag Poston
Powell.A
Powell.C
Presley
Purcell
Randall
Ray Reaves Ricketson Royal Selman Sherrill
Simpson

Skipper Smith,L
Smith,?
Smith.W
Snow Stancil.F Stancil.S Streat Taylor
Teper Thomas,M Thomas,N Thurmond Titus Tolbert
Turnquest
Twiggs Valenti
Vaughan Wall Watson
Watts White Williams.B
Williams.R
Yeargin
Murphy.Spkr

The following members were off the floor of the House when the roll was called:
Representatives Lucas of the 102nd, Flynt of the 75th, Dunn of the 73rd, Henson of the 57th, Walker of the 113th, Wilder of the 21st, Blitch of the 150th, Kingston of the 125th, Davis of the 45th, Chambless of the 133rd, Golden of the 148th, Banner of the 131st, Cheeks of the 89th, Sinkfield of the 37th, Thomas of the 69th, Orrock of the 30th, Perry of the 5th, Felton of the 22nd, Dixon of the 128th, Childers of the 15th, Smith of the 152nd, Bargeron of the 108th and Smyre of the 92nd.
They wish to be recorded as present.

Prayer was offered by the Reverend Martha Sterne, All Saints Episcopal Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

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.

TUESDAY, FEBRUARY 25, 1992

1439

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 1860. By Representatives Holland of the 136th, Skipper of the 116th, Poston of the 2nd and Pinholster of the 8th: A bill to amend Part 4 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to false advertising, so as to provide that no person shall advertise professional services, in an untrue, fraudulent, or misleading manner; to authorize the Governor's Office of Consumer Affairs to investigate certain such advertising.
Referred to the Committee on Industry.
HB 1861. By Representative Floyd of the 135th: A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change membership on the board of trustees of the county law library of each county.
Referred to the Committee on Special Judiciary.

HB 1862. By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from staggered to concurrent.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1863. By Representatives Thomas of the 69th, Simpson of the 70th and Cauthorn of the 20th:
A bill to amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to simple battery, so as to provide for the offense of simple battery in a courtroom.
Referred to the Committee on Judiciary.

HB 1864. By Representative Moultrie of the 93rd:
A bill to amend an Act entitled "An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Harris County;" so as to repeal the requirement for competitive bidding on all materials, equipment and supplies purchased by the Board of Education of Harris County.
Referred to the Committee on State Planning & Community Affairs - Local.

1440

JOURNAL OF THE HOUSE,

HB 1865. By Representatives Milam of the 81st and Davis of the 77th:
A bill to provide for homestead exemptions from Troup County ad valorem taxes for county purposes and from Troup County School District ad valorem taxes for educational purposes for certain residents of that county and school district.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1866. By Representative Mann of the 6th:
A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to state jurisdiction over certain misdemeanor defendants, designation of place of confinement, reimbursement of county for incarceration costs, and transfer of inmates to federal authority, so as to provide for an annual increase in the rate of reimbursement to counties for incarceration costs until the rate is equivalent to the cost of incarceration per inmate to the state.
Referred to the Committee on State Institutions & Property.

HB 1867. By Representatives Ricketson of the 82nd and Smith of the 16th:
A bill to amend Code Section 48-5-7.5 of the Official Code of Georgia Annotated, relating to assessment of standing timber, so as to make reports to tax assessors subject to disclosure under Article 4 of Chapter 18 of Title 50.
Referred to the Committee on Ways & Means.

HB 1868. By Representatives Hammond of the 20th, Sherrill of the 47th, Flynt of the 75th and Irwin of the 57th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that the birthdate on a driver's license shall be highlighted in color; to authorize the renewal of drivers' licenses by mail under certain conditions.
Referred to the Committee on Motor Vehicles.

HB 1869. By Representative Sherrill of the 47th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds under the Quality Basic Education Program, so as to change the manner of calculating the local fair share of county and independent school systems.
Referred to the Committee on Education.

HB 1870. By Representatives Dunn of the 73rd, 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 for the comprehensive revision of provisions relating to the licensing of insurance agents, solicitors, brokers, counselors and adjusters.
Referred to the Committee on Insurance.

TUESDAY, FEBRUARY 25, 1992

1441

HB 1871. By Representatives Cummings of the 17th, Smith of the 16th, Kilgore of the 42nd, Watson of the 114th, Watts of the 41st 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 provide that American sign language shall be considered to be a foreign language for the purposes of fulfilling the requirements of the college preparatory curriculum.
Referred to the Committee on Education.

HB 1872. By Representatives Dobbs of the 74th, Colwell of the 4th, Twiggs of the 4th and Sherrill of the 47th:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Management Act," so as to change the provisions relating to the state collection program; to authorize the Georgia Building Authority to establish and coordinate a state-wide recycling program for state agencies.
Referred to the Committee on Natural Resources & Environment.

HB 1873. By Representatives Kilgore of the 42nd and Watson of the 114th:
A bill to amend Article 3 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to the special quick start training program, so as to change the provisions relating to the establishment of such program and the purposes thereof.
Referred to the Committee on Education.

HB 1874. By Representative Thurmond of the 67th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Jobs Creation Authority; to authorize the creation of 25,000 new jobs in the state for homeless and unemployed persons.
Referred to the Committee on Appropriations.

HB 1875. By Representatives Aiken of the 21st, Moody of the 153rd and Sinkfield of the 37th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the practice of denturitry; to create the Georgia Board of Denturist Examiners and to provide for its members, their terms of office, qualifications, eligibility, powers, duties, authorities, and the manner of filling vacancies.
Referred to the Committee on Health & Ecology.

HB 1876. By Representatives Smith of the 16th and Childers of the 15th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide that the county manager shall make recommendations to the board relating to the appointment of future heads of county departments.
Referred to the Committee on State Planning & Community Affairs - Local.

1442

JOURNAL OF THE HOUSE,

HB 1877. By Representatives Presley of the 36th, Lawrence of the 49th, Lane of the 27th, Pinholster of the 8th, Benefield of the 72nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal Chapter 6 of said title, relating to taxation of intangibles; to change certain provisions relating to definitions regarding revenue and taxation; to amend Code Section 7-1-601 of the Official Code of Georgia Annotated, relating to branch banks, so as to delete certain references to provisions of Chapter 6 of Title 48.
Referred to the Committee on Ways & Means.

HB 1878. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend Code Section 48-5-148 of the Official Code of Georgia Annotated, relating to interest on unpaid ad valorem taxes, rate, and records of interest and taxes collected, so as to change the provisions relating to population brackets and the census relative to interest on unpaid ad valorem taxes in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1879. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act providing for a board of elections in certain counties, so as to change the provisions relative to population and census.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1880. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend Code Section 48-5-492 of the Official Code of Georgia Annotated, relating to issuance of mobile home location permits, so as to change the provisions relating to population brackets and the census relative to the time for obtaining a permit in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1881. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to repeal an Act providing for a board of elections in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1882. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to regulation of sales of alcoholic beverages on Sunday, so as to change the population bracket.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 25, 1992

1443

HB 1883. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend Code Section 48-5-301 of the Official Code of Georgia Annotated, relating to time for presentation of returns by a tax receiver or tax commissioner, so as to change the provisions relating to population brackets and the census relative to presentation of tax returns in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1884. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and their judges, so as to remove the population provision prohibiting such judges' practice of law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1885. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to applications for homestead exemptions, so as to change a population bracket so as to exclude Carroll County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1886. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to time for making tax returns, so as to repeal two subsections containing population brackets that are applicable to Carroll County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1887. By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1888. By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th:
A bill to amend an Act creating a board of education of Madison County, so as to provide new education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1889. By Representatives Lawson of the 9th, Orr of the 9th and Jackson of the 9th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to authorize the creation of additional boards of equalization in each county of this state having a population of 94,000 or more according to the United States decennial census of 1990 or any future such census.
Referred to the Committee on State Planning & Community Affairs - Local.

1444

JOURNAL OF THE HOUSE,

HB 1890. By Representatives Lawson of the 9th, Jackson of the 9th and Orr of the 9th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to provide that counties may elect to have one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1891. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th:
A bill to amend Code Section 48-5-492 of the Official Code of Georgia Annotated, relating to issuance of mobile home location permits, so as to change the provisions relating to population brackets and the census relative to the time for obtaining a permit in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1892. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th:
A bill to amend Code Section 48-5-301 of the Official Code of Georgia Annotated, relating to time for presentation of returns by a tax receiver or tax commissioner, so as to change the provisions relating to population brackets and the census relative to presentation of tax returns in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1893. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to change the provisions relating to population brackets and the census relative to the time for making tax returns in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1894. By Representatives McBee of the 68th, Thurmond of the 67th and Clark of the 13th:
A bill to amend Code Section 48-5-148 of the Official Code of Georgia Annotated, relating to interest on unpaid ad valorem taxes, rate, and records of interest and taxes collected, so as to change the provisions relating to population brackets and the census relative to interest on unpaid ad valorem taxes in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1895. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th:
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 change the provisions relating to population brackets and the census relative to taxation of mobile homes and the return thereof for taxation in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 25, 1992

1445

HB 1896. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to applications for homestead exemptions, so as to change the provisions relating to population brackets and the census relative to applications for homestead exemptions in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1897. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th:
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 population brackets and the census relative to the time for completion of revision and assessment of returns in certain counties.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1898. 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 change the provisions relating to the mayor pro tern.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1899. By Representative Twiggs of the 4th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to rates and underwriting rules, so as to provide for premium reduction for employees and their families attending approved employer provided courses.
Referred to the Committee on Insurance.

HB 1900. By Representatives Cheeks of the 89th and Padgett of the 86th:
A bill to amend Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relating to child support receivers, so as to require the collection of court costs and service fees.
Referred to the Committee on Judiciary.

HB 1901. By Representatives Clark of the 20th, Jones of the 71st, Klein of the 21st and Hamilton of the 124th:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that Georgia Board of Education Rule 160-5-1-.18 Extracurricular shall not apply to students in grades six through eight except for interscholastic athletic activities.
Referred to the Committee on Education.

HR 937. By Representative Hammond of the 20th:
A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States to prohibit Congress from expending public revenues to subsidize private industry and commerce without a national referendum.
Referred to the Committee on Ways & Means.

1446

JOURNAL OF THE HOUSE,

HR 938. By Representative Lane of the 27th: A resolution to create the Study Committee on Professional Tax Equity.
Referred to the Committee on Rules.

HR 939. By Representative Thurmond of the 67th:
A resolution authorizing the conveyance of certain interests in state owned real property located in Clarke County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 946. By Representatives Barfoot of the 120th, Murphy of the 18th, Godbee of the 110th, Edwards of the 112th, Clark of the 13th and others:
A resolution designating the Edward C. Moses Highway.
Referred to the Committee on Transportation.

HR 947. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th:
A resolution urging the amendment of the federal Commercial Motor Vehicle Safety Act of 1986.
Referred to the Committee on Motor Vehicles.

HR 948. By Representative Hamilton of the 124th:
A resolution relative to a Georgia At-risk Children, Youth, and Family Services Inventory.
Referred to the Committee on Health & Ecology.

HR 949. By Representatives Dunn of the 73rd, Murphy of the 18th, Lee of the 72nd, Buck of the 95th, Reaves of the 147th and others:
A resolution relative to the placing of a portrait of the Honorable James Crawford Ware in the north anteroom of the House of Representatives; to invite Mrs. Louise Dye Ware to appear before the House of Representatives.
Referred to the Committee on Rules.

HR 950. By Representatives Alford of the 57th, Lane of the lllth and Dobbs of the 74th:
A resolution creating the Joint Study Committee on Alternative Fuels.
Referred to the Committee on Rules.

HR 955. By Representative Padgett of the 86th: A resolution compensating Ms. Rosa L. Bedell.
Referred to the Committee on Appropriations.

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

TUESDAY, FEBRUARY 25, 1992

1447

HB 1841 HB 1842 HB 1845 HB 1846 HB 1847 HB 1848 HB 1849
nD iOOO
HB 1859 HR 931
HR 935 HR 951
SB 550 SB 568 SB 579

SB 585
SB 604
SB 627 SB 635 SB 644
SB 646 SB 67Q

OTJ

cnn

H ti

679 b82

SB 683

SB 684

SB 689

SB 712 SB 713

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 897 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 1398 Do Pass HB 1818 Do Pass HB 1831 Do Pass

HB 1411 Do Pass, by Substitute HB 1553 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 25, 1992
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:
HB 124 Waste management; toxic heavy metals in packaging

1448

JOURNAL OF THE HOUSE,

HB 573 HB 1124 HB 1170 HB 1263 HB 1279 HB 1282 HB 1392 HB 1400 HB 1453 HB 1476 HB 1607 HB 1658 HB 1706 HB 1747

Special facilities by DHR; cert notification required Tax assessments; appeals; utilize county appraisal staff Inmates; medical services; reimbursement Ad valorem tax; boats; tax registration decals Ad valorem tax; heavy-duty construction equipment Limousine carriers; Public Service Commission regulate Game and Fish Code; amend fee provisions State depositories; cash management policies Parks, etc.; violations of rules and regulations; procedure Cert insurance rates; adverse exp modification factors; restriction Sentencing; probation; amend provisions Educational assistance program; Labor Department personnel Bonds; release of surety; surrender of principal Labels; agricultural seeds; show year produced

HR 715 Ad valorem tax; heavy-duty equip motor veh; classification - CA HR 839 Riley C. Thurmond Bridge; designate

SB 705 Reapportionment; congressional districts

SR 377 Baldwin County; grant easement SR 379 Rabun County; grant easement SR 417 Crisp County; grant easement

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

HB 1398.

By Representative Thomas of the 31st:
A bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor general of said circuit, so as to provide that the salaries of assistant district attorneys in the Atlanta Judicial Circuit shall be fixed by the district attorney at not less than $10,000.00 nor more than $63,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1818.

By Representatives Watson of the 114th and Walker of the 115th:
A bill to amend an Act providing for a board of elections in counties having a population of not less than 60,000 and not more than 65,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 2.

TUESDAY, FEBRUARY 25, 1992

1449

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

HB 1831.

By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:
A bill to amend an Act providing for the method of filling vacancies in the membership of the Hospital Authority of Floyd County, 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 ayes were 132, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1411.

By Representatives Lane of the 27th, Selman of the 32nd, McKinney of the 35th, Davis of the 29th, Felton of the 22nd and others:
A bill to provide a homestead exemption from all Fulton 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 are 70 years of age or over.

The following Committee substitute was read and adopted:

A BILL
To provide a homestead exemption from all Fulton 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 are 70 years of age or over and whose gross income together with the gross income of the spouse who also resides at such homestead does not exceed $26,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For purposes of this Act, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for
educational purposes levied by, for, or on behalf of the Fulton County School District, including but not limited to taxes to retire school bond indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.
Section 2. Each resident of the Fulton County School District who is 70 years of age or over is granted an exemption on that person's homestead from all Fulton County School District ad valorem taxes for educational purposes for the full value of that homestead, if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed $26,000.00. As used in this section, the term "adjusted gross income" shall have the same meaning as defined in the United States Internal Revenue Code of 1986.
Section 3. (a) A person shall not receive the homestead exemption granted by Section 2 of this Act unless the person or person's agent files an affidavit with the tax commissioner of Fulton County giving the person's age and the amount of income which the person and the person's spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving such exemption as will enable

1450

JOURNAL OF THE HOUSE,

the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.
(b) Applications for the homestead exemption provided for by this section shall be processed in the same manner as other applications for homestead exemptions, and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affidavit as provided in subsection (a) of this section, it shall not be necessary to make application and file the said affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section.
(c) The homestead exemption granted by this section shall be cumulative of any other homestead exemption applicable to Fulton County School District ad valorem taxes for educational purposes. The homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 1992.

Section 4. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes.

Section 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Fulton County School District for approval or rejection. The election superintendent shall conduct that election at the time of the state-wide November general election in 1992 and shall issue the call therefor not less than 30 nor more than 45 days prior to the date of the election so called. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from all school ad valorem taxes levied for the Fulton County School District for residents of that district who are 70 years of age or over and whose gross income, together with the gross income of the spouse residing at the same homestead, does not exceed $26,000.00?"

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 Sections 1 through 4 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 4 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following the date of such election.
The expense of such election shall be borne by Fulton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 6. All laws and parts of laws in conflict with this Act are repealed.

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

Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Y Balkcom

Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Y Birdsong

Blitch Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks Brown
Y Brush

Y Buck Y Buckner
Byrd Y Campbell
Canty Y Carrell Y Carter
Y Cauthorn

Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Y Coleman

TUESDAY, FEBRUARY 25, 1992

1451

Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G
Davis.M Dixon.H Dixon.S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel
Y FIoyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden
Y Goodwin E Green
Y Greene Y Griffin Y Groover
Y Hamilton

Y Hammond Manner
Y Harris.B Y Harris,J Y Heard
Henson Y Herbert Y Holland Y Holmes Y Howard
Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein Y Ladd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long

Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry

Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith, W
Smyre Y Snow Y Stancil.F

Y Stancil.S Stanley
N Streat Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson
Y Watts N White
Wilder Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 132, nays 2.
The Bill, having received the requisite two-thirds 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 Streat of the 139th inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1553. By Representatives Felton of the 22nd, Townsend of the 24th, McKinney of the 35th and Thomas of the 31st:
A bill to provide a homestead exemption from all Fulton County ad valorem taxes in an amount of $4,000.00 of the assessed value of such homestead for certain residents of Fulton County in 1993; to provide that such amount shall increase $2,000.00 each year after that until it reaches $10,000.00 in 1996.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1553 by adding at the end of line 26 of page 2 the following:
"The exemption granted by Section 2 of this Act shall not apply to or affect any taxes levied to retire bonds, indebtedness, state taxes, or municipal taxes."

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:

Abernathy Adams Y Aiken

Y Alford Y Ashe Y Atkins

Y Baker Y Balkcom
Barfoot

Y Bargeron Y Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield

1452
Y Birdsong Blitch Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush Y Buck Y Buckner Byrd Y Campbell Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Cummings,M Y Davis.D Y Davis.G Davis.M

JOURNAL OF THE HOUSE,

Dixon.H Dixon.S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris,J Y Heard Henson Y Herbert Y Holland Y Holmes Y Howard Hudson Y Irwin Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller

Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Ray Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith.L Y Smith.P

Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley N Streat
Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts N White
Wilder Williams.B Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 132, nays 2.
The Bill, having received the requisite two-thirds 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 "aye" thereon.

Representative Streat of the 139th 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 passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 468. By Senator Kidd of the 25th:
A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the creation of the Composite State Board of Medical Examiners, so as to provide for certain expense allowances, mileage allowances, and reimbursement for members of the Physician's Assistants Advisory Committee.

TUESDAY, FEBRUARY 25, 1992

1453

SB 595. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to create the Georgia Emergency Management Agency as a separate agency and successor to the Emergency Management Division, Department of Defense; to provide for the director of emergency management; to assign the agency to the Office of Planning and Budget for administrative purposes only; to abolish the position of executive director of emergency management.

SB 607. By Senators Ragan of the 32nd and Clay of the 37th:
A bill to amend Code Section 48-5-7.3 of the Official Code of Georgia Annotated, relating to landmark historic property, so as to provide that residential property shall be considered landmark historic property if it meets such criteria.

SB 622. By Senators Clay of the 37th, Newbill of the 56th and Ragan of the 32nd:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that a student shall not be eligible to participate in extracurricular athletics unless such student maintains a passing grade on the subjects being taken.

SB 693. By Senators Perdue of the 18th, Johnson of the 47th and Garner of the 30th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and other health care facilities, so as to provide that the Department of Human Resources shall promulgate procedures to govern the granting of waivers for personal care homes.

HB 1151. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Taylor of the 94th, Harris of the 96th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Springer Opera House as the official Georgia state theater.

HB 1233. By Representatives Jamieson of the llth, Jackson of the 9th, Greene of the 130th, Bostick of the 138th, Reaves of the 147th and others:
A bill to amend Code Section 50-8-150 of the Official Code of Georgia Annotated, relating to the creation of the State Advisory Committee on Rural Development, so as to change the number of committee members.

HB 1236. By Representatives Coleman of the 118th, Edwards of the 112th, Murphy of the 18th, Buck of the 95th, Barfoot of the 120th and others:
A bill to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to provide that each county governing authority may authorize, through proper resolution or ordinance, the creation of a county police force, provided that such resolution or ordinance is approved by the qualified electors of the county voting in a special election thereon.

1454

JOURNAL OF THE HOUSE,

SB 726. By Senator Deal of the 49th:
A bill to amend an Act creating the State Court of Hall County, as amended, so as to provide for the appointment and compensation of an associate state court judge.

HB 1465.

By Representative Mobley of the 64th:
A bill to amend an Act providing authority for members of the Board of Education of Barrow County, so as to reapportion the education districts.

HB 1495.

By Representative Perry of the 5th:
A bill to amend an Act to create the Board of Commissioners of Chattooga County, so as to provide new commissioner districts.

HB 1623. By Representative Twiggs of the 4th: A bill to create the Clayton-Rabun County Water and Sewer Authority.

HB 1704. By Representatives Childers of the 15th and McKelvey of the 15th:
A bill to provide a homestead exemption from Floyd County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of that homestead for certain residents of that county.

HB 1705. By Representatives Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the amount of the exemption.

HB 1707.

By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to create a public body corporate and politic and instrumentality of the County of Rabun, to be known as the Rabun County Economic Development Authority.

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

SR 443. By Senators Deal of the 49th, Foster of the 50th, Johnson of the 47th and others:
A resolution creating the Joint Study Commission on Revenue Structure.

SR 444. By Senators Perry of the 7th, Kidd of the 25th and Ray of the 19th:
A resolution urging Congress and the Secretary of the Department of Veterans Affairs to oppose and prevent any attempt to allow nonveterans the use of veterans' medical facilities.

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

TUESDAY, FEBRUARY 25, 1992

1455

SB 468. By Senator Kidd of the 25th:
A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the creation of the Composite State Board of Medical Examiners, so as to provide for certain expense allowances, mileage allowances, and reimbursement for members of the Physician's Assistants Advisory Committee.
Referred to the Committee on Health & Ecology.

SB 595. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to create the Georgia Emergency Management Agency as a separate agency and successor to the Emergency Management Division, Department of Defense; to provide for the director of emergency management; to assign the agency to the Office of Planning and Budget for administrative purposes only; to abolish the position of executive director of emergency management.
Referred to the Committee on Defense & Veterans Affairs.

SB 607. By Senators Ragan of the 32nd and Clay of the 37th:
A bill to amend Code Section 48-5-7.3 of the Official Code of Georgia Annotated, relating to landmark historic property, so as to provide that residential property shall be considered landmark historic property if it meets such criteria.
Referred to the Committee on State Planning & Community Affairs.

SB 622. By Senators Clay of the 37th, Newbill of the 56th and Ragan of the 32nd:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that a student shall not be eligible to participate in extracurricular athletics unless such student maintains a passing grade on the subjects being taken.
Referred to the Committee on Education.

SB 693. By Senators Perdue of the 18th, Johnson of the 47th and Garner of the 30th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and other health care facilities, so as to provide that the Department of Human Resources shall promulgate procedures to govern the granting of waivers for personal care homes.
Referred to the Committee on Health & Ecology.

SB 726. By Senator Deal of the 49th:
A bill to amend an Act creating the State Court of Hall County, as amended, so as to provide for the appointment and compensation of an associate state court judge.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

SR 443. By Senators Deal of the 49th, Foster of the 50th, Johnson of the 47th and others:
A resolution creating the Joint Study Commission on Revenue Structure.
Referred to the Committee on Rules.

SR 444. By Senators Perry of the 7th, Kidd of the 25th and Ray of the 19th:
A resolution urging Congress and the Secretary of the Department of Veterans Affairs to oppose and prevent any attempt to allow nonveterans the use of veterans' medical facilities.
Referred to the Committee on Defense & Veterans Affairs.

Representative Cummings of the 134th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1769. By Representatives Perry of the 5th, Barnett of the 10th, Greene of the 130th and Coker of the 21st:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for deductions from money credited to the account of an inmate to defray the costs paid by a municipality or county for certain medical treatment requested by an inmate or to repay the costs of destruction of public property by an inmate, medical treatment for injuries inflicted by an inmate upon himself or others, searching and apprehending an inmate who has escaped or attempted to escape.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy N Adams N Aiken
Alford N Ashe N Atkins
Baker Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M
N Bates N Beatty N Benefield N Birdsong
Blitch N Bordeaux
Bostick N Branch N Breedlove Y Brooks Y Brown
Brush NBuck
N Buckner NByrd N Campbell
Canty N Carrell
Carter N Cauthorn N Chafin
Chambless Y Cheeks
Childers

N Clark.E N Clark.L N Coker
Coleman N Colwell N Connell N Culbreth
Cummings,B Y Cummings,M
N Davis.D Y Davis.G
Davis.M Dixon.H Dixon.S Dobbs N Dover N Dunn N Edwards N Elliott Felton Fennel N Floyd,J.M N Floyd.J.W N Flynt
N Godbee N Golden N Goodwin
E Green N Greene N Griffin N Groover N Hamilton N Hammond N Manner N Harris.B N Harris,J

N Heard N Henson N Herbert N Holland
Holmes Y Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing
N Kingston N Klein
NLadd Lane.D
N Lane.R N Langford N Lawrence N Lawson
NLee N Long
Lord
Y Lucas N Mann Y Martin N McBee N McCoy N McKelvey
McKinney.B McKinney.C N Meadows Y Merritt N Milam

N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett N Parham N Parrish
Patten Y Pelote N Perry
Pettit N Pinholster
Pinkston YPoag
Porter Poston N Powell.A Y Powell.C N Presley N Purcell Y Randall NRay
Reaves Redding N Ricketson
N Royal N Selman N Sherrill
N Simpson Sinkfield

N Skipper N Smith.L N Smith.P
Smith.T N Smith.W
Smyre N Snow Y Stancil.F
N Stancil.S Stanley
N Streat Y Taylor Y Teper N Thomas.C Y Thomas.M
Thomas.N N Thurmond N Titus N Tolbert N Townsend Y Turnquest N Twiggs
Y Valenti N Vaughan N Walker.J
Walker.L N Wall N Watson N Watts Y White N Wilder N Williams.B
Williams,J N Williams.R N Yeargin
Murphy,Spkr

TUESDAY, FEBRUARY 25, 1992

1457

On the motion, the ayes were 23, nays 115. The motion was lost.

Representative Thurmond of the 67th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

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

HR 924. By Representatives Vaughan of the 20th, Clark of the 20th, Hammond of the 20th, Cauthorn of the 20th, Atkins of the 21st and others:
A resolution congratulating the McEachern High School wrestling team and inviting the members of the team, Coach Pritz, and Assistant Coach Gossett 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 and Senate were taken up for consideration and read the third time:

HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others:
A resolution proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles.

The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles owned by nonresidents and operated in this state may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (b)(2) in its entirety and inserting in lieu thereof a new subparagraph (b)(2) to read as follows:
"(2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties:
(A) Motor vehicles, including trailers but excluding heavy-duty equipment motor vehicles owned by nonresidents and operated in this state.
(B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation.
(C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state."

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JOURNAL OF THE HOUSE,

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

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that heavy-duty equipment motor vehicles owned by nonresidents and operated in this state may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles?"

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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Beatty
Y Benefield Y Birdsong
Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell
Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L
Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Cummings,B Cummings.M
Y Davis.D
Y Davis.G Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
E Green Greene
Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard
Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin
Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
YLong Lord
Y Lucas YMann
Y Martin McBee
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Merritt Y Milam

Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit
Pinholster Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith,L
Smith.P Smith.T Y Smith,W Smyre YSnow Y Stancil.F Stancil.S Stanley Y Streat Y7 Taylor Y Teper Y Thomas.C Y Thomas.M Thomas.N Y Thurmond Y Titus Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L Y Wall
Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Williams.R Y Yeargin Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 143, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

Representatives Stancil of the 8th and Greene of the 130th 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.

TUESDAY, FEBRUARY 25, 1992

1459

HB 1279.

By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others:
A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide for the ad valorem taxation of heavy-duty equipment used for construction purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide that certain heavy-duty equipment used for construction purposes which is owned by a nonresident and operated in this state after January 1 of any year and which was brought into Georgia from a state which subjects to taxation heavy-duty equipment owned by residents of this state and taken into such other state after the initial tax assessment date in such other state shall be subject to ad valorem taxation the same as if such heavy-duty equipment had been held or owned in this state on January 1, except that such ad valorem tax shall be prorated with respect to the number of months remaining in the year; to define certain terms; to provide for applicability; to provide an effective date conditioned upon the ratification of a certain constitutional amendment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by striking in its entirety paragraph (3) of Code Section 48-5-440, relating to definitions used in said article, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Motor vehicle' means a vehicle which is designed primarily for use upon the public roads. Such term shall not include heavy-duty equipment as defined in paragraph (2) of Code Section 48-5-500 which is owned by a nonresident and operated in this state."
Section 2. Said article is further amended by adding at the end thereof a new Part 4 to read as follows:
"Part 4
48-5-500. As used in this part, the term: (1) 'Construction purposes' does not include mining activities or the transportation
of materials used in or produced by forestry activities. (2) 'Heavy-duty equipment' means any motor vehicle used primarily off the open
road for construction purposes, but shall include all road construction equipment whose gross weight exceeds 16,000 pounds, but shall not include inventory on hand for sale by duly licensed heavy-duty equipment dealers. 48-5-501. Except as exempted by law, heavy-duty equipment used for construction purposes which is owned by a nonresident and operated in this state after January 1 of any year and which was brought into Georgia from a state which subjects to taxation heavy-duty equipment owned by residents of this state and taken into such other state after the initial tax assessment date in such other state shall be subject to ad valorem taxation the same as if such heavy-duty equipment had been held or owned in this state on January 1, except that such ad valorem tax shall be prorated with respect to the number of months remaining in the year."
Section 3. The provisions of this Act shall become effective on January 1, 1993; provided, however, that the provisions of this Act shall only become effective on the above

1460

JOURNAL OF THE HOUSE,

date upon the ratification of HR 715 at the November, 1992, general election, which amendment to the Constitution provides that heavy-duty equipment motor vehicles owned by nonresidents and operated in this state may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles.
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 Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown
Y Brush YBuck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G
Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee
Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson
Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein
YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord
Lucas YMann Y Martin
McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Merritt
Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Williams.R 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.

SR 417. By Senator Bowen of the 13th:
A resolution authorizing the grant of a road right of way easement on, over, and through certain state owned real property located in Crisp 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 Abernathy Adams Aiken
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett.B Barnett.M
Y Bates Beatty
Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

TUESDAY, FEBRUARY 25, 1992

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D
Davis,G Davis,M Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Edwards
Y Elliott Y Felton
Y Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green
Y Greene Griffin
Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J

Y Heard Y Henson
Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin
Jackson
Y Jamieson Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D
Y Lane.R Langford
Y Lawrence Y Lawson YLee
Long Lord Lucas YMann Y Martin McBee Y McCoy Y McKelvey McKinney,B McKinney,C Y Meadows Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield

1461
Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson
Watts Y White Y Wilder Y Williams.B
Williams.J Williams.R Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 137, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative 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 hour of convening the Joint Session pursuant to HR 814 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from Mr. Robert Edward Turner, III, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort, His Excellency, Governor Zell Miller, Mr. Robert Edward Turner, III, and his wife, Ms. Jane Fonda Turner, appeared upon the floor of the House. Mr. Turner addressed the Joint Session.
Senator Garner of the 30th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.
The Speaker Pro Tern called the House to order.

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

1462

JOURNAL OF THE HOUSE,

HB 1706. By Representative Randall of the 101st:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to the surrender of principal by surety when the court is in session; to change the provisions relating to when bond forfeiture occurs.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to the surrender of principal by surety when the court is in session; to change the provisions relating to when bond forfeiture occurs; to change the provisions relating to an execution hearing on failure of the principal to appear; to change the provisions relating to service of notice of the execution hearing; to change certain time limits; to provide for the filing of writs of fieri facias; to provide for applicability; to change the provisions relating to conditions not warranting a forfeiture of bond for failure to appear; to change the provisions relating to remission of forfeitures; to change the practices and procedures relating to forfeiture of bonds or recognizances; to repeal certain notice requirements; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking in its entirety Code Section 17-6-31, relating to the surrender of the principal by the surety, which reads as follows:
"17-6-31. When the court is not in session, a surety on a bond may surrender the surety's principal to the sheriff or to the responsible law enforcement officer of the jurisdiction in which the case is pending in order to be released from liability. When the court is in session, a surety on a bond may surrender the surety's principal in open court and the principal shall be considered surrendered by plea of guilty or nolo contendere to the court or if the principal is present in person when the jury or judge, if tried without a jury, finds the principal guilty or if the judge dead dockets the case prior to entry of judgment and, upon such plea or finding of guilty or dead docketing, the surety shall be released from liability. If the principal does not appear by the end of the day on which the principal was bound to appear, the bond shall be forfeited. The death of the principal shall be equivalent to a surrender.", and inserting in lieu thereof a new Code Section 17-6-31 to read as follows:
"17-6-31. When the court is not in session, a surety on a bond may surrender the surety's principal to the sheriff or to the responsible law enforcement officer of the jurisdiction in which the case is pending in order to be released from liability. When court is in session, a surety on a bond may surrender the principal in open court and upon such surrender the surety is relieved of liability. Upon surrender of principal if the bond has been forfeited or judgment entered, the forfeiture and judgment shall be set aside upon the surrender of the principal. The death of the principal shall be equivalent to a bond surrender."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 17-6-70, relating to when bond forfeiture occurs, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A bond forfeiture occurs immediately at the end of the court day upon the failure of appearance of a principal of any bond or recognizance given for the appearance of that person."
Section 3. Said chapter is further amended by striking in its entirety Code Section 17-6-71, relating to an execution hearing on failure of the principal to appear, and inserting in lieu thereof a new Code Section 17-6-71 to read as follows:

TUESDAY, FEBRUARY 25, 1992

1463

"17-6-71. (a) The judge shall, at the end of the court day, upon the failure of the principal to appear, forfeit the bond and order an execution hearing not sooner than 96 120 days but not later than 150 days after such failure to appear. Notice of the execution hearing shall be served within ten days of such failure to appear by certified mail to the surety at the address listed on the bond ot by personal service te the surety witfiiu ten dflys or sucn tQilurc to flppcor sn tts tiom^ otticc &f to its dcsi^riQiGd i?6gi9~ tcred agent.
(b) If at the execution hearing it is determined that judgment should be entered, the judge shall so order and a writ of fieri facias shall be filed in the office of the clerk of superior court in the county where such judgment is entered. The provisions of this subsection shall apply to all bail bonds, whether returnable to superior court, state court, probate court, magistrate court, or municipal court."
Section 4. Said chapter is further amended by striking in its entirety Code Section 17-6-72, relating to conditions not warranting forfeiture of a bond for failure to appear and remission of forfeiture, and inserting in lieu thereof a new Code Section 17-6-72 to read as follows:
"17-6-72. (a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the written and witnessed statement of a licensed physician that the principal on the bond was prevented from attending by some mental or physical disability.
(b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was detained by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia, or so detained in another jurisdiction, or because he or she was involuntarily confined or detained pursuant to court order in a mental institution in the State of Georgia or in another jurisdiction. An official written ad witnessed notice of the holding institution in which the principal is being detained or confined shall be considered adequate proof of the principal's detention or confinement and such notice may be sent by mail or delivered by hand or by facsimile machine. Upon the presentation of such written notice to the clerk of the proper court and the prosecutor having jurisdiction over the case, along with the payment tender of costs by the surety to the sheriff or other law enforcement officer necessary for the return of the principal, such notice shall serve as the surety's request for a detainer to be placed on the principal. Should there be a failure to place a detainer within 30 ten days^ Saturdays, Sundays, and legal holidays included, after such presentation and payment of costs, the surety shall then be relieved of liability for the appearance bond.
(c) If the prosecution does not try the charges against a defendant within a period of twe years one year in the case of felonies and ene year 180 days in the case of misdemeanors after the date of posting bond, judgment rendered after such period may not be enforced against the surety on the bond and the surety shall thereafter be relieved of liability on the bond. This provision shall not apply where the prosecution's failure to try the charges is due to the fault of the principal. Furthermore, the surety shall be released from liability if there is^
(1) A deferred sentence; (2) A presentence investigation; (3) An appeal; (4) A pretrial intervention program; (5) An educational and rehabilitation program; {&)__A fine; or (7) A dead locket. (d) No judgment shall be rendered on forfeiture ef- any appearance bond if it is shown to the satisfaction of the court that prior to the entry of judgment on the forfeiture the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. An official written notice of the sheriff or other responsible law enforcement officer having custody or detention of the principal shall be considered adequate proof of such custody or detention. Except in cases where the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency of the

1464

JOURNAL OF THE HOUSE,

jurisdiction in which forfeiture proceedings were commenced; pursuant te Code Section 17-6-70, presentation of- auch official written notice to the court clerk ad the proaccutor
return the principal shall act as a request that a detainer be placed against the principal. Upon the sheriff or other officer of the jurisdiction where the case is pending assuming custody of the principal, the surety shall be relieved of the bond obligation. Should the state fail to place a detainer within 36 ten days, Saturdays, Sundays, and legal holidays included, and after presentation and the payment of the estimated cost necessary to return the principal, the surety shall be relieved of the bond obligation.
(e) No judgment shall be rendered on any appearance bond if it is shown to the satisfaction of the court that the surety was prevented from returning the principal to the jurisdiction because such principal was on active military duty.
(f) In cases in which paragraph {} (4) of this subsection is not applicable, on application filed within 96 120 days from the payment of judgment, the court shall order remission under the following conditions:
(1) Except as otherwise provided in paragraph (2) of this subsection, provided Provided the bond amount has been paid at any time within 96 120 days after judgment
application to the court with prior notice te the prosecutor ef auch application, saidcourt person responsible for the collection of fines and forfeitures, that person 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 caused by the surety, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction in which the bond was made. Should the surety, within twe years ot trie T&iHire to flppcflr, loeftte tfte pnncipsi csusifi^ tne return of tne pnncipfli to trie jurisdiction where the bond was made, apprehend, surrender, produce, ef substantially
by the surety cauaca the adjudication ef- the principal i the juriadiction where the Dond wfl8 mtd*e tiie surety sfiflli fee entitled to & rctund of" Ov percent or trie oond psy~ mcnt case is pending. The application for 95 percent of remission shall be filed within 120 days from payment of the judgment;
(2) Provided the bond amount has been paid at any time within 120 days after judgment, upon application to the person responsible for the collection of fines and forfeitures, that person shall direct remission of 50 percent of the bond amount remitted to the surety if the surety locates within two years of the failure to appear the principal causing the return of the principal to the jurisdiction where the bond was made; apprehends, surrenders, or produces the principal, if the apprehension or surrender of the principal was substantially procured or caused by the surety; or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction in which the case is pending. The application for 50 percent of remission shall be filed no later than 30 days following the expiration of the two-year period following the date of judgment;
{2} (3) Remission shall be granted en the upon condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety; and
\o) 1x7 witnin yv days aitcr judgment^ tnc surety surrenders tnc principal to tnc sheriff, the surety shall only be required to pay costs a*el 6 percent ef the face amount ef the bond. K it is shown te the satisfaction ef the court, by- the presentation ef- com petent evidence Front tne siientl, tnst ssid surreRdcr nds oeen msde find tnflt & per~ cent of tne i&ond Eimount &nd 911 costs nflve Deen tendered to tile sneriii, tnc court

(4) If within 120 days after judgment, the surety locates the principal causing the return of the principal to the jurisdiction where the case is pending or apprehends, surrenders, or produces the principal. If the apprehension or surrender of the ;

TUESDAY, FEBRUARY 25, 1992

1465

was substantially procured or caused by the surety, or if the location of the principal by the surety causes adjudication of the principal in the jurisdiction in which the case is pending, the surety shall only be required to pay all costs. If it is shown to satisfaction of the person responsible for the collection of fines and forfeitures that all costs have been paid, that person shall issue a cancellation of judgment to be satisfied on the general execution docket and the writ of fieri facias shall be satisfied."
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 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 124. By Representatives Dobbs of the 74th, Bates of the 141st and Barfoot of the 120th:
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 regulation of toxic heavy metals in packaging waste.

The following Committee substitute was read and adopted:

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 regulation of toxic heavy metals in packaging waste; to provide for legislative findings and declarations; to provide for definitions; to provide for maximum levels of certain heavy metals in a package or package component; to prohibit sale or distribution of products in packages or packaging components exceeding such levels; to provide for exceptions; to provide for powers, duties, and authority of the director of the Board of Natural Resources with respect to the foregoing; to provide for criminal penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by adding at the end thereof a new article, to be designated Article 7, to read as follows:
"ARTICLE 7
12-8-160. The General Assembly finds and declares that: (1) The management of solid waste can pose a wide range of hazards to public
health and safety and to the environment; (2) Packaging comprises a significant percentage of the overall solid waste stream; (3) The presence of heavy metals in packaging is a concern in light of the likely
presence of heavy metals in emissions or ash when packaging is incinerated or in leachate when packaging is landfilled;
(4) Lead, mercury, cadmium, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern;
(5) It is desirable as a first step in reducing the toxicity of packaging waste to eliminate the addition of heavy metals to packaging; and
(6) It is desirable to achieve reduction in toxicity without impeding or discouraging the expanded use of postconsumer materials in the production of packaging and its components.

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12-8-161. As used in this article, the term: (1) 'Board' means the Board of Natural Resources. (2) 'Distributor' means a person who takes title to products or packaging pur-
chased for resale. (3) 'Manufacturer' means a person who offers for sale or sells products or packag-
ing to a distributor. (4) 'Package' means a container which provides a means of marketing, protecting,
or handling a product, including a unit package, intermediate package, or a shipping container. The term 'package' also includes, but is not limited to, unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.
(5) 'Packaging component' means any individual assembled part of a package, including but not limited to interior and exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, labels, and tinplated steel that meets the American Society for Testing and Materials (ASTM) specification A-623. 12-8-162. (a) On and after July 1, 1994, no manufacturer or distributor shall offer for sale, sell, or offer for promotional purposes in this state a package or packaging component which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements and which exceeds the concentration level established by the board. (b) On and after July 1, 1994, no manufacturer or distributor shall offer for sale, sell, or offer for promotional purposes in this state a product in a package which includes, in the package itself or in any of the packaging components, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements and which exceeds the concentration level established by the board. (c) The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in a package or packaging component established by the board shall not exceed the following:
(1) Six hundred parts per million by weight on and after July 1, 1994; (2) Two hundred fifty parts per million by weight on and after July 1, 1995; and (3) One hundred parts per million by weight on and after July 1, 1996.
Concentration levels of lead, cadmium, mercury, and hexavalent chromium shall be determined using American standard of testing materials test methods, as revised, or United States Environmental Protection Agency test methods for evaluating solid waste, S-W 846, as revised.
12-8-163. The following packaging and packaging components are exempt from the requirements of this article:
(1) Packaging or packaging components with a code indicating a date of manufacture prior to July 1, 1994;
(2) Packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law or for which there is no feasible alternative if the manufacturer of a package or packaging component petitions the board for an exemption from the provisions of this article for a particular package or packaging component. The board may grant a two-year exemption, if warranted by the circumstances, and an exemption may, upon meeting either criterion of this paragraph, be renewed for two years. For purposes of this paragraph, a use for which there is no feasible alternative is one in which the regulated substance is essential to the protection, safe handling, or function of the package's contents; or
(3) Packages and packaging components that would not exceed the maximum contaminant levels established but for the addition of postconsumer materials.

TUESDAY, FEBRUARY 25, 1992

1467

12-8-164. On and after July 1, 1994, each manufacturer or distributor of packaging or packaging components shall make available to purchasers, the board, and the general public, upon request, certificates of compliance which state that the manufacturer's or distributor's packaging or packaging components comply with, or are exempt from, the requirements of this article. If the manufacturer or distributor of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer or distributor shall provide an amended or new certificate of compliance for the reformulated or new package or packaging component.
12-8-165. The board shall be authorized to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as the board may deem necessary.
12-8-166. Any person who violates any provision of this article shall be guilty of a misdemeanor."
Section 2. This Act shall become effective July 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1658.

By Representative Watson of the 114th:
A bill to amend Code Section 34-26-6 of the Official Code of Georgia Annotated, relating to specific powers and duties of the Commissioner of Labor, so as to provide that the Commissioner of Labor shall have the power, jurisdiction, and authority to initiate and continue to operate an ongoing educational assistance program to include high school through graduate levels for qualified Department of Labor personnel.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Labor, so as to provide that the Commissioner of Labor shall have the power, jurisdiction, and authority to initiate and continue to operate an ongoing educational assistance program to include high school through graduate levels for qualified Department of Labor personnel; to provide that upon a formal determination that certain debts or obligations to the Department of Labor of $300.00 or less are uncollectable, or that the costs of collection would equal or exceed the amount due such department, the Commissioner of Labor may proceed to have such debts or obligations discharged; to provide procedures in connection with such discharge of debts or obligations; to provide for certain duties of the Commissioner of Labor and the state auditor; 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 34 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Labor, is amended by striking in its entirety Code Section 34-2-6, relating to specific powers and duties of the Commissioner of Labor, and inserting in lieu thereof a new Code Section 34-2-6 to read as follows:
"34-2-6. (a) In addition to such other duties and powers as may be conferred upon him by law, the Commissioner of Labor shall have the power, jurisdiction, and authority:

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(1) To superintend the enforcement of all labor laws in the State of Georgia, the enforcement of which is not otherwise specifically provided for, and all rules and regulations made pursuant to this title;
(2) To make or cause to be made all necessary inspections in order to see that all laws and the rules made pursuant thereto which the department has the duty, power, and authority to enforce are promptly and effectively carried out;
(3) To make investigations, collect and compile statistical information, and report upon the conditions of labor generally and upon all matters relating to the enforcement and effect of this chapter and of the rules issued thereunder;
(4) To make and promulgate such rules or changes in rules as he may deem advisable for the prevention of accidents or the prevention of industrial or occupational diseases in every employment or place of employment, and such rules or changes in rules for the construction, repair, and maintenance of places of employment, places of public assembly, and public buildings as he may deem advisable, to render them safe. The Commissioner may appoint committees composed of employers, employees, and experts to suggest rules or changes therein;
(5) To do all in his power to promote the voluntary arbitration, mediation, and conciliation of disputes between employers and employees and to avoid strikes, picketing, lockouts, boycotts, blacklisting, discriminations, and legal proceedings in matters of employment. In pursuance of this duty, the Commissioner may appoint temporary boards of arbitration, provide necessary expenses of such boards, order reasonable compensation not exceeding $15.00 per day for each member engaged in such arbitration, prescribe rules for such arbitration boards, conduct investigations and hearings, publish reports and advertisements, and do all things convenient and necessary to accomplish the purpose of this chapter. The Commissioner may designate a mediator and may, from time to time, detail employees or persons not in the department to act as his assistants for the purpose of executing such provisions. Employees of the Department of Labor shall act on temporary boards without extra compensation. Nothing in this Code section or in this chapter shall be construed to prohibit or limit in any way employees' rights to bargain collectively;
(6) To supervise the business of private employment agencies and employment intelligence bureaus and as frequently as may be necessary to examine into the condition of each such agency or bureau;
(7) To exercise jurisdiction over such person, firm, or corporation acting as an emigrant agent or agency, hereinafter referred to as emigrant agent. As used in this paragraph, the term 'emigrant agent' means any person who shall solicit or attempt to procure labor in this state to be employed beyond the limits of this state. The Commissioner shall require each emigrant agent to make application for license to do business, such application to be endorsed by two taxpayers and accompanied by a bond of $1,000.00 for the faithful performance of duty and the payment of such tax as may be required by law; each emigrant agent must secure annually a license to do business. Each emigrant agent shall make a daily report to the Commissioner showing the names, addresses, and number of persons carried out of the state, the points to which they have been carried, the nature and character of work secured for them, the pay to be received by them, and the fee charged them or to be collected and from whom. The emigrant agent shall show clearly by whom employed, if paid a salary, or from whom he receives a commission, and how much. The Commissioner shall inspect the office and work of each emigrant agent as often as may be necessary; and if any emigrant agent shall be found to be violating the law it shall be the duty of the Commissioner immediately to proceed to have such person presented to the proper authorities for prosecution and to cancel the license to do business; and
(8) To post or have posted at his discretion in a conspicuous place in all state employment agencies throughout the state, the 'Help Wanted' advertisements from the Sunday editions of the two newspapers with the largest circulation in each of the cities of Detroit, Michigan; Chicago, Illinois; St. Louis, Missouri; New York, New York; Pittsburgh, Pennsylvania; Baltimore, Maryland; Washington, D.C.; Los Angeles, California; and San Francisco, California, so that persons making application for

TUESDAY, FEBRUARY 25, 1992

1469

employment through such agencies, but unable to find employment in this state, may see what employment is available elsewhere. It shall be the further duty of the Commissioner of Labor to assist, in any way possible, any person making application for employment in the securing of a position in some other state if employment is not available in Georgia for such a person; and -.
(9) To initiate and continue to operate an ongoing educational assistance program to include high school through graduate levels for qualified Department of Labor personnel. (b) Upon a formal determination that a debt or obligation of a former employer who is no longer in business in the State of Georgia to the Department of Labor of $300.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due such department, the Commissioner of Labor shall execute and transmit to the state auditor a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the Commissioner of Labor and the state auditor; and a statement that further collection effort would be detrimental to the financial interests of the state. The certification shall be made under oath or affirmation and shall be sent to the state auditor at such times as shall be prescribed in the procedure developed by the Commissioner of Labor and the state auditor. Upon receipt of the certification, the state auditor shall be authorized to approve the removal of such uncollectable amounts from the financial records of the Department of Labor."
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 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1453.

By Representatives Floyd of the 135th, Balkcom of the 140th, Royal of the 144th, Walker of the 115th, Groover of the 99th and others:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations, so as to provide that the probate courts shall have jurisdiction to receive pleas of guilty and to impose sentence for violations of such Code section.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations, so as to provide that the probate courts shall have jurisdiction to receive pleas of guilty and to impose sentence for violations of such Code section; to provide for the issuance of summonses; to provide for the content of such summonses; to provide for matters relative thereto; to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, so as to provide that such courts shall have jurisdiction to try violations of Code Section 12-3-10 of the Official Code of Georgia Annotated when the

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defendant waives a jury trial; to provide for application and for an effective date in connection therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations, is amended by inserting at the end thereof the following:
"(s) (1) The jurisdiction of the probate courts of the several counties of this state is enlarged and extended so that probate courts, acting by and through the judge or presiding officer, shall have the right and power to receive pleas of guilty and impose sentence upon defendants violating the provisions of this Code section.
(2) When a person is arrested for any violation of the provisions of this Code section, the arresting officer may, at his discretion, choose to issue to the offender a summons to appear before a court of jurisdiction. Every such summons shall show:
(A) That it is issued by authority of the department; (B) The name of the person summoned or, if the person to be summoned refuses to give his name or the officer serving the summons believes the name given is false or if the officer is for other cause unable to ascertain the correct name of the person to be summoned, a fictitious name plainly identified as such; (C) The offense with which the person being summoned is charged and the date and location of the alleged offense; (D) The location of the court and the day and hour at which he is summoned to appear; (E) That failure to so appear is a violation of Georgia laws and subject to prosecution; (F) The date the summons is served; and (G) The name and official designation of the officer serving it. (3) Personal delivery of the summons to the person charged or, if the violation is for a vehicle parking violation and the vehicle illegally parked is unattended, the placement of the summons on the windshield of the driver's side of the illegally parked vehicle shall constitute due and proper service of the summons. (4) Every person so summoned shall appear at the place and on the date ordered except in cases where a bond has been posted in lieu of the summons or where the court has granted a continuance. (5) The officer serving a summons pursuant to this subsection shall, on or before the return date of the summons, deliver a copy thereof to the court before which it is returnable, or to the clerk of such court, and shall file any information and such affidavits as may be required with respect to the alleged offense. (6) If the person charged shall fail to appear as specified in the summons, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of the person commanding that he be brought before the court to answer the charge contained within the summons and the charge of his failure to appear as required. The person shall then be allowed to make a reasonable bond to appear on a given date before the court."
Section 2. Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, is amended by inserting immediately following Code Section 15-9-30.3 the following:
"15-9-30.4. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating the provisions of Code Section 12-3-10. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations.
(b) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately

TUESDAY, FEBRUARY 25, 1992

1471

bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled."
Section 3. This Act shall become effective on July 1, 1992, and shall apply to violations of the provisions of Code Section 12-3-10 of the O.C.G.A. which take place on or after July 1, 1992.
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 1400.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for cash management policies and procedures and for forms, reports, and plans; to provide for a cash management officer; to provide for fees for the state's banking 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1124.

By Representative Lawson of the 9th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and the duties of such boards, so as to provide that the county board of tax assessors shall be required to utilize the county property appraisal staff and shall be prohibited from expending county funds for the services of consultants or outside real estate appraisers in the production or rebuttal of evidence.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and the duties of such boards, so as to provide that with respect to any appeal to the superior court by the county board of tax assessors or the taxpayer involving the appraised value of the taxpayer's property, the county board of tax assessors shall be required to utilize the county property appraisal staff and shall be prohibited from expending county funds for the services of consultants or outside real estate appraisers in the production or rebuttal of evidence relating solely to the issue of the appraised value of the taxpayer's property; to provide an exception; 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 the creation of county boards of equalization and the duties of such boards, is amended by adding at the end of subsection (f) a new paragraph (5) to read as follows:

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"(5) With respect to any appeal to the superior court by the county board of tax assessors or the taxpayer involving the appraised value of the taxpayer's property, the county board of tax assessors shall be required to utilize the county property appraisal staff and shall be prohibited from expending county funds for the services of consultants or outside real estate appraisers in the production or rebuttal of evidence relating solely to the issue of the appraised value of the taxpayer's property; provided, however, that any consultants or outside real estate appraisers who had been involved in the process of determining the appraised value of the taxpayer's property may assist the county property appraisal staff and be utilized by the county board of tax assessors with respect to any proceeding in the superior court relating to the appraised value of the taxpayer's property."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1263. By Representatives Jackson of the 9th, Barnett of the 10th, Lawson of the 9th, Orr of the 9th, Colwell of the 4th and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide for the return for taxation of boats in the county in which such boat is located.

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 change the taxable situs of certain tangible personal property which is located for recreational or convenience purposes in a county other than the county where the owner maintains a permanent legal residence; 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. 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 subsection immediately following subsection (c) of Code Section 48-5-16, relating to the tax situs of certain tangible personal property, to be designated subsection (d), to read as follows:
"(d) (1) As used in this subsection, the term 'functionally located' means located in a county in this state for 184 days or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may, but shall not be required to be, consecutive.
(2) Any person who owns tangible personal property in the form of a boat which is functionally located for recreational or convenience purposes in a county in this state other than the county in which such person maintains a permanent legal residence shall return such property for taxation to the tax commissioner or tax receiver of the county in which such property is functionally located. Tangible personal property of a person which does not meet the 184 days or more requirement provided for

TUESDAY, FEBRUARY 25, 1992

1473

in this subsection shall be returned for taxation in the manner provided for in Code Section 48-5-11."
Section 2. This Act shall become effective on January 1, 1993, and shall be applicable to all taxable years beginning on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Jackson of the 9th, Godbee of the 110th and Lane of the lllth move to amend the Committee substitute to HB 1263 by inserting "to provide for definitions;" between "residence;" and "to" on line 7 of page 1.
By striking from lines 18 through 25 of page 1 the following:
'"(d) (1) As used in this subsection, the term "functionally located" means located in a county in this state for 184 days or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may, but shall not be required to be, consecutive.",
and inserting in its place the following:
'"(d) (1) As used in this subsection, the term: (A) "Boat" means every description of watercraft used or capable of being used
as a means of transportation on the water which exceeds 21 feet in length and which is not in dry storage.
(B) "Functionally located" means located in a county in this state for 184 days or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may, but shall not be required to be, consecutive."
By inserting "in a marina" between "purposes" and "in" on line 2 of page 2.

The following amendment was read and adopted:

Representatives Jackson of the 9th and Barnett of the 10th move to amend the amendment to the Committee substitute to HB 1263 as follows:
By adding a period on page 1, line 22 after the word "length" and by deleting the words "and which is not in dry storage" on page 1, line 22 and 23.

The Jackson amendment, as amended, was adopted.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 91, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Redding of the 50th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1263.

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HB 573. By Representatives Snow of the 1st, McCoy of the 1st, Perry of the 5th, Atkins of the 21st, Meadows of the 91st 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 making certain expenditures for certain additional special facilities unless notice thereof is provided to the governing authorities of counties or municipalities affected and to certain members of the General Assembly.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

SB 705. By Senators Garner of the 30th, Dean of the 31st and 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 relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to make certain provisions relative to certain boards and bodies; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, is amended by striking Code Section 21-2-3, relating to definitions and descriptions regarding congressional districts, and inserting in its place a new Code Section 21-2-3 to read as follows:
"21-2-3. For purposes of this article: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia.
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area, established in accordance with Article 7 of this chapter, within which all electors vote at one polling place.
(3) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1990 for the State of Georgia.

TUESDAY, FEBRUARY 25, 1992

1475

(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any congressional district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control.
(5) Any part of the State of Georgia which is described in this Code section as being included in a particular congressional district shall nevertheless not be included within such congressional district if such part is not contiguous to such congressional district. Such noncontiguous part shall instead be included within that congressional district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said article is further amended by striking Code Section 21-2-4, relating to the composition of congressional districts, and inserting in its place a new Code Section 21-2-4 to read as follows:
"21-2-4. (a) The state is divided into 11 congressional districts, each of which is entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided in this subsection.
District: 1
SCREVEN COUNTY JENKINS COUNTY BULLOCH COUNTY EFFINGHAM COUNTY CANDLER COUNTY TOOMBS COUNTY TATTNALL COUNTY EVANS COUNTY CHATHAM COUNTY BRYAN COUNTY LIBERTY COUNTY LONG COUNTY WAYNE COUNTY MCINTOSH COUNTY PIERCE COUNTY GLYNN COUNTY BRANTLEY COUNTY CAMDEN COUNTY
District: 2
TALBOT COUNTY TAYLOR COUNTY PEACH COUNTY MARION COUNTY CHATTAHOOCHEE COUNTY MACON COUNTY SCHLEY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY CRISP COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY LEE COUNTY

1476

JOURNAL OF THE HOUSE,

TURNER COUNTY WORTH COUNTY CLAY COUNTY DOUGHERTY COUNTY CALHOUN COUNTY TIFT COUNTY EARLY COUNTY BAKER COUNTY MITCHELL COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY LOWNDES COUNTY
VTD: 0005 GARDEN CENTER VTD: 0007 LOMAX-PINEVALE VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0019 CRAIG RECREATION CENTER MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0042 3B1 FORT BENNING
District: 3
FAYETTE COUNTY COWETA COUNTY SPALDING COUNTY MERIWETHER COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY JONES COUNTY UPSON COUNTY HARRIS COUNTY CRAWFORD COUNTY BALDWIN COUNTY
VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 319D, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402

TUESDAY, FEBRUARY 25, 1992

1477

Tract: 9703. Block(s): 214C, 220E, 225B, 226B
Tract: 9704. Block(s): 101B
VTD: 0003 WEST BALDWIN 319 VTD: 0004 EAST MILLEDGEVILLE 320E (Part)
Tract: 9702. Block(s): 335, 336A, 505, 507, 508, 509, 510, 511, 512, 513, 514, 518, 519, 520, 521, 522, 523
VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 140A, 201A, 201B, 217A, 218A, 219, 220, 221, 222A, 223, 224, 312A, 313, 314A, 315, 316, 317, 401A, 402, 404A, 405, 406, 407, 408, 415A, 416, 417, 418A, 420A, 422, 423, 501A, 501B, 502, 503A, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518
VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N VTD: 0008 SOUTH MILLEDGEVILLE 320S VTD: 0009 WEST HARDWICK 321W (Part)
Tract: 9706. Block(s): 102A, 103, 104, 105, 106A, 107A, 108, 109, 110, 111, 201A, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218
Tract: 9708. Block(s): 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 231
VTD: 0010 GMC 320G (Part) Tract: 9705. Block(s): 137, 138 Tract: 9706. Block(s): 102B, 106B, 107B, 201B Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 115, 116, 128, 131, 138, 139, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 310B, 311B, 312B, 314B, 401B, 403, 404B, 404C, 409, 410, 411, 412, 413, 414, 415B, 418B, 419, 420B, 421, 426, 427, 428, 501C, 503B, 515B, 516, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 549, 550
VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H VTD: 0012 FIRST CHRISTIAN CHURCH 320C VTD: 0013 SCOTTSBORO 1714 (Part)
Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302
CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1
VTD: 0003 FOREST PARK 2
VTD: 0004 FOREST PARK 3
VTD: 0005 FOREST PARK 4
VTD: 0008 JONESBORO 2
VTD: 0009 JONESBORO 3

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JOURNAL OF THE HOUSE,

VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part)
Tract: 0401.
Block(s): 901, 902, 903B, 906, 907, 968, 909, 910, 911, 912 VTD: 0025 PAN HANDLE VTD: 0031 RIVERDALE 6 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0050 SANDY RIDGE VTD: 0055 SHAKERAG VTD: 0060 SIXTH VTD: 0065 STOCKBRIDGE VTD: 0075 TUSSAHAW MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON
VTD: 0030 ARNOLD
VTD: 0031 BEALLWOOD
VTD: 0032 DOUBLE CHURCHES
VTD: 0033 FORTSON
VTD: 0034 21A

TUESDAY, FEBRUARY 25, 1992

1479

VTD: 0035 32B VTD: 0041 3B FORT BENNING
District: 4
ROCKDALE COUNTY DEKALB COUNTY
VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0040 EMBRY HILLS VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0043 EVANSDALE VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0057 HUNTLEY HILLS VTD: 0058 IDLEWOOD VTD: 0061 JOHNSON ESTATES VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0090 NANCY CREEK VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE

1480

JOURNAL OF THE HOUSE,

VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAC PINE LAKE VTD: OOAD PLEASANTDALE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: OOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAX SILVER HILL VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBU WARREN VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA FULTON COUNTY VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D GWINNETT COUNTY VTD: 0003 405A VTD: 0004 405B
VTD: 0005 405C VTD: 0006 405D
VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G
VTD: 0010 408A VTD: 0011 408B
VTD: 0012 408C VTD: 0013 408D VTD: 0014 408E
VTD: 0015 408F
VTD: 0016 408G VTD: 0021 1578A VTD: 0022 1578B
VTD: 0023 1578C VTD: 0028 407A
VTD: 0029 407B VTD: 0030 407C
VTD: 0031 544A
VTD: 0032 544B
VTD: 0033 544C
VTD: 0034 406A
VTD: 0035 406B

TUESDAY, FEBRUARY 25, 1992

1481

VTD: 0037 406D VTD: 0039 406F
VTD: 0040 406G VTD: 0042 4061 VTD: 0043 406J VTD: 0045 571A
VTD: 0050 405H VTD: 0051 408H VTD: 0053 1263D VTD: 0054 1578D
VTD: 0055 407D VTD: 0056 407E VTD: 0057 406K
VTD: 0060 406N
VTD: 0061 4060 VTD: 0064 4051
VTD: 0065 4081 VTD: 0066 408J VTD: 0068 407F VTD: 0069 544E
VTD: 0070 406P VTD: 0071 406Q VTD: 0072 571C VTD: 0073 408K
VTD: 0075 406R VTD: 0076 57 ID VTD: 0077 571B
VTD: 0078 544D
District: 5
CLAYTON COUNTY VTD: 0006 FOREST PARK 5 VTD: 0007 JONESBORO 1 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 301, 302, 303, 304A, 304B, 309, 401A, 401B, 402, 403, 404A, 404B, 404C, 405, 406, 407, 408, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 515, 516, 522, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 903A, 904, 905, 913, 914, 915, 916, 917, 918 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0027 RIVERDALE 2 VTD: 0028 RIVERDALE 3 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0032 RIVERDALE 7 VTD: 0033 RIVERDALE 8
COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2
DEKALB COUNTY VTD: 0038 EAST LAKE VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON

1482

JOURNAL OF THE HOUSE,

VTD: OOBD SOUTH DECATUR VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 U VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0023 2H VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L VTD: 0030 2R VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0046 3H VTD: 0047 3J VTD: 0048 3K VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0058 4D VTD: 0059 4E VTD: 0061 4G VTD: 0062 4H VTD: 0064 4K
VTD: 0065 4L
VTD: 0066 4M
VTD: 0067 4N
VTD: 0069 4R
VTD: 0070 4S

TUESDAY, FEBRUARY 25, 1992

1483

VTD: 0071 4T VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0094 7F VTD: 0096 7H VTD: 0097 7J VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA2 7N VTD: OOA3 7P VTD: OOA4 7R VTD: OOA5 7S VTD: OOA8 8A VTD: OOA9 8B VTD: OOB1 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L VTD: OOCl 8M VTD: OOC2 8N VTD: OOC3 8P VTD: OOC4 8R VTD: OOC7 8V VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D
VTD: OOF2 10E
VTD: OOF3 10F
VTD: OOF4 10G
VTD: OOF5 10H
VTD: OOF6 10J

1484

JOURNAL OF THE HOUSE,

VTD: OOF7 10K VTD: OOFS 10L VTD: OOF9 10M VTD: OOGl ION VTD: OOG2 11A VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOG8 11G VTD: OOG9 11H VTD: OOH1 11J VTD: OOH2 UK VTD: OOH3 11L VTD: OOH4 11M VTD: OOH5 UN VTD: OOH6 HP VTD: OOH7 11R VTD: OOH9 12A VTD: OOJ1 12B VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E VTD: OOJ5 12F VTD: OOJ6 12G VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK1 12L VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P VTD: OOK6 CP01 VTD: OOK7 CP02 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL6 EP01 VTD: OOL7 EP02 VTD: OOL8 EPOS VTD: OOM1 EP05 VTD: OOM2 EP06 VTD: COM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON3 FA01 VTD: OON4 HP01 VTD: OON5 HP02
VTD: OOR1 PA01
VTD: OOT1 SC08
VTD: OOT2 SC09
VTD: OOT3 SC10
VTD: OOT4 SC11

TUESDAY, FEBRUARY 25, 1992

1485

VTD: OOT5 SCI2 VTD: OOT6 SC13 VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: OOU5 SC21 VTD: OOV1 SS04 VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: OOV8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14 VTD: OOW4 SS16 VTD: OOW8 SS21 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: 00X5 SS23 VTD: 00X7 9T VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SC07
District: 6
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET VTD: 0016 WOODSTOCK
COBB COUNTY VTD: 0001 ACWORTH VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0013 CHEATHAM HILL 1 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 121B, 122B Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, 110F, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C,

1486

JOURNAL OF THE HOUSE,

226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102A, 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03 Block(s): 208B Tract: 0310.01 Block(s): 910C, 910L, 925B, 925C Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 41 ID VTD: 0019 DODGEN VTD: 0020 DUE WEST VTD: 0021 EASTSIDE VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 601, 602, 603, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B VTD: 0023 ELIZABETH 2 VTD: 0024 ELIZABETH 3 VTD: 0025 ELIZABETH 4 VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0038 GARRISON MILL VTD: 0039 GRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4
VTD: 0043 GRITTERS 5
VTD: 0044 GRITTERS 6
VTD: 0045 GRITTERS 7
VTD: 0049 KENNESAW 1
VTD: 0050 KENNESAW 2

TUESDAY, FEBRUARY 25, 1992

1487

VTD: 0051 LOST MOUNTAIN VTD: 0057 MARIETTA 1 (Part)
Tract: 0303.21 Block(s): 302A, 402A, 403A
Tract: 0304.04 Block(s): 101A, 101B
Tract: 0304.06 Block(s): 101A, 101B, 301A, 401A, 401B, 402A, 402B, 501A, 501B, 501C
Tract: 0311.09 Block(s): 101A, 101C
VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A Tract: 0305.01 Block(s): 908A Tract: 0306. Block(s): 703A, 704A, 705A, 706A, 708A, 708G
VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A
VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.04 Block(s): 301A, 302 Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803 Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 302A, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A, 601, 602, 603, 604
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04
Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801
Tract: 0304.05
Block(s): 401B, 406A, 407B, 408, 410
Tract: 0304.06
Block(s): 602A, 602B, 602D, 701A, 801A

1488

JOURNAL OF THE HOUSE,

VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0075 OREGON 1 VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0090 RED ROCK VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3 VTD: OOB3 CRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10 VTD: OOB6 KEMP VTD: OOB7 GRITTERS 9 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 115D, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826
VTD: OOC1 OREGON 5 DEKALB COUNTY
VTD: 0005 AUSTIN VTD: 0037 DUNWOODY VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0099 PEACHTREE VTD: OOAW SHALLOWFORD
VTD: OOBQ VANDERLYN
VTD: OOBR VERMACK
FULTON COUNTY
VTD: OOK5 AP01
VTD: OON7 MP01

TUESDAY, FEBRUARY 25, 1992

1489

VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NCOS VTD: OOP2 NC04 VTD: OOP3 NC05 VTD: OOP4 NC06 VTD: OOPS NC07 VTD: OOP6 NCOS VTD: OOP? NC09 VTD: OOP9 NC11 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOU7 SS01 VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOW3 SS15 VTD: OOW5 SS18 VTD: 00W6 SS19 VTD: OOW7 SS20 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17 VTD: OOY2 RW09 GWINNETT COUNTY VTD: 0018 1263A VTD: 0019 1263B VTD: 0024 404A VTD: 0036 406C VTD: 0038 406E VTD: 0041 406H VTD: 0049 1604 VTD: 0052 1263C VTD: 0058 406L VTD: 0059 406M VTD: 0074 404C
District: 7
CHATTOOGA COUNTY FLOYD COUNTY BARTOW COUNTY POLK COUNTY PAULDING COUNTY HARALSON COUNTY CARROLL COUNTY DOUGLAS COUNTY HEARD COUNTY TROUP COUNTY COBB COUNTY
VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1

1490

JOURNAL OF THE HOUSE,

VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part)
Tract: 0311.01 Block(s): 106B
VTD: 0018 DOBBINS 2 (Part) Tract: 0304.06
Block(s): 102B Tract: 0308.
Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01
Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C
Tract: 0311.08
Block(s): 301, 302, 303B, 305, 306, 307, 309 VTD: 0022 ELIZABETH 1 (Part)
Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501A, 501C, 501D, 501E, 502B, 506B, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 901C, 901D, 902B, 902C, 902D, 902E, 917E
VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2
VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4
VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B
Tract: 0307. Block(s): 118C
Tract: 0308. Block(s): 206B
Tract: 0309.02
Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C
Tract: 0309.03
Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02
Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1
VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3
VTD: 0055 MABLETON 4 VTD: 0056 MACLAND
VTD: 0057 MARIETTA 1 (Part) Tract: 0304.06
Block(s): 102A Tract: 0307.
Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302,
303, 304, 309, 310, 314, 315, 318, 321, 322, 323

TUESDAY, FEBRUARY 25, 1992

1491

Tract: 0308. Block(s): 206A, 207, 209A, 209B, 210, 211, 214, 215A, 216, 217, 302, 303, 304, 305, 306, 307, 308, 404, 405, 406, 407, 408, 411, 412, 413, 501, 511, 601, 602, 603, 604, 605, 606, 607, 608, 611, 701, 702, 703, 704, 705, 706, 707, 712, 713, 801, 802, 807, 808
Tract: 0310.01 Block(s): 908A, 910A, 910B, 911, 912
Tract: 0311.09 Block(s): 501, 502, 503A, 504, 505
VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 (Part)
Tract: 0306. Block(s): 219, 222, 223, 224, 227, 228, 229, 230, 231, 232, 233, 302, 303, 304, 305, 307, 308A, 309, 311, 312, 313, 314, 315, 316, 317, 323, 325A, 326, 401, 403
Tract: 0307. Block(s): 401, 407A, 418
Tract: 0308. Block(s): 301, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318A, 320, 401, 402, 403, 502, 503, 504, 505, 506, 507, 508, 509, 510, 512, 513
Tract: 0309.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123B, 124, 202B, 203B, 206B, 206C, 207B, 401, 501, 502, 503, 504, 507, 508, 509, 510, 601, 602, 603, 604, 605, 606, 607
VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 823A Tract: 0305.02 Block(s): 602 Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 501B, 502A, 503, 504, 505, 506A, 606A, 606B, 607A, 608, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519 Tract: 0309.01 Block(s): 301A, 302, 303, 304
VTD: 0061 MARIETTA 5 (Part)
Tract: 0307.
Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715
VTD: 0062 MARIETTA 6 (Part)
Tract: 0307.
Block(s): 106, 107, 109, 201

1492

JOURNAL OF THE HOUSE,

VTD: 0063 MARIETTA 7 (Part) Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809
VTD: 0070 MT. HARMONY VTD: 0076 OREGON 2 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 801B, 823B
VTD: OOB9 MARIETTA 2B VTD: OOC2 BIRNEY 2
District: 8
EMANUEL COUNTY JOHNSON COUNTY LAURENS COUNTY HOUSTON COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY MONTGOMERY COUNTY WHEELER COUNTY DOOLY COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY APPLING COUNTY BEN HILL COUNTY COFFEE COUNTY IRWIN COUNTY BACON COUNTY BERRIEN COUNTY WARE COUNTY ATKINSON COUNTY COOK COUNTY COLQUITT COUNTY CLINCH COUNTY LANIER COUNTY CHARLTON COUNTY ECHOLS COUNTY BIBB COUNTY
VTD: 0009 EM09 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0024 HO 01

TUESDAY, FEBRUARY 25, 1992

1493

VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0039 VINEVILLE 06 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0017 SHILOH FIRE STATION VTD: 0018 NEW COVENANT CHURCH VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL
District: 9
DADE COUNTY RABUN COUNTY WALKER COUNTY CATOOSA COUNTY WHITFIELD COUNTY MURRAY COUNTY FANNIN COUNTY TOWNS COUNTY UNION COUNTY GILMER COUNTY HABERSHAM COUNTY WHITE COUNTY LUMPKIN COUNTY STEPHENS COUNTY GORDON COUNTY DAWSON COUNTY PICKENS COUNTY HALL COUNTY FORSYTH COUNTY CHEROKEE COUNTY
VTD: 0001 BALLGROUND

1494

JOURNAL OF THE HOUSE,

VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0013 SALICOA VTD: 0015 WILDCAT
District: 10
FRANKLIN COUNTY HART COUNTY BANKS COUNTY JACKSON COUNTY ELBERT COUNTY MADISON COUNTY BARROW COUNTY OGLETHORPE COUNTY CLARKE COUNTY WILKES COUNTY LINCOLN COUNTY OCONEE COUNTY WALTON COUNTY MORGAN COUNTY NEWTON COUNTY COLUMBIA COUNTY MCDUFFIE COUNTY GWINNETT COUNTY
VTD: 0001 1295A VTD: 0002 1295B VTD: 0017 1564 VTD: 0020 1749 VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B RICHMOND COUNTY VTD: 0019 7 VTD: 0021 8 (Part)
Tract: 0001. Block(s): 414, 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B
VTD: 0022 8A VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0033 86-5 VTD: 0034 86-6 (Part)
Tract: 0109.02

TUESDAY, FEBRUARY 25, 1992

1495

Block(s): 133, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497
VTD: 0035 86-7 VTD: 0036 86-8 (Part)
Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 949, 953, 954
Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306
VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0046 89-1 VTD: 0050 89-5 VTD: 0055 89-10 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0058 90-3 VTD: 0059 90-4 VTD: 0060 90-5 VTD: 0067 FG5 (Part)
Tract: 0108. Block(s): 901G, 901H, 901J, 906, 907, 911, 912
District: 11
GREENE COUNTY TALIAFERRO COUNTY WARREN COUNTY JASPER COUNTY PUTNAM COUNTY HANCOCK COUNTY BUTTS COUNTY GLASCOCK COUNTY JEFFERSON COUNTY BURKE COUNTY WASHINGTON COUNTY WILKINSON COUNTY TWIGGS COUNTY BALDWIN COUNTY
VTD: 0001 MONTPELIER- EAST BALDWIN VTD: 0002 NORTH BALDWIN 318 (Part)
Tract: 9702.

1496

JOURNAL OF THE HOUSE,

Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 320B
Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 222C, 227, 228, 229B
VTD: 0004 EAST MILLEDGEVILLE 320E (Part) Tract: 9702. Block(s): 330A, 333, 334, 337, 338, 339, 340, 341, 401, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 506, 515, 516, 517
VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 302A, 303A, 304A, 307A, 308, 309, 310A, 311A, 318, 319, 320, 321, 424, 425, 548A
VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421
VTD: 0010 CMC 320G (Part) Tract: 9705. Block(s): 139, 140, 141 Tract: 9706. Block(s): 101 Tract: 9707. Block(s): 101, 102, 103, 104, 105, 112, 113, 114, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127, 129, 130, 132, 133, 134, 135, 136, 137, 140B, 301, 302B, 303B, 304B, 305, 306, 307B, 546, 547, 548B,548C Tract: 9708. Block(s): 101, 102, 103, 104, 105A, 118A, 119, 120, 121, 122, 123A, 124, 125, 126, 127A, 128, 129
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 130, 132, 133
BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04
VTD: 0005 EM05
VTD: 0006 EM06
VTD: 0007 EM07
VTD: 0008 EM08
VTD: 0010 GODFREY 01

TUESDAY, FEBRUARY 25, 1992

1497

VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 VTD: 0043 MACON 02 VTD: 0044 MACON 01 DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0026 CLARKSTON VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0036 DUNAIRE VTD: 0039 EASTLAND VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0070 LITHONIA VTD: 0073 MAINSTREET SOUTH VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK
VTD: OOAH REDAN NORTH
VTD: OOAJ REDAN SOUTH
VTD: OOAN ROWLAND
VTD: OOAP ROWLAND HILLS
VTD: OOAQ ROWLAND ROAD

1498

JOURNAL OF THE HOUSE,

VTD: OOAT SALEM VTD: OOAV SCOTTDALE VTD: ODBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL HENRY COUNTY VTD: 0005 BEERSHEBA VTD: 0030 LOVES VTD: 0045 MCMULLEN VTD: 0070 SWAN LAKE RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 VTD: 0004 2A VTD: 0005 3 VTD: 0006 3A VTD: 0007 3B VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0012 5 VTD: 0013 5A VTD: 0014 5B VTD: 0015 6 VTD: 0016 6A VTD: 0017 6B VTD: 0018 6C VTD: 0020 7A VTD: 0021 8 (Part)
Tract: 0011. Block(s): 304, 305, 306, 307, 308, 309, 313, 314, 316, 317, 318, 319, 320, 321
Tract: 0012.
Block(s): 402, 605, 606, 607, 608, 616
VTD: 0023 8B
VTD: 0024 8C
VTD: 0026 85-1
VTD: 0027 85-2
VTD: 0028 85-3
VTD: 0031 86-3
VTD: 0032 86-4
VTD: 0034 86-6 (Part)
Tract: 0109.02
Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138
VTD: 0036 86-8 (Part)
Tract: 0106.
Block(s): 936B, 941, 942, 943, 945, 946, 947, 948B, 950, 951, 952, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973

TUESDAY, FEBRUARY 25, 1992

1499

Tract: 0109.02 Block(s): 102
VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0048 89-3 VTD: 0049 89-4 VTD: 0051 89-6 VTD: 0052 89-7 VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 (Part)
Tract: 0108. Block(s): 901D
VTD: 0068 FG6
(b) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1990 for this state.
(c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, 1993. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1990 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1992 for the purpose of electing the members in 1992 who are to take office in 1993. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1993."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

N Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins Y Baker
Balkcom
Y Barfoot
Y Bargeron
Y Barnett.B

N Barnett.M Y Bates Y Beatty N Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick
Y Branch
N Breedlove
N Brooks

Y Brown Y Brush Y Buck N Buckner Y Byrd N Campbell
Canty
Y Carrell
N Carter
Y Cauthorn
N Chafin

Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Y Colwell
Y Connell
Y Culbreth
Y Cummings.B

N Cummings.M Y Davis.D Y Davis.G N Davis.M
Dixon.H Y Dixon.S Y Dobbs
Y Dover
Dunn
Y Edwards
N Elliott

1500

JOURNAL OF THE HOUSE,

Felton Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B
Y Harris.J Y Heard Y Henson N Herbert Y Holland N Holmes
Howard Y Hudson Y Irwin

N Jackson N Jamieson Y Jenkins Y Jones Y Kilgore NKing Y Kingston Y Klein NLadd Y Lane.D Y Lane.R Y Langford N Lawrence N Lawson NLee YLong YLord
Lucas N Mann Y Martin Y McBee N McCoy Y McKelvey
McKinney.B McKinney.C

N Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody N Morsberger Y Moultrie
N Mueller Oliver.C
Y Oliver.M NOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten
N Pelote N Perry Y Pettit N Pinholster
Pinkston YPoag Y Porter Y Poston

Powell.A N Powell.C N Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L N Smith.P
Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F
N Stancil.S Stanley
Y Streat

N Tayior Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus N Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J Walker.L
N Wall Y Watson Y Watts N White N Wilder
N Williams.B Williams.J
Y Williams.R
Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 117, nays 41.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, SB 705 was ordered immediately transmitted to the Senate.

Representative Powell of the 13th 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 Herbert of the 76th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 956. By Representatives Twiggs of the 4th, Colwell of the 4th, Parham of the 105th and Coleman of the 118th:
A resolution commending Mr. Harold G. Thompson.

HR 957. By Representative Smith of the 152nd: A resolution commending the optometrists of Georgia.

HR 958. By Representative Hanner of the 131st:
A resolution congratulating Mrs. Gwendolyn C. Easterwood on the occasion of her 56th birthday.

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

TUESDAY, FEBRUARY 25, 1992

1501

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and adopted:
HR 959. By Representatives Childers of the 15th and McKelvey of the 15th: A resolution expressing best wishes to those attending the 1992 reunion of the Sugamo Prison Reunion Association.
HR 960. By Representatives Alford of the 57th, Irwin of the 57th, Sherrill of the 47th, Baker of the 51st, Oliver of the 53rd and others: A resolution expressing regret at the passing of Mr. Ellis A. Maloof.
HR 961. By Representative Harris of the 84th: A resolution commending Mr. Roy Thomas Smith.
HR 962. By Representatives Cummings of the 17th, Murphy of the 18th, Smith of the 16th, McBee of the 68th, Hudson of the 117th and others: A resolution commending Mr. Gerald S. Gilbert.
HR 963. By Representatives Chafin of the 72nd, Buckner of the 72nd and King of the 72nd: A resolution commending and recognizing Dr. Ernest A. Dunbar, Jr.
HR 964. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th: A resolution commending Berry College and recognizing the ninetieth anniversary of its founding.
HR 965. By Representatives Brown of the 88th and Howard of the 85th: A resolution commending the Terrell Visitation Academy basketball team.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate:
SB 705. By Senators Garner of the 30th, Dean of the 31st and 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 relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date.

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JOURNAL OF THE HOUSE,

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

SR 377. By Senator Kidd of the 25th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a water distribution line in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 99, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 379. By Senator Foster of the 50th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a water intake line in, on, over, under, upon, across, or through property owned by the State of Georgia in Rabun 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 99, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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

SB 705. By Senators Garner of the 30th, Dean of the 31st and 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 relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date.

Representative Hanner of the 131st moved that the House insist on its position in substituting SB 705.
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 839. By Representatives Twiggs of the 4th and Colwell of the 4th: A resolution designating the Riley C. Thurmond Bridge.

TUESDAY, FEBRUARY 25, 1992

1503

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 109, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1170.

By Representatives Barnett of the 10th and Powell of the 13th:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that a sick, injured, or disabled inmate shall be responsible for reimbursing the state, county, or municipality for the costs of medical services furnished the inmate.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that inmates who are covered by a health insurance plan or who are eligible for benefits under the "Georgia Medical Assistance Act of 1977" may be liable for medical care provided to the inmate in a detention facility; to provide that the officer in charge of a detention facility may provide a sick, injured, or disabled inmate access to medical services and arrange for the insurance carrier to pay the health care provider for the medical services rendered; to provide limitations on liability for medical care rendered to an inmate in a detention facility; to define certain terms; to change the provisions relating to duties of sheriffs as to jail inmates; to provide that an officer in charge of a detention facility may require an inmate to furnish certain information relating to health insurance coverage or other benefits; to change certain provisions relating to responsibilities and obligations of local governmental units with custody of inmates generally; to provide that, as a condition of probation, a probationer may be required to make reparation or restitution as reimbursement to a local governmental unit for the payment for medical care furnished the inmate pursuant to a certain law; to provide for adjudication of the amount of any reparation or restitution in question before payment is required; 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 in its entirety paragraph (2) of subsection (a) of Code Section 42-4-4, relating to duties of sheriffs as to jail inmates, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) To furnish persons confined in the jail with medical aid, heat, and blankets, to be reimbursed if necessary from the county treasury, for neglect of which he shall be liable to suffer the penalty prescribed in this Code section- provided, however, that, with respect to an inmate covered under Article 3 of this chapter, the officer in charge may provide such person access to medical aid and arrange for the insurance carrier to pay the health care provider for the aid rendered; and".
Section 2. Said title is further amended by adding at the end of Chapter 4 a new Article 3 to read as follows:
"ARTICLE 3
42-4-50. (a) As used in this article, the term: (1) 'Detention facility' means a municipal or county jail used for the detention of
persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense

1504

JOURNAL OF THE HOUSE,

and who is insured under existing individual health insurance, group health insurance, or prepaid medical care coverage or is eligible for benefits under Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977.'
(3) 'Officer in charge' means the sheriff, if the detention facility is under his supervision, or the warden, captain, or superintendent having the supervision of any other detention facility. 42-4-51. (a) The officer in charge or his designee may require an inmate to furnish the following information:
(1) The existence of any health insurance, group health plan, or prepaid medical care coverage under which the inmate is insured;
(2) The eligibility for benefits to which the inmate is entitled under Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977';
(3) The name and address of the third party payor; and (4) The policy or other identifying number. (b) The officer in charge may provide a sick, injured, or disabled inmate access to medical services and arrange for the insurance carrier to pay the health care provider for the medical services rendered.
(c) The liability for payment for medical care described under subsection (b) of this Code section may not be construed as requiring payment by any person or entity, except by an inmate personally or his carrier through coverage or benefits described under paragraph (1) of subsection (a) of this Code section or by or at the direction of the Department of Medical Assistance pursuant to paragraph (2) of subsection (a) of this Code section."
Section 3. Said title is further amended by striking in its entirety Code Section 42-5-2, relating to responsibilities and obligations of governmental unit with custody of inmate generally, and inserting in lieu thereof a new Code Section 42-5-2 to read as follows:
"42-5-2. (a) Except as provided in subsection (b) of this Code section, it ft shall be the responsibility of the governmental unit, subdivision, or agency having the physical custody of an inmate to maintain the inmate, furnishing him food, clothing, and any needed medical and hospital attention; to defend any habeas corpus or other proceedings instituted by or on behalf of the inmate; and to bear all expenses relative to any escape and recapture, including the expenses of extradition, ft Except as provided in subsection (b) of this Code section, it shall be the responsibility of the department to bear the costs of any reasonable and necessary emergency medical and hospital care which is provided to any inmate after the receipt by the department of the notice provided by subsection (a) of Code Section 42-5-50 who is in the physical custody of any other political subdivision or governmental agency of this state, except a county correctional institution, if the inmate is available and eligible for the transfer of his custody to the department pursuant to Code Section 42-5-50. rl%e Except as provided in subsection (b) of this Code section, the department shall also bear the costs of any reasonable and necessary follow-up medical or hospital care rendered to any such inmate as a result of the initial emergency care and treatment of the inmate. With respect to state inmates housed in county correctional institutions, the department shall bear the costs of direct medical services required for emergency medical conditions posing an immediate threat to life or limb if the inmate cannot be placed in a state institution for the receipt of this care. The responsibility for payment will commence when the costs for direct medical services exceed an amount specified by rules and regulations of the Board of Corrections. The department will pay only the balance in excess of the specified amount, ft Except as provided in subsection (b) of this Code section, it shall remain the responsibility of the governmental unit having the physical custody of an inmate to bear the costs of such medical and hospital care, if the custody of the inmate has been transferred from the department pursuant to any order of any court within this state. The department shall have the authority to promulgate rules and regulations relative to payment of such medical and hospital costs by the department.
(b) (1) The officer in charge of a local correctional institution may provide an inmate access to medical services or hospital care and arrange for the insurance carrier

TUESDAY, FEBRUARY 25, 1992

1505

to pay the health care provider for the services or care rendered as provided in Article 3 of Chapter 4 of this title.
(2) With respect to an inmate covered under Article 3 of Chapter 4 of this title, the costs of any medical services, emergency medical and hospital care, or follow-up medical or hospital care as provided in subsection (a) of this Code section for which a local governmental unit is responsible shall mean the costs of such medical services and hospital care which have not been paid by the insurance carrier or the Department of Medical Assistance."
Section 4. Said title is further amended by striking in its entirety Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof a new Code Section 42-8-35 to read as follows:
"42-8-35. The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation supervisor as directed; (4) Permit the supervisor to visit him at his home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by his offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by his offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation o restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated; {&) (9) Support his legal dependents to the best of his ability; {9} (10) Violate no local, state, or federal laws and be of general good behavior; {iff) (11) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where he may be found and not contest any effort by any jurisdiction to return him to this state."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Barnett of the 10th, was read and adopted:

A BILL
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that a health insurance carrier insuring an inmate or the Department of Medical Assistance may be responsible for paying the health care provider who has provided medical care to an inmate of a local detention facility; to provide that the officer in charge of a detention facility will provide a sick, injured, or disabled inmate access to medical services and may arrange for the inmate's health insurance carrier to pay the health care provider for the medical services rendered; to provide limitations on liability for medical care rendered to an inmate in a detention facility; to define certain terms; to change the provisions relating to duties of sheriffs as to jail inmates; to provide that an officer in charge of a detention facility may require an inmate to furnish certain information relating to health insurance coverage or other benefits; to change certain provisions relating to responsibilities and obligations of local governmental units with custody of inmates generally; to provide that, as a condition of probation, a probationer may be required to make reparation or restitution as reimbursement to a local governmental unit

1506

JOURNAL OF THE HOUSE,

for the payment for medical care furnished the inmate pursuant to a certain law; to provide for adjudication of the amount of any reparation or restitution in question before payment is required; 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 in its entirety paragraph (2) of subsection (a) of Code Section 42-4-4, relating to duties of sheriffs as to jail inmates, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) To furnish persons confined in the jail with medical aid, heat, and blankets, to be reimbursed if necessary from the county treasury, for neglect of which he shall be liable to suffer the penalty prescribed in this Code section; provided, however, that, with respect to an inmate covered under Article 3 of this chapter, the officer in charge will provide such person access to medical aid and may arrange for the person's health insurance carrier to pay the health care provider for the aid rendered; and".
Section 2. Said title is further amended by adding at the end of Chapter 4 a new Article 3 to read as follows:
"ARTICLE 3
42-4-50. (a) As used in this article, the term: (1) 'Detention facility' means a municipal or county jail used for the detention of
persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense and who is insured under existing individual health insurance, group health insurance, or prepaid medical care coverage or is eligible for benefits under Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977.' Such term does not include any sentenced inmate who is the responsibility of the State Department of Corrections.
(3) 'Officer in charge' means the sheriff, if the detention facility is under his supervision, or the warden, captain, or superintendent having the supervision of any other detention facility. 42-4-51. (a) The officer in charge or his designee may require an inmate to furnish the following information:
(1) The existence of any health insurance, group health plan, or prepaid medical care coverage under which the inmate is insured;
(2) The eligibility for benefits to which the inmate is entitled under Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977';
(3) The name and address of the third party payor; and (4) The policy or other identifying number. (b) The officer in charge will provide a sick, injured, or disabled inmate access to medical services and may arrange for the inmate's health insurance carrier to pay the health care provider for the medical services rendered. (c) The liability for payment for medical care described under subsection (b) of this Code section may not be construed as requiring payment by any person or entity, except by an inmate personally or his carrier through coverage or benefits described under paragraph (1) of subsection (a) of this Code section or by or at the direction of the Department of Medical Assistance pursuant to paragraph (2) of subsection (a) of this Code section."
Section 3. Said title is further amended by striking in its entirety Code Section 42-5-2, relating to responsibilities and obligations of governmental unit with custody of inmate generally, and inserting in lieu thereof a new Code Section 42-5-2 to read as follows:
"42-5-2. (a) Except as provided in subsection (b) of this Code section, it ft shall be the responsibility of the governmental unit, subdivision, or agency having the physical

TUESDAY, FEBRUARY 25, 1992

1507

custody of an inmate to maintain the inmate, furnishing him food, clothing, and any needed medical and hospital attention; to defend any habeas corpus or other proceedings instituted by or on behalf of the inmate; and to bear all expenses relative to any escape and recapture, including the expenses of extradition. It Except as provided in subsection (b) of this Code section, it shall be the responsibility of the department to bear the costs of any reasonable and necessary emergency medical and hospital care which is provided to any inmate after the receipt by the department of the notice provided by subsection (a) of Code Section 42-5-50 who is in the physical custody of any other political subdivision or governmental agency of this state, except a county correctional institution, if the inmate is available and eligible for the transfer of his custody to the department pursuant to Code Section 42-5-50. The Except as provided in subsection (b) of this Code section, the department shall also bear the costs of any reasonable and necessary follow-up medical or hospital care rendered to any such inmate as a result of the initial emergency care and treatment of the inmate. With respect to state inmates housed in county correctional institutions, the department shall bear the costs of direct medical services required for emergency medical conditions posing an immediate threat to life or limb if the inmate cannot be placed in a state institution for the receipt of this care. The responsibility for payment will commence when the costs for direct medical services exceed an amount specified by rules and regulations of the Board of Corrections. The department will pay only the balance in excess of the specified amount, ft Except as provided in subsection (b) of this Code section, it shall remain the responsibility of the governmental unit having the physical custody of an inmate to bear the costs of such medical and hospital care, if the custody of the inmate has been transferred from the department pursuant to any order of any court within this state. The department shall have the authority to promulgate rules and regulations relative to payment of such medical and hospital costs by the department.
(b) (1) The officer in charge will provide an inmate access to medical services or hospital care and may arrange for the inmate's health insurance carrier to pay the health care provider for the services or care rendered as provided in Article 3 of Chapter 4 of this title.
(2) With respect to an inmate covered under Article 3 of Chapter 4 of this title, the costs of any medical services, emergency medical and hospital care, or follow-up medical or hospital care as provided in subsection (a) of this Code section for which a local governmental unit is responsible shall mean the costs of such medical services and hospital care which have not been paid by the inmate's health insurance carrier or the Department of Medical Assistance."
Section 4. Said title is further amended by striking in its entirety Code Section 42-8-35, relating to terms and conditions of probation, and inserting in lieu thereof a new Code Section 42-8-35 to read as follows:
"42-8-35. The court shall determine the terms and conditions of probation and may provide that the probationer shall:
(1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation supervisor as directed; (4) Permit the supervisor to visit him at his home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by his offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by his offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated;

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48) (9) Support his legal dependents to the best of his ability; 49} (10) Violate no local, state, or federal laws and be of general good behavior; 4W (11) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where he may be found and not contest any effort by any jurisdiction to return him to this state."
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, by substitute.
On the passage of the Bill, by substitute, the ayes were 115, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1476.

By Representative Connell of the 87th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related organizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' compensation insurance issued to certain business entities.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related organizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' compensation insurance issued to certain business entities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related organizations, is amended by adding immediately following Code Section 33-9-40, relating to the prohibition of certain surcharges on motor vehicle insurance policies, a new Code Section 33-9-40.1 to read as follows:
"33-9-40.1. An insurer shall not assign an adverse experience modification factor which is applicable to the rate of a workers' compensation insurance policy issued to a particular business entity to the rate of a workers' compensation policy issued to another business entity maintaining a separate payroll for federal and state tax purposes and engaging in a distinctly different business enterprise for the sole reason that the majority interest in both business entities is held by the same person."
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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker assumed the Chair.

TUESDAY, FEBRUARY 25, 1992

1509

HB 1607.

By Representatives Colwell of the 4th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of probation or suspension of sentence, to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations of probation, so as to provide that defendants shall not in the same or related sentences be sentenced to both prison and probation.

The following substitute, offered by Representatives Colwell of the 4th and Groover of the 99th, was read:

A BILL
To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of probation or suspension of sentence; to change provisions relating to continuing jurisdiction over probated sentences; to change procedures relating to shortening a period of probation; to provide that the Department of Corrections shall have jurisdiction over the suspension of sentences of misdemeanor probationers; to amend Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to awarding earned-time allowances, so as to authorize the Department of Corrections to provide for a system of work incentive credits for felony inmates; to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations of probation, so as to provide that the provisions of said Code section shall be subject to the provisions of certain other statutes; to amend Code Section 42-8-34.1, relating to maximum terms of supervision on parole or probation, so as to provide for a twoyear maximum period of supervision; to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to authorize the chief judge of any court within a county to enter into agreements with private entities for misdemeanor probation services or to establish a county probation system for misdemeanors; to create the County Probation Advisory Council; to amend Code Section 42-9-21 of the Official Code of Georgia Annotated, relating to the supervision of persons placed on parole or other conditional release, so as to authorize the Board of Pardons and Paroles to enter into memoranda of agreement evidencing contracts for programs and services on behalf of persons in its legal custody; to amend Code Section 42-9-51 of the Official Code of Georgia Annotated, relating to final parole revocation hearings, so as to provide for mandatory revocation of parole in certain cases; 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. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety subsection (a) of Code Section 17-10-1, relating to the fixing of sentences, which reads as follows:
"(a) (1) Except in cases in which life imprisonment or the death penalty must be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years, which shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate the sentence under such rules and regulations as he deems proper. The judge shall also be empowered to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court. After the term of court, or

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60 days from the date on which the sentence was imposed by the judge, whichever time is greater, he shall have no authority to suspend, probate, modify, or change the sentence of the defendant, except as provided in paragraph (2) of this subsection or as otherwise provided by law.
(2) Where a defendant has been sentenced to probation, the court shall retain jurisdiction throughout the period of the probated sentence to shorten the period of probation on motion of the defendant or on its own motion, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant. Prior to entering any order for shortening a period of probation, the court shall afford notice and an opportunity for hearing to the prosecuting attorney; the victim or victims of the crime, if any; and the defendant by registered mail.", and inserting in lieu thereof a new subsection (a) to read as follows: "(a) (1) Except in cases in which life imprisonment or the death penalty must be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, subject to the conditions set out in this subsection.
(2) Probation supervision shall terminate in all cases no later than two years unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, in those cases involving the collection of fines, restitution, or other funds, the period of supervision shall remain in effect for so long as any such obligation is outstanding. No single added period of supervision for good cause shown shall exceed two years.
(3) Any part of a sentence revoked for a violation other than a subsequent felony offense or a serious infraction occurring within an alternative probation confinement facility shall be served in a probation detention center, probation boot camp, diversion center, weekend lock up, or confinement in a local jail or detention facility, or other community correctional alternatives available to the court or provided by the Department of Corrections.
(4) In cases of imprisonment followed by probation, the sentence shall specifically provide that the period of probation shall not begin until the defendant has been released from the jurisdiction of the Board of Pardons and Paroles, and no revocation of any part of such a probated term shall be effective until such time.
(5) Where a defendant has been sentenced to probation, the court shall retain jurisdiction throughout the period of the probated sentence as provided for in subsection (g) of Code Section 42-8-34. Without limiting the generality of the foregoing, the court may shorten the period of probation on motion of the defendant or on its own motion, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant."
Section 2. Said article is further amended by adding at the end of Code Section 17-10-3, relating to punishments for misdemeanors generally, a new subsection (g) to read as follows:
"(g) Supervision of a defendant by the Department of Corrections may be imposed in probated or suspended misdemeanor sentences only for the misdemeanor offenses set forth in Title 16, Code Sections 40-6-391, 40-6-393, 40-6-393.1, 40-6-394, or subsection (c) of Code Section 40-6-395, and for all misdemeanor offenses of a high and aggravated nature. Except as provided in this subsection, the Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders."
Section 3. Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to awarding earned-time allowances, is amended by adding at the end
thereof a new Code Section 42-5-101 to read as follows:

TUESDAY, FEBRUARY 25, 1992

1511

"42-5-101. (a) The Department of Corrections is authorized to devise and to provide by agency rule a system of work incentive credits which may be awarded by the department to persons committed to its custody for any felony prison term other than life imprisonment.
(b) Work incentive credits may be awarded by the department to recognize inmates' institutional attainments in academic or vocational education, satisfactory performance of work assignments made by the penal institution, and compliance with satisfactory behavior standards established by the department.
(c) The department may award up to one day of work incentive credits for each day during which the subject inmate has participated in approved educational or other counseling programs, has satisfactorily performed work tasks assigned by the penal institution, or has complied with satisfactory behavior standards established by the department.
(d) Any work incentive credits awarded an inmate by the department shall be reported by the department to the State Board of Pardons and Paroles which shall consider such credits when making a final parole release decision regarding the subject inmate. The department is authorized to recommend the board apply the work incentive credits to advance any tentative parole release date already established for the subject inmate.
(e) The department also shall report to the State Board of Pardons and Paroles the cases of inmates who decline or refuse to participate in work, educational, or counseling programs, who fail to comply with satisfactory behavior standards, and who therefore refuse to earn work incentive credits.
(f) Notwithstanding any other provision of law to the contrary, in any case in which the State Board of Pardons and Paroles applies an inmate's work incentive credits so as to implement parole release prior to the time set by law for initial parole consideration, the provisions of Code Section 42-9-46 shall not apply."
Section 4. Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations of probation, is amended by striking subsection (c), which reads as follows:
"(c) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such probation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant.", and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Subject to the provisions of subsection (a) of Code Section 17-10-1 and subsection (g) of Code Section 17-10-3, if it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such probation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant."
Section 5. Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to limitation on probation or parole supervision, is amended by striking subsection (e), which reads as follows:
"(e) In no event shall an offender be supervised on probation or parole, or both, for more than a total of four years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except upon written order of

1512

JOURNAL OF THE HOUSE,

the court for the purpose of enforcing restitution or fines or for the protection of the victim or class of victims as defined by age or gender or by type of crime committed.", and inserting in its place a new subsection (e) to read as follows:
"(e) In no event shall an offender be supervised on probation for more than a total of two years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except as provided by paragraph (2) of subsection (a) of Code Section 17-10-1."
Section 6. Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, is amended by striking Code Section 42-8-100, which reads as follows:
"42-8-100. (a) The judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of that county, is authorized to enter into an agreement with a private corporation, enterprise, or agency to provide general probation supervision, fine collection services, counseling, and other probation services for persons convicted of a misdemeanor in the probate court or magistrate court of the county and placed on probation in the county.
(b) The judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of that county, is authorized to establish a county probation system to provide general probation supervision, fine collection services, counseling, and other probation services for persons convicted of a misdemeanor in the probate court or magistrate court of the county and placed on probation in the county.", and inserting in lieu thereof a new Code Section 42-8-100 to read as follows:
"42-8-100. The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into agreements with private corporations, enterprises, or agencies, or to establish a county probation system, to provide general supervision and collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, counseling, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county."
Section 7. Said article is further amended by striking Code Section 42-8-101, relating to the Advisory Council for Probation in the Probate and Magistrate Courts, which reads as follows:
"42-8-101. There is created the Advisory Council for Probation in the Probate and Magistrate Courts, to be composed of one probate judge designated by the Council of Probate Court Judges, one chief magistrate designated by the Council of Magistrate Court Judges, and the commissioner of corrections or his designee. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services as authorized in subsection (a) of Code Section 42-8-100 and regarding standards and qualifications in the provision of probation services in the probate court or magistrate court", and inserting in lieu thereof a new Code Section 42-8-101 to read as follows:
"42-8-101. There is created the County Probation Advisory Council, to be composed of one superior court judge designated by the Council of Superior Court Judges, one state court judge designated by the Council of State Court Judges, one sheriff designated by the Georgia Sheriffs' Association, one probate court judge designated by the Council of Probate Court Judges, one chief magistrate designated by the Council of Magistrate Court Judges, and the commissioner of corrections or his designee. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services as authorized by Code Section 42-8-100."
Section 8. Code Section 42-9-21 of the Official Code of Georgia Annotated, relating to the supervision of persons placed on parole or other conditional release, is amended by striking said Code section, which reads as follows:
"42-9-21. The board shall have the function and responsibility of supervising all persons placed on parole or other conditional release by the board.",

TUESDAY, FEBRUARY 25, 1992

1513

and inserting in its place a new Code Section 42-9-21 to read as follows: "42-9-21. (a) The board shall have the function and responsibility of supervising all
persons placed on parole or other conditional release by the board. (b) The board is authorized to enter into memoranda of agreement or other written
documents evidencing contracts with other state agencies, persons, or nonsectarian entities, for services or for programs deemed by the board to be necessary for parolees or others conditionally released from imprisonment by order of the board."
Section 9. Said article is further amended by striking subsection (a) of Code Section 42-9-51, relating to final parole revocation hearings, which reads as follows:
"(a) A parolee who has allegedly violated the terms of his parole or conditional release shall have a right to a final hearing before the board, to be held within a reasonable time after the occurrence of one of the events listed in this subsection. However, a final hearing shall not be required if the parolee or conditional releasee has signed a waiver of final hearing or has been convicted of or entered a plea of guilty or nolo contendere to any crime, whether felony or misdemeanor, in a court of record of this state. The final hearing, if any, shall be held within a reasonable time:
(1) After an arrest warrant has been issued by a member of the board and probable cause for revocation has been found by the preliminary hearing officer;
(2) After a majority of the board overrules a determination by the preliminary hearing officer that probable cause does not exist;
(3) After the board or two of its members are informed of an alleged violation and decide to consider the matter of revocation without issuing a warrant for the alleged violator's arrest; or
(4) After a determination has been made that no preliminary hearing is required under subsection (a) of Code Section 42-9-50.", and inserting in its place in lieu thereof a new subsection (a) to read as follows: "(a) A parolee who has allegedly violated the terms of his parole or conditional release shall, except as otherwise provided in this subsection, have a right to a final hearing before the board, to be held within a reasonable time after the occurrence of one of the events listed in this subsection. No final hearing shall be required or permitted if the parolee or conditional releasee has been convicted of or entered any form of guilty plea or plea of nolo contendere in any federal or state court of record to any felony crime committed by the parolee or conditional releasee during a term of parole or conditional release, and which new conviction results in imposition by the convicting court of a term of imprisonment. The board shall in every case of a parolee or conditional releasee convicted of committing a felony offense while on parole or conditional release revoke the entire unexpired term of parole or conditional release. The board shall not have discretion to continue parole or conditional release in such cases. In no case shall a final hearing be required if the parolee or conditional releasee has signed a waiver of final hearing. The final hearing, if any, shall be held within a reasonable time: (1) After an arrest warrant has been issued by a member of the board and probable cause for revocation has been found by the preliminary hearing officer; (2) After a majority of the board overrules a determination by the preliminary hearing officer that probable cause does not exist; (3) After the board or two of its members are informed of an alleged violation and decide to consider the matter of revocation without issuing a warrant for the alleged violator's arrest; or (4) After a determination has been made that no preliminary hearing is required under subsection (a) of Code Section 42-9-50."
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

1514

JOURNAL OF THE HOUSE,

Representative Coleman of the 118th moves to amend the Floor substitute to HB 1607 as follows:
On page 6 line 8 by changing the word or to and.

The following amendment was read and adopted:

Representative Holland of the 136th moves to amend the Floor substitute to HB 1607 as follows:
On page 4, line 5, between the words "years" and "unless" the following: From the commencement of probation supervision and On page 4, line 14, between the words "sentence" and "revoked" the following: of probation.

The following amendment was read and adopted:

Representatives Groover of the 99th, Colwell of the 4th and Walker of the 115th move to amend the Floor substitute to HB 1607 as follows:
By striking lines 12 & 13 page 4.

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 Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barf'oot Y Bargeron Y Barnett.B
Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong N Blitch Y' Bordeaux
Y Bostick Branch Breedlove
Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter

Y Cauthorn Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd.J.M N Floyd.J.W Y Flynt
Y Godbee Golden

Y Goodwin E Green
Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson
Y Herbert Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R N Langford Y Lawrence

Y Lawson YLee YLong
YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows
Y Merritt Y Milam
Mills Y Mobley Y Moody Y Morsberger N Moultrie
Y Mueller Y Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett
Y Parham Y Parrish Y Patten Y Pelote Y Perry

Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Y Poston Y Powell.A
Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper N Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat

TUESDAY, FEBRUARY 25, 1992

1515

Y Taylor
Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N

Y Thurmond
Y Titus Y Tolbert Y Townsend
Y Turnquest

Y Twiggs
Y Valenti Y Vaughan Y WalkerJ
Y Walker.L

Y Wall
Y Watson Y Watts Y White
Y Wilder

N Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

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

Representatives Stanley of the 33rd and Mills of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:

HB 1910. By Representatives Lucas of the 102nd and Clark of the 13th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to change the definition of the term "personal care home"; to define additional terms; to provide certain requirements for licensure.
Referred to the Committee on Human Relations and Aging.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 705. By Senators Garner of the 30th, Dean of the 31st and 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 relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date.
The President has appointed on the part of the Senate the following:
Senators Garner of the 30th, Walker of the 43rd and Hooks of the 14th.

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 1282.

By Representatives Byrd of the 153rd, Watson of the 114th, Kilgore of the 42nd and Pettit of the 19th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of limousine carriers by the Public Service Commission.

1516

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:

N Abernathy Y Adams
Aiken Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty
Benefield
Y Birdsong Blitch
Y Bordeaux Y Bostick
Branch
Breedlove N Brooks Y Brown
Y Brush Buck
Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell
Connell Culbreth
Y Cummings.B Cummings.M
N Davis.D N Davis.G Y Davis.M
Dixon.H Dixon.S Y Dobbs
Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd.J.M Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J

Heard Y Henson Y Herbert Y Holland Y Holmes
Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson N Jenkins Y Jones
Y Kilgore YKing
Y Kingston Y Klein
YLadd Y Lane.D
Lane.R Langford Y Lawrence Y Lawson Y Lee YLong Lord Y Lucas YMann Y Martin
Y McBee Y McCoy Y McKelvey N McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett
Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson
Y Royal Y Selman Y Sherrill
Simpson
N Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith, W
Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C N Thomas.M
Thomas.N Thurmond
Y Titus Y Tolbert Y Townsend N Turnquest Y Twiggs
Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts N White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 134, nays 10. The Bill, having received the requisite constitutional majority, was passed.

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

SB 705. By Senators Garner of the 30th, Dean of the 31st and 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 relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date.

Representative Hanner of the 131st moved that the House adhere to its position in substituting SB 705 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:

TUESDAY, FEBRUARY 25, 1992

1517

Representatives Manner of the 131st, Smith of the 152nd and Dixon of the 128th.

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 1747.

By Representatives Hudson of the 117th, Bostick of the 138th, Carter of the 146th, Holland of the 136th, Ray of the 98th and others:
A bill to amend Code Section 2-11-22 of the Official Code of Georgia Annotated, relating to labeling requirements for seeds, so as to require that labels for agricultural seeds shall show the calendar year or years during which the seeds were produced.

The following Committee substitute was read:

A BILL
To amend Code Section 2-11-22 of the Official Code of Georgia Annotated, relating to labeling requirements for seeds, so as to require that labels for agricultural seeds shall show the calendar year or years during which the seeds were produced; to provide a certain exception; 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 2-11-22 of the Official Code of Georgia Annotated, relating to labeling requirements for seeds, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) For agricultural seeds the following information shall be given: (1) The commonly accepted name of kind and variety of each agricultural seed
component in excess of 5 percent of the whole and the percentage by weight of each in the order of its predominance. Where more than one component is required to be named, the word 'mixture' or the word 'mixed' shall be shown conspicuously on the label, provided that the Commissioner may, through the promulgation of regulations, allow certain kinds of seed to be labeled 'mixed' without showing the percentage of each variety present;
(2) The net weight; (3) The lot number or other lot identification; (4) The origin (state or foreign country); (5) The percentage by weight of all weed seeds; (6) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present; (7) The percentage by weight of crop seeds other than those required to be named on the label; (8) The percentage by weight of inert matter; (9) For each named agricultural seed:
(A) The percentage of germination, exclusive of hard seed; (B) The percentage of hard seeds, if present; and (C) The calendar month and year the test was completed to determine such percentage; and (D) The calendar year or years during which the seeds were produced; provided, however, that the requirement of this subparagraph shall not apply to grass seeds; following the information given pursuant to subparagraphs (A) and (B) of this paragraph, the 'total germination and hard seed' may be stated as such, if desired; and (10) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state."
Section 2. This Act shall become effective on January 1, 1993.

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JOURNAL OF THE HOUSE,

Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Ray of the 98th moves to amend the Committee substitute to HB 1747 as follows:
"grasOs.n" page 2 line 23, insert the word "lawn" after the word "to" and before the word

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell
Y Culbreth Y Cummings,B Y Cummings.M
Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon,S Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M
Floyd.J.W Y Flynt Y Godbee
Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard
Y Henson Y Herbert Y Holland
Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley N Moody Y Morsberger
Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley
Purcell Y Randall Y Rav Y Reaves Y Redding Y Ricketson Y Royal Y Sefman Y Sherrill
Simpson Y Sinkfield

Y' Skipper Y Smith.L Y Smith.P
Smith.T
Y Smith.W Y Smyre Y Snow N Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor N Teper
Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond
Y Titus Y Tolbert
Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker ,J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder N Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 1747 was ordered immediately transmitted to the Senate.

By unanimous consent, HB 1607 was ordered immediately transmitted to the Senate.

TUESDAY, FEBRUARY 25, 1992

1519

HB 1392.

By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to establish certain new licenses and tags; to increase the fees for certain licenses and stamps; to change the duration of certain licenses; to abolish certain licenses and permits; to amend Code Section 52-7-5, relating to the numbering of vessels using the waters of this state, so as to change the fees for registering boats.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe N Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux
Y Bostick Branch
Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Davis.D Y Davis.G N Davis.M Dixon.H Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards N Elliott Y Felton
Fennel Floyd.J.M Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin
Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein YLadd Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson
Y Lee Long Lord Lucas
N Mann Y Martin
Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney,C Y Meadows Y Merritt Y Milam

Y Mills
Y Mobley Moody
N Morsberger Y Moultrie N Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham
Parrish Patten N Pelote Y Perry Y Pettit Y Pinholster Y Pinkston N Poag Y Porter Y Poston Y Powell.A
Y Powell.C Y Presley
Purcell Randall
Y Ray Y Reaves
Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Y Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L
Y Wall Y Watson Y Watts Y White N Wilder Y Williams.B
Williams,J
Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 136, nays 13. The Bill, having received the requisite constitutional majority, was passed.

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 1324 Do Pass, by Substitute HB 1668 Do Pass, by Substitute

1520

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Balkcom of the 140th
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 1618 Do Pass HB 1722 Do Pass HB 1815 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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

SB 545 Do Pass HB 1474 Do Pass, by Substitute

HB 1749 Do Pass, by Substitute HB 1779 Do Pass

Respectfully submitted, /s/ Randall of the 101st
Chairman

Representative Dover of the llth 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 1146 Do Pass, by Substitute HB 1655 Do Pass HB 1399 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the llth
Chairman

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

WEDNESDAY, FEBRUARY 26, 1992

1521

Representative Hall, Atlanta, Georgia Wednesday, February 26, 1992

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The call of the roll was dispensed with.
Prayer was offered by the Reverend Richard L. Hall, Pastor, Macedonia Baptist Church, Stilson, Georgia.
The members pledged allegiance to the flag.
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 1902. By Representatives Carrell of the 65th, Thomas of the 69th and Connell of the 87th: A bill to amend Article 17 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to rights in certain works of art, so as to remove the requirements regarding duplications of certain works of art.
Referred to the Committee on Industry.
HB 1903. By Representatives Stancil of the 8th and Pinholster of the 8th: A bill to provide a new charter for the City of Nelson.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 1904. By Representatives Jackson of the 9th, Colwell of the 4th and Benefield of the 72nd:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to prohibit the issuance of permits for loads in excess of 12 feet wide if the load may be readily dismantled or separated.
Referred to the Committee on Transportation.

HB 1905. By Representatives Jackson of the 9th, Colwell of the 4th and Benefield of the 72nd:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to the length of motor vehicles and loads, so as to change the provisions relating to the length allowed for automobile carriers.
Referred to the Committee on Transportation.

HB 1906. By Representative Brown of the 88th:
A bill to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, so as to provide that at least 70 percent of the area of any publicly owned facility authorized to sell alcoholic beverages by the drink shall be set aside as a nondrinking area.
Referred to the Committee on Regulated Beverages.

HB 1907. By Representatives Smith of the 78th, Dunn of the 73rd, Jenkins of the 80th, Lawson of the 9th, Jackson of the 9th and others:
A bill to repeal an Act entitled "An Act to create the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census".
Referred to the Committee on State Planning & Community Affairs.

HB 1908. By Representatives Sherrill of the 47th and Teper of the 46th:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to regulation of aeronautics, aircraft, and airports, so as to authorize the imposition of fines by local governments for violations of noise abatement procedures.
Referred to the Committee on Transportation.

HB 1909. By Representatives Smith of the 78th, Dunn of the 73rd, Jenkins of the 80th, Lawson of the 9th, Jackson of the 9th and others:
A bill to repeal an Act entitled "An Act to provide for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this State having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census".
Referred to the Committee on State Planning & Community Affairs.

WEDNESDAY, FEBRUARY 26, 1992

1523

HB 1911. By Representative Beatty of the 12th:
A bill to provide a homestead exemption from all Jackson County and Jackson County School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that county and school district who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1912. By Representatives Valenti of the 52nd, Oliver of the 53rd, Martin of the 26th, Turnquest of the 56th, Thomas of the 31st 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 the regulation of labor pools.
Referred to the Committee on Industrial Relations.

HB 1913. By Representatives Groover of the 99th, Pinkston of the 100th, Elliott of the 103rd, Randall of the 101st and Birdsong of the 104th:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," so as to provide a consolidated charter for the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1914. By Representative Clark of the 13th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers, so as to revise certain provisions relating to the powers and duties of the board; to revise provisions relating to registration, licenses, and inspections.
Referred to the Committee on Judiciary.

HB 1915. By Representatives Holland of the 136th and Ray of the 98th:
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 define certain terms; to provide that sellers and lessors of telephone systems shall provide a statement of warranty of the availability of service and parts.
Referred to the Committee on Industry.

HB 1916. By Representative Blitch of the 150th: A bill to provide a charter for the City of Fargo.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1917. By Representative Groover of the 99th:
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 penalties for the manufacture, delivery, distribution, dispensing, administration, sale, or possession of certain controlled substances and narcotic drugs.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 1918. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Taylor of the 94th, Harris of the 96th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a sixth judge of the Superior Court of the Chattahoochee Judicial Circuit.
Referred to the Committee on Judiciary.

HB 1919. By Representative Selman of the 32nd:
A bill to amend an Act providing a new charter for the City of Palmetto, so as to revise and change the manner in which and the purpose for which special elections are called.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 966. By Representative Hudson of the 117th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of water and sanitary sewer lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Pulaski County.
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 1860 HB 1861 HB 1862 HB 1863 HB 1864 HB 1865 HB 1866 HB 1867 HB 1868 HB 1869 HB 1870 HB 1871 HB 1872 HB 1873 HB 1874 HB 1875 HB 1876 HB 1877 HB 1878 HB 1879 HB 1880 HB 1881 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 1910 HR 937 HR 938 HR 939 HR 946 HR 947 HR 948 HR 949 HR 950 HR 955 SB 468 SB 595 SB 607 SB 622 SB 693 SB 726 SR 443 SR 444

WEDNESDAY, FEBRUARY 26, 1992

1525

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 939 Do Pass SR 407 Do Pass, by Substitute SR 408 Do Pass

SR 414 Do Pass SR 418 Do Pass

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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1231 Do Pass HB 1712 Do Pass HB 1719 Do Pass, by Substitute HB 1731 Do Pass HB 1762 Do Pass

HB 1852 Do Pass, by Substitute SB 662 Do Pass SB 663 Do Pass HB 1849 Do Pass SB 661 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:
Your Committee on University System of Georgia has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1823 Do Pass, by Substitute HR 543 Do Pass, as Amended
Respectfully submitted, /s/ Buck of the 95th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 26, 1992
Mr. Speaker and Members of the House:

1526

JOURNAL OF THE HOUSE,

The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:

HB 353 HB 1004 HB 1145 HB 1146 HB 1175 HB 1211 HB 1212 HB 1265 HB 1308 HB 1311 HB 1503 HB 1618 HB 1649 HB 1655 HB 1679

Teachers Retirement System; attendance officers; members Public info services and materials; user fees(Postponed 2-26-92) Motor vehicles; license plates and titles; fees Sales tax; limit reimbursement to dealers for collecting Incapacitated adults; hearings; compensation Municipal courts; criminal trespass; certain jurisdiction Hotel-motel tax; certain accommodations; applicability Humane Care for Equines Act; enact Construction codes; liquefied petroleum gas; reenact provisions General Assembly; air travel costs; reimbursement Fire safety standards; revise provisions Mclntosh County; superior court; terms Foreign limited liability companies; provisions Intangible tax; exempt stock in certain financial institutions Workers' compensation; amend provisions

HR 829 Clarke County; grant easement HR 841 Gordon County; convey property

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

HB 1231.

By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to update certain population figures relating to the authority of certain boards of directors of development authorities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1712.

By Representative Martin of the 26th:
A bill to amend an Act establishing a municipal court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 26, 1992

1527

HB 1719. By Representative Mobley of the 64th:
A bill to amend an Act re-creating and establishing a Board of Commissioners of Barrrow County, so as to reapportion the commissioner districts.

The following Committee substitute was read and adopted: '

A BILL
To amend an Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved February 28, 1988 (Ga. L. 1988, p. 3585), so as to reapportion the commissioner districts; to provide for insertions and deletions; to provide that all members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved February 28, 1988 (Ga. L. 1988, p. 3585), is amended by striking in its entirety Section 4 and inserting a new section to read as follows:
"Section 4. (a) For the purposes of electing the members of the board other than the chairperson, Barrow County shall be divided into six commissioner districts as follows:
COMMISSIONER DISTRICT 1 Beginning at the intersection of the southerly right-of-way of Fred Kilcrease Road with the Apalachee River; thence in a north northeasterly direction along the southerly right-of-way of Fred Kilcrease Road to its intersection with easterly right-of-way of Patrick Mill Road; thence in a northerly direction along the easterly right-of-way Patrick Mill Road to the intersection with southerly right-of-way Bill Rutledge Road; thence in an easterly direction along the southerly right-of-way of Bill Rutledge Road to its intersection with the boundary of the City of Winder; thence in a northerly direction along boundary of the City of Winder to its intersection with the easterly right-of-way of Lakeview Drive; thence in a northerly direction along the easterly right-of-way of Lakeview Drive to its intersection with the southerly right-of-way of State Highway 8, also known as West May Street; thence in an easterly direction along the southerly right-of-way of State Highway 8 to its intersection with the westerly right-of-way of Center Street; thence in a southerly direction along the westerly right-of-way to its intersection with the southerly right-of-way of Lily Drive; thence in an easterly direction along the southerly right-of-way of Lily Drive to its intersection with the southerly right-of-way of Lee Street; thence in an southeasterly direction along the southerly right-of-way of Lee Street to its intersection with the easterly right-of-way Maynard Street; thence in a northeasterly direction along the easterly right-of-way of Maynard Street to its intersection with the southerly right-of-way of Second Street; thence in an easterly direction along the southerly right-of-way of Second Street to its intersection with the easterly right-of-way of Wade Street; thence in a northerly direction along the easterly right-of-way of Wade Street to its intersection with the southerly right-of-way of South Williams Street; thence in an easterly direction along the southerly right-of-way of South Williams Street to its intersection with the northerly right-of-way of State Highway 8, also known as East May Street; thence in a westerly direction along the northerly right-of-way of State Highway 8 to its intersection with the easterly right-of-way of Mill Street; thence in a northerly direction along the easterly right-of-way of Mill Street to its intersection with the southerly right-of-way of Athens Street; thence in a southeasterly direction along the southerly right-of-way of Athens Street to its intersection with the westerly right-of-way of King Street; thence in a northeasterly direction along the westerly right-of-way of King

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Street to its intersection with the southerly right-of-way of Wright Street; thence in a east southeasterly direction along the southerly right-of-way of Wright Street to its intersection with the westerly right-of-way of Pickle Simon Road; thence in a southerly direction along the westerly right-of-way of Pickle Simon Road to its intersection with the westerly right-of-way Cliff Day Road; thence in a southerly direction along the westerly right-of-way of Cliff Day Road to its intersection with the northerly right-of-way of State Highway 8; thence in a westerly direction along the northerly right-of-way of State Highway 8 to its intersection with the westerly right-of-way Bert Day Road; thence in a southerly direction along the westerly right-of-way of Bert Day Road to its intersection with the northerly right-of-way of State Highway 53; thence in a westerly direction along the northerly right-of-way of State Highway 53 to its intersection with the westerly right-of-way of Golf Course Road; thence in a southerly direction along the westerly right-of-way of Golf Course Road to its intersection with
the northerly right-of-way of the Plantation Pipe Line; thence in a westerly direction along the northerly right-of-way of the Plantation Pipe Line to its intersection with
the easterly right-of-way of Corinth Church Road; thence in a northerly direction along the easterly right-of-way of Corinth Church Road to its intersection with the easterly right-of-way of State Highway 11; thence in a southerly direction along the
easterly right-of-way of State Highway 11 to its intersection with the easterly right-ofway of Harry McCarty Road; thence in a southerly direction along the easterly rightof-way of Harry McCarty Roads to its intersection with the easterly right-of-way of
Briscoe Mill Road; thence in a southerly direction along the easterly right-of-way Briscoe Mill Road to its intersection with Dillard Creek; thence in an easterly direction along Dillard Creek to its intersection with the westerly right-of-way of State
Highway 11; thence in a southerly direction along the westerly right-of-way of State Highway 11 to its intersection with the Apalachee River; thence in a westerly direction
along the Apalachee River to its intersection with the southerly right-of-way of Fred
Kilcrease Road, the true point of beginning. COMMISSIONER DISTRICT 2
Beginning at the intersection of the westerly right-of-way of State Highway 11 with the Apalachee River; thence in a northerly direction along the westerly right-of-way
State Highway 11 to its intersection with Dillard Creek; thence in a westerly direction along Dillard Creek to its intersection with the easterly right-of-way of Briscoe Mill
Road; thence in a northerly direction along the easterly right-of-way Briscoe Mill Road to its intersection with easterly right-of-way of Harry McCarty Road; thence in
a northerly direction along the easterly right-of-way of Harry McCarty Road to its intersection with easterly right-of-way of State Highway 11; thence in a northerly
direction along the easterly right-of-way State Highway 11 to its intersection with the easterly right-of-way of Corinth Church Road; thence in a southerly direction along
the easterly right-of-way of Corinth Church Road to its intersection with the northerly right-of-way of the Plantation Pipe Line; thence in a easterly direction along the northerly right-of-way of the Plantation Pipe Line to its intersection with the westerly
right-of-way of Golf Course Road; thence in northerly direction along the westerly
right-of-way of Golf Course Road to its intersection with northerly right-of-way of State Highway 53; thence in a easterly direction along the northerly right-of-way of
State Highway 53 to its intersection with westerly right-of-way of Bert Day Road; thence in a northerly direction along the westerly right-of-way of Bert Day Road to its intersection with northerly right-of-way of State Highway 8; thence in a easterly
direction along the northerly right-of-way of State Highway 8 to its intersection with the westerly right-of-way of Cliff Day Road; thence in a northerly direction along the
westerly right-of-way of Cliff Day Road to its intersection with the westerly right-ofway of Pickle Simon Road; thence in a northerly direction along the westerly right-of-
way of Pickle Simon Road to its intersection with the southerly right-of-way of Wright Street; thence in a west northwesterly direction along southerly right-of-way of Wright Street to its intersection with the easterly right-of-way of Broad Street; thence in a northerly direction along the easterly right-of-way of Broad Street to its intersection
with the southerly right-of-way of State Highway 11; thence in a northeasterly direc-
tion along the southerly right-of-way of State Highway 11 to its intersection with the

WEDNESDAY, FEBRUARY 26, 1992

1529

westerly right-of-way of Pendergrass Road; thence in a northerly direction along the westerly right-of-way of Pendergrass Road to its intersection with the northerly rightof-way of Old Pendergrass Road; thence in a northwesterly direction along the northerly right-of-way of Pendergrass Road to its intersection with the southerly right-of-way of the Georgia Power Transmission Line; thence in a easterly direction along the southerly right-of-way of Georgia Power Transmission Line to its intersection with the westerly right-of-way of Pendergrass Road; thence in a northerly direction along the westerly right-of-way of Pendergrass Road to its intersection with the southerly right-of-way of Rockwell Church Road; thence in a westerly direction along the southerly right-of-way of Rockwell Church Road to its intersection with the easterly right-of-way of State Highway 53; thence in a northerly direction along the easterly right-of-way of State Highway 53 to its intersection with the Mulberry River; thence in a easterly direction along the Mulberry River to its intersection with the westerly right-of-way of Hancock Bridge Road; thence in a southwesterly direction along the westerly right-of-way of Hancock Bridge Road to its intersection with the easterly right-of-way of Pleasant Hill Church Road; thence in a southerly direction along the easterly right-of-way of Pleasant Hill Church Road to its intersection with the westerly right-of-way of Bowman Mill Road; thence in a southerly direction along the westerly right-of-way of Bowman Mill Road to its intersection with the westerly right-of-way Jackson Trail Road; thence in a southerly direction along the westerly right-of-way of Jackson Trail Road to its intersection with the northerly right-of-way of State Highway 324; thence in an westerly direction along the northerly right-of-way of State Highway 324 to its intersection with the westerly right-of-way of Bethlehem Church Road; thence in a southwesterly direction along the westerly right-of-way of Bethlehem Church Road to its intersection with northerly right-of-way of Manning Gin Road; thence in an easterly direction along the northerly right-of-way of Manning Gin Road to its intersection with the easterly right-of-way of Yearwood Road; thence in a southerly direction along the easterly right-of-way of Yearwood Road to its intersection with Yearwood Creek; thence in a southeasterly direction along Yearwood Creek to its intersection with the Apalachee River; thence in a west southwesterly direction along the Apalachee River to its intersection with the westerly right-of-way
State Highway 11, the true point of beginning. COMMISSIONER DISTRICT 3
Beginning at the intersection of Yearwood Creek and the Apalachee River; thence in a northwesterly direction along Yearwood Creek to its intersection with the easterly
right-of-way of Yearwood Road; thence in a northerly direction along the easterly
right-of-way of Yearwood Road to its intersection with the northerly right-of-way of Manning Gin Road; thence in a westerly direction along the northerly right-of-way of
Manning Gin Road to its intersection with the westerly right-of-way of Bethlehem Church Road; thence in a northeasterly direction along the westerly right-of-way of
Bethlehem Church Road to its intersection with the northerly right-of-way of State Highway 324; thence in a easterly direction along the northerly right-of-way of State
Highway 324 to its intersection with the westerly right-of-way of Jackson Trail Road; thence in a northerly direction along the westerly right-of-way of Jackson Trail Road
to its intersection with the westerly right-of-way of Bowman Mill Road; thence in a northerly direction along the westerly right-of-way of Bowman Mill Road to its inter-
section with the easterly right-of-way of Pleasant Hill Church Road; thence in a northerly direction along the easterly right-of-way of Pleasant Hill Church Road to its
intersection with the westerly right-of-way of Hancock Bridge Road; thence in a northeasterly direction along the westerly right-of-way of Hancock Bridge Road to its intersection with the Mulberry River; thence in a easterly direction along the
Mulberry River to its intersection with the Barrow County Boundary; thence continuing in a southerly direction along the Barrow County Boundary to its intersection with
the Apalachee River; thence in a westerly direction along the Apalachee River to its intersection with Yearwood Creek, the true point of beginning.
COMMISSIONER DISTRICT 4
Beginning at the intersection of the Apalachee River and the easterly right-of-way of Brown's Bridge Road; thence in a north-easterly direction along the easterly rightof-way of Brown's Bridge Road to its intersection with the northerly right-of-way of

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JOURNAL OF THE HOUSE,

the Georgia Power Transmission Line; thence in an easterly direction along the northerly right-of-way of the Georgia Power Transmission Line to its intersection with the boundary of the City of Carl; thence in a westerly direction along the boundary of the City of Carl to its intersection with the westerly right-of-way of Carl-Cedar Hill Road; thence in a northeasterly direction along the westerly right-of-way of Carl-Cedar Hill Road to its intersection with the westerly right-of-way of Bee Maxey Road; thence in a northerly direction along the westerly right-of-way of Bee Maxey Road to its intersection with the southerly right-of-way of Dee Kennedy Road; thence in an easterly direction along the southerly right-of-way of Dee Kennedy Road to its intersection with the westerly right-of-way of State Highway 211; thence in a northerly direction along the westerly right-of-way of State Highway 211 to its intersection with the Little Mulberry River; thence in a westerly direction along the Little Mulberry River to its intersection with the easterly right-of-way of Dee Kennedy Road; thence in a northwesterly direction along the easterly right-of-way of Dee Kennedy Road to its intersec-
tion with the boundary of Barrow County; thence in a south southeasterly direction along the boundary of Barrow County to its intersection with the Apalachee River;
thence in a southeasterly direction along the Apalachee River to its intersection with the easterly right-of-way of Brown's Bridge Road, the true point of beginning.
COMMISSIONER DISTRICT 5
Beginning at the intersection of the Apalachee River and the easterly right-of-way of Brown's Bridge Road; thence in a northeasterly direction along the easterly rightof-way of Brown's Bridge Road to its intersection with the northerly right-of-way of
the Georgia Power Transmission Line; thence in an easterly direction along the northerly right-of-way of the Georgia Power Transmission Line to its intersection with the boundary of the City of Carl; thence in a westerly direction along the boundary of the
city of Carl to its intersection with the westerly right-of-way of Carl-Cedar Hill Road; thence in a northeasterly direction along the westerly right-of-way of Carl-Cedar Hill
Road to its intersection with the northerly right-of-way of Rockwell Church Road; thence in an easterly direction along the northerly right-of-way of Rockwell Church
Road to its intersection with the westerly right-of-way of Miles Patrick Road; thence in a southeasterly direction along the westerly right-of-way of Miles Patrick Road to
its intersection with Midland Avenue; thence in a southerly direction along the westerly right-of-way to its intersection with the northerly right-of-way of James Street;
thence in a westerly direction along the northerly right-of-way of James Street to its intersection with the easterly right-of-way of Candler Street; thence in a southerly
direction along the easterly right-of-way of Candler Street to its intersection with the
easterly right-of-way of Betts Street; thence in a southerly direction along the easterly right-of-way of Betts Street to its intersection with the northerly right-of-way of Ath-
ens Street, also known as State Highway 211; thence in an easterly direction along the northerly right-of-way of Athens Street to its intersection with the easterly right-of-
way of Beulah Street; thence in a southerly direction along the easterly right-of-way Beulah Street to its intersection with the northerly right-of-way of State Highway 8,
also known as West May Street; thence in a westerly direction along the northerly right-of-way of State Highway 8 to its intersection with easterly right-of-way of
Lakeview Drive; thence in a southerly direction along the easterly right-of-way of Lakeview Drive to its intersection with the boundary of the City of Winder; thence
in a southerly direction along the boundary of the City of Winder to its intersection with the southerly right-of-way of Bill Rutledge Road; thence in a westerly direction
along the southerly right-of-way of Bill Rutledge Road to its intersection with the easterly right-of-way of Patrick Mill Road; thence in a southerly direction along the
easterly right-of-way of Patrick Mill Road to its intersection with the southerly rightof-way of Fred Kilcrease Road; thence in a south southwesterly along the southerly
right-of-way of Fred Kilcrease Road to its intersection with Apalachee River; thence in a northwesterly direction along the Apalachee River to its intersection with the
easterly right-of-way of Brown's Bridge Road, the true point of beginning. COMMISSIONER DISTRICT 6
Beginning at the intersection of the easterly right-of-way of Dee Kennedy Road with the boundary of Barrow County; thence in a north northeasterly direction along

WEDNESDAY, FEBRUARY 26, 1992

1531

the boundary of Barrow County to its intersection with the Mulberry River; thence in a southeasterly direction along Mulberry River to its intersection with the easterly right-of-way of State Highway 53; thence in a southerly direction along the easterly right-of-way of Sate Highway 53 to its intersection with the southerly right-of-way of Rockwell Church Road; thence in an easterly direction along the southerly right-ofway of Rockell Church to its intersection with the westerly right-of-way of Pendergrass Road; thence in a southerly direction along the westerly right-of-way of Pendergrass Road to its intersection with the southerly right-of-way of the Gerogia Power Transmission Line; thence in a westerly direction along the southerly right-ofway of the Georgia Power Transmission Line to its intersection with the northerly right-of-way of Old Pendergrass Road; thence in a southeasterly direction along the northerly right-of-way of Old Pendergrass Road to its intersection with the westerly right-of-way of Pendergrass Road; thence in a southerly direction along the westerly of Pendergrass Road to its intersection with the southerly right-of-way of State Highway 11; thence in a southwesterly direction along the southerly right-of-way of Sate Highway 11 to its intersection with the southerly right-of-way of Wright Street; thence in an east southeasterly direction along the southerly right-of-way of Wright Street to its intersection with westerly right-of-way of King Street; thence in a southwesterly direction along the westerly right-of-way of King Street to it intersection with the southerly right-of-way Athens Street; thence in a northewesterly direction along the southerly right-of-way of Athens Street to its intersection with the easterly right-ofway of Mill Street; thence in a southerly direction along the easterly right-of-way of Mill Street to it intersection with the northerly right-of-way of Sate Highway 8, also known as East May Street; thence in an easterly direction along the northerly rightof-way of State Highway 8 to its intersection with the southerly right-of-way of South Williams Street; thence in a westerly direction along the southerly right-of-way of South Williams Street to its intersection with the easterly right-of-way of Wade Street; thence in a westerly direction along the southerly right-of-way of Wade Street to its intersection with the southerly right-of-way of Second Street; thence in a northwesterly direction along the southerly right-of-way of Second Street to its intersection with the easterly right-of-way of Maynard Street; thence in a southwesterly direction along the easterly right-of-way of Maynard Street to its intersection with southerly right-of-way of Lee Street; thence in a northwesterly direction along the southerly right-of-way of Lee Street to its intersection with the southerly right-of-way of Lily Drive; thence in an westerly direction along the southerly right-of-way of Lily Drive to its intersection with the westerly right-of-way of Center Street; thence in a northerly direction along the westerly right-of-way of Center Street to its intersection with the southerly right-of-way of State Highway 8, also known as May Street; thence in a westerly direction along the southerly right-of-way of State Highway 8 to its intersection with the easterly right-of-way of Beulah Street; thence in a northerly direction along the easterly right-of-way of Beulah Street to its intersection with the northerly right-of-way of State Highway 211, also known as Athens Street; thence in a westerly direction along the northerly right-of-way of Sate Highway 211 to its intersection with the easterly right-of-way of Betts Street; thence in a northerly direction along the easterly right-of-way of Betts Street to its intersection with the easterly right-of-way of Candler Street; thence in a northerly direction along the easterly right-of-way of Candler Street to tis intersection with the northerly right-of-way of James Street; thence in a easterly direction along the northerly right-of-way of James Street to its intersection with westerly right-of-way of Midland Avenue; thence in a northerly direction along the westerly right-of-way of Midland Avenue to its intersection with the westerly right-of-way of Miles Patrick Road; thence in a north-westerly direction along the westerly right-of-way of Miles Patrick Road to its intersection with the
northerly right-of-way of Rockwell Church Road; thence in a westerly direction along
the northerly right-of-way of Rockwell Church Road to its intersection with the west-
erly right-of-way of Carl-Cedar Hill Road; thence in a westerly direction along the
westerly right-of-way of Carl-Cedar Hill Road to its intersection with the westerly
right-of-way of Bee Maxey Road; thence in a northerly direction along the westerly

1532

JOURNAL OF THE HOUSE,

right-of-way of Bee Maxey Road to its intersection with the southerly right-of-way of Dee Kennedy Road; thence in a easterly direction along the southerly right-of-way of Dee Kennedy Road to its intersection with the westerly right-of-way of Sate Highway 211; thence in a northerly direction along the westerly right-of-way of State Highway 211 to its intersection with the Little Mulberry River; thence in a westerly direction along the Little Mulberry River to its intersection with the easterly right-of-way of Dee Kennedy Road; thence in a northwesterly direction along the easterly right-of-way of Dee Kennedy Road to its intersection with the boundary of Barrow County, the true point of beginning, (b) For purposes of this section:
(1) Any part of Barrow County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(2) Any part of Barrow County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said Act is further amended by striking Section 5 in its entirety and inserting a new section to read as follows:
"Section 5. (a) Notwithstanding those changes in descriptions of commissioner districts which become effective at the same time this section becomes effective, members of the board shall serve the term for which they were elected or selected if selected to fill a vacancy and until their successors are elected and qualified.
(b) Effective on the first Monday in January, 1993, the members of the board representing Commissioner Districts 4, 5, and 6 in accordance with the commissioner districts which become effective in 1993 shall be the former members of the board of commissioners representing Commissioner Districts 4, 5, and 6 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board of commissioners so elected and the chairperson shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on January 1, 1995, for terms of four years and until their successors are elected and qualified.
(c) The chairperson and members representing Commissioner Districts 1, 2, and 3 shall be elected at the general election of 1992 and shall take office on January 1, 1993, for terms of four years and until their successors are elected and qualified.
(d) Successors to the chairperson and members elected under subsections (b) and (c) and future successors shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day in January immediately following their election for terms of four years and until their successors are elected and qualified."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of commissioners of Barrow County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. Except for the provisions of this Act relating to and necessary for the election of the members of the board of commissioners of Barrow County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners shall become effective upon its approval by the Governor or upon its becoming law without such approval.

WEDNESDAY, FEBRUARY 26, 1992

1533

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

HB 1731.

By Representative Dobbs of the 74th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Newton County during designated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1762. By Representative Lord of the 107th: A bill to provide a new charter for the City of Kite.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1852.

By Representatives Coker of the 21st, Vaughan of the 20th, Atkins of the 21st, Wilder of the 21st, Aiken of the 21st and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to provide that in the event of a vacancy in the position of two commissioners, a majority vote of the members present at the meeting shall be sufficient for the commission to take action.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to provide that in the event of a vacancy in the position of two commissioners, a majority vote of the members present at the meeting shall be sufficient for the commission to take action if an emergency has been declared to exist or exigent circumstances exist requiring emergency action; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by adding a new Section 9A to read as follows:

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JOURNAL OF THE HOUSE,

"Section 9A. Notwithstanding any other provisions of law to the contrary, in the event of a vacancy in two or more of the commissioner posts, a majority vote of the members present at the meeting shall be sufficient for the commission to take official action, provided that the chairman or the acting chairman has declared that an emergency exists or that there exist exigent circumstances requiring emergency action by the remaining members."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Cobb County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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 128, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 662. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, as amended, so as to change the county supplement to the state salary of said judges; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 663. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, as amended, so as to change the amount of said supplement; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1849.

By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide a homestead exemption from all Rabun County ad valorem taxes in the amount of $12,500.00 of the assessed value of the homestead for certain residents of Rabun 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.

WEDNESDAY, FEBRUARY 26, 1992

1535

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams ' Y Aiken Y Alford
Ashe Y Atkins Y Baker Y Balkfom Y Bartoot
Bargeron Barnetl.B Y Harriett.M Bates Y Beam Y Benefield Y Birdsimg Blitch Y Bordeaux Y Bostick Branch Y Breedlove N Brooks Brown Y Brush Y Buck Buckner Y Bvrd Y Campbell Cantv Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y' Cheeks Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Oummings.B Cummings.M Davis.D Y Davis.G Y Davis.M Dixon.H Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson
Herbert Y Holland
Holmes Howard Y Hudson Irwin Y Jackson Y Jamieson Y Jenkins Jones Y Kilgore Y King Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B McKinney.C Y Meadows Y Merritt Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orr Y Orrock
Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston Poag Y Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Randall Y Ray Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson Sinkfield

Y Skipper Y Smith.L
Smith,? Y Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S
Stanley Y Street Y Taylor Y Teper
Thomas.C Thomas.M Y Thomas,N Thurmond Y Titus Y Tolbert Y Townsend Turnquest Twiggs Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams,B Y Williams.J Y Williams,R Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 128, nays 1. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representatives Mills of the 20th, Jones of the 71st and Buckner of the 72nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 661. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act entitled "An Act to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences," so as to increase the amount of such exemption; to provide for a referendum.

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

Y Abernathy
Y Adams
Y Aiken
Y Alford Ashe
Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron

Barnett.B
Y Barnett.M
Bates
Y Beatty Y Benefield
Y Birdsong Blitch
Y Bordeaux Y Bostick
Branch

Y Breedlove
N Brooks
Brown
Y Brush Y Buck
Buckner Y Byrd Y Campbell
Canty
Y Carrell

Y Carter
Y Cauthorn
Y Chafin
Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.L Y Coker
Y Coleman

Y Colwell
Connell
Y Culbreth
Cummings.B Cummings.M
Davis.D Y Davis.G Y Davis.M
Dixon.H
Dixon.S

1536
Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y FloydJ.M Y Floyd.J.W Y Flynt Y Godbee
Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson
Herbert Y Holland

JOURNAL OF THE HOUSE,

Holmes Howard Y Hudson Irwin Y Jackson Y Jamieson Y Jenkins Jones Y Kilgore Y King Kingston
Y Klein Y Ladd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy

Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt
Milam Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C
Oliver.M Y Orr Y Orrock
Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston Poag

Y Porter Poston
Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray
Reaves Redding Y Ricketson
Y Royal Y Selman Y Sherrill
Simpson Sinkfield Y Skipper Y Smith.L Sraith.P Y Smith.'!' Y Smith.W Y Smyre Snow Y Stancil.F Y Stancil.S Stanley

Y Streat Y Taylor Y Teper
Thomas.C Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Turnquest
Twiggs Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 128, nays 1. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representatives Mills of the 20th, Jones of the 71st and Buckner of the 72nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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 166. By Senators Taylor of the 12th, Gillis of the 20th, Timmons of the llth and others:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that when a spouse who is a designated beneficiary predeceases the retired member, the retirement allowance of the retired member shall be increased to the maximum allowance; to provide that a new spouse may be designated a beneficiary.

SB 639. By Senator Henson of the 55th:
A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the wholesale distribution by out-of-state principal, so as to repeal certain provisions relating to contract for services in the state; to repeal the requirement that the principal contracts with a sales representative be in writing; to change the provisions relating to rights of sales representatives; to provide an effective date.

WEDNESDAY, FEBRUARY 26, 1992

1537

HB 1700. By Representative Oliver of the 121st:
A bill to amend an Act creating the Board of Commissioners of Tattnall County, so as to reapportion and change the boundaries of the five road districts in Tattnall County for the purpose of electing members of the board of commissioners.

HB 1702. By Representative Oliver of the 121st:
A bill to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to change the provisions relating to the election of members of the board of education and reapportion the education districts from which members are elected.

HB 1724. By Representatives Jamieson of the llth and Dover of the llth:
A bill to require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Stephens County in addition to all other legal costs, and that such fees be remitted monthly to the secretary-treasurer of the Board of Trustees of the Stephens County Law Library.

HB 1728. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th:
A bill to amend an Act incorporating the Town of Clermont in the County of Hall, so as to provide terms for the mayor and councilmen.

HB 1738. By Representatives Hanner of the 131st and Holland of the 136th:
A bill to create the Lee County Utilities Authority and to authorize such authority to acquire, construct, operate, and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations.

HB 1746. By Representative Stancil of the 66th:
A bill to abolish the office of elected county surveyor of Oconee County; to provide for the appointment of a county surveyor by the governing authority of the county.

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

HR 945. By Representatives Poston of the 2nd, McBee of the 68th, Thurmond of the 67th and Teper of the 46th:
A resolution commending Bill Berry, Peter Buck, Mike Mills, and Michael Stipe.

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

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JOURNAL OF THE HOUSE,

SB 166. By Senators Taylor of the 12th, Gillis of the 20th, Timmons of the llth and others:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that when a spouse who is a designated beneficiary predeceases the retired member, the retirement allowance of the retired member shall be increased to the maximum allowance; to provide that a new spouse may be designated a beneficiary.
Referred to the Committee on Retirement.

SB 639. By Senator Henson of the 55th:
A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the wholesale distribution by out-of-state principal, so as to repeal certain provisions relating to contract for services in the state; to repeal the requirement that the principal contracts with a sales representative be in writing; to change the provisions relating to rights of sales representatives; to provide an effective date.
Referred to the Committee on Industry.

Representative Dunn of the 73rd moved that further consideration of HB 1004 be postponed until Monday, March 2, 1992, immediately following the period of unanimous consents.
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 1655.

By Representatives Buck of the 95th, Harris of the 84th and Birdsong of the 104th:
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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Adams Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot \ Bargeron Barnett.B Y Barnett.M
Y Bates Y Beatty
Benefield Y Birdsong Y Blitch

Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd
Campbell Canty
Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless

Y Cheeks Y Childers Y Clark.E
Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis.D
Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs

Y Dover

-

Y Hammond

Y Dunn

Y Hanner

Edwards

Y Harris.B

Y Elliott

Y Harris.J

Y Felton

Y Heard

Fennel

Y Henson

Y Floyd.J.M

Y Herbert

Y Floyd.J.W

Y Holland

Flynt

Holmes

Y Godbee

Y Howard

Y Golden

Y Hudson

Goodwin

Y Irwin

E Green

Y Jackson

Y Greene

Y Jamieson

Y Griffin

Y Jenkins

Y Groover

Y Jones

Y Hamilton

Y Kilgore

WEDNESDAY, FEBRUARY 26, 1992

1539

Y King Y Kingston Y Klein
Y Ladd Y Une.D
Lane.R Y Langlord Y Lawrence Y Lawson
Y Lee Long Lord
Lucas Y Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney.H

McKinney.C Y Meadows
Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller E Oliver.C
Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote

Y Perry Y Pettit Y Pinholster Y Pinkston
Poag Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson
Royal
Y Selman Y Sherrill

Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith, W
Smyre YSnow
Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond

Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan
Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Wilder Y Williams.B Y Williams,.! Y Williams.R 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.

Representatives Wilder of the 21st, Goodwin of the 63rd, Holmes of the 28th, Aiken of the 21st, Royal of the 144th, Walker of the 113th and Fennel of the 155th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 353. By Representative Poston of the 2nd:
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 attendance officers shall be members of the retirement system.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that attendance officers shall be members of the retirement system; to provide for an exception; to provide for other matters relative thereto; 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. Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by striking the symbol "." at the end of subparagraph (P) of paragraph (28) of Code Section 47-3-1, relating to definitions, and inserting in lieu thereof the symbol ";" and by inserting immediately following such subparagraph a new subparagraph (Q) to read as follows:
"(Q) Attendance officers employed not less than half time for service rendered after June 30, 1992. As used in this subparagraph, 'attendance officer' means an attendance officer employed in lieu of a visiting teacher under Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20; provided, however, that the provisions of this subparagraph shall not apply to any former member employed as an attendance officer who retired prior to July 1, 1992."
Section 2. Said chapter is further amended by striking Code Section 47-3-62 in its entirety and substituting in lieu thereof a new Code Section 47-3-62 to read as follows:
"47-3-62. (a) Visiting teachers employed under Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 shall have the same status under the retirement system as regular

1540

JOURNAL OF THE HOUSE,

classroom teachers or supervisors whose employment requires that they hold valid certificates issued by authority of the state. Attendance officers employed m Jietj ef- visiting teachers shall not be eligible to participate m the retirement system.
(b) For service rendered after June 30, 1992, attendance officers employed in lieu of visiting teachers, if employed not less than half time, shall be members of the retirement system."
Section 3. This Act shall become effective on July 1, 1992, 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, 1992, 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:

Abernathy \ Adams
Aiken Y Alfurd Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Harriett,B Y Barnett.M Y Bates Y Beatty
Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y" Buckner Y Byrd Y" Campbell
Cantv N Carrell Y Carter Y Caulhorn Y Chal'in Y' Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris.J

Heard Y' Henson
Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller E Oliver.C
Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y' Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Poag Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Randall Ray Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L
Y Sm th,T
Sm Y Sm Y Sta ncil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson
Watts White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 136, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Carrell of the 65th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Goodwin of the 63rd, Wilder of the 21st, Holmes of the 28th, Morsberger of the 62nd, Aiken of the 21st and Fennel of the 155th stated that they had

WEDNESDAY, FEBRUARY 26, 1992

1541

been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1503.

By Representative Watson of the 114th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property generally, so as to provide for the application of the state minimum fire safety standards.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property generally, so as to provide for the application of the state minimum fire safety standards; to provide for the enforcement of such standards; to change the provisions relating to the adoption of state fire safety standards and enforcement with respect to buildings which present special hazards; to provide certain exceptions; to change the provisions relating to churches; to change the provisions relating to the installation of smoke detectors; to change the provisions relating to certain fees; to provide for the approval of plans and specifications for certain proposed bulk storage facilities before construction is started; to provide additional fees; to change the provisions relating to the conduct of hearings by the state fire marshal or deputy fire marshal; to provide for uniform reporting of fire incidents; to provide for uniform reporting of certain burn injuries or other fire related injuries; to provide for investigative teams to investigate fires or explosions of suspicious origin; to make it unlawful to lock an exit door except where permitted by law; to prohibit the construction of a building under certain conditions until plans for the construction have been approved; to provide that certain violations of this chapter are subject to civil penalties; to provide for additional civil penalties; to change certain existing provisions relating to civil penalties; to change the provisions relating to the requirement of smoke detectors in new dwellings and dwelling units; 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 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property generally, is amended by striking in its entirety Code Section 25-2-4, relating to the adoption of rules and regulations by the Safety Fire Commissioner, and inserting in lieu thereof a new Code Section 25-2-4 to read as follows:
"25-2-4. The Commissioner shall adopt such rules and regulations as he deems necessary to promote the enforcement of this chapter. Such rules and regulations shall have the force and effect of law and shall have state-wide application as being the state minimum fire safety standards and shall not require adoption by a municipality or county. The governing authority of any municipality or county in this state is authorized to enforce the state minimum fire safety standards on all buildings and structures except one-family and two-family dwellings and those buildings and structures listed in Code Section 25-2-13. All other applications of the state minimum fire safety standards and fees are specified in Code Sections 25-2-4.1, 25-2-12,"and 25-2-12.1. Before the Commissioner shall adopt as a part of his rules and regulations for the enforcement of this chapter any of the principles of the various codes referred to in this chapter, he shall first consider and approve them as reasonably suitable for the enforcement of this chapter. Not less than 15 days before any rules and regulations are promulgated, a public hearing shall be held. Notice of the hearing shall be advertised in a newspaper of general circulation."

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JOURNAL OF THE HOUSE,

Section 2. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 25-2-12, relating to the adoption of state fire safety standards and enforcement with respect to buildings which present special hazards, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) With respect to those buildings and structures listed in Code Section 25-2-13, except for hospitals2 nursing homes, jails, ambulatory health care centers, and penal institutions and except for buildings and structures which are owned and operated or occupied by the state, every such local governing authority shall be responsible for enforcing such fire safety standards within its jurisdiction and shall:
(A) Conduct fire safety inspections of existing buildings and structures; (B) Review plans and specifications for proposed buildings and structures, issue building permits when plans are approved, and conduct fire safety inspections of such buildings and structures; and (C) Issue permanent and temporary certificates of occupancy."
Section 3. Said chapter is further amended by striking in its entirety subparagraph (b)(l)(G.l) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property, and inserting in lieu thereof a new subparagraph (G.I) to read as follows:
"(G.I) Churches having an occupant load of 500 or more persons in a common area or having an occupant load greater than 1,000 persons based on total occupant load of the building or structure;".
Section 4. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The Commissioner is directed to investigate and examine construction and engineering techniques; properties of construction materials, fixtures, facilities, and appliances used in, upon, or in connection with buildings and structures; and fire prevention and protective techniques, including, but not limited to, the codes and standards adopted, recommended, or issued from time to time by the National Fire Protection Association (National Fire Code and National Electric Code), the American Insurance Association (National Building Code), the successor to the National Board of Fire Underwriters, the American Standards Association, and the Standard Building Code Congress (Southern Standard Building Code). Based upon such investigation, the Commissioner is authorized to determine and by rule to provide what reasonable and practical protection must be afforded property and persons with respect to: exits; fire walls and internal partitions adequate to resist fire and to retard the spread of fire, smoke, heat, and gases; electrical wiring, electrical appliances, and electrical installations; safety and protective devices, including, but not limited to, fire escapes, fire prevention equipment, sprinkler systems, fire extinguishers, panic hardware, fire alarm and detection systems, exit lights, emergency auxiliary lights, and other similar safety devices; flameproofing; motion picture equipment and projection booths; and similar facilities; provided, however, that any building described in subparagraph (b)(l)(C) of this Code section shall be required to have a smoke or products of combustion detector listed by a nationally recognized testing laboratory; and, regardless of the manufacturer's instructions, such detectors in these buildings shall be located in all interior corridors, halls, and basements no more than 30 feet apart or more than 15 feet from any wall; where there are no interior halls or corridors, the detectors shall be installed in each sleeping room. All detection systems permitted after April 1^ 1992, shall be powered from the building's electrical system and all detection systems required by this chapter, permitted after April 1^ 1992, shall have a one and one-half hour emergency power supply source. Required corridor smoke detector systems shall be electrically interconnected to the fire alarm, if a fire alarm is required. If a fire alarm is not required, the detectors at a minimum shall be approved single station detectors powered from the building electrical service."
Section 5. Said chapter is further amended by striking in its entirety Code Section 25-2-14, relating to buildings presenting special hazards to persons or property, and inserting in lieu thereof a new Code Section 25-2-14 to read as follows:

WEDNESDAY, FEBRUARY 26, 1992

1543

"25-2-14. (a) Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which come under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started. All such plans and specifications submitted as required by this subsection shall be accompanied by a $100.00 fee prescribed by the Commissioner for screening and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner.
(b) A complete set of approved plans and specifications shall be maintained on the construction site, and construction shall proceed in compliance with the minimum fire safety standards under which such plans and specifications were approved. The owner of any such building or structure or his authorized representative shall notify the state fire marshal, the proper local fire marshal, or state inspector upon completion of approximately 80 percent of the construction thereof and shall apply for a certificate of occupancy when construction of such building or structure is completed.
(c) Every building or structure which comes under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which comes under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall have a certificate of occupancy issued by the state fire marshal, the proper local fire marshal, or state inspector before such building or structure may be occupied. Such certificates of occupancy shall be issued for each business establishment within the building, shall carry a flat rate charge of $60.00 as prescribed by the Commissioner, shall state the occupant load for such business establishment or building, shall be posted in a prominent location within such business establishment or building, and shall run for the life of the building, except as provided in subsection (d) of this Code section.
(d) For purposes of this chapter, any existing building or structure listed in paragraph (1) of subsection (b) of Code Section 25-2-13 and which comes under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be deemed to be a proposed building in the event such building or structure is subject to substantial renovation, a fire or other hazard of serious consequence, or a change in the classification of occupancy. For purposes of this subsection, the term 'substantial renovation' means any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation.
(e) In cases where the governing authority of a municipality which is enforcing the fire safety standards pursuant to subsection (a) of Code Section 25-2-12 contracts with the office of the Commissioner for the enforcement of fire safety standards, the office of the Commissioner shall not charge such municipality fees in excess of those charged in this Code section."
Section 6. Said chapter is further amended by adding at the end of Code Section 25-2-16, relating to regulation of the storage, transportation, and handling of hazardous materials, a new subsection (e) to read as follows:
"(e) Plans and specifications for all proposed bulk storage facilities which come under classification in subsection (a) of this Code section shall be submitted to and receive approval by the state fire marshal and the proper local fire marshal before construction is started. All such plans and specifications submitted as required by this subsection shall be accompanied by a $100.00 fee for screening and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner."
Section 7. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 25-2-17, relating to regulation of the manufacture and transportation of explosives, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) No person shall manufacture, transport, use, sell, or store explosives without having first obtained a license therefor issued by the Commissioner in accordance with

1544

JOURNAL OF THE HOUSE,

reasonable rules established by him. The Commissioner is authorized to make reasonable rules providing for the issuance of such licenses on an annual basis to those applicants who have observed and may be expected to observe safety rules lawfully made under this Code section. Graded fees for such licenses may be established; with a minimum ef$2.00 and a maximum ef- $60.00, which by the Commissioner and such fees shall be paid to the state f-H-e marshal Commissioner and by him paid into the state treasury. The permits for the use only of explosives may be issued by judges of the probate courts or other local elected officials whom the Commissioner may designate. Fees for such permits to use explosives shall be $1.00 for each permit issued specified by rules and regulations promulgated by the Commissioner, which fee shall be retained by the issuing local official."
Section 8. Said chapter is further amended by striking in its entirety Code Section 25-2-29, relating to conduct of hearings by the state fire marshal or deputy fire marshal, and inserting in lieu thereof a new Code Section 25-2-29 to read as follows:
"25-2-29. All hearings held by or under the direction of the state fire marshal er deptrty st-Qtc lire mfl'PSfisi flMty^ us tficir discretion, && puolic F pnvfttc. Jrcrsons otncr tnflR

and may be prohibited from communicating with ee another until after they have been examined. Commissioner shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the Commissioner may also satisfy the procedure for conduct of hearings on contested cases and rule making required under said chapter by following and complying with Chapter 2 of Title 33."
Section 9. Said chapter is further amended by striking in its entirety Code Section 25-2-32, relating to maintenance of records of fire losses, and inserting in lieu thereof a new Code Section 25-2-32 to read as follows:
"25-2-32. (a) It shall be the duty of the state fire marshal to keep an up-to-date record of all fire losses, together with statistical data concerning the same. The various fire insurance companies doing business in this state shall submit to the Commissioner, quarterly, a report stating all the losses sustained by them, together with such pertinent data as may be required by the Commissioner.
(b) Effective January 1^ 1993, all incidents of fires, whether accidental or incendiary, shall be reported to the office of the Safety Fire Commissioner. Every fire department shall submit incident data either via a uniform electronic reporting method or on a uniform reporting form prescribed by the Commissioner and at intervals established by the Commissioner."
Section 10. Said chapter is further amended by adding between Code Sections 25-2-32 and 25-2-33 new Code Sections 25-2-32.1 and 25-2-32.2 to read as follows:
"25-2-32.1. Every case of a burn injury or wound where the victim sustained seconddegree or third-degree burns to 5 percent or more of the body or any burns to the upper respiratory tract or laryngeal edema due to the inhalation of superheated air, and every case of a burn injury or wound which is likely to or may result in death, shall be reported at once to the Safety Fire Division of the office of the Commissioner of Insurance. The Safety Fire Division shall accept the report and notify the proper investigatory agency as may be appropriate. A written report shall be provided to the Safety Fire Division within 72 hours. The report shall be made by the physician attending or treating the case or by the manager, superintendent, or other person in charge whenever such case is treated in a hospital sanitarium, institution, or other medical facility.
25-2-32.2. Every county or municipal governing authority or any two or more governing authorities or the Safety Fire Division are authorized and empowered to take such action as may be required to formulate task forces, teams, or fire or police investigative units to investigate any case of a burn injury or wound sustained as reported pursuant to Code Section 25-2-32.1, to ascertain the cause of fires or explosions of suspicious origin within the county or municipalities, to pursue necessary investigation thereof, and to assist in the preparation and prosecution of cases stemming from any alleged criminal activity attendant to such fires or explosions."

WEDNESDAY, FEBRUARY 26, 1992

1545

Section 11. Said chapter is further amended by striking in its entirety Code Section 25-2-37, relating to civil penalties, and inserting in lieu thereof a new Code Section 25-2-37 to read as follows:
"25-2-37. (a) It shall be unlawful for any person to lock an exit door whether or not it is a required exit unless such provisions are allowed by this chapter or by any rule, regulation, or order issued by the Commissioner under this chapter.
(D) /\ny sucn civil penalty may we imposed oy tne vjommissioncr only otter notice and neaping. TW determining tnc amount tnc penalty, tnc size ^t trie business ^ff otncr entity, public o? private, trie gravity or tnc violation, and tnc goou taitn ot tnc person charged in attempting te achieve compliance after notice ef a violation shall fee considCPCQ. l tic ftmount GT tnc penQl*y msy ~&c collected Dy trie t/^Himissioricr m tfic ssine
(b) It shall be unlawful for any person to begin construction on any proposed building or structure which comes under the classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which comes under the jurisdiction of the office of the Commissioner of Insurance pursuant to Code Section 25-2-12 without first having plans approved in accordance with Code Section 25-2-14.
(c) Any person who violates this chapter or any rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty imposed by the Commissioner in accordance with the rules and regulations promulgated by the Commissioner.
{} (d) Any person who violates this chapter or any rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty not to exceed $100.00 $1,000.00 for each day that the violation persists; except that the maximum etvrt
is notified of the Commissioner's intent to impose such penalty and of the right to a hearing with respect to same.
(e) Any person violating subsection (a), (b), or (c} of this Code section shall be subject to a fine of not more than $1,000.00 for a first offense, not less than $1,000.00 and not more than $2,000.00 for a second offense, and not less than $2,000.00 and not more than $5,000.00 for a third or subsequent offense."
Section 12. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 25-2-40, relating to the requirement of smoke detectors in new dwellings and dwelling units, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Detectors shall be listed and meet the installation requirements of NFiPA 74 ai NFiPA 72A NFPA 74 and NFPA 72. In addition, a one and one-half hour emergency power supply source is required on all detection systems required by this chapter and permitted after April 1^ 1992."
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 14. All laws and parts of laws in conflict with this Act are repealed.

The report of the 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:

Abernathy Y Adams Y Aiken Y Alibrd
Ashe Y Atkins Y Baker Y Balkcom Y Bartoot

Y Bargeron Barnett.B Barnett.M Bates
Y Beatty Benefield
Y Birdsong Y Blitch Y Bordeaux

Y Bostick Branch
Y Breedlove Y Brooks
Brown Y Brush Y Buck
Buckner Y Byrd

Y Campbell Canty
Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark, E Y Clark, L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M

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JOURNAL OF THE HOUSE,

Davis.D Davis.G Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd.J.M Y Floyd.J.W Flynt Y Godbee Y Golden Y Goodwin K Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner
Y Harris.B Y Harris..!

Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Langford Y Lawrence Y Lawson Y Lee Long Y Lord Y Lucas Y Mann

Y Martin McBee
Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Merritt Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller E Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten
Pelote Perry Y Pettit Y Pinholster

Pinkston Y Poag Y Porter
Poston Powell.A Y Powell.C
Y Presley Y Purcell
Randall
Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith.L Y Smith.P Y Smith.T Y Smith, W
Smyre Y Snow Y Stancil.F Y Stancil.S

Stanley Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson
Watts
White
Wilder Y Williams.B Y Williams.J
Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 132, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Wilder of the 21st, Davis of the 45th, Holmes of the 28th, Buckner of the 72nd, Fennel of the 155th and McBee of the 68th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1649.

By Representatives Baker of the 51st, Chambless of the 133rd, Oliver of the 53rd and Pettit of the 19th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for required qualification of foreign limited liability companies; to provide for a definition; to provide for the laws governing a foreign limited liability company.

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

Abernathy Y Adams N Aiken Y Alford
Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Barnett.M Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux

Y Bostick Branch
Y Breedlove \' Brooks
Brown Y Brush Y Buck Y Buckner
Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Y Colwell Y Connell
Y Culbreth Y Cummings.B
Cummings,M Davis.D Y Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards

Y Elliott Y Felton
Y Fennel Y Floyd.J.M Y Flovd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J

Y Heard Y Henson
Herbert Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein Y Ladd Y Lane.D

WEDNESDAY, FEBRUARY 26, 1992

1547

Y Lane.R Landlord
Y Lawrence Y Lawson
Y Lee Long
Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Merritt Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller E Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry
Y Pettit Y Pinholster

Pinkston N Poag Y Porter
Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall
Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Smith.L
Y Smith.P Smith.T
Y Smith.W Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus

Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 136, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representatives Wilder of the 21st and Thomas of the 55th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1308.

By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Code Section 8-2-31 of the Official Code of Georgia Annotated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumbing, and electrical codes, so as to specify that such part shall not be construed as repealing or modifying the provisions of Article 10 of Chapter 1 of Title 10, relating to the sale and storage of liquefied petroleum gas; to provide for reenactment.

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

Y Abernathy Y Adams Y Aiken Y Alford
Ashe Y Atkins Y Baker Y Balkcom Y Bartoot Y Bargeron Y Barnett.B
Barnett.M Bates Y Bealty Y Benelield Y Birdsong Y Blitch Y Bordeaux Y Bostick Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Butkner
Byrd Y Campbell

Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Clark.E Clark.L Y Coker
Y Coleman Colwell
Y Connell
Y Culbreth Y Cummings.B
Cummings,M Davis.D
Y Davis.G Y Davis.M
Dixon.H
Y Dixon,S Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott Y Felton

Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin
Y' Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J Y Heard Y Henson
Herbert Y Holland
Holmes Howard Y Hudson Irwin Y Jackson Y Jamieson Y Jenkins Y Jones

Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
Y Lee Long Lord
Y Lucas Y Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C
Y Meadows Merritt
Y Milam Y Mills Y Mobley Y Moody Y Morsberger

Y Moultrie Y Mueller E Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham
Parrish
Y Patten Pelote
Y Perry
Y Pettit Y Pinholster
Y Pinkston YPoag Y Porter
Poston Powell.A
Y Powell.C Y Presley Y Purcel'l
Randall
Y Ray Y Reaves
Redding Ricketson
Y Royal

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JOURNAL OF THE HOUSE,

Y Selman
Y Sherrill
Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith.P
Y Smith,!'

Y Smith,W
Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat
Y Taylor

Y Teper
Y Thomas,C
Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Y Townsend

Turnquest
Twiggs
Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall
Y Watson

Y Watts
White
Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

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

Representatives Wilder of the 21st, Powell of the 13th and Clark of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1311.

By Representative Murphy of the 18th:
A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and allowances of officers and members of the General Assembly, so as to provide for limitations with respect to reimbursement of transportation costs for air travel.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and allowances of officers and members of the General Assembly, so as to provide for limitations with respect to reimbursement of transportation costs for air travel; 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. Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and allowances of officers and members of the General Assembly, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) (1) During regular and extraordinary sessions of the General Assembly, each member shall also receive a daily expense allowance as provided for in Code Section 45-7-4. Each member 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. 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 as provided for in Code Section 45-7-4 and 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. 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. In the event it becomes necessary for a committee to rent a meeting room in the performance of the duties

WEDNESDAY, FEBRUARY 26, 1992

1549

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. 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.
(2) 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.
(3) Notwithstanding any other provision of this subsection to the contrary, reimbursement of transportation costs incurred by a member of the General Assembly for air travel within or without the state at any time shall be limited to the amounts provided for in the state-wide contract. As used in this paragraph, the term 'state-wide contract' means the state-wide contract for airline travel incorporated in the state travel regulations established by the Department of Audits and Accounts and the Office of Planning and Budget. This limitation shall not apply, however, if the air travel is between pairs of cities not covered in the state-wide contract or if no statewide contract is in effect or if passage under a state-wide contract is not reasonably available.
(4) All such allowances provided for in this subsection shall be paid upon the submission of proper vouchers."
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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y' Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beattv Y Benef'ield Y' Birdsong Y Blitch Y Bordeaux Y Boslick
Branch Y Breed love

Brooks Y Brown Y Brush Y Buck Y Buckner
Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Clark.L Y Coker
Y Coleman Y Colwell Y Connell

Y Culhreth
Y Cummings.B Cummings.M Davis.D
Y Davis.G
Y Davis.M Y Dixon.H
Dixon,S Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden
Y Goodwin

E Green
Y Greene Y Griffin
Groover
Y Hamilton Y Hammond
Manner
Y Harris.B Y Harris.J Y Heard
Henson
Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones

Y Kilgore YKing Y Kingston Y Klein
Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long Lord Lucas Y Mann Martin Y McBee
Y McCoy Y McKelvey
McKinney.B McKinney,C

1550

JOURNAL OF THE HOUSE,

Y Meadows Merrill
Y Milam Y Mills Y Mohley Y Moody Y Morsberger Y Moultrie Y Mueller E Oliver.C
Oliver.M Y Orr
Orrock Y Padgett Y Parham

Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall

Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,? Y Smith.T Y Smith.W
Smyre

Y Snow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,,! Y Williams.R Y Yeargin
Murphy.Spkr

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

Representatives Ladd of the 44th and Redding of the 50th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Regulated Beverages and referred to the Committee on State Planning and Community Affairs - Local:

HB 1451.

By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to change a population feature.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Regulated Beverages and referred to the Committee on State Planning and Community Affairs - Local:

HB 1708.

By Representatives Floyd of the 154th and Purcell of the 129th:
A bill to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to the authorization by counties or municipalities of the issuance of licenses for the sale of distilled spirits by the drink, so as to change a certain provision relating to the issuance of such licenses in counties having a certain population.

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 1212.

By Representatives Alford of the 57th, Baker of the 51st, Oliver of the 53rd, Redding of the 50th, Valenti of the 52nd 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 Island State Park Authority, and the Lake Lanier Islands Development Authority and to persons, firms, or corporations furnishing such rooms.

WEDNESDAY, FEBRUARY 26, 1992

1551

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise tax on rooms, lodgings, and accommodations, so as to provide that the Stone Mountain Memorial Association may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations; 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 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise tax on rooms, lodgings, and accommodations, is amended by adding a new Code section to read as follows:
"48-13-54.1. The Stone Mountain Memorial Association which regularly furnishes for value to the public rooms, lodgings, or accommodations shall, as provided in this Code section, agree to collect and remit to the county or municipality within whose taxing jurisdiction the facility is located amounts which are equal to, or partially equal to, the amounts which would be collected and remitted to the county or municipality under the tax levied by the county or municipality under Code Section 48-13-51. The sums so collected and remitted shall only be expended for development, promotion, and advertising of the lodges or cabins from which the money was collected and remitted or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the facility is operated as long as said promotion or advertising prominently features the state park facilities or similar facilities operated under the jurisdiction of the Stone Mountain Memorial Association."
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 Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfuut Y Bargeron
Barnett.B Barnett.M Bates Y Beattv Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Branch Y Breedlove Y Brooks Y Brown Brush Y Buck Y Buckner Y Byrd Y Campbell Canty Y Carrell

Y Carter Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.K
Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.D Y Davis.G Y Davis.M Y Dixon.H Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt

Y God bee Golden
Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,.] Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D

Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long Lord Y Lucas Y Mann Martin Y McBee Y McCoy Y McKelvey McKinne'y.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller E Oliver.C Y Oliver.M Y Orr Orrock Y Padgett Y Parham

Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.? Y Smith.T Y Smith,W
Smyre

1552

JOURNAL OF THE HOUSE,

1' Snuw Y Stam-il.F V Stancil.S
Stanley Y Streat Y Tavlor

Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus

Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan

Y Walker.J Y Walker.L Y Wall
Y Watson Y Watts
White

Y Wilder Y Williams.B Y Williams.J Y Williams.R 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

Representatives Brush of the 83rd, Teper of the 46th and Cauthorn of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1175.

By Representatives Oliver of the 53rd and Baker of the 51st:
A bill to amend Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses in hearings for guardians of incapacitated adults, so as to provide that physicians or licensed psychologists performing certain evaluations or examinations shall receive compensation not to exceed $75.00.

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 Ahernathy Y Adams Y Aiken Y Ali'ord
Y Ashe Y Atkins Y Baker Y Balkcom Y Barl'oot Y Bargeron
Barnett.B
Y Barnett.M Bales
Y Beatty Y Benefield Y' Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown
Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y" Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman
Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis.D Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Flovd.J.M Y Floyd.J.W Y Klynt Y (lodbee
Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
Y Klein Y Ladd Y Lane.D Y Lane.R Y Langf'ord Y Lawrence Y Lawson
Y Lee Long Lord
Y Lucas Y Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller E Oliver,C Y Oliver.M Y Orr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
Y Poag Y Porter
Poston
Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith,L
Y Smith.P Smith.T
Y Smith.W Smyre
Y Snow Stancil.F
Y Stancil.S
Stanley Y Streat Y Taylor
Y Teper Y Thomas.C
Y Thomas.M Thomas.N Thurmond
Y Titus Y Tolbert Y' Townsend
Turnquest Y' Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L
Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R
Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.

WEDNESDAY, FEBRUARY 26, 1992

1553

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

By unanimous consent, HB 1212 was ordered immediately transmitted to the Senate.

HB 1211.

By Representative Campbell of the 23rd:
A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to authorize municipal courts to try and dispose of violations of Code Section 16-7-21, relating to criminal trespass.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to authorize certain municipal courts to try and dispose of violations of Code Section 16-7-21, relating to criminal trespass; to provide that any fines and forfeitures arising from the prosecution of such cases in such municipal court shall be retained by the municipal corporation and shall be paid into the treasury of such municipal corporation; to provide that a defendant may have a case transferred to a court having general misdemeanor jurisdiction in the county in which the alleged offense occurred; to provide for penalties; to provide for jurisdiction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, is amended by adding, following Code Section 36-32-10, a new Code Section 36-32-10.1 to read as follows:
"36-32-10.1. (a) The municipal court of each municipal corporation in counties where there is no state court is granted jurisdiction to try and dispose of any violation of Code Section 16-7-21, relating to criminal trespass, if the offense occurred within the corporate limits of such municipal corporation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other court within the county having jurisdiction to try and dispose of such cases.
(b) Any fines and forfeitures arising from the prosecution of any such case in the municipal court shall be retained by the municipal corporation and shall be paid into the treasury of such municipal corporation.
(c) Any defendant charged with a violation of Code Section 16-7-21 in a municipal court shall be entitled upon request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d) A person convicted of a violation of Code Section 16-7-21 shall be punished as provided in such Code section, provided that nothing in this Code section or in Code Section 16-7-21 shall be construed to give any municipal court the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipality's charter."
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:

1554

JOURNAL OF THE HOUSE,

Y Ahernathy V Adams Y Aiken
Alford Y Ashe \ Atkins
Baker Y Balkcom Y Bart'uut
Y Bargeron Barnett.B
Y Barnett.M Bates
Y Beattv Benefield Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch
Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner
Bvrd Y Campbell
Cantv Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Feltim Y Fennel Y Floyd.J.M Y Flovd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller E Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Poag
Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W N Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas, M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams.J Y Williams.R Y Y'eargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 353 was ordered immediately transmitted to the Senate.

HR 841. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield
Birdsong

Y Blitch Y Bordeaux Y Bostick
Branch Breedlove Y Brooks Y Brown Y Brush Y Buck Y' Buckner Y Byrd Y Campbell Canty Y Carrell Y Carter Y Cauthorn

Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E
Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M Davis.D Y Davis.G Y Davis.M

Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee
Golden Y Goodwin E Green

Y Greene Y Griffin Y Groover Y Hamilton Y' Hammond
Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin

WEDNESDAY, FEBRUARY 26, 1992

1555

Y Jackson Y' Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
Y Lee Y' Long Y Lord Y Lucas Y Mann Y Martin

Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y' Mueller E Oliver.C Y Oliver, M YOrr Y Orrock Y Padgett Y Parham

Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves Y Redding
Y Ricketson
Y Royal

Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L
Y Smith.P Smith.T
Y Smith.W
Y Smyre
Y Snow
Y Stancil.F
Stancil.S Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N

Thurmond
Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Y Williams.J Y Williams.R
Y Yeargin Murphy .Spkr

On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker announced the House in recess until 1:45 o'clock, P.M., this afternoon.

1556

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 967. By Representative Cheeks of the 89th:
A resolution commending William M. English, Jr., on attaining the rank of Eagle Scout.

HR 968. By Representative Cheeks of the 89th:
A resolution commending Phillip Todd Simpson on attaining the rank of Eagle Scout.

HR 969. By Representative Cheeks of the 89th:
A resolution commending Franklin Bryson Brooks on attaining the rank of Eagle Scout.

HR 970. By Representative Cheeks of the 89th:
A resolution commending Thomas Booth on attaining the rank of Eagle Scout.

HR 971. By Representatives Alford of the 57th and Irwin of the 57th: A resolution commending Mrs. Martha Barrett.

HR 972. By Representatives Birdsong of the 104th and Bostick of the 138th: A resolution congratulating Mr. A. Floyd Pennington.

HR 973. By Representatives Simpson of the 70th, Thomas of the 69th and Murphy of the 18th:
A resolution commending Professor Hellen Jackson of West Georgia College.

HR 974. By Representatives Simpson of the 70th and Thomas of the 69th:
A resolution commending the 1991-1992 Carrollton High School Debate Team.

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 1254.

By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney.

WEDNESDAY, FEBRUARY 26, 1992

1557

The President has appointed on the part of the Senate the following: Senators Perdue of the 18th, Hill of the 4th and Robinson of the 16th.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 260. By Senators Deal of the 49th and Kidd of the 25th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that all hearings involving delinquency shall be open to the public; to provide that certain other hearings shall be closed to the public; to change the provisions relating to juvenile law enforcement records and inspection thereof; to change the provisions relating to when a child may be fingerprinted or photographed and the use and retention of such fingerprints, photographs, and records related thereto.

Representative Dunn of the 73rd 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 538 Do Pass, by Substitute HB 1297 Do Pass, by Substitute HB 1346 Do Pass, by Substitute
Respectfully submitted, /s/ Dunn of the 73rd
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 1161 Do Pass, by Substitute HB 1224 Do Pass, by Substitute HB 1378 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman

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

1558

JOURNAL OF THE HOUSE,

HB 1679.

By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Oliver of the 53rd and Martin of the 26th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for appeal is required, so as to provide for appeals from decisions of the appellate division of the State Board of Workers' Compensation; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for the rights of the employee or the employer to proceed against persons other than the employer who are liable for an employee's injury or death.

The following Committee substitute was read:

A BILL
To amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for appeal is required, so as to provide for appeals from decisions of the appellate division of the State Board of Workers' Compensation; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for the rights of the employee or the employer to proceed against persons other than the employer who are liable for an employee's injury or death; to provide for matters relative to actions against persons other than the employer; to provide for amounts which may be recovered in such actions or by settlement and the payment of attorney's fees; to provide for the assessment of penalties and fines by the State Board of Workers' Compensation; to provide for the appointment and functions of the Workers' Compensation Advisory Council; to establish the trial division and appellate division of the State Board of Workers' Compensation; to provide for the functions and authority of the trial and appellate divisions; to provide for the publication, distribution, and posting of a summary relative to the rights, benefits, and obligations of the chapter; to provide for the appeal of a decision of the trial division to the appellate division and procedures relative thereto; to provide for the scope of review by the appellate division; to provide for judicial review of a decision of the appellate division by the Court of Appeals or the Supreme Court of Georgia and procedures relative thereto; to revise provisions relative to attorney's fees, approval of attorney's fees, and expenses of litigation; to provide for the annual filing by workers' compensation insurers of the disclosure of certain costs; to provide for rules and regulations regarding criteria used in determining assigned risks; to provide for regulation of the amount of commission charged to a workers' compensation policy of insurance, and to prohibit a commission for renewal of a workers' compensation policy of insurance in certain circumstances; to require verification of the accuracy of statistical data before use in determining an experience modification factor, and to provide a procedure for such verification; to revise provisions relative to rehabilitation benefits; to revise the definition of catastrophic injury; to revise provisions relative to the panel of physicians; to require payment of medical bills related to a work related injury within 60 days and to provide a penalty for the unreasonable failure to pay; to provide for the deposit of such penalties to the Subsequent Injury Trust Fund; to provide for the release of certain medical records and information and for waivers of confidentiality relative to such records and information; to decrease the period of incapacity preceding the payment of compensation; to reduce the time period preceding the payment of benefits; to revise benefits payable for total disability; to increase benefits payable for temporary partial disability; to increase the compensation paid for death resulting from an injury; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for appeal is required, is amended by striking paragraph

WEDNESDAY, FEBRUARY 26, 1992

1559

(1) of subsection (a) in its entirety and inserting in its place a new paragraph (1) to read as follows:
"(1) Appeals from the appellate division of the State Board of Workers' Compensation and from decisions of the superior courts reviewing decisions of the State Board of Workers' Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, that this provision shall not apply to decisions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations;"
Section 2. Said chapter is further amended by striking Code Section 34-9-16, relating to questions to be settled by the members of the board, in its entirety and inserting in its place a new Code Section 34-9-16 to read as follows:
"34-9-16. All questions arising under this chapter shall be determined by the trial division and the appellate division of the board if the interested parties cannot reach an agreement which is approved by the board."
Section 3. Said chapter is further amended by striking Code Section 34-9-18, relating to the assessment of civil penalties by the board, in its entirety and inserting in its place a new Code Section 34-9-18 to read as follows:
"34-9-18. (a) Any employer ef insurer person who willfully fails to file any form or report required by the board, fails to follow any order or directive of the board or any of its members or administrative law .judges, or violates any rule or regulation of the board shall be assessed a civil penalty of not less than $100.00 nor more than $1,000.00 per violation.
(b) Any penalty assessed under subsection (a) of this Code section shall be final unless within ten days of the date of the assessment the employer er insurer person fined files a written request with the board for a hearing on the matter."
Section 4. Said chapter is further amended by striking Code Section 34-9-19, relating to the penalty for false or misleading statements when obtaining or denying benefits, in its entirety and inserting in its place a new Code Section 34-9-19 to read as follows:
"34-9-19. Any person, firm, or corporation who willfully makes any false or misleading statement or representation for the purpose of obtaining or denying any benefit or payment under this chapter shall be guilty ef a misdemeanor m&-, upon conviction tricPCof1j sfisll TCT punished Dy d tine of not more wisn tpi.',uu>J.LMJ of oy tmppisonmeirt not te exceed ene year, er fey both seh fee and imprisonment subject, after notice and a hearing on the matter, to an administrative fine not to exceed $10,000.00."
Section 5. Said chapter is further amended by adding immediately following Code Section 34-9-40, relating to the establishment of the State Board of Workers' Compensation, a new Code Section 34-9-40.1 to read as follows:
"34-9-40.1. (a) There is created and established a Workers' Compensation Advisory Council to be composed of ten members as provided in this subsection. The Governor shall appoint three members from the general public, one of whom shall represent the interests of labor, one of whom shall represent the interests of management, and one member who shall not represent any particular interest. The members appointed by the Governor shall serve for terms of four years beginning January 1, 1993. The Speaker of the House of Representatives shall appoint three members of the House of Representatives to serve on the advisory council for terms running concurrently with their terms of office. The Lieutenant Governor shall appoint three members of the Senate to serve on the advisory council for terms running concurrently with their terms of office. The chairman of the State Board of Workers' Compensation shall serve as an ex officio member of the advisory council.
(b) The members of the advisory council shall elect a member other than the chairman of the State Board of Workers' Compensation to serve as chairman of the council. The advisory council shall aid the members of the State Board of Workers' Compensation in formulating policies and discussing problems related to the administration and operation of this chapter.
(c) The members of the advisory council shall serve without compensation."

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Section 6. Said chapter is further amended by striking in its entirety Code Section 34-9-47, relating to appointment and powers of administrative law judges, which reads as follows:
"34-9-47. The board may appoint administrative law judges from time to time as needed to carry out all duties assigned by the board. Administrative law judges shall serve as hearing officers and exercise judicial functions in implementing this chapter and shall have the power to subpoena witnesses and administer oaths and may take testimony in such cases as the board may deem proper. An administrative law judge so hearing a case shall make the award just as would a member of the board as provided elsewhere in this chapter, such award to be subject to review and appeal as is the award of a single member of the board. The members of the board or administrative law judges or any one of them may hold such sessions as may be deemed necessary at any place within the state, subject to the other provisions of this chapter. Administrative law judges may be appointed by the board to serve as a member of the board to review cases on appeal; however, not more than one administrative law judge shall serve as a member of the board on any case. All deputy directors of the board serving on July 1, 1988, shall thereafter be known as administrative law judges.", and inserting in its place a new Code Section 34-9-47 to read as follows:
"34-9-47. (a) There is created and established within the State Board of Workers' Compensation a trial division and an appellate division, which shall exercise judicial functions in implementing this chapter.
(b) The appellate division shall be composed of the three members of the board who shall serve as appellate administrative law judges. The chairman of the board shall serve as chief administrative law judge of the appellate division.
(c) The trial division shall be composed of administrative law judges appointed by the board who shall serve as hearing officers and exercise judicial functions in implementing this chapter. Administrative law judges shall have the power to subpoena witnesses and administer oaths and may take testimony in those cases brought before the board. An administrative law judge hearing a case shall make an award, subject to review and appeal as provided in this chapter.
(d) The appellate division and trial division of the board may hold such sessions as may be deemed necessary at any place within the state, subject to other provisions of this chapter."
Section 7. Said chapter is further amended by striking Code Section 34-9-48, relating to the designation of members as administrative law judges, in its entirety and inserting in its place a new Code Section 34-9-48 to read as follows:
"34-9-48. All members of the board are designated as appellate administrative law judges in the appellate division of the State Board of Workers' Compensation for the purposes of serving as hearing officers and exercising judicial functions in the implementation of this chapter."
Section 8. Said chapter is further amended by striking Code Section 34-9-81.1, relating to the duty of the State Board of Workers' Compensation to provide injured workers with notice of rights, benefits, and obligations, in its entirety and inserting in its place a new Code Section 34-9-81.1 to read as follows:
su Dscction \s/ of Oodc oGction o4'"77"'l,G, or ftny otfidf indication ot cowipcusflolc injury, tftc Doflpct 9n.fl.il fts soon tts prcMjticflQle provide tnc injured worKer witn notice of fits OP her rights, benefits, and obligations under this chapter together with a brief explanation
1084. The board shall provide by rule for the publication of a summary of the rights, benefits, and obligations under this chapter and the distribution of such summary to employers and employees in this state. The board shall provide by rule for the display of such summary by employers in locations accessible to employees.
(b) Any person who fails or refuses to comply with a rule of the board promulgated pursuant to subsection (a) of this Code section shall be subject to an administrative fine not to exceed 81,000.00."

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Section 9. Said chapter is further amended by striking subsection (a) of Code Section 34-9-100, relating to the filing of claims with the board, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) Subject to Code Section 34-9-82, a claim for compensation may be filed with the board at any time following an injury or death. The board and its Trial division administrative law judges shall have full authority to hear and determine all questions with respect to such claims."
Section 10. Said chapter is further amended by striking subsections (a) and (c) of Code Section 34-9-102, relating to hearings before an administrative law judge, in their entirety and inserting in their respective places new subsections (a) and (c) to read as follows:
"(a) Notice of hearing. The hearing shall be held as soon as practicable; provided, however, no hearing shall be scheduled less than 30 days nor more than 60 days from the date of the hearing notice."
"(c) Authority of administrative law judge. The administrative law judge conducting the hearing shall have, in addition to all powers necessary to implement this chapter, the following powers: to administer oaths and affirmations, to issue subpoenas, to rule upon offers of proof, to regulate the course of the hearing, to set the time and place for continued hearings, to fix the time for filing briefs, to dispose of motions to dismiss for lack of board jurisdiction, to rule on requests for continuance, to add or delete parties with or without motion, to issue interlocutory orders, to rule upon or dispose of all other motions, to appoint guardians under Code Section 34-9-226, a4 to reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the administrative law judge,, and to require any party to provide the board with the name of its legal representative within 21 days from the date of the hearing notice."
Section 11. Said chapter is further amended by striking in its entirety Code Section 34-9-103, which reads as follows:
"34-9-103. (a) If an application for review is made to the board within 20 days of notice of the award, the board shall review the evidence or, if deemed advisable, shall hear the parties at issue and their representatives and witnesses as soon as practicable and shall then make and file an award in the manner specified in Code Section 34-9-102, together with its ruling of law in the case. A copy of the award so made on review shall immediately be sent to the parties at dispute. The board may remand to a single member or administrative law judge any case before it for the purpose of reconsideration and correction of apparent errors and omissions and issuance of a new award, with or without the taking of additional evidence, or for the purpose of taking additional evidence for consideration by the board in rendering any decision or award in the case.
(b) Within the time limit provided by subsection (a) of this Code section for review by the board of an award made in accordance with Code Section 34-9-102 or within the time limit provided by Code Section 34-9-105 for appeal to a superior court, upon or without the suggestion of a party to the proceedings and notwithstanding the filing of an application for review or appeal, the board or any of its members or administrative law judges issuing an award shall have authority to reconsider, amend, or revise the award to correct apparent errors and omissions. Should an amended or revised award be issued, the time period for filing an application for review of the amended or revised award under subsection (a) of this Code section or for filing appeal to a superior court under Code Section 34-9-105 shall commence upon the date of issuance of the amended or revised award.", and inserting in its place a new Code Section 34-9-103 to read as follows:
"34-9-103. (a) Any party dissatisfied with a decision of an administrative law judge of the trial division may appeal that decision to the appellate division of the State Board of Workers' Compensation. This appeal must be filed with the board within 20 days of the date of the decision of the administrative law judge.
(b) The scope of review of the appellate division shall be limited to the correction of errors of law of the trial division but shall also include the authority to remand an

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award to an administrative law judge for the taking of additional evidence and issuance of a new award and for the correction of apparent errors or omissions.
(c) The findings made by the administrative law judge of the trial division within the scope of his or her power shall, in the absence of fraud, be conclusive; but, upon review, the appellate division shall set aside the decision if it is found that:
(1) The administrative law judge acted without or in excess of his or her power; (2) The decision was procured by fraud; (3) The facts found by the administrative law judge do not support the decision; (4) There is not sufficient competent evidence in the record to warrant the administrative law judge making the decision; or (5) The decision is contrary to law. No decision of an administrative law judge of the trial division shall be set aside by the appellate division upon any grounds other than one or more of the grounds stated in this subsection.
(d) The filing of an appeal pursuant to this Code section shall act as a supersedeas of the decision of the administrative law judge of the trial division."
Section 12. Said chapter is further amended by striking in its entirety Code Section 34-9-105, which reads as follows:
"34-9-105. (a) Any award of the administrative law judge provided for in Code Section 34-9-102 for which no timely application for review has been filed or any award of the members of the board upon such review as provided in Code Section 34-9-103 shall, in either event, as the case may be, and subject to the other provisions of this chapter, be a final award and shall be conclusive and binding as to all questions of fact.
(b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the members of the board, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred outside the state, to the superior court of the county in which the original hearing was held, in the manner and upon the grounds provided in this Code section. Said appeal shall be filed with the board in writing stating generally the grounds upon which such appeal is sought. In the event of an appeal, the board shall, within 30 days of the filing of the notice of appeal with the board, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case is appealable, as provided in this subsection. The case so appealed may then be brought by either party upon ten days' written notice to the other before the superior court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, if the court does not hear the case within 60 days from the date the notice of appeal is filed with the board, the decision of the board shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 60 days has been continued to a date certain by order of the court. In the event a hearing is held later than 60 days after the date the notice of appeal is filed with the board because same has been continued to a date certain by order of the court, the decision of the board shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 20 days after the date of the continued hearing. If a case is heard within 60 days from the date the notice of appeal is filed, the decision of the board shall be considered affirmed by operation of law if no order of the court dispositive of the issues on appeal has been entered within 20 days of the date of the hearing.
(c) The findings made by the members within their powers shall, in the absence of fraud, be conclusive; but upon such hearing the court shall set aside the decision if it is found that:
(1) The members acted without or in excess of their powers; (2) The decision was procured by fraud; (3) The facts found by the members do not support the decision; (4) There is not sufficient competent evidence in the record to warrant the members making the decision; or

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(5) The decision is contrary to law. (d) No decision of the board shall be set aside by the court upon any grounds other than one or more of the grounds stated in subsection (c) of this Code section. In the event a hearing is not held and a decision is not rendered by the superior court within the time provided in subsection (b) of this Code section, the decision of the board shall, by operation of law, be affirmed. The date of entry of judgment for purposes of appeal pursuant to Code Section 5-6-35 of a decision affirmed by operation of law without action of the superior court shall be the last date on which the superior court could have taken action under subsection (b) of this Code section. Upon the setting aside of any such decision of the board, the court may recommit the controversy to the board for further hearing or proceedings in conformity with the judgment and opinion of the court; or such court may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree of the court shall have the same effect and all proceedings in relation thereto shall, subject to the other provisions of this chapter, thereafter be the same as though rendered in an action heard and determined by the court. (e) Any party in interest who is aggrieved by a judgment entered by the superior court upon an appeal from a decision of the board to the superior court may have such judgment reviewed by the Court of Appeals within the time and in the manner provided by law. In case of an appeal from the decision of the board, the appeal shall operate as a supersedeas if the employer has complied with the provisions of this chapter respecting insurance; and no such employer shall be required to make payment of the award involved in the questions made in the case so appealed until such questions at issue therein shall have been fully determined in accordance with this chapter.", and inserting in its place a new Code Section 34-9-105 to read as follows: "34-9-105. (a) Any party dissatisfied with a decision of the appellate division of the State Board of Workers' Compensation may seek judicial review of that decision by filing an application for discretionary appeal in accordance with the provisions of Code Section 5-6-35 with the Court of Appeals or the Supreme Court of Georgia, whichever has jurisdiction of the issues sought to be reviewed. This application must be filed within 20 days of the date of the decision of the appellate division, unless the time for filing is extended pursuant to Code Section 34-9-103.
(b) If an application for discretionary appeal is granted, the board shall transmit a certified copy of the record to the Court of Appeals or the Supreme Court of Georgia, as appropriate, within 20 days after the notice of appeal is filed with the board.
(c) The filing of an appeal pursuant to this Code section shall act as a supersedeas of the decision of the appellate division of the State Board of Workers' Compensation."
Section 13. Said chapter is further amended by striking Code Section 34-9-108, relating to the approval of attorney's fees by the State Board of Workers' Compensation, in its entirety and inserting in its place a new Code Section 34-9-108 to read as follows:
"34-9-108. (a) The fee of an attorney for service to a claimant in an amount of more than $100.00 shall be subject to the approval of the board, and no attorney shall be entitled to collect any fee or gratuity in excess of $100.00 without the approval of the board. The board shall approve no fee of an attorney for services to a claimant in excess of 25 percent of the claimant's award of weekly benefits or settlement; provided, however, if the claimant suffered a catastrophic injury, as defined in Code Section 34-9-200.1, and the award was based upon a weekly benefit amount in excess of the maximum weekly benefit provided for noncatastrophic injuries, attorney's fees shall be computed as if the claimant received a weekly benefit amount equal to the maximum weekly benefit provided for noncatastrophic injuries.
(b) All expenses of litigation and attorney's fees charged by any attorney jn any representation under the provisions of this title while representing any employee, employer, insurance company, or self-insurer shall be disclosed to the board and all parties in a manner provided by the board. Such attorney's fees and expenses of litigation must be approved by the board prior to any payment of such attorney's fees or expenses of litigation. In order to be approved by the board, such attorney's fees and expenses of litigation must be reasonable and must bear a rational relationship to the value of

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any contested issue for which the attorney was retained or to the complexities of the services provided by the attorney.
(b) (c) (1) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may assess the adverse attorney's fee against the offending party.
(2) If any provision of Code Section 34-9-221, without reasonable grounds, is not complied with and a claimant engages the services of an attorney to enforce his rights under that Code section and the claimant prevails, the reasonable fee of the attorney, as determined by the board, and the costs of the proceedings may be assessed against the employer.
(3) Any assessment of attorney's fees made under this subsection shall be in addition to the compensation ordered."
Section 14. Said chapter is further amended by adding immediately following Code Section 34-9-130.1, relating to policies or contracts of workers' compensation insurance, a new Code Section 34-9-130.2 to read as follows:
"34-9-130.2. (a) Each workers' compensation insurer shall disclose on or before the second Monday in January of each year its costs, as provided in subsection (c) of this Code section, for the preceding calendar year.
(b) The disclosure required by this Code section shall be in the form prescribed by the Commissioner of Insurance and shall be filed with the Commissioner of Insurance.
(c) The disclosure required by this Code section shall include at a minimum the workers' compensation insurer's total underwriting costs, administrative costs, legal defense costs, reserves, payments from reserves for claims, payments to the insurer from reserves, payments for medical benefits on behalf of employees pursuant to this chapter, payments for rehabilitation benefits on behalf of employees pursuant to this chapter, payments for weekly benefits to employees pursuant to this chapter, lump sum payments made to employees pursuant to this chapter, and payments to employees' attorneys made pursuant to this chapter."
Section 15. Said chapter is further amended by adding immediately following Code Section 34-9-133, relating to the apportionment and assignment of rejected risks, a new Code Section 34-9-133.1 to read as follows:
"34-9-133.1. The Commissioner of Insurance, in consultation with the State Board of Workers' Compensation, shall issue and promulgate rules and regulations which shall delineate those criteria that the insurers shall use in determining whether or not to issue the workers' compensation insurance to an employer."
Section 16. Said chapter is further amended by adding after Code Section 34-9-134 new Code sections, to be designated Code Sections 34-9-135 and 34-9-136, to read as follows:
"34-9-135. Any commission, including any insurance agent commission, charged to any workers' compensation policy of insurance written in this state, shall be regulated in amount by the office of the Commissioner of Insurance. No commission shall be paid to any individual for the renewal of a policy of workers' compensation insurance in this state unless in the judgment of the Commissioner of Insurance such services shall have been provided by the agent or person requesting the commission to warrant a subsequent commission in being paid.
34-9-136. Before an insurance company is authorized to submit statistical data on an employer to the National Council on Compensation Insurance for purposes of determining the employer's experience modification factor, the insurance company must verify with the employer the accuracy of the data. In so verifying, the insurance company shall provide to the employer: (1) the data to be submitted; and (2) a statement in bold-face type, to be signed by an authorized representative of the employer, and submitted by the insurance company to the National Council on Compensation Insurance along with the statistical data. Said statement shall indicate that the statistical data to be submitted has been reviewed by the authorized representative of the employer; that said data

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is accurate; and that an insurance company representative has explained to the employer's representative that the statistical data to be submitted may affect the employer's premium for workers' compensation insurance coverage."
Section 17. Said chapter is further amended by striking Code Section 34-9-200.1, relating to rehabilitation benefits, in its entirety and inserting in its place a new Code Section 34-9-200.1 to read as follows:
"34-9-200.1. (a) The employer shall may furnish the employee entitled to benefits under this chapter compensation for costs of such rehabilitation benefits which in the judgment of the State Board of Workers' Compensation shall be reasonably required and appear likely to restore the employee to suitable employment. The costs of rehabilitation for the employee's restoration to suitable employment while away from the employee's home shall include the reasonable costs of his board, lodging, and travel. The period for rehabilitation shall not exceed 26 weeks unless in the judgment of the board an extension of said period is required and appears likely to restore the employee to suitable employment. The board may require recommendations from a panel of specialists appointed by the board in determining whether or not the extension of the 26 week period is justified.
rehabilitation within 96 days ef notification ef injury. The employer or its insurer 9rifl.li tiflvc trie exclusive ri^nt witrim trie ytr dfly period to ftppoint ft Fenftoilitfttion' sup~
employee snQ tne ooflrd oft fopifts prescri bed uy trie DoftPd. (2) If the employer er its insurer has net appointed a rehabilitation supplier within
tation needs of the injured employee tm4-, if appropriate, the appointment ef a re ha-

proposed rensuilit/flt/ioR supplier. Ail portics sriflll riflve r& dflys irornr the dftte snown on tfiG cGrtiticflte of service inddc Dy trie retjuestm^ psrty tti wiiicii TO object TO trie necessity ef rehabilitation or request the designation ef- a different supplier. T-he board shall then determine whether rehabilitation is necessary and if? the judgment ef- the Dosrdj rcfiflDiii't/Qtion is round TO fee necesssry to restore trie employee to suits Die
er a supplier ef the board's choosing. {3} (1) The board may order at any time an assessment of the need for rehabilita-
tion services. If, in the judgment of the board, rehabilitation is found to be necessary to restore the employee to suitable employment, a rehabilitation supplier shall be appointed pursuant te paragraph ft) er (2) ef this subsection. The board may designate a supplier requested by either of the parties or a supplier of its own choosing based upon the needs of the claimant.
<4) (2) A change in the designated rehabilitation supplier shall be made only with approval of the board. Any party to the case may request the board for a change in rehabilitation supplier. The request shall be in a form and manner prescribed by rule of the board and copies of the request shall be served on all parties and each involved rehabilitation supplier. Written objections to the request for a change in rehabilitation supplier may be filed with the board during the 15 day period following the date shown on the certificate of service and the board shall resolve such objections. (c) Upon request of an employee or an employer, the board may, in its judgment, after giving notice in writing of the request to all interested parties and allowing any interested party ten days from the date of said notice to file in writing its objections to the request, order additional rehabilitation benefits in excess of 26 weeks; and, in such case, the expenses shall be borne by the employer upon the same terms and conditions as provided in subsection (a) of this Code section. (d) The refusal of the employee without reasonable cause to accept rehabilitation shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless, in the opinion of the board, the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The

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board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified.
(e) Fees of rehabilitation suppliers and the reasonableness and necessity of their services shall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board. No rehabilitation supplier shall bill an employee for authorized rehabilitation services. The board may require recommendations from a panel of appropriate peers of the rehabilitation supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board may consider.
(f) Failure of the employee's attorney to cooperate with the rehabilitation supplier may result in the suspension or reduction of the fees provided in Code Section 34-9-108 if, in the judgment of the board, the failure to cooperate hindered the restoration of the employee to suitable employment.
(g) Any rehabilitation supplier shall hold one of the following certifications or licenses:
(1) Certified Rehabilitation Counselor (CRC); (2) Certified Insurance Rehabilitation Specialist (CIRS); (3) Certified Rehabilitation Registered Nurse (CRRN); (4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or (5) Licensed Professional Counselor (LPC) and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-9-21 against a rehabilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as determined and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter. (h) 'Catastrophic injury' means any injury which is one of the following: (1) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk; (2) Multiple amputation Amputation involving an arm, a hand, a foot, or a leg; (3) Severe brain or closed head injury as evidenced by:
(A) Severe sensory or motor disturbances; (B) Severe communication disturbances; (C) Severe complex integrated disturbances of cerebral function; (D) Severe emotional disturbances; (E) Severe disturbances of consciousness; or (F) Severe episodic neurological disorders; (4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands; or (5) Total or industrial blindness; er . { ) Any other injury determined te be catastrophic m nature by the board. In the event an injured employee has a catastrophic injury, the employer or insurer shall appoint a registered rehabilitation supplier within 48 hours of notification of the injury. The rehabilitation supplier appointed to a catastrophic injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case."
Section 18. Said chapter is further amended by striking subsection (b) of Code Sec-
tion 34-9-201, relating to the selection of a physician from a panel of physicians, and
inserting in its place a new subsection (b) to read as follows:

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"(b) The employer shall maintain a list of at least four physicians or professional associations or corporations of physicians who are reasonably accessible to the employees. At least one of the physicians must practice the specialty of orthopedic surgery. Not more than two of the physicians on the panel shall be industrial clinics. The employer shall post this list, to be known as the 'panel of physicians,' in a prominent place or in prominent places upon the business premises and otherwise take all reasonable measures to ensure that employees:
(1) Understand the function of the panel and the employee's right to select a physician therefrom in case of injury; and
(2) Are given appropriate assistance in contacting panel members when necessary."
Section 19. Said chapter is further amended by striking Code Section 34-9-203, relating to an employer's pecuniary liability for medical service or treatment, in its entirety and inserting in its place a new Code section to read as follows:
"34-9-203. (a) The pecuniary liability of the employer for medical, surgical, hospital service, or other treatment required, when ordered by the board, shall be limited to such charges as prevail in the State of Georgia for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured persons; and the employer shall not be liable in damages for malpractice by a physician or surgeon furnished by him pursuant to this chapter, but the consequences of any malpractice shall be deemed part of the injury resulting from the accident and shall be compensated for as such.
(b) The employer shall pay all medical bills, relating to the work related injury, within 60 days of receipt of proper documentation of same. Upon the failure of the employer to pay such medical bills within 60 days of receiving proper documentation, the board may in its discretion assess a penalty not to exceed 20 percent of such unpaid charges if it is found that such failure to pay is without reasonable grounds. Any penalty assessed pursuant to this subsection shall be deposited in the Subsequent Injury Trust Fund in accordance with subsection (b) of Code Section 34-9-358."
Section 20. Said chapter is further amended by adding immediately following Code Section 34-9-206, relating to reimbursement of a group insurance company for costs of medical treatment, a new Code section, to be designated Code Section 34-9-207, to read as follows:
"34-9-207. (a) When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, that employee shall be deemed to have waived any privilege or confidentiality concerning any communications related to the claim or history or treatment of injury arising from the incident that the employee has had with any physician, including, but not limited to, communications with psychiatrists or psychologists. Notwithstanding any other provision of law to the contrary, when requested by the employer any physician who has examined, treated, or tested the employee or consulted about the employee with respect to the claim or treatment of the injury shall provide within a reasonable time and for a reasonable charge all information and records related to the examination, treatment, testing, or consultation concerning the employee.
(b) When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, the employee shall provide the employer with a signed release for medical records and information concerning the claim or treatment of the injury, including information related to the treatment for any mental condition or drug or alcohol abuse. If the employee refuses to provide a signed release for medical information as required by this subsection, any weekly income benefits being received by the employee shall be suspended and no hearing shall be scheduled at the request of the employee until such signed release is provided."
Section 21. Said chapter is further amended by striking Code Section 34-9-220, relating to the period of incapacity preceding the payment of compensation, in its entirety and inserting in its place a new Code Section 34-9-220 to read as follows:

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"34-9-220. No compensation shall be allowed for the first seven three calendar days of incapacity resulting from an injury, including the day of the injury, except the benefits provided for in Code Section 34-9-200; provided, however, that, if an employee is incapacitated for 3i 14 consecutive days following an injury, compensation shall be paid for such first seven three calendar days of incapacity."
Section 22. Said chapter is further amended by striking subsections (b) and (d) of Code Section 34-9-221, relating to payment of income benefits and the procedure when such payment is controverted by the employer, in their entirety and inserting in their respective places new subsections (b) and (d) to read as follows:
"(b) The first payment of income benefits shall become due on the twenty-first fourteenth day after the employer has knowledge of the injury or death, on which day all income benefits then due shall be paid. Thereafter, income benefits shall be due and payable in weekly installments; provided, however, that the board may, in its discretion, authorize payments to be made in different installments if it determines that this would be beneficial to all parties concerned. Such weekly payments shall be considered to be paid when due when mailed to the address specified by the employee or to the address of record according to the board."
"(d) If the employer controverts the right to compensation, it shall file with the board, on or before the twenty first fourteenth day after knowledge of the alleged injury or death, a notice in accordance with the form prescribed by the board, stating that the right of compensation is controverted and stating the name of the claimant, the name of the employer, the date of the alleged injury or death, and the ground upon which the right to compensation is controverted."
Section 23. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, in its entirety and inserting in its place a new Code Section 34-9-261 to read as follows:
"34-9-261. (a) Except as provided in subsection (b) of this Code section, while the disability to work resulting from an injury is temporarily total the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $176.00 $250.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage.
Myir, 1990; the maximum weekly benefit shati be $226.00. (b) In the event of a catastrophic injury, as defined in subsection (g) of Code Section
34-9-200.1, the weekly benefit shall equal two-thirds of the employee's average weekly wage, but no more than $450.00 per week or less than $25.00 per week."
Section 24. Said chapter is further amended by striking Code Section 34-9-262, relating to benefits for temporary partial disability, in its entirety and inserting in its place a new Code Section 34-9-262 to read as follows:
"34-9-262. (a) Except as otherwise provided in Code Section 34-9-263 and in subsection (b) of this Code section, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $117.00 $150.00 per week for a period not exceeding 350 weeks from the date of injury.
(b) With respect to temporary partial disability resulting from an accident occurring on or after July 1, 1990 1992, the maximum weekly benefit shall be $160.00 $175.00."
Section 25. Said chapter is further amended by striking subsection (d) of Code Section 34-9-265, relating to payment of compensation for death resulting from injury, in its entirety and inserting in its place a new subsection (d) to read as follows:
"(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one

WEDNESDAY, FEBRUARY 26, 1992

1569

year or less after the death of the employee shall in no case exceed $66,000.00 $100,000.00."
Section 26. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Holland of the 136th moves to amend the Committee substitute to HB 1679 as follows:
On page 23 line 21 between the word "trunk" and the ";" insert:
, or resulting in total disability.

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

Abernathy Y Adams N Aiken N Alford N Ashe N Atkins N Baker
Balkcom N Barfoot N Bargeron N Barnett.B
Barnett.M
N Bates Y Beatty
Benefield N Birdsong
Y Blitch N Bordeaux Y Bostick
Branch N Breedlove Y Brooks N Brown N Brush NBuck Y Buckner
NByrd Y Campbell
Canty N Carrell N Carter N Cauthorn Y Chafin N Chambless N Cheeks N Childers

Y Clark.E Y Clark.L N Coker Y Coleman N Colwell N Connell
N Culbreth Y Cummings,B Y Cummings,M N Davis.D
Davis.G Y Davis.M
Y Dixon.H Dixon.S
Y Dobbs N Dover N Dunn N Edwards N Elliott Y Felton Y Fennel N Floyd,J.M N Floyd,J.W
Y Flynt N Godbee N Golden N Goodwin E Green N Greene N Griffin Y Groover Y Hamilton Y Hammond
Hanner N Harris.B
N Harris.J

N Heard N Henson N Herbert Y Holland N Holmes Y Howard Y Hudson Y Irwin N Jackson N Jamieson
Y Jenkins N Jones N Kilgore
YKing N Kingston N Klein NLadd N Lane.D N Lane.R Y Langford N Lawrence N Lawson
NLee N Long NLord Y Lucas N Mann N Martin Y McBee N McCoy N McKelvey
McKinney.B Y McKinney.C
Y Meadows N Merritt N Milam

N Mills N Mobley Y Moody N Morsberger Y Moultrie N Mueller N Oliver.C N Oliver.M Y Orr N Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry N Pettit N Pinholster N Pinkston
N Poag N Porter
Y Poston N Powell.A N Powell.C N Presley N Purcell Y Randall NRay
Reaves N Redding N Ricketson N Royal N Selman
Y Sherrill Y Simpson N Sinkfield

On the adoption of the amendment, the ayes were 48, nays 111. The amendment was lost.

Skipper Y Smith.L N SSmmiitthh,,P'!'
N Smith.W N Smyre N Snow Y Stancil.F N Stancil.S
Stanley Y Streat N Taylor Y Teper Y Thomas.C N Thomas, M N Thomas.N Y Thurmond N Titus N Tolbert
Townsend Turnquest N Twiggs Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder N Williams.B Williams.J N Williams.R Y Yeargin Murphy,Spkr

The following amendment was read and adopted:

Representative Dunn of the 73rd moves to amend the Committee substitute to HB 1679 as follows:
On page 18 at line 11 beginning with the word "no" strike lines 11 through 17.

The following amendment was read and adopted:

1570

JOURNAL OF THE HOUSE,

Representative Smyre of the 92nd moves to amend the Committee substitute to HB 1679 by striking on line 13 of page 3 the following:
"Said chapter is further",
and inserting in lieu thereof the following:
"Chapter 9 of Title 34 of the Official Code of Georgia Annotated, related to workers' compensation, is".

The following amendment was read and adopted:
Representative Campbell of the 23rd moves to amend the Committee substitute to HB 1679 as follows:
By adding the following sentence on page 26, line 33, after the word "abuse",
"Said release shall specify the name of the medical provider and shall provide that the signed release shall expire after the date of the hearing."

The following amendment was read:
Representatives Skipper of the 116th, Ricketson of the 82nd and Holland of the 136th move to amend the Committee substitute to HB 1679 as follows:
On page 18, delete lines 7 through lines 17.

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

Abernathy N Adams N Aiken N Alford N Ashe N Atkins
N Baker N Balkcom N Barfoot Y Bargeron N Barnett.B
Barnett.M
N Bates Y Beatty
Benefield N Birdsong Y Blitch N Bordeaux N Bostirk
Branch Y Breedlove
N Brooks N Brown N Brush N Buck N Buckner N Byrd
Campbell
Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers

N Clark.E
N Clark.L N Coker Y Coleman N Colwell Y Connell N Culbreth Y Cummings.B
N Cummings.M N Davis.D
Davis.G Y Davis.M
Dixon.H Dixon.S
Y Dobbs N Dover
N Dunn N Edwards N Elliott
Felton Y Fennel Y Floyd,J.M N FloydJ.W N Flynt
Y Godbee N Golden N Goodwin E Green N Greene N Griffin N Groover N Hamilton N Hammond Y Hanner N Harris,B N Harris,J

N Heard N Henson N Herbert
Y Holland N Holmes N Howard
Y Hudson
N Irwin N Jackson Y Jamieson
N Jenkins N Jones
N Kilgore N King Y Kingston N Klein
NLadd N Lane.D
N Lane.R N Langford
N Lawrence N Lawson N Lee
NLong NLord Y Lucas YMann N Martin YMcBee N McCoy
N McKelvey McKinney,B
N McKinney.C Y Meadows N Merritt
Y Milam

N Mills N Mobley Y Moody N Morsberger
Y Moultrie N Mueller
N Oliver.C N Oliver.M NOrr N Orrock
Padgett N Parham
Y Parrish Y Patten
Pelote Y Perry N Pettit N Pinholster N Pinkston
NPoag Y Porter Y Poston N Powell,A Y Powell.C N Presley N Purcell N Randall NRay N Reaves Y Redding Y Ricketson N Royal N Selman N Sherrill
N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 39, nays 122.

Y Skipper Y Smith.L
Smith.P Smith.T Y Smith.W
N Smyre N Snow
N Stancil.F N Stancil,S
Stanley N Streat N Taylor N Teper
N Thomas.C N Thomas.M N Thomas.N Y Thurmond N Titus N Tolbert N Townsend
N Turnquest N Twiggs N Valenti
N Vaughan N Walker,J N Walker.L N Wall Y Watson N Watts N White Y Wilder N Williams.B
Williams.J Y Williams.R N Yeargin
Murphy ,Spkr

WEDNESDAY, FEBRUARY 26, 1992

1571

The amendment was lost.

The following amendment was read and adopted:
Representative Henson of the 57th moves to amend the Committee substitute to HB 1679 by adding on line 7 of page 1 after the word "as" and before the word "to" the following:
"to provide that a workers' compensation insurer shall not be authorized to settle a claim on behalf of an insured employer without giving prior notice to such employer;".
By adding between lines 12 and 13 of page 3 a new Section 1.1 to read as follows:
"Section 1.1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-15, relating to the procedure for settlement between parties generally, and inserting in its place a new Code Section 34-9-15 to read as follows:
'34-9-15. Nothing contained in this chapter shall be construed so as to prevent settlements made by and between the employee and employer but rather to encourage them, so long as the amount of compensation and the time and manner of payment are in accordance with this chapter. A workers' compensation insurer shall not be authorized to settle a claim on behalf of its insured employer without giving prior notice to such employer of the terms of the settlement agreement. A copy of any such settlement agreement shall be filed by the employer with the board, and no such settlement shall be binding until approved by the board. Whenever it shall appear to the board, by stipulation of the parties or otherwise, that there is a bona fide dispute as to facts, the determination of which will materially affect the right of the employee or dependent to recover compensation or the amount of compensation to be recovered, or that there is a genuine dispute as to the applicability of this chapter, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts or to the questions as to the applicability of this chapter, then, upon such determination, the board shall approve the settlement and enter an award conforming to the terms thereof even though such settlement may provide for the payment of compensation in a sum or sums less than would be payable if there were no conflict as to the employee's right to recover compensation. When such settlement has been agreed upon and approved by the board, it shall constitute a complete and final disposition of all claims on account of the incident, injury, or injuries referred to therein, and the board shall not be authorized to enter upon any award subsequent to such board approval amending, modifying, or changing in any manner the settlement, nor shall the settlement be subject to review by the board under Code Section 34-9-104.'"

The following amendment was read and adopted:

Representative Bordeaux of the 122nd moves to amend the Committee substitute to HB 1679 as follows:
By striking on line 20 of page 18 the following:
"the National Council on Compensation Insurance" and inserting in lieu thereof:
"a rating organization licensed pursuant to Title 33".
By striking on lines 28 and 29 of page 18 the following:
"National Council on Compensation Insurance", and inserting in its place the following:

1572

JOURNAL OF THE HOUSE,

"licensed rating organization".

The following amendment was read and adopted:
Representative Groover of the 99th moves to amend the Committee substitute to HB 1679 as follows:
By adding on line 22 page 23 after "involving" the following: "the effective full loss of use of that appendage:"

The following amendment was read and adopted:
Representative Groover of the 99th moves to amend the Committee substitute to HB 1679 as follows:
Add on line 2 page 29 after "week":
"Provided, however with respect to an injury described in Section 34-9-200.1 (g) (2), unless the injury is such as to cause a total disability the benefit payments shall be limited to 400 weeks."

The following amendment was read and withdrawn:
Representative White of the 132nd moves to amend the Committee substitute to HB 1679 by adding on line 14 of page 2 after the word and symbol "physicians;" and before the word "to" the following:
"to authorize the promulgation of rules and regulations regarding the participation of minority physicians on panels of physicians;".
By adding between lines 5 and 6 of page 25 a new Section 18.1 to read as follows:
"Section 18.1. Said chapter is further amended by adding to Code Section 34-9-201, relating to the selection of a physician from a panel of physicians, a new subsection (f) to read as follows:
'(f) The board shall promulgate rules and regulations to ensure, whenever feasible, the participation of minority physicians on panels of physicians maintained by employers pursuant to this Code section.'"

The following amendment was read:
Representative Wilder of the 21st moves to amend the Committee substitute to HB 1679 as follows:
Page 15 line 24 change 25 to 10.

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

N Abernathy
N Adams Y Aiken N Alford N Ashe Y Atkins N Baker
N Balkcom N Barfoot
Y Bargeron
N Barnett.B
Barnett.M

N Bates
N Beatty Benefield
N Birdsong N Blitch N Bordeaux N Bostick
Branch Y Breedlove
N Brooks
Brown
N Brush

N Buck
N Buckner N Byrd N Campbell
Canty Carrell N Carter
N Cauthorn N Chafin
N Chambless
Cheeks
N Childers

N Clark.E
N Clark.L Y Coker
Coleman N Colwell
Connell N Culbreth
N Cummings.B N Cummings.M
N Davis.D
N Davis.G
Davis.M

N Dixcn.H
Dixon.S Y Dobbs N Dover N Dunn N Edwards N Elliott
Felton N Fennel
N Floyd.J.M
N Flovd.J.W
N Flynt

WEDNESDAY, FEBRUARY 26, 1992

1573

Y Godbee N Gulden N Goodwill E Green N Greene
Griffin \ Groover N Hamilton N Hamrnond N Manner
Harri,B N Harris,.] N Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson
Jamieson N Jenkins N Jones

N Kilgore N King N Kingston N Klein NLadd N Lane.D
Lane.R N Langford N Lawrence N Lawson NLee NLong N Lord N Lucas N Mann N Martin N McBee N McCoy N McKelvey N McKinney.B N McKinney.C Y Meadows N Merritt N Milam

N Mills N Mobley N Moody N Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M NOrr N Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry N Pettit Y Pinholster N Pinkston YPoag N Porter N Poston N Powell.A Y Powell.C

N Presley N Purcell N Randall N Ray N Reaves N Redding
Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield
Skipper N Smith.L
Smith,? N Smith.T N Smith.W N Smyre N Snow N Stancil.F Y Stancil.S
Stanley N Streat N Taylor

N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus N Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan N Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder N Williams.B
Williams.J N Williams.R
Yeargin Murphy,Spkr

On the adoption of the amendment, the ayes were 16, nays 139. The amendment was lost.

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

The following amendment was read:
Representative Alford of the 57th moves to amend the Committee substitute to HB 1679 by striking from line 31 of page 16 the following:
"compensation ordered.'",
and inserting in lieu thereof the following:
"compensation ordered.
(d) An attorney shall not advertise to render services to a potential claimant when he or she or his or her firm does not intend to render said services and shall not divide a fee for legal services with another attorney who is not a partner in or associate of his or her law firm or law office, unless:
(1) The client consents to employment of the other attorney after a full disclosure that a fee division will be made;
(2) The division is made in proportion to the services performed and the responsibility assumed by each; and
(3) The total fee of the attorneys does not clearly exceed reasonable compensation for all legal services such attorneys rendered to the client.'"

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

Y Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins Y Baker

Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty

Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch
Y Breedlove

N Brooks N Brown Y Brush YBuck
Buckner Y Byrd Y Campbell

Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks

1574

JOURNAL OF THE HOUSE,

Y Childers Y Clark.E Y Clark.L N Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B N Cummings.M Y Davis.D Y Davis,G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Flovd.J.M Y Flovd.J.W Y Flvnt Y Gc'>dbee Y Golden Y Goodwin K Green

Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
N Howard
Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing
Y Kingston
Y Klein YLadd Y Lane.D
Y Lane.R
Y Langford
Y Lawrence

Y Lawson Y Lee YLong YLord N Lucas YMann Y Martin N McBee Y McCoy Y McKelvey Y McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam N Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr N Orrock Y Padgett Y Parham Y Parrish Y Patten

Pelote Y Perry Y Pettit Y Pinholster Y Pinkston N Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell N Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill N Simpson N Sinkfield Y Skipper
Smith,L Smith.P Y Smith.T Y Smith, W Y Smvre Y Sno'w

On the adoption of the amendment, the ayes were 144, nays 23. The amendment was adopted.

Y Stancil.F Y Stancil.S
Stanley Y Streat N Taylor N Teper Y Thomas.C N Thomas.M N Thomas.N N Thurmond Y Titus Y Tolbert Y Townsend N Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts N White Y Wilder
Williams.B Williams.J Y Williams.R Y Yeargin Murphy,Spkr

Representative Dunn of the 73rd moved that the House reconsider its action in failing to adopt the Ricketson, et al. amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty
Benefield Y Birdsong Y Blitch N Bordeaux
Bostick Branch Y Breedlove Brooks N Brown Y Brush Y Buck N Buckner Y Byrd N Campbell Canty N Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Cheeks N Childers

N Clark.E Y Clark.L N Coker Y Coleman Y Colwell
Y Connell Y Culbreth
Y Cummings,B
N Cummings.M N Davis.D Y Davis.G
Davis.M
Y Dixon.H Y Dixon.S Y Dobbs
N Dover
Y Dunn
N Edwards N Elliott
N Felton
Y Fennel
Y Flovd.J.M
Y Floyd.J.W
Y Flynt Y Godbee N Golden
N Goodwin E Green N Greene
Y Griffin Y Groover
N Hamilton
Y Hammond
Y Hanner
Y Harris.B
Y Harris.J

N Heard
Y Henson
N Herbert Y Holland N Holmes Y Howard
Y Hudson
N Irwin
N Jackson
Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston N Klein YLadd N Lane.D N Lane.R
Y Langford
N Lawrence N Lawson
Y Lee
YLong
YLord N Lucas
YMann
Y Martin Y McBee Y McCoy N McKelvey N McKinney.B
Y McKinney.C Y Meadows
Y Merritt
Y Milam

Y Mills Y Mobley
Y Moody
N Morsberger
Y Moultrie
Y Mueller Y Oliver.C
N Oliver.M N Orr Y Orrock
Y Padgett
Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston
Y Poag Y Porter
N Poston Y Powell.A
N Powell.C
N Presley Y Purcell
N Randall
Y Ray
N Reaves
Y Redding Ricketson
Y Royal
N Selman Y Sherrill
N Simpson
Y Sinkfield

Y Skipper Y Smith.L
Smith.P Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat N Taylor N Teper N Thomas.C
Y Thomas, M
Thomas, N
N Thurmond
N Titus
N Tulbert
Y Townsend
N Turnquest Y Twiggs N Valenti N Vaughan
Y Walker.J
Y Walker.L
Y Wall
Y Watson
Y Watts
N White
Y Wilder
Y Williams.B
Williams.J
Y Williams.R
Y Yeargin
Murphy.Spkr

WEDNESDAY, FEBRUARY 26, 1992

1575

On the motion, the ayes were 109, nays 55. The motion prevailed.

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

Y Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron N Harriett,B Y Barnett.M Y Bates N Beatty
Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick
Branch Y Breedlove N Brooks
Brown Y Brush Y Buck Y Buckner
Y Byrd Campbell
Canty Y Carrell
Carter N Cauthorn N Chafin Y Chambless N Cheeks Y Childers

Y Clark,E
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B N Cummings.M
Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Elliott
Felton N Fennel Y Floyd.J.M Y Floyd,J.W N Flynt
Y God bee Y Golden Y Goodwin E Green
Greene Y Griffin
Y Groover N Hamilton N Hammond Y Hanner Y Harris.B Y Harris,J

N Heard Y Henson N Herbert
Y Holland Y Holmes Y Howard Y Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore N King Y Kingston
N Klein YLadd N Lane,D Y Lane.R Y Langford N Lawrence Y Lawson
Y Lee YLong
Lord Y Lucas Y Mann Y Martin
Y McBee Y McCoy Y McKelvey N McKinney.B
N McKinney.C Y Meadows Y Merritt
Y Milam

N Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C N Oliver.M NOrr Y Orrock Y Padgett Y Parham Y Parrinh Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C N Presley Y Purcell N Randail NRay Y Reaves Y Redding
Ricketsoh N Royal N Selman Y Sherrill
N Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow N Stancil.F Y Stancil.S
Stanley Y Streat N Taylor N Teper N Thomas.C Y Thomas.M
Thomas,N Thurmond
N Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan Y Walker.J Y Walker.L N Wall Y Watson
Y Watts N White Y Wilder N Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy .Spkr

On the adoption of the amendment, the ayes were 116, nays 43. The amendment was adopted.

Representative Holland of the 136th moved that the House reconsider its action in failing to adopt the Holland amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams N Aiken
N Alford N Ashe N Atkins
N Baker N Balkcom N Barfoot
Bargeron N Barnett.B N Barnett.M N Bates N Beatty
Benefield N Birdsong Y Blitch Y Bordeaux

Y Bostick
Branch N Breedlove Y Brooks N Brown N Brush N Buck Y Buckner N Byrd Y Campbell
Canty N Carrell
N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers

Y Clark.E Y Clark,L N Coker Y Coleman N Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M
Davis.D Davis.G Y Duvis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover N Dunn
N Edwards

N Elliott Y Felton Y Fennel N FloydJ.M N FloydJ.W N Flynt
N Godbee N Golden Y Goodwill E Green
Greene N Griffin N Groover Y Hamilton Y Hammond N Manner N Harris.B N Harris,J

N Heard N Henson N Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin N Jackson N Jamieson Y Jenkins N Jones N Kilgore YKing Y Kingston N Klein NLadd N Lane.D

1576

JOURNAL OF THE HOUSE,

N Lane.R N Langford N Lawrence N Lawson N Lee N Long N Lord
Lucas N Mann N Martin Y McBee N McCoy N McKelvey
McKinnev.B Y McKinney.C Y Meadows N Merritt N Milam

N Mills N Mobley Y Moody N Morsberger
Y Moultrie Y Mueller
N Oliver.C
N Oliver.M
YOrr
Y Orrock N Padgett
N Parham
N Parrish N Patten
Pelote Y Perry N Pettit N Pinholster

N Pinkston
N Poag
N Porter
Y Poston
N Powell.A
N Powell.C N Presley N Purcell
Randall N Ray Y Reaves
Redding Y Ricketson N Royal N Seiman Y Sherrill Y Simpson
N Sinkfield

On the motion, the ayes were 57, nays 102. The motion was lost.

Y Skipper Y Smith.L N Smith.P Y Smith.T N Smith.W N Smyre N Snow Y Stancil.F N Stancil.S
Stanley N Streat Y Taylor Y Teper Y Thomas.C
Thomas.M N Thomas,N
Thurmond Y Titus

N Tolbert Y Townsend N Turnquest N Twiggs
Valenti N Vaughan Y Walker.J N Walker.L N Wall Y Watson N Watts Y White N Wilder N Williams.B
Williams.J N Williams.R
Yeargin Murphy,Spkr

On the adoption of the Committee substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams N Aiken N Alford N Ashe N Atkins Y Baker Y Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty
Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch N Breedlove Y Brooks Y Brown N Brush N Buck Y Buckner N Byrd Y Campbell
Canty N Carrell N Carter Y Cauthorn Y Chafin N Chambless N Cheeks Y Childers

Y Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth Y Cummings.B Y Cummings.M
Davis.D N Davis.G
Davis.M Y Dixon.H N Dixon.S N Dobbs Y Dover Y Dunn N Edwards N Elliott N Felton N Fennel N FloydJ.M N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin Y Groover Y Hamilton Y Hammond
Manner N Harris.B Y Harris,J

N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard N Hudson Y Irwin N Jackson Y Jamieson N Jenkins N Jones N Kilgore N King N Kingston Y Klein N Ladd Y Lane.D N Lane.R Y Langford N Lawrence N Lawson N Lee N Long N Lord Y Lucas N Mann Y Martin N McBee N McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt N Milam

Y Mills N Mobley N Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish N Patten
Pelote N Perry N Pettit N Pinholster N Pinkston N Poag N Porter N Poston N Powell.A N Powell.C N Presley N Purcell Y Randall NRay N Reaves Y Redding N Ricketson N Royal N Seiman N Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L N Smith.P N Smith.T N Smith.W Y Smyre N Snow N Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus N Tolbert N Townsend Y Turnquest Y Twiggs
Valenti N Vaughan Y Walker.J N Walker.L Y Wall Y Watson Y Watts Y White N Wilder N Williams.B
Williams.J N Williams.R N Yeargin
Murphy,Spkr

On the adoption of the Committee substitute, as amended, the ayes were 73, nays 95. The Committee substitute, as amended, was lost.

Representatives Davis of the 45th and Thurmond of the 67th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

WEDNESDAY, FEBRUARY 26, 1992

1577

Representative Williams of the 90th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise extensively the provisions of said chapter; to revise definitions; to provide for statutory construction; to revise grounds for denial of workers' compensation benefits; to provide statutory presumptions relative to injuries due to intoxication; to provide for legislative intent; to provide for the publication and display of a summary of the rights, benefits, and obligations under said chapter; to revise provisions relative to hearings; to revise provisions relative to attorney's fees; to revise provisions relative to mail-order pharmacies; to provide for the verification of statistical data by an employer prior to the submission of such data for the purposes of determining an experience modification factor; to provide conditions for the payment of certain benefits; to revise provisions relative to rehabilitation; to revise provisions relative to the panel of physicians and the selection of physicians; to provide conditions for the suspension of benefits; to revise provisions relative to medical examinations; to provide for the release of medical records and information and for waivers of confidentiality relative to such records and information; to revise provisions relative to preexisting physical conditions; to provide for reductions of the amount of compensation an employer is obligated to pay; to revise provisions relative to benefits for temporary total disability; to provide for the determination of impairment ratings; to increase the compensation paid for death resulting from an injury; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraphs (4) and (5) of Code Section 34-9-1, relating to definitions, and inserting in lieu thereof new paragraphs (4), (5), and (6) to read as follows:
"(4) 'Injury' or 'personal injury' means only injury by accident arising out of and in the course of the employment and shall not, except as hereinafter provided otherwise provided in this chapter, include a disease in any form except where it results naturally and unavoidably from the accident. 'Injury' and 'personal injury' shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee, nor shall 'injury' and 'personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, or thrombosis, or cerebral vascular injury unless it is shown by competent medical evidence based upon a reasonable degree of medical certainty that such condition or conditions were caused by one specific incident of unusual exertion arising out of and in the course of employment which was more than required by the employee's usual and customary duties. With respect to back injuries, however, the term 'injury' or 'personal injury' means an injury to the back which arises out of and in the course of the employment and is the direct result of a specific traumatic incident of the work assigned and such term shall not include any injury to the back occurring outside of the course of employment which may be casually affected or aggravated through normal work assigned, unless it is shown by a preponderance ef competent attd credible evidence that tmy ef such conditions were attributable te the performance ef th usual work el employment. Alcoholism or disabilities attributable thereto shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of the employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be 'injury' or 'personal injury' by accident arising out of and in the course of employment except when such addiction was caused by the use of drugs or medicines prescribed by an authorized physician for the treatment of the initial injury by at authorized physician.

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(5) In all cases arising under this chapter, any percentage of disability or bodily loss ratings shall be based upon 'Guides to the Evaluation of Permanent Impairment' published by the American Medical Association any other recognized medical books er
j2fUl(168'
(6) (A) When an employer provides transportation to an employee which is available for the employee's personal use and the employee is injured while going to or coming from work while using such transportation, the injury does not arise out of and in the course of employment unless the employee was engaged in an errand or mission for the employer.
(B) When an employee is injured while traveling away from his usual place of employment, such injury arises out of and in the course of his employment only if he is actively engaged in the duties of his employment at the time of such injury. During travel necessary to and from the destination away from employee's usual place of employment for the purpose of performing employment duties, the employee shall be considered actively engaged in the performance of his employment duties."
Section 2. Said chapter is further amended by striking in its entirety Code Section 34-9-17, which reads 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 by alcohol or being under the influence of marijuana or a controlled substance, except as may have been lawfully prescribed by a physician for such employee and taken in accordance with such prescription, 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 to the accident. The burden of proof shall be upon the party who claims an exemption or forfeiture under this Code section.", and inserting in its place a new Code Section 34-9-17 to read as follows:
"34-9-17. (a) No compensation shall be allowed for an injury or death due to the employee's willful misconduct.
(b) No compensation shall be allowed for an injury or death due to the employee's intentionally self-inflicted injury.
(c) No compensation shall be allowed for an injury or death growing out of the employee's attempt to injure another.
(d) No compensation shall be allowed for an injury or death due to intoxication by alcohol or being under the influence of marijuana or any controlled substance or other drug as defined in Code Section 34-9-17.1, except when such substance or drug has been lawfully prescribed by a physician for such employee and taken in accordance with such prescription.
(e) No compensation shall be allowed for injury or death due to the 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 had knowledge prior to the accident.
(f) No compensation shall be allowed for injury or death of an employee, if prior to such injury or death: (1) the employee knowingly made a false representation to the employer about the employee's physical condition, physical capacity, or medical treatment related to such physical condition; (2) the employer relied on such false representation in hiring or retaining the employee; and (3) the physical condition concealed by the false representation in combination with the injury bring about a greater impairment or disability than the injury alone would have caused, contributes to the cause of the injury, makes the employee more susceptible to the injury, increases the effect of the injury, contributes to the cause of death, or accelerates the cause of death following the injury.
(g) The burden of proof shall be upon the party who claims an exemption or forfeiture under this Code section, except as otherwise provided in Code Section 34-9-17.1."

WEDNESDAY, FEBRUARY 26, 1992

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Section 3. Said chapter is further amended by adding immediately following Code Section 34-9-17, relating to the grounds for denial of compensation, a new Code Section 34-9-17.1 to read as follows:
"34-9-17.1. (a) As used in this Code section, the term 'drug' or 'drugs' shall include and mean alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; any substance or drug set forth in Chapter 13, Title 16; or a metabolite of any of the substances or drugs listed in this subsection.
(b) If, within three hours of the time of the injury, the person's alcohol concentration is 0.10 grams or more, it shall be conclusively presumed that the injury was due to intoxication of the employee by such drug. For the purposes of this chapter, the term 'alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(c) If, within 24 hours of the employment injury, the employee has a positive confirmation by a reliable scientific test of a drug other than alcohol, it shall be presumed that the injury was due to intoxication of the employee by such drug.
(d) If, after an employment injury, an employee refuses to submit to a reliable scientific test for the presence of any drug defined in this Code section, it shall be presumed in the absence of clear and convincing evidence to the contrary that the injury was due to intoxication of the employee by such drug or drugs.
(e) If, after an employee has been returned to work with restrictions, the employee tests positive for any drug as defined by this Code section and as a result is terminated, that employee shall not be entitled to the payment of any additional weekly income benefits under Code Section 34-9-261 or 34-9-262."
Section 4. Said chapter is further amended by adding immediately following Code Section 34-9-22, relating to the penalty for the receipt of unapproved fees or for solicitation, a new Code Section 34-9-23 to read as follows:
"34-9-23. It is the intent of the General Assembly that this chapter be interpreted so as to ensure the quick and efficient delivery of disability and medical benefits to an injured employee at a reasonable cost to the employer. It is also the intent of the General Assembly that this chapter shall be liberally construed only for the purpose of bringing employers and employees within the provisions of this chapter and to provide a complete and exclusive system and procedure only for the resolution of disputes between an employee and employer. The provisions of this chapter shall be construed and applied impartially to both employers and employees."
Section 5. Said chapter is further amended by striking Code Section 34-9-81.1, relating to the duty of the State Board of Workers' Compensation to provide injured workers with notice of rights, benefits, and obligations, in its entirety and inserting in its place a new Code Section 34-9-81.1 to read as follows:

QOflFQ snsli fts soon fts prflct>ic9Dle provide *ne injured WOFKCF wrtn notice of nis OF ner
the opeFQtion of sucn cnspteF. l nis \^ode section sfiQil oecorne eiiective (Jsniiflry i, lyo4. The board shall provide by rule for the publication of a summary of the rights, benefits, and obligations under this chapter and the distribution of such summary to employers and employees in this state. The board shall provide by rule for the display of such summary by employers in locations accessible to employees."
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 34-9-102, relating to hearings before an administrative law judge, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) Notice of hearing. The hearing shall be held as soon as practicable; provided, however, no hearing shall be scheduled less than 30 days nor more than 60 days from the date of the hearing notice."

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Section 7. Said chapter is further amended by striking subsection (a) of Code Section 34-9-104, relating to the modification of an award or order contained in a prior decision in the event of a change in condition, and inserting in its place a new subsection (a) to read as follows:
"(a) (1) As used in this Code section, the term 'change in condition' means a change in the wage-earning capacity, physical condition, or status of an employee or other beneficiary covered by this chapter, which change must have occurred after the date on which the wage-earning capacity, physical condition, or status of the employee or other beneficiary was last established by award or otherwise.
(2) Where an employee is not working after 52 weeks from an injury that is not catastrophic as defined in subsection (g) of Code Section 34-9-200.1, a change in condition for the better shall occur and the employee shall be entitled to the payment of benefits for partial disability under Code Section 34-9-262 upon proof of the release of the employee to work with restrictions."
Section 8. Said chapter is further amended by striking Code Section 34-9-108, relating to the approval of attorney's fees by the State Board of Workers' Compensation, in its entirety and inserting in its place a new Code Section 34-9-108 to read as follows:
"34-9-108. (a) The fee of an attorney for service to a claimant in an amount of more than $100.00 shall be subject to the approval of the board, and no attorney shall be entitled to collect any fee or gratuity in excess of $100.00 without the approval of the board. The board shall approve no fee of an attorney for services to a claimant in excess of 25 percent of the claimant's award of weekly benefits or settlement; provided, however, if the claimant suffered a catastrophic injury, as defined in Code Section 34-9-200.1, and the award was based upon a weekly benefit amount in excess of $250.00, attorney's fees shall be computed as if the claimant received a weekly benefit amount of $250.00.
(b) (1) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may assess the adverse attorney's fee against the offending party.
\E/ IT flny provision r oode bee*ion o4 y~1 1 witnout reflsonsDle grounds, t& not
under tnflt oode section find tnc clfliwisnt prevsils, the reflsonsDie tee of tne sttorney, as determined by the board, and the costs ef the proceedings may he assessed against
43} (2) Any assessment of attorney's fees made under this subsection shall be in addition to the compensation ordered."
Section 9. Said chapter is further amended by striking in its entirety Code Section 34-9-124.2, which reads as follows:
"34-9-124.2. (a) A policy, plan, or contract of workers' compensation insurance issued under this chapter may not be issued, delivered, issued for delivery, or renewed on or after July 1, 1990, and a certificate of authority for a group self-insurance fund under Article 5 of this chapter may not be issued or renewed on or after July 1, 1990, if such policy, plan, contract, or fund requires that recipients of benefits thereunder obtain pharmacy services, including but not limited to prescription drugs, from an outof-state mail order pharmacy or which requires that such recipients who do not utilize an out-of-state mail order pharmacy must pay a copayment fee or have imposed any other condition for the receipt of pharmacy services when that payment or condition is not imposed upon those recipients who utilize an out-of-state mail order pharmacy for those services.
(b) An employer who provides workers' compensation benefits as a self-insurer under this chapter may not require that any recipient of benefits under that self-insurance plan who becomes an employee of that employer on or after July 1, 1990, and who obtains pharmacy services under that plan, including but not limited to prescription drugs, must obtain those services from an out-of-state mail order pharmacy or must pay a copayment fee or have imposed any other condition for the receipt of pharmacy services when that payment or condition is not imposed upon those recipients who utilize an out-of-state mail order pharmacy for those services.",

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and inserting in its place a new Code Section 34-9-124.2 to read as follows: "34-9-124.2. A policy, plan, or contract of workers' compensation insurance issued
under this chapter or an employer providing workers' compensation benefits as a self-insurer under this chapter may require that any employee receiving benefits under this chapter obtain pharmacy services including, but not limited to, prescription drugs from an out-of-state mail-order pharmacy; provided, however, if an in-state pharmacy charges the same amount as the out-of-state mail-order pharmacy for the same pharmacy services, including but not limited to prescription drugs, then the employee shall not be required to obtain such pharmacy services from the out-of-state mail-order pharmacy."
Section 10. Said chapter is further amended by adding immediately following Code Section 34-9-130.1, relating to policies or contracts of insurance against workers' compensation liability, a new Code Section 34-9-130.2 to read as follows:
"34-9-130.2. Before an insurance company is authorized to submit statistical data on an employer to the National Council on Compensation Insurance for purposes of determining the employer's experience modification factor, the insurance company must verify with the employer the accuracy of the data. In so verifying, the insurance company shall provide to the employer: (1) the data to be submitted; and (2) a statement in boldface type, to be signed by an authorized representative of the employer and submitted by the insurance company to the National Council on Compensation Insurance along with the statistical data. Said statement shall indicate that the statistical data to be submitted has been reviewed by the authorized representative of the employer, that said data is accurate, and that an insurance company representative has explained to the employer's representative that the statistical data to be submitted may affect the employer's premium for workers' compensation insurance coverage."
Section 11. Said chapter is further amended by striking Code Section 34-9-200, relating to compensation for medical care, artificial members, and other treatment and supplies, and inserting in its place a new Code Section 34-9-200 to read as follows:
"34-9-200. (a) The employer shall furnish the employee entitled to benefits under this chapter such medical, surgical, and hospital care and other treatment, items, and services which are prescribed by a licensed physician, including medical and surgical supplies, artificial members, and prosthetic devices and aids damaged or destroyed in a compensable accident, which in the judgment of the State Board of Workers' Compensation shall be reasonably required and appear likely to effect a cure, give relief, or restore the employee to suitable employment; provided, however, before an employer shall be required to provide professional or nonprofessional custodial care, the nature of the injury must require such care, and such care must be performed at the direction and under the control of a licensed physician who must state that custodial care is necessary as a result of the accident and who must describe with a reasonable degree of particularity the nature and extent of the duties to be performed. Family members may not be paid for such care unless prescribed by such physician and then shall be paid no more than an amount equal to the federal minimum wage for not more than a total of 12 hours per day. An employer shall not be required to pay for any services considered household duties performed by a family member or a professional health care provider nor shall an employer be required to pay for any services which provide a direct benefit to members of the household other than the employee.
(b) Upon the request of an employee or an employer, the board may in its judgment, after giving notice in writing of the request to all interested parties and allowing any interested party ten days from the date of said notice to file in writing its objections to the request, order a change of physician or treatment and designate other treatment or another physician; and, in such case, the expenses shall be borne by the employer upon the same terms and conditions as provided in subsection (a) of this Code section.
(c) The refusal of the employee without reasonable cause to accept either medical, surgical, or hospital care or other treatment, as provided by this Code section, when ordered by the board, shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless in the opinion of the board the

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circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified.
(d) If an emergency arises and the employer fails to provide the medical or other care as specified in this Code section, or if other compelling reasons force the employee to seek temporary care, the employee is authorized to seek such temporary care as may be necessary. The employer shall pay the reasonable costs of the temporary care if ordered by the board.
(e) When a claim has been filed or benefits have been paid, the employer shall not be required to furnish to the employee any further or additional medical, surgical, or hospital care or other treatment items and services if, for a period of two years, the employee does not receive reasonable and necessary remedial medical treatment furnished by the employer for the condition or conditions caused by the employment injury. For the purposes of this Code section, the term 'remedial treatment' means skilled services provided by a physician licensed to practice medicine. Nothing in this subsection shall be construed to extend the period of limitation set forth in Code Section 34-9-82."
Section 12. Said chapter is further amended by striking Code Section 34-9-200.1, relating to rehabilitation benefits, in its entirety and inserting in its place a new Code Section 34-9-200.1 to read as follows:
o4~y ~^LH/. i. \dt) J. lie employer stiflii fUFnisn toe e m pioyee entitled to ocnertvs under this chapter compensation fer costs ef such rehabilitation benefits which m the judgmcnt OT tnc otatc l^oarci ot w orRers L^ompcnsction snail fee reasonably required and appear likely te restore the employee te suitable employment. The coats ef rehabilitation fer the employee's restoration te suitable employment while away from th employee's heme shait include the reasonable costs ef- his board, lodging, and travel. T-he period for

employment. The board may require recommendations f-rem a panel ef- specialists

3ppomted Dy tne Doflrd tn detenu ining wnetner of not trie extension of trie ~&o weeK

period is justified. In the event of a catastrophic injury, the employer shall furnish the

employee entitled to benefits under this chapter with reasonable and necessary rehabili-

tation services. The employer either shall appoint a registered rehabilitation supplier or

give reasons why rehabilitation is not necessary within 48 hours of the employer's

acceptance of the injury as compensable or notification of a final determination of

compensability, whichever occurs later. If it is determined that rehabilitation is required

under this Code section, the employer shall have a period of 15 days from the date of

notification of that determination within which to select a rehabilitation supplier. If the

employer fails to select a rehabilitation supplier within such time period, a rehabilitation

supplier will be appointed by the board to provide services at the expense of the

employer. The rehabilitation supplier appointed to a catastrophic injury case shall have

the expertise which, in the gment of the board,

to provide rehabilitation

services in such case.

(W (1) The

rehabilitation within 90 days ef notification ef injury. The employer er its insurer

shall have the exclusive right within the 90 day period te appoint a rehabilitation sap-

employec ftnet tne Do&rd on forms prescribed oy tne DOHFQ. (2) If the employer er its insurer has net appointed a rehabilitation supplier within
tne tTv dQy period, o.ny psrty msy petition tne uosrd fop sn sssessment of tne renflDiii"

Driitstion supplier to restore tiie employee to suit/dole employment, i nc p&ft-y petitioning trie Dosrd snflll sei*vc copies of tne rccjtiest upon opposing pftftics find tne

necessity ef rehabilitation er request the designation ef a different supplier. The board snflii tficn determine wnetner fensoiiitfltion is nccessflry 8nd rty tft tne iudffmenr1 or tne

WEDNESDAY, FEBRUARY 26, 1992

1583

pens uilit&tiO'ft is tourio. vO oe necesssry to restore trie employee to
or a supplier ef- the board's choosing. board may order at any time an assessment of the need for rehabilitation
TTJ tn tnc judgment 01 tnc uoard, renaDilitation is round vo fee necessary te restore tnc employee to suitaoic employment, a rcnaDintation supplier snail oe appointed pursuant te paragraph (i) er (3) of this subsection. {4} (b) A change in the designated rehabilitation supplier shall be made only with approval of the board. Any party to the case may request the board for a change in rehabilitation supplier. The request shall be in a form and manner prescribed by rule of the board and copies of the request shall be served on all parties and each involved rehabilitation supplier. Written objections to the request for a change in rehabilitation supplier may be filed with the board during the 15 day period following the date shown on the certificate of service and the board shall resolve such objections. \G) upon recjuest of 8n employee or sn employeF) tfte DOQPQ nrifty^ tft its &t ter giving notice tR writing of toe request to fill interested psrties find
te the request, erde* additional rehabilitation benefits in excess ef 36 weeks; and-, in such case, the expenses shall be borne fey the employer upon the same terms and conditions as provided in subsection {a) of this Code section.
{d) (c) The refusal of the employee without reasonable cause to accept rehabilitation shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless, in the opinion of the board, the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified.
{e} (d) Fees of rehabilitation suppliers and the reasonableness and necessity of their services shall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board. No rehabilitation supplier shall bill an employee for authorized rehabilitation services. The board may require recommendations from a panel of appropriate peers of the rehabilitation supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board may consider.
{f) (e) Failure of the employee's attorney to cooperate with the rehabilitation supplier may result in the suspension or reduction of the fees provided in Code Section 34-9-108 if, in the judgment of the board, the failure to cooperate hindered the restoration of the employee to suitable employment.
4g) (f) Any rehabilitation supplier shall hold one of the following certifications or licenses:
(1) Certified Rehabilitation Counselor (CRC); (2) Certified Insurance Rehabilitation Specialist (CIRS); (3) Certified Rehabilitation Registered Nurse (CRRN); (4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or (5) Licensed Professional Counselor (LPC) and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-9-21 against a rehabilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as determined

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and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter.
$*) (g) 'Catastrophic injury' means any injury which is or becomes one of the following:
(1) Spinal cord injury involving severe paralysis; (2) Multiple amputation Amputation involving an arm, a hand, a foot, or a leg; (3) Severe brain or closed head injury resulting in any two or more of the following:
(A) Language disturbances where the employee comprehends but cannot produce sufficient or appropriate language;
(B) Complex integrated cerebral function disturbances to the extent that the employee needs some supervision;
(C) Emotional disturbances which are present in the employee in a moderate to severe degree under ordinary stress;
(D) Consciousness disturbances of moderate alteration; (E) Episodic neurological disorders that moderately interfere with the employee's daily living; or (F) Sleep and arousal disorders which require some supervision of the employee to carry out daily activities; (4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands; or (5) Total Incorrectable total or industrial blindnessf or in both eyes. 4fr) Any other injury determined to fee catastrophic i nature by the board. fe the event an injured employee has a catastrophic injury, the employer er insurer shall appoint a registered rcnaoilitation supplier witnin 4o nours ot notification ot tnc injury. The rehabilitation supplier appointed to a catastrophic injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case."
Section 13. Said chapter is further amended by striking Code Section 34-9-201, relating to the selection of a physician from a panel of physicians, and inserting in its place a new Code Section 34-9-201 to read as follows:
"34-9-201. (a) As used in this Code section, the term 'physician' shall include any person licensed to practice a healing art and any remedial treatment and care in the State of Georgia.
(b) The employer shall maintain a list of at least four physicians or professional associations or corporations of physicians who are reasonably accessible to the employees. At least one of the physicians must practice the specialty of orthopedic surgery. Not more than two of the physicians on the panel shall be industrial clinics. The employer shall post this list, to be known as the 'panel of physicians,' in a prominent place or in prominent places upon the business premises and otherwise take all reasonable measures to ensure that employees:
(1) Understand the function of the panel and the employee's right to select a physician therefrom in case of injury; and
(2) Are given appropriate assistance in contacting panel members when necessary. (c) An employee may accept the services of a physician selected by the employer from the panel or may select another physician from the panel. If, due to an emergency or similarly justifiable reason, an inability to make a selection results, the selection requirements of this subsection shall not apply as long as such inability persists. The physician selected under this subsection may arrange for any consultation, referral, and extraordinary or other specialized medical services as the nature of the injury shall require. The employer shall not be responsible for the charges for medical services furnished or ordered by any physician or other person selected by the employee in disregard of this subsection. (d) Upon the request of an employee or an employer, the board may order a change of physician or treatment as provided under Code Section 34-9-200. The employee may make one change from one physician to another on the same panel without authorization of the board.

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1585

(e) If the employer fails to maintain the panel of physicians or to permit an employee to make a choice of a physician from the panel, an employee may select any physician to render service at the expense of the employer; provided, however, that a physician selected by the employee pursuant to this subsection shall be the authorized treating physician and the employee may not seek treatment at the expense of the employer from any other physician without permission from the employer or order of the board.
(f) If a claim under the provisions of this chapter is controverted by the employer but is later accepted or determined to be compensable, from the date the employee receives notice of acceptance or the date on which determination of compensability becomes final the employee must select a physician as provided in subsection (b) of this Code section in order for the charges of medical services to be paid by the employer.
(g) No health care provider may refer the employee to another health care provider, diagnostic facility, pain program, work-hardening program, therapy center, or other facility without first giving the employer an opportunity to select the other health care provider, diagnostic facility, pain program, work-hardening program, therapy center, or other facility. The employer must make such selection within five days' notice of the need for referral, otherwise the employer's right to select shall be waived. If referral is justified on the basis of an emergency, once the emergency has passed, no further treatment shall be authorized by the health care provider, diagnostic facility, pain program, work-hardening program, therapy center, or other facility which was not selected by the employer."
Section 14. Said chapter is further amended by striking Code Section 34-9-202, relating to the examination of an injured employee, in its entirety and inserting in its place a new Code Section 34-9-202 to read as follows:
"34-9-202. (a) After an injury and as long as he claims compensation, the employee, if so requested by his employer, shall submit himself to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer or the board.
(b) The employee shall have the right to have present at such examination any duly qualified physician or surgeon provided and paid by him. No fact communicated to or otherwise learned by any physician or surgeon who may have attended or examined the employee or who may have been present at any examination shall be privileged either in hearings provided for by this chapter or in any action at law brought to recover damages against any employer who may have accepted the compensation provisions of this chapter.
(c) If the employee refuses to submit himself to or in any way obstructs such examination requested by and provided for by the employer, his right to compensation and his right to take or prosecute any proceedings under this chapter shall be suspended until such refusal or objection ceases; and no compensation shall at any time be payable for the period of suspension unless in the opinion of the board the circumstances justify the refusal or obstruction.
(d) If an employee fails to appear at an appointment with the authorized treating physician, the employer may notify the employee by certified mail that compensation may be suspended if the employee fails to appear at the rescheduled appointment. If the employee fails to appear at the rescheduled appointment, the employer may suspend payments of weekly income benefits to the employee without order or award of the board until the employee appears at a subsequent rescheduled appointment.
{&) (e) The employer or the board shall have the right in any case of death to require an autopsy at the expense of the party requesting the same.
4e) (f) Notwithstanding the rights afforded an employee under Code Section 34-9-201, the employee, after an accepted compensable injury and within 60 days of receipt of any income benefits, shall have the right to one examination at a reasonable time and place, within this state or within 50 miles of the employee's residence, by a duly qualified physician or surgeon designated by the employee and to be paid for by the employer. Such examination, of which the employer or insurer shall be notified in

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writing in advance, shall not repeat any diagnostic procedures which have been performed since the date of the employee's injury unless the costs ef saeh diagnostic procc-
er the insurer and the cost of such examination shall not exceed $300.00. Such examination shall not be used to determine impairment ratings or the employee's ability to return to work."
Section 15. Said chapter is further amended by striking Code Section 34-9-204, relating to the payment of compensation for death or disability resulting from the employee's refusal to submit to or neglect to follow surgical treatment, in its entirety and inserting in its place a new Code Section 34-9-204 to read as follows:
"34-9-204. No compensation shall be payable for the death or disability of an employee if his death is caused by or, insofar as his disability, may be aggravated, caused, or continued by an unreasonable refusal to submit to surgery or a neglect to follow any reasonable surgical treatment by a competent surgeon. Payment of compensation shall be suspended during the period of time that an employee unreasonably refuses to submit to any treatment or follow any treatment plan recommended by a physician."

Section 16. Said chapter is further amended by adding immediately following Code Section 34-9-206, relating to reimbursement of a group insurance company for costs of medical treatment, a new Code section, to be designated Code Section 34-9-207, to read as follows:
"34-9-207. (a) When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, that employee shall be deemed to have waived any privilege or confidentiality concerning any communications related to the claim or history or treatment of injury arising from, the incident that employee has had with any physician, including, but not limited to, communications with psychiatrists or psychologists. Notwithstanding any other provision of law to the contrary, when requested by the employer any physician who has examined, treated, or tested the employee or consulted about the employee shall provide within a reasonable time and for a reasonable charge all information and records related to the examination, treatment, testing, or consultation concerning the employee.
(b) When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, the employee shall provide the employer with a signed release for medical records and information, including information related to the treatment for any mental condition or drug or alcohol abuse. If the employee refuses to provide a signed release for medical information as required by this subsection, any weekly income benefits being received by the employee shall be suspended and no hearing shall be scheduled at the request of the employee until such signed release is provided."
Section 17. Said chapter is further amended by striking subsection (b) of Code Section 34-9-241, relating to the effect of a subsequent injury on compensation, and inserting in its place a new subsection (b) to read as follows:
\o) it an cmploy6c received aft injury tor wfttcn income uenetits fire payaoie under Code Section 34 0-263 after has a preexisting bodily toss- or less of use as described under
oc entitled to income Denefits under Oodc section o4- y~it)o only IOP tne loss of loss of use as inereasod oy tne injury, l nis limitation ? nowever, snail not prevent tne einpioyee
which the employee is otherwise entitled under Code Section 34'0-263. When a preexisting physical condition, without regard to the cause of such condition, is accelerated or aggravated by an accident arising out of and in the course of employment, the employee's weekly income benefits under Code Section 34-9-261, 34-9-262, or 34-9-263 shall be reduced by a percentage, not to exceed 25 percent, determined by the relation of the preexisting condition to the condition resulting from the injury."

WEDNESDAY, FEBRUARY 26, 1992

1587

Section 18. Said chapter is further amended by striking Code Section 34-9-243, relating to the effect of compensation payments made when not due, in its entirety, and inserting in its place a new Code Section 34-9-243 to read as follows:
"34-9-243. (a) The payment by the employer or the employer's workers' compensation insurance carrier to the employee or to any dependent of the employee of any benefit when not due or of salary or wages during the employee's disability shall be credited against any payments of weekly benefits due; provided, however, that such credit shall not exceed the aggregate amount of weekly benefits due under this chapter.
(b) Except as otherwise provided in this Code section, the employer's obligation to pay or cause to be paid weekly benefits under Code Section 34-9-261 or 34-9-262 shall be reduced by the following amounts:
(1) The employer funded portion of payments received or being received by the employee pursuant to a disability plan, a wage continuation plan, or from a disability insurance policy established or maintained by the same employer for whom benefits under Code Section 34-9-261 or 34-9-262 are claimed if the employee did contribute directly to such a plan or policy. The employer funded portion shall be based upon the ratio of the employer's contributions to the total contributions to such plan or policy;
(2) The amount of the pension or retirement payments received or being received pursuant to a plan or program established or maintained by the same employer for whom benefits under Code Section 34-9-261 or 34-9-262 are claimed if the employee did not contribute directly to the pension or retirement plan or program;
(3) The employer funded portion of pension or retirement payments received or being received by the employee pursuant to a plan or program established or maintained by the same employer for whom benefits under Code Section 34-9-261 or 34-9-262 are claimed if the employee did contribute directly to the pension or retirement plan or program. The employer funded portion shall be based upon the ratio of the employer's contributions to the total contributions to the plan or program;
(4) The employer funded portion of a qualified profit-sharing plan under Section 401(k) of the federal Internal Revenue Code or any successor to Section 401(k) of the federal Internal Revenue Code covering a profit-sharing plan which provides for the payment of benefits only upon retirement, disability, death, or other separation of employment to the extent the benefits are vested under the plan. The employer funded portion of the benefits vested under the plan shall be based upon the ratio of the employer's contributions to the total contributions made to the plan. Once the employer funded portion of the plan is established, this sum shall be offset and credited against benefits provided under Code Section 34-9-261 or 34-9-262, provided the plan was funded in part by the same employer from whom such benefits are claimed; and
(5) The full amount of any unemployment benefits the employee has received or
is receiving during any period in which benefits under Code Section 34-9-261 or Code Section 34-9-262 are claimed; however, the employer shall place the employment secu-
rity agency on notice of the employee's workers' compensation claim, and, in the event it is determined that the employee received an overpayment of benefits under the
Employment Security Act, then the employment security agency may seek reimbursement directly from the employer to the extent of the credit taken by the employer
under this subsection. (c) The credit or reduction of benefits provided in subsection (b) of this Code section
shall only be made for those amounts which the employee te entitled to, has received, or is receiving during any period in which benefits under Code Section 34-9-261 or
34-9-262 are claimed. (d) The State Board of Workers' Compensation shall promulgate rules for establish-
ing proof of the existence of other benefits. The employer, its insurance carrier, and the employee shall freely release information to each other and the State Board of Workers'
Compensation that is material and relevant to the existence of benefits which may be
coordinated with entitlements and obligations under this chapter.

1588

JOURNAL OF THE HOUSE,

(e) The employer or insurance carrier taking a credit or making a reduction as provided in this Code section shall immediately report to the State Board of Workers' Compensation the amount of any credit or reduction and, as requested by the board, furnish to the board satisfactory proof of the basis for a credit or reduction.
(f) Nothing in this Code section shall be construed to compel an employee to apply for early social security retirement benefits or to apply for early or reduced pension or retirement benefits.
(g) Subsection (b) of this Code section shall not apply to payments made to an employee under Code Section 34-9-263 for any permanent partial or total disability."
Section 19. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, in its entirety and inserting in its place a new Code Section 34-9-261 to read as follows:
"34-9-261. (a) Except as provided in subsection (b) of this Code section, while the disability to work resulting from an injury is temporarily total the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $176.00 $250.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shajl be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as defined by this chapter.
thriy i~, 1990, the maximum weekly benefit shall be $226.00. (b) In the event of a catastrophic injury, as defined in subsection (g) of Code Section
34-9-200.1, the weekly benefit shall equal two-thirds of the employee's average weekly wage, but no more than $450.00 per week or less than $25.00 per week."
Section 20. Said chapter is further amended by striking subsection (a) of Code Section 34-9-263, relating to compensation for permanent partial disability, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) As used in this chapter, 'permanent partial disability' means disability partial in character but permanent in quality resulting from impairment, lossz or loss of use of body members or from the partial impairment or loss of use of the employee's body. A licensed physician shall determine a permanent impairment rating or loss of use as required by this chapter; provided, however, the percentage of permanent impairment or loss of use shall not be calculated on pain without anatomical or physiological confirmation based upon objective findings."
Section 21. Said chapter is further amended by striking subsection (d) of Code Section 34-9-265, relating to payment of compensation for death resulting from injury, in its entirety and inserting in its place a new subsection (d) to read as follows:
"(d) The total compensation payable under this Code section to a surviving spouse as a sole dependent at the time of death and where there is no other dependent for one year or less after the death of the employee shall in no case exceed $66,000.00 $100,000.00."
Section 22. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Coleman of the 118th and Skipper of the 116th move to amend the Floor substitute to HB 1679 as follows:
By adding after Section 21 on page 32 line 14 another section which reads as follows:

WEDNESDAY, FEBRUARY 26, 1992

1589

Section 22. Any company who sells or offers for sale Workers Compensation Insurance in this State shall file with the Insurance Commissioner no later than Jan 1, 1993 a rate reduction of not less than 20/c below their rate structure effective on the date this Act is effective.
By renumbering Section 22 to Section 23.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Ahernathy N Adams N Aiken Y Alfurd N Ashe N Atkins N Baker
Balkcum N Barfoot N Bargeron
N Barnett.B N Barnett.M N Bates N Beatty
Benefield N Birdsong Y Blitch Y Bordeaux Y Bostick
Branch N Breedlove
Y Brooks Y Brown N Brush
Y Buck Y Buckner N Byrd
Y Campbell Canty
N Carrell Y Carter N Cauthorn N Chafin N Chambless N Cheeks Y Childers

Y Clark.E N Clark.L
N Coker Y Coleman Y Colwell N Connell
N Culbreth Cummings.B
N Cummings,M N Davis.D N Davis.G N Davis.M Y Dixon.H N Dixon.S Y Dobbs Y Dover Y Dunn N Edwards N Elliott
Felton Y Fennel N Floyd.J.M N Floyd.J.W Y Flynt N Godbee
N Golden N Goodwin E Green Y Greene N Griffin N Groover
Y Hamilton N Hammond Y Hanner Y Harris.B N Harris.J

N Heard Y Henson Y Herbert Y Holland Y Holmes
Y Howard Y Hudson Y Irwin N Jackson Y Jamieson Y Jenkins N Jones Y Kilgore N King Y Kingston Y Klein N Ladd N Lane.D Y Lane.R N Langford N Lawrence N Lawson N Lee N Long
Lord
Lucas N Mann Y Martin Y McBee N McCoy Y McKelvey N McKinney.B Y McKinney.C N Meadows Y Merritt N Milam

N Mills N Mobley N Moody
N Morsberger N Moultrie
N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock N Padgett Y Parham Y Parrish N Patten
Pelote N Perry N Pettit N Pinholster Y Pinkston N Poag N Porter Y Poston N Powell.A N Powell.C N Presley N Purcell Y Randall NRay Y Reaves N Redding N Ricketson Y Royal Y Selman N Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L N Smith.P N Smith.T Y Smith.W
N Smyre N Snow Y Stancil.F N Stancil.S Y Stanley N Streat N Taylor Y Teper Y Thomas.C Y Thomas,M N Thomas.N
Thurmond Y Titus N Tolbert N Townsend N Turnquest Y Twiggs Y Valenti
N Vaughan Y Walker.J N Walker.L Y Wall
N Watson Y Watts N White N Wilder N Williams.B
Williams.J N Williams.R
Yeargin Murphy,Spkr

On the adoption of the amendment, the ayes were 70, nays 96. The amendment was lost.

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.

The following amendment was read:
Representatives Kingston of the 125th, Edwards of the 112th and Adams of the 79th move to amend the Floor substitute to HB 1679 by striking lines 28 through 32 of page 2 and lines 1 through 4 of page 3 and inserting in lieu thereof the following:
"duties, unless it is shown by a preponderance ef".

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

Y Abernathy Y Adams N Aiken

N Alford Y Ashe N Atkins

N Baker Balkcom
N Barfoot

N Bargeron N Barnett.B N Barnett.M

N Bates Y Beatty
Benefield

1590

JOURNAL OF THE HOUSE,

N Birdsong N Blitch Y Bordeaux N Bostick
Branch N Breedlove Y Brooks Y Brown N Brush N Buck N Buckner N Byrd Y Campbell
Canty N Carrell N Carter N Cauthom N Chafin N Chambless N Cheeks Y Childers Y Clark.E N Clark.L N Coker Y C{)leman N Colwell N Connell N Culbreth Y Cummings.B Y Oummings.M N Davis.l) N Davis.G Y Davis.M

Dixon.H Dixon.S N Dobbs N Dover Y Dunn Y" Edwards Y Elliott Y Felton N Fennel N Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden
Y Goodwin E Green N Greene N Griffin N Groover Y Hamilton Y Hammond Y Hanner N Harris.B N HarrisJ Y Heard Y Henson N Herbert Y Holland Y Holmes N Howard N Hudson Y Irwin N Jackson

N Jamieson
N Jenkins
N Jones N Kilgore N King
Y Kingston
Y Klein YLadd N Lane.D N Lane.R N Langford
Y Lawrence
N Lawson NLee N Long
N Lord
Lucas
N Mann
Y Martin N McBee N McCoy Y McKelvey
McKinney.B Y McKinney.C N Meadows
Y Merritt
N Milam Y Mills N Mobley
N Moody
Y Morsberger
Y Moultrie
Y Mueller

N Oliver.C
N Oliver, M
YOrr
Y Orrock N Padgett N Parham
N Parrish N Patten
Pelote N Perry N Pettit N Pinholster
Y Pinkston
N Poag
N Porter
Y Poston
N Powell.A N Powell.C N Presley N Purcell
Y Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman
Y Sherrill
Y Simpson Y Sinkfield N Skipper
N Smith.L
N Smith.P

On the adoption of the amendment, the ayes were 55, nays 109. The amendment was lost.

N Smith.T Smith.W
N Smyre N Snow N Stancil.F ' N Stancil,S
Stanley N Streat N Tavlor
N Teper N Thomas.C N Thomas, M N Thomas.N N Thurmond Y Titus Y Tolbert Y Townsend N Turnquest N Twiggs Y Valenti N Vaughan N Walker.J N Walker.L Y Wall
N Watson N Watts Y White Y Wilder N Williams.B
Williams.J N Williams.R
Yeargin
Murphy,Spkr

The following amendment was read:

Representative Kingston of the 125th moves to amend the Floor substitute to HB 1679 by striking lines 7 and 8 of page 21 and inserting in lieu thereof the following:
'"34-9-201. (a) As used in this Code section chapter, the term "physician" or "licensed physician" shall include any person licensed to".

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

Y Ahernathy
N Adams N Aiken N Allord Y Ashe N Atkins N Baker
Balkcom N Barfoot N Bargeron N Barnett.B N Barnett,M
N Bates Y Beattv
Benefield N Birdsong N Blitch N Bordeaux Y Bostick
Branch
N Breedlove Y Brooks
Brown

N Brush
NBuck
N Buckner
NByrd N Campbell
Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks
N Childers
Y Clark.E
Clark.L
N Coker Y Coleman N Colwell
N Connell
N Culbreth
Y Cummings.B
Y Cummings.M
N Davis.D

N Davis.G
Y Davis.M Y Dixon.H
Dixon.S N Dobbs
Y Dover
Y Dunn
Y Edwards Y Elliott N Felton
Fennel N Floyd.J.M N Floyd.J.W
N Flynt N Godbee N Golden
Y Goodwin E Green Y Greene N Griffin Y Groover
Y Hamilton Y Hammond

Y Hanner
N Harris.B N Harris.J Y Heard N Henson
N Herbert
Y Holland
Y Holmes
Y Howard
N Hudson
Y Irwin
N Jackson
Y Jamieson
Y Jenkins Y Jones N Kilgore
N King
Y Kingston Y Klein YLadd N Lane.D N Lane.R Y Langford

Y Lawrence N Lawson N Lee N Long N Lord
Lucas N Mann Y Martin N McBee N McCoy N McKelvey Y McKinney,B N McKinney.C N Meadows Y Merritt N Milam N Mills N Mobley N Moody Y Morsberger N Moultrie Y Mueller N 01iver,C

WEDNESDAY, FEBRUARY 26, 1992

1591

N Oliver.M N Orr Y Orrock Y Padgett
Y Parham Y Parrish N Patten
Pelote
N Perrv N Pettit
N Pinholster
Y Pinkston
N Poag

N Porter Y Poston N Powell.A N Powell.C N Presley N Purcell Y* Randall NRay N Reaves
N Redding Y Ricketson N Royal N Selman

N Sherrill N Simpson Y Sinkfield Y Skipper N Smith.L N Smith.P N Smith.T Y Smith.W N Smyre N Snow N Stancil.F Y Stancil.S
Stanley

Y Streat N Taylor Y Teper N Thomas.C N Thomas.M N Thomas.N
N Thurmond
Y Titus Y Tolbert N Townsend N Turnquest N Twiggs N Valenti

On the adoption of the amendment, the ayes were 59, nays 105. The amendment was lost.

N Vaughan Y Walker.J Y Walker.L Y Wall N Watson N Watts
White
Y Wilder
N Williams.B
Williams.J
N Williams.R
Yeargin
Murphy.Spkr

The following amendment was read:

Representative Childers of the 15th moves to amend the Floor substitute to HB 1679 as follows:
By striking all the language beginning with the number (1) on page 28 line 3 through the word "and" on line 15 page 29.

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

Y Abernathy
N Adams N Aiken N Alford N Ashe N Atkins N Baker
Balkcom
N Barfoot
N Bargeron
N Barnett.B
N Barnett.M N Bates N Beatty
Benefield N Birdsong Y Blitch Y Bordeaux N Bostick
Branch
N Breedlove
Y Brooks
N Brown
N Brush N Buck Y Buckner N Byrd Y Campbell
Canty
N Carrell
N Carter
Y Cauthorn
N Chafin N Chambless N Cheeks Y Childers

Y Clark.E N Clark.L N Coker N Coleman N Colwell
N Connell
N Culbreth
Y Cummings,B *' Y Cummings,M N Davis.D Y Davis.G N Davis.M Y Dixon.H
Dixon,S N Dobbs N Dover Y Dunn Y Edwards N Elliott
Felton N Fennel N Floyd,J.M N Floyd.J.W
Y Flynt
N Godbee N Golden
Y Goodwin
E Green Y Greene N Griffin N Groover Y Hamilton Y Hammond
Manner
N Harris.B
Y Harris.J

N Heard Y Henson
Y Herbert
Y Holland Y Holmes N Howard N Hudson
Y Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King N Kingston Y Klein N Ladd
N Lane.D N Lane.R
N Langford
N Lawrence
N Lawson N Lee N Long N Lord
Lucas
N Mann
Y Martin
Y McBee N McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt N Milam

Y Mills N Mobley N Moody N Morsberger Y Moultrie N Mueller
N Oliver.C
Y Oliver.M
YOrr Y Orrock Y Padgett N Parham N Parrish N Patten
Pelote
N Perry N Pettit N Pinholster Y Pinkston NPoag N Porter Y Poston N Powell.A N Powell.C N Presley N Purcell Y Randall NRay N Reaves Y Redding N Ricketson N Royal
N Selman
N Sherrill
Y Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 57, nays 109. The amendment was lost.

Y Skipper Y Smith.L N Smith.P N Smith.T
N Smith.W Y Smyre N Snow N Stancil.F N Stancil.S
Stanley
N Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus
N Tolbert N Townsend
Y Turnquest
N Twiggs Y Valenti N Vaughan N Walker.J N Walker.L Y Wall
N Watson N Watts
White
N Wilder N Williams.B
Williams.J
N Williams.R
N Yeargin
Murphy .Spkr

1592

JOURNAL OF THE HOUSE,

The following amendment was read:

Representative Childers of the 15th moves to amend the Floor substitute to HB 1679 as follows:
By striking the language on page 31 line 5 beginning with the word "provided" and striking the remaining language through the word "chapter" on line 10 page 31.

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

Y Abernathy N Adams N Aiken Y Alford N Ashe N Atkins Y Baker
Balkcom N Barfimt N Bargeron N Barnett.B N Barnett.M N Bates N Beattv
Benefield N Birdsong N Blitch Y Bordeaux N Bostick
Branch N Breedlove Y Brooks N Brown N Brush N Buck Y Buckner N Byrd
Campbell Canty N Carreli N Carter Y Cauthorn N Chafin N Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L N Coker N Coleman N Colwell N Connell N Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G N Davis.M N Dixon.H
Dixon.S N Dobbs Y Dover N Dunn N Edwards N Elliott N Felton N Fennel N Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin E Green Y Greene N Griffin N Groover Y Hamilton Y Hammond N Hanner N Harris.B N Harris.J

N Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King N Kingston Y Klein N Ladd N Lane.D N Lane.R N Langford N Lawrence N Lawson NLee N Long N Lord
Lucas N Mann Y Martin Y McBee N McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt N Milam

Y Mills N Mobley N Moody N Morsberger Y Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham N Parrish N Patten
Pelote N Perry N Pettit N Pinholster N Pinkston N Poag N Porter Y Poston N Powell.A N Powell.C N Presley N Purcell Y Randall N-Ray N Reaves Y Redding N Ricketson N Royal N Selman N Sherrill N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 55, nays 109. The amendment was lost.

N Skipper Y Smith.L N Smith.P Y Smith.T N Smith,W
Smyre N Snow N Stancil.F N Stancil.S
Stanley N Streat N Taylor Y Teper
Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert N Townsend Y Turnquest N Twiggs Y Valenti N Vaughan N Walker.J N Walker.L Y Wall N Watson N Watts Y White N Wilder N Williams.B
Williams.J N Williams.R
Yeargin Murphy.Spkr

The following amendment was read:

Representative Orr of the 9th moves to amend the Floor substitute to HB 1679 as follows:
1. By striking line 1 on page 7 in its entirety, and substituting in lieu thereof the following:
"(d) If, within a reasonable period of time after an employment injury such as to reasonably relate the scientific test to the injury in question, an employee".

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

WEDNESDAY, FEBRUARY 26, 1992

1593

Y Abernathy N Adams N Aiken N Alford N Ashe N Atkins
Baker Balkcom
N Barfoot N Bargeron N Barnett.B
N Barnett.M N Bates
N Beattv Benefield
N Birdsong N Blitch Y Bordeaux N Bostick
Branch N Breedlove
Y Brooks N Brown
Brush N Buck Y Buckner N Byrd Y Campbell
Canty N Carrell
N Carter Y Cauthorn N Chafin N Chambless N Cheeks N Childers

Y Clark.E Y Clark.L N Coker N Coleman N Colwell N Connell N Culbreth
N Cummings.B Y Cummings.M N Davis.D Y Davis.G N Davis.M Y Dixon.H
Dixon.S N Dobbs N Dover
N Dunn N Edwards N Ellicitt N Felton N Fennel N Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin N Groover
Y Hamilton Y Hammond N Hanner N Harris.B
N Harris.J

Y Heard Y Henson N Herbert Y Holland Y Holmes N Howard N Hudson Y Irwin N Jackson N Jamieson
N Jenkins N Jones N Kilgore
King N Kingston Y Klein N Ladd N Lane.D
N Lane.R N Langford N Lawrence
N Lawson N Lee N Long N Lord
Lucas N Mann Y Martin Y McBee N McCoy N McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt N Milam

N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M YOrr Y Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perrv N Pettit N Pinholster N Pinkston N Poag N Porter Y Poston N Powell.A N Powell.C N Presley N Purcell Y Randall N Ray N Reaves Y Redding N Ricketson N Royal N Selman Y Sherrill Y Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 46, nays 117. The amendment was lost.

Y Skipper Y Smith.L NN SSmmiitthh,,'!!''
N Smith.W Smyre
N Snow N Stancil.F N Standl.S Y Stanley N Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Thomas.N Y Thurmond N Titus N Tolbert Y Townsend N Turnquest N Twiggs Y Valenti Y Vaughan N Walker,J N Walker.L Y Wall N Watson N Watts Y White N Wilder N Williams.B Williams.J N Williams.R Yeargin Murphy,Spkr

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

The following amendment was read and adopted:

Representative Holland of the 136th moves to amend the Floor substitute to HB 1679 as follows:
On page 19 line 33 after the word "paralysis" and before the ";" insert:
of an arm, a leg, or the trunk, or resulting in total disability.

The following amendment was read and adopted:

Representative Henson of the 57th moves to amend the Floor substitute to HB 1679 by adding on line 3 of page 1 after the word "as" and before the word "to" the following:
"to provide that a workers' compensation insurer shall not be authorized to settle a claim on behalf of an insured employer without giving prior notice to such employer;".
By adding between lines 9 and 10 of page 4 a new Section 1.1 to read as follows:
"Section 1.1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-15, relating to the procedure for settlement between parties generally, and inserting in its place a new Code Section 34-9-15 to read as follows:

1594

JOURNAL OF THE HOUSE,

'34-9-15. Nothing contained in this chapter shall be construed so as to prevent settlements made by and between the employee and employer but rather to encourage them, so long as the amount of compensation and the time and manner of payment are in accordance with this chapter. A workers' compensation insurer shall not be authorized to settle a claim on behalf of its insured employer without giving prior notice to such employer of the terms of the settlement agreement. A copy of any such settlement agreement shall be filed by the employer with the board, and no such settlement shall be binding until approved by the board. Whenever it shall appear to the board, by stipulation of the parties or otherwise, that there is a bona fide dispute as to facts, the determination of which will materially affect the right of the employee or dependent to recover compensation or the amount of compensation to be recovered, or that there is a genuine dispute as to the applicability of this chapter, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts or to the questions as to the applicability of this chapter, then, upon such determination, the board shall approve the settlement and enter an award conforming to the terms thereof even though such settlement may provide for the payment of compensation in a sum or sums less than would be payable if there were no conflict as to the employee's right to recover compensation. When such settlement has been agreed upon and approved by the board, it shall constitute a complete and final disposition of all claims on account of the incident, injury, or injuries referred to therein, and the board shall not be authorized to enter upon any award subsequent to such board approval amending, modifying, or changing in any manner the settlement, nor shall the settlement be subject to review by the board under Code Section 34-9-104.'"

The following amendment was read and adopted:

Representative Coleman of the 118th, ot al. move to amend the Floor substitute to HB 1679 as follows:
Strike in its entirety Section 9 beginning on line 21 of page 10 through line 2 of page 12 and renumber accordingly.
Strike on line 11 through line 12 of page 1 the following: "to revise provisions relative to mail order pharmacies;".
The following amendment was read:

Representatives Cummings of the 134th and Bordeaux of the 122nd move to amend the Floor substitute to HB 1679 by adding on line 11 of page 1 after the word "fees" and before the semicolon the following:
", the approval of attorney's fees, and expenses of litigation".
By striking lines 18 through 33 of page 9 and lines 1 through 20 of page 10 and inserting in lieu thereof the following:
"Section 8. Said chapter is further amended by striking Code Section 34-9-108, relating to the approval of attorney's fees by the State Board of Workers' Compensation, in its entirety and inserting in its place a new Code Section 34-9-108 to read as follows:

more than $100.00 shall be subject te the approval of th board, and ne attorney shall iBe entitled to collect flny tee or ^pstuit-y tft excess of $iUir.vU witiiout trie flpprovsi of the board. All expenses of litigation and attorney's fees charged by any attorney in any representation under the provisions of this title while representing any employee,

WEDNESDAY, FEBRUARY 26, 1992

1595

employer, insurance company, or self-insurer shall be disclosed to the board and all

interested parties in a manner provided by the board. Such attorney's fees and

expenses of litigation must be approved by the board prior to any payment of such

attorney's fees or expenses of litigation. In order to be approved by the board, such

attorney's fees and expenses of litigation must be reasonable and must bear a rational

relationship to the value of any contested issue for which the attorney was retained

or to the complexities of the services provided by the attorney. The board shall

approve no fee of an attorney for services to a claimant in excess of 25 percent of the

claimant's award of weekly benefits or settlement;

however, if the claimant

suffered a catastrophic injury, as defined in Code Section 34-9-200.1, and the award

was based upon a weekly benefit amount in excess of the maximum weekly benefit

provided for noncatastrophic injuries, attorney's fees shall be computed as if the

claimant received a weekly benefit amount equal to the maximum weekly benefit pro-

vided for noncatastrophic injuries.

(b) (1) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may assess the adverse attorney's fee against the offending party.

(2) If any provision of Code Section 34-9-221, without reasonable grounds, is not complied with and a claimant engages the services of an attorney to enforce his rights under that Code section and the claimant prevails, the reasonable fee of the attorney, as determined by the board, and the costs of the proceedings may be assessed against the employer.

(3) Any assessment of attorney's fees made under this subsection shall be in addition to the compensation ordered.'"

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

Abernathy N Adams N Aiken N Alford N Ashe N Atkins N Baker
Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M
N Bates N Beatty
Benefield N Birdsong N Blitch Y Bordeaux Y Bostick
Branch N Breedlove Y Brooks Y Brown N Brush N Buck N Buckner N Byrd
Campbell
Canty N Carrell N Carter
Y Cauthorn N Chafin N Chambless N Cheeks N Childers

N Clark.E N Clark.L N Coker
N Coleman N Colwell N Connell N Culbreth N Cummings.B Y Cummings.M N Davis.D Y Davis.G N Davis.M Y Dixon.H
Dixon.S N Dobbs N Dover
N Dunn N Edwards N Elliott N Felton Y Fennel N Floyd.J.M N Floyd.J.W
Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin N Groover
Y Hamilton Y Hammond N Hanner N Harris.B N Harris.J

N Heard Y Henson N Herbert Y Holland
Y Holmes Y Howard N Hudson Y Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King N Kingston N Klein
NLadd N Lane.D
N Lane.R N Langford N Lawrence N Lawson N Lee N Long N Lord Y Lucas N Mann Y Martin N McBee N McCoy N McKelvey Y McKinney.B Y McKinney.C
N Meadows N Merritt
N Milam

N Mills
N Mobley N Moody N Morsberger Y Moultrie N Mueller N Oliver.C
Oliver.M Y Orr Y Orrock N Padgett N Parham N Parrish
N Patten Pelote
N Perry N Pettit N Pinholster Y Pinkston N Poag N Porter Y Poston N Powell.A N Powell.C N Presley N Purcell
Y Randall N Ray N Reaves Y Redding N Ricketson N Royal N Selman N Sherrill Y Simpson Y Sinkfield

N Skipper N Smith,L N Smith.P N Smith ,T N Smith.W N Smyre N Snow
N Stancil.F N Stancil.S Y Stanley N Streat N Taylor Y Teper Y Thomas.C Y Thomas,M N Thomas.N N Thurmond N Titus N Tolbert
Townsend
Y Turnquest N Twiggs
Valenti N Vaughan
N Walker.J N Walker.L Y Wall N Watson N Watts Y White N Wilder N Williams.B
Williams.J N Williams.R N Yeargin
Murphy,Spkr

1596

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 37, nays 128. The amendment was lost.

The following amendment was read:

Representatives Irwin of the 57th and Langford of the 7th move to amend the Floor substitute to HB 1679 as follows:
By adding a new subsection (b), page 10, line 4 as follows and changing (b) (1), (2) to (c) (1), 2.
"(c) All expenses of litigation and attorney's fees charged by any attorney in any representation under the provisions of this title while representing any employer, insurance company, or self-insurer shall be disclosed to the board and all parties in a manner provided by the board. Such attorney's fees and expenses of litigation must be approved by the board prior to any payment of such attorney's fees or expenses of litigation. In order to be approved by the board, such attorney's fees and expenses of litigation must be reasonable and must bear a rational relationship to the value of any contested issue for which the attorney was retained or to the complexities of the services provided by the attorney."

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

Y Abernathy Y Adams N Aiken Y Alford N Ashe N Atkins N Baker
Balkcom N Barfoot N Bargeron Y Barnett.B N Barnett.M N Bates N Beatty
Benefield N Birdsong Y Blitch Y Bordeaux Y Bostick
Branch N Breedlove Y Brooks Y Brown N Brush
N Buck Y Buckner N Byrd
Campbell Canty N Carrell N Carter Y Cauthorn N Chafin N Chambless Y Cheeks Y Childers

N Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B Y Cummings,M N Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S N Dobbs Y Dover N Dunn N Edwards N Elliott N Felton Y Fennel
N Floyd,J.M N Floyd,J.W Y Flynt
N Godbee N Golden Y Goodwin E Green Y Greene N Griffin
N Groover Y Hamilton Y Hammond N Manner N Harris.B N Harris.J

N Heard Y Henson N Herbert Y Holland Y Holmes
Howard N Hudson Y Irwin
N Jackson Jamieson
Y Jenkins N Jones N Kilgore N King N Kingston N Klein
NLadd N Lane.D N Lane.R Y Langford N Lawrence N Lawson
NLee N Long YLord Y Lucas N Mann Y Martin Y McBee
N McCoy Y McKelvey Y McKinney.B N McKinney.C
N Meadows Y Merritt N Milam

N Mills
N Mobley N Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett N Parham N Parrish N Patten
Pelote Y Perry N Pettit N Pinholster Y Pinkston NPoag N Porter Y Poston N Powell.A N Powell.C N Presley N Purcell Y Randall N Ray N Reaves Y Redding N Ricketson N Royal N Selman Y Sherrill Y Simpson
Sinkfield

On the adoption of the amendment, the ayes were 67, nays 98. The amendment was lost.

The following amendment was read:

Y Skipper Y Smith.L N Smith.P N Smith.T N Smith.W N Smyre N Snow Y Stancil.F N Stancil.S Y Stanley N Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
N Townsend Y Turnquest N Twiggs Y Valenti
N Vaughan N Walker.J N Walker.L Y Wall
N Watson N Watts
White Y Wilder
N Williams.B Williams.J
N Williams.R Yeargin Murphy,Spkr

WEDNESDAY, FEBRUARY 26, 1992

1597

Representatives Irwin of the 57th and Langford of the 7th move to amend the Floor substitute to HB 1679 as follows:
By adding before the Repealer Section a new section to be appropriately numbered to read as follows:
(a) Each insurer shall file its proposed forms, manuals, underwriting rules, rates, and rating plans for coverages under workers' compensation insurance policies to be issued, issued for delivery, delivered, or renewed on or after July 1, 1992, with the Commissioner of Insurance for such examination and approval as is required by law. Rates and rating plans for workers' compensation insurance coverages filed pursuant to this subsection shall reflect a reduction of the rates or rating plans for such coverages on file with the Commissioner as of January 28, 1991, of not less than 30 percent, as compared to rates in effect for coverages on July 1, 1992, the Commissioner shall reduce by 30 percent or such higher amount as he determines appropriate, after notice and hearing as required by law any rate or rating plan for such coverages under workers' compensation insurance policies for which no filing has been received.

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

Y Abernathy N Adams N Aiken Y Alford N Ashe
N Atkins N Baker
Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M
N Bates N Beatty
Benefield N Birdsong Y Blitch Y Bordeaux Y Bostick
Branch N Breedlove Y Brooks Y Brown N Brush NBuck N Buckner NByrd N Campbell
Canty N Carrell Y Carter N Cauthorn N Chafin N Chambless Y Cheeks Y Childers

N Clark.E N Clark.L N Coker N Coleman N Colwell
Connell N Culbreth N Cummings.B Y Cummings.M N Davis.D Y Davis.G N Davis.M Y Dixon.H
Dixon.S N Dobbs Y Dover N Dunn N Edwards N Elliott N Felton Y Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin N Groover N Hamilton N Hammond
N Manner N Harris.B N Harris.J

N Heard Y Henson N Herbert Y Holland Y Holmes
Howard N Hudson Y Irwin N Jackson Y Jamieson Y Jenkins N Jones N Kilgore NKing Y Kingston Y Klein NLadd N Lane.D N Lane.R Y Langford N Lawrence N Lawson NLee N Long N Lord Y Lucas N Mann Y Martin N McBee N McCoy N McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt N Milam

N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Parham
N Parrish N Patten
Pelote N Perry N Pettit
N Pinholster Pinkston
NPoag N Porter
Y Poston N Powell,A
N Powell.C N Presley N Purcell
Y Randall NRay N Reaves
Y Redding N Ricketson Y Royal N Selman N Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L N Smith.P N Smith.T N Smith.W
Smyre N Snow
N Stancil.F N Stancil.S Y Stanley
Streat N Taylor Y Teper Y Thomas.C Y Thomas.M N Thomas.N Y Thurmond Y Titus N Tolbert N Townsend Y Turnquest
N Twiggs Y Valenti N Vaughan N Walker ,J N Walker.L Y Wall N Watson N Watts
White N Wilder N Williams.B
Williams,J N Williams.R
Yeargin Murphy ,Spkr

On the adoption of the amendment, the ayes were 50, nays 112. The amendment was lost.

The following amendment was read and adopted:
Representative Campbell of the 23rd moves to amend the Floor substitute to HB 1679 as follows:
By adding to line 20, page 26, after the word abuse, the following:

1598

JOURNAL OF THE HOUSE,

"This release shall provide the name of the provider, and that the release shall expire after the date of the hearing."

The following amendment was read:

Representative Bordeaux of the 122nd moves to amend the Floor substitute to HB 1679 by adding on line 23 of page 1 after the word and symbol "information;" and before the word "to" the following:
"to provide that income benefits shall be considered paid when due when received by the employee;".
By adding between lines 25 and 26 of page 26 a new Section 16.1 to read as follows:
"Section 16.1. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-9-221, relating to procedure for payment and controverting the right to compensation, delinquency, and enforcement, and inserting in its place a new subsection (b) to read as follows:
'(b) The first payment of income benefits shall become due on the twenty-first day after the employer has knowledge of the injury or death, on which day all income benefits then due shall be paid. Thereafter, income benefits shall be due and payable in weekly installments; provided, however, that the board may, in its discretion, authorize payments to be made in different installments if it determines that this would be beneficial to all parties concerned. Such weekly payments shall be considered to be paid when due when mailed te the address specified by th employee or te th aerekess ef record according te the board when received by the employee.'"

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

N Abernathy N Adams N Aiken N Alford N Ashe N Atkins N Baker
Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M
N Bates N Beatty
Benelield Birdsong Y Blitch Y Bordeaux N Bostick Branch N Breedlove Y Brooks Y Brown N Brush N Buck
N Buckner N Byrd Y Campbell
Canty N Carrell N Carter Y Cauthorn Y Chafin N Chamhless N Cheeks Y Childers

N Clark.K N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B
Cummings.M
Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton N Fennel N Floyd.J.M N FloydJ.W
Y Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin N Groover Y Hamilton Y Hammond N Manner N Harris.B N Harris.J

N Heard Y Henson N Herbert N Holland Y Holmes
Howard N Hudson Y Irwin N Jackson N Jamieson N Jenkins
Jones N Kilgore
NKing N Kingston N Klein N Ladd N Lane.D N Lane.R N Langford N Lawrence N Lawson N Lee N Long N Lord
Lucas N Mann Y Martin
N McBee N McCoy N McKelvey Y McKinney.B
Y McKinney.C N Meadows Y Merritt N Milam

N Mills N Mobley N Moody N Morsberger Y Moultrie N Mueller
N Oliver.C N Oliver.M N Orr Y Orrock
N Padgett N Parham N Parrish
N Patten Pelote
N Perry N Pettit N Pinholster
Pinkston N Poag N Porter Y Poston N Powell.A N Powell.C
N Presley N Purcell
Randall
N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill Y Simpson
Sinkfield

Y Skipper N Smith,L N Smith.P N Smith.T N Smith.W
N Smyre N Snow
N Stancil.F N Stancil.S Y Stanley N Streat N Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond N Titus N Tolbert N Townsend
Turnquest N Twiggs Y Valenti
N Vaughan N Walker.J
N Walker.L Y Wall N Watson N Watts Y White N Wilder N Williams.B
Williams,.! N Williams.R N Yeargin
Murphy ,Spkr

WEDNESDAY, FEBRUARY 26, 1992

1599

On the adoption of the amendment, the ayes were 36, nays 124. The amendment was lost.

The following amendment was read:

Representative Bordeaux of the 122nd moves to amend the Floor substitute to HB 1679 by adding on line 15 of page 1 after the word and symbol "factor;" and before the word "to" the following:
"to provide for the regulation of the amount of any commission charged to a workers' compensation policy of insurance in certain circumstances; to prohibit a commission for renewal of a workers' compensation policy of insurance in certain circumstances;".
By adding between lines 27 and 28 of page 12 a new Section 10.1 to read as follows:
"Section 10.1. Said chapter is further amended by adding after Code Section 34-9-134, relating to appeals from certain decisions, a new Code Section 34-9-135 to read as follows:
'34-9-135. Any commission, including any insurance agent commission, charged to any workers' compensation policy of insurance written in this state, shall be regulated in amount by the office of the Commissioner of Insurance. No commission shall be paid to any individual for the renewal of a policy of workers' compensation insurance in this state unless in the judgment of the Commissioner of Insurance such services shall have been provided by the agent or person requesting the commission to warrant a subsequent commission in being paid.'"

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

Y Abernathy N Adams N Aiken N Alford
N Ashe N Atkins N Baker
Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M
N Bates N Beatty
Benefield N Birdsong N Blitch Y Bordeaux N Bostick
Branch N Breedlove Y Brooks N Brown N Brush N Buck
N Buckner NByrd
Campbell Canty N Carrell Carter Y Cauthorn N Chafin N Chambless Y Cheeks Y Childers

N Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth
N Cummings.B Y Cummings.M N Davis.D Y Davis.G N Davis.M N Dixon.H
Dixon.S N Dobbs N Dover
N Dunn N Edwards
N Elliott Felton
N Fennel N Floyd.J.M N Floyd.J.W N Flynt
N Godbee N Golden Y Goodwin E Green N Greene
N Griffin N Groover Y Hamilton N Hammond
N Hanner N Harris.B N Harris,J

N Heard Y Henson N Herbert
N Holland Y Holmes N Howard N Hudson Ylrwin N Jackson N Jamieson
N Jenkins Jones
N Kilgore N King N Kingston N Klein NLadd N Lane.D N Lane.R N Langford N Lawrence N Lawson
NLee NLong NLord Y Lucas NMann Y Martin N McBee N McCoy N McKelvey Y McKinney.B Y McKinney.C N Meadows N Merritt N Milam

N Mills N Mobley
N Moody N Morsberger N Moultrie N Mueller N Oliver.C
Oliver.M NOrr Y Orrock
N Padgett N Parham N Parrish N Patten
Pelote N Perry
N Pettit N Pinholster N Pinkston
NPoag N Porter Y Poston N Powell.A N Powell.C N Presley N Purcell Y Randall
NRay N Reaves
Redding N Ricketson Y Royal N Selman N Sherrill Y Simpson Y Sinkfield

N Skipper N Smith.L
N Smith,P N Smith.T N Smith, W N Smyre N Snow Y Stancil,F
N Stancil.S Stanley
N Streat N Taylor Y Teper Y Thomas.C Y Thomas.M N Thomas.N Y Thurmond
N Titus N Tolbert N Townsend
Turnquest N Twiggs Y Valenti N Vaughan N WalkerJ N Walker.L Y Wall N Watson N Watts Y White N Wilder N Williams.B
Williams.J N Williams.R N Yeargin
Murphy.Spkr

1600

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 31, nays 132. The amendment was lost.

The following amendment was read and adopted:
Representative Groover of the 99th moves to amend the Floor substitute to HB 1679 as follows:
By adding on line 1 page 20 after "involving" the following:
"the effective full loss of use of that appendage:"

The following amendment was read and adopted:
Representative Groover of the 99th moves to amend the Floor substitute to HB 1679 as follows:
Add on line 18 page 31 after "week":
"provided, however with respect to an injury described in Section 34-9-200.1 (g) (2), unless the injury is such as to cause a total disability the benefit payments shall be limited to 400 weeks."

The following amendment was read and adopted:
Representative White of the 132nd moves to amend the Floor substitute to HB 1679 by adding on line 18 of page 1 after the word and symbol "physicians;" and before the word "to" the following:
"to authorize the promulgation of rules and regulations regarding the participation of minority physicians on panels of physicians;".
By striking the quotation marks at the end of line 13 of page 23 and by adding between lines 13 and 14 of page 23 the following:
"(h) The board shall promulgate rules and regulations to ensure, whenever feasible, the participation of minority physicians on panels of physicians maintained by employers pursuant to this Code section.'"

The following amendment was read and adopted:

Representative Alford of the 57th moves to amend the Floor substitute to HB 1679 by striking from line 20 of page 10 the following:
"compensation ordered."',
and inserting in lieu thereof the following:
"compensation ordered.
(d) An attorney shall not advertise to render services to a potential claimant when he or she or his or her firm does not intend to render said services and shall not divide a fee for legal services with another attorney who is_ not a partner in or associate of his or her law firm or law office, unless:
(1) The client consents to employment of the other attorney after a full disclosure that a fee division will be made;
(2) The division is made in proportion to the services performed and the responsibility assumed by each; and

WEDNESDAY, FEBRUARY 26, 1992

1601

(3) The total fee of the attorneys does not clearly exceed reasonable compensation for all legal services such attorneys rendered to the client.'"

The following amendment was read:

Representative Cauthorn of the 20th moves to amend the Floor substitute to HB 1679 by adding a new Section as follows:
Said chapter is further amended by adding immediately following Code Section 34-9-130.2, relating to policies or contracts of workers' compensation insurance, a new Code Section 34-9-130.3 to read as follows:
"34-9-130.3. (a) Each workers' compensation insurer shall disclose on or before the second Monday in January of each year its costs, as provided in subsection (c) of this Code section, for the preceding calendar year.
(b) The disclosure required by this Code section shall be in the form prescribed by the Commissioner of Insurance and shall be filed with the Commissioner of Insurance.
(c) The disclosure required by this Code section shall include at a minimum the workers' compensation insurer's total underwriting costs, administrative costs, legal defense costs, reserves, payments from reserves for claims, payments to the insurer from reserves, payments for medical benefits on behalf of employees pursuant to this chapter, payments for rehabilitation benefits on behalf of employees pursuant to this chapter, payments for weekly benefits to employees pursuant to this chapter, lump sum payments made to employees pursuant to this chapter, and payments to employees' attorneys made pursuant to this chapter."

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

Y Abernathy N Adams N Aiken
Alford Y Ashe N Atkins N Baker
Balkcom N Bartoot N Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty
Benefield N Birdsong
Y Blitch Y Bordeaux N Bostick
Branch N Breedlove Y Brooks Y Brown N Brush Y Buck Y Buckner N Byrd Y Campbell
Canty Y Carrell Y Carter
Y Cauthorn Y Chafin N Chambless
N Cheeks Y Childers

Y Clark.E Y Clark.L N Coker N Coleman N Colwell N Connell N Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G
Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover N Dunn N Edwards Y Elliott Y Felton
Y Fennel N FloydJ.M N Floyd,J.W Y Flynt N Godbee N Golden Y Goodwin E Green Y Greene N Griffin N Groover Y Hamilton Y Hammond N Hanner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland
Y Holmes Y Howard
Y Hudson Y Irwin N Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein
NLadd N Lane.D N Lane.R Y Langford Y Lawrence Y Lawson YLee N Long NLord
Y Lucas N Mann Y Martin N McBee N McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam

N Mills N Mobley N Moody
Y Morsberger Y Moultrie Y Mueller N Oliver.C
Oliver,M Y Orr Y Orrock
Y Padgett N Parham N Parrish
N Patten Pelote
N Perry Y Pettit N Pinholster N Pinkston N Poag N Porter
Y Poston Y Powell.A Y Powell.C Y Presley N Purcell Y Randall N Ray N Reaves N Redding N Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper
Y Smith.L N Smith.P Y Smith.T N Smith.W Y Smyre Y' Snow Y Stancil.F Y Stancil.S Y Stanley
Streat N Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest
Twiggs Y Valenti N Vaughan Y Walker ,J Y Walker.L Y Wall N Watson Y Watts Y White Y Wilder N Williams.B
Williams.J N Williams.R Y Yeargin
Murphy ,Spkr

1602

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 102, nays 64. The amendment was adopted.

Representative Irwin of the 57th moved that the House reconsider its action in failing to adopt the Irwin amendment #1 to the Floor substitute to HB 1679.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford
N Ashe N Atkins
N Baker Balkcom
N Barfoot
N Bargeron Y Barnett.B N Barnett.M
N Bates N Beatty
Benefield
N Birdsong
Y Blitch Y Bordeaux Y Bostick
Branch N Breedlove
Y Brooks
Y Brown N Brush N Buck Y Buckner
NByrd Y Campbell
Canty N Carrell N Carter Y Cauthorn N Chafin N Chambless
Y Cheeks Y Childers

Y Clark,E
N Clark.L N Coker
N Coleman N Colwell N Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Dobbs Y Dover Dunn N Edwards
N Elliott Y Felton Y Fennel N Floyd,J.M N FloydJ.W Y Flynt N Godbee
N Golden Y Goodwin
E Green Y Greene N Griffin N Groover Y Hamilton
Y Hammond N Manner Y Harris.B Y Harris,J

N Heard
Henson Y Herbert Y Holland Y Holmes Y Howard N Hudson Y Irwin N Jackson Y Jamieson Y Jenkins N Jones Y Kilgore N King N Kingston N Klein
YLadd Y Lane.D N Lane.R Y Langford N Lawrence N Lawson NLee NLong
NLord Y Lucas N Mann Y Martin Y McBee NMcCoy Y McKelvey Y McKinney.B Y McKinney.C
N Meadows Y Merritt N Milam

N Mills
N Mobley N Moody N Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett N Parham N Parrish N Patten
Pelote Y Perry N Pettit
N Pinholster
Y Pinkston NPoag Y Porter Y Poston N Powell,A N Powell.C
N Presley N Purcell
Y Randall NRay N Reaves
Y Redding N Ricketson
N Royal N Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L N Smith.P N Smith.T N Smith.W
Smyre N Snow Y Stancil.F N Stancil.S Y Stanley N Streat Y Taylor
Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend
Y Turnquest
N Twiggs
Y Valenti Y Vaughan Y Walker.J N Walker.L Y Wall N Watson
Watts Y White N Wilder
N Williams.B Williams.J
N Williams.R Yeargin Murphy.Spkr

On the motion, the ayes were 84, nays 79. The motion prevailed.

On the adoption of the Irwin amendment #1, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams N Aiken Y Alford N Ashe N Atkins N Baker
Balkcom N Barfoot N Bargeron Y Barnett.B N Barnett.M
N Bates N Beatty
Benefield N Birdsong Y Blitch Y Bordeaux

Y Bostick Branch
N Breedlove Y Brooks Y Brown N Brush NBuck Y Buckner
N Byrd Y Campbell
Canty N Carrell N Carter
Y Cauthorn N Chafin N Chambless
Y Cheeks Y Childers

Y Clark.E N Clark,L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M
Y Dixon.H Dixon.S
Y Dobbs Y Dover
Dunn N Edwards

N Elliott Y Felton Y Fennel N Floyd,J.M N Floyd,J.W Y Flynt N Godbee
N Golden Y Goodwin E Green
N Greene N Griffin N Groover
Y Hamilton Y Hammond N Hanner Y Harris.B Y Harris,J

N Heard Y Henson N Herbert Y Holland
Y Holmes Y Howard N Hudson Y Irwin N Jackson Y Jamieson Y Jenkins N Jones N Kilgore NKing N Kingston N Klein
N Ladd Y Lane.D

WEDNESDAY, FEBRUARY 26, 1992

1603

N Lane.R N Langford
N Lawrence
N Lawson N Lee N Long
Y Lord Y Lucas
N Mann
Y Martin Y McBee N McCoy Y McKelvey Y McKinney.B
Y McKinney.C N Meadows Y Merritt
N Milam

Y Mills
N Mobley
N Moody
N Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M
Y Orr
Y Orrock N Padgett N Parham N Parrish N Patten
Pelote Y Perry
N Pettit
N Pinholster

Y Pinkston N Poag Y Porter Y Poston N Powell.A N Powell.C N Presley N Purcell Y Randall
N Ray N Reaves
Y Redding
N Ricketson
N Royal
Y Selman
Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L N Smith,? N Smith.T N Smith.W
Y Smyre
YSnow
Y Stancil.F
N Stancil.S Y Stanley N Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus

Y Tolbert Y Townsend
Y Turnquest N Twiggs Y Valenti N Vaughan Y Walker.J
N Walker.L
Y Wall
N Watson Watts
Y White N Wilder N Williams.B
Williams.J N Williams.R N Yeargin
Murphy ,Spkr

On the adoption of the amendment, the ayes were 81, nays 87. The amendment was lost.

Representative Langford of the 7th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

On the adoption of the Floor substitute, as amended, the roll call was ordered and the vote was as follows:

N Abernathy
Y Adams
Y Aiken
N Alford
Y Ashe Y Atkins
N Baker Balkcom
Y Barfoot Y Bargeron N Barnett.B Y Barnett.M Y Bates Y Beatty
Benefield N Birdsong N Blitch N Bordeaux
N Bostick Branch
Y Breedlove N Brooks
N Brown
Y Brush YBuck N Buckner
NBvrd N Campbell
Canty Y Carrell Y Carter N Cauthorn N Chafin N Chambless Y Cheeks
N Childers

N Clark.E
Y Clark.L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth N Cummings.B N Cummings.M N Davis.D N Davis.G
Y Davis,M
N Dixon.H
Dixon,S Y Dobbs
N Dover
N Dunn
N Edwards
Y Elliott
Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
N Flynt Y Godbee N Golden N Goodwin
E Green
N Greene
Y Griffin
N Groover
N Hamilton
N Hammond Y Manner
Y Harris.B N Harris.J

Y Heard N Henson N Herbert N Holland Y Holmes
N Howard
Y Hudson
N Irwin Y Jackson N Jamieson
N Jenkins
Y Jones N Kilgore
N King Y Kingston N Klein YLadd N Lane.D Y Lane.R Y Langford
Y Lawrence
Y Lawson
N Lee
Y Long
YLord N Lucas
Y Mann
N Martin Y McBee Y McCoy N McKelvey N McKinney.B N McKinney.C
Y Meadows
N Merritt Y Milam

N Mills Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller
N Oliver.C N Oliver.M NOrr
N Orrock
N Padgett N Parham Y Parrish Y Patten
Pelote Y Perry N Pettit
Y Pinholster
N Pinkston
YPoag
Y Porter
N Poston
Y Powell.A Y Powell.C Y Presley Y Purcell N Randall
YRay Y Reaves N Redding Y Ricketson N Royal Y Selman N Sherrill N Simpson N Sinkfield

N Skipper N Smith.L Y Smith.P N Smith.T Y Smith.W N Smyre Y Snow N Stancil.F Y Stancil.S
N Stanley
N Streat
N Taylor
N Teper
N Thomas.C
N Thomas.M
N Thomas.N
N Thurmond
N Titus
Y Tolbert Y Townsend N Turnquest N Twiggs N Valenti
Y Vaughan
N Walker.J
N Walker.L
N Wall N Watson N Watts N White
Y Wilder
Y Williams.B Williams.J
Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Floor substitute, as amended, the ayes were 79, nays 92. The Floor substitute, as amended, was lost.

Representative Griffin of the 6th moved that the House reconsider its action in failing to adopt the Floor substitute, as amended, to HB 1679.

1604

JOURNAL OF THE HOUSE,

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

N Abernathy Y Adams Y Aiken N Alford Y Ashe Y Atkins N Baker
Balkcom Y Barfnot Y Bargeron N Barnett.B Y Barnetl.M N Bates
Y Beattv Benefield
N Birdsong N Blitch
Bordeaux N Bostick
Branch Y Breedlove N Brooks N Brown Y Brush Y Buck N Buckner N Byrd N Campbell
Canty Y Carrell
Y Carter N Cauthorn N Chafin
Chambless Y Cheeks N Childers

N Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth N Cummings.B N Cummings.M N Davis,D N Davis,G Y Davis.M N Dixon.H
Dixon.S Y Dobbs N Dover
N Dunn N Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W
N Flynt Y Godbee N Golden N Goodwin
E Green Y Greene Y Griffin
N Groover N Hamilton N Hammond
Manner
Y Harris.B N Harris.J

Y Heard N Henson N Herbert N Holland N Holmes N Howard
Y Hudson N Irwin Y Jackson N Jamieson Y Jenkins Y Jones N Kilgore N King Y Kingston N Klein
Y Ladd N Lane.D Y Lane.R N Langford Y Lawrence Y Lawson NLee YLong N Lord N Lucas Y Mann N Martin Y McBee Y McCoy N McKelvey N McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam

N Mills
Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M N Orr N Orrock
N Padgett N Parham Y Parrish
Y Patten Pelote
Y Perry N Pettit Y Pinholster N Pinkston
Y Poag Y Porter N Poston Y Powell.A Y Powell.C Y Presley Y Purcefl N Randall
YRay Y Reaves N Redding Y Ricketson Y Royal Y Selman N Sherrill N Simpson N Sinkfield

N Skipper N Smith.L Y Smith.P N Smith.T Y Smith,W N Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley Y Streat N Taylor N Teper
N Thomas,C N Thomas.M N Thomas,N N Thurmond N Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti
Y Vaughan N Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder
Y Williams.B N Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the motion, the ayes were 80, nays 88. The motion was lost.

The following amendment was read and adopted:

Representatives Walker of the 115th, Groover of the 99th and Lee of the 72nd move to amend HB 1679 as follows:
1. By striking on page 1 line 7 after "compensation" through "fees" on line 13.
2. By striking Section 2 and renumbering the remaining sections accordingly.

The following amendment was read and adopted:

Representative Henson of the 57th moves to amend HB 1679 by adding on line 7 of page 1 after the word "as" and before the word "to" the following:
"to provide that a workers' compensation insurer shall not be authorized to settle a claim on behalf of an insured employer without giving prior notice to such employer;".
By adding between lines 29 and 30 of page 2 a new Section 1.1 to read as follows:
"Section 1.1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-15, relating to the procedure for settlement between parties generally, and inserting in its place a new Code Section 34-9-15 to read as follows:

WEDNESDAY, FEBRUARY 26, 1992

1605

'34-9-15. Nothing contained in this chapter shall be construed so as to prevent settlements made by and between the employee and employer but rather to encourage them, so long as the amount of compensation and the time and manner of payment are in accordance with this chapter. A workers' compensation insurer shall not be authorized to settle a claim on behalf of its insured employer without giving prior notice to such employer of the terms of the settlement agreement. A copy of any such settlement agreement shall be filed by the employer with the board, and no such settlement shall be binding until approved by the board. Whenever it shall appear to the board, by stipulation of the parties or otherwise, that there is a bona fide dispute as to facts, the determination of which will materially affect the right of the employee or dependent to recover compensation or the amount of compensation to be recovered, or that there is a genuine dispute as to the applicability of this chapter, and it further appears that the parties have agreed upon a settlement between themselves, which settlement gives due regard and weight to the conflicting evidence available relating to the disputed facts or to the questions as to the applicability of this chapter, then, upon such determination, the board shall approve the settlement and enter an award conforming to the terms thereof even though such settlement may provide for the payment of compensation in a sum or sums less than would be payable if there were no conflict as to the employee's right to recover compensation. When such settlement has been agreed upon and approved by the board, it shall constitute a complete and final disposition of all claims on account of the incident, injury, or injuries referred to therein, and the board shall not be authorized to enter upon any award subsequent to such board approval amending, modifying, or changing in any manner the settlement, nor shall the settlement be subject to review by the board under Code Section 34-9-104.'"

Representative Lawson of the 9th moved that the House reconsider its action in adopting the Groover amendment to HB 1679.
On the motion, the roll call was ordered and the vote was as follows:

Y Ahernathy Adams Aiken
N Alford N Ashe N Atkins Y Baker
Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty
Benefield Y Birdsong
Blitch Y Bordeaux
Bostick Branch N Breedlove N Brooks N Brown N Brush N Buck Y Buckner Y Byrd Campbell Canty N Carrell N Carter Y Cauthorn Y Chafin N Chambless N Cheeks N Childers

Y Clark.E N Clark.L N Coker
N Coleman N Colwell N Connell N Culbreth N Cummings.B Y Cummings.M Y Davis.D Y Davis.G
Davis,M N Dixon.H
Dixon.S N Dobbs N Dover Y Dunn Y Edwards N Elliott N Felton Y Fennel N Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin Y Groover Y Hamilton Y Hammond
Manner N Harris.B
N Harris.J

N Heard Y Henson N Herbert N Holland N Holmes
Howard
N Hudson Y Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore Y King N Kingston Y Klein N Ladd N Lane.D N Lane.R Y Langford N Lawrence N Lawson YLee N Long YLord
Lucas N Mann Y Martin N McBee N McCoy N McKelvey
McKinney,B N McKinney.C N Meadows Y Merritt N Milam

N Mills
N Mobley Moody
N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M NOrr Y Orrock
N Padgett Y Parham N Parrish
Patten Pelote N Perry
N Pettit N Pinholster Y Pinkston N Poag N Porter Y Poston N Powell.A N Powell.C
N Presley N Purcell Y Randall
NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill Y Simpson
Sinkfield

N Skipper Y Smith.L N Smith.P Y Smith.T N Smith.W
N Smyre N Snow
Y Stancil.F N Stancil.S
Stanley Y Streat N Taylor Y Teper Y Thomas.C Y Thomas,M
Thomas.N Thurmond N Titus N Tolbert Y Townsend Y Turnquest Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson N Watts N White N Wilder Y Williams.B Williams.J N Williams.R Yeargin Murphy,Spkr

1606

JOURNAL OF THE HOUSE,

On the motion, the ayes were 53, nays 99. The motion was lost.

The following amendment was read and adopted:

Representative Alford of the 57th moves to amend HB 1679 by striking from line 33 of page 17 the following:
"compensation ordered.'",
and inserting in lieu thereof the following:
"compensation ordered.
(c) An attorney shall not advertise to render services to a potential claimant when he or she or his or her firm does not intend to render said services and shall not divide a fee for legal services with another attorney who is not a partner in or associate of his or her law firm or law office, unless:
(1) The client consents to employment of the other attorney after a full disclosure that a fee division will be made;
(2) The division is made in proportion to the services performed and the responsibility assumed by each; and
(3) The total fee of the attorneys does not clearly exceed reasonable compensation for all legal services such attorneys rendered to the client.'"

The following amendment was read:

Representative Holland of the 136th moves to amend HB 1679 as follows: On page 23 line 7 between the word "trunk" and the ";" insert: , or resulting in total disability.

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

Abernathy Y Adams N Aiken
Alford Y Ashe N Atkins
Baker Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty Benefield N Birdsong Blitch Y Bordeaux Y Bostiok Branch Breedlove Y Brooks N Brown N Brush N Buck Y Buckner

N Byrd Y Campbell
Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers Y Clark.E Y Clark.L N Coker Y Coleman N Colwell
Connell N Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G N Davis.M Y Dixon.H
Dixon.S N Dobbs N Dover

N Dunn N Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin E Green Y Greene N Griffin N Groover Y Hamilton Y Hammond N Manner N Harris.B N Harris.J Y Heard
Henson N Herbert Y Holland Y Holmes N Howard

Y Hudson N Irwin
N Jackson N Jamieson
Y Jenkins N Jones N Kilgore N King Y Kingston N Klein YLadd Y Lane.D N Lane.R Y Langford Y Lawrence N Lawson NLee N Long NLord
N Lucas N Mann Y Martin Y McBee N McCoy
McKelvey McKinney.B

Y McKinney,C Y Meadows Y Merritt N Milam N Mills N Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett N Parham N Parrish
Patten Pelote N Perry N Pettit Y Pinholster N Pinkston N Poag N Porter Y Poston

WEDNESDAY, FEBRUARY 26, 1992

1607

N Powell,A N Powell.C N Presley Y Purcell
Y Randall
N Ray
Reaves Y Redding Y Ricketson N Royal

N Selman Y Sherrill Y Simpson Y Sinkfield N Skipper Y Smith.L N Smith,? Y Smith.T Y Smith,W N Smyre

NSnow Y Stancil.F Y Stancil.S Y Stanley N Streat Y Taylor YTeper Y Thomas.C Y Thomas.M Y Thomas.N

Thurmond Y Titus Y Tolbert Y Townsend N Turnquest N Twiggs Y Valenti N Vaughan Y Walker,J N Walker.L

On the adoption of the amendment, the ayes were 75, nays 82. The amendment was lost.

Y Wall N Watson N Watts Y White N Wilder
Williams.B Williams,J N Williams.R Y Yeargin Murphy.Spkr

The following amendment was read and adopted:
Representative Campbell of the 23rd moves to amend HB 1679 as follows:
To add the following sentence to line 20, page 25, after the word "abuse",
"Said release shall designate the provider and shall state that it will expire on the date of the hearing."

The following amendment was read and adopted:

Representative White of the 132nd moves to amend HB 1679 by adding on line 4 of page 2 after the word and symbol "physicians;" and before the word "to" the following:
"to authorize the promulgation of rules and regulations regarding the participation of minority physicians on panels of physicians;".
By adding between lines 25 and 26 of page 25 a new Section 18.1 to read as follows:
"Section 18.1. Said chapter is further amended by adding to Code Section 34-9-201, relating to the selection of a physician from a panel of physicians, a new subsection (f) to read as follows:
'(f) The board shall promulgate rules and regulations to ensure, whenever feasible, the participation of minority physicians on panels of physicians maintained by employers pursuant to this Code section.'"

The following amendment was read and adopted: Representative Groover of the 99th moves to amend HB 1679 as follows: By adding after "involving" on line 7 page 23 the following: "the effective loss of use of that appendage:"

The following amendment was read and adopted:
Representative Groover of the 99th moves to amend HB 1679 as follows:
By adding after the word "week" on line 29 page 27 the following:
"provided, however with respect to an injury defined in Section 34-9-200.1 (g) (2) if total disability does not result the benefit payments shall be limited to 400 weeks."

The following amendment was read:

Representatives Irwin of the 57th and Langford of the 7th move to amend HB 1679 as follows:

1608

JOURNAL OF THE HOUSE,

By adding a new subsection (b), page 10, line 4 as follows and changing (b) (1), (2) to (c) (1), 2.
"(c) All expenses of litigation and attorney's fees charged by any attorney in any representation under the provisions of this title while representing any employer, insurance company, or self-insurer shall be disclosed to the board and all parties in a manner provided by the board. Such attorney's fees and expenses of litigation must be approved by the board prior to any payment of such attorney's fees or expenses of litigation. In order to be approved by the board, such attorney's fees and expenses of litigation must be reasonable and must bear a rational relationship to the value of any contested issue for which the attorney was retained or to the complexities of the services provided by the attorney."

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

Abernathy N Adams N Aiken Y Alfurd N Ashe N Atkins
Y Baker Balkcom
N Barfoot N Bargeron Y Barnett.B N Barnett.M N Bates N Beatty
Benefield N Birdsong
Y Blitch Y Bordeaux
Y Bostick Branch
N Breedlove Y Brooks Y Brown
N Brush
N Buck Y Buckner
N Byrd Y Campbell
Canty N Carrell
N Carter N Cauthorn
Y Chafin N Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L N Coker
N Coleman Colwell Connell
N Culbreth Cummings.B Cummings,M
Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Dunn
N Edwards N Elliott Y Felton
Fennel N Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin
E Green N Greene N Griffin N Groover Y Hamilton Y Hammond
Manner N Harris.B Y Harris,.)

N Heard Y Henson N Herbert Y Holland Y Holmes N Howard Y Hudson Y Irwin
N Jackson N Jamieson Y Jenkins N Jones N Kilgore Y King N Kingston N Klein N Ladd N Lane.D N Lane.R Y Langford N Lawrence N Lawson N Lee
N Long N Lord
Lucas N Mann Y Martin Y McBee N McCoy Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Merritt N Milam

N Mills N Mobley
Moody Y Morsberger Y Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett N Parham N Parrish
Patten Pelote N Perry
N Pettit N Pinholster
Y Pinkston N Poag
Porter Y Poston N Powell.A N Powell.C N Presley N Purcell Y Randall
Ray N Reaves Y Redding N Ricketson N Royal N Selman Y Sherrill Y Simpson Y Sinkfield

N Skipper Y Smith.L N Smith.P N Smith.T
N Smith,W N Smyre N Snow Y Stancil.F N Stancil.S Y Stanley N Sweat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond
Y Titus N Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti N Vaughan
Y Walker.J N Walker.L Y Wall N Watson N Watts Y White N Wilder N Williams.B
Williams.J N Williams.R
Yeargin Murphy.Spkr

On the adoption of the amendment, the ayes were 68, nays 87. The amendment was lost.

Representative Holland of the 136th moved that the House reconsider its action in failing to adopt the Holland amendment to HB 1679.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken
N All'ord N Ashe N Atkins

N Baker Balkcom
N Barfoot N Bargeron N Barnett.B N Barnett.M

N Bates Y Beatty
Benefield N Birdsong Y Blitch Y Bordeaux

Y Bostick Branch
N Breedlove Y Brooks Y Brown N Brush

N Buck Y Buckner N Byrd Y Campbell
Canty N Carrell

WEDNESDAY, FEBRUARY 26, 1992

1609

N Carter
N Cauthorn N Chafin
N Chambless
N Cheeks N Childers
Y Clark.E Y Clark.L N Coker N Coleman
Colwell Connell N Culbreth Y Cummings.B
Y Cummings.M
Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover N Dunn
N Edwards N Elliott Y Felton Y Fennel N FloydJ.M N Floyd.J.W
N Flvnt

N Godbee N Golden
Y Goodwin E Green
N Greene
N Griffin
N Groover
Y Hamilton
N Hammond
Hanner N Harris.B
N Harris.J N Heard Y Henson N Herbert Y Holland Y Holmes
Howard N Hudson Y Irwin N Jackson
Jamieson Y Jenkins N Jones N Kilgore
N King Y Kingston N Klein N Ladd Y Lane.D

N Lane.R
Y Langford N Lawrence
N Lawson N Lee
N Long
N Lord Lucas
N Mann
Y Martin Y McBee
N McCoy N McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt N Milam N Mills N Mobley Y Moody N Morsberger Y Moultrie N Mueller N Oliver.C
N Oliver.M
Y Orr
Y Orrock N Padgett N Parham

N Parrish Patten Pelote
Y Perry N Pettit N Pinholster N Pinkston N Poag N Porter
Y Poston
N Powell.A
N Powell.C
Y Presley N Purcell Y Randall NRay Y Reaves
Redding N Ricketson
N Royal
N Selman
Y Sherrill
Y Simpson
Y Sinkfield
Y Skipper
Y Smith.L
N Smith,?
Smith.T
N Smith.W
N Smyre

N Snow Y Stancil.F N Stancil.S Y Stanley N Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus N Tolbert Y Townsend
Turnquest N Twiggs Y Valenti N Vaughan Y Walker,,! N Walker.L N Wall N Watson N Watts Y White N Wilder N Williams.B
Williams.J N Williams.R
Yeargin Murphy ,Spkr

On the motion, the ayes were 60, nays 95. The motion was lost.

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

Y Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins Y Baker
Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty
Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin

Y Chambless Y Cheeks N Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B N Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt N Godbee Y Golden Y Goodwin E Green
Greene N Griffin

Y Groover Y" Hamilton Y Hammond Y Hanner N Harris.B Y Harris.J N Heard Y Henson Y Herbert Y Holland N Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein N Ladd Y Lane.D N Lane.R Y Langford N Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Mann

Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam N Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit N Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C

N Presley Y Purcell Y Randall N Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill N Simpson Y Sinkfield Y Skipper Y Smith.L N Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus N Tolbert Y Townsend N Turnquest

1610

JOURNAL OF THE HOUSE,

Y Twiggs Y Valenti Y Vaughan

Y Walker,.J Y Walker.L N Wall

Y Watson Y Watts Y White

N Wilder N Williams.B
Williams.J

N Williams.R Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 133, nays 30.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 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 "nay" thereon.

Representative King of the 72nd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

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 1930.

By Representatives Lane of the 27th and Harris of the 96th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to prohibit transporting a passenger under age 14 in the uncovered bed of a pickup truck on an interstate or four lane highway.

By unanimous consent, HB 1930 was ordered engrossed. Referred to the Committee on Motor Vehicles.

HB 1932. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Code Section 14-2-603 of the Official Code of Georgia Annotated, relating to issued and outstanding shares, so as to revise the provisions relating to preemptive rights to acquire shares.
Referred to the Committee on Judiciary.

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

THURSDAY, FEBRUARY 27, 1992

1611

Representative Hall, Atlanta, Georgia Thursday, February 27, 1992

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:

Ahernathy Adams Alford Atkins Baker Bargeron Bates Benefield Bostick Breedlove Brooks Brush Buck Buckner Byrd Carrell Cauthorn Chafin Chambless Cheeks Clark.E Clark.L Coker

Coleman
Connell Culbreth Cummings,B
Cummings,M Davis.D Dixon.H
Edwards
Elliott Felton Fennel Floyd.J.M Floyd.J.W Flynt God bee Griffin
Groover
Hamilton
Hammond
Manner
Harris.B
Harris.J Heard

Henson Herbert Holland Howard Irwin
Jackson
Jones
Kilgore
King
Klein Ladd Lane.D Lane,R
Langford
Lawrence Lawson Lee Lord Lucas Mann Martin McBee McCoy

McKelvey
McKinney,C Meadows Milam Mobley
Moody
Moultrie
Oliver.C
Orr Padgett Parham Parrish Pelote Pinholster Pinkston Poag Poston Powell.A Powell.C Presley Purcell Ray Reaves

Ricketson Royal Selman Sherrill Skipper Smith.P Snow Stancil.F Stancil.S Streat Taylor Teper Thomas,M
Titus Tolbert Vaughan Walker.J Wall
Watson Watts Williams.J Williams.R Yeargin

The following members were off the floor of the House when the roll was called:
Representatives Hudson of the 117th, Morsberger of the 62nd, Pettit of the 19th, Childers of the 15th, Valenti of the 52nd, Beatty of the 12th, Blitch of the 150th, Smith of the 78th, McKinney of the 35th, Golden of the 148th, Mueller of the 126th, Thomas of the 69th, Dunn of the 73rd, Thomas of the 55th, Wilder of the 21st, Patten of the 149th, Carter of the 146th, Long of the 142nd, Stanley of the 33rd, Simpson of the 70th, Davis of the 29th, Goodwin of the 63rd, Sinkfield of the 37th, Orrock of the 30th, Smith of the 152nd, Mills of the 20th, Barfoot of the 120th, Jamieson of the llth and Davis of the 45th.
They wish to be recorded as present.

Prayer was offered by the Reverend Al Turnell, Pastor, Smyrna First Methodist Church, Smyrna, Georgia.

The members pledged allegiance to the flag.

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:

1612

JOURNAL OF THE HOUSE,

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 1920. 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 composition of the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1921. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act providing for election districts for election to the board of education of Douglas County, so as to change the composition of the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1922. By Representative Dunn of the 73rd:
A bill to amend Chapter 50 of Title 33 of the Official Code of Georgia Annotated, relating to multiple employer self-insured health plans, so as to repeal the requirement of the payment of premium taxes by multiple employer selfinsured health plans.
Referred to the Committee on Insurance.

HB 1923. By Representative Orr of the 9th:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to the disposition of unused campaign contributions, so as to provide that such contributions may only be used to pay a prior campaign debt or be transferred to the state treasury.
Referred to the Committee on Governmental Affairs.

HB 1924. By Representative Carter of the 146th:
A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 27, 1992

1613

HB 1925. By Representative Lucas of the 102nd:
A bill to amend an Act providing a new charter for the City of Macon, so as to eliminate the five at-large council seats.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1926. By Representatives Sinkfield of the 37th, Redding of the 50th, Thomas of the 55th, Williams of the 54th, Thomas of the 31st and others:
A bill to amend an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb, so as to provide that revenue received by the City of Atlanta from school and educational ad valorem taxes shall be paid to the Atlanta Board of Education or, by agreement, paid into the city treasury to be remitted monthly to the board of education or used for such board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1927. By Representative Byrd of the 153rd:
A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, relating to failure to attach and display mobile home decals and the penalties related thereto, so as to provide that violations of said requirements may be enforced in magistrate courts.
Referred to the Committee on Ways & Means.

HB 1928. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend an Act creating the Rome-Floyd County Commission on Children and Youth, so as to provide for changes in the membership of such commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1929. By Representative Childers of the 15th:
A bill to amend Code Section 16-12-160 of the Official Code of Georgia Annotated, prohibiting buying or selling a human body or parts thereof, so as to change certain exceptions to the prohibition; 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 change the provisions relating to definitions.
Referred to the Committee on Health & Ecology.

HB 1931. By Representatives Herbert of the 76th, Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth:
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 authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted.
Referred to the Committee on Education.

1614

JOURNAL OF THE HOUSE,

HB 1933. By Representatives Lucas of the 102nd, Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of state officers and employees, so as to authorize the purchase of reinsurance; to amend Article 3 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to employees operating state motor vehicles, so as to provide for insurance on leased vehicles or vehicles on loan from the federal government.
Referred to the Committee on Insurance.

HB 1934. By Representative Lane of the 27th:
A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1935. By Representative Lane of the 27th:
A bill to amend an Act to create and establish the East Point Building Authority, so as to change the composition and appointment of membership on the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1936. By Representative Lane of the 27th:
A bill to amend an Act to create the East Point Business and Industrial Development Authority, so as to change the composition and appointment of membership on the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1937. By Representatives Taylor of the 94th, Thomas of the 31st and McKinney of the 40th:
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 an identification card for mentally retarded persons.
Referred to the Committee on Motor Vehicles.

HR 975. By Representatives Hammond of the 20th, Mobley of the 64th, Carrell of the 65th, Twiggs of the 4th, Sherrill of the 47th and others:
A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States to prohibit the President of the United States from submitting and the Congress from adopting a federal budget which is not balanced.
Referred to the Committee on Rules.

HR 976. By Representative Poag of the 3rd: A resolution designating the Martin Dooley Parkway.
Referred to the Committee on Transportation.

THURSDAY, FEBRUARY 27, 1992

1615

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

HB 1902 HB 1903 HB 1904 HB 1905 HB 1906 HB 1907 HB 1908 HB 1909 HB 1911 HB 1912 HB 1913

HB 1914 HB 1915 HB 1916 HB 1917 HB 1918 HB 1919 HB 1930 HB 1932 HR 966 SB 166 SB 639

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 1609 Do Pass HB 1661 Do Pass, by Substitute HB 1828 Do Pass, as Amended

HR 827 Do Pass SB 602 Do Pass

Respectfully submitted, /s/ Childers of the 15th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 813 Do Pass, by Substitute HR 892 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 1759 Do Pass HB 1839 Do Pass

HB 1843 Do Pass HB 1844 Do Pass

1616

JOURNAL OF THE HOUSE,

HB 1859 Do Pass HB 1862 Do Pass HB 1864 Do Pass

HB 1876 Do Pass HB 1898 Do Pass HB 1865 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 27, 1992

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

HB 277 HB 1068 HB 1145 HB 1146 HB 1265 HB 1290 HB 1297 HB 1378 HB 1408 HB 1502 HB 1597 HB 1618 HB 1676 HB 1722 HB 1815

Firearms; storage in locked container Mentally ill, etc.; involuntary emergency treatment; certify need Motor vehicles; license plates and titles; fees Sales tax; limit reimbursement to dealers for collecting Humane Care for Equines Act; enact Roofing contractors; regulation Insurance Commissioner; certain fees; determination by rules & regs Public records; computerized index; requirements Inactive municipalities; planning and zoning Multilevel distribution companies; amend provisions Mental health; cost of care; amend provisions Mclntosh County; superior court; terms Motor vehicle liability insurance; offer and acceptance; claims Tax lien; security interest; priority Child support enforcement; district atty; representation

HR 829 Clarke County; grant easement HR 939 Clarke County; convey property

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Denmark Groover, Jr.
Vice-Chairman

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

HB 1759.

By Representative Smith of the 156th:
A bill to amend an Act providing for a board of elections in counties having a population of not less than 7,330 nor more than 7,550 according to the United States decennial census of 1970 or any future such census, as amended, so as to repeal in its entirety said Act, as amended.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 27, 1992

1617

HB 1839.

By Representatives Jones of the 71st, Meadows of the 91st, Davis of the 77th and Flynt of the 75th:
A bill to amend an Act providing for the composition of the Board of Education of Coweta County, so as to reapportion the education districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1843.

By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to amend an Act providing for the election of members to the Burke County board of education, so as to change the composition of the education districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1844.

By Representatives Godbee of the 110th and Bargeron of the 108th:
A bill to amend an Act creating the board of commissioners of Burke County, so as to change the composition of the commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1859.

By Representative Skipper of the 116th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to change the salaries of the chairman and members of the Board of Commissioners of Sumter County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1862.

By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from staggered to concurrent.

1618

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1864.

By Representative Moultrie of the 93rd:
A bill to amend an Act entitled "An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Harris County;" so as to repeal the requirement for competitive bidding on all materials, equipment and supplies purchased by the Board of Education of Harris County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1876.

By Representatives Smith of the 16th and Childers of the 15th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide that the county manager shall make recommendations to the board relating to the appointment of future heads of county departments.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1898.

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 change the provisions relating to the mayor pro tern.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1865.

By Representatives Milam of the 81st and Davis of the 77th:
A bill to provide for homestead exemptions from Troup County ad valorem taxes for county purposes and from Troup County School District ad valorem taxes for educational purposes for certain residents of that county and school district.

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

THURSDAY, FEBRUARY 27, 1992

1619

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams
Aiken Y Alford
Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Blitch Bordeaux
Y Bostick Branch
Y Breedlove N Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd
Campbell
Canty Y Carrell
Carter Y Cauthorn
Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis.G Davis.M Y Dixon.H Dixon.S Dobbs Y Dover Dunn Edwards Y Elliott Y Felton Y Fennel Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland
Holmes Y Howard
Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein
YLadd Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B N McKinney.C Y Meadows
Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C E Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote
Perry Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Sinkfield

Y Skipper Smith,L
Y Smith.P Smith.T
Y Smith, W Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson
Y Watts White Wilder Williams.B
Y WilliamsJ Y Williams.R Y Yeargin Y Murphy,Spkr

On the passage of the Bill, the ayes were 121, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate has agreed to the House substitute to the following Bill of the Senate:

SB 659. By Senator Baldwin of the 29th:
A bill to amend an Act creating a Board of Commissioners for Troup County, as amended, so as to provide new commissioner districts; to provide for definitions and insertions; to provide for the continuation in office of commissioners currently serving and for the election of successors; to provide for submission of this Act to the United States Attorney General for approval.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1006.

By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th:
A bill to repeal an Act providing for a board of registrations and elections in each county of this state having a population of not less than 18,150 and not more than 18,250 according to the United States decennial census of 1970 or any future such census.

1620

JOURNAL OF THE HOUSE,

HB 1651.

By Representatives Bates of the 141st, Long of the 142nd, Titus of the 143rd, Purcell of the 129th and Royal of the 144th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs for judges of the probate courts, so as to repeal subsections providing for a different schedule of costs for judges of the probate courts in counties having a population of not less than 25,400 nor more than 25,900, and in counties having a population of not less than 38,000 nor more than 38,200 according to the United States decennial census of 1980 or any future such census.

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

HB 1358.

By Representatives Royal of the 144th, Long of the 142nd, Chambless of the 133rd and Titus of the 143rd:
A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to the creation of juvenile courts, so as to provide for prohibitions with respect to the practice of law by juvenile judges appointed in a circuit with a population of 180,000 or more according to the United States decennial census of 1990 or any future such census.

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

SB 173. By Senators Deal of the 49th, Newbill of the 56th, Johnson of the 47th and others:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports and landing fields by counties, municipalities, and other political subdivisions, so as to prohibit cities, counties, or other political subdivisions from condemning property for, or operating, an airport outside their territorial boundaries except with the consent of the governing authority of the county, city, or other political subdivision wherein the airport is to be located.

SB 482. By Senators Newbill of the 56th, Collins of the 17th and Clay of the 37th:
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 prohibit the appointment or employment of certain persons who are related by blood or marriage to the employer; to provide for a definition; to provide for applicability; to provide for a penalty.

SB 600. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," so as to change the provisions relating to legislative findings and intent; to change the provisions relating to definitions; to change the provisions relating to powers of the authority; to change the purpose for which bonds may be issued; to provide for actions when local governments fail to make certain payments; to provide for the use of bond proceeds.

THURSDAY, FEBRUARY 27, 1992

1621

SB 614. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others:
A bill to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," so as to change the name of the Office of Fair Employment Practices to the "Commission on Equal Opportunity"; to change the name of the Fair Employment Practices Board to the "Board of Commissioners of the Commission on Equal Opportunity"; to provide for divisions within the Commission on Equal Opportunity.

SB 634. By Senators Garner of the 30th, English of the 21st and Gillis of the 20th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define a term; to prohibit carrying children under a certain age as passengers on bicycles; to require use of bicycle paths under certain conditions; to require the use of bicycle helmets by minors under a certain age.

SB 649. By Senator Alien of the 2nd:
A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal of civil actions, so as to provide that an action in which no written order is taken for a period of three years shall automatically stand dismissed; to provide for related matters; to provide an effective date; to provide for applicability.

SB 664. By Senators Deal of the 49th and Pollard of the 24th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol or drugs, so as to provide that in any case where a person is convicted of the offense of driving under the influence of alcohol or drugs, the court shall attach a copy of the defendant's record of convictions for traffic offenses to the judge's sentence or judgment.

SB 677. By Senator Walker of the 22nd:
A bill to amend Code Section 33-29-3 of the Official Code of Georgia Annotated, relating to requirements of individual policies of accident and sickness insurance, so as to provide that payments for certain services payable under individual policies of accident and sickness insurance shall be paid directly to the provider of such services subject to the written direction of insured; to provide for notice to providers when payment is made to the insured.

HB 1167. By Representative Birdsong of the 104th:
A bill to amend an Act creating a Board of Education of Wilkinson County, so as to change the composition of the education districts from which the members of the board are elected.

HB 1168.

By Representative Birdsong of the 104th:
A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the composition of the commissioner districts from which the chairman and members of the board are elected.

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JOURNAL OF THE HOUSE,

HB 1696. By Representative Murphy of the 18th:
A bill to amend an Act providing for the election of the members of the Board of Education of Haralson County, so as to provide for education districts.

HB 1727. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to increase the amount of the homestead exemption from Jones 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 Jones County actually occupied by the owner as a residence and homestead.

HB 1730. By Representatives Purcell of the 129th and Mueller of the 126th:
A bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, so as to provide for commissioner districts and posts.

HB 1744. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act creating the Board of Commissioners of Jones County, so as to change the compensation of the chairman and other members of the board of commissioners.

HB 1764. By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for the position of deputy clerk; to provide for the position of county treasurer.

HB 1766. By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th:
A bill to repeal an Act to amend an Act creating a Board of Commissioners of Coweta County.

SB 633. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to payment of taxes to the county in which returns are made, installment payments, interest, and penalties on delinquent tax payments in certain counties, and executions, so as to change the population brackets and provisions relating to the United States decennial census relative to penalties in certain counties; to provide for authority for this Act.

SB 695. By Senator Walker of the 22nd:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the date on which tax commissioners and tax receivers shall close their books for the return of taxes; to repeal certain provisions based on population which relate to the date for closing books for the return of taxes; to change the date by which applications for a homestead exemption must be filed.

THURSDAY, FEBRUARY 27, 1992

1623

HB 1357. By Representatives Royal of the 144th, Long of the 142nd, Chambless of the 133rd and Titus of the 143rd:
A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to the creation of juvenile courts, so as i o repeal certain provisions prohibiting the practice of law by juvenile judges, rppointed in a circuit with a population of 160,000 or more according to the United States decennial census of 1980 or any future such census.

HB 1533. By Representatives Stancil of the 66th, Yeargin of the 14th, Birdsong of the 104th and Floyd of the 135th:
A bill to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to issuance by counties and municipalities of licenses for sale of distilled spirits by the drink, so as to change the population figures describing the counties subject to a provision allowing the governing authority to authorize by resolution or ordinance the issuance of licenses to sell alcoholic beverages by the drink to certain restaurants and private clubs after approval by the voters.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:

SB 480. By Senators Newbill of the 56th, Collins of the 17th and Clay of the 37th:
A bill to amend Article 3 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to financial disclosure statements, so as to prohibit members of the General Assembly or public officers elected statewide from accepting certain honorariums or monetary fees which exceed actual expenses incurred.

SB 678. By Senator Baldwin of the 29th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning penal institutions, so as to provide that any peace officer, probation officer, or employee of the Department of Corrections or other public agency who is certified by his or her supervising agency shall be exempt from certain provisions of the law for the limited purposes of administering a urine screen drug test to certain persons.

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

SB 173. By Senators Deal of the 49th, Newbill of the 56th, Johnson of the 47th and others:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports and landing fields by counties, municipalities, and other political subdivisions, so as to prohibit cities, counties, or other political subdivisions from condemning property for, or operating, an airport outside their territorial boundaries except with the consent of the governing authority of the county, city, or other political subdivision wherein the airport is to be located.
Referred to the Committee on State Planning & Community Affairs.

1624

JOURNAL OF THE HOUSE,

SB 480. By Senators Newbill of the 56th, Collins of the 17th and Clay of the 37th:
A bill to amend Article 3 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to financial disclosure statements, so as to prohibit members of the General Assembly or public officers elected statewide from accepting certain honorariums or monetary fees which exceed actual expenses incurred.
Referred to the Committee on Judiciary.

SB 482. By Senators Newbill of the 56th, Collins of the 17th and Clay of the 37th:
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 prohibit the appointment or employment of certain persons who are related by blood or marriage to the employer; to provide for a definition; to provide for applicability; to provide for a penalty.
Referred to the Committee on State Planning & Community Affairs.

SB 600. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," so as to change the provisions relating to legislative findings and intent; to change the provisions relating to definitions; to change the provisions relating to powers of the authority; to change the purpose for which bonds may be issued; to provide for actions when local governments fail to make certain payments; to provide for the use of bond proceeds.
Referred to the Committee on Appropriations.

SB 614. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others:
A bill to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," so as to change the name of the Office of Fair Employment Practices to the "Commission on Equal Opportunity"; to change the name of the Fair Employment Practices Board to the "Board of Commissioners of the Commission on Equal Opportunity"; to provide for divisions within the Commission on Equal Opportunity.
Referred to the Committee on Human Relations & Aging.

SB 633. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to payment of taxes to the county in which returns are made, installment payments, interest, and penalties on delinquent tax payments in certain counties, and executions, so as to change the population brackets and provisions relating to the United States decennial census relative to penalties in certain counties; to provide for authority for this Act.
Referred to the Committee on Ways & Means.

THURSDAY, FEBRUARY 27, 1992

1625

SB 634. By Senators Garner of the 30th, English of the 21st and Gillis of the 20th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define a term; to prohibit carrying children under a certain age as passengers on bicycles; to require use of bicycle paths under certain conditions; to require the use of bicycle helmets by minors under a certain age.
Referred to the Committee on Motor Vehicles.
SB 649. By Senator Alien of the 2nd:
A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal of civil actions, so as to provide that an action in which no written order is taken for a period of three years shall automatically stand dismissed; to provide for related matters; to provide an effective date; to provide for applicability.
Referred to the Committee on Judiciary.
SB 664. By Senators Deal of the 49th and Pollard of the 24th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol or drugs, so as to provide that in any case where a person is convicted of the offense of driving under the influence of alcohol or drugs, the court shall attach a copy of the defendant's record of convictions for traffic offenses to the judge's sentence or judgment.
Referred to the Committee on Motor Vehicles.
SB 677. By Senator Walker of the 22nd:
A bill to amend Code Section 33-29-3 of the Official Code of Georgia Annotated, relating to requirements of individual policies of accident and sickness insurance, so as to provide that payments for certain services payable under individual policies of accident and sickness insurance shall be paid directly to the provider of such services subject to the written direction of insured; to provide for notice to providers when payment is made to the insured.
Referred to the Committee on Insurance.

SB 678. By Senator Baldwin of the 29th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning penal institutions, so as to provide that any peace officer, probation officer, or employee of the Department of Corrections or other public agency who is certified by his or her supervising agency shall be exempt from certain provisions of the law for the limited purposes of administering a urine screen drug test to certain persons.
Referred to the Committee on State Institutions & Property.

SB 695. By Senator Walker of the 22nd:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the date on which tax commissioners and tax receivers shall close their books for the return of taxes; to repeal certain provisions based on population which relate to the date for closing books for the return of taxes; to change the date by which applications for a homestead exemption must be filed.
Referred to the Committee on Ways & Means.

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JOURNAL OF THE HOUSE,

The following communication was received:

House of Representatives Atlanta, Georgia
February 25, 1992
Dear Mr. Clerk,
I must be in Washington, D.C. on legislative business Thursday, Feb. 27, 1992. Please lock my machine, and please excuse my absence.
Thank You, /s/ Mary Margaret Oliver

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 1618.

By Representative Smith of the 156th:
A bill to amend an Act providing for the holding of four terms each year of the Superior Court of Mclntosh County, so as to provide for two terms of 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1265. By Representatives Smith of the 78th and Oliver of the 53rd:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the humane care of equines.

The following Committee substitute was read and adopted:

A BILL
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the humane care of equines; to provide a short title; to provide definitions; to prohibit certain acts or omissions; to provide for inspections; to provide for impoundment, care, and disposition of equines; to provide for the powers and duties of persons impounding equines; to provide for liens; to provide for notices; to provide for sales; to provide for euthanasia of certain equines; to provide for the disposition of funds; to provide for enforcement; to provide for injunctions and restraining orders; to provide for practices and procedures; to provide for rules and regulations; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding at the end thereof a new Chapter 13 to read as follows:
"CHAPTER 13
4-13-1. This chapter shall be known and may be cited as the 'Humane Care for Equines Act.'

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4-13-2. As used in this chapter, the term: (1) 'Adequate food and water' means food and water which is sufficient in amount
and appropriate for the particular type of equine to prevent starvation, dehydration, or a significant risk to the equine's health from a lack of food or water.
(2) 'Equine' means any member of the Equidae species, including horses, mules, and asses.
(3) 'Humane care' means, but is not limited to, the provision of adequate food and water consistent with the normal requirements and feeding habits of the equine's size, species, and breed.
(4) 'Owner' means any person owning, having possession or custody of, or in charge of an equine.
(5) 'Person' means any person, firm, corporation, partnership, association, or other legal entity; any public or private institution; the State of Georgia; or any county, municipal corporation, or political subdivision of the state.
4-13-3. It shall be unlawful for the owner of any equine: (1) To commit a violation of Code Section 16-12-4, relating to cruelty to animals,
which involves an equine owned by, possessed by, or in the custody or control of such person;
(2) To fail to provide adequate food and water to such equine; (3) To fail to provide humane care for such equine; (4) To unnecessarily overload, overdrive, torment, or beat any equine or to cause the death of any equine in a cruel or inhumane manner; or (5) To interfere with or hinder the Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer in carrying out his duties under this chapter.
4-13-4. (a) At any time there is cause to believe that a violation of Code Section 4-13-3 has occurred, the Commissioner of Agriculture or his designated agent may apply to the appropriate court in the county in which the equine is located for an inspection
warrant under the provisions of Code Section 2-2-11 or any sheriff, deputy sheriff, or other law enforcement officer may apply for a search warrant for the purpose of inspect-
ing any equine found on such property to determine if a violation of Code Section 4-13-3
has occurred. (b) The Commissioner or his designated agent or any sheriff, deputy sheriff, or other
law enforcement officer is authorized to impound any equine which has not been fur-
nished with adequate food and water, which has not received humane care, or which has been subjected to cruelty in violation of Code Section 4-13-3. Such determination as to
the condition or treatment of the equine shall be made by a licensed veterinarian employed by the state or federal government following an examination conducted at the
request of the Commissioner or his designated agent or any sheriff, deputy sheriff, or other law enforcement officer.
4-13-5. (a) It shall be the duty of any person designated for impounding an equine under Code Section 4-13-4 to make reasonable and proper arrangements to provide the
impounded equine with adequate and necessary shelter, food, water, veterinary services, and humane care and to take such actions as to ensure the survival of the equine or the humane euthanasia of the equine and disposal thereof if such actions are necessary.
Such arrangements may include, but shall not be limited to, providing shelter and care for the equine at any state, federal, county, municipal, or governmental facility or shel-
ter, contracting with a private individual, partnership, corporation, association, or other entity to provide shelter, food, water, veterinary services, and humane care for a reason-
able fee, or allowing a private individual, partnership, corporation, association, or other entity to provide shelter, food, water, veterinary services, and humane care as a volun-
teer and at no cost. Any person impounding an equine under this chapter or providing care for an impounded equine shall have a lien on such equine for the reasonable costs of caring for such equine.
(b) The lien acquired under subsection (a) of this Code section may be foreclosed in
any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.

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(c) Any person impounding an equine under this chapter is authorized to return the equine to its owner upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order or receiving written assurances:
(1) That such equine will be given humane care, adequate food and water, adequate shelter, and veterinary services;
(2) That such equine will not be subjected to cruelty; and (3) That the owner will comply with this chapter. 4-13-6. It shall be the duty of any person impounding an equine under this chapter to notify the owner of such equine immediately upon impoundment. Such notice shall state the name and address of the person impounding the equine, the location where the equine is being held, and a description of the equine. If the owner of such equine is unknown or cannot be found, service of the notice on the owner shall be obtained by publishing a notice once in a newspaper of general circulation where the equine is impounded. 4-13-7. If the owner of the equine cannot be found, if the owner refuses to enter into a consent order or to provide a written assurance that such equine will be given humane care and adequate food, water, shelter, and veterinary care, or if the owner fails to comply with this chapter after having entered into a consent order or having given a written assurance on a previous occasion, the Commissioner or his designated agent, the sheriff, any deputy sheriff, or any other law enforcement officer may dispose of the equine through sale at a public auction or by sealed bids or, if such equine is in a physical condition such that euthanasia is the only reasonable course of action, by humanely disposing of the equine. Prior to disposing of an equine through sale or euthanasia, the Commissioner or his designated agent, the sheriff, any deputy sheriff, or any other law enforcement officer shall make a reasonable effort to locate the owner and, if the owner cannot be located after reasonable effort, the sale or euthanasia may proceed. Any proceeds from the sale of such equine shall be used first to pay the costs of care given the equine and any funds remaining shall be paid into the state treasury if the equine was impounded by the Commissioner or his designated agent or into the county treasury if the equine was impounded by the sheriff, a deputy sheriff, or other law enforcement officer. 4-13-8. In addition to the remedies provided in this chapter or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, the Commissioner is authorized to apply to the superior courts for an injunction or restraining order. Such courts shall have jurisdiction and for good cause shown shall grant a temporary or permanent injunction or an ex parte or restraining order restraining or enjoining any person, partnership, firm, corporation, or other entity from violating and continuing to violate this chapter or any rules and regulations promulgated under this chapter. Such injunction or restraining order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation. 4-13-9. The Commissioner is authorized to promulgate and adopt rules and regulations necessary or appropriate to carry out this chapter. 4-13-10. Any person, partnership, firm, corporation, or other entity violating any of the provisions of this chapter shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy Y Adams Y Aiken Y Alford

Y Ashe Y Atkins Y Baker
Balkcom

Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M

Y Bates Y Beatty Y Benefield
Birdsong

Y Blitch Bordeaux
Y Bostick Branch

THURSDAY, FEBRUARY 27, 1992

1629

Y Breedlove Y Brooks
Brown Y Brush
Y Buck Buckner
YByrd Y Campbell
Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Coleman
Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.D Davis.G Davis.M Y Dixon.H Dixon.S Y Dobbs Y Dover

Y Dunn Y Edwards Y Elliott Y Felton Y Fennel N Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Griffin Y Groover Y Hamilton Y Hammond Manner
Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones

Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D N Lane.R
Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee
Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Merritt Y Milam E Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C E Oliver.M

YOrr Orrock
Y Padgett Parham
Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley N Purcell Y Randall
Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith,?
Smith.T

Y Smith.W Srnyre
Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M
Thomas,N Thurmond Y Titus Y Tolbert Y Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker,)
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 140, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Buckner of the 72nd 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 1722.

By Representatives Chambless of the 133rd, Pinkston of the 100th, Thomas of the 69th and Floyd of the 154th:
A bill to amend Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, so as to provide that a lien for other unpaid taxes or a duly rendered judgment shall have the same priority with regard to a security interest as it would have if the tax lien or judgment were a conflicting security interest or encumbrance.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates

Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick
Branch Y Breedlove
Y Brooks Brown
Y Brush Y Buck
Buckner

NByrd Y Campbell
Canty Carrell Y Carter Y Cauthorn Y Chafin Chambless Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker

Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.G Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover

Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin E Green
Greene

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JOURNAL OF THE HOUSE,

Griffin Y Groover Y Hamilton 'I' Hummond
Manner Y Harris.B Y Harris..) Y Heard Y Henson Y Herhert Y Holland Y Holmes -l Howard Y Hudson Y Irwin 'l* -lackson Y -lamieson Y Jenkins Y -lones Y Kilgore Y King Y Kingston Y Klein

Y Ladd Y Lane.l) Y Lane.R
Langford Y Lawrence Y Lawson Y Lee
Long N Lord Y Lucas Y Mann Y Martin Y McBee Y McCov Y McKelvey Y McKinney.B
McKinnev.C Y Meadows
Merritt Y" Milam E Mills Y Mobley Y Moody

Y Mursberger Y Moultrie Y Mueller Y 01iver,C E Oliver,M Y Orr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell

Randall Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith.L Y Smith.P Smith.T Y Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper

Y Thomas.O Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,.]
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,.! Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 144, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representative Buckner of the 72nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

HR 979. By Representatives Redding of the 50th, Baker of the 51st, Teper of the 46th, McKinney of the 40th, Valenti of the 52nd and others:
A resolution commending Mr. Manuel J. Maloof and inviting him to appear before the House of Representatives.

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

HB 1502.

By Representative Watson of the 114th:
A bill to amend Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities and multilevel distribution companies, so as to change the definition of certain terms.

The following Committee substitute was read and adopted:

A BILL
To amend Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities and multilevel distribution companies, so as to change the definition of certain terms; to change the provisions relating to when bond or trust account is required; to change the provisions relating to filings with the administrator and the issuance and use of advertisement identification numbers; to change the provisions relating to prohibited acts by sellers; to change the provisions relating to requirements of contracts and cancellation rights; to require certain information

THURSDAY, FEBRUARY 27, 1992

1631

concerning boards; to change the provisions relating to filing notice of activity; to provide that certain practices of multilevel distribution companies shall be unlawful; to change the provisions relating to purchaser and participant remedies; to provide that certain acts or practices shall constitute unfair or deceptive consumer acts or practices in a consumer transaction and shall authorize an affected participant or purchaser to seek certain remedies provided by law; 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. Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities and multilevel distribution companies, is amended by striking in its entirety Code Section 10-1-410, relating to definitions, and inserting in lieu thereof a new Code Section 10-1-410 to read as follows:
"10-1-410. As used in this part, the term: (1) 'Agreement' means any agreement relating to a business opportunity or
multilevel distribution company, including, but not limited to, the contract. (2) (A) 'Business opportunity' means the sale or lease of, or offer to sell or lease, any products, equipment, supplies, or services for the purpose of enabling the purchaser to start a business and in which the seller or company represents: (i) That the seller or company will provide locations or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases or other similar devices, or currency operated amusement machines or devices. For purposes of this subparagraph, 'assist the purchaser in finding locations' includes but is not limited to supplying the purchaser with names of locator companies, contracting with the purchaser to provide assistance or supply names, or collecting a fee on behalf of or for a locator company; (ii) That the seller or company will purchase any or all products made, produced, fabricated, grown, bred, or modifu-d by the purchaser using, in whole or in part, the supplies, services, or chattels sold to the purchaser; or (iii) That, in conjunction with any agreement which requires a total initial payfificnt of tft Amount cxccsdiwg JpoUU.i/U) the seller o? compsny will reiuno oil of

the purchaser is dissatisfied with the business opportunity; er (iv) (iii) That the company, in conjunction with any agreement which requires
a total initial payment of an amount exceeding $500.00, will provide a sales program or marketing program; provided, however, that this subparagraph shall not apply to the sale of a sales program or a marketing program made in conjunction with the licensing of a registered trademark or service mark. (B) The term 'business opportunity' does not include:
(i) The sale of an ongoing business when the owner of that business sells and intends to sell only that one business opportunity;
(ii) Any relationship created solely by or involving: (I) The relationship between an employer and an employee or among gen-
eral business partners; or (II) Membership in a bona fide cooperative association or transactions
between bona fide cooperative associations and their members. As used in this subdivision, the term 'cooperative association' means either (1) an association of producers of agricultural products organized pursuant to Article 3 of Chapter 10 of Title 2 or statutes similar thereto enacted by other states, or (2) an organization operated on a cooperative basis by and for independent retailers which wholesales goods or furnishes services primarily to its member-retailers; (iii) Any agribusiness corporation; (iv) Any insurance agency; or (v) Any offer or sale of a business opportunity where the seller has a net worth on a consolidated basis of not less than $15 million as determined on the basis of the seller's most recent audited financial statement; and where the seller

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satisfies all of the following conditions or is a wholly owned subsidiary of a company that satisfies all of the following conditions:
(I) Seller is a publicly traded company; (II) Seller has a class of securities registered pursuant to Section 12(b) or 12(g) of the Securities Exchange Act of 1934 and has timely filed all reports required under Sections 13 and 14 of the Securities Exchange Act of 1934 for a period of 36 months; (III) Seller has not failed to pay any dividend or defaulted on any loan payment in the last five fiscal years; (IV) Seller has an annual trading volume of stock of 3,000,000 shares or more; and (V) Seller has an aggregate market value of the voting stock held by nonaffiliates of $100 million or more. (3) 'Business opportunity seller or company' means any corporation, whether domestic or foreign, or any business, whether a partnership, limited partnership, sole proprietorship, joint venture, association, trust, unincorporated organization, or other entity, which shall solicit, advertise, offer, or contract for any business opportunity or cause to be solicited, advertised, offered, or contracted for any business opportunity in this state; or which has a principal place of business in this state, even if solicitations are of nonresidents of Georgia. (4) 'Company' means any multilevel distribution company or business opportunity company or seller.
(5) 'Initial payment' means the total amount which a purchaser or participant is obligated or agrees to pay under the terms of an agreement before or at the time of delivery of the goods or services to the purchaser or participant or and which a purchaser or participant is obligated to pay within six months of the date that the purchaser or participant commences operation of the business. If the agreement states a total price and provides that the total price is to be paid partially as an initial cash payment and the remainder in specific monthly payments, the term means the total price. The term does not include any amount required by the seller to be deposited as security for the performance by a purchaser or participant of the operation of the business or that secures an extension of credit. If purchasers or participants may enter a multilevel distribution company or business opportunity at different levels, 'initial payment' means the total sum the purchaser or participant is obligated to pay to enter at the level chosen by the purchaser or participant.
(6) 'Multilevel distribution company' means any person, firm, corporation, or other business entity which sells, distributes, or supplies for a valuable consideration goods or services through independent agents, contractors, or distributors at different levels wherein such participants may recruit other participants and wherein commissions, cross-commissions, bonuses, refunds, discounts, dividends, or other considerations in the program are or may be paid as a result of the sale of such goods or services or the recruitment, actions, or performances of additional participants. The term shall not include licensed insurance agents or ; licensed insurance agencies 2 licensed real estate brokers, licensed real estate agents, or licensed real estate agencies. A Any multilevel distribution company which 19 net operating in compliance with this part operates in any of the forms precluded by paragraphs (1) through (4) of subsection (a) of Code Section 10-1-411 shall be considered an unlawful pyramid club under Code Section 16-12-38.
(7) 'Participant' means anyone who participates at any level in a multilevel distribution company.
(8) 'Person' means any individual, corporation, partnership, joint venture, association, trust, unincorporated organization, or other entity and shall include any other person that has a substantive interest in or effectively controls such person as well as the individual officers, directors, general partners, trustees, or other individuals in control of the activities of such person.
(9) 'Purchaser' means any person who is solicited to become obligated, or does become obligated, under any agreement.

THURSDAY, FEBRUARY 27, 1992

1633

(10) 'Seller' means any multilevel distribution company or it means any person who offers to sell to individuals any business opportunity, either directly or through any agent."
Section 2. Said part is further amended by striking in its entirety subsection (a) of Code Section 10-1-412, relating to when bond or trust account is required, which reads as follows:
"(a) Any business opportunity seller or company which makes any of the representations set forth in division (2)(A)(iii) of Code Section 10-1-410 and any multilevel distribution company must either have obtained a surety bond issued by a surety company authorized to do business in this state or have established a trust account with a licensed and insured bank or savings institution located in this state. The amount of the bond or trust account shall be an amount not less than $75,000.00. The bond or trust account shall be in favor of the state for the benefit of any person who is damaged by any violation of this part or by the seller's or company's breach of the contract or agreement or of any obligation arising therefrom. Such person may bring an action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall exceed the amount of the bond or trust account. A multilevel distribution company which requires an initial payment of less than $250.00 from each participant shall be exempt from the requirements of this Code section.", and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any business opportunity seller or company which represents, in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00, that the seller or company will refund all or part of the price paid for the business opportunity or will repurchase any of the products, equipment, supplies, or chattels supplied by the seller or company if the purchaser is dissatisfied with the business opportunity and any multilevel distribution company must either have obtained a surety bond issued by a surety company authorized to do business in this state or have established a trust account with a licensed and insured bank or savings institution located in this state. For purposes of this subsection, deposits shall not be considered part of the price paid for the business opportunity. The amount of the bond or trust account shall be an amount not less than $75,000.00. The bond or trust account shall be in favor of the state for the benefit of any person who is damaged by any violation of this part or by the seller's or company's breach of the contract or agreement or of any obligation arising therefrom. Such person may bring an action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall exceed the amount of the bond or trust account. A multilevel distribution company which requires an initial payment of less than $500.00 from each participant shall be exempt from the requirements of this Code section."
Section 3. Said part is further amended by striking in its entirety Code Section 10-1-413, relating to filings with the administrator, which reads as follows:
"10-1-413. (a) Every multilevel distribution company intending to have participants in this state, with an agreement made in this state, or with its principal place of business in this state, shall file with the administrator appointed pursuant to Code Section 10-1-395, prior to obtaining any participants in this state or elsewhere, a copy of the contract and any material incorporated by reference to be used with participants and a disclosure statement containing the following:
(1) The name of the company; whether the company is doing business as a proprietorship, partnership, or corporation; the names under which the company has done, is doing, or intends to do business; and the name of any parent or affiliated company that will engage in business transactions with participants;
(2) The names, addresses, and titles of the company's officers, directors, and trustees;
(3) The length of time the company has: (A) Been engaged in multilevel distribution; and

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JOURNAL OF THE HOUSE,

(B) Been engaged in multilevel distributions involving the types of products, equipment, supplies, or services currently offered to the purchaser; and (4) A detailed description of the levels of distribution in the multilevel program, the manner in which participants will be compensated, and the extent or amount of any compensation. (b) The seller of every business opportunity shall file with the administrator appointed pursuant to Code Section 10-1-395 a copy of the disclosure statement required by subsection (b) of Code Section 10-1-411 prior to the placing of any advertisement or making any other representations to prospective purchasers in this state. (c) Every seller shall update the filing as required by this Code section as any material change in the required information occurs, but no less than annually. If the seller is required by Code Section 10-1-412 to provide a bond or establish a trust account, he shall contemporaneously file with the administrator either the bond or formal notification by the depository that the trust account is established. (d) The administrator appointed pursuant to Code Section 10-1-395 shall be authorized to charge and collect a fee which reflects the cost of the filing and updating the documents with his office required by this part, not to exceed $100.00. (e) (1) Upon the filing of the required documents and upon the administrator's finding of compliance with the requirements of this part, the administrator shall issue to a business opportunity seller an advertisement identification number and shall notify a multilevel distribution company that it is registered properly with the administrator. (2) The business opportunity seller shall disclose the advertisement identification number to each person with whom he places advertising, which number shall be recorded by the person receiving the advertising, so that the advertising media may verify the authenticity of the registration.", and inserting in lieu thereof a new Code Section 10-1-413 to read as follows: "10-1-413. (a) Every multilevel distribution company intending to have participants in this state, with an agreement made in this state, or with its principal place of business in this state shall have readily available to any potential participants, prior to obtaining any participants in this state or elsewhere, a copy of the contract and of any material incorporated by reference into the contract to be used with participants. In every instance in which a multilevel distribution company solicits any initial payment in excess of $500.00, the multilevel distribution company shall also have readily available to the particular potential participant or participants, prior to signing the contract, a disclosure statement containing the following: (1) The name and principal business address of the company; whether the company is doing business as a proprietorship, partnership, or corporation; the names under which the company has done, is doing, or intends to do business; and the name of any parent or affiliated company that will engage in business transactions with participants; (2) The names, addresses, and titles of the company's officers, directors, and trustees; (3) The length of time the company has:
(A) Been engaged in multilevel distribution; and
(B) Been engaged in multilevel distributions involving the types of products, equipment, supplies, or services currently offered to the purchaser; and
(4) A detailed description of the levels of distribution in the multilevel program, the manner in which participants will be compensated, and the extent or amount of any compensation.
(b) Every seller shall update the disclosures required by subsection (b) of Code Section 10-1-411 and by subsection (a) of Code Section 10-1-413 as often as any material change in the required information occurs, but not less than annually.
(c) Whenever a multilevel distribution company must provide the disclosure state-
ment required by subsection (a) of this Code section, the multilevel distribution com-
pany, prior to obtaining any participant, shall provide that participant with an 8 l/i inch
by 11 inch document in at least ten-point type, which reads as follows:

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'NOTICE REQUIRED BY STATE LAW REGARDING DISCLOSURES
State law requires that a multilevel distribution company shall make available certain disclosures regarding the company prior to obtaining participants. This is your official notice that you have a right to request to see these disclosures prior to entering into any agreement with a multilevel distribution company. This will be the only notice you receive regarding your rights to see these disclosures. If you waive these rights, you are giving up an important consumer protection that the State of Georgia has found you should be provided. If you wish to exercise these rights, please indicate below that you want to see the disclosures before agreeing to be a participant, then do not agree to become a participant until the disclosures have been made available to you. SIGN ONLY ONE OF THE FOLLOWING STATEMENTS:
I wish to see the disclosures required by law before I agree to become a participant._
Date: _________________________________ I do not wish to see the disclosures required by law; I understand that I will not be seeing important information which might affect my decision to participate in this multilevel distribution company.__________________________________
Date: _______________________________' (d) Every multilevel distribution company shall maintain on file all of the statements as described in subsection (c) of this Code section for a period of two years from the date such statements are signed. (e) Every seller shall include the following regarding each officer, director, principal, and owner in the disclosures required by subsection (b) of Code Section 10-1-411 and by subsection (a) of Code Section 10-1-413:
(1) Whether he or she has at any time during the previous seven fiscal years been convicted of a felony or pleaded nolo contendere to a felony charge if the felony involved fraud, including violation of any franchise law, unfair or deceptive acts or practices law, business opportunity law, multilevel distributing law, or pyramid law; embezzlement; fraudulent conversion; misappropriation of property; or restraint of trade;
(2) Whether he or she has at any time during the previous seven fiscal years been held liable in a civil action resulting in a final judgment or has settled out of court any civil action or is a party to any civil action involving fraud, including violation of any franchise law, unfair or deceptive acts or practices law, business opportunity law, multilevel distributing law, or pyramid law; embezzlement; fraudulent conversion; misappropriation of property; or restraint of trade;
(3) Whether he or she is currently subject to any state or federal agency or court injunctive or restrictive order or is a party to a proceeding currently pending in which such an order is sought relating to fraud, including violation of any franchise law, unfair or deceptive acts or practices law, business opportunity law, multilevel distributing law, or pyramid law; embezzlement; fraudulent conversion; misappropriation of property; or restraint of trade; and
(4) Whether he or she has at any time during the previous seven fiscal years filed in bankruptcy, been adjudged bankrupt, or been reorganized due to insolvency or has been a principal, director, executive officer, or partner of any other person that has so filed or was so adjudged or reorganized during or within one year after the period that such person held such position in such other person. (f) The disclosures required under subsection (e) of this Code section shall include any of the following which are applicable:
(1) The identity and location of the court or agency; (2) The date of conviction, judgment, or decision; (3) The penalty imposed; (4) The damages assessed;
(5) The terms of settlement or the terms of the order and the date, nature, and issuer of each such order or ruling; and

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JOURNAL OF THE HOUSE,

(6) The name and principal business address of any other person which filed, was adjudged, or was reorganized in bankruptcy."
Section 4. Said part is further amended by striking in its entirety paragraph (3) of Code Section 10-1-414, relating to prohibited acts by sellers, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Make or authorize the making of any reference to its compliance with this part in any advertisement or other contract with purchasers or participants or in any manner represent, explicitly or implicitly, that the State of Georgia or any department, agency, officer, or employee has reviewed, approved, sanctioned, or endorsed a business opportunity or multilevel program; except as provided paragraph {&} ef- subsection 4e) ef Code Section 10-1 -41 5 "
Section 5. Said part is further amended by striking in its entirety Code Section 10-1-415, relating to required provisions in contracts, which reads as follows:
"10-1-415. (a) Every business opportunity or multilevel distribution contract shall be in writing, and a copy shall be given to the purchaser or participant at the time he or she signs the contract.
(b) Every contract or any material incorporated therein by reference shall include the following:
(1) The terms and conditions of payment; (2) A full and detailed description of the acts or services that the seller undertakes to perform for the purchaser or participant; (3) The seller's principal business address; and (4) The approximate delivery date of any products, equipment, or supplies that the seller is to deliver to the purchaser or participant. (c) In addition to the information required in subsection (b) of this Code section, every multilevel distribution contract, or an addendum thereto, shall contain the following: (1) If training of any type is promised by the seller or company, a complete description of the training and the length of the training; (2) If a bond is required under Code Section 10-1-412, the following statement:
'As required by Georgia law, the company has secured a bond or established a trust account for your protection. Information regarding this bond or trust account is on file with the Georgia Governor's Office of Consumer Affairs.'; (3) If the participant will be under any obligation to make any payment after the agreement has been entered into, a statement in ten-point boldface type as follows:
'A participant in this multilevel marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address.'; (4) A description of any cancellation rights; and (5) A statement that further information regarding the company is on file with the state's Office of Consumer Affairs. (d) Cancellation rights pursuant to paragraph (4) of subsection (c) of this Code section must, at a minimum, provide the following: (1) If the participant has purchased products or paid for administrative services while the contract of participation was in effect, the seller shall repurchase all unencumbered products in a reasonably resalable or reusable condition which were required by the participant from the seller; such repurchase shall be at a price not less than 90 percent of the original net cost to the participant returning the goods, taking into account any sales made by or through such participant prior to notification to the company of the election to cancel; (2) The repayment of all administrative fees or services shall be at not less than
90 percent of the costs to the participant of such fees or services and shall reflect all administrative services that have not, at the time of termination, been provided to the participant. The seller shall further refund at not less than 90 percent of the cost to
the participant any other consideration paid by the participant in order to participate in the program; and

THURSDAY, FEBRUARY 27, 1992

1637

(3) The participant may be held responsible for all shipping expenses incurred in

returning sales aids or products to the company but only if such responsibility of a

canceling participant is disclosed in the written description of the cancellation rights,

(e) The provisions of subsections (c) and (d) of this Code section shall not apply to

any multilevel distribution company until December 31, 1988.",

and inserting in lieu thereof a new Code Section 10-1-415 to read as follows:

"10-1-415. (a) Every business opportunity or multilevel distribution contract shall

be in writing, and a copy shall be given to the purchaser or participant at the time he

or she signs the contract.

(b) Every contract or any material incorporated therein by reference shall include

the following:

(1) The terms and conditions of payment, including but not limited to compensa-

tion paid to a participant by the company and any payments to be made by the par-

ticipant to the company within the first six months of the agreement;

(2) A full and detailed description of the acts or services that the seller undertakes

to perform for the purchaser or participant, including a specific description of the

product or service being marketed;

(3) The seller's principal business address. For purposes of this paragraph, a post

office box shall not be considered a principal place of business; and

(4) The approximate delivery date of any products, equipment, supplies, or ser-

vices that the seller is to deliver to the purchaser or participant.

(c) In addition to the information required in subsection (b) of this Code section,

every multilevel distribution contract, or an addendum thereto, shall contain the follow-

ing:

(1) If training of any type is promised by the seller or company, a complete

description of the training and the length of the training;

(2) If a bond is required under Code Section 10-1-412, the following statement,

with all blanks properly filled:

'As required by Georgia law, the company has secured a bond or established a

trust account for your protection. This bond or trust account can be identified as

# ____________________

in

the

name

of

# ____________________, provided by the following bonding company or

trust company: __________________________________, which is

located

at

the

following

address:

_________________________________ in the city of

,

state

of

(3) A participant in a multilevel marketing plan has a right to cancel at any time, regardless of reason. If a participant will be under an obligation to make any payment after the agreement has been entered into, a statement in ten-point boldface type as follows must appear in the contract or an addendum thereto:
'A participant in this multilevel marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address.'; and (4) A description of any cancellation rights.
(d) Cancellation rights pursuant to paragraph (4) of subsection (c) of this Code section must, at a minimum, provide the following:
(1) If the participant has purchased products or paid for administrative services while the contract of participation was in effect, the seller shall repurchase all unencumbered products, sales aids, literature, and promotional items which are in a reasonably resalable or reusable condition and which were acquired by the participant from the seller; such repurchase shall be at a price not less than 90 percent of the original net cost to the participant of the goods being returned. For purposes of this paragraph, 'original net cost' means the amount actually paid by the participant for the goods, less any consideration received by the participant for purchase of the goods which is attributable to the specific goods now being returned. Good shall be deemed 'resalable or reusable' if the goods are in an unused, commercially resalable condition

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JOURNAL OF THE HOUSE,

at the time the goods are returned to the seller. Goods which are no longer marketed by a company shall be deemed 'resalable or reusable' if the goods are in an unused, commercially resalable condition and are returned to the seller within one year from the date the company discontinued marketing the goods; provided, however, that goods which are no longer marketed by a multilevel distribution company shall not be deemed 'resalable or reusable' if the goods are sold to participants as nonreturnable, discontinued, or seasonal items and the nonreturnable, discontinued, or seasonal nature of the goods was clearly disclosed to the participant seeking to return the goods prior to the purchase of the goods by the participant. Notwithstanding anything to the contrary contained in this paragraph, a multilevel distribution company may not assert that any more than 15 percent of its total yearly sales per calendar year to participants in dollars are from nonreturnable, discontinued, or seasonal items;
(2) The repayment of all administrative fees or consideration paid for other services shall be at not less than 90 percent of the costs to the participant of such fees or services and shall reflect all other administrative services that have not, at the time of termination, been provided to the participant; and
(3) The participant may be held responsible for all shipping expenses incurred in returning sales aids or products to the company but only if such responsibility of a canceling participant is disclosed in the written description of the cancellation rights."
Section 6. Said part is further amended by striking in its entirety subsection (a) of Code Section 10-1-416, relating to filing notice of activity, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each seller numbering among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, shall fite with the administrator appointed pursuant te Code Section 10-1-306 a statement giving notice ef this feet anel irrevocably appointing appoint the Secretary of State of this state as its agent for service of process for any alleged violation ot tnis part, oucn written notice snail turtner set tortn trie intention or sucn seller te abide fey this part. Compliance with this Code section shall not in and of itself subject any seller to the provisions or consequences of any other statute of this state."
Section 7. Said part is further amended by striking in their entirety subsections (a) and (b) of Code Section 10-1-417, relating to purchaser and participant remedies, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"10-1-417. (a) If a business opportunity seller or multilevel distribution company uses any untrue or misleading statements; or fails to comply with Code Section 10-1-411; or fails to deliver the equipment, supplies, or products necessary to begin substantial operation within 45 days of the delivery date stated in the contract; or if the business opportunity seller or multilevel distribution company does not comply with the requirements of Code Section 10-1-416 ef ef Code Section Sections 10-1-410 through 10-1-416, then, within one year of the date of the contract, upon written notice to the seller, the purchaser or participant may void the contract and shall be entitled to receive from the seller all sums paid to the seller. Upon receipt of such sums, the purchaser or participant shall make available to the seller at the purchaser's or participant's address or at the places at which they are located at the time notice is given, all products, equipment, or supplies received by the purchaser or participant. However, the purchaser or participant shall not be entitled to unjust enrichment by exercising the remedies provided for in this subsection.
(b) The violation of any provision of this part shall constitute an unfair or deceptive act or practice in the conduct of a consumer act or practice or consumer transactions under Part 2 of this article, the 'Fair Business Practices Act of 1076.' 1975,' and shall authorize an affected participant or purchaser to seek the remedies provided for in Code Section 10-1-399 and in subsection (a) of Code Section 10-1-417."
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.

THURSDAY, FEBRUARY 27, 1992

1639

The report of the 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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Balkcnm Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beattv Y Benefield Birdsong Blitch Bordeaux Y Bostick Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Cheeks Y Childers

Y Clark.F. Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y FloydJ.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y' Holmes Y Howard
Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B McKinney,C Y Meadows Merritt Y Milam

E Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C E Oliver,M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston Y Poag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y" Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest V Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Watson Watts White Y Wilder Y Williams.B Y Williams.J Williams.R Y Yeargin Murphy ,Spkr

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.

Representative Watson of the 114th 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 Groover of the 99th assumed the Chair.

HB 1297.

By Representatives Dunn of the 73rd, Lawson of the 9th, Walker of the 115th, Coleman of the 118th and Buck of the 95th:
A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, Part 2 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured homes, Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards, and Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to revise comprehensively provisions relative to fees charged by the Commissioner of Insurance.

The following Committee substitute was read and adopted:

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JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, Part 2 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured homes, Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards, and Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to revise comprehensively provisions relative to fees charged by the Commissioner of Insurance, whether acting as the Georgia Safety Fire Commissioner, the Georgia Industrial Loan Commissioner, or the Commissioner of Insurance; to revise the amounts of such fees; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, is amended by striking Code Section 7-3-8, relating to licenses, applications, and fees of industrial loan companies, in its entirety and inserting in its place a new Code Section 7-3-8 to read as follows:
"7-3-8. All persons engaged in the business of making loans of $3,000.00 or less in the State of Georgia, unless expressly exempted therefrom, shall be required to obtain a license under this chapter. Application for license shall be made to the Commissioner in writing, under oath, on forms prescribed by the Commissioner and shall give the location from which the business is to be conducted and shall give the names of the persons connected with the business together with any other information required by the Commissioner. The application shall be accompanied by a fee of $60.00 $250.00 to cover the cost of investigation of the applicant and by a license fee of $300.00; provided, however, tnc license ice on all licenses issued on of alter duly ~t snail we JploO.UO JpoOO-OO. oaid license shall expire on the last day of the calendar year in which granted, subject to renewal pursuant to Code Section 7-3-10. The Commissioner shall collect fees and costs as provided in this chapter and shall issue his receipt for all sums collected by him and periodically, not less than once in each quarter of each year, at such times as may be convenient, shall pay into the state treasury all sums collected by him."
Section 2. Said chapter is further amended by striking subsection (c) of Code Section 7-3-10, relating to the requirement of a license for each location and the display of such license, in its entirety and inserting in its place a new subsection (c) to read as follows:
"(c) Every licensee shall, on or before December 20 of each year, pay to the Commissioner the sum of $300.00 $500.00 for each license held by him as an annual license fee for the succeeding calendar year."
Section 3. Part 2 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured homes, is amended by striking subsection (f) of Code Section 8-2-135, relating to licenses of manufacturers who build, sell, or offer for sale manufactured homes, in its entirety and inserting in its place a new subsection (f) to read as follows:
(f) During such time as the Commissioner's office is acting as a primary inspection agency pursuant to Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued thereunder, every manufacturer who manufactures manufactured homes in Georgia shall pay to the Commissioner a manufacturing inspection fee for each manufactured home manufactured in Georgia, irrespective of whether the manufactured home is offered for sale in this state. This manufacturing fee shall be applied as follows: $12.00 $15.00 for each single-wide unit; $15.00 $20.00 for each double-wide unit, with two transportable sections; and $25.00 for each triple-wide unit, with three transportable sections. For any reinspection, an $8.00 a $10.00 additional fee shall be charged."
Section 4. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards, is amended by adding immediately following

THURSDAY, FEBRUARY 27, 1992

1641

Code Section 25-2-4, relating to the adoption of rules and regulations by the Safety Fire Commissioner, a new Code Section 25-2-4.1 to read as follows:
"25-2-4.1. The Commissioner is authorized to assess and collect, and persons so assessed shall pay in advance to the Commissioner, fees and charges under this chapter as follows:
(1) Anhydrous ammonia transportation or storage permit.........................$ 100.00

(2) Annual license for manufacture of explosives other than fireworks......................................................................................................... 100.00

(3) Annual license for manufacture, storage, or transport of fireworks......................................................................................................... 1,000.00

(4) Carnival license............................................................................................ 100.00

(5) Certificate of occupancy............................................................................. 100.00

(6) Construction plan review:

(A) Bulk storage construction...................................................................... 100.00

(B) Building construction, 10,000 square feet or less .............................. 100.00

(C) Building construction, more than 10,000 square feet............................... .015 per
square foot

(D) Other construction.................................................................................. 100.00

(7) Fire sprinkler contractor certificate of competency............................... 100.00

(8) Liquefied petroleum gas storage license:

(A) 2,000 gallons or less................................................................................ 100.00

(B) More than 2,000 gallons......................................................................... 500.00

(9) New building construction inspection:

(A) 80 percent completion, 100 percent completion, and first fol-

low-up..................................................................................................

none

(B) Second follow-up..................................................................................... 100.00

(C) Third and each subsequent follow-up ................................................. 150.00

(10) Purchase, storage, sale, transport, or use of explosives other than fireworks:

(A) 500 pounds or less................................................................................... 50.00

(B) More than 500 pounds........................................................................... 100.00

(11) Self-service gasoline station permit........................................................... 100.00"

Section 5. Said chapter is further amended by striking subsections (a) and (c) of Code Section 25-2-14, relating to buildings presenting special hazards to persons or property, in their entirety and inserting in their respective places new subsections (a) and (c) to read as follows:
"(a) Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which come under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local

1642

JOURNAL OF THE HOUSE,

fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started. All such plans and specifications submitted as required by this subsection shall be accompanied by a $100.00 fee for screening fee in the amount provided in Code Section 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner."
"(c) Every building or structure which comes under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which comes under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall have a certificate of occupancy issued by the state fire marshal, the proper local fire marshal, or the state inspector before such building or structure may be occupied. Such certificates of occupancy shall be issued for each business establishment within the building, shall carry a flat rate charge ef $60.00 charge in the amount provided in Code Section 25-2-4.1, shall state the occupant load for such business establishment or building, shall be posted in a prominent location within such business establishment or building, and shall run for the life of the building, except as provided in subsection (d) of this Code section."

Section 6. Said chapter is further amended by striking subsection (d) of Code Section 25-2-17, relating to the regulation of the manufacture and transportation of explosives, in its entirety and inserting in its place a new subsection (d) to read as follows:
"(d) No person shall manufacture, transport, use, sell, or store explosives without having first obtained a license therefor issued by the Commissioner in accordance with reasonable rules established by him. The Commissioner is authorized to make reasonable rules providing for the issuance of such licenses on an annual basis to those applicants who have observed and may be expected to observe safety rules lawfully made under this Code section. Graded fees for such licenses may shall be established, wtth a minimum nf go OQ and a- maximum of 60 00 which fcc3 shall fee paid to the 3tatc fire marshal aftd by hn paid into the state treasury as provided in Code Section 25-2-4.1. The permits for the use only of explosives may be issued by judges of the probate courts or other local elected officials whom the Commissioner may designate. Fees for such permits to use explosives shall be $1.00 $2.00 for each permit issued, which fee shall be retained by the issuing local official."

Section 7. Title 33 of the Official Code of Georgia Annotated, relating to the regula-

tion of insurance, is amended by striking subsection (a) of Code Section 33-2-32, relating

to the fee schedule of individuals or corporations having bonds or securities on deposit,

in its entirety and inserting in its place a new subsection (a) to read as follows:

"(a) Each corporation or individual, of whatever name or class, which now has or

which may hereafter have bonds or securities on deposit as the law provides, is required,

on or before January 15 of each year, to pay the Commissioner a fee based en the fei-

lowing schedule:

Aggrcga-te amomrt ef bends ef securities

Fee

Net eve? $26,000.00 . Net ever $60,000.0 . Net ever $100,000.00............................................................................................................
Wlft'H (
fees in amounts as provided in Code Section 33-8-1."

20.00

Section 8. Said title is further amended by striking subsection (a) of Code Section 33-4-4, relating to service of process on alien or foreign insurers, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) In addition to other methods of service provided by law, a foreign or alien insurer may be served with legal process by service of duplicate copies of the legal process on the agent for service designated under Code Section 33-4-3 or upon the Commissioner. At the time of service the plaintiff shall pay the Commissioner $15.00 a fee in an amount as provided in Code Section 33-8-1, taxable as cost in the action. Upon

THURSDAY, FEBRUARY 27, 1992

1643

receiving such service the Commissioner shall promptly forward a copy of such service by registered or certified mail to the person last so designated by the insurer to receive the same."
Section 9. Said title is further amended by striking paragraph (2) of Code Section 33-5-22, relating to the licensing of surplus line brokers, in its entirety and inserting in its place a new paragraph (2) to read as follows:

the license is in force in an amount as provided in Code Section 33-8-1;".

Section 10. Said title is further amended by striking subsection (d) of Code Section 33-5-34, relating to venue of actions against unauthorized insurers issuing surplus line policies, in its entirety and inserting in its place a new subsection (d) to read as follows:
"(d) Duplicate copies of legal process against the insurers shall be served upon the Commissioner and at time of service the plaintiff shall pay the Commissioner $16.00 a fee in an amount as provided in Code Section 33-8-1, taxable as costs in the action. The Commissioner shall immediately mail one copy of the process so served to the person designated by the insurer in the policy for the purpose, by registered or certified mail with return receipt requested."

Section 11. Said title is further amended by striking in its entirety Code Section 33-8-1, which reads as follows:
"33-8-1. The Commissioner shall collect in advance, and persons so served shall pay in advance to the Commissioner, fees, licenses, and miscellaneous charges as follows:
(1) Certificate of authority:

(A) Filing application for original certificate of authority, including the filing with the Commissioner of all documents incidental thereto....................................................................................$ 100.00

(B) Issuance of original certificate of authority..................................... 25.00

(C) Reinstatement fee (not applicable to annual renewals in ordinary course)......................................................................................

50.00

(2) Charter documents:

(A) For filing with the Commissioner of other charter documents not filed in connection with application for certificate of authority...........................................................................................

25.00

(B) Filing with the Commissioner amendment to charter documents or to bylaws...........................................................................

25.00

(3) Annual license fees for the following: property, casualty, surety, life, and accident and sickness agents for any one class or combination of all classes...................................................................

20.00

(4) Annual license fees for the following: solicitors, brokers, counselors, and adjusters.................................................................................

20.00

(5) Examination for the following: property, casualty, surety, and allied lines for any one class or combination of all classes........... 15.00

(6) Examination for the following: life and accident and sickness for any one class or combination of all classes...................................... 15.00

(7) Examination for the following: solicitors, brokers, counselors, and adjusters........................................................................................ 15.00

(8) Reexamination of the above categories, each....................................... 15.00

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JOURNAL OF THE HOUSE,

(9) Each vending machine licensed each year, under Code Section

33-23-54.................................................................................................

5.00

(10) Surplus line broker, annual license fee as provided in Code Section 33-5-22........................................................................................... 300.00

(11) Agent's certificate of authority, annual fee as provided for in

Code Sections 33-23-15 and 33-23-69...............................................

5.00

(12) Agent status or clearance letter, each...................................................

3.00

(13) Annual license fees for sales of variable annuity contracts............... 20.00

(14) Annual license fees for sales of variable life insurance contracts........ 20.00",

and inserting in its place a new Code Section 33-8-1 to read as follows: "33-8-1. The Commissioner is authorized to assess and collect in advance, and per-
sons so assessed shall pay in advance to the Commissioner, fees and charges under this title as follows:
(1) Unless specifically provided otherwise, for each certificate of authority, original license, renewal of a certificate of authority, or renewal of a license:

(A) Agent, subagent, counselor, or adjuster (new license) ......................$ 50.00

(B) Agent, subagent, counselor, or adjuster (license renewal)................ 50.00

(C) Agent certificate of authority for subagent........................................ 5.00

(D) Automobile self-insurance..................................................................... 100.00

(E) Captive insurance company:

Original license or certificate...................................................................... 600.00

Renewal license or certificate ..................................................................... 500.00

(F) Continuing care provider....................................................................... 75.00

(G) Duplicate certificate of authority, license, or permit........................ 25.00

(H) Farmers mutual fire insurance company:

Original license or certificate...................................................................... 500.00

Renewal license or certificate..................................................................... 25.00

(I) Fraternal benefit society:

Original license or certificate...................................................................... 600.00

Renewal license or certificate ..................................................................... 500.00

(J) Health maintenance organization:

Original license or certificate...................................................................... 600.00

Renewal license or certificate ..................................................................... 500.00

(K) Insurer certificate of authority for agent............................................ 10.00

(L) Life, accident, and sickness insurance company:

Original license or certificate...................................................................... 600.00

Renewal license or certificate..................................................................... 500.00

THURSDAY, FEBRUARY 27, 1992

1645

(M) Managing general agent:

Original license or certificate...................................................................... 600.00

Renewal license or certificate ..................................................................... 500.00

(N) Multiple employer self-insurance plan................................................ 400.00

(O) Premium finance company (full power).............................................. 500.00

(P) Premium finance company (limited power)........................................ 300.00

(Q) Preneed funeral service company......................................................... 25.00

(R) Prepaid legal services plans .................................................................. 500.00

(S) Private review agents:

Original license or certificate...................................................................... 1,000.00

Renewal license or certificate..................................................................... 500.00

(T) Property and casualty insurance company:

Original license or certificate...................................................................... 600.00

Renewal license or certificate ..................................................................... 500.00

(U) Nonprofit organizations (medical service, hospital service, or health care corporation):

Original license or certificate...................................................................... 600.00

Renewal license or certificate..................................................................... 500.00

(V) Rating or advisory organization............................................................ 100.00

(W) Reinsurance intermediary..................................................................... 50.00

(X) Surplus lines broker............................................................................... 300.00

(Y) Third-party administrators:

Original license or certificate...................................................................... 500.00

Renewal license or certificate ..................................................................... 400.00

(Z) Title insurance company:

Original license or certificate...................................................................... 600.00

Renewal license or certificate..................................................................... 500.00

(AA) Utilization review agent........................................................................ 200.00

(BB) Each vending machine licensed under Chapter 23 of this title......................................................................................................

25.00

(CC) Workers' compensation group self-insurance fund:

Original license or certificate...................................................................... 600.00

Renewal license or certificate ..................................................................... 500.00

(2) Bond or security deposits:

(A) Not over $5,000.00..................................................................................

4.00

(B) Not over $10,000.00................................................................................

8.00

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JOURNAL OF THE HOUSE,

(C) Not over $25,000.00................................................................................ 15.00

(D) Not over $50,000.00................................................................................ 25.00

(E) Over $50,000.00 but less than $100,000.00.......................................... 40.00

(F) $100,000.00 or more ................................................................................ 50.00

(3) Examination fee for agent's, subagent's, counselor's, or adjuster's license................................................................................................ 25.00

(4) Application fee for agent's, subagent's, adjuster's, or counselor's license.......................................................................................................

15.00

(5) Status letter for agent, subagent, counselor, or adjuster ...................... 10.00

(6) For the following filings:

(A) Bylaws amendments............................................................................... 25.00

(B) Certification of annual statement........................................................ 10.00

(C) Certification of examination report..................................................... 10.00

(D) Certification of other documents .........................................................

5.00

(E) Charter amendments.............................................................................. 25.00

(F) Education course provider (original filing)......................................... 100.00

(G) Education course provider (renewal filing)........................................ 50.00

(H) Education course or program ............................................................... 10.00

(I) Education course instructor.................................................................... 10.00

(J) Financial statement................................................................................. 50.00

(K) Form A..................................................................................................... 5,000.00

(L) Form A exemption.................................................................................. 1,000.00

(M) Form B .................................................................................................... 500.00

(N) Form B exemption ................................................................................. 100.00

(O) Individual risk rate or form .................................................................. 10.00

(P) Insurance policy form............................................................................. 25.00

(Q) Insurance rate filing............................................................................... 75.00

(R) Listing of licensed agents, subagents, counselors, or adjusters....... 1,000.00

(S) Listing of insurer's certificates of authority filed for agents............

5.00

(T) Listing of agent's certificates of authority filed for subagents........

5.00

(U) List of licensees or permit or certificate holders other than agents, subagents, counselors, or adjusters.....................................

40.00

(V) License, permit, or certificate of authority amendment................... 25.00

(W) Late fee for filings................................................................................. 15.00

(X) Registration of risk retention groups.................................................. 100.00

(Y) Registration of purchasing groups........................................................ 100.00

THURSDAY, FEBRUARY 27, 1992

1647

(Z) Filing of other documents...................................................................... 50.00
(AA) Amendment of filings............................................................................ 25.00
(BB) Service of process.................................................................................... 15.00"
Section 12. Said title is further amended by striking subsection (a) of Code Section 33-8-3, relating to the license fees of insurance companies generally, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) Each and every insurance company, domestic, foreign, or alien, carrying on an insurance business in Georgia shall pay to the Commissioner, annually in advance, on or before July 1, a license fee in the sm ef- $400.00 an amount as provided in Code Section 33-8-1, which payment shall be in lieu of all other license fees of said companies. Foreign companies entering the state and domestic companies beginning business at any time during the license year as fixed by this Code section shall pay said license fee in full for the remaining portion of that license year; provided local fee insurance compa-
4-ii-lp qV>nll r\ay ny. curpiinl fpp of <j?OK AA "
Section 13. Said title is further amended by striking subsection (b) of Code Section 33-9-12, relating to licensing of rating organizations, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) The fee for filing an application for license as a rating organization is $100.00 shall be an amount as provided in Code Section 33-8-1, payable in advance to the Commissioner."
Section 14. Said title is further amended by striking Code Section 33-9-15, relating to the annual license fees of rating organizations, in its entirety and inserting in its place a new Code Section 33-9-15 to read as follows:
"33-9-15. Notwithstanding Code Section 33-9-14, each rating organization possessing a license of indefinite term pursuant to such Code section shall owe and pay to the Commissioner an annual fee ef $60.00 as provided in Code Section 33-8-1 in advance on account of such license until its final termination. Such fee shall be for periods commencing on July 1 of each year and ending on June 30 and shall be due and payable on March 1 of each year and shall be delinquent on April 1 of each year."
Section 15. Said title is further amended by adding immediately following subsection (c) of Code Section 33-9-18, relating to requirements for the conduct of operations by advisory organizations, a new subsection (d) to read as follows:
"(d) Each advisory organization shall pay an annual fee as provided in Code Section 33-8-1."
Section 16. Said title is further amended by adding immediately following subsection (c) of Code Section 33-9-19, relating to requirements for the conduct of operations by groups engaging in joint underwriting and joint reinsurance, a new subsection (d) to read as follows:
"(d) Each joint underwriting and joint reinsurance organization shall pay an annual fee as provided in Code Section 33-8-1."
Section 17. Said title is further amended by adding immediately following subsection (f) of Code Section 33-9-21, relating to the filing of rates, rating plans or systems, or underwriting rules, a new subsection (g) to read as follows:
"(g) Filings required pursuant to this Code section shall be accompanied by a fee or fees as provided in Code Section 33-8-1."
Section 18. Said title is further amended by adding immediately following subsection (d) of Code Section 33-13-6, relating to the power of the Commissioner to examine books and records of insurers, a new subsection (e) to read as follows:
"(e) All filings and registrations required by this Code section shall be accompanied by a fee or fees as provided in Code Section 33-8-1."

1648

JOURNAL OF THE HOUSE,

Section 19. Said title is further amended by striking subsection (e) of Code Section 33-15-24, relating to licenses required for agents of fraternal benefit societies, in its entirety and inserting in its place a new subsection (e) to read as follows:
"(e) The Commissioner may issue a license to any person who has paid an annual license fee ef $20.00 as provided in Code Section 33-8-1 and who has complied with the requirements of this Code section authorizing the licensee to act as an insurance agent on behalf of any society named in the license which is authorized to do business in this state."
Section 20. Said title is further amended by striking Code Section 33-16-5, relating to the annual license fee of a farmers' mutual fire insurance company, in its entirety and inserting in its place a new Code Section 33-16-5 to read as follows:
"33-16-5. Farmers' mutual fire insurance companies shall pay no annual fees or charges other than an annual license fee of $26.00 as provided in Code Section 33-8-1."
Section 21. Said title is further amended by striking subsection (b) of Code Section 33-22-3, relating to the requirement of a license for the transaction of the business of financing insurance premiums, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) The annual license fee shall be $260.00 as provided in Code Section 33-8-1. Licenses may be renewed from year to year as of March 1 of each year upon payment of the fee ef $260.00 as provided in Code Section 33-8-1. The fee for said license shall be paid to the Commissioner for use by the state."
Section 22. Said title is further amended by striking Code Section 33-23-10, relating to the registration of foreign insurance representatives of domestic life insurers, in its entirety and inserting in its place a new Code Section 33-23-10 to read as follows:
"33-23-10. A natural person not a resident of this state may be registered to represent an authorized life insurer domiciled in this state, provided such person only represents the insurer exclusively at a United States military installation located in a foreign country. The Commissioner may, upon request of the insurer on application forms furnished by the Insurance Department and upon payment of an annual registration fee ef $26.00 as provided in Code Section 33-8-1, issue a certificate of registration to the person. An official of the insurer shall certify to the Commissioner that the applicant has the necessary training to hold himself out as a foreign life or accident and sickness insurance representative; and the official of the insurer shall further certify on behalf of his or her insurer that it is willing to be bound by the acts of such applicant within the scope of his or her employment. Such certificate shall expire as of December 31 succeeding the date of its issuance unless it is terminated at an earlier time in accordance with this article and Chapter 2 of this title."
Section 23. Said title is further amended by striking subsection (c) of Code Section 33-23-15, relating to the requirement of a certificate of authority for agents representing insurers, in its entirety and inserting in its place a new subsection (c) to read as follows:
"(c) The fee for each agent's certificate of authority or renewal or duplicate certificate shall be $6.00 as provided in Code Section 33-8-1."
Section 24. Said title is further amended by adding immediately following subsection (b) of Code Section 33-23-16, relating to the notification of the Commissioner of the termination of an agent's certificate of authority, a new subsection (c) to read as follows:
"(c) Each notice of termination shall be accompanied by a fee as provided in Code Section 33-8-1."
Section 25. Said title is further amended by striking subsection (c) of Code Section 33-23-69, relating to the application by an insurer for a certificate of authority for an agent, in its entirety and inserting in its place a new subsection (c) to read as follows:
"(c) The fee for each agent's certificate of authority or renewal or duplicate thereof shall be $MQ as provided in Code Section 33-8-1."

THURSDAY, FEBRUARY 27, 1992

1649

Section 26. Said title is further amended by adding immediately following subsection (b) of Code Section 33-23-70, relating to the notification of the Commissioner of the termination of an agent's certificate of authority, a new subsection (c) to read as follows:
"(c) Each notice of termination shall be accompanied by a fee as provided in Code Section 33-8-1."
Section 27. Said title is further amended by adding immediately following subsection (e) of Code Section 33-24-9, relating to the approval or disapproval of forms, a new subsection (f) to read as follows:
"(f) Each filing made pursuant to this Code section shall be accompanied by a fee or fees as provided in Code Section 33-8-1."
Section 28. Said title is further amended by striking subsection (b) of Code Section 33-35-4, relating to the licenses required for sponsors of prepaid legal services plans, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) The annual license fee shall be $260.00 as provided in Code Section 33-8-1. The fee for the license shall be paid to the Commissioner for the use of the state on or before March 1 of each year."
Section 29. Said title is further amended by striking subsections (b) and (c) of Code Section 33-40-4, relating to risk retention groups not chartered in this state, in their entirety and inserting in their respective places new subsections (b) and (c) to read as follows:
"(b) Before offering insurance in this state, a risk retention group shall submit to the Commissioner:
(1) A statement identifying the state or states in which the risk retention group is chartered and licensed as a casualty or liability insurance company, date of chartering, its principal place of business, and such other information, including information on its membership, as the Commissioner may require to verify that the risk retention group is qualified under this chapter;
(2) A copy of its plan of operations or a feasibility study and revisions of such plan or study submitted to its state of domicile; provided, however, that the provision relating to the submission of a plan of operation or a feasibility study shall not apply with respect to any line or classification of liability insurance which was defined in the Product Liability Risk Retention Act of 1981 before October 27, 1986, and which was offered before such date by any risk retention group which had been chartered and operating for not less than three years before such date; and
(3) A statement of registration which designates the Commissioner as its agent for the purpose of receiving service of legal documents or process?; and
(4) A fee or fees as provided in Code Section 33-8-1, which shall accompany such statements and plans required under paragraphs (1), (2), and (3) of this subsection. (c) Any risk retention group doing business in this state shall submit to the Commissioner:
(1) A copy of the group's financial statement submitted to its state of domicile, which shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by a member of the American Academy of Actuaries or a qualified loss reserve specialist approved by the Commissioner;
(2) A copy of each examination of the risk retention group as certified by the Commissioner or public official conducting the examination;
(3) Upon request by the Commissioner, a copy of any audit performed with respect to the risk retention group; a4
(4) Such information as may be required to verify its continuing qualification as a risk retention group under this chapter: ; and
(5) A fee or fees as provided in Code Section 33-8-1, which shall accompany such copies required under paragraphs (1) and (2) of this subsection."
Section 30. Said title is further amended by adding immediately following subsection (b) of Code Section 33-40-15, relating to purchasing group requirements, a new subsection (c) to read as follows:

1650

JOURNAL OF THE HOUSE,

"(c) The notice and registration required by subsections (a) and (b) of this Code section shall be accompanied by a fee or fees as provided in Code Section 33-8-1."
Section 31. Said title is further amended by striking Code Section 33-43-8, relating to the review and approval of medicare supplement advertisements by the Commissioner, in its entirety and inserting in its place a new Code Section 33-43-8 to read as follows:
"33-43-8. (a) Every insurer, health care service plan, or other entity providing medicare supplement insurance or benefits in this state shall provide a copy of any medicare supplement advertisement intended for use in this state whether through written, radio, or television medium to the Commissioner for review and approval by the Commissioner.
(b) Each copy of an advertisement submitted as required by subsection (a) of this Code section shall be accompanied by a fee or fees as provided in Code Section 33-8-1."
Section 32. Said title is further amended by striking paragraph (2) of Code Section 33-45-4, relating to the administration of Chapter 45 of Title 33 by the Department of Insurance, in its entirety and inserting in its place a new paragraph (2) to read as follows:
"(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 m the amount ef $76.00 as provided in Code Section 33-8-1 for each facility; (B) At the time of renewal of a certificate of authority, a renewal fee i the
amount ef $76.00 as provided in Code Section 33-8-1 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;".
Section 33. Said title is further amended by striking subsection (a) of Code Section 33-46-5, relating to certificate application fees for private review agents, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) An applicant for a certificate shall submit an application on a form prescribed by the Commissioner and pay an application fee ef- $26.00 and a certificate fee of $400.00 as provided in Code Section 33-8-1. The application shall be signed and verified by the applicant."
Section 34. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 33-46-6, relating to the expiration and renewal of certificates of private review agents, in its entirety and inserting in its place a new paragraph (2) to read as follows:
"(2) Pays to the Commissioner the renewal fee m the amount ef $400.00 as provided in Code Section 33-8-1;".
Section 35. All laws and parts 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 Ahernathy Y Adams
Aiken Y Alford Y Ashe N Atkins Y Baker
Balkcom N Barfoot N Bargeron

Y Barnett.B Y Barnett.M N Bates N Beatty Y Benetield
Birdsong N Blitch
Bordeaux Y Bostick
Branch

N Breedlove Y Brooks Y Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrelt

Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.G N Davis.M
Dixon.H Y Dixon.S

THURSDAY, FEBRUARY 27, 1992

1651

Y Diibbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd,.I.W
Flynt N Godbee Y Golden
Goodwin E Green
Greene N Griffin
Groover Hamilton Y Hammond Manner Y Harris.B Y Harris,.] Heard Y Henson Y Herbert Y Holland

Y Holmes Y Howard N Hudson Y Irwin Y Jackson N Jamieson Y Jenkins Y Jones Y Kilgore Y King N Kingston Y Klein Y Ladd Y Lane.D N Lane.R
Langford N Lawrence Y' Lawson Y Lee Y Long
Lord Y Lucas N Mann Y Martin Y McBee Y McCoy

Y McKelvey McKinney,B McKinney.C
N Meadows Merritt
Y Milam E Mills Y Mobley
Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C E Oliver,M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston N Poag

Porter Poston Y Powell,A Y Powell.C N Presley Y Purcell Randall Ray Y Reaves Y Redding N Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith.L Y Smith.P Smith.T Y Smith.W Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley

Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest N Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White N Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 117, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Hamilton of the 124th and Goodwin of the 63rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, 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 1939. By Representatives Walker of the 115th, Murphy of the 18th, Watson of the 114th, Kilgore of the 42nd, Lee of the 72nd and others:
A bill to amend Code Section 50-13-19 of the Official Code of Georgia Annotated, relating to judicial review of contested cases under the "Georgia Administrative Procedure Act," so as to change provisions relating to the standard for judicial review of the evidentiary support for decisions of the Public Service Commission.
Referred to the Committee on Judiciary.

HB 1942. By Representatives Watson of the 114th, Selman of the 32nd and Byrd of the 153rd:
A bill to amend Code Section 10-9-4 of the Official Code of Georgia Annotated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Congress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alcoholic beverages for consumption on the premises of the projects of or under the control of the authority.
Referred to the Committee on Industry.

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

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JOURNAL OF THE HOUSE,

HB 1254.

By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1254

The Committee of Conference on HB 1254 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1254 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Sonny Perdue Senator, 18th District

/s/ Kenneth W. Birdsong Representative, 104th District

/s/ Jack Hill Senator, 4th District

/s/ Homer Jay Walker III Representative, 113th District

/s/ Pete Robinson Senator, 16th District

/s/ Marvin Adams Representative, 79th District

A BILL
To amend an Act providing for a board of commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday except as specifically provided; to provide that the board shall be authorized to retain a county attorney; to provide that preference shall be given to those attorneys who are residents of Twiggs County; to provide for the compensation and duty of such county attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for a board of commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, is amended by adding, following Section 5, a new Section 5.1 to read as follows:
"Section 5.1. The board of county commissioners shall not meet or conduct any official business on Sunday unless such Sunday meeting is deemed necessary and approved by a majority of the members at least 72 hours prior to the date of such meeting and unless prior notice of such meeting is given as provided by law."
Section 2. Said Act is further amended by striking Section 13 of said Act which reads as follows:
"Sec. 13. Be it further enacted by the authority aforesaid, That said board of county commissioners is hereby authorized and empowered to retain and employ a competent attorney at law, and said board is authorized to pay such attorney a retainer fee not to exceed one hundred and fifty dollars per annum, to be paid quarterly out of the county funds of Twiggs County, and such attorney shall receive such other compensation as may be agreed upon by him and said board. It shall be the duty of said county attorney to represent the county in all legal matters in which said county may be interested; and he shall be the legal adviser of said board and shall attend the meetings of said board when requested.",

THURSDAY, FEBRUARY 27, 1992

1653

and inserting in lieu thereof a new Section 13 to read as follows: "Section 13. The board of county commissioners is authorized to retain and employ
a competent attorney at law as a county attorney and pay such attorney a retainer fee not to exceed $150.00 per annum, to be paid quarterly out of the county funds of Twiggs County. In retaining such county attorney, preference shall be given to those attorneys who are residents of Twiggs County. Such attorney shall receive such other compensation as may be agreed upon by such attorney and the board of commissioners. It shall be the duty of the county attorney to represent the county in all legal matters in which the county may be interested and said attorney shall be the legal adviser of the board of commissioners and shall attend the meetings of the board of commissioners when requested to do so by the board of commissioners."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Birdsong of the 104th moved that the House adopt the report of the Committee of Conference on HB 1254.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources and Environment has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1439 Do Pass, by Substitute HB 1516 Do Pass HR 898 Do Pass

SB 522 Do Pass SR 481 Do Pass SB 618 Do Pass

Respectfully submitted,
/s/ Patten of the 149th 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 1068.

By Representative Orrock of the 30th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide that a licensed clinical social worker is authorized to certify the need for involuntary emergency treatment of a person who is mentally ill, mentally retarded, an alcoholic, a drug dependent individual, or a substance abuser.

Representative Carrell of the 65th moved that HB 1068 be placed upon the table. On the motion to table, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken
Alford N Ashe Y Atkins

N Baker Balkcom
N Barfoot N Bargeron Y Barnett.B Y Barnett.M

N Bates Y Beatty Y Benefield Y Birdsong N Blitch N Bordeaux

N Bostick Branch
Y Breedlove N Brooks N Brown Y Brush

N Buck Y Buckner N Byrd N Campbell
Canty Y Carrell

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JOURNAL OF THE HOUSE,

Y Carter N Cauthorn Y Chafin Y Chambless
Cheeks N Childers Y Clark.E N Clark.L Y Coker Y Coleman Y Colwell N Connell N Culbreth N Cummings.B N Cummings.M N Davis.D
Davis.G Y Davis.M
N Dixon.H Y Dixon.S Y Dobhs
Dover
Y Dunn N Edwards N Elliott N Felton Y Fennel
N Floyd.J.M Floyd.J.W
Y Flvnt

Godhee N Golden Y Goodwin E Green
Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner Y Harris.B N Harris.J Y Heard N Henson Y Herbert N Holland N Holmes
Howard
N Hudson N Irwin
N .Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd N Lane.D

Y Lane.R Y Langford Y Lawrence N Lawson YLee Y Long
Lord Lucas YMann N Martin N McBee
Y McCoy N McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt Y Milam E Mills
Y Mobley N Moody Y Morsberger N Moultrie N Mueller Y Oliver.C E Oliver.M N Orr N Orrock
N Padgett Y Parham

On the motion, the ayes were 79, nays 72. The motion prevailed.

Y Parrish Y Patten Y Pelote N Perry Y Pettit Y Pinholster
Pinkston Y Poag
Porter Poston N Powell.A Y Powell.C Y Presley Y Purcell N Randall
Y Ray N Reaves N Redding Y Ricketson N Royal N Selman N Sherrill
Simpson Sinkfield
N Skipper Y Smith.L Y Smith.P
Smith,!' Y Smith.W N Smyre

Y Snow N Standl.F Y Standl.S N Stanley Y Streat N Taylor N Teper Y Thomas,C N Thomas,M N Thomas,N Y Thurmond Y Titus N Tolbert Y Townsend
Turnquest Y Twiggs N Valenti
Y Vaughan N Walker.J
N Walker.L N Wall N Watson Y Watts
White Y Wilder
N Williams.B N Williams.J
Williams.R N Yeargin
Murphy,Spkr

The Speaker assumed the Chair.

HB 1378.

By Representatives Lawson of the 9th and Thomas of the 69th:
A bill to amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that any computerized index relating to a public record shall be printed for purposes of public inspection no less than every 20 days and that any correction made on such index shall be made a part of the printout and shall reflect the time and date that said index was corrected.

The following Committee substitute was read:

A BILL
To amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that any computerized index of a county real estate record shall be printed for purposes of public inspection no less than every 30 days and that any correction made on such index shall be made a part of the printout and shall reflect the time and date that said index was corrected; 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 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended by redesignating subsection (c) as subsection (d) and inserting a new subsection (c) to read as follows:
"(c) Any computerized index of a county real estate record shall be printed for purposes of public inspection no less than every 30 days and any correction made on such index shall be made a part of the printout and shall reflect the time and date that said index was corrected."

THURSDAY, FEBRUARY 27, 1992

1655

Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Lawson of the 9th and Thomas of the 69th move to amend the Committee substitute to HB 1378 as follows:
On page 1 line 17 by striking the word "record" and by inserting the words "deed records".
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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove
Y Brooks Y Brown Y Brush Y Buck Y Buckner
Y Byrd Y Campbell
Canty Y Carrell
Y Carter Y Cauthorn Y Chafin
Y Chambless Cheeks
Y Childers

Y Clark.E Clark.L
Y Coker Y' Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M
Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Griffin Y Groover Y Hamilton
Y Hammond Manner
Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee Y Long
Lord Lucas Y Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Merritt Y Milam

E Mills Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C E Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y* Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag
Porter Poston
Y Powell.A Y Powell.C Y Presley Y Purcell
Y Randall Ray
Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith,L Y Smith.P
Smith.T Y Smith.W Y Sinyre Y Snow Y Stancil.F Y Slancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti
Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder
Y Williams.B Y Williams.J
Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1290.

By Representatives Branch of the 137th, Kilgore of the 42nd, Harris of the 96th, Teper of the 46th and Lane of the lllth:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors and utility contractors, so as to provide for the licensing and regulation of roofing contractors.

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JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the licensing and regulation of roofing contractors; to provide for legislative purpose; to provide for definitions; to provide for an additional Division of Roofing Contractors; to change certain provisions relating to the composition, organization, officers, and powers of the board; to change certain provisions relating to powers and duties of the divisions of the board; to provide for license application, examination, issuance, and renewal; to provide for certain notifications; to change certain provisions relating to applicability and exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking Code Section 43-14-1, relating to the declaration of legislative purpose, and inserting in its place a new Code Section 43-14-1 to read as follows:
"43-14-1. This chapter is enacted for the purpose of safeguarding homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage wiring, utility contracting, roofing contracting, or conditioned air installations. The practice of electrical contracting, plumbing contracting, installing, or repairing, low-voltage contracting, utility contracting, roofing contracting, and conditioned air contracting are declared to be businesses or professions affecting the public interest; and this chapter shall be liberally construed so as to accomplish the purposes stated in this Code section."
Section 2. Said chapter is further amended by striking paragraph (12.1) of Code Section 43-14-2, relating to definitions, and inserting in lieu thereof new paragraphs (12.1), (12.2), and (12.3) to read as follows:
"(12.1) 'Roofing contracting' means the installation, alteration, service, repair, or coating of a roof of an existing building or structure but shall not include the installation of a roof in conjunction with the construction of a new residential building or structure.
(12.2) 'Roofing contractor' means an individual who is engaged in roofing contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform roofing contracting under express or implied contract. An employee of a roofing contractor who receives only a salary or hourly wage for performing roofing contracting shall not be required to be licensed under this chapter, except that those employees upon whom the qualification of a partnership or corporation rests pursuant to Code Section 43-14-8.4 shall be licensed.
(12.1) (12.3) 'Telecommunication system' means a switching system and associated apparatus which performs the basic function of two-way voice or data service, or both, and which can be a commonly controlled system capable of being administered both locally and remotely via secured access."
Section 3. Said chapter is further amended by striking subsections (c) and (d) of Code Section 43-14-3, relating to the creation of the State Construction Industry Licensing Board, and inserting in their respective places new subsections (c) and (d) to read as follows:
"(c) The board shall be composed of 37 32 members as follows: (1) Five members known as the Division of Electrical Contractors, one of whom
shall be a consulting engineer engaged in electrical practice, another of whom shall be the chief electrical inspector of a county or municipality and shall have served in such

THURSDAY, FEBRUARY 27, 1992

1657

office for five years immediately preceding his appointment, and the remaining three of whom shall be engaged in the electrical contracting business;
(2) Five members known as the Division of Master Plumbers and Journeyman Plumbers, one of whom shall be a full-time plumbing inspector of a county or municipality, three of whom shall be master or contracting plumbers, and one of whom shall be a journeyman plumber;
(3) Five members known as the Division of Conditioned Air Contractors, two of whom shall be licensed professional engineers, two of whom shall be conditioned air contractors with more than five years of installation and service experience in the trade, and one of whom shall be both an experienced, licensed professional engineer and a conditioned air contractor;
(4) Five members known as the Division of Low-voltage Contractors, one of whom shall be an alarm system low-voltage contractor, one of whom shall be an unrestricted low-voltage contractor, one of whom shall be a telecommunication system low-voltage contractor, one of whom shall be a professional electrical engineer, and one of whom shall be the chief electrical inspector of a county or municipality;
(5) Five members known as the Division of Utility Contractors, three of whom shall be utility contractors, one of whom shall be a registered professional engineer, and one of whom shall be an insurance company representative engaged primarily in the bonding of construction projects; and-
(6) Five members known as the Division of Roofing Contractors, three of whom shall be roofing contractors, one of whom shall be a professional engineer, and one of whom shall be the chief building inspector of a county or municipality; and
{ ) (7) Two members who shall not have any connection with the electrical contracting, plumbing, or conditioned air contracting businesses whatsoever but who shall have a recognized interest in consumer affairs and consumer protection concerns, (d) AH (1) Except as provided in paragraph (2) of this subsection, all members shall be appointed by the Governor, subject to confirmation by the Senate, for initial terms beginning upon the effective date of this chapter and ending June 30, 1987. Members of the Division of Low-voltage Contractors shall be appointed by the Governor, subject to confirmation by the Senate, for initial terms beginning July 1, 1984, and ending June 30, 1987. Members of the Division of Utility Contractors shall be appointed by the Governor, subject to confirmation by the Senate, for initial terms beginning July 1, 1989, and ending June 30, 1992. After these initial terms, successors shall be appointed by the Governor, subject to confirmation by the Senate, for terms of four years beginning July 1 of the year in which the incumbent members' terms expire.
(2) The initial members of the Division of Roofing Contractors shall be appointed by the Governor, subject to confirmation by the Senate, for initial terms beginning July l_j 1992, and ending June 30, 1996. Successors shall be appointed by the Governor, subject to confirmation by the Senate, for terms of four years beginning July 1^ of the year in which the incumbent members' terms expire."
Section 4. Said chapter is further amended by striking subsection (b) of Code Section 43-14-4, relating to the election of a chairman of the State Construction Industry Licensing Board, and inserting in its place a new subsection (b) to read as follows:
"(b) The office of chairman shall be rotated among the five six divisions enumerated in Code Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairman shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the previous chairman."
Section 5. Said chapter is further amended by striking Code Section 43-14-5, relating to the powers of the State Construction Industry Licensing Board, and inserting in its place a new Code Section 43-14-5 to read as follows:
"43-14-5. The board shall have the power to: (1) Request from the various state departments and other agencies and authorities
of the state and its political subdivisions and their agencies and authorities such avail-
able information as it may require in its work; and all such agencies and authorities

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shall furnish such requested available information to the board within a reasonable time;
(2) Provide by regulation for reciprocity with other states in the registration and licensing of electrical contractors, master plumbers, journeyman plumbers, low-voltage contractors, utility contractors, roofing contractors, or conditioned air contractors and in the certification of utility contracting foremen, provided that such other states have requirements substantially equal to the requirements in force in this state for registration, licensure, and certification; provided, further, that a similar privilege is offered to residents of this state;
(3) Adopt an official seal for its use and change it at pleasure; (4) Establish the policies for regulating the businesses of electrical contracting, plumbing, low-voltage, utility, roofing, and conditioned air contracting; and (5) Promulgate and adopt rules and regulations necessary to carry out this chapter."
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 43-14-6, relating to the duties of the various divisions of the board, and inserting in its place a new subsection (a) to read as follows:
"(a) The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to engage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers; the Division of Low-voltage Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of low-voltage contracting; the Division of Utility Contractors with respect to applicants for a license to engage in or licensees engaging in the business of utility contracting and with respect to applicants for a certificate to engage in or certificate holders engaging in the business of a utility contracting foreman; afwi the Division of Conditioned Air Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air contracting; and the Division of Roofing Contractors, with respect to applicants for a license to engage in or licensees engaging m the business of roofing contracting, shall:
(1) Examine all applicants for licenses to practice the profession. Examinations shall be prepared in such a manner as to test the knowledge, skill, and efficiency of the applicants; and such examinations shall be based on the applicable state minimum standard codes and, in the case of low-voltage contractors, upon such additional information deemed necessary by the division licensing such contractors in order to protect the safety and welfare of the public;
(2) Subject to this paragraph, prepare examinations within the state at least twice each year and grade such applicants taking the examinations. The Division of Electrical Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical installations which do not exceed 200 amperes, and Class II licenses shall be unrestricted. The Division of Master Plumbers and Journeyman Plumbers shall prepare separate examinations for Master Plumber Class I, Master Plumber Class II, and Journeyman Plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwellings designed for not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. The Division of Conditioned Air Contractors shall prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted. The Division of Lowvoltage Contractors shall prepare separate examinations for Low-voltage Contractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage contracting, Class LV-T licenses shall be restricted to telecommunication and general system low-voltage contracting, Class

THURSDAY, FEBRUARY 27, 1992

1659

LV-G licenses shall be restricted to general system low-voltage contracting, and Class LV-U licenses shall be unrestricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting;
(3) Register and license or grant a certificate and issue renewal licenses and renewal certificates biennially to all persons meeting the qualifications for a license or certificate. The following licenses or certificates shall be issued by the divisions:
(A) Electrical Contractor Class I; (B) Electrical Contractor Class II; (C) Master Plumber Class I; (D) Master Plumber Class II; (E) Journeyman Plumber; (F) Conditioned Air Contractor Class I; (G) Conditioned Air Contractor Class II; (H) Low-voltage Contractor Class LV-A; (I) Low-voltage Contractor Class LV-T; (J) Low-voltage Contractor Class LV-G; (K) Low-voltage Contractor Class LV-U; (L) Utility contracting foreman (certificate); and (M) Utility contractor; and (N) Roofing contractor; (4) Investigate, with the aid of the joint-secretary, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession; (5) After notice and hearing, have the power to reprimand any person or licensee, or to suspend, revoke, or cancel the license or certificate of competency of or refuse to grant, renew, or restore a license or certificate of competency to any person or licensee upon any one of the following grounds: (A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license requirements of this chapter or the rules and regulations of the board; (B) Failure at any time to comply with the requirements for a license under this chapter; (C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the licensee unsafe or unfit to practice his profession licensed under this chapter; (D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public;
(E) Knowingly performing any act which in any way assists an unlicensed person to practice his profession;
(F) Violating, directly or indirectly, or assisting in or abetting any violation of any provision of this chapter or any rule or regulation of the board;
(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage contracting, utility contracting, roofing contracting, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the standards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low-voltage contracting, utility contracting, roofing contracting, or conditioned air work; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked;
(H) With respect to utility contractors, the bidding by such a utility contractor in excess of license coverage; or
(I) With respect to utility contractors, violations of Chapter 9 of Title 25;
(6) Review amendments to or revisions in the state minimum standard codes as prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department

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of Community Affairs shall be required to provide to the joint-secretary a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and
(7) Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter."
Section 7. Said chapter is further amended by adding immediately following Code Section 43-14-8.3, relating to the certification of utility contracting foremen, a new Code section to be designated Code Section 43-14-8.4, to read as follows:
"43-14-8.4. (a) For purposes of this Code section only, 'division' means the 'Division of Roofing Contractors.'
(b) On and after July 1, 1993, no person shall engage in roofing contracting unless such person has a valid license therefor from the Division of Roofing Contracting.
(c) Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application to the board, satisfactorily completes the examination required by this chapter, and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a statewide Roofing Contractor license.
(d) The decision of the division as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, or corporations desiring to engage in the vocation of roofing contracting after July 1, 1993, shall take or have taken the examination and qualified under this Code section before engaging in such vocation.
(e) On and after July 1, 1993, no partnership or corporation shall have the right to engage in the business of roofing contracting unless there is regularly connected with such partnership or corporation a person or persons, actually engaged in the performance of such business on a full-time basis and supervising the roofing contracting work of all employees of such partnership or corporation, who have valid licenses issued to them as provided in this chapter. In cases where a partnership or corporation has more than one office location from which roofing contracting is performed, at least one person stationed in each branch office of such partnership or corporation, engaged in the performance of roofing contracting on a full-time basis and supervising the roofing contracting work of all employees of such branch office locations, shall have a valid license issued as provided in this Code section.
(f) It shall be the duty of all partnerships and corporations qualified under this Code section to notify the division, in accordance with board rules, of severance of connection with such partnership or corporation of any person or persons upon whom the qualification of any such partnership or corporation rested.
(g) (1) All applicants for examinations and licenses provided for by this Code section and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the division, which form shall show whether or not the applicant is an individual, partnership, or corporation and, if a partnership or corporation, the names and addresses of the partners or the names and addresses of the officers, when and where formed or incorporated, and such other information as the division in its discretion may require. All forms of application for renewal of licenses shall also show whether or not the applicant, if it is a partnership or corporation, still has connected with it a duly qualified person holding a license issued by the division.
(2) An applicant shall include his safety policy or the safety policy of his corporation or partnership. An approved safety policy is required before an applicant will be issued a license. The safety policy shall provide the details of regularly scheduled safety meetings for all field personnel.
(h) The division shall notify each local governing authority of the provisions of this
chapter relating to licensure, especially the provisions of subsection (b) of this Code section. The division shall notify such governing authorities that after July 1, 1993, any person desiring a license to engage in the vocation of roofing contracting shall be
required to pass an examination as provided in this chapter.

THURSDAY, FEBRUARY 27, 1992

1661

(i) It shall be unlawful for any contracting body to open or consider any bid for roofing contracting unless the bidder has obtained the license required by this Code section and evidenced by the roofing contractor license number written on the face of the bid envelope.
(j) As a condition to the renewal of licenses, the division may require licensees to complete certain hours of continuing education in safety and technical training."
Section 8. Said chapter is further amended by striking Code Section 43-14-15, relating to the applicability of said chapter, and inserting in its place a new Code Section 43-14-15 to read as follows:
"43-14-15. (a) This chapter shall apply to all installations, alterations, and repairs of plumbing, roofs, air-conditioning and heating, or electrical or low-voltage wiring or utility systems within or on public or private buildings, structures, or premises except as otherwise provided in this Code section.
(b) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical services, except low-voltage wiring services or utility systems, up to and including the meters where such work is performed by and is an integral part of the system owned or operated by a public service corporation or the electrical, water, or gas department of any municipality in this state, in rendering its duly authorized service as such.
(c) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, or electrical systems, except low-voltage wiring systems, or utility systems where such work is performed and is an integral part of the system owned or operated, in rendering its duly authorized service as such, by a railroad company, pipeline company, mining company, or public utility or municipal utility in the exercise of its normal functions as a public utility or where such work is an integral part of any irrigation system on farms, ranches, or other open, unpopulated areas where such work will not be located within 30 feet of any dwelling or any building devoted to animal husbandry.
(d) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing fixtures, air-conditioning and heating, air-conditioning and heating fixtures, roofs, utility systems, or electrical or low-voltage wiring services in a single-family dwelling owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(e) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, roofs, utility systems, or electrical or low-voltage wiring services in a farm or ranch building owned or occupied by him; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(f) This chapter shall not prohibit an individual employed on the maintenance staff of a facility owned by the state or by a county, municipality, or other political subdivision from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, roofs, utility systems, or electrical or low-voltage wiring services when such work is an integral part of the maintenance requirements of the facility; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board.
(g) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, roofs, utility systems, or electrical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections.
(h) This chapter shall not apply to low-voltage wiring performed by public utilities, except that such portion of the business of those public utilities which involves the installation, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter."

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Section 9. Said chapter is further amended by striking subsections (c) through (f) of Code Section 43-14-16, relating to exceptions from the operation of said chapter, and inserting in their respective places new subsections (c) through (f) to read as follows:
"(c) This chapter shall not apply to any individual owner or lessee performing plumbing or related services or roofing upon residential property owned or leased by him and at which he resides.
(d) This chapter shall not apply to regular, full-time employees of an institution, manufacturer, or business who perform plumbing, electrical, low-voltage wiring, utility contracting, roofing, or conditioned air work unless the employer is engaged in the practice of plumbing, electrical, low-voltage wiring, utility contracting, roofing contracting, or conditioned air contracting. Such employees are only exempt when working on the premises of that employer.
(e) Any person who holds a license issued to him under this chapter may engage in the business of plumbing, electrical contracting, low-voltage contracting, utility contracting, roofing contracting, or conditioned air contracting, but only as prescribed by the license, throughout this state; and, except as provided in Code Section 43-14-13, no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county.
(f) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, roofs, or electrical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections."
Section 10. The provisions of this Act shall become effective upon the necessary funding to carry out its purposes being specifically appropriated by the General Assembly.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ahernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker
Balkcom N Barfoot Y Bargeron Y Barnett.B Y Barnett,M N Bates Y Beatty Y Benetield
Birdsong Y Blitch Y Bordeaux Y Bustick
Branch N Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner
Byrd Y Campbell
Canty Y Carrell

Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E
Clark.L Coker Y Coleman N Colwell Y Connell Y Culbreth Cummings.B Y Cummings.M Davis.D Davis,G N Davis.M Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W N Flynt

Y Godbee Y Golden Y Goodwin E Green
Greene N Griffin Y Groover Y Hamilton N Hammond
Manner Y Harris.B Y Harris,J N Heard Y Henson
Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin N Jackson Y Jamieson
Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D

Y Lane.R Langford
Y Lawrence N Lawson NLee
Long Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B McKinney,C N Meadows Merritt Y Milam E Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C E Oliver.M YOrr Y Orrock Y Padgett Y Parham

Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag
Porter Poston N Powell.A Y Poweli.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Skipper Y Smith.L Y Smith.P Smith.T Y Smith.W Y Smyre

THURSDAY, FEBRUARY 27, 1992

1663

Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor

Y Teper Y Thomas.C Y Thomas.M Y Thomas,N Y Thurmond Y Titus

Y Tolbert Y Townsend
Turnquest N Twiggs
Valenti Y Vaughan

Walker,! Y Walker.L Y Wall Y Watson Y Watts
White

N Wilder Y Williams.B Y Williams.J
Williams,R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 123, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 "nay" thereon.

Representative Reaves of the 147th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1597.

By Representatives Martin of the 26th, Parham of the 105th, Parrish of the 109th, Childers of the 15th, Hamilton of the 124th and others:
A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," so as to change the definition of certain terms; to provide a rebuttable presumption that the full cost of care shall be imposed initially.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," so as to change the definition of certain terms; to provide a rebuttable presumption that the full cost of care shall be imposed initially; to change the definition of the term "patient"; to provide for the possibility of a charge for any care or treatment which may be provided to one who is cared for or treated in a facility which is under the jurisdiction of the Department of Human Resources but which may not be a hospital; to extend liability when a third party has extended beneficial coverage to a patient; to change the provisions relating to assessment of persons liable for cost of care generally; to change the provisions relating to standards for determination of assessments for less than full cost of care; to eliminate a retroactive examination of assets so as to avoid a manipulation or dissipation of assets after an assessment is made; to remove ambiguous language so that negotiated settlements do not act as a bar for charges for future treatment or care; to provide that the Department of Human Resources shall adopt and comply with procedures to inform adequately patients and other persons determined liable for the cost of care of their right to hearings and of their right to request reassessments; to enable the department to require an authorization for a more comprehensive review of assets and liabilities; to change the provisions relating to use of assets other than income for determination of assessments; to provide that following six months of continuous inpatient hospitalization, the Department of Human Resources is expressly authorized to levy an assessment for the full cost of care against the assets of all patients having assets in excess of certain amounts until such assets are reduced to a certain level; to provide a certain exception; to provide that the department shall not be required to expend public funds for the purpose of providing support, care, and treatment covered under this Act to any patient until such patient has exhausted all other existing or future private, public, local, state, or federal programs or plans; to provide that before the department expends public funds for a patient's cost of care, the department may assess and recover the cost of a patient's care from the patient or other persons liable for such patient's cost

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of care if such patient is eligible for benefits under any other program or plan; to change the provisions relating to payment of cost of care from insurance, plans, or benefits; to expressly authorize the department to accept federally funded health and medical payments which may exceed the cost of care; to authorize the department to function as a participating member hospital and to be subrogated for recovery purposes against a multiplicity of parties; to provide for applicability of certain provisions of this Act; to repeal a certain provision relating to the deposit of funds collected; 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 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," is amended by striking in its entirety Code Section 37-9-2, relating to definitions, and inserting in lieu thereof a new Code Section 37-9-2 to read as follows:
"37-9-2. As used in this chapter, the term: (1) 'Assessment' means a determination by the department of the amount payable
by the persons liable for cost of care for services rendered to a patient; such amount shall be either the full cost of care or, if applicable, the amount payable toward cost of care, determined in accordance with the requirements of Code Section 37-9-5. It is expressly provided that there shall be a rebuttable presumption that the full cost of care is to be imposed. This presumption shall prevail until testimony, documentation, or evidence is provided pursuant to other provisions of this chapter.
(2) 'Cost of care' means the costs incurred for the support, care, and treatment of each individual patient or the per patient average of such costs as determined by the department on the basis of the estimated current operating costs of the hospital or an identifiable part or section thereof providing such services.
(3) 'Income,' except for patients who are residents of other states, 'Income' means that amount determined by adding to the gross income as now or hereafter defined in Georgia income tax laws, minus deductions and personal exemptions as authorized by such income tax laws, the following items listed in this paragraph, if such items are not already included in gross income as defined above. For a patient who is a resident of another state, 'income' means the same as above except no deductions will be made for any deductions or personal exemptions as authorized by Georgia income tax laws. The following items are to be added, respectively:
(A) Any amounts received by or on behalf of the person liable for cost of care from accident insurance or workers' compensation for total or partial incapacity to work, plus the amount of any damages received by or on behalf of the person liable for cost of care, whether by suit or agreement, on account of such injuries or sickness;
(B) The net income from property acquired by gift, bequest, devise, or descent; (C) Interest upon obligations of the United States government or of this state or of a political subdivision thereof; (D) The net income from individual holdings of stock in banks and trust companies incorporated under the banking laws of this state or of the United States; (E) Retirement income, social security benefits, veterans' benefits, and any other benefits that could be applied for the support of the patient; (F) The net income from any other assets, including but not limited to personal property, real property, or mixed property, and any other property or estate wherever located and in whatever form, inclusive of any assets sold or transferred within a period of 90 days prior to the date services were first rendered to the patient by a hospital. (4) 'Patient' means any person who is admitted to or who receives services from a state hospital. (5) 'Persons liable for cost of care' means: (A) The patient or his estate; (B) The patient's spouse; (C) The parent or parents of any patient under 18 years of age;

THURSDAY, FEBRUARY 27, 1992

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(D) Any fiduciary or representative payee holding assets for the patient or on his behalf, including, in his representative capacity, the guardian, trustee, executor, or administrator of any trust, estate, inheritance, or fund in which a patient has a legal or beneficial interest; -
(E) Any person, if not otherwise liable, listed as the insured member of a contract, plan, or benefit to the extent that such contract, plan, or benefit provides payment of hospitalization, medical expenses, and other health care services for the patient as a covered beneficiary or dependent;
(F) A stepparent or any other person residing with and providing support of a patient under 18 years of age who has not been legally adopted by such individual, with maximum liability limited to the amount such stepparent or other individual is authorized by Georgia income tax laws to claim as a standard deduction and personal exemption for the patient; provided, however, that this limitation shall not apply to liability pursuant to other provisions of this chapter regarding hospital, health, and other medical insurance, program, or plan benefits or subrogation rights. (6) 'State hospital' means any state hospital which now or hereafter comes under the control of the Division of Mental Health, Mental Retardation, and Substance Abuse of the department and any facility operated in conjunction herewith therewith."
Section 2. Said chapter is further amended by striking in its entirety Code Section 37-9-5, relating to the assessment of persons liable for cost of care generally, and inserting in lieu thereof a new Code Section 37-9-5 to read as follows:
"37-9-5. (a) The department shall determine all persons who are liable for the cost of care of a patient and notify such persons of their joint and several liability and of their assessment. Such notice shall offer opportunity for any person so notified to be heard to show cause, if there be any, why such person should not be liable for payment of the assessment.
(b) When the department determines that persons legally liable for the cost of care of a patient do not have sufficient income or assets to pay the entire cost of care, the department shall determine for each such person the amount payable toward cost of care which shall be a fair and equitable amount based on ability to pay determined in accordance with the requirements of Code Section 37-9-6. When applicable, the notice provided for in subsection (a) of this Code section shall reflect as the assessment the amount payable toward cost of care provided for in this chapter; and if a hearing is requested by any person receiving such notice, such person may question his liability for cost of care as well as the amount of his assessment. Failure of the patient or other persons liable for cost of care to provide finanical financial information to the department required to determine assessments on the basis of ability to pay in accordance with the requirements of Code Section 37-9-6 or failure of the patient or other persons liable for cost of care to cooperate with the department in obtaining payment of any insurance or health benefits available for a patient may result in assessment of such persons of the full cost of care of the patient. Failure of the patient or other persons liable for cost of care to cooperate with the department in applying on behalf of the patient for federal benefits and insurance, program, or plan benefits in order that a determination may be made of eligibility for such benefits may also result in assessment of such persons of the full cost of care of the patient and the burden of providing information to reduce the full cost of care is on the patient or other persons liable for cost of care.
(c) Any investigation or hearing regarding ability to pay shall not operate to deny or delay admission of a patient to a hospital or to deny or delay providing services for such patient.
(d) It shall be the duty of the department to reexamine the assessment periodically and either reduce or increase such assessment as hereinafter provided in accordance with changes in the ability to pay of the person liable for cost of care. If the department determines that the economic circumstances of a person liable for cost of care have improved to an extent justifying an increase in the assessment, any such increase shall apply only to cost of care for services rendered for the patient after the effective date of the increase in assessment and no such increase shall cause the assessment to exceed the total cost of care. The department may not increase an assessment as provided in

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this Code section without affording the person liable for cost of care an opportunity for a hearing on the question of the increase in the assessment. A person liable for cost of care may apply to the department for a change in the assessment when the person's economic circumstances have changed sufficiently to affect adversely his future ability to pay. If an assessment for services previously rendered for a patient is being paid in accordance with a scheduled plan of payments approved by the department, then a reduction in assessment because of a change in the economic circumstances affecting adversely the ability to pay of the person liable for cost of care may apply to that portion of the assessment for services previously rendered for the patient which remain unpaid as of the date of the reduction of the assessment as well as to the assessment for cost of services rendered after the date of the reduction. However, no such reduction shall require the refund of any payments made on an assessment prior to the date of the reduction of the assessment. After investigation and hearing, the department shall act upon the application made by the person liable for cost of care. Any redetermination of the assessment pursuant to this subsection shall be subject to the requirements of Code Section 37-9-6. Notwithstanding any reexamination or corresponding adjustment of an assessment which might be afforded, each assessment shall be valid for a period of 12 months from the date of the initial assessment or any reassessment thereafter. No reduction, increase, or opportunity for hearing shall be allowed after the assessment period.
OT care of a portion thereof may otter to tnc department ttt writing a proposed agree* mcnt whereby such person agrees to pay an assessment specified in such proposed agreement. If the department finds that such proposed agreement is satisfactory and that the assessment specified therein is in conformity with the standards promulgated by the
of the assessment specified therein in We of conducting a hearing and making and entering 8fi order of ftssessment Dflsed upofi tne cVIQence produced ftt ft neflnng. 1 ris department may accept payment for full cost of care if any person liable for cost of care offers such payment in lieu of declaring financial circumstances and having an assessment determined by hearing. Any assessment made pursuant to the authority of this subsection shall be subject to redetermination as provided by subsection (d) of this Code section if requested by the person liable for cost of care.
\i) w ticn a person liable tor cost or care nas paid tn tun an assessment tor cost of care, sucn person snail not nave any lurtricr obligation to tnc state of to tnc department for the payment of cost ef eafe for services included in the paid assessment. The department shall adopt and comply with procedures to inform adequately patients and other persons determined liable for the cost of care of their right to hearings and of their right to request reassessments."
Section 3. Said chapter is further amended by striking in its entirety Code Section 37-9-6, relating to standards for determination of assessments for less than full cost of care, and inserting in lieu thereof a new Code Section 37-9-6 to read as follows:
"37-9-6. The board shall establish standards for determining assessments when such assessments are less than the full cost of care. Such standards shall be based on the income, assets, and other circumstances of the persons liable for cost of care and shall include consideration of the number of dependents, as defined under Georgia income tax law and regulations; legal rights to payment under any insurance agreement, and other evidence of ability to pay; but no assessment shall be fixed or collected on the basis of any assets exempted by subsection (b) of Code Section 37-9-8. In determining assessments for persons liable for cost of care, the department shall develop procedures to ensure that no dependent, deduction, or personal exemption as defined by Georgia income tax law will be reflected more than once in the determination of assessments for any one patient. In establishing standards to determine such assessments, the board shall adopt criteria to be applied uniformly to all persons liable for cost of care; except that the board may adopt separate criteria for assessing monthly benefits or funds from any source to cover cost of care, support, and treatment provided to patients who are hospitalized for longer than three months and whose current needs, as defined by the

THURSDAY, FEBRUARY 27, 1992

1667

___ ___ Administration, are being met. However, the board shall ensure that the assessment made each month shall allow the recipients of such benefits or funds to retain at a minimum an amount as a personal allowance equal to the amount of the personal needs allowance allowed beneficiaries under the state medical assistance plan. Further, such Such standards will include special provisions for assessing mentally retarded respite care admissions under Code Section 37-4-21 or any other respite program allowed by law or duly adopted departmental regulations, where such admissions are legally limited to 56 days of care a year. To the extent practicable, such criteria shall ensure that persons having the same or substantially the same financial ability to pay cost of care shall have the same or substantially the same financial obligation to pay such cost of care."
Section 4. Said chapter is further amended by striking in its entirety Code Section 37-9-7, relating to the authority of the department to determine income and assets, and inserting in lieu thereof a new Code Section 37-9-7 to read as follows:
37-9-7. (a) The department, through its duly authorized agents, shall have the authority to investigate or otherwise determine the income and assets of the patient or his estate and when necessary the income and assets of all other persons liable for the cost of care of such patient in order to determine ability to pay cost of care. All persons liable for cost of care must provide signed consent forms necessary to authorize and conduct an investigation to determine the income and assets of such persons in order to determine ability to pay cost of care. The department shall further have the authority to contract with any person, firm, or corporation which it finds necessary to provide the information appropriate to the carrying out of its duties under this chapter.
(b) The department shall require declarations to be filed by the patient or other persons liable for cost of care necessary to determine the assessments required by this chapter and shall prescribe the form and content thereof. All such declarations are to be regarded as essential to carrying out the public policy of this state; and any person who knowingly falsifies such declarations shall be charged as for false swearing. Failure by the patient or other persons liable for cost of care to (1) provide information required by such declarations or (2) provide signature of consent for the department to conduct an investigation authorized by subsection (a) of this Code section shall create a rebuttable presumption that the patient or other persons liable for cost of care consent to and agree with the assessment of the full cost of care, and the declaration shall contain on its face, conspicuously and in clear language, a statement to that effect.
(c) The department, through its duly authorized agents, shall have access to Georgia income tax records for the purpose of obtaining necessary information to enforce this chapter. Upon the request of the department or its duly authorized agents, the state revenue commissioner and his agents or employees shall disclose such income tax information contained in any report or return required under Georgia law as may be necessary to enforce the provisions of this chapter. Any tax information secured from the federal government by the Department of Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information or tax returns under the authority of this subsection shall be considered either an officer or employee as those terms are used in subsection (a) of Code Section 48-7-60; and as such an officer or employee, any person receiving any tax information or returns under the authority of this subsection shall be subject to Code Section 48-7-61.
(d) Any evidence, records, or other information obtained by the department or its duly authorized agents pursuant to the authority of this Code section shall be confidential and shall be used by the department or its agents only for the purposes of enforcing this chapter and shall not be released for any purpose other than a hearing provided for by this chapter.
(e) The department shall develop procedures to ensure that persons with no other documentation or evidence may sign an affidavit attesting to their indigent financial status."

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Section 5. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 37-9-8, relating to use of assets other than income for determination of assessments, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The following assets of a person liable for cost of care shall be exempt from subsection (a) of this Code section:
(1) Real property which qualifies for a homestead exemption from ad valorem taxation; and
(2) Any other real property which constitutes the principal residence of the person liable for cost of care but which does not qualify for a homestead exemption under paragraph (1) of this subsection; and
43) Any trthe? assets p te a total vakte ef- $10,000.00. (c) Effective July 1^ 1992, and notwithstanding any other provisions of this Code section, following six months of continuous inpatient hospitalization, the department is expressly authorized to levy an assessment for the full cost of care against the assets of all patients having assets in excess of amounts allowed by the eligibility resource limit for institutionalized residents established by Title XIX of the federal Social Security Act of 1935, as amended, and regulations promulgated pursuant thereto, until said assets are reduced to a level which would establish resource eligibility under such program for the patient; provided, however, that the assets listed in subsection (b) of this Code section shall be exempt from such assessment if said assets would also be an excluded resource under eligibility criteria of Title XIX of the federal Social Security Act."
Section 6. Said chapter is further amended by striking in its entirety Code Section 37-9-9, relating to payment of cost of care from insurance, plans, or benefits, and inserting in lieu thereof a new Code Section 37-9-9 to read as follows:
"37-9-9. Notwithstanding any other provisions of law, the department shall not be required to expend public funds for the purpose of providing support, care, and treatment covered under this chapter to any patient until such patient has exhausted his or her eligibility and receipt of benefits under all other existing or future private, public, local, state, or federal programs or plans. Before the department expends public funds for a patient's cost of care, the department may assess and recover the cost of a patient's care from the patient or other persons liable for such patient's cost of care if such patient is eligible for benefits under any other program or plan. In the event the patient is covered by an insurance contract or any other plan or benefit of any nature providing for payment of hospitalization, medical expenses, and other health care services or any combination thereof, such patient or other person liable for the cost of care of such patient shall pay or cause to have paid from such insurance, plan, or benefit without deduction, exemptions, or credits, the full cost of care of the patient, or that portion thereof covered by such insurance, plan, or benefit. The assessment for cost of care of the patient made by the department pursuant to Code Section 37-9-5 shall be for the total amount payable by such insurance, plan, or benefit up to the total cost of care or for that portion of cost of care payable by such insurance, plan, or benefit; and if the proceeds from such insurance, plan, or benefit are less than the total cost of care, such assessment shall include an assessment based on the remaining balance, except where full payment of the balance or a portion thereof is required by a health insurance program or other plan or benefit, in which case the balance or at least the required portion thereof will be the assessment. Further, the department shall comply with all federally funded health and medical insurance programs which require established amounts payable by beneficiaries and is authorized to accept amounts payable toward cost of care under any insurance program, plan, or benefit if paid according to the provisions of such programs, plans, or benefits even though the amounts payable may exceed cost of care amounts as provided by this chapter. The department shall develop procedures to apply the provisions of this chapter, specifically Code Section 37-9-5, to any amounts which remain payable by the patient or beneficiaries under a federally funded health and medical insurance program, provided that the application of any such procedures does not invalidate payment of benefits under the program. For the purpose of carrying out this Code section, the department is authorized to accept assignment of benefits payable under such insurance, plans, or benefits; but the department shall not require the

THURSDAY, FEBRUARY 27, 1992

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assignment of such benefits as a condition precedent to the admission of a patient to a hospital or as a condition precedent to providing services for such patient. In order to collect maximum benefits payable toward cost of care, the department is authorized to contract with any insurance program, plan, or benefit to become a participating member hospital if payments are not made or are made at a lesser than full coverage amount to nonparticipating members. Moreover, the department or its designated agents will have subrogation rights to the recovery of a patient's cost of care that the patient or other person liable for the patient's cost of care may have against any person, estate, organization, entity, or plan. Further, if any patient or other person liable for the cost of a patient's care receives benefits or funds in settlement, judgment, or otherwise for any health care, medical expenses, or hospitalization or other care directly related to services and care provided by the department to a patient, the patient or other person liable for cost of care will pay or cause to have paid the full cost of care or that portion thereof recovered which is directly related to the care provided by_ the department. This right of subrogation is cumulative and in addition to any other remedy and this right shall be available for any enforcement or collection process which is contemplated under other provisions of this chapter."
Section 7. Said chapter is further amended by striking in its entirety Code Section 37-9-12, relating to the deposit of funds collected by the department, which reads as follows:
"37-9-12. All funds collected by the department pursuant to this chapter shall be paid into the general fund of the state treasury.", and inserting in lieu thereof the following:
"37-9-12. Reserved."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernulhy Y Adams N Aiken
All'urtl Y Ashe N Atkins V Maker
Hiilki'om N Burton! N Baryemn Y Biimrti.B N HnriH'tt.M Y Bates N Bentty Y Beiielield
N Blltch Y Bordea Y Bos-tick
Branch N Brepdlove Y Brooks N Brown N Brush Y Buck N Buckner N Byrtl N t'afflpbd N Canty

N Cnrrrll N Curler N CHUthorn Y Chnl'in N' ('humbles*
Cheeks Y Childers
N Clnrk.E N Clark.L N Coker
Colemao N Culwell Y Cunnell Y Culbrpth N CumminKs.B Y Cummin&js.M
Davis.i)
N Davis.G N Davis.M N Dixun.H Y Dixcm.S Y Dohlis. N Oliver N Dunn Y Edwards N Elliotl N Felton Y Fennel N Floyd.J.M

N Kloyd.J.W N Flynt N God bee Y Golden Y' Goodwill E Green
Greene N Griffin Y Groover Y Hamilton N Hammond
Manner N Harris.B Y Harris..) N Heard Y Hensot Y Herber N Hollan 1 Y Holme N Howar 1 Y Hudso N Irwin
N .lamieson
N Jones Y Kilgore Y Kirns N Kingston

N Klein
N Udd l.ane.1)
N Une,H N I,anford *N Lawrence
Lawson Y Lee Y Lnn
Lord Y LUCBB N Mann Y Martin Y MtBee N Mct'ov Y McKeivey
McKinney.B McKinney.C N Meadow Merritt N Milam E Mills N Mohley
Moody Y Morsherger N Moultrie N Mueller
N Ollver.C E Oliver.M

YOrr Y Orroek
Y Pd(tett Y Parham
Y Parrlsh Y Patten N Pelole N Perry Y Petti't N Plnholsler Y Pinkstcm N Poau N Porter
Ponton N Powell.A Y Puwell.C N Presley N Purcell Y Randall
N Ray N Heaves Y Redding Y Rickctson Y Royal N Selman Y Sherrill N 8impon N Sinkfield Y Skipper

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JOURNAL OF THE HOUSE,

N Smith.L Y Smith.P
Smith.T N Smith.VV Y Smyre N Snow Y Stancil.K

N Stancil.S Stanley Streat
N Taylor Y Teper N Thomas.C N Thomas.M

N Thomas.N Thurmond
N Titus N Tolbert N Townsend
Turnquest N Twiggs

Y Valenti N Vaughan Y Walker.J Y Walker.L
Wall Y Watson Y Watts

White Y Wilder N Williams.B N Williams.J
Williams.R N Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 64, nays 87.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

Representative Williams 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.

Representative Martin of the 26th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1597.

HB 277. By Representatives Abernathy of the 39th, Randall of the 101st, Smyre of the 92nd, Townsend of the 24th and Lupton of the 25th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to require persons to keep firearms in a locked container or in another reasonably secure manner.

The following Committee substitute was read:

A BILL
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for the offense of criminal storage of a firearm; to provide for legislative findings and intent; to provide for a short title; to provide definitions; to provide penalties for keeping a loaded firearm within accessibility of a minor who obtains such firearm and causes death or bodily injury; to provide for exceptions; to provide for mitigating factors relative to prosecution; to require a specific warning when firearms are sold or transferred; 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 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding at the end thereof a new Part 5 to read as follows:
"Part 5
16-11-170. This part shall be known and may be cited as the 'Firearms Protection for Minors Act.'
16-11-171. (a) The General Assembly finds that a tragically large number of children in Georgia have been accidentally killed or seriously injured by negligently stored firearms. The General Assembly further finds that placing firearms within the reach or easy access of children is dangerously irresponsible, encourages such accidents, and should be prohibited. Therefore, it is the intent of the General Assembly to take legislative action that is necessary to protect the safety of our children.
(b) It is the intent of the General Assembly that adult citizens of this state retain their constitutional right to keep and bear firearms for hunting and sporting activities,

THURSDAY, FEBRUARY 27, 1992

1671

for defense of self, family, home, and business, and as collectibles. Nothing in this part shall be construed to reduce or limit any existing right to purchase and own firearms or to provide authority to any state or local agency to infringe upon the privacy of any ' family, home, or business, except by lawful warrant.
16-11-172. As used in this part, the term: (1) 'Minor' means any person under the age of 14 years. (2) 'Trigger-locking device' means a device which prevents a firearm from func-
tioning and which, when applied to the firearm, renders the firearm inoperable. 16-11-173. Except as provided in Code Section 16-11-174, a person commits the offense of criminal storage of a firearm if he or she keeps any loaded firearm on any premise which is under his or her custody or control and he or she knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of an adult and the minor obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person. Violation of this subsection
shall be punishable as a midemeanor. 16-11-174. The provisions of Code Section 16-11-173 shall not apply whenever any
of the following occur: (1) The minor obtains the firearm as a result of an illegal entry to any premises
by any person; (2) The firearm is kept in a locked container or in a location which a reasonable
person would believe to be secure; (3) The firearm is carried on the person or within such a close proximity thereto
so that the individual can readily retrieve and use the firearm as if carried on the person;
(4) The firearm is equipped with a trigger-locking device;
(5) The person is a peace officer or a member of the armed forces or National Guard and the minor obtains the firearm during or incidental to the performance of the person's duties;
(6) The minor obtains or obtains and discharges the firearm in a lawful act of selfdefense or defense of another person or persons; and
(7) A person who keeps a loaded firearm on any premise which is under his or her custody or control has no reasonable expectation, based on objective facts and circumstances, that a minor is likely to be present on the premise.
16-11-175. (a) If the person who allegedly violated Code Section 16-11-173 is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the district attorney shall consider, among other factors, the impact of the injury or death on the person alleged to have violated Code Section 16-11-173 when deciding whether to prosecute an alleged violation. It is the General Assembly's intent that a parent or guardian of a minor who is injured or who dies as the result of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner or where similarly egregious circumstances exist. This subsection shall not otherwise restrict, in any manner, the factors that a district attorney may consider when deciding whether to prosecute alleged violations of Code Section 16-11-173.
(b) If the person who allegedly violated Code Section 16-11-173 is the parent or guardian of a minor who is injured or who dies as the result of an accidental shooting, no arrest of the person for the alleged violation of said Code section shall occur until at least seven days after the date upon which the accidental shooting occurred. In addition to the limitation contained in this subsection, a law enforcement officer shall consider the health status of a minor who suffers great bodily injury as the result of an accidental shooting prior to arresting a person for a violation of Code Section 16-11-173 if the person to be arrested is the parent or guardian of the injured minor. The intent of this subsection is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured child while the child remains on life-support equipment or is in a similarly critical medical condition.
(c) (1) The fact that a person who allegedly violated Code Section 16-11-173 attended a firearm safety training course prior to the purchase of the firearm that is

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JOURNAL OF THE HOUSE,

obtained by a minor in violation of said Code section shall be considered a mitigating factor by a district attorney when he or she is deciding whether to prosecute the alleged violation.
(2) In any action or trial commenced under this part, the fact that a person who allegedly violated this part attended a firearm safety training course prior to the purchase of the firearm that is obtained by a minor in violation of this part shall be admissible. 16-11-176. (a) Upon the retail commercial sale or retail transfer of any firearm, the seller or transferor shall deliver a written warning to the purchaser or transferee, which warning shall state, in block letters not less than one-fourth inch in height: IT IS UNLAWFUL AND PUNISHABLE BY IMPRISONMENT AND FINE FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR.' (b) Any retail or wholesale store, shop, or sales outlet which sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height: 'IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR.' (c) Any person or business knowingly violating a requirement to provide a warning under this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Poston of the 2nd moves to amend the Committee substitute to HB 277 as follows:
Page 3 line 28, add the following:
(8) The firearm was obtained by the child from a place where there was no reasonable expectation, based on objective facts and circumstances, that a child would have access.

The following amendment was read and adopted:

Representative Twiggs of the 4th moves to amend the Committee substitute to HB 277 as follows:
By striking on line 17 page 2 "14" and inserting "12".

The following amendment was read and adopted:

Representative Orr of the 9th moves to amend the Committee substitute to HB 277 as follows:
1. By changing the semicolon on line 14, page 3 to a comma, and adding immediately thereafter the words "which is properly engaged when access thereto is gained by the minor;".

The following amendment was read and adopted:

Representative Orr of the 9th moves to amend the Committee substitute to HB 277 as follows:
1. By adding on page 3, line 31, immediately following the words "district attorney", the following:

THURSDAY, FEBRUARY 27, 1992

1673

", solicitor or other prosecutor"
and by adding elsewhere in the bill the same added language and punctuation immediately following the words "district attorney" wherever same may appear.

The following amendment was read and adopted:

Representative Abernathy of the 39th moves to amend the Committee substitute to HB 277 as follows:
Pg 2 line 24 add between the word she and keeps the word intentionaly.

The following amendment was read:

Representative Abernathy of the 39th moves to amend the Committee substitute to HB 277 by striking lines 16 through 21 on page 2 and inserting in lieu thereof the following:
"(1) 'Loaded firearm' means a firearm in which there is an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in or attached in any manner to the firearm, including but not limited to in the firing chamber, magazine, or clip attached to the firearm; except that a muzzleloader shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
(2) 'Locked container' means a secure container which is fully enclosed and locked by a padlock, key, lock, combination lock, or similar locking device; such term shall not include the utility or glove compartment of a motor vehicle.
(3) 'Locking device' means a device which temporarily prevents a firearm from functioning.
(4) 'Minor' means any person under the age of 14 years."
By striking line 14 on page 3 and inserting in lieu thereof the following:
"locking device;".
By striking lines 14 through 27 on page 5 and inserting in lieu thereof the following:
'"IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A MINOR, YOU MAY BE FINED OR IMPRISONED, OR BOTH, IF THE MINOR GAINS ACCESS TO AND IMPROPERLY USES THE FIREARM.' (b) Any retail or wholesale store, shop, or sales outlet which sells firearms shall conspicuously post within the premises the following warning in block letters not less than three inches in height: 'IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A MINOR, YOU MAY BE FINED OR IMPRISONED, OR BOTH, IF THE MINOR GAINS ACCESS TO AND IMPROPERLY USES THE FIREARM.'"

The following amendment was read and adopted:

Representative Twiggs of the 4th moves to amend the Abernathy amendment (AM 19 0040) to HB 277 as follows:
By striking "14" on page 1 line 22 and inserting "12".

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JOURNAL OF THE HOUSE,

The following amendment was read:

Representative Jenkins of the 80th moves to amend the Abernathy amendment (AM 19 0040) to HB 277 as follows:
Add, after the word "functioning" on line 21 of page 1 the following:
"including, but not limited to, a factory-installed safety mechanism or device".

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

Y Abernathy Y Adams
N Aiken Alford
N Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove
Y Brooks N Brown Y Brush Y Buck Y Buckner YByrd Y Campbell
Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L N Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B N Cummings,M Y Davis.D Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W N Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin Y Groover Y Hamilton N Hammond Y Manner Y Harris.B
Y Harris.J

Y Heard Y Henson Y Herbert Y Holland N Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
King Y Kingston Y Klein
YLadd Y Lane.D
Y Lane.R N Langford N Lawrence Y Lawson YLee
Long Y Lord N Lucas Y Mann Y Martin Y McBee
Y McCoy Y McKelvey N McKinney.B N McKinney.C N Meadows
Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger N Moultrie N Mueller Y Oliver.C E Oliver,M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
Y Poag Porter
Y Poston
Powell.A Y Powell.C Y Presley Y Purcell N Randall
Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman N Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F
Y Slancil.S Y Stanley Y Street Y Taylor N Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White
N Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Jenkins amendment to the Abernathy amendment, the ayes were 139, nays 20.
The Jenkins amendment to the Abernathy amendment was adopted.

Representative Mills of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following amendment was read and adopted:
Representative Oliver of the 121st moves to amend the Abernathy amendment (AM 19 0040) as follows:
On page 1, line 17, after the word "device;" eliminate the remaining language of subparagraph (2).
And insert the following:

THURSDAY, FEBRUARY 27, 1992

1675

"Such term shall include the locked utility or glove compartment of a motor vehicle."

The Abernathy amendment, as amended, was adopted.

The following amendment was read and adopted:

Representative Campbell of the 23rd moves to amend the Committee substitute to HB 277 as follows:
On page 2, line 26 delete:
"reasonably should know".

On the adoption of the Committee substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams V Aiken
Alford Y Ashe Y Atkins Y Baker
Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M Y Bates N Beatty N Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch N Breedlove Y Brooks Y Brown N Brush Y Buck N Buckner N Byrd Y Campbell Y Canty N Carrell
Carter Y Cauthorn Y Chafin N Chambless N Cheeks N Childers

Y Clark.E N Clark.L Y Coker N Coleman Y Colwell N Connell N Culbreth N Cummings,B Y Cummings.M N Davis.D Y Davis,G N Davis.M Y Dixon.H N Dixon.S Y Dobbs N Dover
Dunn Y Edwards Y Elliott N Felton N Fennel N Floyd.J.M N Floyd.J.W Y Flynt N God bee N Golden Y Goodwin E Green
Greene N Griffin Y' Groover Y Hamilton Y Hammond N Manner N Harris.B Y Harris.J

Y Heard Y Henson Y Herbert N Holland Y Holmes Y Howard Y Hudson Y Irwin N Jackson N Jamieson N Jenkins Y Jones N Kilgore YKing N Kingston Y Klein N Ladd N Lane.D N Lane.R Y Langford N Lawrence N Lawson N Lee
Long N Lord Y Lucas N Mann Y Martin Y McBee N McCoy N McKelvey Y McKinnev.B Y McKinney.C N Meadows
Merritt N Milam

Y Mills N Mobley N Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C E Oliver.M YOrr Y Orrock N Padgett N Parham N Parrish
Patten Y Pelote N Perry N Pettit N Pinholster Y Pinkston N Poag
Porter Y Poston N Powell.A N Powell.C Y Presiey N Purcell Y Randall N Ray N Reaves N Redding N Ricketson N Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

N Skipper N Smith,L Y Smith.P N Smith.T N Smith.W Y Smyre N Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas,N Y Thurmond N Titus N Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall N Watson N Watts Y White Y Wilder N Williams.B Y Williams..) N Williams.R N Yeargin
Murphy.Spkr

On the adoption of the Committee substitute, as amended, the ayes were 83, nays 83. The Chair voted "aye". The ayes were 84, nays 83. 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:

1676

JOURNAL OF THE HOUSE,

V Abernathy N Adams V Aiken Y Alfiird Y Ashe Y Atkins Y Baker
Balkcom N Barloot
N Bareron N Barnett.B N Harnett.M Y Bates
N Beany Y Benel'ield Y Birdsnng Y Blitch Y Bordeaux
Y Bostick Branch
N Breedlove Y Brcioks
Y Brown N Brush Y Buck N Buckner N Byrrt Y ('anipl)ell Y Canty N Carrel I
Carter Y Caul horn Y Chalin N Cham bless N Cheeks N Childers

Y Clark.E N Clark.L Y Coker Y Coleman Y Colwell N Connell N Culbreth Y Cummtngs.B Y Cummings.M N Davis.D Y Davis.G N Davis.M
Y Dixon.H N Dixon.S
N Dobbs N Dover
Dunn
Y Edwards Y Elliott
N Felton N Fennel N Floyd.J.M N Floyd,J.W
Y Flynt N Godbee Y Golden Y Goodwin E Green
Greene N Griffin Y Groover Y Hamilton Y Hammond
N Manner N HarriR.B
Y Harrin.J

Y Heard Y Henson Y Herbert N Holland Y Holmes Y Howard Y Hudson Y Irwin N Jackson N Jamieson N Jenkins
N Jones N Kilgore YKing N Kingston Y Klein Y Ladd
Lane.D
N Lane.R Y Langford N Lawrence N Lawson NLee
Long N Lord Y Lucas N Mann Y Martin Y McBee N McCoy N McKelvey Y McKinnev.B Y McKinney.C N Meadows
Merritt N Milam

Y Mills N Mobley N Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C E Oliver,M YOrr Y Orrock N Padgett
N Parham N Parrish
Patten Y Pelote N Perry Y Pettit N Pinholster
Y Pinkston NPoag Y Porter
Y Poston N Powell.A
N Powell.C Y Preslev N Purcell Y Randall
N Ray N Reaves
Redding N Ricketson N Royal Y Selman Y Sherrill
Y Simpson Y Sitikt'ield

Y Skipper N Smith.L Y Smith.P N Smith.T N Smith.W Y Smyre N Snow Y Stancil.F N Stancil.S
Y Stanley Y Street Y Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titua Y Tolbert
Townsend Y Turnquest Y Twiggs
Y Valenti Y Vaughan Y Walker.J Y Walker,!. N Wall
N Watson N Watts Y White Y Wilder N Williams.!) Y Williams,! N Williairm.R N Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 90, nays 75.
The Chair voted "aye".
The ayes were 91, nays 75. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Jenkins of the 80th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB
277.

The Speaker announced the House in recess until 2:120 o'clock, this afternoon.

THURSDAY, FEBRUARY 27, 1992

1677

AFTERNOON SESSION

The Speaker called the House to order.

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 1676.

By Representative Holland of the 136th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that a motor vehicle liability insurance carrier may tender, and a claimant may accept, the policy limits and such offer and acceptance shall bar certain further claims.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that a motor vehicle liability insurance carrier may tender, and a claimant may accept, the policy limits and such offer and acceptance shall bar certain further claims; to provide that such offer and acceptance shall not bar the insured's recovery under any other policy or the insurer's right to contribution or subrogation; to provide that certain insurance policies shall not prohibit such settlement or require any insurer's permission to settle any claim; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, is amended by inserting immediately following Code Section 33-24-41 the following:
"33-24-41.1. (a) In any instance where a claim arising out of a motor vehicle accident is covered by a liability carrier and is or may be covered by an uninsured motorist carrier, the liability carrier may tender, and the claimant may accept, the liability limits of such policy; and, in the event of multiple claimants, the liability carrier may tender, and the claimants may accept, the liability limits of the liability policy pursuant to a written agreement between or among the claimants. Such claimant or claimants may execute a limited release applicable only to the liability carrier and releasing only such liability carrier from any further claims based on injuries to such claimants including, without limitation, claims for loss of consortium or loss of services asserted by any person.
(b) The limited release of the liability carrier provided for in subsection (a) of this Code section shall not:
(1) Act as a release of the tort-feasor, except to the extent of the policy limits of the liability carrier paid as consideration of the settlement authorized in subsection (a) of this Code section;
(2) Affect any duty the liability carrier owes to its insured, including without limitation the duty to defend;
(3) Bar a claimant's recovery under any other policy of insurance, including without limitation the claimant's uninsured or underinsured motorists coverage; or
(4) Bar any claim by or against the liability carrier for subrogation or contribution. (e) No policy of uninsured or underinsured motorist coverage issued in this state after July 1, 1992, shall prohibit any claimant from settling any claim with a liability carrier as provided in subsection (a) of this Code section or require the permission of

1678

JOURNAL OF THE HOUSE,

the uninsured or underinsured motorist carrier to so settle any claim with the liability carrier."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Holland of the 136th moves to amend the Committee substitute to HB 1676 as follows:
On line 18, page 2 after the word "recovery" and before the word "under" insert:
against any other tort-feasor or

The following amendment was read and adopted:

Representatives Holland of the 136th and Thomas of the 69th move to amend the Committee substitute to HB 1676 as follows:
Insert following line 30 and before the current Section 2, a new Section 2 to read as follows:
"Section 2. This Act shall become effective upon the signature of the Governor, or upon its otherwise becoming law without the signature of the Governor."
and
Renumber current Section 2 as Section 3.

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

HB 1815.

By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide that the district attorney shall represent the department in support cases; to provide that in URESA cases the district attorney shall represent the petitioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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

HR 980. By Representatives Ashe of the 25th, Heard of the 43rd, Lawrence of the 49th, Smith of the 156th, Mueller of the 126th and others:
A resolution recognizing the United States Secretary of Labor Lynn Martin and inviting her to appear before the House of Representatives.

THURSDAY, FEBRUARY 27, 1992

1679

The following Resolutions of the House were read and adopted:

HR 981. By Representative Pettit of the 19th:
A resolution commending the Cartersville High School Purple Hurricane football team and Coach Mike Earwood.

HR 982. By Representatives White of the 132nd, Cummings of the 134th and Chambless of the 133rd:
A resolution commending Mr. Brady Keys, Jr.

HR 983. By Representative Oliver of the 121st:
A resolution commending and recognizing TAM Industries of Tattnall County.

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

HB 1943. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th 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 superior court judges for each judicial circuit, so as to create a new third judgeship for the Dougherty Judicial Circuit.
Referred to the Committee on Judiciary.

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 980 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 980. By Representatives Ashe of the 25th, Heard of the 43rd, Lawrence of the 49th, Smith of the 156th, Mueller of the 126th and others:
A resolution recognizing the United States Secretary of Labor Lynn Martin and inviting her to appear before the House of Representatives.

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

1680

JOURNAL OF THE HOUSE,

SB 705. By Senators Garner of the 30th, Dean of the 31st and 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 relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 705

The Committee of Conference on SB 705 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 705 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Gene Walker Senator, 43rd District

/a/ Bob Hanner Representative, 131st District

/s/ Wayne Garner Senator, 30th District

/s/ Sonny Dixon Representative, 128th District

/s/ George B. Hooks Senator, 14th District

/s/ Tommy Smith Representative, 152nd District

A BILL
To amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to make certain provisions relative to certain boards and bodies; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, is amended by striking Code Section 21-2-3, relating to definitions and descriptions regarding congressional districts, and inserting in its place a new Code Section 21-2-3 to read as follows:
"21-2-3. For purposes of this article: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia.
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area, established in accordance with Article 7 of this chapter, within which all electors vote at one polling place.
(3) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1990 for the State of Georgia.

THURSDAY, FEBRUARY 27, 1992

1681

(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any congressional district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control.
(5) Any part of the State of Georgia which is described in this Code section as being included in a particular congressional district shall nevertheless not be included within such congressional district if such part is not contiguous to such congressional district. Such noncontiguous part shall instead be included within that congressional district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. Said article is further amended by striking Code Section 21-2-4, relating to the composition of congressional districts, and inserting in its place a new Code Section 21-2-4 to read as follows:
"21-2-4. (a) The state is divided into 11 congressional districts, each of which is entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided in this subsection.
District: 1
EMANUEL COUNTY BULLOCH COUNTY EFFINGHAM COUNTY CANDLER COUNTY TOOMBS COUNTY MONTGOMERY COUNTY TATTNALL COUNTY EVANS COUNTY CHATHAM COUNTY BRYAN COUNTY LIBERTY COUNTY LONG COUNTY WAYNE COUNTY MCINTOSH COUNTY PIERCE COUNTY GLYNN COUNTY BRANTLEY COUNTY CAMDEN COUNTY
District: 2
TALBOT COUNTY TAYLOR COUNTY MARION COUNTY CHATTAHOOCHEE COUNTY MACON COUNTY SCHLEY COUNTY DOOLY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY CRISP COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY LEE COUNTY

1682

JOURNAL OF THE HOUSE,

TURNER COUNTY CLAY COUNTY CALHOUN COUNTY TIFT COUNTY EARLY COUNTY BAKER COUNTY MITCHELL COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY CRAWFORD COUNTY
VTD: 0002 2 VTD: 0003 3 (Part)
Tract: 0701. Block(s): 129, 131, 132, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152,
153, 154, 157, 158A, 158B, 159, 160, 161, 162, 163, 164, 165A,
165B, 166, 167A, 167B, 168A, 168B, 169, 170A, 170B, 171A,
171B, 172, 173, 174, 178A, 179A, 273, 274A, 275A, 278, 279,
280, 281, 301A, 301B, 302, 303A, 303B, 304, 305, 306, 307,
401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 415, 416,
417, 418, 419, 420, 421, 422
Tract: 0702.
Block(s): 103, 113, 117, 118, 151
VTD: 001A 1A (Part)
Tract: 0702.
Block(s): 305, 306, 307, 308, 309, 310, 317, 318, 319, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 386, 388, 396, 397
VTD: 001B IB DOUGHERTY COUNTY
VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0024 MOCK ROAD ELEMENTARY SCH (Part)
Tract: 0107. Block(s): 101, 117, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128, 130, 131, 132, 133, 141
Tract: 0108.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108
Tract: 0111.

THURSDAY, FEBRUARY 27, 1992

1683

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130
VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0026 BRANCH ROAD PRECINCT (Part)
Tract: 0101. Block(s): 208B, 208C, 209, 210, 211, 212, 213, 214, 215, 216
VTD: 0027 SYLVANDALE ELEMENTARY SCH LOWNDES COUNTY
VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 460, 461, 462, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492
VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0103. Block(s): 219A, 220A, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234B, 239, 240 Tract: 0104. Block(s): 130, 131A, 132A, 132B, 134A, 135A
VTD: 0005 GARDEN CENTER VTD: 0007 LOMAX-PINEVALE VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION VTD: 0018 NEW COVENANT CHURCH (Part)
Tract: 0103. Block(s): 219B, 220B, 220C, 220D, 220E, 220F, 220G, 223B
Tract: 0104. Block(s): 131B, 132C, 133, 134B, 135B
VTD: 0019 CRAIG RECREATION CENTER MUSCOGEE COUNTY
VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310
Tract: 0016.
Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 414, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615
Tract: 0110.
Block(s): 119B, 122
VTD: 0025 EAST HIGHLAND
VTD: 0026 SAINT ELMO (Part)

1684

JOURNAL OF THE HOUSE,

Tract: 0012. Block(s): 101, 102, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 133
Tract: 0013. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 209, 210
Tract: 0018. Block(s): 105, 106, 113, 114, 201
Tract: 0019. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 132
VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3 WORTH COUNTY VTD: 0001 SYLVESTER VTD: 0002 SYLVESTER PARK VTD: 0003 POULAN VTD: 0004 SUMNER VTD: 0005 SHINGLER VTD: 0006 RED ROCK VTD: 0007 DOLES VTD: 0008 OAKFIELD VTD: 0009 WARWICK VTD: 0010 SCOTTERVILLE VTD: 0011 MINTON VTD: 0013 GORDY (Part)
Tract: 9504. Block(s): 219, 221, 222, 223, 224
Tract: 9505. Block(s): 103B, 104, 106, 106, 107, 108, 109, 110, 111, 112, 113, 123, 124, 125, 126, 127, 128, 163B, 154, 155B, 168B, 169, 233, 234B, 235, 241, 242, 243, 244, 245B, 264B, 263B, 284B, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294
Digtrict: 3
FAYETTE COUNTY COWETA COUNTY SPALDING COUNTY MERIWETHER COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY JONES COUNTY UPSON COUNTY HARRIS COUNTY BALDWIN COUNTY
VTD: 0002 NORTH BALDWIN 318 (Part)

THURSDAY, FEBRUARY 27, 1992

1685

Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316
Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 220E, 222C, 225B, 226B, 227, 228, 229B
VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375
VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part)
Tract: 9702. Block(s): 206A
Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 220A, 220B, 221, 222A, 222B, 223, 224, 225A, 226A
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302
CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7
VTD: 0013 JONESBORO 8
VTD: 0014 LOVEJOY 1
VTD: 0015 LOVEJOY 2
VTD: 0016 LOVEJOY 3
VTD: 0017 ADAMSON MORROW 1

1686

JOURNAL OF THE HOUSE,

VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part)
Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910, 911, 912
VTD: 0025 PAN HANDLE VTD: 0027 RIVERDALE 2 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 CRAWFORD COUNTY VTD: 0003 3 (Part)
Tract: 0701. Block(s): 101, 102, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128
Tract: 0702.
Block(s): 101, 102, 104, 105, 106, 107, 108, 109
VTD: 0004 4
VTD: 0005 5
VTD: 001A 1A (Part)
Tract: 0702.
Block(s): 304, 343, 344, 345, 354, 355, 357, 358, 359, 387, 389, 390, 391,
392, 393, 394, 395 HENRY COUNTY
VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE (Part)
Tract: 0701.02 Block(s): 161, 162, 201, 202, 203, 204, 205, 206
Tract: 0701.03 Block(s): 101, 102, 103, 104, 130A, 130C, 132B, 133, 134, 135, 136, 137, 138, 139, 201B, 238B, 239B, 240B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324B, 325, 326B, 326C, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405B, 406B, 441, 442B, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 467, 468, 469
Tract: 0702.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109
VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0045 MCMULLEN (Part)
Tract: 0702.02 Block(s): 226
VTD: 0050 SANDY RIDGE
VTD: 0055 SHAKERAG VTD: 0060 SIXTH
VTD: 0065 STOCKBRIDGE VTD: 0075 TUSSAHAW

THURSDAY, FEBRUARY 27, 1992

1687

MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 VTD: 0026 SAINT ELMO (Part) Tract: 0012. Block(s): 103, 105, 121, 122, 123, 201, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B
PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON
District: 4
ROCKDALE COUNTY DEKALB COUNTY
VTD: 0001 ALLGOOD VTD: 0003 ASHFORD PARK VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0014 CALLANWOLDE VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS

1688

JOURNAL OF THE HOUSE,

VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0036 DUNAIRE VTD: 0040 EMBRY HILLS VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0043 EVANSDALE VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0061 JOHNSON ESTATES VTD: 0062 JOLLY VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAC PINE LAKE VTD: OOAD PLEASANTDALE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: GOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAX SILVER HILL VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBB SMOKE RISE VTD: OOBD SOUTH DECATUR VTD: OOBF STONE MILL
VTD: OOBG STONE MOUNTAIN
VTD: OOBP TUCKER
VTD: OOBU WARREN
VTD: OOBW WESLEY WOODS
VTD: OOBX WESTCHESTER

THURSDAY, FEBRUARY 27, 1992

1689

VTD: OOCB WINNONA FULTON COUNTY
VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E GWINNETT COUNTY VTD: 0002 1295B VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0010 408A VTD: 0011 408B VTD: 0012 408C VTD: 0013 408D VTD: 0014 408E VTD: 0015 408F VTD: 0016 408G VTD: 0019 1263B VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0028 407A VTD: 0029 407B VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0039 406F VTD: 0040 406G VTD: 0042 4061 VTD: 0043 406J VTD: 0045 571A VTD: 0050 405H VTD: 0051 408H VTD: 0053 1263D VTD: 0054 1578D VTD: 0056 407E VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0064 4051 VTD: 0065 4081
VTD: 0066 408J
VTD: 0068 407F (Part)
Tract: 0505.08 Block(s): 801A, 801B, 801C, 801D, 801E, 801F, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813
Tract: 0505.09 Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 118,

1690

JOURNAL OF THE HOUSE,

119A, 119B, 119C, 120A, 120B, 121, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 402, 403, 501, 502, 503, 601A, 601B, 601C, 602A, 602B, 603 Tract: 0507.05 Block(s): 120, 121, 162A, 162B, 163 VTD: 0069 544E VTD: 0070 406P VTD: 0071 406Q VTD: 0072 571C VTD: 0073 408K VTD: 0074 404C VTD: 0075 406R VTD: 0076 571D VTD: 0077 57 IB VTD: 0078 544D
District: 5
CLAYTON COUNTY VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 301, 302, 303, 304A, 304B, 309, 401A, 401B, 402, 403, 404A, 404B, 404C, 405, 406, 407, 408, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 515, 516, 522, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 903A, 904, 905, 913, 914, 915, 916, 917, 918 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0028 RIVERDALE 3 VTD: 0033 RIVERDALE 8
COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2
DEKALB COUNTY VTD: 0038 EAST LAKE VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH
FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 U VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D

THURSDAY, FEBRUARY 27, 1992

1691

VTD: 0020 2E VTD: 0023 2H VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L VTD: 0030 2R VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0046 3H VTD: 0047 3J VTD: 0048 3K VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0058 4D VTD: 0059 4E VTD: 0061 4G VTD: 0062 4H VTD: 0064 4K VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D
VTD: 0094 7F
VTD: 0096 7H
VTD: 0097 7J
VTD: 0098 7K
VTD: 0099 7L

1692

JOURNAL OF THE HOUSE,

VTD: OOA1 7M VTD: OOA2 7N VTD: OOA3 7P VTD: OOA4 7R VTD: OOA5 7S VTD: OOA8 8A VTD: OOA9 8B VTD: GOBI 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L VTD: OOCl 8M VTD: OOC2 8N VTD: OOC3 8P VTD: OOC4 8R VTD: OOC7 8V VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D VTD: OOF2 10E VTD: OOFS 10F VTD: OOF4 10G VTD: OOFS 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOF9 10M VTD: OOG1 ION VTD: OOG2 11A VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOG8 11G VTD: OOG9 11H
VTD: OOH1 11J
VTD: OOH2 UK
VTD: OOH3 11L
VTD: OOH4 11M
VTD: OOH5 UN

THURSDAY, FEBRUARY 27, 1992

1693

VTD: OOH6 IIP VTD: OOH7 11R VTD: OOH9 12A VTD: OOJ1 12B VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E VTD: OOJ5 12F VTD: OOJ6 12G VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOKl 12L VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P VTD: OOK6 CP01 VTD: OOK7 CP02 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL6 EP01 VTD: OOL7 EP02 VTD: OOL8 EP03 VTD: OOMl EPOS VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OONl EP14 VTD: OON2 EP15 VTD: OON3 FA01 VTD: OON4 HP01 VTD: OON5 HP02 VTD: OOR1 PA01 VTD: OOTl SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOT5 SCI2 VTD: OOT6 SC13 VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: OOU5 SC21 VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV1 SS04 VTD: OOV2 SS05
VTD: OOV3 SS06
VTD: OOV4 SS07
VTD: OOV5 SS08
VTD: OOV6 SS09
VTD: OOV7 SS10

1694

JOURNAL OF THE HOUSE,

VTD: OOV8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14 VTD: OOW4 SS16 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW8 SS21 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: 00X5 SS23 VTD: 00X7 9T VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SC07
District: 6
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET VTD: 0011 LITTLE RIVER VTD: 0016 WOODSTOCK
COBB COUNTY VTD: 0001 ACWORTH VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0013 CHEATHAM HILL 1 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 121B, 122B Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, 110F, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 21 IB, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102A, 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21

THURSDAY, FEBRUARY 27, 1992

1695

Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D
Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B
Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 301B, 301C, 401C, 401D, 401E, 401F, 501D
Tract: 0305.03 Block(s): 208B
Tract: 0310.01 Block(s): 910C, 910L, 925B, 925C
Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 411D
VTD: 0019 DODGEN VTD: 0020 DUE WEST VTD: 0021 EASTSIDE VTD: 0022 ELIZABETH 1 (Part)
Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909
Tract: 0305.02 Block(s): 601C
Tract: 0305.03 Block(s): 108B
Tract: 0306. Block(s): 601, 602, 603, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B
VTD: 0023 ELIZABETH 2 VTD: 0024 ELIZABETH 3 VTD: 0025 ELIZABETH 4 VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0038 GARRISON MILL VTD: 0039 GRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4 VTD: 0043 GRITTERS 5 VTD: 0044 GRITTERS 6 VTD: 0045 GRITTERS 7 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0057 MARIETTA 1 (Part)
Tract: 0303.21 Block(s): 302A, 402A, 403A
Tract: 0304.04
Block(s): 101A, 101B
Tract: 0304.06
Block(s): 101A, 101B, 301A, 401A, 401B, 402A, 402B, 501A, 501B, 501C
Tract: 0311.09

1696

JOURNAL OF THE HOUSE,

Block(s): 101A, 101C VTD: 0060 MARIETTA 4 (Part)
Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A
Tract: 0305.01 Block(s): 908A
Tract: 0306. Block(s): 703A, 704A, 705A, 706A, 708A, 708G
VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A
VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.04 Block(s): 301A, 302 Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803 Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 302A, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A, 601, 602, 603, 604
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0067 MT. BETHEL 1
VTD: 0068 MT. BETHEL 2
VTD: 0069 MT. BETHEL 3
VTD: 0071 NORTON PARK 1
VTD: 0072 NORTON PARK 2
VTD: 0073 OAKDALE 1

THURSDAY, FEBRUARY 27, 1992

1697

VTD: 0074 OAKDALE 2 VXD: 0075 OREGON 1 VXD: 0079 PARKAIRE VXD: 0081 POSX OAK 1 VXD: 0082 POSX OAK 2 AND POSX OAK 9 VXD: 0083 POSX OAK 3 VXD: 0084 POSX OAK 4 VXD: 0085 POSX OAK 5 VXD: 0086 POSX OAK 6 VXD: 0087 POSX OAK 8 VXD: 0090 RED ROCK VXD: 0092 SEWELL MILL 2 VXD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 VXD: 0095 SMYRNA 1 VXD: 0096 SMYRNA 2 VXD: 0097 SMYRNA 3 VXD: 0098 SMYRNA 4 VXD: 0099 SMYRNA 5 VXD: OOA1 SMYRNA 6 VXD: OOA2 SMYRNA 7 VXD: OOA3 SOPE CREEK 1 VXD: OOA4 SOPE CREEK 2 VXD: OOA5 SOPE CREEK 3 VXD: OOA9 VININGS 1 VXD: OOB1 VININGS 2 VXD: OOB2 VININGS 3 VXD: OOB3 GRIXXERS 8 VXD: OOB4 GRIXXERS 11 VXD: OOB5 GRIXXERS 10 VXD: OOB6 KEMP VXD: OOB7 GRIXXERS 9 VXD: OOB8 CHEAXHAM HILL 2 (Part)
Xract: 0302.07
Block(s): 115D, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826
VXD: OOC1 OREGON 5 DEKALB COUNXY
VXD: 0002 ASHFORD DUNWOODY VXD: 0005 AUSXIN VXD: 0023 CHESXNUX VXD: 0037 DUNWOODY VXD: 0057 HUNXLEY HILLS VXD: 0064 KINGSLEY VXD: 0089 MX VERNON VXD: 0090 NANCY CREEK VXD: 0099 PEACHXREE VXD: OOAW SHALLOWFORD VXD: OOBQ VANDERLYN VXD: OOBR VERMACK FULXON COUNXY VXD: OOK5 AP01 VXD: OON7 MP01
VXD: OON8 NC01
VXD: OON9 NC02
VXD: OOP1 NC03
VXD: OOP2 NC04
VXD: OOPS NC05

1698

JOURNAL OF THE HOUSE,

VTD: OOP4 NC06 VTD: OOPS NC07 VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOP9 NC11 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOU7 SS01 VTD: OOW3 SS15 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17 VTD: OOY2 RW09 GWINNETT COUNTY VTD: 0018 1263A VTD: 0024 404A VTD: 0030 407C VTD: 0036 406C VTD: 0038 406E VTD: 0041 406H VTD: 0049 1604 VTD: 0052 1263C VTD: 0055 407D VTD: 0058 406L VTD: 0059 406M VTD: 0067 404B
District: 7
CHATTOOGA COUNTY FLOYD COUNTY BARTOW COUNTY POLK COUNTY PAULDING COUNTY HARALSON COUNTY CARROLL COUNTY DOUGLAS COUNTY HEARD COUNTY TROUP COUNTY COBB COUNTY
VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part)
Tract: 0311.01 Block(s): 106B
VTD: 0018 DOBBINS 2 (Part) Tract: 0304.06
Block(s): 102B Tract: 0308.
Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01

THURSDAY, FEBRUARY 27, 1992

1699

Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C
Tract: 0311.08 Block(s): 301, 302, 303B, 305, 306, 307, 309
VTD: 0022 ELIZABETH 1 (Part) Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501A, 501C, 501D, -501E, 502B, 506B, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 901C, 901D, 902B, 902C, 902D, 902E, 917E
VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B
Tract: 0307. Block(s): 118C
Tract: 0308. Block(s): 206B
Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C
Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D
Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A
VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 VTD: 0056 MACLAND VTD: 0057 MARIETTA 1 (Part)
Tract: 0304.06 Block(s): 102A
Tract: 0307. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 309, 310, 314, 315, 318, 321, 322, 323
Tract: 0308.
Block(s): 206A, 207, 209A, 209B, 210, 211, 214, 215A, 216, 217, 302, 303, 304, 305, 306, 307, 308, 404, 405, 406, 407, 408, 411, 412, 413, 501, 511, 601, 602, 603, 604, 605, 606, 607, 608, 611, 701, 702, 703, 704, 705, 706, 707, 712, 713, 801, 802, 807, 808
Tract: 0310.01
Block(s): 908A, 910A, 910B, 911, 912
Tract: 0311.09
Block(s): 501, 502, 503A, 504, 505

1700

JOURNAL OF THE HOUSE,

VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 (Part)
Tract: 0306. Block(s): 219, 222, 223, 224, 227, 228, 229, 230, 231, 232, 233, 302, 303, 304, 305, 307, 308A, 309, 311, 312, 313, 314, 315, 316, 317, 323, 325A, 326, 401, 403
Tract: 0307. Block(s): 401, 407A, 418
Tract: 0308. Block(s): 301, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318A, 320, 401, 402, 403, 502, 503, 504, 505, 506, 507, 508, 509, 510, 512, 513
Tract: 0309.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123B, 124, 202B, 203B, 206B, 206C, 207B, 401, 501, 502, 503, 504, 507, 508, 509, 510, 601, 602, 603, 604, 605, 606, 607
VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 823A Tract: 0305.02 Block(s): 602 Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 501B, 502A, 503, 504, 505, 506A, 606A, 606B, 607A, 608, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519 Tract: 0309.01 Block(s): 301A, 302, 303, 304
VTD: 0061 MARIETTA 5 (Part) Tract: 0307. Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715
VTD: 0062 MARIETTA 6 (Part) Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0063 MARIETTA 7 (Part) Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809
VTD: 0070 MT. HARMONY
VTD: 0076 OREGON 2
VTD: 0077 OREGON 3
VTD: 0078 OREGON 4
VTD: 0080 PEBBLEBROOK

THURSDAY, FEBRUARY 27, 1992

1701

VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 801B, 823B
VTD: OOB9 MARIETTA 2B VTD: OOC2 BIRNEY 2
District: 8
JOHNSON COUNTY LAURENS COUNTY HOUSTON COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY WHEELER COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY APPLING COUNTY BEN HILL COUNTY COFFEE COUNTY IRWIN COUNTY BACON COUNTY BERRIEN COUNTY WARE COUNTY ATKINSON COUNTY COOK COUNTY COLQUITT COUNTY CLINCH COUNTY LANIER COUNTY CHARLTON COUNTY ECHOLS COUNTY BIBB COUNTY
VTD: 0007 EM07 VTD: 0009 EM09 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07

1702

JOURNAL OF THE HOUSE,

VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH (Part)
Tract: 0101. Block(s): 128A, 129A, 130A, 132, 133
VTD: 0026 BRANCH ROAD PRECINCT (Part) Tract: 0001. Block(s): 101B, 101C, 103B, 104, 105, 106, 107B, 108B, 108C Tract: 0101. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128B, 129B, 130B, 131, 134, 201, 202, 203, 204, 205, 206, 207 Tract: 0103.01 Block(s): 101B, 102
VTD: 0028 SCOTTISH RITE TEMPLE LOWNDES COUNTY
VTD: 0001 HAHIRA VTD: 0002 MINEOLA (Part)
Tract: 0102. Block(s): 416, 463, 464, 465, 466
VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM (Part)
Tract: 0101. Block(s): 305A, 305B, 305C, 305D, 306
Tract: 0103. Block(s): 201A, 202, 203A, 204A, 205, 206A, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 221A, 221B, 221C, 222A, 222B, 233, 234A, 235, 236, 237, 238, 251, 252, 254A, 257A
Tract: 0104. Block(s): 125A, 126, 127, 128, 129, 136A, 138A, 139A, 140A, 142A, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234
VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE
VTD: 0010 DASHER
VTD: 0011 LAKE PARK
VTD: 0012 FIRST CHRISTIAN CHURCH
VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH
VTD: 0014 SOUTHSIDE FIRE DEPARTMENT

THURSDAY, FEBRUARY 27, 1992

1703

VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0018 NEW COVENANT CHURCH (Part)
Tract: 0101. Block(s): 269, 270, 271, 274A, 274B, 275, 277, 278, 279, 280, 281, 283, 284, 285, 287, 288, 289, 290, 291, 292, 293, 305E, 305F, 305G, 305H, 305J, 305K, 305L, 305M, 307, 308
Tract: 0103. Block(s): 101, 102B, 102C, 103B, 104, 105, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 20U, 201K, 201L, 201M, 203B, 204B, 206B, 206C, 206D, 206E, 206F, 206G, 221D, 221E, 222C, 222D, 222E, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D
Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B, 125B, 125C, 136B, 137, 138B, 139B, 1408, 141, 142B
Tract: 0106. Block(s): 101B, 101C, 102C, 102D, 102E, 104, 105B, 105C, 106, 107, 108, 109B, 109C, 109D, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221D, 222, 223, 224, 225, 226, 227, 228
VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL WORTH COUNTY VTD: 0012 BRIDGEBORO VTD: 0013 GORDY (Part)
Tract: 9505. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 236, 237, 238, 239, 240, 295, 296, 297
District: 9
DADE COUNTY RABUN COUNTY WALKER COUNTY CATOOSA COUNTY WHITFIELD COUNTY MURRAY COUNTY FANNIN COUNTY TOWNS COUNTY UNION COUNTY GILMER COUNTY HABERSHAM COUNTY WHITE COUNTY LUMPKIN COUNTY STEPHENS COUNTY GORDON COUNTY DAWSON COUNTY PICKENS COUNTY HALL COUNTY FORSYTH COUNTY CHEROKEE COUNTY
VTD: 0001 BALLGROUND VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK

1704

JOURNAL OF THE HOUSE,

VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0012 MULLINS VTD: 0013 SALICOA VTD: 0015 WILDCAT
District: 10
FRANKLIN COUNTY HART COUNTY BANKS COUNTY JACKSON COUNTY ELBERT COUNTY MADISON COUNTY BARROW COUNTY OGLETHORPE COUNTY CLARKE COUNTY LINCOLN COUNTY OCONEE COUNTY WALTON COUNTY MORGAN COUNTY NEWTON COUNTY COLUMBIA COUNTY MCDUFFIE COUNTY GWINNETT COUNTY
VTD: 0001 1295A VTD: 0017 1564 VTD: 0020 1749 VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0062 550C VTD: 0063 550D VTD: 0068 407F (Part)
Tract: 0507.05 Block(s): 118, 160A, 160C
RICHMOND COUNTY VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0015 6 VTD: 0017 6B VTD: 0019 7 VTD: 0020 7A VTD: 0021 8 VTD: 0022 8A VTD: 0027 85-2 (Part) Tract: 0105.08 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 125, 126, 127, 128, 129, 701, 702, 703, 704, 705, 706, 707, 711 Tract: 0105.10 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 118, 119, 120, 121, 122, 123, 124, 901, 902

THURSDAY, FEBRUARY 27, 1992

1705

Tract: 0105.11 Block(s): 201, 901, 902, 903, 904, 911, 912
VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0033 86-5 VTD: 0034 86-6 (Part)
Tract: 0109.02 Block(s): 133, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497
VTD: 0035 86-7 VTD: 0036 86-8 (Part)
Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 949, 953, 954
Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306
VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0045 88-7 VTD: 0046 89-1 VTD: 0048 89-3 VTD: 0050 89-5 VTD: 0052 89-7 (Part)
Tract: 0105.07 Block(s): 301, 302, 304, 305, 306, 307, 308, 309, 313, 314, 412, 413, 414, 415, 418
VTD: 0055 89-10 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0058 90-3 VTD: 0059 90-4 VTD: 0060 90-5 VTD: 0066 FG4 VTD: 0067 FG5 (Part)
Tract: 0108. Block(s): 901G, 901H, 901J, 906, 907, 911, 912
WILKES COUNTY
VTD: 0002 2A
VTD: 0003 2B
VTD: 0006 4A
VTD: 0007 4B

1706

JOURNAL OF THE HOUSE,

District: 11
GREENE COUNTY TALIAFERRO COUNTY WARREN COUNTY JASPER COUNTY PUTNAM COUNTY HANCOCK COUNTY BUTTS COUNTY GLASCOCK COUNTY JEFFERSON COUNTY BURKE COUNTY WASHINGTON COUNTY SCREVEN COUNTY WILKINSON COUNTY JENKINS COUNTY TWIGGS COUNTY BALDWIN COUNTY
VTD: 0001 MONTPELIER- EAST BALDWIN VTD: 0002 NORTH BALDWIN 318 (Part)
Tract: 9702. Block(s): 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402
Tract: 9704. Block(s): 101B
VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 230C, 230D, 230E, 231B, 231C, 232B, 233B, 233C Tract: 9704. Block(s): 212D, 212E, 213B, 213C, 214B, 307, 308C, 308D, 309B, 310B, 311C, 311D, 311E, 311F Tract: 9705. Block(s): 201B, 202B, 212B, 325B, 326C, 326D, 328, 341, 342, 343B, 344A, 344B, 346C, 346D, 347, 348, 350B, 356B, 359B, 361, 362B, 363, 364, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385 Tract: 9708. Block(s): 201, 202, 203, 204, 205, 210, 401, 402, 403, 404, 405, 410, 411, 412, 413, 414
VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E VTD: 0007 NORTH MILLEDGEVILLE 320N (Part)
Tract: 9701. Block(s): 107B, 125A, 126, 127A, 185A
Tract: 9702. Block(s): 107A, 202A, 301A, 302, 303, 304, 305, 317, 318, 319A, 319B, 319C, 320A, 321A, 322, 323A, 323B, 324, 325A, 327A, 328A, 329A, 330B, 330C, 332A, 342A
Tract: 9703. Block(s): 229A, 230A, 231A, 232A, 233A
Tract: 9704. Block(s): 101A, 102, 103, 104, 105, 110, 111, 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 212B, 212C, 213A, 214A, 215, 216, 217, 221, 222, 308A
VTD: 0008 SOUTH MILLEDGEVILLE 320S VTD: 0009 WEST HARDWICK 321W VTD: 0010 CMC 320G VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H

THURSDAY, FEBRUARY 27, 1992

1707

VTD: 0012 FIRST CHRISTIAN CHURCH 320C VTD: 0013 SCOTTSBORO 1714 (Part)
Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 132, 133
BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0043 MACON 02 VTD: 0044 MACON 01
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0026 CLARKSTON VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0039 EASTLAND VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX
VTD: 0084 MIDWAY PARK
VTD: 0085 MILLER ROAD
VTD: 0096 PANOLA
VTD: 0097 PANOLA WAY
VTD: 0098 PEACHCREST

1708

JOURNAL OF THE HOUSE,

VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAT SALEM VTD: OOAV SCOTTDALE VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL HENRY COUNTY VTD: 0005 BEERSHEBA VTD: 0020 HIGHLAND VILLAGE (Part)
Tract: 0702.01 Block(s): 136, 139, 140, 141, 142, 143, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154
VTD: 0030 LOVES (Part) Tract: 0702.01 Block(s): 101, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 137, 138, 146 Tract: 0702.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 203, 204, 205, 206, 207, 208, 209A, 211, 212, 213, 214 Tract: 0702.03 Block(s): 101
VTD: 0045 MCMULLEN (Part) Tract: 0702.02 Block(s): 201, 202, 215, 217B, 227 Tract: 0702.03 Block(s): 102, 103, 104, 105, 106, 107, 108, 206, 222, 223, 224, 225, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276
VTD: 0070 SWAN LAKE RICHMOND COUNTY
VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 VTD: 0005 3 VTD: 0006 3A VTD: 0007 3B VTD: 0008 4
VTD: 0009 4A
VTD: 0010 4B
VTD: 0011 4C
VTD: 0014 5B
VTD: 0016 6A

THURSDAY, FEBRUARY 27, 1992

1709

VTD: 0018 6C VXD: 0023 8B VTD: 0024 8C VTD: 0026 85-1 VTD: 0027 85-2 (Part)
Tract: 0105.08 Block(s): 101, 102, 123, 124
Tract: 0105.11 Block(s): 313, 314, 315, 316, 317, 318, 319, 320, 327, 328, 905, 906, 907, 908, 909, 910, 913, 914, 915, 916, 917
VTD: 0028 85-3 VTD: 0031 86-3 VTD: 0032 86-4
VTD: 0034 86-6 (Part) Tract: 0109.02 Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138
VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 936B, 941, 942, 943, 945, 946, 947, 948B, 950, 951, 952, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973 Tract: 0109.02 Block(s): 102
VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0047 89-2 VTD: 0049 89-4 VTD: 0051 89-6 VTD: 0052 89-7 (Part)
Tract: 0105.05 Block(s): 901, 902, 903, 904, 916, 917
VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0067 FG5 (Part)
Tract: 0108. Block(s): 901D
VTD: 0068 FG6 WILKES COUNTY
VTD: 0001 1 VTD: 0004 3A VTD: 0005 3B
(b) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1990 for this state.
(c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, 1993. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1990 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members

1710

JOURNAL OF THE HOUSE,

were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1992 for the purpose of electing the members in 1992 who are to take office in 1993. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1993."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Hanner of the 131st moved that the House adopt the report of the Committee of Conference on SB 705.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams
Aiken Alford N Ashe N Atkins Y Baker Y Balkcom Y Barfoot N Bargeron Y Barnett.B N Barnett.M Y Bates
N Beatty Y Benefield
Y Birdsong N Blitch Y Bordeaux Y Bcistick
Branch N Breedlove N Brooks N Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell N Canty Y Carrell
Carter
Y Cauthorn Y Chafin N Chambless
Cheeks Y Childers

Y Clark.E Y Clark.L N Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B N Cummings.M Y Davis.D N Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover N Dunn
Edwards N Elliott N Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt N Godbee N Golden N Goodwin
E Green Greene
Y Griffin Y Groover Y Hamilton Y Hammond
Y Hanner Y Harris.B
Y Harris.J

Y Heard Y Henson Y Herbert Y Holland N Holmes N Howard Y Hudson Y Irwin N Jackson N Jamieson N Jenkins
Jones Y Kilgore Y King Y Kingston Y Klein NLadd Y Lane.D N Lane.R Y Langford N Lawrence N Lawson YLee N Long Y Lord Y Lucas Y Mann Y Martin Y McBee N McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Merritt Milam

Y Mills
Y Mobley Y Moody N Morsberger
Moultrie Y Mueller Y Oliver.C E Oliver.M NOrr Y Orrock Y Padgett N Parham Y Parrish
Patten Y Pelote Y Perry
Y Pettit N Pinholster N Pinkston YPoag Y Porter
Y Poston N Powell.A N Powell.C Y Presley Y Purcell
Randall NRay Y Reaves
Redding N Ricketson N Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper N Smith.L N Smith.P
Y Smith.T N Smith.W
Y Smyre N Snow
Y Stancil.F N Stancil.S
N Stanley Streat
Y Taylor Y Teper
Y Thomas.C N Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L N Wall Y Watson Y Watts N White Y Wilder N Williams.B
Williams,J Y Williams.R Y' Yeargin
Murphy.Spkr

On the motion, the ayes were 102, nays 54. The motion prevailed.

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

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 1146.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, collection, and assessment of the state sales and use tax, so as to provide for a limitation on the amount of the reimbursement deduction allowed to dealers for collecting such tax.

THURSDAY, FEBRUARY 27, 1992

1711

Representative Walker of the 115th moved that further consideration of HB 1146 be postponed until tomorrow immediately following the period of unanimous consents.
The motion prevailed.

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 284 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Smyre of the 92nd 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 510 Do Pass, by Substitute
Respectfully submitted, /s/ Smyre of the 92nd
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 915 Do Pass HR 949 Do Pass, by Substitute
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

1712

JOURNAL OF THE HOUSE,

SR 477. By Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund from which funds shall be disbursed for transportation purposes; to provide for payments into the fund and disbursements therefrom; to provide that moneys in the fund shall not lapse; to provide for the submission of this amendment for ratification or rejection.

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

SR 477. By Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th:
A resolution proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund from which funds shall be disbursed for transportation purposes; to provide for payments into the fund and disbursements therefrom; to provide that moneys in the fund shall not lapse; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Transportation.

Representative Walker of the 115th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 28, 1992

1713

Representative Hall, Atlanta, Georgia Friday, February 28, 1992

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Adams Ashe Atkins Baker Balkcom Bart'out Bargeron Barnett,B Barnett.M Bates Beatty Benefield Birdsong Bordeaux Bostick Breedlove Brooks Brown Buck Buckner Campbell Carter Chafin

Chambless Cheeks Clark.E Clark.L Coker Colwell Connell Culbreth Cummings,B Davis.D Dobbs Dover Edwards FloydJ.M Floyd.J.W Godbee Griffin Groover Hammond Harris.B Harris,J Heard Herbert

Holland Howard Hudson Jackson Jenkins Jones Kilgore King Kingston Klein Ladd
Lane.D
Langford
Lawrence
Lawson Lee
Long
Lord Martin McBee
McCoy
McKelvey

Meadows Merritt Milam Mobley Moultrie Mueller Oliver.C Padgett Parham Parrish
Patten Pelote Pettit Pinholster Poag Porter
Poston Powell.C Presley
Purcell
Randall Ricketson

Royal Selman Sherrill Skipper Smith.P Snow Stancil.F Stancil.S Streat Taylor Teper
Titus Tolbert Townsend Valenti Vaughan
Walker.J
Wall
Watson
Watts
Yeargin
Murphy.Spkr

The following members were off the floor of the House when the roll was called:
Representatives Moody of the 153rd, Redding of the 50th, Mann of the 6th, Orr of the 9th, Henson of the 57th, Thomas of the 31st, Perry of the 5th, Dixon of the 151st, Blitch of the 150th, Flynt of the 75th, Williams of the 48th, Morsberger of the 62nd, Irwin of the 57th, Davis of the 45th, Carrell of the 65th, Davis of the 29th, Aiken of the 21st, Powell of the 13th, McKinney of the 35th, Dixon of the 128th, Smith of the 152nd, Childers of the 15th, Hamilton of the 124th, Smith of the 78th, Jamieson of the llth, Thomas of the 69th, Simpson of the 70th, Cauthorn of the 20th, Wilder of the 21st, Sinkfield of the 37th, Thomas of the 55th, Mills of the 20th, Holmes of the 28th, Byrd of the 153rd, Fennel of the 155th, Stanley of the 33rd, Felton of the 22nd, Golden of the 148th, McKinney of the 40th, Smyre of the 92nd and Goodwin of the 63rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Elder Harold McElveen, Lanes Primitive Baptist Church, Brooklet, Georgia.

The members pledged allegiance to the flag.

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.

1714

JOURNAL OF THE HOUSE,

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

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

HB 1938. By Representative Sherrill of the 47th:
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 status of serious offender; to provide for license revocation; to provide for notice; to prohibit driving after notice of revocation.
Referred to the Committee on Motor Vehicles.

HB 1940. By Representatives Stancil of the 8th, Barnett of the 10th, Cummings of the 17th and Pinholster of the 8th:
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 a county or municipal corporation may retain 3 percent of any moneys it is required by law to collect and transfer to the state or any agency of the state.
Referred to the Committee on Ways & Means.

HB 1941. By Representative Morsberger of the 62nd:
A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to lengthen the period of time for which the city may grant a franchise.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1944. By Representatives Lord of the 107th and Parrish of the 109th:
A bill to fix the compensation of the members of the Board of Education of Johnson County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1945. By Representative Smith of the 78th:
A bill to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to revise and change the population and census application of certain provisions including within the definition of homestead certain property in all counties of this state having a population of not less than 10,450 nor more than 10,650 according to the United States decennial census of 1970 or any future such census.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 28, 1992

1715

HB 1946. By Representatives Buckner of the 72nd, Lee of the 72nd, Reaves of the 147th, Benefield of the 72nd, Chafin of the 72nd and others:
A bill to repeal an Act fixing the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1947. By Representatives Hudson of the 117th, Godbee of the 110th, Barfoot of the 120th, Smith of the 16th, Ray of the 98th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of the term "catch-out pond"; to provide that persons may fish in a pond stocked with fish purchased commercially which is not considered a catch-out pond pursuant to certain provisions of law without obtaining a fishing license or trout stamp and without complying with the creel limits, possession limits, size limits, and seasons set forth in other provisions of law.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1948. By Representative Hudson of the 117th:
A bill to amend an Act to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board, so as to change the composition of the commission districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1949. By Representative Selman of the 32nd:
A bill to amend an Act establishing a charter for the City of Fairburn, so as to authorize the city council to grant certain franchises.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 977. By Representative Dunn of the 73rd: A resolution compensating Mr. Terry Wanzer.
Referred to the Committee on Appropriations.

HR 978. By Representatives Poag of the 3rd, Mann of the 6th and Griffin of the 6th: A resolution designating the Harry Leon Simpson 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 1920 HB 1921 HB 1922 HB 1923 HB 1924 HB 1925 HB 1926 HB 1927 HB 1928

HB 1929 HB 1931 HB 1933 HB 1934 HB 1935 HB 1936 HB 1937 HB 1939 HB 1942

1716

JOURNAL OF THE HOUSE,

HB 1943 HR 975 HR 976 SB 173 SB 480 SB 482 SB 600 SB 614

SB 633 SB 634 SB 649 SB 664 SB 677 SB 678 SB 695 SR 477

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 1583 Do Pass, by Substitute HB 1663 Do Pass, by Substitute HB 1624 Do Pass, by Substitute

HB 1756 Do Pass HB 1694 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 has instructed me to report the same back to the House with the following recommendations:
HB 1435 Do Pass, by Substitute HB 1710 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1394 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
Chairman

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

FRIDAY, FEBRUARY 28, 1992

1717

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 1720 Do Pass HB 1903 Do Pass

HB 1320 Do Pass, by Substitute HB 1911 Do Pass

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

Representative Benefield of the 72nd 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 874 Do Pass HR 875 Do Pass HR 914 Do Pass HR 926 Do Pass HR 933 Do Pass

HR 946 Do Pass SB 616 Do Pass, as Amended SR 358 Do Pass SR 366 Do Pass SR 410 Do Pass

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

Representative Dover of the llth 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 1561 Do Pass, by Substitute HB 1562 Do Pass

HB 1307 Do Pass HB 598 Do Pass, by Substitute

Respectfully submitted, /s/ Dover of the llth
Chairman

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

HB 1320.

By Representative Barnett of the 10th:
A bill to amend an Act creating a board of commissioners of Forsyth County, so as to change the composition of the districts from which the members of the board are elected.

The following Committee substitute was read and adopted:

1718

JOURNAL OF THE HOUSE,

A BILL
To amend an Act creating a board of commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4419), so as to change the composition of the districts from which the members of the board are elected; 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. An Act creating a board of commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4419), is amended by striking Section 2, relating to election of board members, and inserting in its place a new Section 2 to read as follows:
"Section 2. (a) The board of commissioners of Forsyth County shall consist of five members. For the purpose of electing such members, Forsyth County shall be divided into five commissioner districts as follows:
Commissioner District: 1
FORSYTH COUNTY VTD: 0007 CUMMINGS VTD: 0010 MIDWAY (Part) Tract: 1304. Block(s): 229, 233, 234, 308, 309
Commissioner District: 2
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0010 MIDWAY (Part) Tract: 1303. Block(s): 217, 218, 219, 220, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250
Commissioner District: 3
FORSYTH COUNTY VTD: 0005 COAL MOUNTAIN (Part) Tract: 1302. Block(s): 234, 264, 265, 268 Tract: 1304. Block(s): 106, 107, 108, 113, 115 VTD: 0009 MATT (Part) Tract: 1302. Block(s): 220, 222, 223 VTD: 0010 MIDWAY (Part) Tract: 1303. Block(s): 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 237 Tract: 1304. Block(s): 235, 236, 307, 326, 327 VTD: 0011 SAWNES
Commissioner District: 4
FORSYTH COUNTY VTD: 0004 CHESTATEE (Part) Tract: 1301.

FRIDAY, FEBRUARY 28, 1992

1719

Block(s): 132, 134, 136, 137, 139, 145, 146, 149, 150, 151, 152, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 175, 196, 197, 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323
Tract: 1305. Block(s): 101, 102, 103, 105, 106, 107, 114, 115, 116
VTD: 0005 COAL MOUNTAIN (Part) Tract: 1301. Block(s): 128, 189, 190 Tract: 1302. Block(s): 207, 208, 209, 210, 235, 236, 237, 238, 239, 240, 241, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 266, 267, 269, 270, 271, 272, 273, 274, 275, 276 Tract: 1304. Block(s): 109, 110, 111, 134A, 134B, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 140C, 140D, 141A, 141B
VTD: 0006 CROSSROADS VTD: 0009 MATT (Part)
Tract: 1302. Block(s): 110, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 156, 157, 158, 159, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 228, 229, 230, 231, 232, 233
Commissioner District: 5
FORSYTH COUNTY VTD: 0003 CHATTAHOOCHE VTD: 0004 CHESTATEE (Part) Tract: 1301. Block(s): 135, 140, 141, 142, 143, 144, 147, 148, 173, 174, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 309, 310, 311 Tract: 1305. Block(s): 104, 108, 109, 110, 111, 112, 113, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157 VTD: 0008 MASHBURN
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;

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JOURNAL OF THE HOUSE,

(5) Any part of Forsyth County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of Forsyth County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) There shall be one member of the board from each commissioner district. A commissioner must reside in the commissioner district such person represents. A candidate must designate the district from which such candidate offers. All members of the board of commissioners shall be elected by the voters of the entire county. The election of members of the board shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (d) Those members of the board in office on the effective date of this Act shall serve until the expiration of the terms for which elected and until successors are elected and qualified. Successors to those members elected from Commissioner Districts 2, 4, and 5 whose terms expire December 31, 1992, shall be elected at the general election in November, 1992, and shall take office on January 1, 1993, for terms of four years and until successors are elected and qualified. Successors to those members elected from Commissioner Districts 1 and 3 whose terms expire December 31, 1994, shall be elected at the general election in November, 1994, and shall take office January 1, 1995, for terms of four years and until their successors are elected and qualified."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Forsyth County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then candidates shall qualify from the existing commissioner districts for the 1992 elections. If implementation of this Act is approved by the United States Attorney General subsequent to the time for qualification of candidates for the general primary in 1992, it shall become effective for the election of successors to those members representing Commissioner Districts 1 and 3, whose terms expire December 31, 1994, as provided in Section 1 of this Act. Those members elected from Commissioner Districts 2, 4, and 5 at the general election in 1992 shall continue to serve until the expiration of their terms in 1996 and until their successors are elected and qualified. Successors to such members shall be elected from the commissioner districts set forth in Section 1 of this Act at the general election in November, 1996. If implementation of this Act is disapproved, it shall be void and stand repealed in its entirety on the date of such disapproval.
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 133, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1720. By Representative Smith of the 156th: A bill to provide for a board of elections for Mclntosh County.

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

FRIDAY, FEBRUARY 28, 1992

1721

On the passage of the Bill, the ayes were 133, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1903. By Representatives Stancil of the 8th and Pinholster of the 8th: A bill to provide a new charter for the City of Nelson.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1911.

By Representative Beatty of the 12th:
A bill to provide a homestead exemption from all Jackson County and Jackson County School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that county and school district who have annual earned family incomes not exceeding $18,000.00 and who are 62 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:

Abernathy Y Adams Y Aiken
Alford
Y Ashe Y Atkins
Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Harriett,M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick
Branch Y Breedlove N Brooks Y Brown
Brush Y Buck Y Buckner
YByrd Camphell
Y Canty Y Carrell
Carter
Y Cauthorn Chafin
Y Chambless Y Cheeks
Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Y Colwell Y Connell Y Culbreth
Cummings.B Y Cummings,M Y Davis.D Y Davis.G
Davis,M Dixon.H Dixon.S Y Dobbs Y Dover Dunn
Y Edwards Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris.B
Harris,J

Y Heard Henson
Y Herbert Y Holland
Holmes Y Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D
Lane.R Y Langford
Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy
McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell Y Randall
Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y SherriU
Simpson Sinkfield

Y Skipper Smith,L
Y Smith.P Smith.T
Y Smith.W Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor
Y Teper Thomas.C
Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 133, nays 1. The Bill, having received the requisite two-thirds constitutional majority, was passed.

1722

JOURNAL OF THE HOUSE,

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

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

SB 705. By Senators Garner of the 30th, Dean of the 31st and 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 relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date.

HB 1254. By Representative Birdsong of the 104th:
A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney.

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

HB 1541. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide that the sale of lottery tickets shall be exempt from such taxes; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a state lottery.

HB 1684. By Representatives Parham of the 105th and Lord of the 107th:
A bill to repeal an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County.

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

SB 588. By Senators Thompson of the 33rd and Deal of the 49th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for a program of community education and development grants; to authorize the Department of Education to make grants to local boards of education for certain programs and activities; to repeal Article 7 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to community education and development.

FRIDAY, FEBRUARY 28, 1992

1723

SB 704. By Senators Deal of the 49th, Garner of the 30th, Johnson of the 47th and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for the registration of lobbyists with the State Ethics Commission; to define the term "lobbyist"; to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying, so as to repeal certain provisions of the law relating to registration of lobbyists with the Secretary of State; to change certain references to the provisions repealed; to provide an effective date.

SB 721. By Senators Pollard of the 24th, Foster of the 50th and Broun of the 46th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for additional powers of local boards of education; to provide an effective date.

HB 1517.

By Representatives Baker of the 51st, Oliver of the 53rd, Teper of the 46th, Redding of the 50th, Valenti of the 52nd 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.

HB 1765. By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to reapportion the commissioner districts.

HB 1768. By Representatives Clark of the 20th, Vaughan of the 20th, Atkins of the 21st, Hammond of the 20th, Coker of the 21st and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth in Cobb County, so as to provide that the municipal court shall be authorized to create a probation office under the supervision of the chief judge of said court.

HB 1770.

By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the compensation of the personnel of said officer.

HB 1771. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the compensation of the personnel of said officer.

HB 1772. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act creating a new charter for the City of LaFayette, so as to change and define the corporate limits of the City of LaFayette.

1724

JOURNAL OF THE HOUSE,

HB 1773.

By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the compensation of the personnel of the tax commissioner.

HB 1774. By Representatives Powell of the 13th and Clark of the 13th: A bill to provide a new charter for the City of Hartwell.

HB 1789. By Representative Langford of the 7th:
A bill to create the Calhoun Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities.

HB 1799.

By Representative Edwards of the 112th:
A bill to amend an Act providing that the judge of the Probate Court of Taylor County shall serve as chief magistrate of the Magistrate Court of Taylor County, so as to change the compensation of the chief magistrate.

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

SB 588. By Senators Thompson of the 33rd and Deal of the 49th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for a program of community education and development grants; to authorize the Department of Education to make grants to local boards of education for certain programs and activities; to repeal Article 7 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to community education and development.
Referred to the Committee on Education.

SB 704. By Senators Deal of the 49th, Garner of the 30th, Johnson of the 47th and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for the registration of lobbyists with the State Ethics Commission; to define the term "lobbyist"; to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying, so as to repeal certain provisions of the law relating to registration of lobbyists with the Secretary of State; to change certain references to the provisions repealed; to provide an effective date.
Referred to the Committee on Judiciary.

SB 721. By Senators Pollard of the 24th, Foster of the 50th and Broun of the 46th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for additional powers of local boards of education; to provide an effective date.
Referred to the Committee on Education.

FRIDAY, FEBRUARY 28, 1992

1725

Representative Martin of the 26th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 1597.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates
N Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux
Y Bostick Branch
N Breedlove Brooks
Y Brown Brush
Y Buck Y Buckner YByrd Y Campbell N Canty N Carrell
Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L N Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D N Davis.G
Davis.M
Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards
Elliott Felton Fennel Floyd.J.M N Floyd.J.W Y Flynt Godbee Y Golden N Goodwin E Green Greene N Griffin Y Groover Hamilton Y Hammond Y Hanner N Harris.B Y Harris.J

Heard Henson Y Herbert
Y Holland Y Holmes N Howard
Y Hudson
Y Irwin Y Jackson
Y Jamieson
Y Jenkins
N Jones Y Kilgore
YKing
N Kingston Y Klein N Ladd Y Lane.D N Lane.R N Langford Y Lawrence Y Lawson YLee YLong
Y Lord Lucas
N Mann Y Martin Y McBee Y McCoy
McKelvey Y McKinney.B
McKinney,C
N Meadows N Merritt
Milam

On the motion, the ayes were 97, nays 36. The motion prevailed.

Mills Y Mobley N Moody N Morsberger
N Moultrie N Mueller N Oliver.C
Y Oliver.M
YOrr
Orrock
Y Padgett
Y Parham
Y Parrish N Patten N Pelote Y Perry Y Pettit
N Pinholster
Y Pinkston
N Poag
Y Porter
Y Poston
Y Powell.A
Y Powell.C
N Presley
Purcell Y Randall
Ray Y Reaves N Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Sinkfield

Y Skipper Smith, L
Y Smith.P Smith.T
Y Smith.W Smyre
Y Snow
Y Stancil.F
N Stancil.S Stanley Streat
Y Taylor
Y Teper
Thomas, C
Y Thomas.M
Y Thomas.N
Thurmond
Y Titus
Y Tolbert
Townsend
Turnquest
Y Twiggs
Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White N Wilder N Williams.B
Williams.J
Williams.R
Yeargin
Murphy.Spkr

Representative Hamilton of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jenkins of the 80th moved that the House reconsider its action in giving the requisite constitutional majority to HB 277.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy
N Adams
N Aiken
Alford
N Ashe
N Atkins
N Baker
N Balkcom
N Barfoot
Bargeron Y Barnett.B Y Barnett.M N Bates Y' Beatty Y Benefield N Birdsong

N Blitch N Bordeaux N Bostick
Branch Y Breedlove N Brooks N Brown
Brush N Buck Y Buckner N Byrd N Campbell N Canty
Carrell Y Carter N Cauthorn

Y Chafin
N Chambless N Cheeks
N Childers N Clark.E
Clark.L N Coker
N Coleman N Colwell Y Connell
Y Culbreth
Y Cummings,B N Cummings.M Y Davis.D N Davis.G
Davis.M

N Dixon.H
Y Dixon.S N Dobbs Y Dover
Dunn
Y Edwards
Elliott
Y Felton
Y Fennel Y FloydJ.M Y Floyd,J.W N Flynt Y Godbee N Golden N Goodwin E Green

Greene Y Griffin N Groover N Hamilton N Hammond
Hanner Y Harris.B N Harris.J Y Heard N Henson N Herbert Y Holland N Holmes N Howard
Hudson N Irwin

1726
Y Jackson N Jamieson Y Jenkins Y Jones N Kilgore Y King Y Kingston N Klein Y Ldd N Lane.D Y Lane.R N Langford N Lawrence Y Lawson Y Lee
Long N Lord N Lucas Y Mann N Martin

JOURNAL OF THE HOUSE,

N McBee Y McCoy Y McKelvey N McKinney.B
McKinney,C Y Meadows Y Merritt Y Milam N Mills
Y Mobley Y Moody N Morsberger
Moultrie Y Mueller Y Oliver.C N Oliver.M N Orr N Orrock
Y Padgett Y Parham

Y Parrish Y Patten N Pelote Y Perry N Pettit Y Pinholster Y Pinkston Y Poag N Porter
N Poston Y Powell.A Y Powell.C Y Presley
Purcell N Randall
Ray Reaves Y Redding
Y Ricketson Y Royal

N Selman N Sherrill
Simpson N Sinkfield Y Skipper Y Smith.L N Smith,?
Smith.T N Smith,W
Smyre N Snow N Stancil.F Y Stancil.S N Stanley
Streat N Taylor N Teper Y Thomas,C
N Thomas.M N Thomas.N

N Thurmond Y Titus N Tolbert
Townsend N Turnquest N Twiggs N Valenti N Vaughan Y Walker.J
N Walker.L Y Wall Y Watson Y Watts
White N Wilder Y Williams.B
Williams,J Williams.R
Y Yeargin Murphy.Spkr

On the motion, the ayes were 68, nays 84. The motion was lost.

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 1951. By Representatives Lucas of the 102nd, Randall of the 101st, Groover of the 99th, Pinkston of the 100th and Birdsong of the 104th:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority commissioners, so as to change the provisions relating to the composition of the housing authority in certain cities; to change a certain population bracket.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1952. By Representatives Lawson of the 9th and Mobley of the 64th:
A bill to amend Code Section 9-13-140 of the Official Code of Georgia Annotated, relating to how judicial sales are advertised, so as to provide for publication of legal advertisement in certain counties.
Referred to the Committee on Judiciary.

HB 1953. By Representative Lawson of the 9th:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to orders not to attempt cardiopulmonary resuscitation, so as to delete certain requirements that another physician concur in a determination that a person is a candidate for nonresuscitation.
Referred to the Committee on Judiciary.

HB 1954. By Representatives Walker 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.

FRIDAY, FEBRUARY 28, 1992

1727

HB 1955. By Representatives Jenkins of the 80th, Hudson of the 117th, Titus of the 143rd, Oliver of the 121st, Moody of the 153rd and others:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to provide a definition; to provide for use of sludge as a fertilizer.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1967. By Representatives Coleman of the 118th, Murphy of the 18th, Walker of the 115th and Buck of the 95th:
A bill to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the functions of the Georgia State Financing and Investment Commission, so as to require the approval of Georgia State Financing and Investment Commission for certain financial and property agreements and arrangements by the state and its agencies and entities.
Referred to the Committee on Appropriations.

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:

HB 1408. By Representative Jenkins of the 80th:
A bill to amend Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive planning and zoning by counties and municipalities, so as to provide for planning and zoning within the areas of inactive municipalities.

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

Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker
Balkcom Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks
Brown Brush YBuck Y Buckner YByrd Y Campbell

Canty Y Carrell
Y Carter Y Cauthorn
Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Cummings.B
Y Cummings.M
Y Davis.D Y Davis.G
Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott
Y Felton

Y Fennel
Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones

Kilgore Y King Y Kingston
Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C
Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger

Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A N Powell.C Y Presley E Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal

1728

JOURNAL OF THE HOUSE,

Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T

Y Smith.W Smyre
YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor

Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend

Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J Walker.L Wall
Y Watson

Y Watts White
Y Wilder Y Williams.B
Williams.J Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 142, nays 1. 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 "aye" thereon.

HR 829. By Representative Thurmond of the 67th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke 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 Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Branch Breedlove Y Brooks
Y Brown Brush
YBuck Y Buckner YByrd
Campbell
Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Clark.E
Y Clark.L Coker Coleman
Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis,G
Davis.M Dixon.H Y Dixon.S Y Dobbs Dover Dunn
Y Edwards Elliott
Y Felton Y Fennel
FloydJ.M Y Floyd.J.W .
Y Flynt Godbee
Y Golden Goodwin
E Green
Greene Y Griffin Y Groover Y Hamilton
Hammond
Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence
Lawson YLee
YLong YLord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Merritt Y Milam

Y Mills Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley E Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper
Y Smith.L Smith.P
Y Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Teper Y Thomas.C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert
Y Townsend Turnquest
Y Twiggs
Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Williams.R Y Yeargin Murphy ,Spkr

On the adoption of the Resolution, the ayes were 135, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

FRIDAY, FEBRUARY 28, 1992

1729

Representatives Goodwin of the 63rd, Clark of the 20th, Coker of the 21st, Morsberger of the 62nd, Hammond of the 20th and Davis of the 45th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HR 939. By Representative Thurmond of the 67th:
A resolution authorizing the conveyance of certain interests in state owned real property located in Clarke 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 Abernathy Y Adams
Aiken Y Alford
Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux
Bostick Branch
Y Breedlove Y Brooks Y Brown
Brush Y Buck Y Buckner YByrd Y Campbell
Canty Y Carreli
Carter
Y Cauthorn Y Chafin
Y Chambless Y Cheeks
Childers

Clark.E Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Cummings.M Y Davis.D
Y Davis.G Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton
Fennel Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Goodwin E Green
Greene Y Griffin Y Groover Y Hamilton
Hammond Y Hanner Y Harris.B Y Harris,J

Heard Y Henson
Herbert Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas YMann
Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Milam

Y Mills Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver,M YOrr
Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley E Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield

Skipper
Y Smith.L Smith.P
Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N Thurmond
Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L Y Wall
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Williams.R Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 130, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Goodwin of the 63rd, Morsberger of the 62nd, Clark of the 20th, Davis of the 45th and Hammond of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Meadows of the 91st moved that consideration of HB 1146 again be postponed until the next legislative day, immediately following the period of unanimous consents.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken

Alford Y Ashe Y Atkins

N Baker Y Balkcom N Barfoot

N Bargeron N Barnett.B Y Barnett.M

N Bates
N Beatty Y Benefield

1730

JOURNAL OF THE HOUSE,

N Birdsong
N Blitch
Y Bordeaux N Bostick
Branch
N Breedlove N Brooks Y Brown
Brush N Buck Y Buckner NByrd Y Campbell Y Canty N Carrell N Carter Y Cauthorn N Chafin N Chambless
Cheeks
N Childers
Y Clark.E
N Clark.L
Y Coker N Coleman
N Colwell Y Connell N Culbreth Y Cummings,B
Cummings.M
N Davis.D Y Davis.G Y Davis.M

N Dixon.H Y Dixon.S N Dobbs N Dover Y Dunn N Edwards
Elliott N Felton N Fennel Y Floyd.J.M N Floyd.J.W
Flynt N Godbee N Golden
Y Goodwin
E Green
Greene
Y Griffin
N Groover
Hamilton
Y Hammond
Y Hanner
N Harris.B
N Harris,J Y Heard Y Henson
N Herbert
N Holland
N Holmes N Howard N Hudson Y Irwin
N Jackson

N Jamieson
Y Jenkins Y Jones N Kilgore
YKing
Y Kingston Y Klein N Ladd
Y Lane.D
Y Lane.R
Langford
N Lawrence N Lawson NLee
N Long
N Lord N Lucas
Y Mann
N Martin N McBee Y McCoy N McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt
Y Milam
N Mills Y Mobley Y Moody
N Morsberger
Y Moultrie
Y Mueller

N Oliver.C N Oliver.M YOrr N Orrock N Padgett N Parham N Parrish
Patten Y Pelote
Y Perry N Pettit Y Pinholster
N Pinkston NPoag N Porter N Poston N Powell.A N Powell.C
Presley E Purcell N Randall Y Ray N Reaves
Redding N Ricketson
N Royal
Y Selman
N Sherrill
N Simpson Y Sinkfield N Skipper N Smith.L N Smith.P

N Smith.T Y Smith,W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat Y Taylor N Teper N Thomas.C
Y Thomas.M N Thomas.N
Thurmond
Y Titus Y Tolbert Y Townsend
N Turnquest
Y Twiggs N Valenti Y Vaughan N Walker.J N Walker.L N Wall
N Watson
N Watts N White Y Wilder
Y Williams.B Williams,J Williams.R Yeargin Murphy.Spkr

On the motion, the ayes were 62, nays 97. The motion was lost.

The following Bill of the House was again taken up for consideration:

HB 1146.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, collection, and assessment of the state sales and use tax, so as to provide for a limitation on the amount of the reimbursement deduction allowed to dealers for collecting such tax.

Representative Meadows of the 91st moved that HB 1146 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Abernathy
N Adams
Y Aiken
Alford
N Ashe N Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty N Benefield
N Birdsong
N Blitch

N Bordeaux N Bostick N Branch Y Breedlove N Brooks N Brown
Brush N Buck N Buckner NByrd
Campbell N Canty N Carrell .Y Carter N Cauthorn N Chafin N Chambless

N Cheeks N Childers Y Clark.E
Clark.L
N Coker
N Coleman
N Colwell
N Connell
N Culbreth
N Cummings,B
N Cummings,M N Davis.D Y Davis.G Y Davis.M N Dixon.H
Dixon.S N Dobbs

N Dover N Dunn
N Edwards Elliott
N Felton N Fennel N Floyd.J.M N Floyd.J.W
N Flynt N Godbee N Golden
Y Goodwin E Green
Greene
Y Griffin N Groover N Hamilton

N Hammond N Hanner N Harris.B N Harris.J
Y Heard N Henson
N Herbert N Holland N Holmes N Howard N Hudson Y Irwin N Jackson N Jamieson Y Jenkins N Jones N Kilgore

FRIDAY, FEBRUARY 28, 1992

1731

N King Y Kingston N Klein N Ladd N Lane.D N Lane.R Y Langford N Lawrence Y Lawson NLee
Long NLord N Lucas Y Mann N Martin N McBee Y McCoy N McKelvey
McKinney.B

N McKinney.C Y Meadows N Merritt N Milam N Mills N Mobley Y Moody Y Morsberger
Moultrie Y Mueller N Oliver.C N Oliver.M YOrr N Orrock N Padgett N Parham N Parrish
Patten N Pelote

Y Perry
N Pettit
Y Pinholster
N Pinkston
N Poag N Porter N Poston N Powell,A N Powell.C Y Presley E Purcell N Randall
NRay N Reaves N Redding N Ricketson
N Royal N Selman
N Sherrill

On the motion, the ayes were 30, nays 127. The motion was lost.

N Simpson N Sinkfield N Skipper
Smith.L N Smith.P N Smith.T N Smith.W
Smyre
Y Snow N Stancil.F
Y Stancil.S
N Stanley N Streat N Taylor N Teper
N Thomas.C
N Thomas, M
N Thomas.N
N Thurmond

N Titus
N Tolbert
Townsend Turnquest Twiggs N Valenti
Y Vaughan N Walker.J N Walker.L N Wall
N Watson
N Watts
N White
Wilder Y Williams.B
Williams.J
Williams.R
N Yeargin
Murphy.Spkr

Representative Meadows of the 91st moved that further consideration of HB 1146 be postponed until the next legislative day.

Representative Groover of the 99th moved the previous question. On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams N Aiken
Alford N Ashe N Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates N Beattv Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner YByrd
Campbell Y Canty Y Carrell N Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

N Clark.E
Y Clark.L
N Coker
Y Coleman
Y Colwell
Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards
Elliott
N Felton
Y Fennel
Y Floyd.J.M
Y Floyd.J.W
Y Flynt
Y Godbee
Y Golden
N Goodwin E Green
Greene N Griffin Y Groover Y Hamilton Y Hammond
Y Hanner
Y Harris.B
Y Harris.J

N Heard
Y Henson
Y Herbert Y Holland Y Holmes Y Howard
Y Hudson
Irwin
Y Jackson
Y Jamieson
N Jenkins
N Jones
N Kilgore
YKing
N Kingston
N Klein NLadd Y Lane.D Y Lane.R N Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas N Mann
Y Martin
Y McBee
Y McCoy
Y McKelvey
Y McKinney.B
Y McKinney.C N Meadows Y Merritt Y Milam

On the motion, the ayes were 123, nays 36. The motion prevailed.

Y Mills Y Mobley Y Moody
N Morsberger
Moultrie
N Mueller
Y Oliver.C
Y Oliver.M
NOrr
Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote N Perry Y Pettit
N Pinholster Y Pinkston N Poag
Y Porter
Y Poston
Y Poweli.A
Y Powell.C
N Presley
E Purcell
Y Randall NRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Y Smith.T
N Smith.W Smyre
Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Y Thomas.C
Y Thomas.M
Y Thomas.N
Y Thurmond
N Titus
Y Tolbert
Townsend
Turnquest
N Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White
Wilder N Williams.B
Williams.J
Williams.R
Y Yeargin
Murphy.Spkr

1732

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for limitations on the amount of the reimbursement deduction allowed to dealers for collecting certain sales and use taxes and the second motor fuel tax; to change the rate and procedures with respect to such deduction; to provide for a definition; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-8-50, relating to compensation of dealers for reporting and paying the state sales and use tax, and inserting in lieu thereof a new Code Section 48-8-50 to read as follows:
"48-8-50. (a) As used in this Code section, the term 'affiliated entity' means with respect to any corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity, any other corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity related thereto:
(1) As a parent, subsidiary, sister, or daughter corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity;
(2) By control of one corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity by the other; or
(3) By any other common ownership or control. (b) Each dealer required to file a return under this article shall include such dealer's certificate of registration number or numbers on such return. In reporting and paying the amount of tax due under this article, each dealer shall be allowed a deduction of 3 2.25 percent of the amount due, but only if the amount due was not delinquent at the time of payment? ; provided, however, that such deduction shall not exceed a combined total limit of $500,000.00 per year for all affiliated business entities or multiple locations of any such dealer. For the purpose of calculating such deduction limitation, the term 'dealer' shall include all affiliated business entities and multiple locations of any such dealer. The department shall compile and maintain a master registry of the certificate of registration numbers filed on such returns with respect to all the affiliated business entities and multiple locations of each dealer and shall assign a master number to each dealer for the purpose of calculating such deduction limitation. (c) With respect to a dealer which consists of only a single sales location or which consists of a group of fewer than four sales locations or affiliated entities, or any combination thereof, claiming such deduction, a separate return shall be filed for each sales location and affiliated entity for each reporting period. With respect to a dealer which consists of a group of four or more sales locations or affiliated entities, or any combination thereof, claiming such deduction, a single, consolidated return shall be filed for such entire group. (d) No deduction shall be allowed under this Code section unless all of the requirements of subsections (b) and (c) of this Code section have been satisfied. (e) The deduction authorized under this Code section shall be combined with and calculated with the deductions authorized under Code Section 48-8-87, Code Section 48-8-113, Code Section 48-9-14, Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, g. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' and any other sales tax, use tax, or sales and use tax which js levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code section against the combined total return of all such taxes reported due on the same return.

FRIDAY, FEBRUARY 28, 1992

1733

(f) The reimbursement deduction authorized under Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p_. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' shall be at the same rate and subject to the same requirements as the deduction authorized under this Code section."
Section 2. Said title is further amended by striking Code Section 48-8-87, relating to the administration and collection of the local option sales and use tax, and inserting in its place a new Code Section 48-8-87 to read as follows:
"48-8-87. The tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and of each qualified municipality located wholly or partially therein. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The rate ef the deduction shall be at the same rate authorized for and subject to the same requirements as deductions from the state tax imposed by Article 1 of this chapter."
Section 3. Said title is further amended by striking Code Section 48-8-113, relating to administration and collection of the special county 1 percent sales and use tax, and inserting in its place a new Code Section 48-8-113 to read as follows:
"48-8-113. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The rate ef the deduction shall be at the same rate authorized f-er and subject to the same requirements as deductions from the state tax imposed by Article 1 of this chapter."
Section 4. Said title is further amended by striking subsection (c) of Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new subsection (c) to read as follows:
"(c) In all other respects, the tax imposed by this Code section shall be administered and collected, dealers shall be compensated and subject to the same compensation requirements, and penalties and interest shall be imposed in the same manner as the sales and use tax collected pursuant to Article 1 of Chapter 8 of this title."
Section 5. This Act shall become effective on April 1, 1992.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Committee substitute to HB 1146 by striking from line 8 of page 2 through line 20 of page 3 the following:
"(b) Each dealer required to file a return under this article shall include such dealer^ certificate of registration number or numbers on such return. In reporting and paying the amount of tax due under this article, each dealer shall be allowed a deduction of 3 2.25 percent of the amount due, but only if the amount due was not delinquent

1734

JOURNAL OF THE HOUSE,

at the time of payment; j provided, however, that such deduction shall not exceed a combined total limit of $500,000.00 per year for all affiliated business entities or multiple locations of any such dealer. For the purpose of calculating such deduction limitation, the term 'dealer' shall include all affiliated business entities and multiple locations of any such dealer. The department shall compile and maintain a master registry of the certificate of registration numbers filed on such returns with respect to all the affiliated business entities and multiple locations of each dealer and shall assign a master number to each dealer for the purpose of calculating such deduction limitation.
(c) With respect to a dealer which consists of only a single sales location or which consists of a group of fewer than four sales locations or affiliated entities, or any combination thereof, claiming such deduction, a separate return shall be filed for each sales location and affiliated entity for each reporting period. With respect to a dealer which consists of a group of four or more sales locations or affiliated entities, or any combination thereof, claiming such deduction, a single, consolidated return shall be filed for such entire group.
(d) No deduction shall be allowed under this Code section unless all of the requirements of subsections (b) and (c) of this Code section have been satisfied.
(e) The deduction authorized under this Code section shall be combined with and calculated with the deductions authorized under Code Section 48-8-87, Code Section 48-8-113, Code Section 48-9-14, Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p_. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' and any other sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code section against the combined total return of all such taxes reported due on the same return.",
and inserting in its place the following:
"(b) Each dealer required to file a return under this article shall include such dealer's certificate of registration number or numbers on such return. In reporting and paying the amount of tax due under this article, each dealer shall be allowed a the following deduction ef 3 percent ef the amount de, but only if the amount due was not delinquent at the time of payment; :
(1) With respect to each certificate of registration number on such return, a deduction of 3 percent of the amount of tax indicated on such return for the first $3,000.00 of such tax; and
(2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of the amount of tax indicated on such return to the extent such tax exceeds $3,000.00.
(c) With respect to a dealer which consists of only a single sales location or which consists of a group of fewer than four sales locations or affiliated entities, or any combination thereof, claiming such deduction, a separate return shall be filed for each sales location and affiliated entity for each reporting period. With respect to a dealer which consists of a group of four or more sales locations or affiliated entities, or any combination thereof, claiming such deduction, a single, consolidated return shall be filed for such entire group. A consolidated return under this subsection shall only be used for the purpose of identifying the sales locations or affiliated entities of a dealer. The deduction requirements of subsection (b) of this Code section shall apply separately to each certificate of registration number on such return.
(d) The department shall compile and maintain a master registry of the certificate of registration numbers filed on such returns with respect to all the affiliated business entities and multiple locations of each dealer and shall assign a master number to each dealer.

FRIDAY, FEBRUARY 28, 1992

1735

(e) The deduction authorized under this Code section shall be combined with and calculated with the deductions authorized under Code Section 48-8-87, Code Section 48-8-113, Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, ^ 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' and any other sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code section against the combined total return of all such taxes reported due on the same return."
By striking from lines 13 through 19 of page 5 the following:
'"(c) In all other respects, the tax imposed by this Code section shall be administered and collected, dealers shall be compensated and subject to the same compensation requirements, and penalties and interest shall be imposed in the same manner as the sales and use tax collected pursuant to Article 1 of Chapter 8 of this title.'",
and inserting in its place the following:
'"(c) (1) IB Except as otherwise provided in paragraph (2) of this subsection, in all other respects, the tax imposed by this Code section shall be administered and collected; dealers shall be compensated, and penalties and interest shall be imposed in the same manner as the sales and use tax collected pursuant to Article 1 of Chapter 8 of this title.
(2) Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due. Each dealer shall be allowed a deduction of 3 percent of the amount due, but only if the amount was not delinquent at the time of payment. Except as to rate, the deduction shall be subject to the same requiremtitelen.t's" as deductions from the state tax imposed by Article 1. of Chapter 8 of this

The following amendment was read:
Representative Lawrence of the 49th moves to amend the Porter, et al. amendment to HB 1146 as follows:
By deleting the figure $3,000.00 from line 33, page 2, and line 5, page 3 and insert in lieu the figure $4,000.00.
On the adoption of the amendment to the Porter amendment, the roll call was ordered and the vote was as follows:

Abernathy N Adams Y Aiken N Alford
Y Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates
Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick N Branch

Y Breedlove N Brooks N Brown
Brush NBuck N Buckner NByrd Y Campbell N Canty
Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers Y Clark.E
Clark.L Y Coker N Coleman

N Colwell N Connell N Culbreth N Cummings.B N Cummings,M
N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards
Elliott Y Felton N Fennel N Floyd,J.M N Floyd.J.W N Flynt

N Godbee N Golden Y Goodwin E Green
Greene Y Griffin N Groover N Hamilton N Hammond N Manner N Harris.B N Harris.J Y Heard
Henson N Herbert Y Holland N Holmes N Howard N Hudson N Irwin

N Jackson N Jamieson N Jenkins
Y Jones N Kilgore NKing N Kingston N Klein YLadd N Lane.D N Lane.R Y Langford Y Lawrence Y Lawson NLee
Long NLord
Lucas YMann N Martin

1736
N McBee N McCoy N McKelvey
McKinney.B N McKinney.C Y Meadows N Merritt N Milam N Mills N Mobley N Moody Y Morsberger
Moultrie Y Mueller N Oliver.C N Oliver.M

JOURNAL OF THE HOUSE,

NOrr N Orrock N Padgett N Parham N Parrish
Patten N Pelote N Perry N Pettit Y Pinholster N Pinkston N Poag N Porter N Poston N Powell.A N Powell.C

Y Presley
E Purcell N Randall NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith.L N Smith.P N Smith.T

N Smith.W
Smyre
N Snow
N Stancil.F Y Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C
Y Thomas.M
N Thomas.N
N Thurmond N Titus Y Tolbert
Townsend

Turnquest N Twiggs N Valenti Y Vaughan N Walker.J N Walker.L N Wall N Watson N Watts N White
Wilder Y Williams.B
Williams.J
Williams.R
N Yeargin Murphy.Spkr

On the adoption of the amendment, the ayes were 32, nays 126. The amendment was lost.

The following amendment was read:

Representative Kilgore of the 42nd moves to amend the Porter, et al. amendment to HB 1146 as follows:
On page 3, line 5, after figure $3,000.00 the following:
"Provided, however, that such deduction shall not exceed a combined total limit of $500,000.00 per year."

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

Abernathy
N Adams
N Aiken
N Alford
N Ashe Y Atkins N Baker N Balkcom N Barfoot
N Bargeron
N Barnett.B Y Barnett.M N Bates N Beatty N Benefield N Birdsong N Blitch Y Bordeaux N Bostick N Branch N Breedlove N Brooks
N Brown
Brush YBuck N Buckner NByrd
Campbell
N Canty
N Carrell
N Carter
N Cauthorn
N Chafin
N Chambless N Cheeks N Childers

Y Clark.E Clark.L
Y Coker Y Coleman N Colwell Y Connell Y Culbreth Y Cummings.B N Cummings.M N Davis.D N Davis.G Y Davis.M Y Dixon.H N Dixon.S N Dobbs N Dover N Dunn
Edwards Elliott Felton N Fennel Y Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green Greene Y Griffin N Groover N Hamilton N Hammond Hanner Y Harris.B N Harris.J

N Heard
Y Henson
N Herbert Y Holland Y Holmes N Howard
N Hudson N Irwin Y Jackson
N Jamieson
Y Jenkins
N Jones
Y Kilgore
NKing
N Kingston
Y Klein NLadd
N Lane.D N Lane.R
Y Langford
N Lawrence
N Lawson
N Lee
Long
N Lord N Lucas
Y Mann
N Martin N McBee N McCoy N McKelvey
McKinney.B N McKinney.C Y Meadows N Merritt N Milam

N Mills N Mobley N Moody Y Morsberger
Moultrie N Mueller
N Oliver.C
N Oliver.M
N Orr
N Orrock N Padgett N Parham
N Parrish Patten
N Pelote N Perry N Pettit N Pinholster
Y Pinkston N Poag N Porter N Poston N Powell.A N Powell.C N Presley E Purcell N Randall
YRay
N Reaves
Redding N Ricketson N Royal
N Selman
N Sherrill
N Simpson
N Sinkfield

N Skipper
N Smith.L
N Smith.P N Smith.T Y Smith.W N Smyre N Snow N Stancil.F N Stancil.S Y Stanley Y Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N
Thurmond
N Titus
N Tolbert
Townsend
Turnquest
N Twiggs N Valenti
N Vaughan N Walker.J Y Walker.L N Wall
Y Watson Y Watts N White
Wilder N Williams.B
Williams.J Williams.R
N Yeargin
Murphy.Spkr

FRIDAY, FEBRUARY 28, 1992

1737

On the adoption of the amendment, the ayes were 35, nays 122. The amendment was lost.

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

Abernathy Y Adams
N Aiken Y Alford N Ashe N Atkins Y Baker N Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M
Y Bates N Beatty N Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove
Y Brooks Y Brown
Brush NBuck Y Buckner
YByrd N Campbell
Y Canty N Carrell
N Carter Y Cauthorn
N Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Clark.L
N Coker
N Coleman Y Colwell N Connell N Culbreth Y Cummings,B Y Cummings.M N Davis.D Y Davis.G N Davis.M Y Dixon.H N Dixon.S Y Dobbs N Dover Y Dunn Y Edwards
Elliott N Felton Y Fennel N Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Greene N Griffin Y Groover
Y Hamilton Y Hammond N Hanner N Harris.B Y Harris.J

N Heard
Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin N Jackson Y Jamieson N Jenkins N Jones Y Kilgore NKing N Kingston N Klein YLadd Y Lane.D Y Lane.R N Langford N Lawrence N Lawson NLee
Long NLord
Lucas N Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam

Y Mills N Mobley
Moody Y Morsberger
Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock
Y Padgett N Parham
Y Parrish Patten
Y Pelote
Y Perry Y Pettit N Pinholster N Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C N Presley E Purcell Y Randall NRay N Reaves N Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 101, nays 59. The amendment was adopted.

Y Skipper Y Smith.L Y Smith.P Y Smith.T N Smith.W
Y Smyre YSnow N Stancil.F
N Stancil.S Y Stanley N Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus N Tolbert
Townsend Turnquest Twiggs Y Valenti N Vaughan Y Walker.J N Walker.L Y Wall Y Watson N Watts Y White Wilder Y Williams.B Williams.J Williams.R Y Yeargin Murphy.Spkr

The Committee substitute, as amended, was adopted.

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

Abernathy Y Adams N Aiken Y Alford N Ashe N Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates N Beatty

Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner YByrd N Campbell

Y Canty Y Carrell
N Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers N Clark.E
Clark.L N Coker
Y Coleman Y Colwell Y Connell

Y Culbreth Y Cummings.B Y Cummings,M N Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott N Felton

Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden N Goodwin E Green
Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner

1738

JOURNAL OF THE HOUSE,

Y Harris.B Y Harris.J
N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin N Jackson Y Jamieson Y Jenkins
N Jones Y Kilgore YKing N Kingston N Klein N Ladd Y Lane.D Y Lane.R N Langford

N Lawrence N Lawson YLee Y Long YLord
Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B
Y McKinney.C N Meadows Y Merritt Y Milam Y Mills Y Mobley N Moody
Y Morsberger
Moultrie
N Mueller

Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote
Y Perry Y Pettit N Pinholster
Y Pinkston YPoag
Y Porter Y Poston Y Powell.A Y Powell.C N Presley E Purcell Y Randall N Ray

Y Reaves N Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L
Y Smith.P
Y Smith.T
Y Smith.W
Y Smyre
Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat
Y Taylor Y Teper Y Thomas.C

Y Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert
Townsend Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Wilder
N Williams.B
Williams ,J
Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 127, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.
Representative Porter of the 119th moved that HB 1146 be immediately transmitted to the Senate.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy
Y Adams N Aiken
Alford Y Ashe N Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates
N Beatty Y Benefield
Y Birdsong
Y Blitch Y Bordeaux Y Bostick
Y Branch N Breedlove Y Brooks
Y Brown
Brush
YBuck Y Buckner YByrd N Campbell Y Canty Y Carrell N Carter Y Cauthorn N Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
N Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M
Y Davis.D Y Davis.G N Davis.M Y Dixon.H
Dixon.S Y Dobbs
Y Dover
Y Dunn Y Edwards
Elliott Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden N Goodwin
E Green Greene
N Griffin Y Groover Y Hamilton Y Hammond Y Hanner
Harris.B Y Harris.J

N Heard
Y Henson
Y Herbert
Y Holland Y Holmes Y Howard Y Hudson Y Irwin N Jackson
Y Jamieson Y Jenkins
Y Jones
Y Kilgore
YKing N Kingston Y Klein N Ladd Y Lane.D Y Lane.R
N Langford N Lawrence N Lawson YLee YLong Y Lord
Lucas
N Mann Y Martin
Y McBee
Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett
Y Parham
Y Parrish Patten
Y Pelote
Y Perry Y Pettit
N Pinholster
Pinkston YPoag
Y Porter
Y Poston Y Powell.A Y Powell.C N Presley E Purcell Y Randall YRay Y Reaves N Redding
Y Ricketson Y Royal Y Selman
Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Y Smyre
YSnow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond
Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti
N Vaughan Y Walker,J
Y Walker.L
Y Wall Y Watson Y Watts Y White
Wilder N Williams.B
Williams,J Williams.R Y Yeargin
Murphy.Spkr

FRIDAY, FEBRUARY 28, 1992

1739

On the motion, the ayes were 130, nays 27. The motion prevailed.

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

HR 915. By Representatives White of the 132nd, Cummings of the 134th, Chambless of the 133rd, Lord of the 107th, Brooks of the 34th and others:
A resolution honoring Captain Willie Pitts, Jr., and inviting him to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 985. By Representatives Brooks of the 34th and McKinney of the 40th: A resolution honoring Paschal's Motor Hotel and Restaurant.

HR 986. By Representative Brooks of the 34th:
A resolution expressing regret at the passing of Mr. William "Buster" Alien Dunbar, Sr.

HR 987. By Representative Brooks of the 34th: A resolution commending Ms. Gwendolyn Brooks.

HR 988. By Representative Moultrie of the 93rd: A resolution commending Bobby Joe Baxley.

HR 989. By Representatives Flynt of the 75th, Jones of the 71st, Meadows of the 91st and Davis of the 77th:
A resolution commending and recognizing Mr. Bud Butcher.

The following Resolution of the House was read:

HR 992. By Representative Murphy of the 18th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, February 28, 1992, and shall reconvene on Monday, March 2, 1992.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 2 may be as ordered by the Senate; and the hour for convening the House on March 2 may be as ordered by the House.

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

1740

JOURNAL OF THE HOUSE,

Abernathy Y Adams Y Aiken
Alford
Y Ashe
Y Atkins
Y Baker
Y Balkcom
Y Barfoot
Y Bargeron
Y Barnett.B
Y Barnett.M Bates
Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush
Y Buck Y Buckner
Y Byrd Y Campbell Y Cantv Y Carrell
Y Carter
Y Cauthorn
Y Chafin
Y Chambless
Y Cheeks
Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman
Y Colwell
Y Connell
Y Culbreth
Y Cummings.B
Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton
Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
E Green
Greene
Y Griffin
Y Groover
Y Hamilton
Y Hammond
Y Manner
Y Harris.B
Y Harris.J

Y Heard
Y Henson
Y Herbert
Y Holland
Y Holmes
Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Long
YLord
Y Lucas
YMann
Y Martin
Y McBee
Y McCoy
Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt
Y Milam

Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote
Y Perry
Y Pettit
Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley
E Purcell Y Randall YRay Y Reaves
Redding
Y Ricketson
Y Royal
Y Selman
Y Sherrill
Y Simpson
N Sinkfield

Y Skipper
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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas, N
Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Williams.R
Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 156, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Mueller of the 126th moved that HB 1597 be withdrawn and recommitted to the Committee on Health and Ecology.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy N Adams Y Aiken
Alford N Ashe Y Atkins N Baker Y Balkcom Y Barfoot Y Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux
Bostick N Branch Y Breedlove N Brooks N Brown
Brush N Buck N Buckner
N Byrd N Campbell Y Canty

Y Carrell
N Carter
Y Cauthorn
N Chafin
N Chambless Y Cheeks
N Childers
Y Clark.E Clark.L
Y Coker N Coleman N Colwell
N Connell N Culbreth
N Cummings.B
N Cummings.M N Davis.D
Davis.G Y Davis.M
N Dixon.H
Dixon.S N Dobbs N Dover
Dunn N Edwards
Elliott Y Felton N Fennel
Floyd.J.M

Y Floyd.J.W
N Flynt
Y Godbee N Golden Y Goodwin E Green
Greene
Y Griffin N Groover N Hamilton
Y Hammond
N Hanner
Harris.B N Harris.J Y Heard N Henson N Herbert N Holland N Holmes Y Howard N Hudson N Irwin
Jackson N Jamieson Y Jenkins Y Jones N Kilgore NKing
Y Kingston

Y Klein YLadd
N Lane.D
Y Lane.R
Y Langford
Y Lawrence
Lawson NLee
YLong
Lord N Lucas
Y Mann
N Martin N McBee N McCoy
McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt
Milam
Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C N Oliver.M

N Orr N Orrock N Padgett N Parham N Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston
YPoag N Porter N Poston Y Powell.A N Powell.C Y Presley E Purcell N Randall Y Ray Y Reaves N Redding N Ricketson
N Royal N Selman N Sherrill N Simpson N Sinkfield
N Skipper

FRIDAY, FEBRUARY 28, 1992

1741

Y Smith.L N Smith.P N Smith.T Y Smith,W N Smyre
N Snow
Y Stancil.F

Y Stancil.S N Stanley Y Streat N Taylor N Teper
Y Thomas.C
Thomas,M

Thomas.N Thurmond N Titus Y Tolbert Townsend
Turnquest
Twiggs

On the motion, the ayes were 59, nays 85. The motion was lost.

N Valenti Y Vaughan N Walker.J N Walker.L N Wall
N Watson
N Watts

White Wilder Y Williams.B Williams.J Williams.R
Y Yeargin
Murphy.Spkr

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

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

HR 992. By Representative Murphy of the 18th: A resolution relative to adjournment.

Representative Coleman of the 118th 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 1750 Do Pass HR 732 Do Pass, by Substitute

HR 840 Do Pass, by Substitute HB 1391 Do Pass

Respectfully submitted, /s/ Coleman of the 118th
Chairman

Representative Parham of the 105th 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 and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 930 Do Pass SB 524 Do Pass HB 1853 Do Pass HB 1930 Do Pass

HR 844 Do Pass HB 838 Do Pass, by Substitute HB 1122 Do Pass, by Substitute HB 1222 Do Pass, by Substitute

Respectfully submitted, /s/ Parham of the 105th
Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

1742

JOURNAL OF THE HOUSE,

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 543 Do Pass HB 1721 Do Pass
Respectfully submitted, /s/ Randall of the 101st
Chairman

The following communication was received:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons who have registered in the Docket of Legislative Appearance as of February 28, 1992, in accordance with Georgia Law 1970, page 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 28th day of February, in the year of our Lord One Thousand Nine Hundred and Ninety-Two and of the Independence of the United States of America the Two Hundred and Sixteenth.

(SEAL)

Is/ Max Cleland Secretary of State

Karen Blackmon (1553) 2705 Church Street Suite C Atlanta, GA 30344 Confidential Bail Bonds Ga. Association Professional
Bail Agents Professional Association of
National Bail Bonds
June Brown (1563) 4717 Roswell Rd, Apt N4 Atlanta, GA 30342 Georgia Network Ending
Sexual Assault
Carol Burdine (1568) 2897 Royal Path Court Decatur, GA 30030 American Veterans of Will,
Korea & Vietnam (AMVETS)

Ronnie F. Clackum (1564) 7930 North Mcdonough Street Jonesboro, GA 30232 Clayton County
Police Department Ga. Association of
Chiefs of Police
Robert Conley (1570) 7930 North McDonough Blvd. Jonesboro, GA 30236 Police Department / Clayton County Ga. Association of Chief of Police
Kathy E. Davis (1560) 764 Grant Ter., S.E Atlanta, GA 30315 Progressive Redevelopment, Inc. Summerhill Parents
Action Resources

Dan Graveline (1562) 285 International Blvd., N.W. Atlanta, GA 30313 Ga. World Congress
Center Authority

FRIDAY, FEBRUARY 28, 1992

Paul L. Hudson, Jr. (1556) 133 Carnegie Way Atlanta, GA 30303 Private Healthcare Systems Ltd.
Douglas Jewett (1565) 7930 North McDonough Street Jonesboro, GA 30236 Clayton County
Police Department Ga. Association of
Chiefs of Police
Mark D. Johnson (1554) 191 Peachtree Street Atlanta, GA 30303 King & Spalding
Catherine Davis Joyce (1552) 2705 Church Street Suite C Atlanta, GA 30344-3209 Ga. Association of Professional
Bail Agents Professional Bail Agents
of the U.S.
Robert L. Lowe, Jr. (1551) 1134 Morningside Place, N.E. Atlanta, GA 30306 Association Resources
Group, Inc. Georgia Association of
Professional Bondsmen
Laura Ludwick (1555) 1041 Williams Mill Road Atlanta, GA 30306 Southeast Peace Coalition

Dwight Matheny (1569) P.O. Box 1369 Roswell, GA 30077 Citizens Commission on
Human Rights
Suzannah Pogue (1550) 233 Mitchell Street, S.W. Atlanta, GA 30334 American Civil Liberties Union
Monna D. Robinson (1561) 326 Fraser Street, S.E. Suite 314 Atlanta, GA 30312 Silver-Haired
Legislative Representative Fulton County Council on Aging Many Others for Senior Citizens,
Youth & School
John C. Sorrells (1566) Eastman Chemical Company P.O. Box 511 Kingsport, TN 37663 Eastman Kodak Company Eastman Chemical Company
Deborah Williams White (1558) 4996 Terrace Green Trace Stone Mountain, GA 30088 Dekalb Black Chamber of Commerce
Horace White (1557) 4996 Terrace Green Trace Stone Mountain, GA 30088 Dekalb Black Chamber of Commerce
Lori Younger (1567) 2039-B Stewart Ave Atlanta, GA 30315 Southside Healthcare Inc.

Pursuant to HR 992, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 2, 1992.

1744

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 2, 1992

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 Ashe Atkins Barfoot Bargeron
Barnett.M Bates Beatty Benefield
Birdsong
Blitch Bordeaux Bostick Branch
Breedlove
Brooks
Brown Brush Buck
Buckner
Byrd Campbell Canty
Carter
Cauthorn
Chafin Chambless Cheeks Childers

Clark.E Clark.L Coker Coleman Colwell
Connell Culbreth Cummings.B Cummings.M Davis.D Davis.G Davis.M Dixon.H
Dixon.S
Dobbs Dover Dunn Edwards Elliott Felton Fennel Floyd,J.M Floyd,J.W Flynt Godbee Golden Greene
Griffin
Groover
Hamilton Hammond

Manner Harris,B Harris.J Heard Henson Herbert Holland Holmes Howard Hudson Irwin Jackson Jamieson Jenkins Jones Kilgore King Klein
Ladd
Lane.D
Lane.R
Langford
Lawrence
Lawson
Lee
Lord
Lucas
Mann
Martin
McBee

McCoy McKelvey McKinney.B
Merritt Milam Mobley Moody Morsberger Moultrie Mueller Oliver.C Orr
Orrock Padgett Parham Parrish Patten Pelote Perry Pettit
Pinholster
Pinkston
Poag Porter
Powell,A Powell.C Presley
Reaves
Redding
Ricketson

Royal Sherrill Simpson Sinkfield Skipper Smith.L Smith.P Smith.W Stancil.F Stancil.S Taylor Teper Thomas.M Thomas.N Titus Tolbert
Townsend Twiggs
Valenti
Vaughan
Walker.J
Walker.L
Wall
Watson
Watts
Wilder
Williams.B
Williams.J
Williams.R
Murphy.Spkr

The following members were off the floor of the House when the roll was called:
Representatives Smith of the 152nd, Balkcom of the 140th, Carrell of the 65th, Yeargin of the 14th, Kingston of the 125th, Ray of the 98th, Meadows of the 91st, Goodwin of the 63rd, Selman of the 32nd, Long of the 142nd, Street of the 139th, Thomas of the 69th, McKinney of the 40th, Abernathy of the 39th, Randall of the 101st, Mills of the 20th, Stanley of the 33rd, Smyre of the 92nd, Baker of the 51st and White of the 132nd.
They wish to be recorded as present.

Prayer was offered by the Reverend David McLendon, Pastor, County Line Baptist Church, Lithia Springs, Georgia.

The members pledged allegiance to the flag.

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.

MONDAY, MARCH 2, 1992

1745

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 1950. By Representative Stancil of the 8th:
A bill to amend Code Section 15-6-50 of the Official Code of Georgia Annotated, relating to terms of office and qualifications of clerks of the superior courts, so as to change the provisions relating to the minimum age for qualifying for election to such office.
Referred to the Committee on Judiciary.
HB 1956. By Representatives Childers of the 15th and McKelvey of the 15th:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions of property from ad valorem taxation, so as to provide that boats of a resident taxpayer which are purchased and which remain outside this state shall be exempt from all ad valorem property taxes in this state.
Referred to the Committee on Ways & Means.
HB 1957. By Representatives Taylor of the 94th, Buck of the 95th, Culbreth of the 97th, Harris of the 96th, Smyre of the 92nd and others:
A bill to amend Code Section 48-5-29 of the Official Code of Georgia Annotated, relating to the acquisition of jurisdiction by the superior court in ad valorem property tax litigation, so as to provide that in property tax litigation cases, the superior court shall have jurisdiction only after the taxpayer pays the amount of taxes which would be due if the assessed valuation of the taxable property were the same as ti.at determined for the prior taxable year.
Referred to the Committee on Ways & Means.

HB 1958. By Representatives Flynt of the 75th and Adams of the 79th: A bill to provide a new charter for the City of Williamson.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1959. By Representatives Morsberger of the 62nd, Mueller of the 126th, Williams of the 48th, Goodwin of the 63rd and Hamilton of the 124th:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions of terms relating to ad valorem taxation of property, so as to change the definition of "fair market value"; to provide for the fair market value of certain property.
Referred to the Committee on Ways & Means.

1746

JOURNAL OF THE HOUSE,

HB 1960. By Representatives Morsberger of the 62nd, Mueller of the 126th, Ladd of the 44th, Williams of the 48th, Goodwin of the 63rd and others:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions of terms relating to ad valorem taxation of property, so as to change the definition of "fair market value" and the factors to be considered in determining the fair market value of property.
Referred to the Committee on Ways & Means.
HB 1961. By Representatives Morsberger of the 62nd, Mueller of the 126th, Williams of the 48th, Goodwin of the 63rd and Hamilton of the 124th:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions of terms relating to ad valorem taxation of property, so as to change the definition of "fair market value"; to provide that the fair market value of certain property shall not exceed certain advertised or quoted prices for such property.
Referred to the Committee on Ways & Means.
HB 1962. By Representatives Morsberger of the 62nd, Mueller of the 126th, Ladd of the 44th, Williams of the 48th, Goodwin of the 63rd 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 relating to ad valorem taxation of property, so as to require certain escrow agents to provide certain notices to tax receivers and tax commissioners.
Referred to the Committee on Ways & Means.
HB 1963. By Representatives Morsberger of the 62nd, Mueller of the 126th, Ladd of the 44th, Williams of the 48th, Goodwin of the 63rd and others:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notices of changes made in a taxpayer's ad valorem tax return, so as to provide for the inclusion of additional information in such notice.
Referred to the Committee on Ways & Means.

HB 1964. By Representatives Morsberger of the 62nd, Mueller of the 126th, Ladd of the 44th, Williams of the 48th, Goodwin of the 63rd and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to provide that when an appeal of the assessment of any property has been filed with the county board of equalization, all records, documents, and worksheets used by the county board of tax assessors shall be made available to the taxpayer.
Referred to the Committee on Ways & Means.
HB 1965. By Representatives Morsberger of the 62nd, Mueller of the 126th, Ladd of the 44th, Williams of the 48th, Goodwin of the 63rd and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, duties, review of assessments, and appeals, so as to provide for notices; to provide that, when an appeal has been filed, any taxpayer and the taxpayer's authorized agent or representative shall have the right to present during any discussion of the valuation or assessment of such taxpayer's property by the county board of tax assessors or the county board of equalization.
Referred to the Committee on Ways & Means.

MONDAY, MARCH 2, 1992

1747

HB 1966. By Representatives Morsberger of the 62nd, Mueller of the 126th, Ladd of the 44th, Williams of the 48th, Goodwin of the 63rd and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to provide for the payment of reasonable attorneys' fees and expenses of the owner of real property if the assessed value placed on such property by the board of tax assessors is reduced in an appeal to the county board of equalization or the superior court.
Referred to the Committee on Ways & Means.
HB 1968. By Representatives Snow of the 1st, Coker of the 21st, Smith of the 156th, Oliver of the 53rd and Wall of the 61st: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of civil actions, so as to provide for limitation of civil actions for childhood sexual abuse.
Referred to the Committee on Judiciary.
HB 1969. By Representative Carrell of the 65th:
A bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change certain provisions relating to the appointment and duties of the city administrator.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1970. 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 provide new election districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1971. By Representatives Dunn of the 73rd and Lawson of the 9th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to authorize and direct the Commissioner of Insurance to establish by regulation a uniform or standard claim form to be supplied by insurers for use by insureds in filing claims under accident and sickness insurance policies.
Referred to the Committee on Insurance.
HR 984. By Representative Campbell of the 23rd:
A resolution urging state agencies implementing roadway lighting projects using state funds to use alternative technologies or methods to minimize glare, sky glow, and light trespass.
Referred to the Committee on Transportation.
HR 990. By Representatives Morsberger of the 62nd, Mueller of the 126th, Ladd of the 44th, Williams of the 48th, Goodwin of the 63rd and others:
A resolution proposing an amendment to the Constitution so as to provide that, with certain exceptions, real property which is sold in an arm's length, bona fide sale by a willing seller to a knowledgeable buyer shall be appraised for ad valorem tax purposes at the sale price for the first taxable year, and for the next five taxable years, shall not be increased by a percentage greater than any change in the Consumer Price Index.
Referred to the Committee on Ways & Means.

1748

JOURNAL OF THE HOUSE,

HR 991. By Representatives Morsberger of the 62nd, Mueller of the 126th, Ladd of the 44th, Williams of the 48th, Goodwin of the 63rd and others:
A resolution proposing an amendment to the Constitution so as to provide that, with certain exceptions, when the assessment of real property for ad valorem tax purposes has been the subject of an appeal to the county board of equalization or to the superior court, the assessed value of such real property shall not be increased by a percentage greater than any change in the Consumer Price Index.
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 1938 HB 1940 HB 1941 HB 1944 HB 1945 HB 1946 HB 1947 HB 1948 HB 1949 HB 1951

HB 1952 HB 1953 HB 1954 HB 1955 HB 1967 HR 977 HR 978 SB 588 SB 704 SB 721

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

HOUSE RULES CALENDAR MONDAY, MARCH 2, 1992

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:

HB 538 HB 681 HB 999 HB 1004 HB 1145 HB 1270 HB 1314 HB 1356 HB 1386 HB 1435 HB 1445 HB 1598 HB 1609 HB 1750

Accident & sickness insurance; mammograms & Pap smears; coverage Uncompensated medical care; limitation on liability Media center materials; computer hardware & software Public info services and materials; user fees(Postponed 3-2-92) Motor vehicles; license plates and titles; fees Nonresident landlords; service of complaints Deceptive prac; local phone number/ nonlocal business; prohibition Programs for children; other than school hours Solid waste management; amend provisions Psychologists or psychiatrists & patients; privileged communications Tags; reservists and National Guard; certain units outside state Child care expenses; court- ordered reimbursement; include DHR Individual sewage management systems; regulate Revenue bonds; services provided or made available; amend

HR 875 Colonel Tom Parrott Parkway; designate HR 914 Clarence R. Vaughn, Jr., Highway; designate

SB 536 Real estate appraisals; bank use; certain license exemption

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

MONDAY, MARCH 2, 1992

1749

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

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

HB 1390.

By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide procedures for removing structures located on or over tidewaters, navigable streams, and navigable rivers of the state which are used as places of habitation.

HB 1444.

By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to abolish the Catoosa Utility District and board of utilities commissioners for Catoosa County.

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

SB 637. By Senators Johnson of the 47th, Pollard of the 24th, Edge of the 28th and others:
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 provide that the division shall report to certain officers on the condition of certain lakes and rivers.

SB 665. By Senator Deal of the 49th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension of drivers' licenses; to provide for periods of suspension with respect to violating Code Section 40-6-391, relating to driving under the influence of alcohol or drugs; to change the conditions under which a plea of nolo contendere may be used by a defendant to avoid certain penalties for violating Code Section 40-6-391.

SB 675. By Senators Johnson of the 47th and Deal of the 49th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in general, so as to provide that judges shall have contempt powers to deal with unexcused absent jurors.

SB 676. By Senators Johnson of the 47th and Deal of the 49th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide that manufacturing, distributing, dispensing, or possessing with intent to distribute a counterfeit substance in, on, or within 1,000 feet of any public or private school is a felony.

1750

JOURNAL OF THE HOUSE,

SB 680. By Senators Steinberg of the 42nd, Shumake of the 39th, Johnson of the 47th and others:
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 for enforcement of commitments to participate in the Georgia Medicaid program by certain institutional health services; to provide for penalties; to provide an effective date.

SB 681. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others:
A bill to amend Code Section 31-8-116 of the Official Code of Georgia Annotated, relating to involuntary transfer of residents discharged from a longterm care facility, so as to provide for additional notices if a facility intends to cease to continue to participate in the Medicaid program; to provide for transfer planning and requirements related to transfers, discharges, and planning therefor; to provide an effective date.

SB 688. By Senators Perry of the 7th, Hammill of the 3rd and Echols of the 6th:
A bill to amend Code Section 40-6-226 of the Official Code of Georgia Annotated, relating to offenses and penalties with respect to handicapped parking, so as to make it unlawful for any person other than the one to whom a handicapped parking permit or specially designated license plate for the disabled person is issued to park a vehicle in a handicapped parking place if the person for whom a handicapped parking permit or specially designated license plate for a disabled person is issued is not in the vehicle.

SB 701. By Senators Edge of the 28th, Garner of the 30th, Deal of the 49th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related organizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' compensation insurance issued to certain business entities; to provide for rules and regulations.

SB 703. By Senators Steinberg of the 42nd, Johnson of the 47th, Moye of the 34th and others:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for legislative findings; to create a State Commission on Family Violence; to provide for a comprehensive state plan for ending family violence; to provide for membership of the commission; to provide for appointment, terms, vacancies, per diem, and expenses of the members; to provide for officers, meetings, quorum, powers, and duties of the commission.

SB 722. By Senators Taylor of the 12th, Pollard of the 24th, Hasty of the 51st and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to reduce the waiting period under a policy of accident and sickness insurance for benefits to be payable for a preexisting illness or condition; to provide for applicability.

MONDAY, MARCH 2, 1992

1751

SB 723. By Senator Pollard of the 24th:
A bill to amend Code Section 34-9-152 of the Official Code of Georgia Annotated, relating to the application to the Commissioner of Insurance for a certificate of authority to establish a workers' compensation group self-insurance fund, so as to impose restrictions on the ability of counties and municipalities to create such funds; to provide an effective date.

HB 1605. By Representative Heard of the 43rd:
A bill to amend an Act incorporating Peachtree City, so as to provide for the terms of office of the mayor and city council.

HB 1606. By Representative Heard of the 43rd:
A bill to amend an Act creating a new charter for the City of Fayetteville, so as to provide for the manner of electing members of the city council and the mayor.

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

SR 475. By Senators Edge of the 28th, Garner of the 30th, Deal of the 49th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of a Workers' Compensation Trust Fund for use in the payment of compensation benefits to injured workers of employers who are not self-insured and who are not covered by a workers' compensation policy of insurance; to provide that certain provisions of the Constitution shall not be applicable to revenues raised for purposes of the fund; to provide for the submission of this amendment for ratification or rejection.

SR 486. By Senators Starr of the 44th and English of the 21st:
A resolution proposing an amendment to the Constitution so as to provide that the distribution of tractors, farm equipment, heavy equipment, and parts therefor in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare; to authorize the General Assembly to regulate tractor, farm equipment, and heavy equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia, in order to prevent frauds; to provide for the submission of this amendment for ratification or rejection.

SR 490. By Senators Taylor of the 12th, Deal of the 49th, Garner of the 30th and others:
A resolution urging Congress to reject any legislation imposing unrealistic Corporate Average Fuel Energy (CAFE) standards on the automobile industry.

Representative Orrock of the 30th moved that the following Bill of the House be taken from the table.

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JOURNAL OF THE HOUSE,

HB 1068.

By Representative Orrock of the 30th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide that a licensed clinical social worker is authorized to certify the need for involuntary emergency treatment of a person who is mentally ill, mentally retarded, an alcoholic, a drug dependent individual, or a substance abuser.

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

Y Abernathy N Adams N Aiken
Y Alford Y Ashe Y Atkins
Baker Y Balkcom
N Barfoot Bargeron
N Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty N Carrell Y Carter Y Cauthorn
Y Chafin Chambless
Y Cheeks Y Childers

Y Clark.E Y Clark.L N Coker N Coleman Y Colwell
Connell Y Culbreth
Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon,S Y Dobbs
Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel YFloydJ.M Y Floyd,J.W Y Flynt N Godbee Y Golden N Goodwin E Green Y Greene
Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B
Y Harris.J

Y Heard Y Henson
Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore
YKing Y Kingston Y Klein
NLadd Y Lane.D N Lane,R N Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann Y Martin
Y McBee N McCoy Y McKelvey Y McKinney.B
McKinney,C Meadows Y Merritt Milam

Mills
Y Mobley N Moody N Morsberger Y Moultrie
Mueller N Oliver.C Y Oliver,M YOrr Y Orrock N Padgett
Parham N Parrish N Patten Y Pelote Y Perry Y Pettit N Pinholster Y Pinkston
N Poag Y Porter
Poston Y Powell.A
Powell.C
Y Presley E Purcell
Randall
YRay N Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Snow Y Stancil.F N Stancil.S Stanley Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M
Thomas.N Thurmond
N Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J
Walker.L Y Wall Y Watson
Watts White N Wilder N Williams.B Y Williams.J N Williams.R Yeargin Murphy,Spkr

On the motion, the ayes were 113, nays 30. The motion prevailed.

Representative Mills of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

By unanimous consent, further consideration of HB 1004 was postponed until Monday, March 9, 1992, immediately following the period of unanimous consents.

The following Resolution of the House was read and referred to the Committee on Rules:
HR 993. By Representatives Dixon of the 128th, Pelote of the 127th, Bordeaux of the 122nd, Merritt of the 123rd and Hamilton of the 124th:
A resolution recognizing the Savannah, Georgia, St. Patrick's Day Parade and Festivities and inviting the Grand Marshal and the General Chairman and their aides to appear before the House of Representatives.

MONDAY, MARCH 2, 1992

1753

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

SB 637. By Senators Johnson of the 47th, Pollard of the 24th, Edge of the 28th and others:
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 provide that the division shall report to certain officers on the condition of certain lakes and rivers.
Referred to the Committee on Natural Resources & Environment.

SB 665. By Senator Deal of the 49th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension of drivers' licenses; to provide for periods of suspension with respect to violating Code Section 40-6-391, relating to driving under the influence of alcohol or drugs; to change the conditions under which a plea of nolo contendere may be used by a defendant to avoid certain penalties for violating Code Section 40-6-391.
Referred to the Committee on Motor Vehicles.

SB 675. By Senators Johnson of the 47th and Deal of the 49th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in general, so as to provide that judges shall have contempt powers to deal with unexcused absent jurors.
Referred to the Committee on Special Judiciary.

SB 676. By Senators Johnson of the 47th and Deal of the 49th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide that manufacturing, distributing, dispensing, or possessing with intent to distribute a counterfeit substance in, on, or within 1,000 feet of any public or private school is a felony.
Referred to the Committee on Judiciary.

SB 680. By Senators Steinberg of the 42nd, Shumake of the 39th, Johnson of the 47th and others:
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 for enforcement of commitments to participate in the Georgia Medicaid program by certain institutional health services; to provide for penalties; to provide an effective date.
Referred to the Committee on Health & Ecology.

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SB 681. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others:
A bill to amend Code Section 31-8-116 of the Official Code of Georgia Annotated, relating to involuntary transfer of residents discharged from a longterm care facility, so as to provide for additional notices if a facility intends to cease to continue to participate in the Medicaid program; to provide for transfer planning and requirements related to transfers, discharges, and planning therefor; to provide an effective date.
Referred to the Committee on Health & Ecology.

SB 688. By Senators Perry of the 7th, Hammill of the 3rd and Echols of the 6th:
A bill to amend Code Section 40-6-226 of the Official Code of Georgia Annotated, relating to offenses and penalties with respect to handicapped parking, so as to make it unlawful for any person other than the one to whom a handicapped parking permit or specially designated license plate for the disabled person is issued to park a vehicle in a handicapped parking place if the person for whom a handicapped parking permit or specially designated license plate for a disabled person is issued is not in the vehicle.
Referred to the Committee on Judiciary.

SB 701. By Senators Edge of the 28th, Garner of the 30th, Deal of the 49th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related organizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' compensation insurance issued to certain business entities; to provide for rules and regulations.
Referred to the Committee on Insurance.

SB 703. By Senators Steinberg of the 42nd, Johnson of the 47th, Moye of the 34th and others:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for legislative findings; to create a State Commission on Family Violence; to provide for a comprehensive state plan for ending family violence; to provide for membership of the commission; to provide for appointment, terms, vacancies, per diem, and expenses of the members; to provide for officers, meetings, quorum, powers, and duties of the commission.
Referred to the Committee on State Planning & Community Affairs.

SB 722. By Senators Taylor of the 12th, Pollard of the 24th, Hasty of the 51st and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to reduce the waiting period under a policy of accident and sickness insurance for benefits to be payable for a preexisting illness or condition; to provide for applicability.
Referred to the Committee on Insurance.

MONDAY, MARCH 2, 1992

1755

SB 723. By Senator Pollard of the 24th:
A bill to amend Code Section 34-9-152 of the Official Code of Georgia Annotated, relating to the application to the Commissioner of Insurance for a certificate of authority to establish a workers' compensation group self-insurance fund, so as to impose restrictions on the ability of counties and municipalities to create such funds; to provide an effective date.
Referred to the Committee on Insurance.

SR 475. By Senators Edge of the 28th, Garner of the 30th, Deal of the 49th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of a Workers' Compensation Trust Fund for use in the payment of compensation benefits to injured workers of employers who are not self-insured and who are not covered by a workers' compensation policy of insurance; to provide that certain provisions of the Constitution shall not be applicable to revenues raised for purposes of the fund; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Insurance.

SR 486. By Senators Starr of the 44th and English of the 21st:
A resolution proposing an amendment to the Constitution so as to provide that the distribution of tractors, farm equipment, heavy equipment, and parts therefor in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare; to authorize the General Assembly to regulate tractor, farm equipment, and heavy equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia, in order to prevent frauds; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Agriculture & Consumer Affairs.

SR 490. By Senators Taylor of the 12th, Deal of the 49th, Garner of the 30th and others:
A resolution urging Congress to reject any legislation imposing unrealistic Corporate Average Fuel Energy (CAFE) standards on the automobile industry.
Referred to the Committee on Motor Vehicles.

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

HB 1750. By Representatives Walker of the 115th, Buck of the 95th and Groover of the 99th:
A bill to amend Code Section 36-82-62 of the Official Code of Georgia Annotated, relating to the powers relating to undertakings and revenue bonds generally, so as to authorize fees to be charged to persons to whom services are provided or made available by an undertaking financed by a revenue bond.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 536. By Senators Turner of the 8th, Bowen of the 13th and Echols of the 6th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, the "Real Estate Appraiser Licensing and Certification Act," so as to provide that a person appraising real property exclusively for the internal use of a bank, savings and loan association, or credit union shall not be required to be licensed, certified, or registered; to provide an exception; to provide for applicability; to provide an effective date.

The following Committee substitute was read:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially revise the "Real Estate Appraiser Licensing and Certification Act"; to change the short title; to change certain terms applicable to registration, licensing, and certification of real estate appraisers; to provide for appropriate appraiser classifications in order to enable the Georgia Real Estate Appraisers Board to meet certain federal guidelines; to require such board to establish at a minimum such classifications as are necessary for appraisers to appraise in federally related transactions; to exempt from the requirements of Chapter 39A certain governmental officials while such officials are performing their official duties; to exempt from the requirements of Chapter 39A under certain conditions a person appraising real estate or real property exclusively for the use of a bank, a savings and loan association, or a credit union; to clarify certain provisions relating to exemptions; to change the provisions relating to qualifications for membership on the Georgia Real Estate Appraisers Board; to change the provisions relating to how real estate appraisers sign and identify themselves in appraisal reports; to change certain provisions relating to violations of Chapter 40 of this title as such provisions apply to appraisers; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety Chapter 39A, known as the "Real Estate Appraiser Licensing and Certification Act," and inserting in lieu thereof a new Chapter 39A to read as follows:
"CHAPTER 39A
43-39A-1. This chapter shall be known and may be cited as the 'Real Estate Appraiser Liccnaing d Certification Classification and Regulation Act.'
43-39A-2. As used in this chapter, the term: (1) 'Analysis' means a study of real estate or real property other than one estimat-
ing value. (2) 'Appraisal' or 'real estate appraisal' means an analysis, opinion, or conclusion
prepared by an appraiser relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. An appraisal may be classified by subject matter into either a valuation or an analysis.
(3) 'Appraisal report' means any communication, written or oral, of an appraisal. For purposes of this chapter, the testimony of an appraiser dealing with the appraiser's analyses, conclusions, or opinions concerning identified real property is deemed to be an oral appraisal report.

MONDAY, MARCH 2, 1992

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(4) 'Appraisal Subcommittee' means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended.
(5) 'Appraiser' means any person who; for a valuable consideration or with the intent or expectation of receiving the same from another, engages in real estate appraisal activity on any type of real estate or real property is a registered real catatc appraiser, a licensed real estate appraiser, or a certified real estate appraiser.
(6) 'Appraiser classification' means any category of appraiser which the board creates by designating criteria for qualification for such category and by designating the scope of practice permitted for such category.
iff) (7) 'Board' means the Georgia Real Estate Appraisers Board established pursuant to the provisions of this chapter.
{7} (8) 'Certified appraisal' or 'certified appraisal report' means an appraisal or appraisal report given2 and signed; and certified as such by a certified real estate appraiser. A certified appraisal or appraisal report represents to the public that it meets the appraisal standards defined in this chapter.

type of 681 estftte of rcfirt property, wincfi registered OF licensed FesI estate 8ppF8is~
be permitted by the Appraisal Subcommittee; and (B) Holds a current, valid certification issued under the provisions ef- this chap-
tefr (9) 'Commission' means the Georgia Real Estate Commission created in Code Section 43-40-2. (10) 'Commissioner' means the real estate commissioner. (11) 'Evaluation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that relates to the nature, quality, or utility of identified real estate or identified real property. (12) 'Federally related transaction' means any real estate related financial transaction which (A) a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates; and (B) requires the services of an appraiser. (13) 'Independent appraisal assignment' means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of identified real estate or identified real property. (14) 'Licensed real estate appraiser' means a person who:
4A-) For a valuable consideration engages in real estate appraisal activity em ytT rvCSiQcnLial real estate OF real property Or one to tour units, tnc value of

transactions; or
Subcommittee; and {B) Holds a current, valid license issued under the provisions ef this chapter.
tion is flutnorizcd to engflge tn resi estste spprfti&8i sctivity only tn cpsfissctions wriicn ftfe not- iGderftiiy reiftted trflnsflctions fts detined by tne Apprsisfll o'UDCoitimtitt-cc sitd
wno noids & current^ vftlid FcjjistrfltioR issued under tne provisions ot tnis cfiftpte'F. 4i ) (14) 'Real estate' means an identified parcel or tract of land, including
improvements, if any. (K) (15) 'Real estate appraisal activity' means the act or process of valuation of
real estate or real property and preparing an appraisal report. (16) 'Real estate related financial transaction' means any transaction involving:

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(A) The sale, lease, purchase, or exchange of or investment in real estate or real property or the financing thereof;
(B) The refinancing of real estate or real property; and (C) The use of real estate or real property as security for a loan or investment, including mortgage backed securities. 4i9) (17) 'Real property' means one or more defined interests, benefits, and rights inherent in the ownership of real estate. 430) (18) 'Specialized services' means services, other than independent appraisal assignments which are performed by an appraiser. Specialized services may include marketing, financing, and feasibility studies; valuations; analyses; and opinions and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling. 431) (19) 'State' includes any state, district, territory, possession, or province of the United States or Canada. 433) (20) 'Valuation' means an estimate of the value of real estate or real property. 433) (21) 'Valuation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that estimates the value of an identified parcel of real estate or identified real property at a particular point in time. 43-39A-3. (a) There is created the Georgia Real Estate Appraisers Board, which shall consist of five members. All members must be residents of Georgia. One member shall be a public member. The public member of the board shall not be connected in any way with the practice of real estate appraisal, real estate brokerage, or mortgage lending. Four members shall be real estate appraisers who have been actively engaged in the real estate appraisal business for at least three years. In appointing real estate appraisers to the board, while not automatically excluding other appraisers, the Governor shall give preference to real estate appraisers who do not hold an active, occupational license which authorizes their work in real estate brokerage or mortgage lending activities, who do not have a financial interest in any real estate brokerage firm or mortgage lending firm, and who are not employees of real estate brokerage firms or mortgage lending firms. (b) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation and to areas of appraisal expertise. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate.

appraiser members s4*a-H be certified real estate appraisers, and twe shall be licensed reai estate appraisers.
4d-) (c) The term of each member of the board shall be five years, except thaty one of the successors to the two members first appointed to serve until July 1, 1992, shall be appointed to serve until July 1, 1994, and one of the successors to the two members first appointed to serve until July 1, 1993, shall be appointed to serve until July 1, 1995. In the event of a vacancy, the Governor shall appoint a person to fill such vacancy and the person so appointed shall serve for the remainder of the unexpired term.
(e) (d) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. No person shall serve as a member of the board for more than eight consecutive years. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the board for any of the following:
(1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; or
(3) Dishonest conduct.
4f) (e) The members of the board shall annually elect a chairperson from among the members to preside at board meetings.
4g) (f) The board shall meet at least once each calendar quarter, or as often as is necessary, and remain in session as long as the chairperson shall deem it necessary to

MONDAY, MARCH 2, 1992

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give full consideration to the business before the board. A quorum of the board shall be three members. Members of the board or others may be designated by the chairperson of the board, in a spirit of cooperation, to confer with similar boards of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the board in the advancement of the profession and the standards of real estate appraisal activity.
{W (g) Each member of the board shall receive as compensation for each day actually spent on his or her official duties at scheduled meetings and for time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum of $25.00 and his or her actual and necessary expenses incurred in the performance of official duties.
fi) (h) The commission shall supply staff support for the board. The commissioner shall serve as executive officer of the board. The commissioner shall be charged with the duties and powers as delegated by the board.
43-39A-4. The board is authorized to establish the amount of any fee which it is authorized by this chapter to charge and collect. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged and collected by the board shall approximate the total of the direct and indirect costs to the state of the operations of the board.
43-39A-5. Any registration, license, er certification appraiser classification issued to an employee of the commission by the board shall be on inactive status during the time of the employee's employment with the commission. Any such employee shall not be required to pay a fee to keep a registration, license, er certification an appraiser classification on an inactive status. Such registration, license, Of certification appraiser classification shall be taken off inactive status and returned to the employee when that person's employment ends.
43-39A-6. The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'Real Estate Appraiser Board, State of Georgia' and such other device as the board may desire included thereon, by which it shall authenticate the acts of tr ' board. Copies of all records and papers in the office of the board, certified by the signature of the real estate commissioner and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals. The board shall maintain records so that it may certify the history of appraisers for a period of up to five years preceding the date of certification.
43-39A-7. Any person desiring to act as a registered, licensed, r certified real estate appraiser must file an application for a registration, license, er certification an appraiser classification with the board. The application shall be in such form and detail as the board shall prescribe, setting forth the following:
(1) The name and address of the applicant and the name under which the applicant intends to conduct business;
(2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and
(3) Such other information as the board shall require.

(A) Have attained the age ef 18 years; \o^ G 8 resident Of trie felftte Or Oeor^io., unless tnftv person nss tuiiy complied* with the provisions ef- ede Section 43-39A-0;
mcnt equivalency diploma; and \LJ) F urnisn evidence ef completion et at least TO in' class nours ift & course
ef professional practice. (2) Failure te meet any ef the requirements provided in paragraph ft) ef this
4b) H-) In order te qualify as a licensed real estate appraiser, aft applicant must:

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(o^ oc ft resident ot tne otflte of Lreoriijifl., unless tnftt- person rifts tuny compitecr with the provisions ef Cede Section 43-30A-0;
\Oj De ft nij^H school gr&dxidte OP tne noidep OT 8 ^enerfli eel ucftttonsl develop* mcnt equivalency diploma; and
f&) Meet education, experience, and examination standards which at a minimum are consistent with any guidelines established by the Appraisal Subcommittee. f2) Failure te meet any ef the requirements provided in paragraph ft) ef this sbsection shall be grounds fer denial of license without a hearing. fe) ft) In order te qualify as a certified real estate appraiser, a applicant must:
{A) Have attained the age ef 18 years; vo7 lie ft resident OT tne otflte of oeorgi&, unless t^nst person n&9 ittny complied with the provisions ef- Gede Section 43-30A-0;
mcnt equivalency diploma; and fE>) Meet education, experience, and examination standards which at a minimum
are consistent with any guidelines established by the Appraisal Subcommittee. f2) Failure te meet any ef the requirements provided in paragraph ft) ef this sbsoction shall be grounds fer denial ef certification without a hearing.
examination, ef education standards which at a minimum vote consistent with any guidelines lor sucn standards cotaolisncd Dy tnc /vppraisai buDcommittcc. i nc ooard is also
estate appraisers er ccrtiiicd real estate appraisers as may ee necessary tn order te oe* consistent witn any guidelines tor sucn classes ef licensed er ccrtiiicd appraisers as may be established by the Appraisal Subcommittee.
43-39A-8. (a) The board is authorized to establish through its rules and regulations such appraiser classifications as are necessary to comply with federal law in order to assure that Georgia has appropriate classifications of appraisers authorized to appraise in federally related transactions. The board shall establish criteria for experience, examination, or education standards and shall establish the scope of practice for such classifications as are necessary to comply with guidelines established by the Subcommittee. The board shall also create a classification of appraiser to aj nonfederally related transactions and for which applicants need only to meet education standards established by the board through its rules and regulations.
f&) (b) As a prerequisite to renewal of a registration, license, er certification an appraiser classification, an appraiser shall present evidence satisfactory to the board of having successfully completed or instructed, during the immediately preceding term ef registration, liccnsurc, er certification renewal period, a board approved continuing education course or courses of not less than ten hours of in-class instruction for each year of the renewal period fer registered, licensed, and certified real estate appraisers. No appraiser whose registration, license, er certification appraiser classification has been placed on inactive status shall be allowed to reactivate ft registration, license, er certification such appraiser classification unless the provisions of this subsection are met in addition to any other requirements of this chapter.
ff) (c) The board, through its rules and regulations, shall establish standards for offering of all education courses required by this Code section.
fg) (d) In making its determinations with respect to the courses of study required by this Code section, the board shall give weight to courses which teach one or more of the following:
(1) Appropriate knowledge of technical terms commonly used in or related to real estate appraising and appraisal report writing and economic concepts applicable to real estate and real property;
(2) An understanding of the basic principles of land economics and the real estate appraisal process and the problems likely to be encountered in gathering, interpreting, and processing the data required in the real estate appraisal process;
(3) An understanding of the standards for the development and communication of real estate appraisals as provided in this chapter;

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(4) An understanding of the ethical rules that an appraiser is required to observe; (5) Appropriate knowledge of theories of depreciation cost estimating, methods of capitalization, and the mathematics of real estate appraisal; (6) An understanding of basic real estate law; (7) An understanding of the types of misconduct for which disciplinary proceedings may be initiated against an appraiser, as set forth in this chapter; and (8) An understanding of such other matters as may confront appraisers in real estate appraisal activity. (h) (e) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a registration, license, er certification an appraiser classification or denial of renewal of a registration, license, er certification an appraiser classification without further hearing. No fees or portion of fees paid shall be refunded if an appraiser fails to meet the continuing education provisions of this chapter. (t) Notwithstanding any other provision ef this Code section, the board 4s authorized te require additional hours ef- educational courses for applicants for licensure er eertifiCfltion OF of continuing cducst-ion *OP licensed rcsi estste Qpprfliscrs or CCFLIIICCI rcfli cstfttc ftppFftiseFiSj rt tftc z\ppF8i98l ou Dcoimwiit/tcc ftdopts fii^'fi'Cr miniiTiuFft fiours top sucri licensed er certified appraisers, provided that th board requires at least those minimum hours required by the Appraisal Subcommittee. 43-39A-9. (a) Every applicant for liccnsure e* certification an appraiser classification under this chapter who is not a resident of Georgia shall submit, with the application for liccnaurc ot certification an appraiser classification, an irrevocable consent that service of process upon the applicant may be made by delivery of the process to the real estate commissioner, if, in an action against the applicant in a court of Georgia arising out of the applicant's activities as an appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant. (b) A nonresident of Georgia who has complied with the provisions of subsection (a) of this Code section may obtain a license er certification an appraiser classification by conforming to all of the provisions of this chapter relating to the license or certification sought. (c) An applicant who is licensed ef certified has an appraiser classification in another state under such state's laws which are designed to comply with 12 U.S.C. Seer Section 3301, et seq., may obtain a similar license r certification appraiser classification as an appraiser in Georgia upon, at the time of filing an application:
(1) Meeting the requirements of subsection (a) of this Code section;
(2) Paying any required fees;
(3) Causing the licensing body of the applicant's resident state, or any other state in which the applicant may be licensed et certified hold an appraiser classification, to furnish to the board a certification of licensure er certification such appraiser classification and copies of the records of any disciplinary actions taken against the applicant's license ef certification appraiser classification in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license ef certification an appraiser classification to a nonresident or for suspension or revocation of the license ef certification appraiser classification issued to a nonresident;
(4) Agreeing in writing to cooperate with any investigation initiated under this chapter by promptly supplying any documents any authorized investigator of the board may request and by personally appearing in the board's offices or other location in Georgia as the board's investigator may request. If the board sends by certified mail to the last known business address of a nonresident appraiser a notice to produce documents or to appear for an interview with an authorized investigator or the board and the nonresident appraiser fails to comply with that request, the board may impose on the nonresident appraiser any disciplinary sanction permitted by this chapter; and
(5) Signing a statement that the applicant has read this chapter and its rules and regulations and agrees to abide by its provisions in all real estate appraisal activity in Georgia.

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43-39A-10. (a) The board shall prescribe the form of a wall certificate to denote

cation. The board shall mail the wall certificate to the appraiser whose duty it shall be to display the wall certificate conspicuously in the appraiser's place of business. The board shall also prepare and deliver a pocket card indicating that the appraiser classification of the person whose name appears thereon is a registered real estate appraiser,
(b) A registration, license, er certification An appraiser classification issued under authority of this chapter shall bear a number assigned by the board. When signing an
report, ft registered refll e9t>8te 9ppr8iser snsii pisee ftts Of ncr
Qiser. w rien si^nin^j &R spprsissl report^ ft licensed resl estftt'C spprsiser stiflii pisce

title ef- 'Certified Real Estate Appraiser.' Such registration, license, or certificate number shall atee be used in aH statements ef qualification, contracts, er other instruments used T^y tnc appraiser wncn reference is made to nis of ncr registered, licensed, ef ccrtiiicd status. The board through its rules and regulations shall establish standards which require appraisers to disclose their appraiser classification and number assigned by the board in all appraisal reports and in all statements of qualifications, contracts, or other instruments used by the appraiser when reference is made to his or her appraiser classification status.
(c) Wall certificates and pocket cards shall remain the property of the board and, upon any suspension or revocation of a registration, license, ef certification an appraiser classification pursuant to this chapter, the individual holding the related wall certificate or pocket card shall immediately return such wall certificate or pocket card to the board.
43-39A-11. (a) To pay its share of the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the board shall establish reasonable fees in accordance with Code Section 43-39A-4 and in accordance with its rule-making authority. No fee or portion of a fee required under this chapter which is paid to the board shall be refunded. Each appraiser shall be responsible for paying his or her own fees.
(b) If the board administers an examination, at the time an application for examination is submitted, the board shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits.
(c) Prior to the issuance of an original registration, liccnac, or certification appraiser classification, each applicant shall pay an activation fee in advance as established by the board.
(d) All registrations, licenses, aftd certifications appraiser classifications shall be renewed periodically as determined by the board in its rules and regulations, and the board shall charge a fee for any such registration, license, er certification appraiser classification renewed. The time for renewal of a registration, license, er certification an appraiser classification and the number of years for which it may be renewed shall be in the discretion of the board. All fees shall be deposited into the state treasury for the expenses of the board. This Code section shall not obviate any other fees or conditions required to maintain such registration, license, er certification appraiser classification in accordance with this chapter. A registration, license, er certification An appraiser classification not renewed in accordance with this subsection shall be lapsed.
(e) Applications and fees must be filed personally in the board's offices during regular business hours or may be mailed to the board's offices in a letter postmarked by the United States Postal Service.
(f) Any appraiser whose registration, license, er certification appraiser classification lapses for failure to pay a renewal fee may reactivate that registration, license, ef certification appraiser classification within two years of the date of its lapsing by paying the

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total amount of all renewal fees and late charges which would have been due during the period when the registration, license, er certification appraiser classification was lapsed plus a reactivation fee. If any appraiser allows a registration, liccnac, or certification an appraiser classification to lapse for a period longer than two years due solely to a failure to pay a renewal fee, the appraiser may have that registration, liccnac, or certification appraiser classification reinstated by paying the total amount of all renewal fees and late charges which would have been due during the period when the registration, liccnac, er certification appraiser classification was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the board may require. Any appraiser whose registration, license, er certification appraiser classification has lapsed for longer than ten years and who seeks to have that registration, license, er certification appraiser classification reinstated must requalify as an original applicant as set forth in Code Section 43-39A-8. The board may refuse to renew a registration, license, er certification an appraiser classification if the appraiser has continued to perform real estate appraisal activities following the lapsing of that rcgiatration, liccnac, or certification appraiser classification.
(g) Any appraiser who does not wish to be actively engaged in real estate appraisal activity may continue a registration, liccnac, er certification an appraiser classification
by making a written request within 14 days of ceasing work that the rcgiatration, liccnac, er certification appraiser classification be placed on inactive status. Any appraiser whose registration, license, er certification appraiser classification has been placed on an inac-
tive status may not engage in real estate appraisal activity. To reactivate a registration, liccnac, er certification an appraiser classification held on inactive status, an appraiser
must make application to the board prior to resuming real estate appraisal activity. Any appraiser who seeks to reactivate a registration, liccnac, er certification an appraiser
classification which has been placed on inactive status shall be required to meet any continuing education requirement which the appraiser might have otherwise been required to meet during the period when the appraiser's rcgiatration, liccnac, er ccrtifica-
tien appraiser classification was placed on inactive status. (h) Any appraiser who places a rcgiatration, license, er certification an appraiser clas-
sification on inactive status shall be required to pay the renewal fee provided for in subsection (d) of this Code section. Whenever any appraiser on inactive status fails to pay the required fee, the rcgiatration, license, er certification appraiser classification shall be
lapsed. If an appraiser on inactive status changes address, the appraiser shall notify the board of the new address, in writing, within 14 days.
(i) Any check which is presented to the board as payment for any fee which the board is permitted to charge under this chapter and which is returned unpaid may be
cause for denial of a registration, liccnac, er certification an appraiser classification or for imposing any sanction permitted by this chapter.
(j) Any school approved to offer required education courses under this chapter, except units of the University System of Georgia, shall pay an original application fee
and renewal fee as established by the board. If such an approval lapses, the school may reinstate the approval by paying the total amount of all renewal fees and late charges
which would have been due during the period the approval was lapsed plus a reactivation fee.
(k) A reasonable fee, not to exceed the renewal fee charged for a rcgiatration, licenae, er certification an appraiser classification, may be imposed by the board on any applicant or appraiser who:
(1) Fails to notify the board in writing within 14 days of a change of address; or
(2) Fails to respond within 14 days to a written inquiry from the board requesting further information on any application the applicant or appraiser has filed with the
board. (1) The board is authorized to collect and forward to the Federal Financial Institutions Examination Council the annual registry fee required for appraisers who perform
or seek to perform appraisals in federally related transactions as set forth in 12 U.S.C. Section 3338 and to submit to the Appraisal Subcommittee, no less than annually, a roster listing real estate appraisers who are licensed er certified in accordance with this
chapter have appraiser classifications suitable for inclusion in the federal registry.

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43-39A-12. Except as provided for in subsection (1) of Code Section 43-39A-11, all fees collected pursuant to this chapter shall be deposited by the board into the state treasury. Out of the funds thus arising shall be paid the expenses contemplated in this chapter for the administration and enforcement of this chapter. All expenditures authorized by the board shall be paid from the funds received pursuant to this chapter. The expenses of the board and its support staff must always be kept within the income collected and deposited in accordance with this chapter; and the expenses thereof shall not be supported or paid from any other state fund or licensing authority.
43-39A-13. The board, through its rules and regulations, shall have the full power to regulate the issuance of registrations, licenses, ad certifications appraiser classifications, to discipline appraisers in any manner permitted by this chapter, to establish qualifications for registrations, licenses, and certifications appraiser classifications consistent with this chapter, to regulate approved courses, and to establish standards for real estate appraisals.
43-39A-14. (a) Registrations, licenses, or certifications Appraiser classifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such manner as to
safeguard the interests of the public and only after satisfactory proof of such qualifica-
tions has been presented to the board. (b) Where an applicant for a registration, license, or certification an appraiser classi-
fication has been convicted in a court of competent jurisdiction of this or any other
state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or
conspiracy to defraud or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a registration, a license, or a certification an appraiser classification. As used in this chapter, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without
regard to its designation elsewhere; and, as used in this chapter, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. Where an applicant for a registration, a license, or a certification an appraiser classification has been arrested, charged, and sentenced for the commission of a felony or any crime involving moral turpitude and where
such applicant was granted first offender treatment without adjudication of guilt pursuant to the charge, or pleaded nolo contendere to such charge, such sentencing in itself may be a sufficient ground for refusal of a registration, a license, er- a certification an appraiser classification. An applicant for a registration, a license, or a certification an appraiser classification who has been convicted of any offense enumerated in this subsection may be registered, licensed, W certified issued an appraiser classification by the
board only if: (1) At least five 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 board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests
of the public. (c) Where an applicant or an appraiser has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law
judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of a registration, a license, er a certification an appraiser classification or the imposition of any sanction
permitted by this chapter. (d) Where an applicant or an appraiser has made a false statement of material fact
on an application or caused to be submitted or been a party to preparing or submitting
any falsified application to the board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the registration, license, of certification appraiser classification.

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(e) Grounds for suspension or revocation of a registration, license, or certification an appraiser classification, as provided for by this chapter, shall also be grounds for refusal to grant a registration, license, or certification an appraiser classification.
(f) The conduct provided for in subsections (a) through (d) of this Code section which relates to the denial of a registration, a license, of a certification an appraiser classification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser.
(g) If an appraiser: (1) Voluntarily surrenders a license er certification an appraiser classification to
the board; (2) Allows a registration, license, or certification an appraiser classification to lapse
due to failure to meet education requirements provided by law; or (3) Allows a registration, license, or certification an appraiser classification to lapse
due to failure to pay any required fees
after the board has filed a notice of hearing alleging that such appraiser has violated
any provision of this chapter but before the board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds
for refusal of a new registration, license, er certification appraiser classification to such person.
(h) Where an applicant for a registration, license, r certification an appraiser classification has been sanctioned by the board or by a similar board of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of a rcgis tration, license, or certification an appraiser classification. An applicant for a license #r certification an appraiser classification who has had a an occupational registration, license, or certification revoked by any occupational licensing body of this state, any other state, or any foreign country may be licensed ef certified granted an appraiser
classification by the board only if: (1) At least five years have passed since the date that the applicant's occupational
registration, Iicense2 or certification was revoked; (2) No criminal charges are pending against the applicant at the time of applica-
tion; and
(3) The applicant presents to the board satisfactory proof that the applicant now
bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public.
(i) Whenever any appraiser is convicted of any offense enumerated in subsection (b)
of this Code section, such appraiser must immediately notify the board of that conviction. Such appraiser's registration, license, er certification appraiser classification shall
automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such
hearing held pursuant to this subsection, the board in its discretion may impose upon that appraiser any sanction permitted by this chapter.
43-39A-15. (a) If the board, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to accept the application, the board shall provide for a hearing for such applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) Any person who has exhausted all administrative remedies available within this
chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-39A-16. (a) If an appraiser changes a residence or place of business address, such appraiser shall notify the board, in writing, within 14 days of such change.
(b) Nothing contained in this chapter shall be deemed to prohibit an appraiser from engaging in the practice of real estate appraisal activity as a professional corporation in
accordance with the provisions of Chapter 7 of Title 14, the 'Georgia Professional Corporation Act.'

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43-39A-17. (a) After July 1, 1991, no person engaged in the business of real estate appraisal activity in Georgia or acting in the capacity of an appraiser in Georgia may bring or maintain any action in any court of this state to collect compensation for the performance of real estate appraisal activity for which a registration, a license, or a certification an appraiser classification is required by this chapter without alleging and proving that such person was registered, licensed, er certified in Georgia held a Georgia appraiser classification of the type necessary to perform such appraisal activity at all times during the performance of such services.
(b) The board by and through the commissioner may bring an action for any violation of this chapter.
43-39A-18. (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board shall have the power to reprimand appraisers and approved schools; to revoke or suspend any registration, license, er certification appraiser classification issued under this chapter; to revoke or suspend approval of any school; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one hearing; to require completion of a course of study in real estate appraisal or instruction; or to utilize any combination of these sanctions which the board may deem appropriate whenever a license or certification or a school approval has been obtained by false or fraudulent representation or whenever an appraiser or an approved school has been found guilty of a violation of this chapter, of the rules and regulations promulgated by the board, or of any standard of conduct, including, but not limited to, the following acts or omissions:
(1) Performing any real estate appraisal activity or specialized services which indicate any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make any such preference, limitation, or discrimination;
(2) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit substantially an appraiser or another person or with the intent to injure substantially another person;
(3) Commission of any act of fraud, misrepresentation, or deceit in the making of an appraisal of real estate for which act a final civil or criminal judgment has been rendered;
(4) Engaging in real estate appraisal activity under an assumed or fictitious name not properly registered in this state;
(5) Paying a finder's fee or a referral fee to a person who is not an appraiser in connection with an appraisal of real estate or real property;
(6) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;
(7) Violation of the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency;
(8) Violation of any of the standards for the development or communication of real estate appraisals as promulgated by the board;
(9) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
(10) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;
(11) Accepting an independent appraisal assignment when the employment itself is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or where the fee to be paid is contingent upon the opinion, conclusions, analysis, or valuation reached or upon the consequences resulting from the appraisal assignment;
(12) Failure to retain for a period of five years the original or a true copy of each
appraisal report prepared or signed by the appraiser and all supporting data assem-
bled and formulated by the appraiser in preparing each such appraisal report. The

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five-year period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the delivery of each appraisal report to the client unless, within such five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the five-year period for the retention of records shall commence upon the date of the final disposition of such litigation;
(13) Failure upon reasonable request of an appraiser to make all records required to be maintained under the provisions of this chapter available to the board for inspection and copying by the board;
(14) Performing any appraisal beyond the scope of authority granted in the registration, license, or certification appraiser classification held;
(15) Demonstrating incompetency to act as an appraiser in such a manner as to safeguard the interests of the public or any other conduct, whether of the same or a different character than specified in this subsection, which constitutes dishonest dealing; or
(16) Performing or attempting to perform any real estate appraisal activity on property located in another state without first having complied fully with that state's laws
regarding real estate appraisal activity. (b) In a disciplinary proceeding based upon a civil judgment, an appraiser shall be afforded an opportunity to present matters in mitigation and extenuation but may not collaterally attack the civil judgment.
(c) When an appraiser has previously been sanctioned by the board or by any other state's real estate appraiser licensing authority, the board may consider such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that an appraiser has violated any provision of this chapter or any of the rules and
regulations of the board. The failure of an appraiser to comply with or to obey a final order of the board may be cause for suspension or revocation of the individual's registra-
tion, license, ef certification appraiser classification after opportunity for a hearing. 4o-oyA-iy. (a) INO person otncr tnan d certified real estate appraiser snail assume
er se seh title er taty title, designation, or abbreviation likely to create ;the impression

uation ef reai estate by tfee term 'certified.' No appraiser who holds an appraiser classification may use any title, designation, or abbreviation likely to create the impression that such appraiser holds a different appraiser classification. No appraiser shall describe or refer to any appraisal report or any appraisal or other evaluation of real estate by a term or terms which are likely to create the impression that the appraisal was done by an appraiser with a different appraiser classification than that held by the appraiser performing the appraisal.
\o) ouDscction \fi) OT tnis L^ode section snail not preclude a registered real estate
tion. However, any appraisal report prepared fey 8 registered real estate appraiser of licensee! real estate appraiser must, wncncvcr appropriate, include a statement tnat tne
appraiser does not hold an appraiser classification which permits the performance of a particular appraiser assignment for use in a federally related transaction, the appraiser must include in such appraiser's appraisal report a statement that the appraisal report may not be eligible for use in a federally related transaction.
(c) The A term 'certified real estate appraiser' or title denoting an appraiser classification may only be used to refer to individuals who hold such certification appraiser classification and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group or in such manner that it might be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the certification appraiser classification.
(d) No registration, license, er certification appraiser classification shall be issued under the provisions of this chapter to a corporation, partnership, firm, or group.
43-39A-20. (a) A client or employer may retain or employ an appraiser to act as a disinterested third party in rendering an unbiased valuation or analysis. A client or

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employer may also retain or employ an appraiser to provide specialized services to facilitate the client's or employer's objectives. In either case, the appraisal and the appraisal report must comply with the provisions of this chapter.
(b) For the purposes of this chapter, the term 'specialized services' as defined in Code Section 43-39A-2 means those appraisal services which do not fall within the definition of independent appraisal assignment. The term 'specialized services' may include valuation work and analysis work. Regardless of the intention of the client or employer, if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, the work is classified as an independent appraisal assignment and not 'specialized services.'
(c) An appraiser may not accept a fee for an independent appraisal assignment that is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or is contingent upon the opinion, conclusion, analysis, or valuation reached or upon the consequences resulting from the independent appraisal assignment.
(d) An appraiser who enters into an agreement to perform specialized services may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services.
(e) If an appraiser enters into an agreement to perform specialized services for a contingent fee, this fact shall be clearly stated in each written and oral report. In each written report, this fact shall be clearly stated in a prominent location in such report, in each letter of transmittal, and in the certification statement made by the appraiser in such report.
(f) Any appraiser who performs specialized services for which any other law requires licensure, certification, or registration must first obtain that licensure, certification, or registration before undertaking any such specialized services.
43-39A-21. (a) Before the board shall impose on any appraiser any sanction permitted by this chapter, it shall provide for a hearing for such appraiser in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) If any appraiser or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such appraiser or applicant and take action as if such appraiser or applicant had been present. A notice of hearing, initial or proposed decision, or final decision of the board in a disciplinary proceeding shall be served upon the appraiser or applicant by personal service or by certified mail, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is undeliverable and if the appraiser or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such appraiser or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the appraiser or applicant.
(c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-39A-22. (a) The board may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any appraiser, applicant, or school approved by the board; provided, however, that, whenever a request for investigation involves an appraisal report which varies from a sales, lease, or exchange price by 10 percent or less, the board may in its discretion decline to conduct an investigation. Except for investigations of applicants for licenaurc er certification appraiser classifications, investigations of allegations of fraudulent conduct, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the board shall not initiate an investigation on its own motion or upon a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within three years of the initiation of the investigation.
(b) Any person authorized to conduct an investigation on behalf of the board shall have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the board.

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(c) In the conduct of an authorized investigation, the chairperson of the board or the commissioner may issue subpoenas to compel production of such writings, documents, or material on behalf of the board. After the service of a notice of hearing, the commissioner or chairperson of the board may issue subpoenas to compel production of such writings, documents, or material, either on behalf of the board or at the request of a respondent. The board or the respondent may apply to the superior court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with such an order shall be punishable as for contempt of court.
(d) The results of all investigations shall be reported only to the board or to the commissioner and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the board and no part of any investigative record shall be released for any purpose other than a hearing before the board or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority
or at the discretion of the board upon an affirmative vote of all members of the board, review by the respondent after the service of a notice of hearing, review by the board's
legal counsel, or an appeal of a decision by the board to a court of competent jurisdiction. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent.
(e) Whenever the board revokes or suspends for more than 60 days a registration, a license, a certification, an appraiser classification or a school approval or whenever an
appraiser or an approved school surrenders a registration, a license, a certification, an appraiser classification or an approval to the board after the board has filed a notice of hearing, the board shall publish the name of such appraiser or approved school in its official newsletter.
(f) The board shall have the authority to exclude all persons during the board's or
the staff of the board's: (1) Deliberations on disciplinary proceedings;
(2) Meetings with an appraiser or an applicant or the legal counsel of that appraiser or applicant in which the appraiser or applicant seeks to settle a contested
case as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and
(3) Review of the results of investigations initiated under this Code section.
43-39A-23. Whenever, in the judgment of the board, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attor-
ney General may maintain an action in the name of the state in the superior court of the county in which such violation occurred to abate and enjoin temporarily or permanently such acts and practices and to enforce compliance with this chapter. The plaintiff
shall not be required to give any bond. 43-39A-24. (a) Except as provided in this Code section, on and after July 1, 1991,
it shall be unlawful for anyone to engage in real estate appraisal activity in this state without first obtaining a registration, license, er certification an appraiser classification
as provided in this chapter. Nothing in this chapter shall be construed to prohibit any person who is licensed to practice in this state under any other law from engaging in
the practice for which such person is licensed. (b) This chapter shall not apply to: (1) Individuals:
(A) Who do not render significant professional assistance in arriving at a real
estate appraisal analysis, opinion, or conclusion; or (B) Who assist an appraiser in the preparation of an appraisal report but do not
sign that report or make any representations regarding it to any third party; (2) A real estate licensee licensed in accordance with Chapter 40 of this title who,
in the ordinary course of real estate brokerage business, gives a broker's price opinion, competitive market analysis, or any other written or oral opinion to a potential seller,
purchaser, landlord, tenant, or third party as to the recommended listing, lease, rental, or purchase price of real estate or real property; provided, however, that this opinion as to the listing, lease, rental, or purchase price shall not be referred to as an appraisal;

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(3) A registered forester registered pursuant to the provisions of Code Section 12-6-40 who appraises or evaluates standing or growing timber located in this state and issues a 'certified' appraisal or valuation on such timber as permitted by Code Section 12-6-40, except that, when an appraisal or valuation of standing or growing timber is to be used in a federally related loan transaction, such registered forester must obtain a license er certification the proper appraiser classification under this chapter, if required by federal law and the Appraisal Subcommittee;
(4) Any individual, partnership, or corporation which, as owner, as the spouse of an owner, as general partner of a limited partnership, as officer of a corporation, as lessor, or as prospective purchaser or lessee or its regular employees, expresses an opinion of value on real estate or real property leased or to be acquired by such owner; er
(5) Any person who testifies to the value of real estate or real property in the
courts of this state; T (6) Any officer or employee of a government agency in the conduct of official
duties; or (7) Unless otherwise required by federal law or regulation, a person appraising real
estate or real property exclusively for the use of a bank, a savings and loan association, or a credit union. (c) The exceptions provided by subsection (b) of this Code section shall not apply to any person who holds an appraiser classification. 43-39A-25. (a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of real estate appraisal activity defined in Code Section 43-39A-2, whether as a part of an appraisal or as an appraisal, shall be deemed an appraiser within the meaning of this chapter. The commission of a single such act by a person who is required to have a registration, license, or certification an appraisal classification under this chapter but who is net se registered, licensed, er certified has not obtained such appraiser classification shall constitute a violation of this chapter. (b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, an appraiser within this state without first obtaining a registration, license, ef certification an appraiser classification as provided in this chapter.
(c) Notwithstanding any other provisions of law to the contrary, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of an appraiser without a license of certification proper appraiser classification. Such cease and desist order shall be final ten days after it is issued unless the person to whom such order is issued requests a hearing before the board.
(d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $1,000.00 for each transaction constituting a violation of such order. Each day that a person practices in violation of this chapter shall constitute a separate violation.
(e) Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the board.
(f) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.
43-39A-26. Any person acting as an appraiser within the meaning of this chapter without a registration, license, er certification an appraiser classification and any person who violates any other provision of this chapter shall be guilty of a misdemeanor.
43-39A-27. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Real Estate Appraisers Board shall be terminated on July 1, 1994, and this

MONDAY, MARCH 2, 1992

1771

chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. Said title is further amended by striking in its entirety paragraph (15) of subsection (a) of Code Section 43-40-25, relating to violations of Chapter 40 of this title, and inserting in lieu thereof a new paragraph (15) to read as follows:
"(15) Indicating that an opinion given to a potential seller, purchaser, landlord, or tenant regarding a listing, lease, rental, or purchase price is an appraisal unless such licensee holds a registration, license, or certification as an appraiser an appraiser classification in accordance with Chapter 39A of this title;".
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 Langford of the 7th moves to amend SB 536 by striking line 7 of page 39 and inserting in lieu thereof the following:
"agency in the conduct of official duties, except when the appraisal is being used by a government agency exercising its power of eminent domain; 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:

Abernathy Y Adams Y Aiken Y Allord Y Ashe Y Atkins Y Baker Y Balkcom Y Barioot Y Bargeron
Barnett.B Y Harriett,M Y Hates Y Heatty Y Henefield Y Birdsong Y Blitch *l Bordeaux Y Boslick Y Branch Y Breedlove Y Brooks Y Brown
Brush Y Buck N Buckner Y Byrd Y Campbell Y Canty Y Carrel!
Carter Y Caulhorn
Chafin Y Cham bless
Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs N Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,!) Y Harris.J

Y Heard Y Henson
Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langi'ord Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Mills Y Mobley
Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M N Orr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag
Porter Y Poston Y Powell.A Y Powell.C Y Presley E Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y' Simpson
Sinkfield

Y Skipper Y Smith.L Y Sm th,P Y Sm th,T Y Sm th,W
Sm re Y Snt w Y Stancil.F
Stancil.S Stanley Y Street Y Taylor Y Teper Y Thomas.C Y Thomas,M Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Walker.I, Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,,) Y Williams.R N Yeargin Murphy,Spkr

1772

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 143, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Barnett of the 10th and Stancil of the 8th were excused from voting on SB 536, pursuant to Rule 134.

Representatives McCoy of the 1st and Mills of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative 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 914. By Representatives Alford of the 57th, Irwin of the 57th, Blitch of the 150th and Henson of the 57th:
A resolution commending Honorable Clarence R. Vaughn, Jr., and designating the Clarence R. Vaughn, Jr., Highway.

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

Abernathy Y Adams
Aiken Y Alford Y Ashe
Atkins Y Baker Y Balkram Y Barfoot Y Bargeron Y Barnelt.B Y Barnett.M Y Bales Y Realty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y BreedSove Y Brooks
Brown Brush Y Buck Y Bu kner Y By d Y Ca ipbell Y ('a ty Y Ca rell Ca ti-r Y Ca thorn Y Chalin Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Cnker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis,D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.VV Y' Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,.!

Y Heard Y Henson
Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y" Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Poag Y Porter Y Poston Y Powell.A Y Powell,C Y Presley E Purcell
Randall Y Ray Y Reaves Y Redding Y RickeUum Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

On the adoption of the Resolution, the ayes were 147, nays 0.

Y Skipper Smith,L
Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts White Wilder Williams,B Y Williams,J Y Williams,R Y Yeargin Murphy,Spkr

MONDAY, MARCH 2, 1992

1773

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

Representatives Mills of the 20th, Vaughan of the 20th and Dixon of the 128th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1598.

By Representatives Martin of the 26th, Parrish of the 109th, Childers of the 15th, McKinney of the 35th, Hamilton of the 124th and others:
A bill to amend Code Section 15-11-56 of the Official Code of Georgia Annotated, relating to expenses charged to county and payment by parents on court order of expenses involving treatment, care, and support of a child, so as to provide that the court may order payment from the parents or other legally obligated persons to reimburse all or part of the costs and expenses of the Department of Human Resources for treatment, care, and support of the child.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y' Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Harriett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y' Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell N Canty Y Carrell
Carter Y Cauthorn Y Chalin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings.B Y Cummings,M
Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y" Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y" Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.I) Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKeivey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger
Moultrie Mueller Y Oliver.C Y Oliver.M Y Orr Orrock Y Padgett Par ham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston N Poag Porter Y Poston Y Powell.A Y Powell.C Y Presley E Purcell Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Snow Y Stancil.F Y Stancil.S Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Williams.B Y Williams.J Y Williams.R Y Y'eargin Murphy.Spkr

On the passage of the Bill, the ayes were 148, nays 2. The Bill, having received the requisite constitutional majority, was passed.

Representatives Dixon of the 128th and Mills of the 20th 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.

1774

JOURNAL OF THE HOUSE,

HB 1314.

By Representative Murphy of the 18th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices under the "Fair Business Practices Act of 1975," so as to prohibit certain deceptive publications of local telephone numbers by nonlocal providers of goods or 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 roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Bart'oot Y' Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benetield Y' Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y' Camphell Y Canty Y Carrell Y Carter Y Cauthorn Y Chatin Y Chambless
Y Cheeks Y Childers

Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliot! Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Law-son
Y Lee Long
Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag
Porter Poston Y Powell.A Y Powell.C Y Presley E Purcell
Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,.! Y Williams.R Y" Yeargin
Murphy,Spkr

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

HB 1356.

By Representatives Oliver of the 53rd, Sinkfield of the 37th, Herbert of the 76th, Hamilton of the 124th, Baker of the 51st and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide a statement of legislative purpose and intent; to authorize certain programs of care and activities before school, after school, and during vacation periods for school age children.

The following Committee substitute was read:

A BILL
To amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide a statement of legislative purpose and intent; to authorize certain programs of care and activities before school, after

MONDAY, MARCH 2, 1992

1775

school, and during vacation periods for school age children; to authorize a needs assessment; to require public notice and access to board actions; 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 Annotated, relating to local boards of education, is amended by adding at the end a new Code section to read as follows:
"20-2-64. (a) The General Assembly of Georgia, recognizing the need for providing school age children with programs outside the normal school curriculum that enable them to reach their full potential as students within that curriculum, hereby declares that programs which provide for the care and supervision of such students outside of normal school hours and during vacation periods serve an educational purpose, in that they are necessary or incidental to public education and can be an integral part of the total school program offered by public schools in this state.
(b) The board of education of any county, area, or independent school system is authorized to establish and operate, contract for, or otherwise make provisions for programs that provide care and supervision before school, after school, or during vacation periods, or during any combination of these time periods, for school age children who are temporary or permanent residents of the geographical area served by such system.
(c) Consistent with existing local rules, regulations, policies, or procedures, a local board of education shall determine whether to conduct a needs assessment before establishing, operating, contracting for, or otherwise making provisions for programs defined in subsection (b) of this Code section.
(d) In accordance with the requirements of Code Section 50-14-1, the local board of education shall notify the public of the board's intention to provide programs as defined in subsection (b) of this Code section. A local board of education may provide such additional notice or proceedings as deemed appropriate to solicit public comment and review of the board's actions regarding any programs defined in subsection (b) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read;

Representative Thomas of the 69th moves to amend the Committee substitute to HB 1356 as follows:
By adding on line 22, page 2, a new subsection (e) to read as follows:
(e) The needs assessment as required by (c) above, shall include, but not be limited to the following:
1). An assessment of the targeted population, and
2). An availability study of all existing community resources that serve or could serve the targeted population and the potential impact such a program would have on these resources.

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

Y Abernathy Y Adams N Aiken N Alford N Ashe Y Atkins
Baker

Balkcom Barfoot Y Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty

Y Benefield Y Birdsong N Blitch N Bordeaux N Bostick N Branch N Breedlove

N Brooks N Brown Y Brush N Buck N Buckner N Byrd N Campbell

N Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Chambless N Cheeks

1776

JOURNAL OF THE HOUSE,

N Childers Y Clark.E
Clark.L N Cuker Y Coleman N r.ilweli
Cunnell N Culbreth N Cummings,B N Cummings,M N Davis.D Y Davis.G Y Davis.M Y Dixon.H N Dixon.S N Dobbs
Dover Y Dunn N Edwards N Elliutt N Fellon
Fennel Y Fluyd.J.M Y Floyd.J.W N Flynt
Godbee N Gulden Y Goodwill E Green

N Greene Griffin
Y Groover N Hamilton N Hammond
Manner N Harris.B N Harris,J N Heard N Henson N Herbert Y Holland N Holmes N Howard N Hudson N Irwin Y Jackson
Jamieson Y .lenkins N Jones N Kilgore N King Y Kingston Y Klein Y Ladd Y Lane.D N Lane.R
Langford Y Lawrence

Y Lawson Y Lee
Long N Lord Y Lucas Y Mann N Martin N McBee N McCoy N McKelvey
McKinney,B N McKinney.C Y Meadows N Merritt N Milam N Mills Y Mobley Y Moody N Morsberger N Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett Y Parham Y Parrish
Patten

N Pelote Y Perry
Pettit N Pinholster Y Pinkston Y Poag
Porter Y Poston N Powell.A Y Powell.C N Presley E Purcell Y Randall NRay Y Reaves N Redding Y Ricketson Y Royal N Selman N Sherrill Y Simpson N Sinkfield Y Skipper Y Smith.L N Smith.P
Smith.T N Smith.W
Smyre Y Snow

On the adoption of the amendment, the ayes were 62, nays 93. The amendment was lost.

N Stancil.F N Stancil.S N Stanley N Streat N Taylor N Teper Y Thomas.C N Thomas.M N Thomas.N Y Thurmond N Titus Y Tolbert N Townsend
Turnquest N Twiggs N Valenti Y Vaughan N Walker.J Y Walker.L N Wall N Watson N Watts
White N Wilder N Williams.B N Williams.J N Williams.R N Yeargin
Murphy ,Spkr

Representative Davis of the 45th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read and adopted:

Representative Thomas of the 69th moves to amend the Committee substitute to HB 1356 as follows:
Page 2, line 17 substitute "may" for "shall".

The following amendment was read and adopted:

Representative Oliver of the 53rd moves to amend the Committee substitute to HB 1356 by striking on line 6 of page 1 the word "authorize" and inserting in its place the word "require".
By striking on line 9 of page 2 the following:
"determine whether to".
By adding on line 10 of page 2 after the word "assessment" and before the word "before" the following:
", the scope and methodology of which shall be determined solely by the board,".
By adding on line 15 of page 2 after the word "to" and before the word "provide" the following:
"vote whether to".

The Committee substitute, as amended, was adopted.

MONDAY, MARCH 2, 1992

1777

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B
Harriett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y' Branch N Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter
Y Cauthorn Y Chafin
Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G
Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene
Griffin Y Groover
Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee YLong YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston N Poag
Porter Y Poston Y Powell.A Y Powell.C Y Presley E Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman
Y Sherrill Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J N Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 681. By Representatives Childers of the 15th, Wilder of the 21st, Parham of the 105th, Moultrie of the 93rd, Green of the 106th and others:
A bill to amend Code Section 51-1-29.1 of the Official Code of Georgia Annotated, relating to liability of volunteer health care providers, so as to extend the immunity from liability to other health care providers and facilities and remove certain limitations and establish others.

The following Committee substitute was read:

A BILL
To amend Code Section 51-1-29.1 of the Official Code of Georgia Annotated, relating to liability of volunteer health care providers, so as to extend the immunity from liability to other health care providers and facilities and remove certain limitations and establish others; to provide for applicability; to provide for legislative findings and intent; to provide for standards of care; to repeal conflicting laws; and for other purposes.

1778

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 51-1-29.1 of the Official Code of Georgia Annotated relating to liability of volunteer health care providers, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
"51-1-29.1. (a) The General Assembly finds, determines, and declares that many residents of this state do not receive medical care and preventative health care because they lack health insurance or because of financial difficulties or cost. The General Assembly finds that when such persons fail to receive medical care or postpone getting medical care and attention for such reasons, they often are forced by serious illness or deteriorating health to obtain emergency health services or medical care which results in a greater expense to them than they would have incurred had they initially received medical services. The General Assembly finds that the postponement of medical treatment may not be beneficial to a person's health and wellbeing and, in some circumstances, could result in an increase in the amount of state and federal resources or private funds required to provide medical services to indigent persons and to persons who lack health insurance. The General Assembly further finds that there are physicians, surgeons, hospitals, and other health care providers in this state who would be willing to provide medical services without compensation if they were not subject to the high exposure of liability connected with the practice of medicine. The General Assembly therefore declares that its intention in enacting this Code section is to encourage the provision of uncompensated medical care in exchange for a limitation on liability for the physicians, surgeons, hospitals, and other health care providers who provide those services. The General Assembly further declares that the operation of preventative health screening clinics is beneficial to the citizens of this state and that its intent in enacting this Code section is to encourage the use of such clinics by limiting the exposure to liability. 4a) (b) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct:
(1) No health care provider licensed under Part 3 of Article 2 of Chapter 4 of Title 26 or under Chapter 9, 11, 26, 28, 29, 30, er 33^ 34 , or 35 of Title 43 who voluntarily and without the expectation er receipt of monetary compensation provides professional services, within the scope of such health care provider's licensure; for and at trie rccjucst &r ft nOSprtsi, public scfiootj nonprofit or^flmzstion, of stfi ft^jcncy of tnc state er ene ef- its political subdivisions er provides such professional services to a person at the request ef such an organization, which organization dees net expect or

or

(2) No licensed hospital health care facility, as defined in paragraph (8) of Code

Section 31-6-2, including, but not limited to, a diagnostic, treatment, or rehabilitation

center to which subparagraph (G) or (H) of paragraph (14) of Code Section 31-6-2 is

inapplicable, pharmacy, public school, agency of the state or one of its political subdi-

visions, or nonprofit organization which; without the receipt of monetary compensa-

tion, requests, sponsors, or participates in the providing of the services under the

circumstances provided in paragraph (1) of this subsection

shall be liable for damages or injuries alleged to have been sustained by the person nor

for damages for the injury or death of the person when the injuries or death are alleged

to have occurred by reason of an act or omission in the rendering of such services.

fb) (c) This Code section shall apply only to causes of action arising on or after July

1, 19872 except that the extension of immunity from liability provided by the 1992

amendment to this Code section shall apply only to causes of action arising on or after

July 1, 1992."

~~

Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

MONDAY, MARCH 2, 1992

1779

Representative Childers of the 15th moves to amend the Committee substitute to HB 681 as follows:
By adding the words "licensed hospital," after the word no on line 12 page 3 and by striking the words beginning with the word "health" on line 12 page 3 and striking the remaining language through the word "inapplicable" on line 17 page 3.

The following amendment was read:

Representatives Pinholster of the 8th and Thomas of the 69th move to amend the Committee substitute to HB 681 by striking lines 1 through 3 of page 1 and inserting the following:
"To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to extend the".
By adding on line 8 of page 1 between the words and symbol "care;" and "to" the following:
"to provide that licensed physicians performing physicals to student athletes or serving as team doctors on a volunteer basis shall be immune from civil liability;".
By striking lines 10 through 14 of page 1 and inserting the following:
"Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, is amended by striking Code Section 51-1-29.1, relating to liability of volunteer health care providers, and inserting the following:".
By inserting between lines 2 and 3 of page 4 the following:
"Section 2. Said chapter is further amended by adding a new Code section at the end to read as follows:
'51-1-43. Any person licensed to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43 and including any person licensed to render services ancillary thereto, who in good faith renders voluntary service as an athletic team physician, either as the team doctor during athletic contests or conducting preseason physicals for the athletes, shall not be liable for any civil damages as a result of any act or omission by such person in rendering such voluntary service or in conducting such physicals or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the student athlete."'
By striking from line 3 of page 4 the following:
"Section 2.",
and inserting in its place the following:
"Section 3.".

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

Y Abernathy Y Adams
Aiken
Alford Ashe Y Atkins Baker Balkcom Y Barfoot Y Bargeron

Y Barnett.B Barnett.M
Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch

Y Breedlove Brooks
Y Brown
Y Brush Y Buck N Buckner Y Byrd Y Campbell Y Canty
Carrell

Y Carter N Cauthorn Y Chafin
Y Chambless Y Cheeks Y Childers N Clark.E Y Clark.L Y Coker Y Coleman

Y Colwell Connell
Y Culbreth
Y Cummings.B Y Cummings.M Y Davis.D
Davis.G N Davis.M Y Dixon.H Y Dixon,S

1780

JOURNAL OF THE HOUSE,

Dohhs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
Flovd.J.M Y Flovd.J.W Y Flvnt Y Godbee Y Golden Y Goodwin E Green Y Greene
Griffin Y Groover N Hamilton Y Hammond
Hanner Y Harris.B
Y Harris.J Y Heard Y Henson
Herbert Y Holland

Holmes Y Howard Y Hudson N Irwin
Y Jackson
Jamieson
Y Jenkins
Y Jones
Y Kilgore
YKing
Y Kingston
N Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence
Lawson Y Lee
Long Y Lord
Y Lucas
Y Mann
Y Martin
Y McBee
Y McCoy

Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Moody
Y Morsberger Y Moultrie
Y Mueller
Y Oliver.C
N Oliver.M NOrr N Orrock Y Padgett
Y Parham
Y Parrish Y Patten N Pelote
Y Perry
Y Pettit
Y Pinholster
Pinkston
N Poag

Porter
N Poston
Y Powell.A Y Powell.C Y Presley E Purcell Y Randall YRay Y Reaves N Redding
Y Ricketson
Royal Y Selman
Y Sherrill
Y Simpson
Sinkfield
Y Skipper
Y Smith.L
Y Smith,? Smith.T
Y Smith.W
Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley

On the adoption of the amendment, the ayes were 122, nays 17. The amendment was adopted.

Streat
Y Taylor
Teper Y Thomas.C
Thomas.M
Thomas.N
Y Thurmond
Y Titus
Y Tolbert
Y Townsend
Turnquest Y Twiggs N Valenti Y Vaughan Y WalkerJ Y Walker.L
Y Wall
Y Watson
Watts White Y Wilder Y Williams.B N Williams.J Y Williams.R Yeargin Murphy.Spkr

The following amendment was read:

Representative Simpson of the 70th moves to amend the Committee substitute to HB 681 as follows:
On page 3 line 25 to add a new subsection (3) to read as follows:
(3) Notwithstanding the above, any time that free medical services can reasonably be anticipated to lead to services which will require a monetary charge then the provisions of 51-1-29.1 (b) (1) and (2) shall not apply.

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

Y Ahernathy N Adams N Aiken N Alford
N Ashe N Atkins
Baker Balkcom Barioot N Bargeron N Barnett.B Y Barnett.M N Bates N Beatty N Benefield N Birdsong N Blitch Y Bordeaux N Bostick N Branch N Breedlove N Brooks N Brown
N Brush N Buck Y Buckner

YByrd Campbell
Y Canty
N Carrell
N Carter
Y Cauthorn
N Chafin N Chambless N Cheeks
N Childers
Y Clark.E
N Clark.L
N Coker
N Coleman N Colwell
N Connell N Culbreth
N Cummings.B
N Cummings.M Y Davis.D
Davis.G Y Davis.M
Dixon.H Y Dixon.S N Dobbs N Dover

Y Dunn
N Edwards
N Elliott
N Felton
Y Fennel
Fluyd.J.M N Floyd.J.W Y Flynt N God bee
Golden
N Goodwin
E Green N Greene
Griffin
N Groover
N Hamilton Y Hammond
Hanner N Harris.B N Harris.J N Heard N Henson
Herbert Y Holland N Holmes Y Howard

N Hudson Y Irwin N Jackson
Jamieson Y Jenkins N Jones
Kilgore N King Y Kingston Y Klein N Ladd Y Lane.D N Lane.R
Langford N Lawrence Y Lawson YLee
Long Y Lord
Lucas N Mann Y Martin
McBee N McCoy N McKelvey
McKinney.B

N McKinney.C N Meadows Y Merritt Y Milam
Mills N Mobley Y Moody N Morsberger
N Moultrie
N Mueller
Y Oliver.C
Y Oliver.M
Y Orr
Y Orrock
Y Padgett
Parham
N Parrish
N Patten
Y Pelote N Perry N Pettit N Pinholster
Pinkston
N Poag
Porter
Y Poston

MONDAY, MARCH 2, 1992

1781

Powell.A Y Powell.C
N Preslev K Purceli Y Randall N Ray
Y Reaves Redding
Y Ricketson Y Royal

N Selman N Sherrill Y Simpson
Sinkfield N Skipper N Smith, L Y Smith.P
Smith.T N Smith.W N Smyre

N Snow
N Stancil.F
N Stancil.S Stanley
N Streat N Taylor Y Teper
Y Thomas.C
Thomas.M
Thomas.N

Y Thurmond Y Titus N Tolbert Y Townsend
Turnquest N Twiggs Y Valenti N Vaughan
N Walker.J
N Walker.L

N Wall
N Watson N Watts
White N Wilder N Williams.B N Williams,.!
N Williams.R
Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 49, nays 96. The amendment was lost.

The following amendment was read:

Representative Canty of the 38th moves to amend the Committee substitute to HB 681 as follows:
Line 3 - page 3 insert after the word provide and before professional - the word emergency.

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

Y Abernathy N Adams N Aiken N Alford N Ashe N Atkins
Baker Balkcom Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates N Beatty N Benefield N Birdsong Y Blitch Y Bordeaux N Bostick Branch N Breedlove Y Brooks Y Brown N Brush N Buck Y' Buckner N Byrd
Campbell Y Canty N Carrell N Carter N Cauthorn N Chafin
Chambless Y Cheeks N Childers

N Clark.E
Y Clark.L
N Coker
N Coleman N Colwell
Y Connell
N Culbreth
N Cummings,B
Y Cummings.M
N Davis.D
N Davis.G
Y Davis.M
Dixon.H
Y Dixon,S N Dobbs
Y Dover
N Dunn N Edwards Y Elliott Y Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden N Goodwin E Green N Greene
Griffin
N Groover N Hamilton N Hammond
Manner N Harris.B
N Harris.J

N Heard
N Henson N Herbert
N Holland Y Holmes
Y Howard
N Hudson
Y Irwin
N Jackson Jamieson
N Jenkins N Jones N Kilgore N King Y Kingston Y Klein N Ladd N Lane.D N Lane.R
Langford N Lawrence
N Lawson NLee
N Long
N Lord Lucas
N Mann
Y Martin McBee
N McCoy N McKelvey
McKinney TB Y McKinney.C N Meadows
Y Merritt
N Milam

Mills N Mobley N Moody N Morsberger N Moultrie N Mueller
N Oliver.C
N Oliver.M
Y Orr
Y Orrock N Padgett N Parham
N Parrish N Patten Y Pelote
N Perry Pettit
N Pinholster
Pinkston
N Poag
Porter
Y Poston N Powell.A N Powell.C Y Presley E Purceli Y Randall N Ray
Reaves Redding N Ricketson N Royal N Selman N Sherrill Y Simpson Y Sinkfield

N Skipper
N Smith, L
N Smith,? N Smith.T N Smith.W
Y Smyre
N Snow Y Stancil.F
N Stancil.S
Stanley N Streat Y Taylor N Teper N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert
Townsend
Turnquest
N Twiggs N Valenti N Vaughan N Walker.J N Walker.L N Wall
N Watson
N Watts
White
N Wilder Y Williams.B
Y WilliamsJ
N Williams.R
N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 42, nays 111. The amendment was lost.

Representative Irwin of the 57th moved that the House reconsider its action in passing the Childers amendment to HB 681.

1782

JOURNAL OF THE HOUSE,

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

Y Ahernathy
N Adams N Aiken Y Alford
Ashe N Atkins
Baker Balkcnm N Bart'oot Y Bar^eron N Barnett.B V Barnett.M N Bates Y Beatty N Benefield Y" Birdsong Y Blitch Y Bordeaux N Bostick Y Branch Y Breedlove Y Brooks N Brown Y Brush Y Buck Y' Buckner Y Byrd Y Campbell Y Canty N Carrell
N Carter Y Cauthorn
Chafin Chambless N Cheeks N Childers

Y Clark.E Y Clark.L N Coker
Coleman N Colwell Y Connell
Y Culbreth Cummings.B
Y Cummings.M Y Davis.D N Davis.G Y Davis.M
Dixon.H Y Dixon.S N Dobbs N Dover N Dunn
N Edwards N Elliott Y Felton Y Fennel
Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden N Goodwin E Green
Y Greene Griffin
N Groover N Hamilton Y Hammond Y Manner
Y Harris.B Harris.J

Y Heard Y Henson N Herbert
Y Holland N Holmes
Y Howard N Hudson Y Irwin N Jackson
Jamieson N Jenkins
Y Jones N Kilgore YKing Y Kingston
Y Klein NLadd Y Lane.D
N Lane.R Y Langford N Lawrence Y Lawson NLee N Long Y Lord Y Lucas N Mann Y Martin
McBee N McCoy N McKelvey
McKinney.B Y McKinney.C N Meadows N Merritt Y Milam

On the motion, the ayes were 89, nays 67. The motion prevailed.

Mills N Mobley Y Moody N Morsberger N Moultrie
N Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett N Parham N Parrish Y Patten Y Pelote N Perry N Pettit N Pinholster
Pinkston YPoag
Porter Y Poston N Powell.A Y Powell.C N Presley E Purcell Y Randall
Ray Y Reaves N Redding Y Ricketson Y Royal N Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P N Smith.T Y Smith.W N Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert
N Townsend Turnquest
N Twiggs Y Valenti N Vaughan N Walker.J N Walker.L Y Wall
N Watson N Watts
White N Wilder Y Williams.B N Williams.J N Williams.R N Yeargin
Murphy,Spkr

The amendment, offered by Representative Childers, was withdrawn.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee substitute to HB 681 as follows:
Insert on line 2 page 3 "expectation or" and insert on line 20 page 3 after "the" "expectation 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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe
Y Atkins

Y Baker Balkcom
Y Barfoot N Bargeron
Barnett.B Y Barnett.M

Y Bates
Y Beatty Y Benefield Y Birdsong N Blitch N Bordeaux

Y Bostick Y Branch Y Breedlove N Brooks N Brown Y Brush

Y Buck N Buckner
Y Byrd Y Campbell
N Canty Y Carrell

MONDAY, MARCH 2, 1992

1783

Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B N Cummings.M N Davis.I) N Davis.G Y Davis.M
Dixon.H Dixon.S Y Dohbs Y Dover Y Dunn Y Edwards Y Klliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt

N God bee V Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Harnmond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland N Holmes Y Howard Y Hudson N Irwin Y -Jackson Y Jamieson Y Jenkins N Jones Y Kilgore YKing Y' Kingston N Klein Y Ladd Y Lane.D

Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Mann Y Martin
McBee Y McCoy Y McKelvey
McKinney,B N McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver,M N Orr N Orrock Y Padgett Y Parham

Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston N Poag Y Porter N Poston Y Powell.A Y Powell.C Y Presley E Purcell Y Randall YRay Y Reaves Y Redding N Ricketson Y Royal Y Selman Y Sherrill N Simpson N Sinkfield Y Skipper Y Smith,L Y Smith.P Y Smith.T Y Smith.W Y Smyre

Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor N Teper Y Thomas.C N Thomas,M N Thomas, N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs N Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y' Watson Y Watts
White Y Wilder Y Williams.B N Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 134, nays 28.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative McBee of the 68th 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 875. By Representatives Mann of the 6th, Poag of the 3rd and Griffin of the 6th:
A resolution recognizing Lieutenant Colonel Thomas Vance Parrott, USAF, and designating the Colonel Tom Parrott 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 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 538. By Representatives Thomas of the 31st, Sinkfield of the 37th, Oliver of the 53rd, Williams of the 48th, Turnquest of the 56th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require individual and group accident and sickness insurance coverage of mammograms and Pap smears.

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 require individual and group accident and sickness insurance coverage of

1784

JOURNAL OF THE HOUSE,

mammograms, Pap smears, and prostate specific antigen tests; to provide for definitions; to provide standards for such coverage; to provide that certain restrictions may apply to such coverage if approved by the Commissioner of Insurance; to authorize greater or more favorable benefits; to provide for applicability to certain societies, corporations, plans, organizations, and entities; to provide for applicability to certain provisions relative to preferred provider arrangements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-29-3.2, relating to individual insurance coverage for mammograms and Pap smears, and inserting in its place a new Code Section 33-29-3.2 to read as follows:
"33-29-3.2. (a) As used in this Code section, the term: (1) 'Female at risk' means a woman: (A) Who has a personal history of breast cancer; (B) Who has a personal history of biopsy proven benign breast disease; (C) Whose grandmother, mother, sister, or daughter has had breast cancer; or (D) Who has not given birth prior to age 30.
of detecting DFCftSt cflttccr wncn perloroi&o tts fl result- 'Of "S pnysicisn rclcrrsl ~ fiC'Sitn testing service wincri titiluses pfldioiogicsi ecjtnpwieR* flpprovect oy tiie
mum frequency: (2) 'Mammogram' means any low-dose radiologic screening procedure for the early
detection of breast cancer provided to a woman and which utilizes equipment approved by the Department of Human Resources dedicated specifically for mammography and includes a physician's interpretation of the results of the procedure. Reimbursement for a mammogram authorized under this Code section shall be made only if the facility in which the mammogram was performed meets accreditation standards established by the American College of Radiology or equivalent standards established by this state. Policies subject to this Code section shall contain coverage for mammograms made with at least the following frequency:
(A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age;
(B) Once every two years for any female who is at least 40 but less than 50 years of age;
(C) Once every year for any female who is at least 50 years of age; and (D) When recommended ordered by a physician for a female; without regard to ager where needed for diagnostic purposes er when shej her mother, er her sister has had a prior history ef breast cancer at risk. 43) (3) 'Pap smear' or 'Papanicolaou smear' means an examination^ in accordance with standards established by the American College of Pathologists, of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recommendation order of a physician, which examination may be made once a year or more often if recommended ordered by a physician. (3) (4) 'Policy' means any benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy. (5) 'Prostate specific antigen test' means a measurement, in accordance with standards established by the American College of Pathologists, of a substance produced by the epithelium to determine if there is any benign or malignant prostate tissue. (b) (1) Every insurer authorized to issue an individual accident and sickness insurance policy in this state which includes coverage for any female shall be required te offer, either include as part of or as an optional a required endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1090 1992, coverage for mammograms and Pap smears for the covered females which at least meets the minimum requirements of this Code section.

MONDAY, MARCH 2, 1992

1785

(2) Every insurer authorized to issue an individual accident and sickness insurance policy in this state which includes coverage for any male shall include as a part of or as a required endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July Ij 1992, coverage for annual prostate specific antigen tests for the covered males who are 45 years of age or older, or for covered males who are 40 years of age or older, if ordered by a physician. (c) The coverage required te be offered under subsection (b) of this Code section shall net contain any may be subject to such exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply te that coverage tiniess such provisions sppiy ^enersiiy to other simiisr oenelits provtcreu OP p9id top
sioner. (d) Nothing in this Code section shall be construed to prohibit the issuance of indi-
vidual accident and sickness insurance policies which provide benefits greater than those required te be offered by subsections subsection (b) and fe} of this Code section or more favorable to the insured than those required te be offered by subsections subsection (b) and fe) of this Code section.
(e) The provisions of this Code section shall apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health maintenance organization, or any similar entity.
(f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating to preferred provider arrangements."
Section 2. Said title is further amended by striking Code Section 33-30-4.2, relating to group insurance coverage for mammograms and Pap smears, and inserting in its place a new Code Section 33-30-4.2 to read as follows:
"33-30-4.2. (a) As used in this Code section, the term: (1) 'Female at risk' means a woman: (A) Who has a personal history of breast cancer; (B) Who has a personal history of biopsy proven benign breast disease; (C) Whose grandmother, mother, sister, or daughter has had breast cancer; or (D) Who has not given birth prior to age 30. ft) 'Mammogram' means any radiological examination ef- the breast for purposes
ncaltn testing service wnicn utilizes radiological equipment approved oy tnc iJcpart mont OT i'i Liman jwcsources, wnicn examination may oe made witn tnc following mmi~ mum frequency:
(2) 'Mammogram' means any low-dose radiologic screening procedure for the early detection of breast cancer provided to a woman and which utilizes equipment approved by the Department of Human Resources dedicated specifically for mammography and includes a physician's interpretation of the results of the procedure. Reimbursement for a mammogram authorized under this Code section shall be made only if the facility in which the mammogram was performed meets accreditation standards established by the American College of Radiology or equivalent standards established by this state. Policies subject to this Code section shall contain coverage for mammograms made with at least the following frequency:
(A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age;
(B) Once every two years for any female who is at least 40 but less than 50 years of age;
(C) Once every year for any female who is at least 50 years of age; and (D) When recommended ordered by a physician for a female; without regard te 8e, where needed top difljjjhostic pu rposes OP when she, hep mothep, OP hep sister hss

1786

JOURNAL OF THE HOUSE,

{2} (3) 'Pap smear' or Tapanicolaou smear' means an examination in accordance with standards established by the American College of Pathologists, of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recommendation order of a physician, which examination may be made once a year or more often if recommended ordered by a physician.
{} (4) 'Policy' means any benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy.
(5) 'Prostate specific antigen test' means a measurement, in accordance with standards established by the American College of Pathologists, of a substance produced by the epithelium to determine if there is any benign or malignant prostate tissue. (b) (1) Every insurer authorized to issue a group accident and sickness insurance policy in this state which includes coverage for any female shall fee required to offer, cither include as part of the policy or as an optional a required endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1090 1992, coverage for mammograms and Pap smears for the covered females which at least meets the minimum requirements of this Code section.
(2) Every insurer authorized to issue a group accident and sickness insurance policy in this state which includes coverage for any male shall include as a part of or as a required endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1^ 1992, coverage for annual prostate specific antigen tests for the covered males who are 45 years of age or older or for covered males who are 40 years of age or older, if ordered by a physician. (c) The coverage required te fee offered under subsection (b) of this Code section shall net contain ay may be subject to such exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to that coverage unless sucn provisions apply generally to otncr similar ocnciits provided &f paid tor
sioner. (d) Nothing in this Code section shall be construed to prohibit the issuance of group
accident and sickness insurance policies which provide benefits greater than those required te fee offered by subsections subsection (b) and {e} of this Code section or more favorable to the insured than those required to fee offered by subsections subsection (b) ad {e) of this Code section.
(e) The provisions of this Code section shall apply to group accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health maintenance organization, or any similar entity.
(f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of this chapter, relating to preferred provider arrangements."
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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom

Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong

Y Blitch Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush

Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn

Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

MONDAY, MARCH 2, 1992

1787

Y Colwell Y Connell Y Culbreth Y" Oummings.B Y Cummings.M Y Davis.D Y Davis.G
Davis.M Y Dixim.H
Dixon.S Y Dnhhs Y Oliver Y Ounn Y Edwards Y Klliott Y Felton Y Fennel Y Floyd.J.M Y Flovd,J.W Y Flynt Y Gcidbee Y Gulden Y Goodwill E Green Y" Greene
Griffin Y Groover
Hamilton

Y Hammond Y Manner Y Harris.B Y Harris,.! Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y' Lawrence Y Lawson Y Lee
Long

Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y" McKinney.C Y Meadows Y Merritt
Milam Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry

Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley E Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F

Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Hamilton of the 124th, Dixon of the 128th, Milam of the 81st, Long of the 142nd and Davis of the 45th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 538 was ordered immediately transmitted to the Senate.

The following Resolutions of the House were read and adopted:

HR 994. By Representatives Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Bargeron of the 108th, Godbee of the 110th and others:
A resolution commending Matthew Alien King.

HR 995. By Representatives Coker of the 21st, Atkins of the 21st, Klein of the 21st, Clark of the 20th, Cauthorn of the 20th and others:
A resolution urging the Cobb County Board of Commissioners to increase funding for mental health services in a more equitable manner.

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

1788

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

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 1270.

By Representative Martin of the 26th:
A bill to amend Code Section 41-2-12 of the Official Code of Georgia Annotated, relating to service of complaints or orders upon parties in interest of unfit structures, so as to eliminate the requirement of service by publication of nonresidents.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1445.

By Representatives Snow of the 1st, Mobley of the 64th, Streat of the 139th, Carrell of the 65th, Harris of the 84th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the issuance of special reservist license plates to certain persons who are members of reserve units or the National Guard in an adjoining 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 101, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

Representative Irwin of the 57th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 681.

HB 1609.

By Representatives Dunn of the 73rd, Smith of the 78th, Herbert of the 76th, Lee of the 72nd and Benefield of the 72nd:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Human Resources to adopt state-wide minimum standards for on-site, individual sewage management 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 ayes were 94, nays 8.
The Bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 2, 1992

1789

HB 999. By Representatives Ray of the 98th, Jenkins of the 80th and Streat of the 139th:
A bill to amend Code Section 20-2-184 of the Official Code of Georgia Annotated, relating to program weights to provide funds for media specialists, so as to delete a provision excluding computer hardware and software from media center materials and equipment.

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

HB 1386.

By Representatives Patten of the 149th and Dobbs of the 74th:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding solid waste management, so as to provide for and revise certain definitions; to provide for additional powers of the Board of Natural Resources.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide for and revise certain definitions; to provide for additional powers of the Board of Natural Resources; to change certain provisions regarding powers of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for permits for biomedical waste thermal treatment technology facilities; to provide for applicability with respect to such permits; to change certain provisions relating to certain landfill permits for sites within two miles of certain recharge areas; to change certain provisions regarding public meetings on certain facility siting decisions; to provide for additional requirements regarding the handling of special solid waste; to provide for additional authority of the director with respect to certain financial responsibility mechanisms; to provide for criminal penalties; to provide certain other penalties; to provide a date by which each city and county shall develop a comprehensive solid waste management plan; to change certain provisions relative to membership on the Recycling Market Development Council; to provide for the use of certain surcharges imposed by certain governmental entities; to provide for the collection of certain taxes, fees, and assessments; to provide for the appointment of additional members to boards of directors of solid waste management authorities; to provide for participation in solid waste management authorities; to change certain provisions relating to the issuance of certain bonds and obligations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, is amended by striking Code Section 12-8-22, relating to definitions, and inserting in its place a new Code Section 12-8-22 to read as follows:
"12-8-22. As used in this article, the term: (1) 'Affected county' means, in addition to the county in which a facility is or is
proposed to be located, each county contiguous to the host county and each county and municipality within a county that has a written agreement with the facility to dis^ pose of solid waste.

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4i> (1.1) 'Biomedical waste' means pathological waste, biological waste cultures and stocks of infectious 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.
(4.1) 'Commercial solid waste' means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.
(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 United States Environmental Protection Agency which are in force and effect on February 1, tt9e 1992, codified as Appendix VIII to 40 C.F.R. Part 261 Identification and Listing of Hazardous Waste.
(12.1) 'Industrial solid waste' means solid waste generated by manufacturing or industrial processes or operations that is not a hazardous waste regulated under Article 3 of this chapter, the 'Georgia Hazardous Waste Management Act.' Such waste includes, but is not limited to, waste resulting from the following manufacturing processes: Electric power generation; fertilizer and agricultural chemicals; food and
related products and by-products; inorganic chemicals; iron and steel products; leather and leather products; nonferrous metal and foundry products; organic chemicals;
plastics and resins; pulp and paper; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textiles; transportation equipment; and water treat-
ment. This term does not include mining waste or oil and gas 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.

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(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 sach
households, including garbage, trash, and sanitary waste in septic tanks and means solid waste from single-family and multifamily residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes yard trash trimmings and commercial solid waste but does not include solid waste from mining, agricultural, or silvicultural operations or industrial processes or 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
Conservation and Recovery Act ef- 1976, as amended commercial or industrial solid waste, and includes, but is not limited to, municipal solid waste landfills and municipal 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 buDtitlc t* of tnc federal rxcsourcc Conservation and rvccovcry y\ct of Lj t o, fts amended commercial waste, industrial waste, nonhazardous sludges, or small quantity generator hazardous waste, 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 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.

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(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.
(27.1) 'Regional landfill or regional solid waste disposal facility' means a facility owned by a county, municipality, authority, or special district empowered to engage in solid waste management activities, or any combination thereof, which serves two or more or any combination of counties, municipalities, or special solid waste districts.
(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 putresciblc ad nonputrcscible waste, except wfltcp eflrned uody wsste ftnd recovered HistcriQls, snd snoil include gspos^ej ruooisn,
tin csns, glsss^ crocKery , of duitnflgej O'Stiesj stpeftt reiuscs de&Q flni~ mala; acwagc aludgca; animal manurca; industrial waste, stteh as waste materials gcncr-
feed processing waste; demolition waste; abandoned automobiles; dredging waste; eestruction wsstc, &nd ftny otiier wctste mflteFifri m & solid, semisolidj of IIQUIQ stste not
r&teo. ptifsliftnt to .Article c of L^riflpter o of tlws title tne ~\jeor^i8 "VV fiter vjufllity Oontrei AeV ef Chapter 9 ef- this titte? '-The Georgia Mr Quality Act ef- 1078.' any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material including solid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and community activities, but does not include recovered materials; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. Section 1342; or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923).
(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 traah trimmings' means vegetative matter resulting from landscaping maintenance and land-clearing operations other than mining, agricultural, and silvicultural operations."
Section 2. Said article is further amended by deleting "and" at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting in its place "; and", and by adding a new subparagraph at the end of paragraph (1) of Code Section

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12-8-23, relating to powers and duties of the Board of Natural Resources, to be designated subparagraph (J), to read as follows:
"(J) Rules and regulations further defining what shall or shall not constitute 'recovered materials.'"
Section 3. Said article is further amended by striking in its entirety subsection (c) of Code Section 12-8-23.1, relating to powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, which reads as follows:
"(c) (1) 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 part, '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.
(2) Paragraph (1) of this subsection shall not apply to any biomedical waste treatment facility which is operated exclusively by a private biomedical waste generator on property owned by the private biomedical waste generator for the purpose of accepting biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste treatment facility does not adversely affect the public health or the environment. After commencement of operation by a private biomedical waste generator of a biomedical waste treatment 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 biomedical waste which is to be no longer disposed of by the private biomedical waste generator in its own biomedical waste treatment facility prior to any substantial reduction in the amount of biomedical waste accepted by the biomedical waste treatment facility or its closure."
Section 4. Said article is further amended by striking subsection (b) of Code Section 12-8-24, relating to permits for certain handling or facilities, and inserting in its place a new subsection (b) to read as follows:
unsuitouility letters arc suomitted on of alter iVLarcn oU, lyuu! provided, nowcvcr, tnat tnc division may continue t0 review all documents, reports, and studies relevant TO tnc processing ef any subsequent application for a permit f-ef a solid waste handling facility for which a request for a site suitability e* unsuitability letter is made en or after March 30; 1900, se ieftg as such permit is aet issued until att applicable requirements ef this port ftfc met.
(b) (1) 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 for waste generated in Georgia 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 part, 'biomedical waste thermal treatment technology facility' means any facility that exists for the purpose of reducing the amount of biomedical waste disposed of through a process of combustion, with or without the process of converting such waste to energy.
(2) Paragraph (1) of this subsection shall not apply to any biomedical waste thermal treatment technology facility which is operated exclusively by a private biomedical waste generator on property owned by the private biomedical waste generator for the purpose of accepting biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste thermal treatment technology facility does not adversely affect the public health or the environment. After commencement of operation by a private biomedical waste generator of a biomedical waste thermal treatment technology facility which is permitted by but not included in a local or regional solid waste management plan, amendment of the

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local or regional solid waste management plan shall be required for any biomedical waste which is no lunger to be disposed of by the private biomedical waste generator in its own biomedical waste thermal treatment technology facility prior to any substantial reduction in the amount of biomedical waste produced by the private biomedical waste generator and accepted by its own biumedical waste thermal treatment technology facility or the closure of such facility."
Section 5. Said article is further amended by striking in its entirety paragraph (3) of subsection (e) of Code Section 12-8-24, relating to permits for certain handling or facilities, and inserting in lieu thereof the following:
"(3) Except as otherwise provided in this part, major modifications shall meet the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided, however, that aU applications (fit
or before December tH-; 1000, a facility having less than 24 months of remaining capacity on July lj 1991, shall be allowed no longer than 24 months from the date of the commencement issuance of the permitted vertical expansion permit unless it is demonstrated to the director in the application or during this period of time that the solid waste disposal facility as vertically expanded meets the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided further, however, that no vertical expansion under this subsection shall be allowed when remaining permitted capacity, as determined fey the director, exceeds 24 months from July 1; 1901 beyond July 1^ 1995, unless such vertical expansion can meet the siting and design standards applicable to new permit applications. Any operation of a vertical expansion during this time period shall be in accordance with conditions set forth by the director in the modified permit. Any owner or operator of a site which does not demonstrate compliance with such standards within such period shall prepare a final closure plan and cease acceptance of waste no later than the end of such period. In the event that the director determines that no such demonstration of compliance has been made by the owner or operator, he shall notify the owner or operator of such determination and may order the owner or operator to cease accepting waste and prepare a final closure plan prior to the end of such period."
Section 6. Said article is further amended by striking Code Section 12-8-25.2, relating to landfills within two miles of certain recharge areas, and inserting in its place 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
crnmcnt tor wrncn tne director OT tne environmental 1 rotcction LJivision Or trie JJcpart" mcnt of INaturm rvcsourccs nas issued ft site acceptability letter prior TG JVlflrcn lo, lUoU,

waste landtill prior to tne date on wnicn & permit us issued and tne governing authority
issued.
Section 7. Said article is further amended by striking subsection (b) of Code Section 12-8-26, relating to public meetings regarding site selections, and inserting in its place a new subsection (b) to read as follows:
"(b) The governing authority of any county or municipality taking action resulting in a publicly or privately owned municipal solid waste disposal facility siting decision

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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. A siting decision shall include, but is not limited to, such activities as the final selection of property for landfilling and the execution of contracts or agreements pertaining to the location of municipal solid waste disposal facilities within the jurisdiction, but shall not include zoning decisions."
Section 8. Said article is further amended by adding a new subsection at the end of Code Section 12-8-27, relating to special solid waste handling facilities, to be designated subsection (f), to read as follows:
"(f) After July 1, 1992, the owner or operator of a facility proposing to handle special solid waste shall provide certification that the jurisdiction generating the special solid waste to be handled has a strategy for and is actively involved in meeting planning requirements and a waste reduction goal that are equivalent to the planning requirements and the waste reduction goal of this part."
Section 9. Said article is further amended by striking subsection (b) of Code Section 12-8-27.1, relating to the solid waste trust fund, and inserting in its place a new subsection (b) to read as follows:
"(b) If the director determines that a solid waste or 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."
Section 10. Said article is further amended by striking Code Section 12-8-30.7, relating to unlawful acts regarding solid waste handling, and inserting in its place a new Code Section 12-8-30.7 to read as follows:
"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 this part and all applicable rules, regulations, and orders established under this part."
Section 11. Said article is further amended by striking in its entirety Code Section 12-8-30.8, relating to penalties, which reads as follows:
"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.", and inserting in lieu thereof the following:
"12-8-30.8. (a) Any person who: (1) Knowingly transports or causes to be transported any solid waste as defined in
this part to a facility which does not have a permit, which does not have a variance pursuant to this part, or which is not subject to an order of the director which specifically authorized continued operation of such facility;
(2) Knowingly treats, processes, stores, or disposes of any solid waste as defined in this part:
(A) Without a permit or an order of the director allowing such treatment, processing, storage, or disposal of solid waste;
(B) In knowing violation of any material condition or requirement of such permit or order; or
(C) In knowing violation of any material condition or requirement of any applicable regulations or standards adopted by the board in accordance with Code Section 12-8-23 in force and effect on January 1, 1992;

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(3) Knowingly omits material, information, or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this part or regulations promulgated pursuant to this part;
(4) Knowingly processes, stores, treats, transports, disposes of, or otherwise handles any solid waste as defined in this part, and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this part; or
(5) Knowingly transports without a manifest or causes to be transported without a manifest, any solid waste required by this part to be accompanied by a manifest shall, upon conviction, be subject to a fine of not more than $50,000.00 for each day of violation or imprisonment for not less than one nor more than two years or, in the case of a violation of paragraph (1) or (2) of this subsection, three years, or both. If conviction is for a violation committed after a first conviction of such person under this subsection, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment. (b) An organization may be convicted for the criminal acts set forth in subsection (a) of this Code section if an agent of the organization performs the conduct which is an element of the criminal act set forth in subsection (a) of this Code section and the agent's action is authorized, requested, commanded, or recklessly tolerated by the board of directors of the organization or by a managerial official who is acting within the scope of such official's employment on behalf of the organization."
Section 12. Said article is further amended by striking in their entireties subsections (a) and (e) of Code Section 12-8-31.1, relating to local and regional solid waste management plans, and inserting in lieu thereof, respectively, the following:
"(a) Each city and county in Georgia shall develop or be included in a comprehensive solid waste management plan not later than July 1^ 1993. 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."
"(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
(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."
Section 13. Said article is further amended by striking in its entirety subsection (a) of Code Section 12-8-33, relating to the Recycling Market Development Council, and inserting in lieu thereof the following:
"(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 or appointed municipal official to be appointed by the Governor;

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(3) One member who is an elected or appointed 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."
Section 14. Said article is further amended by striking in its entirety subsection (a) of Code Section 12-8-39, relating to cost reimbursement fees, and inserting in lieu thereof the following:
"(a) Effective January 1, 1992, each city or county which operates a municipal 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. oucn ice snflii sc mipscd ccjuslly upon 8ll users ot tnc municipfli solid wsstc clisposQl

Section 15. Said article is further amended by striking in its entirety subsection (d) of Code Section 12-8-39, relating to cost reimbursement fees, and inserting in lieu thereof the following:
"(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 shall 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; provided, however, that such surcharges may be used for other governmental expenses to the extent not required to meet the above or other solid waste management needs."
Section 16. Said article is further amended by inserting immediately following Code Section 12-8-39.2 the following:
"12-8-39.3. (a) Any city, county, or authority which operates a solid waste management disposal facility or provides solid waste collection services or both and which levies and collects taxes, fees, or assessments to accomplish the purposes of this part shall be further authorized to enforce the collection of taxes, fees, or assessments due a city, county, or authority in the same manner as authorized by Chapter 3 of Title 48 and Code Section 48-2-44 or other law for the enforcement of the collection and payment of taxes, fees, or assessments.
(b) The provisions of this Code section shall apply to any taxes, fees, or assessments due a county, city, or authority under any ordinance or resolution in effect on July 1, 1992."
Section 17. Said article is further amended by striking in its entirety Code Section 12-8-40.2, relating to yard trash, and inserting in lieu thereof the following:
"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 trimmings which is are 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 trimmings not be placed in or mixed with municipal solid waste;
(2) A ban on the disposal of yard trash trimmings at municipal solid waste disposal facilities within its jurisdiction; or

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(3) A requirement that yard trash trimmings be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling."
Section 18. Said article is further amended by striking in its entirety Code Section 12-8-54, relating to the board -of directors of a solid waste management authority, and inserting in lieu thereof the following:
"12-8-54. (a) 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 regional 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; provided, however, that if each participating municipal corporation which is within a participating county shall agree and, if authorized by an agreement among political subdivisions activating the authority, such participating county and participating municipal corporations may join in appointing their members to the authority and may agree to appoint as many as two members per participating municipal corporation within a county and, if the county is participating, two members for the county or as few as one member per county; provided, further, that in any case, an additional member shall be appointed by the directors of the authority 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 secretarytreasurer, 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.
(b) Members of the board of directors of an authority formed pursuant to this Code section may agree that additional political subdivisions may become members of such authority subsequent to its formation upon an affirmative vote of two-thirds of the members of such board of directors under the terms imposed by agreement of two-thirds of the members of such board of directors."
Section 19. Said article is further amended by striking in its entirety paragraph (3) of subsection (g) of Code Section 12-8-58, relating to limitations and procedures for issuance of bonds and other obligations, and inserting in lieu thereof the following:
"(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 maximum 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."
Section 20. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 21. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

MONDAY, MARCH 2, 1992

1799

Representative Teper of the 46th moves to amend the Committee substitute to HB 1386 by striking on line 1 of page 1 the following:
"Article 2 of".
By striking on line 2 of page 1 the word "solid".
By inserting immediately following line 29 on page 1 the following:
"to define certain terms; to provide that no person shall store or dispose of certain radioactive waste except in certain facilities; 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 penalties;".
By striking on line 4 of page 2 the following:
"Article 2 of".
By striking on line 5 of page 2 the word "solid".
By striking on line 32 on page 10; line 8 on page 11; line 16 on page 12; line 4 on page 14; line 12 on page 15; line 8 on page 16; line 29 on page 16; line 9 on page 17; line 26 on page 17; line 3 on page 18; line 4 on page 20; line 7 on page 21; line 1 on page 22; line 20 on page 22; line 5 on page 23; line 23 on page 23; line 11 on page 24; and line 29 on page 25 the word "article" and inserting in lieu thereof the word "chapter".
By inserting immediately following line 18 on page 26 the following:
"Section 20. Said chapter is further amended by inserting at the end thereof a new Article 7 to read as follows:
'ARTICLE 7
12-8-160. As used in this article, the term:
(1) "Board" means the Board of Natural Resources;
(2) "Director" means the director of the Environmental Protection Division of the Department of Natural Resources;
(3) "Low-level radioactive waste" means radioactive waste not classified as highlevel radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section lie.(2) of the Atomic Energy Act of 1954, or as may be further defined by federal law or regulation. Low-level radioactive waste also includes any radioactive material that is generated through the production of nuclear power and that the United States Nuclear Regulatory Commission classified as low-level radioactive waste as of January 1, 1991, but which may be classified as below regulatory concern after that date.
(4) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private.
12-8-161. No person shall store or disposal of any low-level radioactive waste within this state at any landfill as such term is defined in Article 2 of this chapter, any hazardous waste facility as such term is defined in Article 4 of this chapter, or at any other facility or site within this state, including without limitation the site upon which such waste was generated, except at a low-level radioactive waste storage or disposal facility licensed by the director.
12-8-162. In the performance of its duties, the board shall have and may exercise the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as the board may deem necessary to prepare for the storage and disposal of low-level radioactive waste to protect the environment and the health of humans.

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12-8-163. The director shall have and may exercise the following powers, and duties:
(1) To exercise general supervision over the administration and enforcement of this article and all rules and regulations, orders, or permits promulgated or issued under this article;
(2) To issue all permits contemplated by this article, 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;
(3) To issue, amend, modify, or revoke orders as may be necessary to ensure and enforce compliance with this article and all rules or regulations promulgated under this article; and
(4) To exercise all incidental powers, necessary to carry out the purposes of this article.
12-8-164. (a) Any person violating any provision of this article, the rules or regulations effective under this article, or any permit condition or limitation established pursuant to this article or any person negligently or intentionally failing or refusing to comply with any final or emergency order of the director issued as provided in this article shall be liable for a civil penalty not to exceed $25,000.00 per day. Each day during which the violation or failure or refusal to comply continues shall be a separate violation.
(b) Whenever the director has reason to believe that any person has violated any provision of this article, any rule or regulation effective under this article, or any permit condition or has negligently or intentionally failed or refused to comply with any final order or emergency order of the director, he may upon written request cause a hearing to be conducted before a hearing officer appointed by the board. Upon finding that such person has violated any provision of this article, any rule or regulation effective under this article, or any permit condition or has negligently or intentionally failed or refused to comply with any final order or emergency order of the director, the hearing officer shall issue his decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-8-73.
12-8-165. Any person who knowingly stores or disposes of any low-level radioactive waste in violation of this article shall, upon conviction, be subject to a fine of not more than $100,000.00 or imprisonment for not more than five years, or both.'"
By striking on line 19 of page 26 the number "20" and inserting in lieu thereof the number "21".
By striking on line 22 of page 26 the number "21" and inserting in lieu thereof the number "22".

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 125, nays 2.
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:

MONDAY, MARCH 2, 1992

1801

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

SB 720. By Senators Johnson of the 47th and Garner of the 30th:
A bill to amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions relating to the qualifications for members of the Municipal Gas Authority of Georgia to allow employees of a gas department of a political subdivision to be members; to provide an effective date.

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

SB 720. By Senators Johnson of the 47th and Garner of the 30th:
A bill to amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions relating to the qualifications for members of the Municipal Gas Authority of Georgia to allow employees of a gas department of a political subdivision to be members; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

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:

The Speaker assumed the Chair.

HB 1435.

By Representatives Hammond of the 20th and Chambless of the 133rd:
A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to extend the privileged communications between psychiatrists and patients; to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend the privileged communications between psychologists and clients.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to extend the privileged communications between psychiatrists and patients; to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend the privileged communications between psychologists and clients; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, is amended by striking Code Section 24-9-21, relating to confidentiality of certain communications, and inserting in lieu thereof the following:

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"24-9-21. (a) There are certain admissions and communications excluded on grounds of public policy. Among these are:
(1) Communications between husband and wife; (2) Communications between attorney and client; (3) Communications among grand jurors; (4) Secrets of state; and (5) Communications between psychiatrist and patient. (b) The privilege provided by paragraph (5) of subsection (a) of this Code section shall also extend to: (1) Communications between a patient and any other health professional acting under the direction of a psychiatrist in the evaluation, care, or treatment of such patient, whether or not such health professional is an agent or employee of the psychiatrist; and (2) Communications between or among any health professionals, or between or among any such health professionals and a psychiatrist, regarding a patient's communications described in paragraph (1) of this subsection."
Section 2. Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, is amended by striking Code Section 43-39-16, relating to privileged communications between a psychologist and client, and inserting in lieu thereof the following:
"43-39-16. (a) The confidential relations and communications between a licensed psychologist and client are placed upon the same basis as those provided by law between attorney and client; and nothing in this chapter shall be construed to require any such privileged communication to be disclosed.
(b) The privilege provided by subsection (a) of this Code section shall also extend to:
(1) Relations and communications between a client and any other health professional acting under the direction of a psychologist in the evaluation, care, or treatment of such client, whether or not such health professional is an agent or employee of the psychologist; and
(2) Relations and communications between or among any such health professionals, or between or among any such health professionals and a psychologist, regarding a client's communications described in paragraph (1) of this subsection."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernalhy Y Adams Y Aiken V Alford
Ashe Y Atkins Y Baker Y Balkcum
Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Bates Y Beatty Y' Benefield Y" Birdsong Y Blitch Y Bordeaux Y Bostick Y' Branch Y' Breedlove

Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell

Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y [)avis,G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs
Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Flynt Y Godbee Y Golden Y Goodwin

E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson Y' Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones

Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y' Lawrence Y Lawson Y Lee
Long Y Lord Y' Lucas Y' Mann Y' Martin Y McBee N McCoy Y McKelvey
McKinney,B McKinney.C

MONDAY, MARCH 2, 1992

1803

Y Meaduws Y Merrill
Milam Y Mills Y Moble\ Y Moody Y Morshf riser Y Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orr Y Orroc-k Y Padgett
Y Parham

Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston N Poag
Porter Y Poston Y Powell.A Y Powell.C Y Presley E Purcell
Randall

Y Ray Y Reaves Y Redding Y Ricketson
Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Smith.L Y Smith.P Y Smith.T
Smith,W
Smyre

Y Snow Y Stand],F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest

Twiggs Y Valenti Y Vaughan Y Walker,.) Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,.) Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Royal of the 144th and Dixon of the 128th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, 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 1978. By Representatives Buckner of the 72nd, Mobley of the 64th, Lee of the 72nd, Poston of the 2nd, Aiken of the 21st and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to require registration for operators of beauty pageants.
Referred to the Committee on Industry.

HB 1979. By Representatives Connell of the 87th, Padgett of the 86th, Williams of the 90th, Cheeks of the 89th, Brown of the 88th and others:
A bill to amend Code Section 45-7-9 of the Official Code of Georgia Annotated, relating to compensation for line-of-duty injuries of full-time state employees, so as to authorize a state agency to grant additional benefits to certain state employees injured in the line of duty by the willful act of violence of a client receiving outpatient mental health treatment.
Referred to the Committee on Appropriations.

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 1145.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain fees for motor vehicle special and prestige license plates; to change certain fees for a motor vehicle title; to provide for an additional impact fee for vehicles previously titled outside this state; to change certain fees for driver's licenses, probationary licenses, instruction permits, and identification cards; to change certain reinstatement fees.

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The following Committee substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain fees for motor vehicle special and prestige license plates; to change certain fees for a motor vehicle title; to change certain fees for drivers' licenses, probationary licenses, instruction permits, and identification cards; to change certain reinstatement 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 change certain annual licensing fees; to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to eliminate the $3.00 consumer fee charged to fund the new motor vehicle arbitration account in Article 28 of Chapter 1 of said title, the "Motor Vehicle Warranty Rights Act"; to provide for 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking Code Section 40-2-32, relating to license plates issued in commemoration of colleges or universities, in its entirety and inserting in lieu thereof the following:
"40-2-32. (a) The commissioner shall design a special license plate to be issued commemorating a college or university, which license plate shall be similar in design to the license plate issued to all other residents of the state except that the logo or emblem of the college or university shall be placed immediately to the left of the letters and numbers on the license plate. The name of the college or university shall be imprinted on such special license plate in lieu of the county name decal.
(b) Any resident motor vehicle owner desiring a special license plate commemorating a college or university shall submit to the commissioner a completed application form for such institution with a $26.00 $33.00 manufacturing fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the requirements of this subsection and subject to the restriction in subsection (c) of this Code section, a resident motor vehicle owner shall be issued a special license plate.
(c) The commissioner shall retain all applications received for each such college or university until a minimum of 500 applications have been received. After receipt of 500 applications for a commemorative license plate for a particular college or university, the commissioner will then design a license plate for such college or university. If the commissioner does not receive the required minimum of 500 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such institution and all fees shall be refunded to applicants.
(d) Special license plates issued under this Code section shall be renewed annually with a revalidation deca!2 as provided in Code Section 40-2-31 z upon payment of an additional $3.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-80."
Section 2. Said title is further amended by striking Code Section 40-2-42, relating to transfer of license dates and revalidation decals, in its entirety and inserting in lieu thereof a new Code Section 40-2-42 to read as follows:
"40-2-42. (a) A license plate or revalidation decal, when issued, shall not be transferred from one vehicle to another and shall not be used by any other person or upon any vehicle other than the one to which it is assigned, except as otherwise provided in this chapter. Any use of a license plate or revalidation decal by any other person or persons in any manner not provided for in this chapter shall be a violation of this chapter.
(b) The commissioner is authorized to provide by rules and regulations appropriate procedures whereby, upon the payment of a fee of $1.00 $2.50, and, upon preparation

MONDAY, MARCH 2, 1992

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and filing of an appropriate application therefor, annual and five-year license plates and revalidation decals may be transferred from one person to another. License plates and revalidation decals shall be transferred only during the calendar year for which issued. A person acquiring a vehicle with an expired annual license plate or expired five-year license plate shall obtain a current year annual license plate or a current year revalidation decal as provided for by this chapter."
Section 3. Said title is further amended by striking subsection (a) of Code Section 40-2-60, relating to prestige license plates, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are residents of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and, except as provided in subsection (c) of this Code section, upon the payment of a fee of $26.00 $33.00 in addition to the regular motor vehicle registration fee, shall be issued special personalized prestige license plates by the commissioner. Special personalized license plates issued pursuant to this Code section shall be subject to an additional annual registration fee of $3.00 as a condition of obtaining an annual revalidation decal for such license plate which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
Section 4. Said title is further amended by striking Code Section 40-2-63, relating to special license plates for sheriffs, in its entirety and inserting in lieu thereof a new Code Section 40-2-63 to read as follows:
"40-2-63. On or before December 31 of each year, the commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state. The sheriffs shall make application with the local tag agent and shall pay a fee of $26.00 $33.00. Special sheriff's license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $3.00 which shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff for his personal motor vehicle; however; a sheriff may choose to use his sheriff's distinctive license plate on his law enforcement vehicle or his sheriff's vehicle."
Section 5. Said title is further amended by striking subsection (a) of Code Section 40-2-65, relating to special license plates for members of active reserve components of the United States, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $26.00 $33.00, a reservist shall be entitled to receive one additional such license plate. For each additional license plate for which an initial manufacturing fee was required, there shall be an additional annual registration fee of $3.00 which fee shall be collected by the county tag agent at the time of collection of' other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the 'United States military reserve.' The major commanders of each active reserve component program

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shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of their command assigned or attached to troop program units who reside in Georgia."
Section 6. Said title is further amended by striking subsection (a) of Code Section 40-2-66, relating to special license plates for members of the Georgia National Guard, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $26.00 $33.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial manufacturing fee was required, there shall be an additional annual registration fee of $3.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the members of the Georgia National Guard.
(2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, including the payment of the basic registration fee, shall be issued a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $26.00 $33.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial manufacturing fee was required, there shall be an additional annual registration fee of $3.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph, shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the retired members of the Georgia National Guard."
Section 7. Said title is further amended by striking subsection (a) of Code Section 40-2-67, relating to special license plates for commanders of certain veterans' organizations, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The commanders of the American Legion, the Amvets, the Jewish War Veterans, the Disabled American War Veterans, the Veterans of World War I, and the Spanish-American War Veterans, upon application and compliance with the state motor vehicle laws relative to the registration and licensing of motor vehicles, upon payment of the regular license fees for license plates as provided by law, and upon the payment of an additional initial fee of $26.00 $33.00 and an additional annual registration fee of $3.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted as provided in Code Section 40-2-34, shall be issued license plates as prescribed in Code Section 40-2-31 for use on their official or private passenger automobiles, upon which, in lieu of the numbers prescribed by said

MONDAY, MARCH 2, 1992

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Code section, shall be such figures or symbols indicative of the office held by such individuals as may be prescribed by the commissioner."
Section 8. Said title is further amended by striking subsection (a) of Code Section 40-2-75, relating to special license plates for amateur radio operators, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional initial fee of $26.00 $33.00 and an additional annual registration fee of $3.00 which fee shall be collected by the county tag agent at .the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34, shall be issued a special design license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. The commissioner may consult with licensed amateur radio operators residing in the State of Georgia in the design of the special license plate authorized by this subsection."
Section 9. Said title is further amended by striking subsection (b) of Code Section 40-2-77, relating to special license plates for historical vehicles and street rods, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Upon application, registration, and payment of a fee of $26.00 $33.00, the commissioner shall issue a special license plate, as described in this Code section, for every historical vehicle within the state. Upon application, registration, and payment of a fee of $26.00 $33.00, the commissioner shall issue a special license plate, as described in this Code section, for every street rod within the state. Said special license plates shall be
annual registration fee of $3.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as^ rjrtv vided in Code Section 40-2-34."
Section 10. Said title is further amended by striking subsection (c) of Code Section 40-2-78, relating to special license plates for firefighters, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The manufacturing fee for such a special and distinctive license plate shall be $26.00 $33.00. There shall be an additional annual registration fee of $3.00 for each license plate issued pursuant to this Code section for which an initial fee was required which registration fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
Section 11. Said title is further amended by striking Code Section 40-2-80, relating to transfer of special license plates, in its entirety and inserting in lieu thereof a new Code Section 40-2-80 to read as follows:
"40-2-80. The commissioner is authorized to provide by rules and regulations appropriate procedures whereby, upon the payment of a fee to be prescribed by the commissioner the fee prescribed in Code Section 40-2-42 for transfer of license plates and revalidation decals, the special and distinctive license plates and special personalized prestige license plates authorized by this article may be used upon and transferred to vehicles other than the vehicle for which such plate was issued."

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Section 12. Said title is further amended by striking subsection (e) of Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart citation, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $3.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."

Section 13. Said title is further amended by striking subsection (e) of Code Section 40-2-85, relating to license plates for veterans who survived the attack on Pearl Harbor, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $3.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."

Section 14. Said title is further amended by striking subsection (e) of Code Section 40-2-85.1, relating to special and distinctive license plates for retired veterans, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional S3.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."

Section 15. Said title is further amended by striking subsection (c) of Code Section 40-3-38, relating to fees for certificates of title, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The commissioner shall be paid a fee of $6.00 $10.00 for the filing of an application for any certificate of title and for the filing of the notice of a security interest or a lien on vehicles not required by law to be titled in this state. The commissioner may, by appropriate regulation, provide for additional fees not to exceed $6.00 $10.00 for the special handling of applications for certificates of title and related documents."

Section 16. Said title is further amended by striking subsection (a) of Code Section 40-5-25, relating to driver's license fees, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety, not to exceed:
(1) For instruction permits for Classes A, B, C, and M drivers' licenses................................................................................................... $ MO 5.00

(2) For Classes C and M drivers' licenses................................................... 4SQ 15.00

(3) For Classes A and B drivers' licenses.................................................... 8&Q 15.00

(4) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit.......

35.00

(5) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses........................................ 8rl>9 10.00

(6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test............................................................

65.00

MONDAY, MARCH 2, 1992

1809

(7) For Classes A, B, C, and M commercial drivers' licenses, initial

issuance not requiring a road test.....................................................

15.00

(8) For renewal of Classes A, B, C, and M commercial drivers' licenses................................................................................................... &66 15.00

(9) Initial issuance of Classes A, B, C, and M commercial drivers'

licenses and Class P commercial drivers' instruction permits

shall include all endorsement fees within the license fee. Each

endorsement added after initial licensing.........................................

5.00

Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit."

Section 17. Said title is further amended by striking subsection (a) of Code Section 40-5-32, relating to expiration and renewal of licenses, in its entirety and inserting in lieu thereof the following:
"(a) Every driver's license shall expire on the licensee's birthday in the fourth fifth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and satisfactory completion of the examination required or authorized by subsection (b) of this Code section. Every holder of a veteran's or honorary license shall meet the requirements of subsection (b) of this Code section on or before his birthday every four five years, beginning from the date on which the holder was last required to take an examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department may allow a veteran or honorary license holder to retain his expired veteran's or honorary license as a souvenir. The board shall issue such rules and regulations as are required to enforce this subsection."

Section 18. Said title is further amended by striking paragraph (3) of subsection (e) of Code Section 40-5-58, relating to probationary licenses for habitual violators, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Upon compliance with the above conditions and the payment of a $26.00 fee of $60.00 or $50.00 when processed by mail, such person may be issued a probationary driver's license by the department."

Section 19. Said title is further amended by striking Code Section 40-5-63, relating to periods of suspension and conditions for reinstatement of a driver's license, in its entirety and inserting in lieu thereof a new Code Section 40-5-63 to read as follows:
"40-5-63. (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense 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 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. 8uch If such license was suspended as a result of a conviction of a violation of Code Section 40-6-391, such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when 9eh reinstatement is processed by mail. If such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, it shall be reinstated if such person submits proof of completion of either an approved defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $60.00 or $50.00 when processed by mail. A driver's license suspended

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as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph 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 paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense 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, the period of suspension shall he 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 If such license was suspended as a result of a conviction of a violation of Code Section 40-6-391, such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when processed by mail. If such license was suspended as a result of a conviction of an offense listed jn Code Section 40-5-54, it shall be reinstated if such person submits proof of completion of either an approved defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $60.00 or $50.00 when processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 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; or
(3) Upon the third conviction of any such offense 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 considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 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.
(b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that the license suspension of a person who refused to submit to a test or tests provided in Code Section 40-5-55, but who within 180 days of the date of arrest enters a plea of guilty to a charge of violating Code Section 40-6-391, shall be deleted upon the acceptance of such plea and receipt by the Department of Public
Safety of an authorization from the prosecutor or, where there is no prosecutor, from
the judge authorizing the deletion. If a person who has refused to submit to a test or

MONDAY, MARCH 2, 1992

1811

tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393 or has been charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months.
(c) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391.
(d) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a restoration fee ef $36.00 or $26.00 when such reinstatement is processed by mail as provided in subsection (a) of this Code section.
(e) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction."
Section 20. Said title is further amended by striking subsection (e) of Code Section 40-5-64, relating to limited driving permits, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Duration of permit. A permit issued pursuant to this Code section shall be $6.00 $25.00 and shall be nonrenewable and shall become invalid upon the expiration of one year following the effective date of suspension of the applicant's driver's license, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit; immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit."
Section 21. Said title is further amended by striking subsection (a) of Code Section 40-5-68, relating to suspension of licenses for failure to complete a DUI Alcohol or Drug Use Risk Reduction Program, in its entirety and inserting in lieu thereof a new subsection (a) 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 DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources by the date specified 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 only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $36.00 t $26.00 $210.00 or $200.00 when seh reinstatement is processed by mail."

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Section 22. Said title is further amended by striking subsection (a) of Code Section 40-5-70, relating to suspension of driver's license for failure to show proof of insurance, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In addition to any other punishment, the driver's license of a person convicted under subsection (a), (b), or (c) of Code Section 40-6-10 shall be suspended for a period of 60 days. The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the department. After the 60 day suspension period and when the person provides proof of having prepaid a six-month minimum insurance policy and pays a restoration fee of $36.00 er $26.00 $60.00 or $50.00 when such reinstatement is processed by mail to the department, the suspension shall terminate and the department shall return the person's driver's license to such person. For a second or subsequent offense within a five-year period, the suspension period will be increased to 90 days and, in addition to the driver's license, such person's license tag and tag registration shall also be suspended for a period of 90 days. The procedures for submission of drivers' licenses to the court and the forwarding of such licenses to the department shall also apply to license tags and tag registrations."
Section 23. Said title is further amended by striking subsection (c) of Code Section 40-5-71, relating to suspension of a driver's license upon notice of cancellation of insurance, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection.
(2) If the owner responds within the specified time period and indicates that minimum insurance coverage is not in effect, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $36.00 of $26.00 $60.00 or $50.00 when seh reinstatement is processed by mail, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle.
(3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $36.00 of $26.00 $60.00 or $50.00 when seh reinstatement is processed by mail, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that for any owner whose driver's license has been suspended pursuant to this paragraph who provides satisfactory proof of continuous minimum insurance coverage shall en4y pay a restoration fee the commissioner may waive the lapse fee and the restoration fee and shall not be deemed to have violated Code Section 40-5-121.
(4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license, license tag, and tag registration for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license, license tag, and tag registration to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $36.00 ef $26.00 $60.00 or $50.00 when seh reinstatement is processed by mail to the department, the suspension shall terminate and the department shall return the driver's license, license tag, and tag registration to the owner of the motor vehicle."
Section 24. Said title is further amended by striking Code Section 40-5-75, relating
to suspension of a driver's license for a conviction of possession of drugs, in its entirety
and inserting in lieu thereof a new Code Section 40-5-75 to read as follows:

MONDAY, MARCH 2, 1992

1813

"40-5-75. (a) The driver's license of any person convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense 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 not less than 180 days. At the end of 180 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of completion of the assessment component and either the education/intervention component or the intensive intervention component of a DUI alcohol ef drag se r4s4t reduction program Alcohol or Drug Use Risk Reduction Program as prescribed by the Department of Human Resources and pays to the Department of Public Safety a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when sweh reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense 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, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of the intensive intervention component of a DUI alcohol OT drug se rtsfc reduction program Alcohol or Drug Use Risk Reduction Program as prescribed by the Department of Human Resources and paying to the Department of Public Safety a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when stjeh reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense 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's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit;
(B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he is regularly enrolled as a student;

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(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner. (b) Whenever a person is convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension; provided, however, that, effective January 1, 1992, if, at the time of conviction of unlawful possession of a controlled substance or marijuana, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a driver's license.
(c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete the assessment and education/intervention components of a First Offender DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program 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 program by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Department of Public Safety.
(2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety. (d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required components of a DUI alcohol er drug se risk reduction program Alcohol or Drug Use Risk Reduction Program and a restoration fee of $36.00 or $26.00 $210.00 or $200.00 when such reinstatement is processed by mail. Application for a three-year driving permit
under paragraph (3) of subsection (a) of this Code section shall be made on such form
as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.
(e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section
shall not be eligible for early reinstatement of his license and shall not be eligible for a limited driving permit, but such person's license shall be reinstated only as provided
in this Code section.
(f) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been
suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the
department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00
or by imprisonment in the penitentiary for not more than 12 months, or both. (g) Notwithstanding the provisions of Code Section 15-11-38 and except as provided
in subsection (c) of this Code section, an adjudication of a minor child as a delinquent

MONDAY, MARCH 2, 1992

1815

child or an unruly child for possession of marijuana or a controlled substance in violation of subsection (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section.
(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete an assessment component and an education/intervention component or intensive intervention component of a DUI alcohol er drug ttse risk- reduction program Alcohol or Drug Use Risk Reduction Program operated by or under contract with the juvenile court in lieu of a program as prescribed by the Department of Human Resources."

Section 25. Said title is further amended by striking Code Section 40-5-103, relating to the fee for an identification card, in its entirety and inserting in lieu thereof a new Code Section 40-5-103 to read as follows:
"40-5-103. (a) The department shall collect a fee of S&rOO $10.00 for the identification card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle driver's license fees.
(b) The department shall not be authorized to collect a fee for an identification card from those persons who are entitled to a free veterans' driver's license under the provisions of Code Section 40-5-36."

Section 26. 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 48-10-2, relating to annual license fees, in its entirety and inserting in lieu thereof a new Code Section 48-10-2 to read as follows:
"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....................................................................... $ &QO 12.00

(2) For each motorcycle................................................................................. &QO 12.00

(3) (A) For each private truck in accordance with the owner declared gross vehicle weight, as follows:

(i) Less than 14,000 Ibs........................................................................ &QO 12.00
(n) 14,000 to ts^eee 26,000 ibs.............................................................. mee 28.00

(iii) 18,001 to 26,000 ftsr........................................................................

30^e

ivt) (iii) 26,001 to 30,000 Ibs.................................................................. 40^ 45.00

M (iv) 30,001 to 36,000 Ibs................................................................. WQ 70.00

{vi) (v) 36,001 to 44,000 Ibs................................................................... 100.00 115.00

{vti} (vi) 44,001 to 54,999 Ibs................................................................... f&QQ 190.00

(viii) (vii) 55,000 to 63,280 Ibs. ............................................................. 275.00 300.00

(i*) (viii) 63,281 Ibs. to maximum permitted...................................... 37^00 400.00

(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 $70.00;

(ii) A straight truck hauling fertilizer and agricultural products shall not be classified higher than $26.00 $28.00; and

(iii) A truck-tractor hauling fertilizer or milk shall not be classified higher than $176.00 $190.00;

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JOURNAL OF THE HOUSE,

(4) For each farm truck................................................................................. &Q0 12.00

(5) Except as otherwise specifically provided in this Code section, for each private trailer .............................................................................. &QO 12.00

(6) (A) For each farm trailer including, but not limited to, horse and cattle trailers, the maximum fee shall be $&&Q $12.00.

(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

(iii) With no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm;

(7) 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..................................................

8.00 12.00

(8) 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 12.00

(9) 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, $fc9 $1.70 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, $2rS $2.50 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, $2.76 $3.00 for each 100 pounds or fractional part of 100 pounds factory weight; and

(D) Weighing more than 20,000 pounds factory weight, $&W $3.50 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700.00 $775.00;

(10) (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:

Less than 14,000 Ibs.. ...................................................................... 8rOO 12.00

14,000 to 18,000 26,000 Ibs.............................................................. SOrQO 28.00

1ID Uqs. ..........................................................................

(iv)(iiil 26,001 to 30,000 Ibs.................................................................. SftOO 90.00

{v) (iv) 30,001 to 36,000 Ibs.. ...................... ......................................... -tSfeOe 130.00

MONDAY, MARCH 2, 1992

1817

4vi) (v) 36,001 to 44,000 Ibs. .................................................................. SQfeOe 225.00

(vtt) (yi) 44,001 to 54,999 Ibs................................................................... 360^0 370.00

4vi) (vii) 55,000 to 63,280 Ibs .............................................................. 66&00 600.00

(> (viii) 63,281 Ibs. to maximum permitted...................................... TO^OO 775.00

(B) Subparagraph (A) of this paragraph notwithstanding, a straight truck which is not a truck-tractor shall not be classified higher than $120.00 $130.00;

(11) 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 (10) of this Code section;

(12) For each motor driven hearse or ambulance........................................ &69 12.00

(13) 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 $6.00 $12.00. 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 $6.00 $12.00 in the same manner as school buses when the bus complies with the laws applicable to school buses;

(14) For each motor vehicle owned by the state or by a political subdi-

vision or municipality of the state and used exclusively for gov-

ernmental functions.............................................................................

1.00

(15) 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 .............................

W)Q 12.00

(16) Heavy earth-moving machinery, not including trucks, used primarily off the highway shall not be required to be licensed under this chapter;

(17) (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 28.00

(ii) Othertruck-tractors 176.00 195.00

(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

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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 27. Said chapter is further amended by striking Code Section 48-10-2.1, relating to fees for apportionable vehicles, in its entirety and inserting in lieu thereof 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:
(1) 26,001 to 30,000 Ibs. ................................................................................. $ 40^e 45.00
(2) 30,001 to 36,000 Ibs. ................................................................................. 6&QQ 70.00
(3) 36,001 to 44,000 Ibs. ................................................................................. MftOO 115.00
(4) 44,001 to 54,999 Ibs. ................................................................................. 176.00 190.00
(5) 55,000 to 63,280 Ibs. ................................................................................. 276.00 300.00
(6) 63,281 Ibs. to maximum permitted........................................................ 375.00 400.00
(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 Ibs. ................................................................................. $ 8&OQ 90.00
(2) 30,001 to 36,000 Ibs. ................................................................................. 120.00 130.00
(3) 36,001 to 44,000 Ibs. ................................................................................. 200.00 225.00
(4) 44,001 to 54,999 Ibs. ................................................................................. 350.00 370.00
(5) 55,000 to 63,280 Ibs. ................................................................................. 65&QO 600.00
(6) 63,281 Ibs. to maximum permitted ........................................................ TOfeOO 775.00
(c) For each apportionable motor bus or van-type vehicle the fee is $3.00 $3.50 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700.00 $775.00.
(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 $6.00 $12.00. 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 $6r66 $12.00 in the same manner as school buses when the bus complies with the laws 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 28. Said chapter is further amended by striking Code Section 48-10-3, relating to registration and licensing of manufacturers and dealers, in its entirety and inserting in lieu thereof a new Code Section 48-10-3 to read as follows:

MONDAY, MARCH 2, 1992

1819

"48-10-3. (a) Manufacturers and dealers engaged in the manufacture or sale of motor vehicles, tractors, or trailers shall register with the commissioner and shall apply for a distinguishing dealer's number. The application shall specify the name and make of motor vehicle, tractor, or trailer manufactured or sold by the applicant and shall be made upon forms prepared by the commissioner. The applicant shall pay at the time of making application a fee of $26.00 $30.00. For the fee, the commissioner shall furnish the applicant one number plate to be known as a dealer's number and to be distinguished from the number plates provided in this Code section by a different and distinguishing color to be determined by the commissioner. The dealer's number plate shall have the word 'Dealer' on its face and shall be used for the purpose of demonstrating or transporting a manufacturer's or dealer's vehicles or trailers for sale. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire or for lease or in any other manner not provided in this Code section.
(b) In the event a dealer or manufacturer desires more than one number plate, he shall so state on the application and, in addition to the fee of $26.00 $30.00, shall pay a fee of $6.00 $6.00 for each additional number plate furnished.
(c) Each person engaged in the business of transporting motor vehicles for others under the motor vehicle's own power shall be entitled to obtain license plates under this Code section, but the plates shall be used only on vehicles being transported.
(d) Each person engaged in the business of transporting mobile homes and house trailers for others shall be entitled to obtain license plates under this Code section.
(e) This Code section shall not apply in any manner to farm tractors."
Section 29. Said chapter is further amended by striking Code Section 48-10-6, relating to transfers of annual license plates, in its entirety and inserting in lieu thereof a new Code Section 48-10-6 to read as follows:
"48-10-6. The annual license and plate issued for the operation of a vehicle described in paragraph (3), (9), or (10) of Code Section 48-10-2, except those named in divisions (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (10)(A)(i), (10)(A)(ii), and (10)(A)(iii) of Code Section 48-10-2, may be transferred with the approval of the commissioner from a destroyed or retired motor vehicle to another vehicle upon payment of a transfer fee of $1.00 $2.50 and upon presentation of an appropriate application for transfer. If the substituted vehicle normally calls for a higher-priced plate than the vehicle displaced, a proportionate additional fee shall be paid for the remainder of the taxable year."
Section 30. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by striking Code Section 10-1-789, which reads as follows:
"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 payable 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.
(c) It is the intent of the General Assembly that any consumer who, on or after July 1, 1990, but prior to January 1, 1991, pays or should have paid the fee designated in this Code section shall be entitled to utilize the remedies provided in Code Sections 10-1-786, 10-1-787, and 10-1-788 in addition to any other remedies which exist in law

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or in equity regarding defective automobiles, notwithstanding the effective dates of this article or the effective dates of any provisions of this article."
Section 31. (a) Sections 1, 3 through 10, 12 through 14, and 26 through 28 of this Act shall become effective May 1, 1992, and, except as provided in subsection (b) of this section, the remaining sections of this Act shall become effective April 1, 1992.
(b) Section 30 of this Act shall become effective July 1, 1992. 1, 1992.
Section 32. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Coleman of the 118th moves to amend the Committee substitute to HB 1145 as follows:
By inserting on page 24 line 18 after the word fee and before and, the following:
or the commissioner may charge the company who submitted the information which led to the erroneous suspension an amount equal to the lapse fee and the restoration fee
And by inserting on page 24 line 18 after the word and the words:
the owner.

The following amendment was read and lost:

Representative Wilder of the 21st moves to amend the Committee substitute to HB 1145 as follows:
Amend any sub by eliminating any and all references to increasing all fees except the following:
1. Increase license restoration fees for habitual violators and drug - DUI violators to $500 each and other violators to $200.
2. Double prestige tag fees from $25 annually to $50 annually.

The following amendment was read and adopted:

Representative Jackson of the 9th moves to amend the Committee substitute to HB 1145 as follows:
By deleting on page 15, line 22 and 23 the words:
"or $50.00 when processed by mail"
and by changing on page 15 line 22 the figure $60.00 to the figure $200.00.

The following amendment was read:

Representative Murphy of the 18th, et al. moves to amend the Committee substitute to HB 1145 by adding after the word "to" on line 2 of page 1 the following:
"comprehensively revise certain provisions relating to motor vehicle fees; to".
By adding after the semicolon on line 7 of page 1 the following:
"to provide for a portion of certain fees for the new motor vehicle arbitration account; to provide for a title transfer fee for certain vehicles previously titled outside the state;".

MONDAY, MARCH 2, 1992

1821

By striking the figure "$33.00" on line 11 of page 2 and inserting in its place the figure "$45.00".
"$5.0B0y". striking the figure "$2.50" on line 22 of page 3 and inserting in its place the figure

By striking the figure "$33.00" on line 9 of page 4 and inserting in its place the figure "$45.00".
By inserting between lines 20 and 21 of page 4 the following:
"Section 3.1. Said title is further amended by striking Code Section 40-2-61, relating to special license plates for United States Senators and Congressmen, the Governor, Lieutenant Governor, Speaker of the House of Representatives, Justices of the Supreme Court, and Judges of the Court of Appeals; and Code Section 40-2-62, relating to special license plates for members of the General Assembly, in their entirety and inserting in lieu thereof new Code Sections 40-2-61 and 40-2-62 to read as follows:
'40-2-61. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and each Justice of the Supreme Court and each Judge of the Court of Appeals to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The special license plate authorized by this Code section shall be issued to such elected official upon application and payment of a manufacturing fee of $45.00 and upon compliance with the state laws relating to registration and licensing of motor vehicles and may be transferred as provided in Code Section 40-2-80. Distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $3.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34.
40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before December 31 of each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $45.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $3.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34.'".
By striking the figure "$33.00" on line 30 of page 4 and inserting in its place the figure "$45.00".
By striking the figure "$33.00" on line 33 of page 5 and inserting in its place the figure "$45.00".
By striking the figure "$33.00" on line 2 of page 7 and inserting in its place the figure "$45.00".
By striking the figure "$33.00" on line 1 of page 8 and inserting in its place the figure "$45.00".

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By striking the figure "$33.00" on line 30 of page 8 and inserting in its place the figure "$45.00".
By striking the figure "$33.00" on line 21 of page 9 and inserting in its place the figure "$45.00".
By striking the figure "$33.00" on line 7 of page 10 and inserting in its place the figure "$45.00".
By striking the figure "$33.00" on line 11 of page 10 and inserting in its place the figure "$45.00".
By striking the figure "$33.00" on line 33 of page 10 and inserting in its place the figure "$45.00".
By adding between Sections 11 and 12 a new Section 11.1 to read as follows:
"Section 11.1. Said title is further amended by striking subsection (b) of Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart, in its entirety and inserting in lieu thereof the following:
'(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. Said applicant may apply for and be limited to two tags. The commissioner shall retain all applications received for such special and distinctive license plate until a minimum of 250 applications have been received. After receipt of 250 applications for such a distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such a special and distinctive license plate shall be $40.00 $45.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable.'"
By adding between Sections 12 and 13 a new Section 12.1 to read as follows:
"Section 12.1. Said title is further amended by striking subsection (b) of Code Section 40-2-85, relating to license plates for veterans who survived the attack on Pearl Harbor, in its entirety and inserting in lieu thereof the following:
'(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plate until a minimum of 250 applications have been received. After receipt of 250 applications for such a distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regulations as may be necessary to enforce

MONDAY, MARCH 2, 1992

1823

compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00 $45.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable.'"
By adding between Sections 13 and 14 a new Section 13.1 to read as follows:
"Section 13.1. Said title is further amended by striking subsection (b) of Code Section 40-2-85.1, relating to special and distinctive license plates for retired veterans, in its entirety and inserting in lieu thereof the following:
'(b) A retired veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plates until a minimum of 250 applications have been received. After receipt of 250 applications for such a distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications by July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates, and all fees shall be refunded to the applicants. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $4&Q6 $45.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable.'"
By inserting between lines 6 and 7 of page 13 the following:
"Section 14.1. Said title is further amended by adding a new Code Section 40-3-21.1 to read as follows:
'40-3-21.1. (a) When a certificate of title is issued for a motor vehicle that, at the time of applying for a certificate of title, is and has been titled in another state, a fee shall be levied of a minimum of $40.00 and a maximum of $200.00. The fee shall be based on the value of the vehicle as published in a schedule compiled by the state revenue commissioner; provided, however, that the maximum fee shall apply to all vehicles with a fair market value in excess of $25,000.00. Persons who have paid an equivalent fee on such motor vehicle in the state of origin within 90 days of applying for a new certificate of title in this state shall receive a credit against the fee due under this subsection.
(b) The transfer fee imposed by subsection (a) of this Code section shall not apply to:
(1) Vehicles for which no certificate of title shall be obtained as provided in Code Section 40-3-4;
(2) Certificates of title issued for any motor vehicle owned by and operated for the exclusive personal use of:
(A) Any member of the United States armed forces, or such member's spouse or dependent child, who is not a resident of this state and is stationed in this state pursuant to military orders;

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(B) Any former member of the United States armed forces, or such member's spouse or dependent child, who purchased such motor vehicle while stationed outside of this state or who purchased such motor vehicle prior to departing this state, who has separated from the armed forces and who was not dishonorably discharged or discharged for bad conduct, who was a resident of this state at the time of enlistment and at the time of discharge, and who applies for registration of such motor vehicle within six months of the date of discharge;
(C) Any member of the United States armed forces, or such member's spouse or dependent child, who was a resident of this state at the time of enlistment, who purchased such motor vehicle while stationed outside of this state or who purchased the vehicle prior to departing this state, and who is now reassigned by military order to this state; or
(D) Any spouse or dependent child of a member of the United States armed forces who loses his or her life while on active duty or who is listed by the armed forces as 'missing in action.' Such spouse or child must be a resident of this state, and the member must have been a resident of this state at the time of enlistment. Registration of such motor vehicle must occur within one year of the notification of the member's death or status as 'missing in action';
(3) Certificates of title where reassignment is being made by a dealer as defined in Code Section 40-1-1;
(4) The certificate of title for any motor vehicle required to be registered and licensed under Code Section 40-2-37 or any motor vehicle owned or exclusively operated by the state or by any county, municipality, or other governmental entity;
(5) Motor vehicles with special license plates issued pursuant to Code Section 40-2-78;
(6) Motor vehicles entitled to or issued a free license plate pursuant to Code Section 40-2-69;
(7) Motor vehicles described in subparagraph (B) of paragraph (6), paragraphs (13) and (14), and subparagraph (B) of paragraph (17) of Code Section 48-10-2;
(8) Motor vehicles exempt from registration and licensing under subsection (b) of Code Section 40-2-20;
(9) Motor vehicles for which a total loss claim has been paid by an insurance company and title to such vehicle has been acquired by the insurance company; or
(10) Motor vehicles, purchased outside the state by bonafide residents of the State of Georgia, after residency has been established, and for which such resident obtains a Georgia certificate of title.'"
By adding immediately after the designation (c) on line 12 of page 13 a new designation "(I)"-
By striking the figure "$10.00" on line 13 of page 13 and inserting in its place the figure "$18.00".
By striking the figure "$10.00" on line 18 of page 13 and inserting in its place the figure "$18.00".
By striking the quotation mark on line 20 of page 13 and inserting immediately thereafter the following:
"(2) The commissioner shall pay $2.00 into the motor vehicle arbitration account created in Code Section 10-1-789 out of each fee collected for filing an application for a certificate of title for a motor vehicle for which no certificate of title has previously been

MONDAY, MARCH 2, 1992

1825

issued, $2.00 shall be paid by the state revenue commissioner to the Office of Planning and Budget for deposit into the new motor vehicle arbitration account. 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.'"
By striking Section 17 in its entirety and inserting a new Section 17 to read as follows:
"Section 17. Said title is further amended by adding at the end of Code Section 40-5-25, relating to driver's license fees, a new subsection (d) to read as follows:
'(d) Any person taking an examination (other than the driving test) for purposes of obtaining an instruction permit or driver's license shall pay to the department an examination fee of $5.00. If the applicant successfully passes the examination, such $5.00 fee shall be credited against the cost of the permit or license as otherwise provided for in subsection (a) of this Code section. However, if the applicant does not successfully pass the examination, such $5.00 fee shall be nonrefundable and payment of such $5.00 fee shall again be required for a subsequent examination.'"
By striking from lines 22 and 23 of page 15 the following:
"or $50.00 when processed by mail".
By inserting between lines 24 and 25 of page 15 the following:
"Section 18.1. Said title is further amended by striking subsection (b) of Code Section 40-5-62, relating to conditions to issuance of a new license, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $210.00 in addition to the fee prescribed by Code Section 40-5-25 to issue a new driver's license to a person whose driver's license has been revoked.'".
By inserting on line 4 of page 18 after the word and symbol "mail." the following:
"If the person does not apply for early reinstatement of a license suspended as a result of a conviction of a second violation of Code Section 40-6-391, the Department of Public Safety shall charge a fee of $210.00 or $200.00 if processed by mail before reinstatement of such person's license or, in addition to the fee prescribed by law, for issuance of a new license.".
By striking the figures "$6.00 $10.00" on line 21 of page 31 and inserting in lieu thereof the figure "$5.00".
By striking the figure "$775.00" on line 36 of page 34 and inserting in lieu thereof the figure "$725.00".
By striking from line 52 of page 34 the following: "90.00",
and inserting in lieu thereof the following: "85.00".
By striking from line 56 of page 34 the following:
"225.00",

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and inserting in lieu thereof the following: "215.00". By striking from line 2 of page 35 the following: "370.00",
and inserting in lieu thereof the following: "365.00". By striking from line 4 of page 35 the following:
"600.00", and inserting in lieu thereof the following:
"575.00".
By striking from line 7 of page 35 the following: "775.00",
and inserting in lieu thereof the following: "725.00". By striking lines 22 through 28 of page 37 in their entirety and inserting in lieu
thereof the following: "(1) 26,001 to 30,000 Ibs. ................................................................................$ 8&00 85.00
(2) 30,001 to 36,000 Ibs.................................................................................120.00 130.00
(3) 36,001 to 44,000 Ibs.................................................................................200.00 215.00
(4) 44,001 to 54,999 Ibs.................................................................................36&e0 365.00
(5) 55,000 to 63,280 Ibs.................................................................................660.00 575.00
(6) 63,281 Ibs. to maximum permitted ...................................................................700.00 725.00".
By striking the figure "$775.00" on line 32 of page 37 and inserting in its place the figure "$725.00".
By striking the figure "$30.00" on line 4 of page 39 and inserting in lieu thereof the figure "$31.00".
By striking the figure "$30.00" on line 20 of page 39 and inserting in its place the figure "$31.00".
By striking the figure "$2.50" on line 13 of page 40 and inserting in its place the figure "$5.00".
By striking Section 31 in its entirety and inserting in its place a new Section 31 to read as follows:
"Section 31. Sections 1, 3 through 10, 11.1, 12 through 14.1, and 26 through 28 of this Act shall become effective May 2, 1992. The remaining sections of this Act shall become effective April 1, 1992."

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

MONDAY, MARCH 2, 1992

1827

N Abernathy N Adams "
Aiken Y Alford Y Ashe
N Atkins N Baker Y Balkcom
N Barfoot N Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty Y Benet'ield N Birdsong N Blitch N Bordeaux Y Bostick
Y Branch N Breedlove
N Brooks N Brown Y Brush Y Buck Y Buckner Y Byrd
N Campbell N Cantv Y Carrell N Carter
Y Cauthorn N Chafin
Chambless
N Cheeks Y Childers

N Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Y Connell N Culbreth Y Cummings.B
N Cummings.M N Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover N Dunn Y Edwards N Elliott
N Felton N Fennel
Y Floyd.J.M N FloydJ.W N Flynt N Godbee N Golden N Goodwill
E Green Y Greene N Griffin Y Groover
N Hamilton Y Hammond Y Hanner
Y Harris.B Y Harris.J

Y Heard N Henson N Herbert N Holland Y Holmes
N Howard Y Hudson N Irwin
N Jackson N Jamieson Y Jenkins N.Jones Y Kilgore Y King N Kingston N Klein Y Ladd Y Lane.D N Lane.R
E Langford N Lawrence
N Lawson Y Lee Y Long Y Lord Y Lucas N Mann
N Martin N McBee N McCoy N McKelvey
McKinney.B N McKinney.C Y Meadows
N Merritt N Milam

N Mills Y Mobley N Moody Y Morsberger N Moultrie
N Mueller Y Oliver.C N Oliver.M
N Orr N Orrock Y Padgett Y Parham Y Parrish N Patten N Pelote Y Perry
Pettit N Pinholster Y Pinkston
N Poag N Porter
N Poston Y Powell.A N Powell.C N Presley E Purcell Y Randall
N Ray Y Reaves N Redding Y Ricketson
N Royal N Selman N Sherrill
N Simpson Y Sinkfield

Y Skipper N Smith.L N Smith.P N Smith.T N Smith.W
Y Smyre Y Snow Y Stancil.K
N Stancil,S Stanley
N Streat Y Taylor N Teper Y Thomas.C
Thomas,M N Thomas.N N Thurmond N Titus N Tolbert
N Townsend N Turnquest
N Twiggs N Valenti N Vaughan Y Walker.J Y Walker.L Y Wall
Y Watson Y Watts N White N Wilder
Y Williams.B Williams,,!
Y Williams.R
N Yeargin Murphy.Spkr

On the adoption of the amendment, the ayes were 73, nays 96. The amendment was lost.

The following amendment was read:

Representative Porter of the 119th, et al. moves to amend the Committee substitute to HB 1145 by inserting on line 4 of page 1 after the word and symbol "plates;" the following:
"to change the fee to local tag agents; to provide for a title transfer fee for vehicles previously titled outside the state;".
By striking from line 10 through line 15 of page 1 the following:
"to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to eliminate the $3.00 consumer fee charged to fund the new motor vehicle arbitration account in Article 28 of Chapter 1 of said title, the 'Motor Vehicle Warranty Rights Act';"-
By striking lines 21 through 27 of page 1 and lines 1 through 33 of page 2 in their entirety and inserting in lieu thereof the following:
"striking subsection (d) of Code Section 40-2-32, relating to license plates issued in commemoration of colleges or universities, in its entirety and inserting in lieu thereof the following:
'(d) Special license plates issued under this Code section shall be renewed annually with a revalidation deca!2 as provided in Code Section 40-2-31j upon payment of an additional $25.00 annual registration fee which".
By inserting between lines 5 and 6 of page 3 the following:

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"Section 1.5. Said title is further amended by striking subsection (b) of Code Section 40-2-33, relating to issuance of license plates and compensation of local tag agents, in its entirety and inserting in lieu thereof the following:
'(b) The amount of commission permitted as compensation to tag agents under this Code section shall be 66* $1.00 per license plate or revalidation decal issued during any calendar year. Twenty-five cents for each license plate or revalidation decal sold in excess of 4,000 during any one calendar year shall become the property of the county and shall be turned over to the fiscal authorities of the county by the tag agent. The remaining portion of such commissions shall be disposed of as provided in Code Section 40-2-34.'"
By striking from line 22 of page 3 the following:
"$2.50",
and inserting in lieu thereof the following: "$5.00".

By striking from line 9 of page 4 the following:
"$25.00 $33.00",
and inserting in lieu thereof the following:
"$25.00".
By striking from line 15 of page 4 the following:
"$3.00",
and inserting in lieu thereof the following:
"$25.00".
By inserting between lines 20 and 21 of page 4 the following:
"Section 3.1. Said title is further amended by striking Code Section 40-2-61, relating to special license plates for United States Senators and Congressmen, the Governor, Lieutenant Governor, Speaker of the House of Representatives, Justices of the Supreme Court, and Judges of the Court of Appeals; and Code Section 40-2-62, relating to special license plates for members of the General Assembly, in their entirety and inserting in lieu thereof new Code Sections 40-2-61 and 40-2-62 to read as follows:
'40-2-61. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and each Justice of the Supreme Court and each Judge of the Court of Appeals to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The special license plate authorized by this Code section shall be issued to such elected official upon application and payment of a manufacturing fee of $25.00 and upon compliance with the state laws relating to registration and licensing of motor vehicles and may be transferred as provided in Code Section 40-2-80. Distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34.
40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein

MONDAY, MARCH 2, 1992

1829

such members reside on or before December 31 of each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34.'".
By striking from line 30 of page 4 the following:

and inserting in lieu thereof the following: "$25.00". By striking from line 2 of page 5 the following: "$3.00".
and inserting in lieu thereof the following: "$25.00". By striking from the end of line 32 and the beginning of line 33 of page 5 the follow-
ing:

and inserting in lieu thereof the following: "$25.00". By striking from line 4 of page 6 the following: "$3.00",
and inserting in lieu thereof the following: "$25.00". By striking from line 2 of page 7 the following:
"gtpOCv.\AJ\AJ <ipOQQO.UflUfl" ,
and inserting in lieu thereof the following: "$25.00". By striking from line 6 of page 7 the following: "$3.00",
and inserting in lieu thereof the following: "$25.00". By striking from the end of line 34 of page 7 and the beginning of line 1 of page 8
the following: "$26.00 $33.00",

1830

JOURNAL OF THE HOUSE,

and inserting in lieu thereof the following:
"$25.00".
By striking from line 5 of page 8 the following:
"$3.00",
and inserting in lieu thereof the following:
"$25.00". .
By striking lines 30 and 31 of page 8 in their entirety and inserting in lieu thereof the following:
"additional initial fee of $25.00 and an additional annual registration fee of $25.00 which fee".
By striking lines 21 and 22 of page 9 in their entirety and inserting in lieu thereof the following:
"fee of $25.00 and an additional annual registration fee of $25.00 which fee shall be collected".
By striking from lines 7, 11, and 33 of page 10 the following:

and inserting in lieu thereof the following:
"$25.00".
By striking from line 16 of page 10 the following:
"$3.00",
and inserting in lieu thereof the following: "$25.00".
By striking from line 1 of page 11 the following:
"$3.00",
and inserting in lieu thereof the following: "$25.00".
By striking from lines 4, 17, and 32 of page 12 the following:
"$3.00",
and inserting in lieu thereof the following:
"$25.00".
By inserting between lines 6 and 7 of page 13 the following:
"Section 14.1. Said title is further amended by adding a new Code Section 40-3-21.1 to read as follows:
'40-3-21.1. (a) When a certificate of title is issued for a motor vehicle that, at the time of applying for a certificate of title, is and has been titled in another state, a fee shall be levied of a minimum of $40.00 and a maximum of $200.00. The fee shall be based on the value of the vehicle as published in a schedule compiled by the state revenue commissioner; provided, however, that the maximum fee shall apply to all vehicles with a fair market value in excess of $25,000.00. Persons who have paid an

MONDAY, MARCH 2, 1992

1831

equivalent fee on such motor vehicle in the state of origin within 90 days of applying for a new certificate of title in this state shall receive a credit against the fee due under this subsection.
(b) The transfer fee imposed by subsection (a) of this Code section shall not apply to:
(1) Vehicles for which no certificate of title shall be obtained as provided in Code Section 40-3-4;
(2) Certificates of title issued for any motor vehicle owned by and operated for the exclusive personal use of:
(A) Any member of the United States armed forces, or such member's spouse or dependent child, who is not a resident of this state and is stationed in this state pursuant to military orders;
(B) Any former member of the United States armed forces, or such member's spouse or dependent child, who purchased such motor vehicle while stationed outside of this state or who purchased such motor vehicle prior to departing this state, who has separated from the armed forces and who was not dishonorably discharged or discharged for bad conduct, who was a resident of this state at the time of enlistment and at the time of discharge, and who applies for registration of such motor vehicle within six months of the date of discharge;
(C) Any member of the United States armed forces, or such member's spouse or dependent child, who was a resident of this state at the time of enlistment, who purchased such motor vehicle while stationed outside of this state or who purchased the vehicle prior to departing this state, and who is now reassigned by military order to this state; or
(D) Any spouse or dependent child of a member of the United States armed forces who loses his or her life while on active duty or who is listed by the armed forces as 'missing in action.' Such spouse or child must be a resident of this state, and the member must have been a resident of this state at the time of enlistment. Registration of such motor vehicle must occur within one year of the notification of the member's death or status as 'missing in action';
(3) Certificates of title where reassignment is being made by a dealer as defined in Code Section 40-1-1;
(4) The certificate of title for any motor vehicle required to be registered and licensed under Code Section 40-2-37 or any motor vehicle owned or exclusively operated by the state or by any county, municipality, or other governmental entity;
(5) Motor vehicles with special license plates issued pursuant to Code Section 40-2-78;
(6) Motor vehicles entitled to or issued a free license plate pursuant to Code Section 40-2-69;
(7) Motor vehicles described in subparagraph (B) of paragraph (6), paragraphs (13) and (14), and subparagraph (B) of paragraph (17) of Code Section 48-10-2;
(8) Motor vehicles exempt from registration and licensing under subsection (b) of Code Section 40-2-20;
(9) Motor vehicles for which a total loss claim has been paid by an insurance company and title to such vehicle has been acquired by the insurance company; or
(10) Motor vehicles, purchased outside the state by bonafide residents of the State of Georgia, after residency has been established, and for which such resident obtains a Georgia certificate of title.'"

1832

JOURNAL OF THE HOUSE,

By striking from lines 13 and 18 of page 13 the following:
"$10.00",
and inserting in lieu thereof the following:
"$18.00".
By striking from line 33 of page 13 the following: "5.00",
and inserting in lieu thereof the following: "10.00".
By striking lines 40 through 45 of page 14 and lines 1 through 16 of page 15 in their entirety and inserting in lieu thereof the following:
"Section 17. Said title is further amended by".
By striking line 22 of page 15 in its entirety and inserting in lieu thereof the following:
"the payment of a $26.00 fee of $210.00 or $200.00 when".
By inserting between lines 24 and 25 of page 15 the following:
"Section 18. Said title is further amended by striking subsection (b) of Code Section 40-5-62, relating to conditions to issuance of a new license, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $210.00 or $200.00 if processed by mail in addition to the fee prescribed by Code Section 40-5-25 to issue a new driver's license to a person whose driver's license has been revoked.'".
By striking line 27 of page 16 in its entirety and inserting in lieu thereof the following:
"fee of $210.00 or $200.00 when processed by mail. A".
By inserting on line 4 of page 18 after the word and symbol "mail." the following:
"|f the person does not apply for early reinstatement of a license suspended as a result of a conviction of a second violation of Code Section 40-6-391, the Department of Public Safety shall charge a fee of $210.00 or $200.00 if processed by mail before reinstatement of such person's license or, in addition to the fee prescribed by law, for issuance of a new license.".
By striking from lines 10 and 11 of page 18 the following:
"$60.00 or $50.00",
and inserting in lieu thereof the following:
"$210.00 or $200.00".
By striking lines 20 through 24 of page 31 in their entirety and inserting in lieu thereof the following:
'"40-5-103. (a) The Except as provided in subsections (b) and (c) of this Code section, the department shall collect a fee of $6.00 $10.00 for the identification card, which

MONDAY, MARCH 2, 1992

1833

fee shall be deposited in the state treasury in the same manner as other motor vehicle driver's license fees.
(b) The department shall collect a fee of $5.00 for the identification card for all persons who are referred by a nonprofit organization which organization has entered into an agreement with the Department of Public Safety whereby such organization verifies that the individual applying for such identification card is indigent. The department shall enter into such agreements and shall adopt rules and regulations to govern such agreements.
(b) (c) The department shall not be authorized to".
By striking lines 6 through 49 of page 32 and pages 33, 34, 35, 36, and 37 in their entirety and inserting in lieu thereof the following:
"(1) For each passenger motor vehicle not operated as a common or contract carrier for hire..................................................................... $ 8:00 20.00
(2) For each motorcycle................................................................................. &09 20.00
(3) (A) For each private truck in accordance with the owner declared gross vehicle weight, as follows:
(i) Less than 14,000 Ibs...................................................................... &60 20.00
(ii) 14,000 to 18,000 Ibs........................................................................ 30:06 25.00
(iii) 18,001 to 26,000 Ibs......................................................................... 3&QO 38.00
(iv) 26,001 to 30,000 Ibs....................................................................... 4&09 50.00
(v) 30,001 to 36,000 Ibs....................................................................... 60^0 75.00
(vi) 36,001 to 44,000 Ibs....................................................................... MftQO 125.00
(vii) 44,001 to 54,999 Ibs........................................................................ tffeOO 200.00
(viii) 55,000 to 63,280 Ibs......................................................................... 3?fefle 345.00
(ix) 63,281 Ibs. to maximum permitted............................................. 376.00 470.00
(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 $75.00;
(ii) A straight truck hauling fertilizer and agricultural products shall not be classified higher than $26.00 $31.00; and
(iii) A truck-tractor hauling fertilizer or milk shall not be classified higher than $176.00 $220.00;
(4) For each farm truck................................................................................. &09 20.00
(5) Except as otherwise specifically provided in this Code section, for each private trailer.............................................................................. &QQ 20.00
(6) (A) For each farm trailer including, but not limited to, horse and cattle trailers, the maximum fee shall be $&T09 $10.00.
(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;

JOURNAL OF THE HOUSE,

(ii) With no springs which are being employed in hauling unprocessed farm products to their market destination; and

(iii) With no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm;

(7) 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..................................................

&09 20.00

(8) For trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire.............. &$0 20.00

(9) 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, $&Q $1.90 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, $2r3e $2.75 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, $2.76 $3.45 for each 100 pounds or fractional part of 100 pounds factory weight; and

(D) Weighing more than 20,000 pounds factory weight, $3.00 $3.75 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700.00 $875.00;

(10) (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 Ibs. ..................................................................... 8^0 20.00

(ii) 14,000 to 18,000 Ibs. ....................................................................... 2&W 25.00

(iii) 18,001 to 26,000 Ibs......................................................................... 30:00 38.00

(iv) 26,001 to 30,000 Ibs. ...................................................................... 8MQ 100.00

(v) 30,001 to 36,000 Ibs................................ ..................................... ..J3&00 150.00

(vi) 36,001 to 44,000 Ibs. ...................................................................... 3Qftee 250.00

(vii) 44,001 to 54,999 Ibs. ....................................................................... 360.00 440.00

(viii) 55,000 to 63,280 Ibs. ........................................................................ 66&QO 690.00

(ix) 63,281 Ibs. to maximum permitted ............................................. 700.00 875.00

(B) Subparagraph (A) of this paragraph notwithstanding, a straight truck which is not a truck-tractor shall not be classified higher than $120.00 $150.00;

(11) For each truck leased to a common or contract carrier without regard to the duration of the lease and in accordance with the

MONDAY, MARCH 2, 1992

1835

owner declared gross vehicle weight, the same license fees as required under paragraph (10) of this Code section;

(12) For each motor driven hearse or ambulance........................................ &Q9 20.00

(13) 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;

(14) For each motor vehicle owned by the state or by a political subdi-

vision or municipality of the state and used exclusively for gov-

ernmental functions.............................................................................

1.00

(15) For each motor vehicle used by carriers and operated under spe-

cial 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

(16) He earth-moving machinery, not including trucks, used primarily off the highway shall not be required to be licensed under this chapter;

(17) (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 38.00

(ii) Othertruck-tractors 176.00 220.00

(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 27. Said chapter is further amended by striking Code Section 48-10-2.1, relating to fees for apportionable vehicles, in its entirety and inserting in lieu thereof 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:

1836

JOURNAL OF THE HOUSE,

(1) 26,001 to 30,000 Ibs............................ .......................................................$ 4ftOG 50.00
(2) 30,001 to 36,000 Ibs.. ............................................................................... ......6&99 75.00
(3) 36,001 to 44,000 Ibs. .................................................................................. 100.00 125.00
(4) 44,001 to 54,999 Ibs. ................................................................................ ..176.00 220.00
(5) 55,000 to 63,280 Ibs. ............................................................................. .....276.00 345.00
(6) 63,281 Ibs. to maximum permitted................................. ........ ...... ..........37&00 470.00
(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 Ibs...................... ...........................................................$ 8&W 100.00
(2) 30,001 to 36,000 Ibs. ..................... ...................................................... ......130^ 150.00
(3) 36,001 to 44,000 Ibs. .................................................................................398^9250.00
(4) 44,001 to 54,999 Ibs. ................................................................................. 869r99 440.00
(5) 55,000 to 63,280 Ibs. .................................................................................660.00 690.00
(6) 63,281 Ibs. to maximum permitted ........................................................ 700.00 875.00
(c) For each apportionable motor bus or van-type vehicle the fee is $3.00 $3.75 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700.00 $875.00.
(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.".
By striking from lines 7 and 14 of page 38 the following:

and inserting in lieu thereof the following: "$5.00".
By striking from lines 4 and 20 of page 39 the following: "$30.00", and inserting in lieu thereof the following: "$31.00". By striking from line 13 of page 40 the following:

and inserting in lieu thereof the following:
u fli 1 AA a>c AA"
By striking lines 19 through 33 of page 40 and lines 1 through 31 of page 41 in their entirety and inserting in lieu thereof the following:
"Section 30. Sections 1, 1.5, 2 through 10, 12 through 15, and 26 through 28 of this Act shall become effective May 2, 1992, and the remaining sections of this Act shall become effective April 1, 1992.".

MONDAY, MARCH 2, 1992

1837

By redesignating Section 32 as Section 31.

The following amendment was read and adopted:

Representative Jackson of the 9th moves to amend the Floor Amendment (AM 16 0125) to HB 1145 as follows:
By deleting on page 10 lines 14 thru 17.
On the adoption of the Porter amendment, as amended, the roll call was ordered and the vote was as follows:

V Ahernathy Y Adams
Aiken N Alford N Ashe N Atkins Y Baker N Balkcom Y Barfoot Y" Bargeron N Barnett.B N Barnett.M Y Bates N Beatty N Benefield Y Birdsong Y Blitch Y' Bordeaux Y Bostick N Branch N Breedlove Y Brooks Y Brown N Brush N Buck Y Buckner N Byrd N Campbell N Canty N Carrell N Carter Y' Cauthorn N Chafin N Chamhless Y Cheeks N Childers

N Clark.E N Clark.L
N Coker N Coleman N Colwell N Connell N Culbreth N Cummings.B Y Cummings,M N Davis.D
Y Davis.G N Davis.M Y Dixon.H
N Dixon.S Y Dobbs N Dover
Y Dunn N Edwards N Elliott N Felton Y Fennel N Floyd.J.M Y Floyd.J.W Y Flynt Y God bee Y Golden N Goodwin E Green Y Greene N Griffin N Groover Y Hamilton Y Hammond N Manner N Harris.B Y Harris.J

N Heard Y Henson Y Herbert Y Holland
N Holmes Y Howard N Hudson Y Irwin N Jackson Y Jamieson N Jenkins N Jones N Kilgore N King N Kingston N Klein NLadd N Lane.D
Y Lane,R E Langford
N Lawrence N Lawson
NLee N Long YLord N Lucas N Mann Y Martin Y McBee N McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows N Merritt Y Milam

Y Mills
N Mobley N Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M N Orr Y Orrock Y Padgett N Parham N Parrish Y Patten Y Pelote N Perry
Pettit N Pinholster
Pinkston N Poag Y Porter Y Poston N Powell.A Y Powell.C N Presley E Purcell Y Randall
N Ray N Reaves
Redding N Ricketson
Y Royal Selman
Y Sherrill
Y Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P N Smith.T N Smith.W Y Smyre N Snow Y Stancil.F N Stancil.S
Y Stanley Y Streat Y Taylor Y Teper N Thomas.C
Thomas,M Y Thomas.N Y Thurmond N Titus N Tolbert Y Townsend
Y Turnquest Y Twiggs Y Valenti
N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts Y White N Wilder N Williams.B
Williams,.) N Williams.R Y Yeargin
Murphy,Spkr

On the adoption of the amendment, as amended, the ayes were 75, nays 92. The amendment was lost.

Representative Parham of the 105th moved that the House reconsider its action in failing to adopt the Porter amendment, as amended.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y- Adams
Aiken Y Alford N Ashe N Atkins Y Baker Y Balkcom Y Barfoot Y' Bargeron Y Barnett.B

N Barnett.M Y Bates N Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks

Y Brown Y Brush Y Buck
Y Buckner YByrd N Campbell Y Canty Y Carrell N Carter Y Cauthorn N Chafin

Y Chambless Y Cheeks Y Childers . N Clark.E Y Clark,L N Coker
Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B

N Cummings.M
N Davis.D Y Davis.G N Davis.M
Y Dixon.H N Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Elliott

1838
N Felton Y Fennel Y Flovd.J.M Y Flovd.J.W Y Flvnt Y Godhee Y Golden N Goodwin K Green 'I Greene N Griffin Y Groover Y Hamilton Y Harnmonci Y Manner Y Harris.B Y Harris,.] N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson N Irwin

JOURNAL OF THE HOUSE,

N Jackson Y Jamieson Y Jenkins N Jones Y Kilgore Y King
N Kingston N Klein NLadd Y Lane.D Y Lane.R E Langford
N Lawrence N Lawson Y Lee Y Long Y Lord Y Lucas N Mann Y Martin Y McBee N McCoy N McKelvey
McKinney.B Y McKinney.C

N Meadows Y Merritt Y Milam Y Mills N Mobley N Moody N Morsberger Y Moultrie
N Mueller Y Oliver.C Y Oliver.M NOrr Y Orrock N Padgett Y Parham
Y Parrish
N Patten
Y Pelote
Y Perry
Pettit
N Pinholster
Y Pinkston N Poag Y Porter
N Poston

Y Powell.A
Y Powell.C N Presley
E Purcell
Y Randall NRay
Y Reaves
Y Redding
Y Ricketson Y Royal N Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith, L Y Smith.P N Smith.T N Smith.W Y Smyre
Y Snow
Y Stancil.F N Stancil.S Y Stanley Y Streat

Y Taylor Y Teper Y Thomas, C Y Thomas.M N Thomas.N Y Thurmond N Titus N Tolbert N Townsend Y Turnquest
N Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White N Wilder Y Williams, B
Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the motion, the ayes were 116, nays 56. The motion prevailed.

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

Y Abernathy Y Adams
Aiken Y Alford N Ashe N Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B N Barnett.M Y Bates N Beattv Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick N Branch N Breed love Y Brooks Y Brown N Brush Y Buck Y Buckner Y Bvrd N Campbell Y Canty Y Carrell N Carter Y Cauthorn N Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L N Coker
Y Coleman
Y Colwell Y Connell N Culbreth
Y Cummings,B
Y Cummings,M N Davis.D Y Davis.G N Davis.M Y Dison.H N Dixon.S
Y Dobbs Y Dover
Y Dunn
Y Edwards
N Elliott N Felton Y Fennel Y Flovd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden N Goodwin E Green Y Greene
N Griffin Y Groover Y Hamilton
Y Hammond Y Hanner
Y Harris.B
Y Harris.J

' N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
N Jackson Y Jamieson Y Jenkins N Jones Y Kilgore Y King N Kingston N Klein N Ladd Y Lane.D Y Lane.R E Langford N Lawrence N Lawson Y Lee Y Long Y Lord Y Lucas N Mann Y Martin Y McBee Y McCov Y McKelvey
McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam

Y Mills N Mobley N Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M N Orr Y Orrock Y Padgett Y Parham Y Parrish N Patten Y Pelote Y Perry
Pettit N Pinholster Y Pinkston N Poag Y Porter N Poston Y Powell.A Y Powell.C N Preslev E Purceli Y Randall NRay Y Reaves Y Redding Y Ricketson Y Roval Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith, L Y Smith.P N Smith.T N Smith.W Y Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White N Wilder Y Williams.B
Williams.J Y Williams.R
Y Yeargin Murphy, Spkr

On the adoption of the amendment, as amended, the ayes were 122, nays 49. The amendment, as amended, was adopted.

MONDAY, MARCH 2, 1992

1839

The Commmittee 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 Abernathy Y Adams
Aiken Y Alford N Ashe N Atkins Y Baker Y Balkcom Y Barfuot Y Bargeron Y Barnett.B N Barnett,M
Y Bates N Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Brush Y Buck
Y Buckner Y Byrd N Campbell N Canty Y Carrell N Carter Y Cauthorn N Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L N Coker Y Coleman Y Colwell Y Connell N Culbreth Y Cummings.B Y Cummings.M N Davis.D
Y Davis.G N Davis.M Y Dixon.H N Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Elliott N Felton Y Fennel
Y Floyd,J.M Y FloydJ.W
Y Flynt Y Godbee Y Golden N Goodwin
E Green Y Greene N Griffin Y Groover
Y Hamilton Y Hammond Y Hanner Y Harris.B Y HarrisJ

N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin N Jackson Y Jamieson N Jenkins N Jones Y Kilgore Y King N Kingston N Klein N Ladd Y Lane.D N Lane.R E Langford N Lawrence N Lawson
YLee Y Long YLord Y Lucas N Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B
Y McKinney.C N Meadows Y Merritt Y Milam

Y Mills
N Mobley N Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M NOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit N Pinholster Y Pinkston
N Poag Y Porter Y Poston Y Powell.A Y Powell.C N Presley E Purcell Y Randall
NRay Y Reaves
Redding Y Ricketson Y Royal N Selman Y Sherrill
Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P N Smith/T N Smith.W Y Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper N Thomas.C Y Thomas,M Y Thomas.N Y Thurmond N Titus N Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L N Wall Y Watson N Watts Y White N Wilder N Williams.B
Williams.J N Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 116, nays 55.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Redding of the 50th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

By unanimous consent, HB 1145 was ordered immediately transmitted to the Senate.

Representative Lucas of the 102nd District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1640 Do Pass, by Substitute HB 1542 Do Pass, by Substitute

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JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Lucas of the 102nd
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1116 Do Pass, by Substitute HB 1776 Do Pass, by Substitute HR 816 Do Pass, by Substitute
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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 567 Do Pass, as Amended
Respectfully submitted, /s/ Hanner of the 131st
Chairman

Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1763 Do Pass HB 1829 Do Pass, as Amended HB 1813 Do Pass, as Amended
Respectfully submitted, /s/ Twiggs of the 4th
Chairman

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

Mr. Speaker:

MONDAY, MARCH 2, 1992

1841

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 1796 Do Pass, by Substitute SB 166 Do Pass SB 337 Do Pass, by Substitute
Respectfully submitted, /a/ 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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 881 Do Pass HR 894 Do Pass HR 979 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

Mr. Speaker:

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

HB 1114 Do Pass, by Substitute HB 1117 Do Pass HB 1118 Do Pass, by Substitute

HB 1817 Do Pass SB 553 Do Pass

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

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

1842

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, March 3, 1992

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The call of the roll was dispensed with.
Prayer was offered by the Honorable Imam W. Deem Mohammed.
The members pledged allegiance to the flag.
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 1972. By Representatives Alford of the 57th, Irwin of the 57th, Teper of the 46th, Henson of the 57th, Oliver of the 53rd and others: A bill to amend an Act incorporating the City of Avondale Estates, so as to provide for the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1973. By Representative Streat of the 139th: A bill to amend an Act creating the charter for the City of Douglas, so as to continue the two-year term of office for city commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 3, 1992

1843

HB 1974. By Representatives Clark of the 13th, Powell of the 13th, Jackson of the 9th, Coleman of the 118th, Yeargin of the 14th and others:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to equipment on school buses in general, so as to provide for strobe lights on school buses.
Referred to the Committee on Motor Vehicles.

HB 1975. By Representatives Hamilton of the 124th, Porter of the 119th and White of the 132nd:
A bill to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between the ages of seven and 16, so as to extend to age 18 the compulsory school attendance requirement.
Referred to the Committee on Education.

HB 1976. By Representatives Greene of the 130th and Edwards of the 112th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that no county or municipality within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain property belonging to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located.
Referred to the Committee on State Planning & Community Affairs.

HB 1977. By Representatives Pelote of the 127th, Merritt of the 123rd, Bordeaux of the 122nd, Porter of the 119th, Hamilton of the 124th 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 provide for counseling, counsel and advice, and the procedures and expenses related thereto for children and their parents or guardians.
Referred to the Committee on Special Judiciary.

HB 1980. By Representatives Fennel of the 155th and Smith of the 156th:
A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned," so as to provide for the election and terms of the members of the Board of Education of Glynn County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1981. By Representative Hamilton of the 124th:
A bill to amend Article 9 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, the "Family Preservation and Child Protection Reform Act," so as to authorize additional pilot projects.
Referred to the Committee on Human Relations & Aging.

1844

JOURNAL OF THE HOUSE,

HB 1982. By Representative Skipper of the 116th:
A bill to create a public body corporate and politic, and an instrumentality of the County of Sumter, to be known as the Sumter County Industrial Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1983. By Representatives Powell of the 13th and Clark of the 13th:
A bill to provide for homestead exemptions from Hart County ad valorem taxes for county purposes and from Hart County School District ad valorem taxes for educational purposes for certain residents of that county and school district.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1984. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act creating a board of commissioners for Cherokee County, so as to change the composition of the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1985. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend the "Lumpkin County Water and Sewerage Authority Act," so as to change the composition of that authority and provide for terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1986. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating the Newton County Water and Sewerage Authority, so as to raise the limit on the issuance of negotiable revenue bonds.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 997. By Representative Lane of the 27th:
A resolution to amend the resolution approved April 12, 1991, which proposed an amendment to the Constitution which would require that when local Acts of the General Assembly repeal constitutional amendments applicable to particular political subdivisions, each such local Act shall be conditioned for its effectiveness on approval by a majority of the qualified voters voting on such question in the particular political subdivision or subdivisions affected by the amendment, so as to clarify the meaning of said resolution.
Referred to the Committee on State Planning & Community Affairs.

HR 998. By Representatives Royal of the 144th, Reaves of the 147th, Patten of the 149th, Long of the 142nd, Lane of the lllth and others:
A resolution urging the United States Congress to support and enact S. 50, relating to private property rights.
Referred to the Committee on Agriculture & Consumer Affairs.

TUESDAY, MARCH 3, 1992

1845

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

HB 1950 HB 1956 HB 1957 HB 1958 HB 1959 HB 1960 HB 1961 HB 1962 HB 1963 HB 1964 HB 1965 HB 1966 HB 1968 HB 1969 HB 1970 HB 1971 HB 1978 HB 1979

HR 984 HR 990 HR 991 SB 637 SB 665 SB 675 SB 676 SB 680 SB 681 SB 688 SB 701 SB 703 SB 720 SR 475 SR 486 SR 490 SB 722 SB 723

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 993 Do Pass
Respectfully submitted, 1st 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 1319 Do Pass, by Substitute HB 1732 Do Pass HB 1887 Do Pass HB 1888 Do Pass HB 1919 Do Pass HB 1920 Do Pass HB 1921 Do Pass HB 1924 Do Pass

HB 1928 Do Pass HB 1934 Do Pass HB 1935 Do Pass HB 1936 Do Pass HB 1944 Do Pass SB 706 Do Pass, by Substitute SB 707 Do Pass, by Substitute

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

1846

JOURNAL OF THE HOUSE,

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

HOUSE RULES CALENDAR TUESDAY, MARCH 3, 1992

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below:

HB 1478 HB 1489 HB 1528 HB 1532 HB 1542 HB 1556 HB 1574 HB 1580 HB 1593 HB 1680 HB 1694

Flashing blue light; other than police use; prohibit Local school superintendents; qualifications Child custody; agreement between parents; final judgment Insurers; International Finance Corporation investments Childhood Early Intervention and Svs for the Elderly Fund; create Advertising for sale; availability disclaimer; type size Physical therapists, revisions; State Board, continuation Practice of podiatry; definition Firemen's Pension Fund; repeal certain exemptions Regional development centers; employees; restrictions Rural telephone coop; powers within cities; pop class

HR 840 Indigent Care Trust Fund; General Assembly provide by law - CA HR 894 Joint Study Committee on Local Government Services; create HR 926 Albert D. Clifton Memorial Highway; designate HR 933 Veterans Memorial Parkway; designate

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /&/ 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 1319.

By Representative Barnett of the 10th:
A bill to change the composition of the districts from which members of the board of education of Forsyth County are elected.

The following Committee substitute was read and adopted:

A BILL
To provide for the Board of Education of Forsyth County and to consolidate and restate provisions of law relating to the board; to provide for the election of the members of the board; to provide for a chairman and vice-chairman; to provide for districts; to provide for qualifications, terms of office, duties, and compensation of members of the board; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and stand repealed; to repeal specified Acts; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) The Board of Education of Forsyth County shall be composed of five members who shall be elected as provided in this Act. At the first meeting of the board in each year, the members shall elect from their number a chairman and a vice-chairman

TUESDAY, MARCH 3, 1992

1847

to serve for that year. The members of the Board of Education of Forsyth County in office on the effective date of this Act shall continue to serve for the remainder of the terms for which they were elected.
(b) For the purpose of electing the members of said board of education, Forsyth County shall be divided into five education districts:
Education District: _!
FORSYTH COUNTY VTD: 0007 CUMMINGS VTD: 0010 MIDWAY (Part) Tract: 1304. Block(s): 229, 233, 234, 308, 309
Education District: 2
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0010 MIDWAY (Part) Tract: 1303. Block(s): 217, 218, 219, 220, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250
Education District: 3
FORSYTH COUNTY VTD: 0005 COAL MOUNTAIN (Part) Tract: 1302. Block(s): 234, 264, 265, 268 Tract: 1304. Block(s): 106, 107, 108, 113, 115 VTD: 0009 MATT (Part) Tract: 1302. Block(s): 220, 222, 223 VTD: 0010 MIDWAY (Part) Tract: 1303. Block(s): 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 237 Tract: 1304. Block(s): 235, 236, 307, 326, 327 VTD: 0011 SAWNES
Education District: 4
FORSYTH COUNTY VTD: 0004 CHESTATEE (Part) Tract: 1301. Block(s): 132, 134, 136, 137, 139, 145, 146, 149, 150, 151, 152, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 175, 196, 197, 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323 Tract: 1305. Block(s): 101, 102, 103, 105, 106, 107, 114, 115, 116 VTD: 0005 COAL MOUNTAIN (Part) Tract: 1301. Block(s): 128, 189, 190 Tract: 1302. Block(s): 207, 208, 209, 210, 235, 236, 237, 238, 239, 240, 241, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 266, 267, 269, 270, 271, 272, 273, 274, 275, 276

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JOURNAL OF THE HOUSE,

Tract: 1304. Block(s): 109, 110, 111, 134A, 134B, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 1400, 140D, 141A, 141B
VTD: 0006 CROSSROADS VTD: 0009 MATT (Part)
Tract: 1302. Block(s): 110, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 156, 157, 158, 159, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 228, 229, 230, 231, 232, 233
Education District: 5
FORSYTH COUNTY VTD: 0003 CHATTAHOOCHE VTD: 0004 CHESTATEE (Part) Tract: 1301. Block(s): 135, 140, 141, 142, 143, 144, 147, 148, 173, 174, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 309, 310, 311 Tract: 1305. Block(s): 104, 108, 109, 110, 111, 112, 113, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157 VTD: 0008 MASHBURN
For purposes of this section: (1) The terms "Tract," "Block," and "VTD" shall mean and describe the same
geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term "Precinct" is synonymous with the term "voting precinct" and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(5) Any part of Forsyth County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of Forsyth County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) One member shall be elected to the Board of Education of Forsyth County from each education district by the voters of the education district which such member represents. In order to be eligible to hold office as a member of said board, a person must possess the qualifications set forth in Code Section 20-2-52 of the O.C.G.A. and be a resident

TUESDAY, MARCH 3, 1992

1849

of Forsyth County and the education district from which offering as a candidate for at least one year immediately preceding the election. All elections under this Act shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
Section 2. (a) The first members elected from Education Distrists 3, 4, and 5 shall be elected from the education districts set forth in Section 1 of this Act in 1992 and shall take office on the first day of January following their election for terms of four years and until their successors are elected and qualified.
(b) The first members elected from Education Distrists 1 and 2 shall be elected from the education districts set forth in Section 1 of this Act in 1994 and shall take office on the first day of January following their election for terms of four years and until their successors are elected and qualified.
(c) Thereafter, successors to all members shall be elected at the general election immediately preceding the expiration of the term of office for such district and shall take office on the first day of January following their election for terms of four years and until their successors are elected and qualified.
Section 3. (a) The chairman of the Board of Education of Forsyth County shall receive as compensation the sum of $150.00 per month, payable only from tax funds available to the county board of education for educational purposes.
(b) Members of the board of education other than the chairman shall receive as compensation the sum of $100.00 per month, payable only from tax funds available to the county board of education for educational purposes.
Section 4. (a) In addition to amounts received as compensation, the chairman and each member of the Board of Education of Forsyth County shall receive a per diem expense allowance of $59.00, up to a maximum of four days per month.
(b) While traveling inside or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, the chairman or the members shall receive reimbursement for actual expenses necessarily incurred in connection therewith.
(c) Any amounts paid under this section shall be paid only from tax funds available to the county board of education for educational purposes.
Section 5. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Forsyth County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then candidates shall qualify from the existing education districts for the 1992 elections. If implementation of this Act is approved by the United States Attorney General subsequent to the time for qualification of candidates for the general primary in 1992, it shall become effective for the election of successors to those members representing Education Districts 1 and 2, whose terms expire December 31, 1994, as provided in Section 1 of this Act. Those members elected from Education Districts 3, 4, and 5 at the general election in 1992 shall continue to serve until the expiration of their terms in 1996 and until their successors are elected and qualified. Successors to such members shall be elected from the education districts set forth in Section 1 of this Act at the general election in November, 1996. If implementation of this Act is disapproved, it shall be void and stand repealed in its entirety on the date of such disapproval.
Section 6. The following are repealed in their entirety: (1) An amendment to the Constitution providing for the election of members of
the Board of Education of Forsyth County proposed by Resolution Act No. 159 (House Resolution No. 478-1190) of the 1964 General Assembly (Ga. L. 1964, p. 975), which was duly ratified at the 1964 general election and an Act to continue said amendment in force and effect as a part of the Constitution of the State of Georgia, approved March 18, 1985 (Ga. L. 1985, p. 3704);

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JOURNAL OF THE HOUSE,

(2) An Act changing the composition of the districts from which members of the Board of Education of Forsyth County are elected, approved March 29, 1983 (Ga. L. 1983, p. 4481); and
(3) An Act providing for the compensation of the chairman and members of the Board of Education of Forsyth County, approved March 27, 1985 (Ga. L. 1985, p. 4411), as amended by an Act approved April 4, 1991 (Ga. L. 1991, p. 4191).
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1732. By Representatives Campbell of the 23rd, McKinney of the 40th and Abernathy of the 39th:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city, so as to provide that the mayor and city council may promulgate bylaws, rules, and regulations governing the affairs of boards, commissions, and agencies 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1887.

By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide new commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1888.

By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th:
A bill to amend an Act creating a board of education of Madison County, so as to provide new education districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 3, 1992

1851

HB 1919.

By Representative Selman of the 32nd:
A bill to amend an Act providing a new charter for the City of Palmetto, so as to revise and change the manner in which and the purpose for which special elections are called.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1920.

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 composition of the commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1921.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act providing for election districts for election to the board of education of Douglas County, so as to change the composition of the education districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1924.

By Representative Carter of the 146th:
A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1928.

By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend an Act creating the Rome-Floyd County Commission on Children and Youth, so as to provide for changes in the membership of such commission.

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

HB 1934. By Representative Lane of the 27th:
A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1935. By Representative Lane of the 27th:
A bill to amend an Act to create and establish the East Point Building Authority, so as to change the composition and appointment of membership on the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1936. By Representative Lane of the 27th:
A bill to amend an Act to create the East Point Business and Industrial Development Authority, so as to change the composition and appointment of membership on the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1944.

By Representatives Lord of the 107th and Parrish of the 109th:
A bill to fix the compensation of the members of the Board of Education of Johnson 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 3, 1992

1853

SB 706. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, as amended, so as to change the composition of the commissioner districts from which the chairman and members of the board are elected; to provide for definitions and inclusions; to provide for other related matters; to provide for submission of this Act to the United States Attorney General.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved August 12, 1921 (Ga. L. 1921, p. 555), so as to change the composition of the commissioner districts from which the chairman and members of the board are elected; to provide for definitions and inclusions; to provide for other related matters; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved August 12, 1921 (Ga. L. 1921, p. 555), is amended in said 1921 amendatory Act by striking Sections 2 and 3 in their entirety and substituting in lieu thereof new Sections 2 and 3 to read as follows:
"Section 2. The governing authority of Putnam County shall be a board of commissioners consisting of a chairman and four additional members who shall be elected as hereinafter provided in this Act.
Section 3. (a) The chairman of the board of commissioners may reside anywhere within Putnam County and shall be elected by a majority of the qualified electors of Putnam County voting at the elections hereinafter provided for in this Act. Any person offering as a candidate for chairman shall have been a resident of Putnam County for two years immediately preceding the date of election and shall remain a resident of said county during the term of office. The chairman and all other members shall be at least 21 years of age as of the date of taking office. For the purpose of electing the other four members of the board, Putnam County shall be divided into four commissioner districts as follows:
COMMISSIONER DISTRICT 1: Starting at the corner of U. S. Highway 441 (designated as Jefferson Avenue in the City of Eatonton) and West Harris Street; then West along the centerline of West Harris Street until it intersects North Washington Street; then North along the centerline of North Washington Street until it intersects Wayne Street; then West along centerline of Wayne Street until it intersects North LaFayette Street; then South along centerline of North LaFayette Street until it intersects West Harris Street; then West along centerline of West Harris Street and then South along centerline of West Harris Street until it intersects Georgia Highway 16 (also known in the City of Eatonton as Marion Street); then West along the centerline of Ga. Highway 16 until it is intersected by Oak Way (also known as the Godfrey Road); then North along the center line of Oak Way until it intersects Martin Mill Road; then southwesterly along the center line of Martin Mill Road until it intersects Glady Creek; then South along the center bed of Glady Creek until it intersect Ga. Highway 16; then West along the centerline of Ga. Highway 16 until it intersects the Putnam County line; then South along the Putnam County line until it intersects the southern border of Putnam County; then East along the Southern border of the Putnam County line until it intersects U. S. Highway 129 (also known as the Gray Road); then North along the centerline of U. S. Highway 129 until it intersects U. S. Highway 441; then in a southeasterly direction along the centerline of U. S. Highway 441 until

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it intersects Park Road; then West along the centerline of Park Road until it intersects the Golston Road; then in a northwesterly direction along the centerline of the Golston Road (known in the City of Eatonton as Martin Luther King, Jr. Drive) until it reaches the corner of Martin Luther King Jr. Drive and Pond Street; then West along the centerline of Pond Street until it intersects S. Jefferson Street; and then North along the center line of S. Jefferson until the point of beginning.
COMMISSIONER DISTRICT 2: Beginning at the corner of W. Harris Street and U. S. Highway 441; then West along the centerline of W. Harris Street until it intersects N. Madison Avenue; then North along the center line of N. Madison Avenue until it intersects W. Magnolia Street; then East along the centerline of West Magnolia St. until it crosses U. S. Highway 441 and then continuing along the centerline of East Magnolia Street until said street comes to an end; then Northeast along the eastern boundary of subdivision lot 29 in the Woodland Heights Subdivision until it ends; then in a northwesterly direction along the northern boundary line of subdivision lots 29 and 28 in the Woodland Heights Subdivision until they end; then in a northeasterly direction along the eastern boundary lines of subdivision lots 30, 31, 32, 33, 34, 35, and 36 in the Woodland Heights Subdivision until it intersects a wire fence; then in a northeasterly direction along said wire fence which crosses Tax Parcel No. 1 as shown on Putnam County Tax map No. 50 until it intersects the Eatonton City limits as they existed on January 1, 1990; then in a northwesterly direction along the centerline of the Eatonton City limits as they existed on January 1, 1990 until they intersect the Central of Georgia railroad tracks; then in a northwesterly direction along the centerline of the Central of Georgia Railway tracks until they intersect New Street; then in a northeasterly direction along the centerline of New St. until it intersects the boundary of the Eatonton Putnam North Industrial Park; then along the boundary of the Eatonton Putnam North Industrial Park until it finally intersects Eatonton North Subdivision; then east along the centerline of Sherwood Avenue until it intersects U. S. Highway 441; then North along the centerline of U. S. Highway 441 until it is intersected by Harmony Road; then in a North Easterly direction along the centerline of Harmony Road until it is intersected by Little's Road; then northwesterly along the centerline of Little Road until it is intersected by the Marshall Road; then in a Northeasterly direction along the center line of Marshall Road until it intersects North Sugar Creek road; then in a easterly direction along the centerline of the North Sugar Creek Road until it intersects Parks Mill Road; then south along the centerline of Parks Mill Road until it intersects Harmony Road; then Southwesterly along the centerline of Harmony Road until it intersects Alexander Road; then in a southeasterly direction along the centerline of Alexander Road until it intersects Georgia Highway 44; then in a southwesterly direction along the centerline of Georgia Highway 44 until it is intersected by the New Phoenix Road; then in a southeasterly direction along the centerline of the New Phoenix Road until it intersects Ga. Highway 16; then east along the centerline of Ga. Highway 16 until it is intersected by the Texas Chapel Road; then southeast along the centerline of the Texas Chapel Road until it intersects Texas Chapel Drive; then in a southwesterly direction along the centerline of the Texas Chapel Drive until it intersects Oconee Springs Road; then in a westerly direction along the centerline of Oconee Springs Road until it intersects Pea Ridge Road; then south along the centerline of Pea Ridge Road until it intersects the Golston Road; then in a Northwesterly direction along the centerline of the Golston Road until it reaches the boundary of Voting District 1, as described herein; then along the boundary of Voting District One, as described above, until the point of beginning.
COMMISSIONER DISTRICT 3: Beginning at the point where Georgia Highway 16 intersects the western boundary of Putnam County; then east along the boundary of Voting District 1, as described herein, until it reaches the intersection of W. Harris Street and N. Madison Avenue; then North along the centerline of N. Madison Avenue until it intersects the boundary of Voting District 2, as described herein, until it
finally reaches the intersection of Pea Ridge Road and Crooked Creek Road; then in
a easterly direction along the centerline of Crooked Creek Road until it intersects
Crooked Creek; then south along the center bed of Crooked Creek until it intersects

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Lake Sinclair; and then along the boundary of Putnam County in a northerly direction, a westerly direction and then southerly direction until the point of beginning.
COMMISSIONER DISTRICT 4: All of the remaining area of Putnam County not described in Voting Districts 1, 2 and 3 herein. (b) Any part of Putnam County which is described in subsection (a) of this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) A candidate for commissioner other than the chairman, hereinafter referred to as district commissioner, shall have been a resident of the commissioner district for which the candidate is offering for at least one year and of Putnam County for at least two years prior to the election. A district commissioner shall remain a resident of the respective commissioner district during the term for which elected. Each district commissioner shall be elected by a majority of the qualified electors voting within each respective commissioner district. A candidate for district commissioner shall specify the commissioner district for which the candidate is offering. The chairman and all other members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the 'Georgia Election Code.' (d) The members of the board serving in office on the effective date of this Act shall continue to serve in office until the expiration of the terms for which they were elected, which terms shall expire December 31, 1992, and until their successors are elected and qualified as provided in this Act. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Putnam County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 707. By Senator Kidd of the 25th:
A bill to amend an Act changing the method of electing members for the Board of Education of Putnam County, as amended, so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General.

The following Committee substitute was read and adopted:

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A BILL
To amend an Act changing the method of electing members for the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General; to provide when such Act shall be void and repealed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act changing the method of electing members for the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, is amended by striking Sections 1 and 2 of said Act and inserting in lieu thereof new Sections 1 and 2 to read as follows:
"Section 1. The Board of Education of Putnam County shall be composed of a chairman and four members. The chairman shall be elected from the Putnam County School District at large. The four members of the board shall be elected from the education districts provided in Section 2 of this Act.
Section 2. (a) Those members of the Board of Education serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified.
(b) For the purpose of electing a Board of Education of Putnam County, the Putnam County School District shall be divided into four education districts as follows:
EDUCATION DISTRICT 1: Starting at the corner of U. S. Highway 441 (designated as Jefferson Avenue in the City of Eatonton) and West Harris Street; then West along the centerline of West Harris Street until it intersects North Washington Street; then North along the centerline of North Washington Street until it intersects Wayne Street; then West along centerline of Wayne Street until it intersects North LaFayette Street; then South along centerline of North LaFayette Street until it intersects West Harris Street; then West along centerline of West Harris Street and then South along centerline of West Harris Street until it intersects Georgia Highway 16 (also known in the City of Eatonton as Marion Street); then West along the centerline of Ga. Highway 16 until it is intersected by Oak Way (also known as the Godfrey Road); then North along the center line of Oak Way until it intersects Martin Mill Road; then southwesterly along the center line of Martin Mill Road until it intersects Glady Creek; then South along the center bed of Glady Creek until it intersect Ga. Highway 16; then West along the centerline of Ga. Highway 16 until it intersects the Putnam County line; then South along the Putnam County line until it intersects the southern border of Putnam County; then East along the Southern border of the Putnam County line until it intersects U. S. Highway 129 (also known as the Gray Road); then North along the centerline of U. S. Highway 129 until it intersects U. S. Highway 441; then in a southeasterly direction along the centerline of U. S. Highway 441 until it intersects Park Road; then West along the centerline of Park Road until it intersects the Golston Road; then in a northwesterly direction along the centerline of the Golston Road (known in the City of Eatonton as Martin Luther King, Jr. Drive) until it reaches the corner of Martin Luther King Jr. Drive and Pond Street; then West along the centerline of Pond Street until it intersects S. Jefferson Street; and then North along the center line of S. Jefferson until the point of beginning.
EDUCATION DISTRICT 2: Beginning at the corner of W. Harris Street and U. S. Highway 441; then West along the centerline of W. Harris Street until it intersects N. Madison Avenue; then North along the center line of N. Madison Avenue until it intersects W. Magnolia Street; then East along the centerline of West Magnolia St. until it crosses U. S. Highway 441 and then continuing along the centerline of East Magnolia Street until said street comes to an end; then Northeast along the eastern boundary of subdivision lot 29 in the Woodland Heights Subdivision until it ends; then in a northwesterly direction along the northern boundary line of subdivision lots

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29 and 28 in the Woodland Heights Subdivision until they end; then in a northeasterly direction along the eastern boundary lines of subdivision lots 30, 31, 32, 33, 34, 35, and 36 in the Woodland Heights Subdivision until it intersects a wire fence; then in a northeasterly direction along said wire fence which crosses Tax Parcel No. 1 as shown on Putnam County Tax map No. 50 until it intersects the Eatonton City limits as they existed on January 1, 1990; then in a northwesterly direction along the centerline of the Eatonton City limits as they existed on January 1, 1990 until they intersect the Central of Georgia railroad tracks; then in a northwesterly direction along the centerline of the Central of Georgia Railway tracks until they intersect New Street; then in a northeasterly direction along the centerline of New St. until it intersects the boundary of the Eatonton Putnam North Industrial Park; then along the boundary of the Eatonton Putnam North Industrial Park until it finally intersects Eatonton North Subdivision; then east along the centerline of Sherwood Avenue until it intersects U. S. Highway 441; then North along the centerline of U. S. Highway 441 until it is intersected by Harmony Road; then in a North Easterly direction along the centerline of Harmony Road until it is intersected by Little's Road; then northwesterly along the centerline of Little Road until it is intersected by the Marshall Road; then in a Northeasterly direction along the center line of Marshall Road until it intersects North Sugar Creek road; then in a easterly direction along the centerline of the North Sugar Creek Road until it intersects Parks Mill Road; then south along the centerline of Parks Mill Road until it intersects Harmony Road; then Southwesterly along the centerline of Harmony Road until it intersects Alexander Road; then in a southeasterly direction along the centerline of Alexander Road until it intersects Georgia Highway 44; then in a southwesterly direction along the centerline of Georgia Highway 44 until it is intersected by the New Phoenix Road; then in a southeasterly direction along the centerline of the New Phoenix Road until it intersects Ga. Highway 16; then east along the centerline of Ga. Highway 16 until it is intersected by the Texas Chapel Road; then southeast along the centerline of the Texas Chapel Road until it intersects Texas Chapel Drive; then in a southwesterly direction along the centerline of the Texas Chapel Drive until it intersects Oconee Springs Road; then in a westerly direction along the centerline of Oconee Springs Road until it intersects Pea Ridge Road; then south along the centerline of Pea Ridge Road until it intersects the Golston Road; then in a Northwesterly direction along the centerline of the Golston Road until it reaches the boundary of Voting District 1, as described herein; then along the boundary of Voting District One, as described above, until the point of beginning.
EDUCATION DISTRICT 3: Beginning at the point where Georgia Highway 16 intersects the western boundary of Putnam County; then east along the boundary of Voting District 1, as described herein, until it reaches the intersection of W. Harris Street and N. Madison Avenue; then North along the centerline of N. Madison Avenue until it intersects the boundary of Voting District 2, as described herein, until it finally reaches the intersection of Pea Ridge Road and Crooked Creek Road; then in a easterly direction along the centerline of Crooked Creek Road until it intersects Crooked Creek; then south along the center bed of Crooked Creek until it intersects Lake Sinclair; and then along the boundary of Putnam County in a northerly direction, a westerly direction and then southerly direction until the point of beginning.
EDUCATION DISTRICT 4: All of the remaining area of Putnam County not described in Education Districts 1, 2 and 3 herein.
(b) Any part of Putnam County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
(c) Each district member of the board of education shall be a resident of the respective education district during the member's term of office, and a candidate for district membership on said board shall have been a resident of the Putnam County School Dis-
trict for at least two years and of the education district for which the candidate offers

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for election at least one year prior to the date of election. Each person offering for election as a district member of said board shall specify the education district for which the person is offering. Each district member of the board shall be elected by a majority vote of the qualified voters voting within each respective education district. The chairman of the board shall have been a resident of the Putnam County School District at least two years prior to the date of election. The chairman may reside anywhere within the Putnam County School District and shall be elected by a majority of the qualified voters voting at large within the Putnam County School District. The chairman shall be a fullvoting member of the board. All members of said board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the 'Georgia Election Code.'
(d) (1) The terms of office of the chairman and those members elected from Education Districts 3 and 4 shall expire December 31, 1992. Their successors shall be elected at the general election in November, 1992, from the education districts set forth in this Act and quadrennially thereafter for terms of four years and shall take office on the first day of January immediately following their election.
(2) The terms of office of those members elected from Education Districts 1 and 2 shall expire December 31, 1994. Their successors shall be elected at the general election in November, 1994, and quadrennially thereafter from the education districts set forth in this Act for terms of four years and shall take office on the first day of January immediately following their election.
(3) All members shall serve until their successors are elected and qualified."
Section 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Putnam County are to be elected in the November, 1992, general election and in subsequent general elections and results from changes in population based on the United States decennial census of 1990. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law.
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Putnam County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
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 115, 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 substitute, by the requisite constitutional majority the following Resolution of the House:

TUESDAY, MARCH 3, 1992

1859

HR 647. By Representatives Buck of the 95th, Colwell of the 4th, Hammond of the 20th, Coker of the 21st and Mills of the 20th:
A resolution authorizing and directing the conveyance of certain state owned property located in Cobb County, Georgia, to the Board of Regents of the University System of Georgia.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 246. By Senators Newbill of the 56th, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of superior courts, so as to provide that sheriffs shall be exempt from paying the clerks' recording fees for criminal bonds and writs of fieri facias issued on criminal bond forfeitures.
SB 319. By Senator Albert of the 23rd:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide that the state revenue commissioner may authorize the distribution or sale of distilled spirits, malt beverages, and wine by food caterers in connection with the food catering business only; to define certain terms; to provide for the issuance of alcoholic beverage licenses to food caterers who are eligible therefor.

SB 503. By Senators Foster of the 50th, Kidd of the 25th, Ray of the 19th and others:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correctional institutions, so as to provide that any correctional institution which houses 500 or more inmates shall employ a full-time chaplain; to provide for qualifications.
SB 554. By Senator Dean of the 31st:
A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Annotated, relating to assumption of duties by chief clerk upon vacancy in office of probate court, so as to provide that the chief clerk shall assume the same compensation as the probate judge less any longevity raises received by such judge.
SB 572. By Senator Ramsey of the 54th:
A bill to amend Code Section 17-4-20.1 of the Official Code of Georgia Annotated, relating to police investigation of incidents of family violence, so as to add to the factors for consideration in determining the primary physical aggressor the fear inflicted on another person; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to relief from family violence to be granted by superior courts, so as to change the definition of "family violence".

SB 700. By Senators Edge of the 28th, Albert of the 23rd and English of the 21st:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain authorized service charges with respect to selling certain tickets or other evidences of right of entry.

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JOURNAL OF THE HOUSE,

SB 724. By Senator Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for approval of assumption reinsurance agreements; to provide definitions; to provide for notice requirements to policyholders; to provide for notice to the Commissioner of Insurance; to provide for the transfer of risks or obligations under an insurance contract following policyholder consent.

SB 725. By Senators Hammill of the 3rd, Echols of the 6th, Perry of the 7th and others:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to provide for authority of the Department of Natural Resources; to make certain provisions relative to the membership of the Shore Assistance Committee; to provide powers of the Shore Assistance Committee.

SB 730. By Senator Broun of the 46th:
A bill to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to authorize agreements for probation services and other services for municipal courts; to authorize establishment of probation systems for municipal courts; to provide for procedures and requirements related thereto.

SB 733. By Senators Hill of the 4th, Perry of the 7th, White of the 48th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for issuance of National Guard license plates to the spouses of members.

SB 762. By Senators Phillips of the 9th and White of the 48th:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, as amended, so as to change the provisions relating to education districts for the board; to provide for definitions and insertions; to provide for election and terms of office of the members of such board; to provide for submission of this Act to the United States Attorney General.

HB 1481. By Representatives Clark of the 13th, Powell of the 13th, Thurmond of the 67th and McBee of the 68th:
A bill to provide for homestead exemptions from Clarke County ad valorem taxes for county purposes and from Clarke County School District ad valorem taxes for educational purposes for certain residents of that county and school district.

HB 1719. By Representative Mobley of the 64th:
A bill to amend an Act re-creating and establishing a Board of Commissioners of Barrrow County, so as to reapportion the commissioner districts.

HB 1762. By Representative Lord of the 107th: A bill to provide a new charter for the City of Kite.

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1861

HB 1849. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide a homestead exemption from all Rabun County ad valorem taxes in the amount of $12,500.00 of the assessed value of the homestead for certain residents of Rabun County who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.

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

SR 474. By Senator Brown of the 26th:
A resolution authorizing the conveyance of certain state owned real property located in Bibb County, Georgia, to the Macon Housing Authority; to provide an effective date.

HR 734. By Representatives Royal of the 144th, Colwell of the 4th and Murphy of the 18th:
A resolution designating the Jimmy Autry Correctional Institution.

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

SB 246. By Senators Newbill of the 56th, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of superior courts, so as to provide that sheriffs shall be exempt from paying the clerks' recording fees for criminal bonds and writs of fieri facias issued on criminal bond forfeitures.
Referred to the Committee on Judiciary.

SB 319. By Senator Albert of the 23rd:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide that the state revenue commissioner may authorize the distribution or sale of distilled spirits, malt beverages, and wine by food caterers in connection with the food catering business only; to define certain terms; to provide for the issuance of alcoholic beverage licenses to food caterers who are eligible therefor.
Referred to the Committee on Regulated Beverages.

SB 503. By Senators Foster of the 50th, Kidd of the 25th, Ray of the 19th and others:
A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correctional institutions, so as to provide that any correctional institution which houses 500 or more inmates shall employ a full-time chaplain; to provide for qualifications.
Referred to the Committee on State Institutions & Property.

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SB 554. By Senator Dean of the 31st:
A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Annotated, relating to assumption of duties by chief clerk upon vacancy in office of probate court, so as to provide that the chief clerk shall assume the same compensation as the probate judge less any longevity raises received by such judge.
Referred to the Committee on Judiciary.
SB 572. By Senator Ramsey of the 54th:
A bill to amend Code Section 17-4-20.1 of the Official Code of Georgia Annotated, relating to police investigation of incidents of family violence, so as to add to the factors for consideration in determining the primary physical aggressor the fear inflicted on another person; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to relief from family violence to be granted by superior courts, so as to change the definition of "family violence".
Referred to the Committee on Judiciary.
SB 700. By Senators Edge of the 28th, Albert of the 23rd and English of the 21st:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain authorized service charges with respect to selling certain tickets or other evidences of right of entry.
Referred to the Committee on Industry.
SB 724. By Senator Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for approval of assumption reinsurance agreements; to provide definitions; to provide for notice requirements to policyholders; to provide for notice to the Commissioner of Insurance; to provide for the transfer of risks or obligations under an insurance contract following policyholder consent.
Referred to the Committee on Insurance.

SB 725. By Senators Hammill of the 3rd, Echols of the 6th, Perry of the 7th and others:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to provide for authority of the Department of Natural Resources; to make certain provisions relative to the membership of the Shore Assistance Committee; to provide powers of the Shore Assistance Committee.
Referred to the Committee on Natural Resources & Environment.

SB 730. By Senator Broun of the 46th:
A bill to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to authorize agreements for probation services and other services for municipal courts; to authorize establishment of probation systems for municipal courts; to provide for procedures and requirements related thereto.
Referred to the Committee on Judiciary.

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1863

SB 733. By Senators Hill of the 4th, Perry of the 7th, White of the 48th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for issuance of National Guard license plates to the spouses of members.
Referred to the Committee on Motor Vehicles.

SB 762. By Senators Phillips of the 9th and White of the 48th:
A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, as amended, so as to change the provisions relating to education districts for the board; to provide for definitions and insertions; to provide for election and terms of office of the members of such board; to provide for submission of this Act to the United States Attorney General.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 474. By Senator Brown of the 26th:
A resolution authorizing the conveyance of certain state owned real property located in Bibb County, Georgia, to the Macon Housing Authority; to provide an effective date.
Referred to the Committee on State Institutions & Property.

Representative Irwin of the 57th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 681. By Representatives Childers of the 15th, Wilder of the 21st, Parham of the 105th, Moultrie of the 93rd, Green of the 106th and others:
A bill to amend Code Section 51-1-29.1 of the Official Code of Georgia Annotated, relating to liability of volunteer health care providers, so as to extend the immunity from liability to other health care providers and facilities and remove certain limitations and establish others.

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

Abernathy N Adams N Aiken Y Alford N Ashe N Atkins
Baker N Balkcom N Barfoot
N Bargeron N Barnett.B
Y Barnett.M N Bates N Beatty N Benef'ield N Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks
N Brown N Brush

N Buck Y Buckner Y Byrd N Campbell Y Canty N Carrell
Carter Y Cauthorn N Chafin
Y Chambless N Cheeks
N Childers Y Clark.E N Clark.L N Coker
Coleman N Colwell N Connell Y Culbreth N Cummings,B
Cummings.M N Davis.D
Davis.G Y Davis.M

N Dixon.H

Dixon,S

Y Dobbs

N Dover

Dunn

Edwards

N Elliott

Felton

Y Fennel

N Floyd.J.M

N Floyd.J.W

Y Flynt

N Godbee

N Golden

N Goodwin

.

E Green

N Greene

N Griffin

N Groover

N Hamilton

Y Hammond

Hanner

Y Harris.B

Y Harris.J

N Heard Henson
N Herbert Y Holland Y Holmes
Howard N Hudson Y Irwin N Jackson
Y Jamieson Jenkins
Y Jones N Kilgore N King N Kingston Y Klein N Ladd N Lane.D N Lane.R E Langford N Lawrence N Lawson
N Lee N Long

Y Lord Lucas
N Mann Y Martin Y McBee N McCoy N McKelvey
McKinney.B McKinney.C
N Meadows Y Merritt
N Milam Y Mills N Mobley N Moody N Morsberger N Moultrie N Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock
N Padgett Parham

1864

JOURNAL OF THE HOUSE,

N Parrish Patten
Y Pelute N Perry
Pettit N Pinholster N Pinkston N Poag Y Porter Y Postern N Powell.A N Powell.C

N Presley N Purcell
Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman Y Sherrill
Simpson Y Sinkfield

N Skipper Y Smith.L N Smith,? N Smith.T Y Smith.W
Smyre N Snow N Stancii.F N Stancil.S Y Stanley N Streat Y Taylor

On the motion, the ayes were 48, nays 94. The motion was lost.

Y Teper Thomas,C Thomas.M
Y Thomas.N Thurmond
N Titus N Tolbert
Townsend Turnquest Twiggs Y Valenti N Vaughan

Walker.J Walker.L N Wall N Watson Watts Y White N Wilder N Williams.B N Williams.J N Williams.R Yeargin Murphy ,Spkr

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

HR 926. By Representative Parrish of the 109th:
A resolution paying tribute to Honorable Albert D. Clifton and designating the Albert D. Clifton Memorial Highway.

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

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty
Benefield Y Hirdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Camphell Y Canty Y Carrell
Carter Y Cauthorn Y Chai'in Y Chambless
Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Cummings.M Y Davis.D Davis.G Y Davis.M Y Dixon.H Dixon,S Dobbs Y Dover Dunn Edwards Y Elliott Y Felton Fennel Y Royd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green N Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris.J

Heard Henson Herbert Y Holland Y' Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Lawrence Y Lawson Y Lee Long Y Lord Lucas Y Mann Martin Y McBee Y McCoy Y McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliyer.C Oliver.M Y Orr Orrock Y Padgett Y Parham Y Parrish Y Patten Pelote Y Perry Pettit Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Randall Y Ray Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson Y Sinkfield

On the adoption of the Resolution, the ayes were 125, nays 1.

Skipper Smith,L Smith.P Smith.T Y Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Stanley Y Streat Y Taylor Y Teper Thomas.C Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Townsend Turnquest Twiggs Valenti Y Vaughan Y Walker.J Walker.L Y Wall Watson Watts White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

TUESDAY, MARCH 3, 1992

1865

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

Representatives Fennel of the 155th, Henson of the 57th and Thomas of the 69th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Greene of the 130th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 840. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Chambless of the 133rd, Dover of the llth and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the dedication and deposit of revenues from specified sources into an Indigent Care Trust Fund; to provide that moneys in the fund shall be exclusively used for primary health care programs for medically indigent citizens and children, for expansion of Medicaid eligibility and services.

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 the dedication and deposit of revenues raised from specified sources for the purposes of the fund into an Indigent Care Trust Fund; to provide that moneys in the fund shall be exclusively used for primary health care programs for medically indigent citizens and children, for expansion of Medicaid eligibility and services, or for programs to support rural and other health care providers who disproportionately serve the medically indigent; to provide that contributions and revenues deposited to the fund shall not lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by striking subparagraph (i) and inserting in lieu thereof a new subparagraph (i) to read as follows:
"(i) The General Assembly is authorized to provide by general law for the creation of an Indigent Care Trust Fund. Any hospital, hospital authority, county, or municipality is authorized to contribute or transfer moneys to the fund and any other person or entity specified by the General Assembly may also contribute to the fund. The General Assembly may provide by general law for the dedication and deposit of revenues raised from specified sources for the purposes of the fund into the fund. Moneys in the fund shall be exclusively appropriated to expand used for primary health care programs for medically indigent citizens and children of this state, for expansion of Medicaid eligibil-
covcragc to provide for indigent care with programs to support for rural and disproportionate indigent eare providers, and other health care providers, primarily hospitals, who disproportionately serve the medically indigent, primary ear* health programs for indigent citizens ef- this State. Any other appropriation from the Indigent Care Trust Fund shall be void. Contributions and revenues deposited to the fund shall not lapse and shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II. Moneys Contributions in the fund which are not appropriated as required by this subparagraph shall be refunded pro rata to the contributors thereof, as provided by the General Assembly."

1866

JOURNAL OF THE HOUSE,

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

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for the dedication and deposit of revenues raised from specified sources for the purposes of the fund into an Indigent Care Trust Fund; to provide that moneys in the fund shall be exclusively used for primary health care programs for medically indigent citizens and children, for expansion of Medicaid eligibility and services, or for programs to support rural and other health care providers who disproportionately serve the medically indigent; and to provide that contributions and revenues deposited to the fund shall not lapse?"

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

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

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Bart'oot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner Y Byrd Y Campbell Y Cantv Y Carrell Y Carter Y Cauthorn Y Chalin Y Chambless Y Cheeks Y Childers

Y Clark.E
Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Davis.G
Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Edwards
Y Elliott Y Felton
Fennel Y Floyd.J.M Y Flovd.J.W Y Flynt Y Godbee Y Golden Y' Goodwin E Green
Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
Ladd Y Lane.D
Y Lane.R E Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Pinholster Y Pinkston
Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield

Y Skipper Y Smith.L
Smith.P
Y Smith.T Y Smith, W
Smyre Y Snow Y Stancil.F
Stancil.S Y Stanley
Streat Y Taylor
Y Teper Thomas.C Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,.) Y Williams.R Yeargin Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 142, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

TUESDAY, MARCH 3, 1992

1867

Representatives Fennel of the 155th, Davis of the 45th, Ladd of the 44th, Henson of the 57th, Yeargin of the 14th and Thomas of the 69th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1478.

By Representatives Flynt of the 75th, Twiggs of the 4th, Sherrill of the 47th, Golden of the 148th and Walker of the 113th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to prohibit the possession of any device capable of producing a flashing blue light by any person other than a law enforcement officer.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to prohibit the possession of any device capable of producing a flashing blue light by any person other than a law enforcement officer; to prohibit the use of flashing or revolving blue lights in the commission of a felony; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, is amended by striking Code Section 40-8-90, relating to restrictions on use of flashing or revolving blue lights on vehicles, in its entirety and inserting in lieu thereof a new Code Section 40-8-90 to read as follows:
"40-8-90. (a) Except as provided in subsection (b) of this Code section, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle equipped with or containing a device capable of producing flashing or revolving blue lights except motor vehicles owned or leased by any federal, state, or local law enforcement agency.
(b) The prohibition contained in subsection (a) of this Code section shall not apply to any elected sheriff who, pursuant to an agreement between the sheriff and the county governing authority, is using his personal motor vehicle in a law enforcement activity, provided such vehicle is marked as provided in Code Section 40-8-91.
(c) It shall be unlawful for any person to use any motor vehicle equipped with flashing or revolving blue lights in the commission of a felony, and, upon conviction of a violation of this subsection, the punishment shall be a fine of not less than $1,000.00 or imprisonment of not less than one year, or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron

Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch

Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell

Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Dav s,D
Dav s,G Y Dav s,M Y Dix( n,H Y Dixon.S

1868

JOURNAL OF THE HOUSE,

Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y FloydJ.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Heard Y Henson
Y Herbert Y Holland

Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
Ladd Y Lane.D Y Lane.R E Langford Y Lawrence
Y Lawson YLee
Long YLord
Lucas YMann Y Martin Y McBee Y McCoy

Y McKelvey McKinney,B
Y McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Pettit Pinholster Y Pinkston YPoag

Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L
Smith.P
Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley

Y Streat Taylor
Y Teper Thomas.C Thomas,M
Y Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams.J Y Williams.R
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.

Representatives Fennel of the 155th, Thomas of the 69th, Wilder of the 21st, Ladd of the 44th and Yeargin of the 14th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1680.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide definitions; to restrict an employee of a regional development center from service with entities contracting with the regional development center.

The report 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.

HR 894. By Representatives Walker of the 115th, Townsend of the 24th, Lee of the 72nd, Martin of the 26th, Royal of the 144th and others:
A resolution creating the Joint Study Committee on Local Government Services.

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

TUESDAY, MARCH 3, 1992

1869

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong N Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove N Brooks Y Brown
Brush YBuck Y Buckner NByrd Y Campbell Y Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M N Davis.D
Y Davis.G Y Davis.M
Y Dixon.H N Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd N Lane.D
Lane.R E Langford Y Lawrence Y Lawson
YLee Y Long
N Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B N McKinney.C
N Meadows Y Merritt Y Milam

Y Mills
Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Y Orrock
Y Padgett Y Parham Y Parrish N Patten N Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Poag Y Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell
Randall
NRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P N Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Y Stanley Streat
Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts N White Y Wilder
Williams.B N Williams.J Y Williams.R
Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 139, nays 17. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Brush of the 83rd and Yeargin of the 14th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1532.

By Representatives Brown of the 88th, Abernathy of the 39th, Henson of the 57th and Howard of the 85th:
A bill to amend Code Section 33-11-16 of the Official Code of Georgia Annotated, relating to authorized investments by insurers, so as to provide that insurers may invest in obligations issued by the International Finance Corporation.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 33-11-16 of the Official Code of Georgia Annotated, relating to authorized investments by insurers, so as to provide that insurers may invest in obligations issued by the International Finance Corporation; to provide for the applicability of certain requirements and limitations; 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 33-11-16 of the Official Code of Georgia Annotated, relating to authorized investments by insurers, is amended by striking said Code section and inserting in lieu thereof a new Code Section 33-11-16 to read as follows:

1870

JOURNAL OF THE HOUSE,

"33-11-16. An insurer may invest in obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development or the International Finance Corporation. The investments authorized by this Code section shall not be counted as an investment of reserves under paragraph (4) of Code Section 33-11-5 at any one time in an amount greater than 5 percent of the insurer's admitted assets. Such investments shall be subject to all limitations and requirements of this chapter."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Balkcom N Barfoot
Bargeron Barnett.B Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Y Bordeaux
Y Bostick Branch
N Breedlove Y Brooks Y Brown N Brush YBuck
Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee Y Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Poag Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson Y Sinkfield

Y Skipper
Y Smith.L
Y Smith.P
Y Smith.T
Y Smith.W
Y Smyre
Y Snow
Y Stancil.F
Y Stancil.S
Y Stanley
Streat
Y Taylor
Y Teper Thomas.C Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Wilder Y Williams.B Y Williams.J Y Williams.R Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Fennel of the 155th, Poston of the 2nd and Yeargin of the 14th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

TUESDAY, MARCH 3, 1992

1871

HR 996. By Representative Abernathy of the 39th:
A resolution honoring Imam W. Deen Mohammed and inviting him to appear before the House of Representatives.

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

HR 979. By Representatives Redding of the 50th, Baker of the 51st, Teper of the 46th, McKinney of the 40th, Valenti of the 52nd and others:
A resolution commending Mr. Manuel J. Maloof and inviting him to appear before the House of Representatives.

HR 993. By Representatives Dixon of the 128th, Pelote of the 127th, Bordeaux of the 122nd, Merritt of the 123rd and Hamilton of the 124th:
A resolution recognizing the Savannah, Georgia, St. Patrick's Day Parade and Festivities and inviting the Grand Marshal and the General Chairman and their aids to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 999. By Representatives White of the 132nd and Cummings of the 134th: A resolution commending Mr. William Barry Wright.

HR 1000. By Representatives White of the 132nd, Reaves of the 147th, Stanley of the 33rd, McKinney of the 35th, Brooks of the 34th and others:
A resolution congratulating the Federation of Southern Cooperatives/Land Assistance Fund on the occasion of its 25th anniversary.

HR 1001. By Representatives White of the 132nd and Cummings of the 134th: A resolution commending Mrs. Carol Johnson King.

HR 1002. By Representative Morsberger of the 62nd:
A resolution recognizing Eli Lenders and Elizabeth Whitley Roberson Day in the State of Georgia.

HR 1003. By Representative Connell of the 87th:
A resolution designating July 8, 1992, as Medical College of Georgia School of Nursing Day in Georgia.

HR 1004. By Representative Stanley of the 33rd: A resolution honoring Mr. Julius Mathis and expressing regret at his passing.

HR 1005. By Representatives Stanley of the 33rd, White of the 132nd, Thurmond of the 67th, Davis of the 29th, Thomas of the 55th and others:
A resolution expressing regret at the passing of Mr. Franklin W. Thomas, Sr.

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:

1872

JOURNAL OF THE HOUSE,

HB 1987. By Representative Smith of the 78th:
A bill to amend an Act creating the Board of Commissioners of Lamar County, so as to change the composition of the commissioner districts from which members of the board of commissioners are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1988. By Representative Smith of the 78th:
A bill to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to change the composition of education districts from which members of the board of education are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1989. By Representatives Dunn of the 73rd, Lawson of the 9th and Griffin of the 6th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise definitions; to define certain terms; to provide for construction concerning the issuance of policies; to prohibit certain acts regarding the transaction of insurance.
Referred to the Committee on Insurance.

HB 1990. By Representative Parrish of the 109th:
A bill to amend an Act creating a Board of Commissioners of Candler County, so as to provide that the chairman of the Board of Commissioners shall be the chief executive and administrative officer of Candler County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1991. By Representatives Hammond of the 20th and Cauthorn of the 20th:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to districts for the election of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1992. By Representatives Stanley of the 33rd and Martin of the 26th:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that local boards of education may authorize principals and assistant principals and their designees to authorize and conduct searches of students' persons and possessions on school property.
Referred to the Committee on Education.

HB 1993. By Representatives Twiggs of the 4th and Parham of the 105th:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, known as the "Motor Fuel Tax Law," so as to define terms relating to the importation, exportation, and storage of such motor fuels; to establish minimum documentation for interstate and international shipments of motor fuels.
Referred to the Committee on Ways & Means.

TUESDAY, MARCH 3, 1992

1873

HB 1994. By Representatives Morsberger of the 62nd, Pinholster of the 8th and Goodwin of the 63rd:
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 for the offense of simple assault against a sports official and the offense of simple battery against a sports official.
Referred to the Committee on Special Judiciary.

HB 1995. By Representatives Buckner of the 72nd and Adams of the 79th:
A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for offenses relating to possession of alcoholic beverages by persons under the age of 21, and to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for an optional sentence consisting of an appearance before a panel of victims or victims' survivors.
Referred to the Committee on Judiciary.

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 1528.

By Representatives Holland of the 136th, Walker of the 113th, Jenkins of the 80th and Poston of the 2nd:
A bill to amend Code Section 19-9-5 of the Official Code of Georgia Annotated, relating to child custody agreements, so as to provide that the term "custody" refers to joint custody.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 19-9-5 of the Official Code of Georgia Annotated, relating to child custody agreements, so as to provide that the term "custody" refers to joint custody; to provide that the court shall ratify and make a part of the court's final judgment a child custody agreement entered into between the parents of a minor child unless the court finds by clear and convincing evidence that such agreement is not in the best interest of the child; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-9-5 of the Official Code of Georgia Annotated, relating to child custody agreements, is amended by striking in their entireties subsections (a) and (b) and inserting in lieu thereof, respectively, the following:
"(a) In all proceedings under this article between parents, it shall be expressly permissible for the parents of a minor child to present to the court an agreement respecting any and all issues concerning custody of the minor child. As used in this Code section, the term 'custody' shall include, without limitation, joint custody as such term is defined in Code Section 19-9-6. As used in this Code section, the term 'custody' shall not include payment of child support.
(b) The court shall ratify the agreement and make such agreement a part of the court's final judgment in the proceedings unless the court makes specific written factual findings as a part of the final judgment that under the circumstances of the parents and the child in such agreement that the agreement would not be in the best interests of

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the child er children. The court shall not refuse to ratify such agreement and to make such agreement a part of the final judgment based solely upon the parents' choice to use joint custody as a part of such agreement."
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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnetl.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter N Cauthorn Y Chafin
Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth
Cummings,B Y Cummings,M N Davis.D N Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee
Y McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam

N Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Randall NRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow
Stancil,F Y Standl.S N Stanley
Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan Walker.J Y Walker.L Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 144, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Stancil of the 66th and Walker of the 113th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1489.

By Representatives Hamilton of the 124th, Thomas of the 69th, Kilgore of the 42nd and Walker of the 115th:
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 change the qualifications of local school superintendents.

The following amendment was read and adopted:

TUESDAY, MARCH 3, 1992

1875

Representatives Dobbs of the 74th, Lane of the llth, Hamilton of the 124th and Godbee of the 110th move to amend HB 1489 as follows:
On page 1, line 25 after the word "experience" add the following:
"or at least 10 years business management experience".

The following amendment was read and adopted:

Representatives Dobbs of the 74th, Lane of the lllth, Hamilton of the 124th and Godbee of the 110th move to amend HB 1489 as follows:
On page 2, line 2 after the word "supervision" add the following:
"or at least 10 years business management experience". On line 3, page 2 after the word "issued" add "or determined".

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:

Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins Y Baker Y" Balkcom Y Bartoot Y Bargeron
Barnett.B Y Barnett.M Y Bates N Beatty Y Benetield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks N Brown
Brush Y Buck N Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Caul horn Y Chatin Y <'humbles* Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth
Cummings.B Cummings.M Y Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson N Herbert N Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore N King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord N Lucas Y Mann Y Martin N Mc-Bee Y McCoy Y McKelvey
McKinney.B Y McKinney.C
Meadows Y Merritt Y Milara

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller
Oliver.C Y Oliver.M N Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson N Sinkfieid

N Skipper Y Smith,L Y Smith,P Y Smith.T Y Smith,W Y Smyre Y Snow N Stancil.F Y Stancii.S Y Stanley Y Streat N Taylor N Teper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turmjuest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Walts N White Y Wilder Y Williams.B N Williams,.) Y Williams.R Y Y'eargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 140, nays 19.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Brush of the 83rd and Pelote of the 127th stated that they had been called from the,floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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JOURNAL OF THE HOUSE,

HB 1694.

By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend Code Section 46-5-63 of the Official Code of Georgia Annotated, relating to the powers of rural telephone cooperatives, so as to change the population classifications with respect to the authority of certain rural telephone cooperatives to exercise certain powers within cities.

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

Abernathy Y Adams
Aiken Alford Y Ashe Y Atkins Baker Y Balkcom
Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E
Y Clark.L Y Coker
Coleman Colwell
Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson
Herbert Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee Y Long
Lord N Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C
Meadows Y Merritt Y Milam

Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston
Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Ray Y Reaves Redding Y Ricketson Royal Y Selman Y Sherrill Simpson Y Sinkfield

Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Streat
Y Taylor Y Teper
Thomas.C Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 143, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Thomas of the 69th, Irwin of the 57th and Royal of the 144th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1593.

By Representative Cummings of the 17th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to public retirement systems standards so as to repeal certain provisions relating to requirements for exempting bills regarding the Georgia Firemen's Pension Fund from certain provisions.

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

TUESDAY, MARCH 3, 1992

1877

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1556. By Representatives Williams of the 90th, Pinkston of the 100th, Padgett of the 86th, Connell of the 87th and Harris of the 84th:
A bill to amend Code Section 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, so as to provide for the size and style of type to be used in any disclaimer or symbol directing attention to a disclaimer regarding the availability of merchandise or services advertised for sale.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, so as to provide for the size and style of type to be used in any disclaimer or symbol directing attention to a disclaimer regarding the availability of merchandise or services advertised for sale; 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 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, is amended by redesignating subsection (b) as subsection (c) and inserting a new subsection (b) to read as follows:
"(b) Any disclaimer that merchandise, commodities, or services advertised for sale may not be available or that availability may be limited shall be in the same style as the advertisement and, if in written or printed form, such disclaimer and any asterisk or other symbol directing the attention of the reader to such disclaimer shall not be smaller than one-fifth of the type size used in the main body of the advertisement, provided that the minimum type size shall not be smaller than four-point type."
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 128, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 933. By Representatives Beatty of the 12th, Ladd of the 44th, Mobley of the 64th, Carrell of the 65th, Breedlove of the 60th and others:
A resolution designating the Veterans Memorial 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 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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HB 1580. By Representatives Orrock of the 30th, Mills of the 20th and Oliver of the 53rd:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide that certain undertakings will constitute the practice of podiatry.

The following amendment was read and lost:

Representative Herbert of the 76th moves to amend HB 1580 as follows:
By adding after "services." the following:
"This section shall not be interpreted to authorize or require third party reimbursement or payment for such services."

The following amendment was read and lost:

Representative Dunn of the 73rd moves to amend HB 1580 as follows: Delete the words "or physical evaluation" on line 16.

Representative Dunn of the 73rd moved that the House reconsider its action in failing to adopt the Dunn amendment.
The motion prevailed.

Representative Lee of the 72nd moved that further consideration of HB 1580 be postponed until tomorrow immediately following the period of unanimous consents.
The motion prevailed.

HB 1574.

By Representatives Childers of the 15th and Hudson of the 117th:
A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physical therapists, so as to provide for the comprehensive revision of said chapter.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physical therapists, so as to provide for the comprehensive revision of said chapter; to provide for definitions; to change certain provisions relating to the composition and method of selecting members of the State Board of Physical Therapy; to provide for additional qualifications; to provide for additional powers and duties of the board; to change certain provisions relating to physical therapy license requirements; to provide for additional practice requirements; to provide for additional license requirements with respect to physical therapist assistants; to provide for the regulation of physical therapy aides; to change certain provisions relating to reciprocity; to change certain provisions relating to the expiration, renewal, and restoration of licenses; to change certain provisions relating to the issuance of temporary licenses; to provide for training permits; to change certain provisions relating to refusal to grant or restore licenses and disciplinary authority; to provide for certain mental and physical examinations; to provide for certain fines; to change the termination date of and to continue the board and the laws relating to the

TUESDAY, MARCH 3, 1992

1879

board; to provide for exemptions; 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 33 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physical therapists, is amended by striking Code Section 43-33-3, relating to definitions regarding the State Board of Physical Therapy, and inserting in its place a new Code Section 43-33-3 to read as follows:
"43-33-3. As used in this chapter, the term: (1) 'Board' means the State Board of Physical Therapy. (2) 'Direct supervision of a trainee' means that the licensed physical therapist is
on the premises at all times and is fully responsible for the activities assigned to the trainee.
(3) (3) 'License' means a valid and current certificate of registration issued by the board, which shall give the person to whom it is issued authority to engage in the practice prescribed thereon.
(34 (4) 'Licensee' means any person holding a license. {4} (5) 'Person' means a human person only, not a legal entity. 4&) (6) 'Physical therapist' means a person licensed to practice physical therapy as defined in this chapter and whose license is in good standing. A physical therapist shall be designated by the initials 'P.T.' {6} (7) 'Physical therapist assistant' or 'physical therapy assistant' means a person who is licensed by the board to assist a physical therapist, whose activities are supervised and directed by a physical therapist, and whose license is in good standing. A physical therapist assistant shall be designated by the initials 'P.T.A.' 47} (8) 'Physical therapy' means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation, documentation, and evaluation of tests and measurements of bodily functions and structures; the planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventative and therapeutic purposes; and the provision of consultative, educational, and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. 48} (9) 'Physical therapy aide' means a person who aids in the providing provision of physical therapy services, who is supervised and directed on the premises at all times by a licensee under this chapter, and whose activities do not require technical training through a formal course of study. (10) 'Trainee' means an applicant for initial license or an applicant for relicensure who has not practiced the profession for a period which exceeds two years and who is authorized, by issuance of a training permit, to work under the direct supervision of a physical therapist licensed under this chapter. (11) 'Traineeship' means a period of activity during which an unlicensed physical therapist or physical therapy assistant works under the direct supervision of a licensed physical therapist who has practiced for not less than one continuous year prior to assuming the supervisory role. (12) 'Training permit' means a valid and current certificate of registration issued by the board, which gives the person to whom it is issued authority to engage in practice through a traineeship prescribed thereon and may be granted to a qualified unlicensed graduate trainee, foreign trained trainee, or relicensure trainee."
Section 2. Said chapter is further amended by striking Code Section 43-33-5, relating to appointment of board members, and inserting in its place a new Code Section 43-33-5 to read as follows:
"43-33-5. The board shall consist of si* eight members, as provided in Code Section 43-33-6, each of whom shall be appointed by the Governor; approved by the Secretary

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ef State, and confirmed by the Senate for a term of three years and until a successor is appointed and qualified. Vacancies on the board shall be filled by the Governor's appointment of a successor to serve out the unexpired term. The Governor, after notice and opportunity for hearing, may remove any member of the board for neglect of duty, incompetence, revocation or suspension of license of those licensee members, or other dishonorable conduct. No person shall serve more than two consecutive full terms as a member of the board."
Section 3. Said chapter is further amended by striking Code Section 43-33-6, relating to qualifications, and inserting in its place a new Code Section 43-33-6 to read as follows:
"43-33-6. To be eligible for appointment to the board, a person must be a resident of this state. Five Six members of the board shall be licensees licensed as physical therapists under this chapter who have practiced or taught physical therapy for at least five years. At least one member shall be licensed and practicing as a physical therapist assistant. The sixth eighth member shall be appointed from the public at large and shall have no connection whatsoever with the practice or profession of physical therapy."
Section 4. Said chapter is further amended by striking Code Section 43-33-10, relating to general powers and duties of the board, and inserting in its place a new Code Section 43-33-10 to read as follows:
"43-33-10. In carrying out the provisions of this chapter, the board shall, in addition to the other powers conferred upon it under this chapter, have the power to:
(1) Prepare or approve all examinations or applicants for licenses; (2) Determine the qualifications of and authorize the issuance of licenses to qualified physical therapists and physical therapist assistants; (3) Determine the qualifications for and approve educational programs that prepare physical therapists and physical therapist assistants for the purpose of determining qualifications of applicants for licensure; (4) Initiate investigations of alleged or suspected violations of the provisions of this chapter or other laws of this state pertaining to physical therapy and any rules and regulations adopted by the board. For this purpose, any board member or authorized agent of the board shall have the power and right to enter and make reasonable inspection of any place where physical therapy is practiced; (5) Conduct all hearings in contested cases according to Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act'; (6) Discipline any person licensed under this chapter, or refuse to grant, renew, or restore a license to any person upon any ground specified in this chapter; (7) Adopt a seal, the imprint of which together with the authorized signature of either the joint-secretary or other member authorized by the board shall be effective to evidence its official acts; (8) Establish licensing fees and maintain in the office of the joint-secretary a register of all persons holding a license and a record of all inspections made; afld (9) Adopt and publish a code of ethics; (10) Issue training permits; and {} (11) Adopt such rules and regulations as shall be reasonably necessary for the enforcement and implementation of the provisions and purposes of this chapter and other laws of this state insofar as they relate to physical therapy."
Section 5. Said chapter is further amended by striking Code Section 43-33-11, relating to license requirements, and inserting in its place a new Code Section 43-33-11 to read as follows:
"43-33-11. No persons shall practice as a physical therapist or as a physical therapist assistant nor hold himself out as being able to practice as a physical therapist or as a physical therapist assistant or use the initials P.T. or P.T.A. in conjunction therewith unless he holds a license and otherwise complies with the provisions of this chapter and the rules and regulations adopted by the board. Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of:

TUESDAY, MARCH 3, 1992

1881

(1) Any person licensed under any other law of this state who is engaged in the professional or trade practices properly conducted under the authority of such other licensing laws;
(2) Any person pursuing a course of study leading to a degree or certificate as a physical therapist or as a physical therapist assistant in an entry level educational program approved by the board, if such person is designated by a title indicating student status, is fulfilling work experiences required for the attainment of the degree or certificate, and is under the supervision of a licensed physical therapist;
(3) Any person enrolled in a course of study designed to develop advanced physical therapy skills when the physical therapy activities are required as part of an educational program sponsored by an educational institution approved by the board, and conducted under the supervision of a physical therapist licensed under this chapter. If such person provides physical therapy services outside the scope of the educational program, he shall then be required to be licensed in accordance with this chapter;
(4) A physical therapist licensed in another state or country or employed by the United States government conducting a teaching or clinical demonstration in connection with an academic or continuing education program; or
(5) Any person employed as a physical therapist or as a physical therapist assistant by the United States government if such person provides physical therapy services solely under the direction or control of the employing organization. If such person shall engage in the practice of physical therapy or as a physical therapist assistant outside the course and scope of such employment, he shall then be required to be licensed in accordance with this chapter: j or
(6) A person currently licensed in another state who is present in this state for treatment of a temporary sojourner only, said treatment in this state not to exceed a total of 60 days during any 12 month period."
Section 6. Said chapter is further amended by striking Code Section 43-33-12, relating to requirements for the issuance of licenses, and inserting in its place a new Code Section 43-33-12 to read as follows:
"43-33-12. A license to practice physical therapy shall be issued to any person who: (1) Is a graduate of an educational program that prepares physical therapists and
which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from a program conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter;
(2) Has satisfactorily passed an examination prepared or approved by the board; and
(3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19."
Section 7. Said chapter is further amended by striking Code Section 43-33-13, relating to physical therapist assistant license requirements, and inserting in its place a new Code Section 43-33-13 to read as follows:
"43-33-13. A license to practice as a physical therapist assistant shall be issued to any person who:
(1) Is a graduate of an educational program that prepares physical therapist assistants and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from a program conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter;

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(2) Has satisfactorily passed an examination prepared or approved by the board; and
(3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19."
Section 8. Said chapter is further amended by adding a new Code section immediately following Code Section 43-33-13, to be designated Code Section 43-33-13.1, to read as follows:
"43-33-13.1. A physical therapy aide is one, other than a licensed physical therapist or physical therapy assistant, who is employed to assist a licensed physical therapist or a licensed physical therapist assistant by performing under direct supervision those acts, services, practices, and procedures as authorized under this chapter and approved by the board by rule or regulation."
Section 9. Said chapter is further amended by striking Code Section 43-33-15, relating to reciprocity, and inserting in its place a new Code Section 43-33-15 to read as follows:
"43-33-15. The board may grant to a person licensed in another state or territory of the United States full privileges to engage in equivalent practice authorized by this chapter without taking an examination, provided:
(1) That such person is properly licensed under the laws of another state or territory or the United States; and
(2) That the requirements for licensing in such other state or territory of the United States are substantially equal to the requirements for a similar license in this state."
Section 10. Said chapter is further amended by striking Code Section 43-33-16, relating to expiration, renewal, and restoration of licenses, and inserting in its place a new Code Section 43-33-16 to read as follows:
"43-33-16. All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the joint-secretary prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the prescribed restoration fee within the time period established by the joint-secretary and provided the applicant meets such requirements as the board may establish by rule. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. The board shall require no less than four hours of continuing education in order to renew any license issued pursuant to this chapter."
Section 11. Said chapter is further amended by striking Code Section 43-33-17, relating to issuance of temporary licenses, which reads as follows:
"43-33-17. (a) A temporary license may be issued without examination to any person who:
(1) Applies for the first time to practice as a physical therapist or as a physical therapist assistant under Code Section 43-33-12, 43-33-13, or 43-33-15 and meets all other qualifications under Code Section 43-33-12, 43-33-13, or 43-33-15; or
(2) Intends to practice on a temporary basis in this state and otherwise meets all qualifications for a licensed physical therapist or physical therapy assistant under this chapter. (b) A temporary license issued pursuant to this Code section shall expire after six months and be subject to renewal only upon good and exceptional cause shown, provided that a temporary license may not be renewed more than one time.", and inserting in its place a new Code Section 43-33-17 to read as follows: "43-33-17. (a) The board may issue a training permit to an unlicensed graduate trainee who is a graduate of an approved physical therapy program who is applying to

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take the next scheduled licensing examination or who has taken the examination but not yet received the examination results.
(b) The board may issue a training permit to a foreign trained trainee who is a graduate from a school outside the United States and its territories and who is approved to take the examination.
(c) The board may issue a training permit to a relicensure trainee who has held an inactive license to practice as a physical therapist or license to practice as a physical therapy assistant for more than two years.
(d) A training permit shall allow the holder thereof to work only under the direct supervision of a physical therapist who has practiced for not less than one continuous year prior to assuming the supervisory role.
(e) A training permit issued pursuant to this Code section shall be valid for up to six months or expire immediately upon notification of failing exam results or interruption or cancellation of a required practicum approved by the board.
(f) A training permit may be subject to renewal, at the discretion of the board, when good cause is shown. The training permit may not be renewed more than one time and failure of a licensure examination is not deemed to be good cause."
Section 12. Said chapter is further amended by striking Code Section 43-33-18, relating to refusal to grant or restore licenses, and inserting in its place a new Code Section 43-33-18 to read as follows:
"43-33-18. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has:
(1) Implemented a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts, or in the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist;
(2) Become Displayed an inability or has become unable to practice physical therapy or as a physical therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition; :
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropriate practitioner of the healing arts designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to Code Section 24-9-21. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application for a license to practice physical therapy in this state shall be deemed to have given his consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing physical therapy under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he can resume or begin the practice of physical therapy with reasonable skill and safety to patients;
(B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing physical therapy in this

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state or who shall file an application to practice physical therapy in this state shall be deemed to have given his consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication;
(C) If any licensee or applicant could, in the absence of this paragraph a privilege to prevent the disclosure of the results of the above-mentiontied texamination or the above-mentioned records relating to the mental or physical condition of such licensee or applicant, all such information shall be received by the board jn camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding; (3) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this
Code section, a 'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudi-
cation of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any
comparable rule or statute; (4) Knowingly made misleading, deceptive, untrue, or fraudulent representations to
a patient, consumer, or other person or entity in connection with the practice of physical therapy or in any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice physical therapy or as a physical therapist assistant, or made a false or
deceptive biennial registration with the board; (5) Practiced physical therapy contrary to this Code section or to the rules and
regulations of the board; or knowingly aided, assisted, procured, or advised any person to practice physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, pro-
cures, advises, or encourages any unlicensed person to practice physical therapy; (6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or
practice harmful to the public, which conduct or practice need not have resulted in
actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing
physical therapy practice or the failure to comply with the code of ethics of the board; (7) Failed to report to the board any act or omission of a licensee or applicant or
any other person which violates the provisions of this subsection; or (8) Divided fees or agreed to divide fees received for professional services with any
person, firm, association, corporation, or other entity for bringing or referring a
patient. (b) (1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code
section, the board may take any one or more of the following actions:
(A) Refuse to grant or restore a license to an applicant; (B) Administer a public or private reprimand, but a private reprimand shall not
be disclosed to any person except the licensee; (C) Suspend any license for a definite period; (D) Limit or restrict any license; (E) Revoke any license; or (F) Condition the penalty or withhold formal disposition, upon the physical
therapist's, physical therapist assistant's, or other person's submission to the care, counseling, or treatment of physicians or other professional persons, and the com-
pletion of such care, counseling, or treatment, as directed by the boardv; or (G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regula-
tion of the board. (2) In addition to or in conjunction with the foregoing actions the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and

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penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (c) In its discretion, the board may restore and reissue a license issued under this chapter or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this chapter. (d) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant shall be immune from civil and criminal liability for so testifying."
Section 13. Said chapter is further amended by striking Code Section 43-33-21, relating to termination of the board, and inserting in its place Code Section 43-33-21 to read as follows:
"43-33-21. 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 Physical Therapy shall be terminated on July 1, 4993 1998, 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 14. Said chapter is further amended by adding, immediately after Code Section 43-33-21, a new Code section to read as follows:
"43-33-22. Nothing in this chapter shall be construed to restrict the provision of physical therapy or any other act by a physician licensed under Chapter 34 of this title operating within the scope of his or her license or the provision of physical therapy or aiding in the provision of physical therapy by persons acting under the supervision of a licensed physician."
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 16. All laws and parts of laws in conflict with this Act are repealed.

The report of the 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 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1542.

By Representatives Sherrill of the 47th, Lucas of the 102nd, Adams of the 79th, Oliver of the 53rd, Martin of the 26th and others:
A bill to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding social services, so as to establish the Childhood Early Intervention and Services for the Elderly Fund.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding social services, so as to establish the Home Delivered

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Meals, Transportation Services to the Elderly, and Preschool Children with Special Needs Fund; to provide for legislative intent; to provide for authorized deductions from state income tax refunds by the Department of Revenue for transfer to such fund; to provide for acceptance of contributions by the Department of Human Resources and the Department of Revenue for transfer to such fund; to provide for regulation of moneys held in such fund; to provide for powers, duties, and authority of the Department of Human Resources and the Department of Revenue with respect to the foregoing; to provide for administration of the fund; 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 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding social services, is amended by adding a new Code section at the end thereof to be designated Code Section 49-1-9, to read as follows:
"49-1-9. (a) The General Assembly finds that it is in the best interest of the state to provide for programs for home delivered meals, transportation services for the elderly, and preschool children with special needs, including but not limited to disabled children, troubled children, school readiness programs, and other similar needs for the benefit of the citizens of Georgia. In addition to and as a supplement to traditional financing mechanisms for such programs, it is the policy of this state to enable and encourage citizens voluntarily to support such programs.
(b) To support programs for home delivered meals, transportation services for the elderly, and preschool children with special needs which programs have been established or approved by the department, the department may, without limitation, promote and solicit voluntary contributions through the income tax return contribution mechanism established in subsection (f) of this Code section, through offers to match contributions by any person with moneys appropriated or contributed to the department for such programs, or through any fund raising or other promotional techniques deemed appropriate by the department.
(c) There is established a special fund to be known as the 'Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund.' This fund shall consist of all moneys contributed under subsection (b) of this Code section, all moneys transferred to the department under subsection (f) of this Code section, and any other moneys contributed to this fund or to the home delivered meals, transportation services for the elderly, or preschool children with special needs programs of the department and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The fund shall be administered and the moneys held in the fund shall be expended by the department through the Office of Aging in furtherance of home delivered meals and transportation services to the elderly programs and by the department in furtherance of preschool children with special needs programs.
(d) Following the transmittal of contributions to the department for deposit in the fund pursuant to subsection (f) of this Code section, the expenditure of moneys in the fund shall be allocated as follows:
(1) Fifty percent of the contributions to the fund shall be used for home delivered meals and transportation services to the elderly programs; and
(2) Fifty percent of the contributions to the fund shall be used for preschool children with special needs programs. (e) Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. Contributions shall only be used for benefits and services and shall not be used for personnel or administrative positions. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund and a review and evaluation of all expended moneys of the fund. The report shall be made available to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, to the

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members of the Board of Human Resources and, upon request, to members of the public.
(f) (1) Unless an earlier date is deemed feasible and established by the Governor, each Georgia income tax return form for taxable years beginning on or after January 1, 1993, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund established in subsection (c) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to such fund may designate such contribution as provided in this Code section on the appropriate income tax return form.
(2) The Department of Revenue shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the department for deposit in the fund established in subsection (c) of this Code section; provided, however, the amount retained for administrative costs, including implementation costs, shall not exceed $50,000.00 per year. If, in any tax year, the administrative costs of the Department of Revenue for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the Department of Revenue is authorized to withhold from such contributions shall not exceed the sum of such contributions."
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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HR 1006. By Representatives Buckner of the 72nd, Lee of the 72nd and Abernathy of the 39th:
A resolution urging consideration and financial support for alternative placement programs for nonviolent youthful offenders.
Referred to the Committee on Rules.

HR 1007. By Representatives Buckner of the 72nd, Lee of the 72nd, Jenkins of the 80th, Irwin of the 57th, Dover of the llth and others:
A resolution urging a campaign to educate adults regarding gun safety training for children.
Referred to the Committee on Public Safety.

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

HB 1102.

By Representative Lane of the 27th:
A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, Chapter 43 of Title 36 of the Official Code of Georgia Annotated, Chapter 44 of Title 36 of the Official Code of Georgia Annotated, and Chapter 61 of Title 36 of the Official Code of Georgia Annotated, so as to permit a downtown development authority to be designated as a redevelopment agency and as an urban redevelopment agency.

The following Senate substitute was read:

A BILL
To amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, the "Downtown Development Authorities Law," Chapter 43 of Title 36 of the Official Code of Georgia Annotated, the "City Business Improvement District Act," Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," and Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," so as to permit a downtown development authority to be designated as a redevelopment agency and as an urban redevelopment agency; to provide definitions; to provide for the exercise of powers of eminent domain, with the approval of the municipal governing authority, by downtown development authorities and urban redevelopment agencies; to permit municipal corporations to contract with downtown development authorities for the implementation of projects within a city business improvement district; to authorize the creation of special districts by municipal corporations within a downtown area; to provide for the membership of downtown development authorities; to modify the provisions for property owner approval required to establish a city business improvement district; to provide for the preservation of historic property in urban redevelopment projects; to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to change the definition of "project"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 42 of Title 36 of the Official Code of Georgia Annotated, the "Downtown Development Authorities Law," is amended by striking paragraph (6) of Code Section 36-42-3, relating to definitions, and inserting in lieu thereof the following:
"(6) 'Project' means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, any undertaking authorized by Chapter 36 of this title as part of a central business improvement district, any undertaking authorized in Chapter 44 of this title, the "Redevelopment Powers Law," when the downtown development authority has been designated as a redevelopment agency, or any undertaking authorized in Chapter 61 of this title, the "Urban Redevelopment Law," when the downtown development authority has been designated as an urban redevelopment agency, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the downtown development area its authorized area of operation. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determine, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter. Such term shall include any one or more buildings or structures

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used or to be used as a not for profit hospital, not for profit skilled nursing home, or not for profit intermediate care home subject to regulation and licensure by the Department of Human Resources and all necessary, convenient, or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities."
Section 2. Said chapter is further amended by striking Code Section 36-42-4, relating to creation of downtown development authorities, and Code Section 36-42-7, relating to qualifications of downtown development directors, and inserting in lieu thereof the following:
"36-42-4. There is created in and for each municipal corporation in this state a public body corporate and politic to be known as the downtown development authority of such municipal corporation, which shall consist of a board of seven directors. The governing body of the municipal corporation shall appoint two members of the first board of directors for a term of two years each, two for a term of four years each, and three for a term of six years each. The governing body of the municipal corporation may appoint one of its elected members as a member of the downtown development authority. After expiration of the initial terms, except for the director who is also a member of the governing body of the municipal corporation, the terms of all directors shall be six years. The term of a director who js also a member of the governing body of a municipal corporation shall end when such director is no longer a member of the governing body of the municipal corporation. If at the end of any term of office of any director a successor to such director has not been elected, the director whose term of office has expired shall continue to hold office until his successor is elected. A majority of the board of directors shall constitute a quorum."
"36-42-7. (a) Directors shall be: (1) Taxpayers residing in the municipal corporation for which the authority is cre-
ated; (2) Owners or operators of businesses located within the downtown development
area and who shall be taxpayers residing in the county in which is located the municipal corporation for which the authority is created; or
(3) Persons having a combination of the qualifications specified in paragraphs (1) and (2) of this subsection;; provided, however, that one of such directors may be a member of the governing body of the municipal corporation. (b) Not less than four of the directors having the qualifications specified in subsection (a) of this Code section shall be persons who, in the judgment of the governing body of the municipal corporation, either have or represent a party who has an economic interest in the redevelopment and revitalization of the downtown development area. Successors to the directors shall be appointed by the governing body of the municipal corporation. (c) 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 actual expenses incurred by them in the performance of their duties. Each authority shall have perpetual existence. (d) Except for a director who is also a member of the governing body of a municipal corporation, each director shall attend and complete at least eight hours of training on downtown development and redevelopment programs within the first 12 months of a director's appointment to the downtown development authority. Directors in office on January 1^ 1992, shall be exempt from this requirement unless reappointed for an additional term."
Section 3. Said chapter is further amended by striking paragraphs (20) and (21) of Code Section 36-42-8, relating to powers of authorities, and inserting in lieu thereof the following:
"(20) 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; and

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(21) To do all things necessary or convenient to carry out the powers conferred by this chapter; j
(22) To serve as an urban redevelopment agency pursuant to Chapter 61 of this title; (23) To contract with a municipal corporation to carry out supplemental services in a city business improvement district established pursuant to Chapter 43 of this title; and (24) To serve as a redevelopment agency pursuant to Chapter 44 of this title."
Section 4. Said chapter is further amended by inserting, following Code Section 36-42-8, a new Code Section 36-42-8.1 to read as follows:
"36-42-8.1. (a) Except as otherwise provided in subsection (c) of this Code section, a municipality or a downtown development authority shall have the right to acquire, by exercise of the power of eminent domain, any real property which it may deem necessary for its purposes under this chapter after its adoption of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. A municipality or a downtown development authority may exercise the power of eminent domain in the manner provided in Title 22 or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of such power. Property already devoted to a public use may be acquired, provided that no real property belonging to the municipality, a county, the state, or any political subdivision thereof may be acquired without its consent.
(b) Whenever condemnation proceedings are instituted and carried on by a municipality or downtown development authority in accordance with subsection (a) of this Code section or through any other method of condemnation provided by law, upon the payment by the municipality or county seeking condemnation of the amount of the award and final judgment on appeal, the municipality or downtown development authority shall become vested with a fee simple indefeasible title to the property to which the condemnation proceedings relate.
(c) A downtown development authority may not acquire real property through the exercise of the power of eminent domain until the following conditions and requirements have been met:
(1) The proposed rehabilitation of the property must be set forth in a downtown development plan adopted by the municipality and incorporated in any comprehensive plan of the municipality submitted to the Department of Community Affairs pursuant to Chapter 70 of this title;
(2) The governing body of the municipality shall adopt a resolution approving the proposed use of eminent domain power by the downtown development authority;
(3) The downtown development authority shall, in writing, notify the owner of the real property proposed to be acquired of the planned rehabilitation of the property as set forth in the downtown development plan for the downtown development area wherein the property is located;
(4) Within 30 days after being so notified, the owner of the property shall have the option of notifying the downtown development authority, in writing, of his willingness and intention to rehabilitate and maintain the property in accordance with the downtown development plan. In the event of multiple ownership of the property, unanimous agreement by the owners shall be required, and the failure of any one owner to notify the downtown development authority within the time limitations specified in this paragraph of his willingness and intention to rehabilitate and maintain the property in accordance with the downtown development plan shall be deemed to be a failure to exercise the option provided in this paragraph; and
(5) The owner of such property may execute an agreement with the downtown development authority to rehabilitate the property in accordance with the downtown development plan. Any such agreement shall be as the downtown development authority deems necessary and appropriate as to form and content. In connection therewith, the downtown development authority shall have the right to require sufficient performance, payment, and completion bonds. In the event that any such owner, at any time, fails to comply with or defaults in the performance of the provisions of the agreement, such property shall no longer be subject to the agreement, the option provided by paragraph (4) of this subsection shall no longer apply, and the property may

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be acquired by the downtown development authority by purchase or through the exercise of the power of eminent domain. In the alternative, the downtown development authority may either specifically enforce the agreement, exercise any rights under any bonds which may have been required, and obtain any other legal or equitable relief as may be available to the downtown development authority or, if the owner fails to exercise the option to rehabilitate the property or defaults on the agreement to rehabilitate the property, the downtown development authority may implement those portions of the downtown development plan with respect to such property to the extent the authority deems necessary and the costs of implementing such plan shall be a lien against the property enforceable in the same manner as a lien for taxes."
Section 5. Said chapter is further amended by adding, following Code Section 36-42-15, a new Code Section 36-42-16 to read as follows:
"36-42-16. Pursuant to Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia, municipalities may create one or more special districts within the area of operation of a downtown development authority for the purpose of levying and collecting taxes, fees, or assessments to pay the cost of any project or to support the exercise of any other powers which the authority may possess."
Section 6. Chapter 43 of Title 36 of the Official Code of Georgia Annotated, the "City Business Improvement District Act," is amended by striking Code Section 36-43-4, relating to powers of municipalities with respect to city business improvement districts, Code Section 36-43-5, relating to the manner of adoption of a district plan, and Code Section 36-43-6, relating to financing of such districts, and inserting in lieu thereof the following:
"36-43-4. Upon the establishment of any city business improvement district pursuant to this chapter, the governing authority of any municipality to which this chapter is applicable shall have authority to exercise the following powers with respect to each such district, subject to this chapter:
(1) To adopt a district plan for the provision of supplemental services to the district and to adopt budgets for the implementation of such supplemental services;
(2) To fix and levy annually a millage upon real and personal property within the district, to make such assessments liens upon the properties, and to enforce such liens in the same manner as other city taxes;
(3) To provide supplemental services or to contract with nonprofit corporations or to contract with downtown development authorities established pursuant to Chapter 42 of this title for all or part of the supplemental services required to implement the plan;
(4) To mandate design and rehabilitation standards for buildings located within the district subject to any existing or established historic preservation requirements or ordinances; and
(5) To levy and collect a surcharge on existing business license and occupation taxes upon businesses and occupations within the district^ and to enforce liens for nonpayment of said surcharges in the same manner as other city taxes. 36-43-5. The governing authority of any municipality to which this chapter is applicable may create city business improvement districts by the adoption of district plans, as follows:
(1) No such plan may be adopted except upon a written petition signed and acknowledged by either:
(A) At least TO 51 percent of the municipal taxpayers (as shown by the most recent list of taxpayers billed by the municipality) of the district proposed for creation or extension; or
(B) Municipal taxpayers owning at least TO 51 percent (by assessed value as shown by the most recent assessment rolls of the municipality) of the taxable property subject to ad valorem real and personal property taxation in the district; (2) Such petition must be accompanied by a proposed district plan, to include a budget, a formula for imposing assessments on the taxpayers within the district, and design and rehabilitation standards, if desired;

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(3) The petition shall be presented to the governing authority of the municipality, which shall refer it to the appropriate municipal departments for review of its sufficiency, reasonableness of assessments, and financial feasibility of the plan. These departments shall submit to the governing authority reports which shall approve of, disapprove of, or give qualified approval with modifications to the district plan, with reasons therefor. The governing authority shall hold a public hearing on the issue of whether such district should be created, provided that notice of the hearing shall be placed in a newspaper of general circulation in the community at least ten days prior to the date of the hearing. The governing authority may approve, approve with modifications, or disapprove the plan; and
(4) Any district plan thus adopted may be amended from time to time or rescinded; or its budget may be revised by ordinance. 36-43-6. The expense incurred in the provision of supplemental services within a district shall be financed in accordance with the district plan upon which the establishment or extension of the district was based, provided that the cost of supplemental services shall not include the cost to the district of services performed by the municipality on a city-wide basis. Property Any property tax charges and or business license fee and occupation tax surcharges shall be levied and collected in the same manner, at the same time, and by the same officers as other city taxes and assessments."
Section 7. Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," is amended by striking paragraph (7) of Code Section 36-44-3, relating to definitions, and inserting in lieu thereof the following:
"(7) 'Redevelopment area' means: (A) Any urbanized and developed area in which the structures, buildings, or
improvements, by reason of dilapidation, deterioration, age, or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, high unemployment, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare;
(B) Any urbanized or developed area which by reason of the presence of a predominant number of substandard, slum, deteriorated, or deteriorating structures; the predominance of defective or inadequate street layout; inadequate parking, roadways, bridges, or public transportation facilities incapable of handling the volume of traffic flow into or through the area, either at present or following proposed redevelopment; the faulty lot layout in relation to size, adequacy, accessibility; or usefulness; unsanitary or unsafe conditions; j deterioration of site or other improvements; the diversity of ownership, tax, or special assessment delinquency exceeding the fair value of the land; diversity of ownership on defective or unusual conditions of title which prevent or encumber the free alienability of land; or the existence of conditions which endanger life or property by fire and other causes; or any combination of the foregoing, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations or employment opportunities; or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use;
(C) Any open area located within an urbanized or developed area within the corporate limits of a municipality which is predominantly open and which because of obsolete platting, diversity ef- ownership, deterioration of structures frr ttf ttc improvements, ef otherwise any factor or combination of factors enumerated in subparagraph (A) or (B) of this paragraph substantially impairs or arrests the sound growth of the community;
(D) Any area located within an urbanized or developed area and which, immediately prior to becoming an open area, qualified as a redevelopment area under subparagraph (A) or (B) of this paragraph;
(E) Any area located within an urbanized or developed area which is substantially underutilized by containing open lots or parcels of land or by containing a substantial

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1893

number of buildings or structures which are 40 years old or older or by containing structures or buildings of relatively low value as compared to the value of structures or buildings in the vicinity of the area or by having development impaired by airport and related transportation noise or by related environmental factors or an area in which there is a shortage of housing that is affordable for persons of low or moderate income which the local legislative body designates as appropriate for community redevelopment or by any combination of the foregoing factors; or
(F) Any area combining any factors specified in subparagraphs (A) through (E) of this paragraph."
Section 8. Said chapter is further amended by striking subsection (a) of Code Section 36-44-4, relating to creation of a redevelopment agency, and inserting in lieu thereof the following:
"(a) As an alternative to the creation of a redevelopment agency provided for by subsections (b) through {e} (f) of this Code section, the local legislative body of a political subdivision, by resolution, may designate itself as its respective redevelopment agency and may exercise, within its respective area of operation, the redevelopment powers provided by this chapter."
Section 9. Said chapter is further amended by adding, following subsection (e) of Code Section 36-44-4, relating to creation of a redevelopment agency, a new subsection (f) to read as follows:
"(f) For purposes of redevelopment in its downtown area, any municipality may designate a downtown development authority created pursuant to Chapter 42 of this title to serve as a redevelopment agency. Such designation shall not affect any other redevelopment agency that may exist as a part of the municipality. The area of operation of any downtown development agency designated as a redevelopment agency pursuant to this subsection shall not exceed the area of operation of the downtown development authority established pursuant to Chapter 42 of this title."
Section 10. Said chapter is further amended by striking subsection (b) of Code Section 36-44-6, relating to delegation of redevelopment powers to the agency by local body, in its entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) Any delegation of redevelopment powers pursuant to the authority of subsection (a) of this Code section shall be limited by the following requirements:
(1) Any redevelopment plan must be approved by resolution of the local legislative body of the political subdivision as a condition precedent to the implementation of said redevelopment plan, and such approval shall be subject to the requirements of Code Section 36-44-7;
(2) The boundaries of any redevelopment area must be described by resolution of the local legislative body of the political subdivision;
(3) A tax allocation district must be created by resolution of the local legislative body of the political subdivision;
(4) The issuance of any tax allocation bonds shall be by resolution of the local legislative body of the political subdivision;
(5) he Except as provided in subsection (c) of this Code section, the power of eminent domain may only be exercised under this chapter by the local legislative body of a political subdivision; and
(6) A local legislative body may not delegate to a redevelopment agency created under subsection (b), (c), (d), or (e) of Code Section 36-44-4 any urban redevelopment project powers except those which may be conferred on an urban redevelopment agency under Code Section 36-61-17 of the 'Urban Redevelopment Law.' (c) A downtown development authority which has been designated as a redevelopment agency pursuant to this chapter may exercise the powers of eminent domain subject to the procedures established in Chapter 42 of this title."
Section 11. Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevelopment Law," is amended by inserting, following paragraph (6) of Code Section 36-61-2, relating to definitions, a new paragraph (7) to read as follows:

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"(7) 'Downtown development authority' means an authority created pursuant to Chapter 42 of this title.", and by renumbering the remaining paragraphs accordingly.
Section 12. Said chapter is further amended by striking paragraph (17) of Code Section 36-61-2, relating to definitions, and inserting in lieu thereof the following:
"(17) 'Slum area' means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; existence of conditions which endanger life or property by fire and other causes; or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare. 'Slum area' also means an area which by reason of the presence of a substantial number of slum, deteriorated, or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; tax or special assessment delinquency exceeding the fair value of the land; the existence of conditions which endanger life or property by fire and other causes; by having development impaired by airport or transportation noise or by other environmental hazards; or any combination of such factors substantially impairs or arrests the sound growth of a municipality or county, retards the provisions of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use."
Section 13. Said chapter is further amended by striking paragraphs (2) and (8), respectively, of Code Section 36-61-8, relating to urban redevelopment powers of municipalities and counties, in their entirety and inserting in lieu thereof the following:
"(2) To provide, to arrange, or to contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with an urban redevelopment project and to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements, provided that neither the municipality or county itself nor an urban redevelopment agency or housing authority or downtown development authority acting pursuant to an election under Code Section 36-61-17 shall provide, install, or construct any public utility of the same kind or character as an existing utility operating in the municipality or county if such existing utility is providing reasonably adequate and proper service, as determined by the Public Service Commission; and to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or to compliance with labor standards in the undertaking or carrying out of an urban redevelopment project, and to include, in any contract let in connection with such a project, provisions to fulfill auch ef such conditions as it may deem reasonable and appropriate;".
"(8) To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this chapter and to levy taxes and assessments for such purposes; to close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places; to plan or replan, zone, or rezone any part of the municipality or county or make exceptions from building regulations; and to enter into agreements, under Code Section 36-61-17, with a housing authority2 a downtown development authority, or an urban redevelopment agency vested with urban redevelopment project powers; (which agreements may extend over af*y period, notwithstanding ay provision or rvAe ef law te the contrary for ug to 50 years) respecting action to be taken by such municipality or county pursuant to any of the powers granted by this chapter. The reasonable costs of removing, relocating, and rearranging public utility facilities within urban renewal areas may constitute a cost of carrying out the purposes of this chapter, and every municipality and county may, in their discretion, pay such reasonable costs or any portion thereof;".

TUESDAY, MARCH 3, 1992

1895

Section 14. Said chapter is further amended by striking subsection (c) of Code Section 36-61-9, relating to exercise of the power of eminent domain, in its entirety and inserting in lieu thereof the following:
"(c) Unless the property is to be acquired for the purpose of devoting it to a public use, a municipality or county may not acquire real property through the exercise of the power of eminent domain pursuant to subsection (a) of this Code section until the following conditions and requirements have been met:
(1) The municipality or county which adopted the urban redevelopment plan has approved a resolution authorizing the exercise of the power of eminent domain by the agency to acquire the property;
{1} (2) The municipality or county shall, in writing, notify the owner of the real property proposed to be acquired of the planned se rehabilitation of the property as set forth in the urban redevelopment plan for the urban redevelopment area wherein the property is located;;
(2) (3) Within 30 days after being so notified, the owner of the property shall have the option of notifying the municipality or county, in writing, of his willingness and intention to develop rehabilitate and maintain the property in accordance with the urban redevelopment plan. In the event of multiple ownership of the property, unanimous agreement by the owners shall be required; and the failure of any one owner to notify the municipality or county, within the time limitation specified in this paragraph, of his willingness and intention to develop rehabilitate and maintain the property in accordance with the urban redevelopment plan shall be deemed to be a failure to exercise the option provided in this paragraph; j
\o) w ncn tnc owner or sucn real property exercises tnc option provided uy paragraph 42} ef this subsection, the municipality er county shall make an investigation
anee with the urban redevelopment plan. In making such investigation, the municipality of cotHrty snsii exflmine tnc iinsncisl ftfid le^dl QDiiity ot trie owner QIIQ sucn o*ncp
\4) XT tnc mumcipfllity 0f county determines tnflt tne owner ot sucn redl propc11y rifls tne ftoility to develop find mflintflin tne property tft flccordflnce wttfi tne urDsn redevelopment plan, the The owner shall have the right te retain ownership of the property by executing may execute an agreement with the municipality or county to develop and maintain rehabilitate the property in accordance with the urban redevelopment plan. Any such agreement shall be as the municipality or county deems necessary and appropriate as to form and content; in connection therewith, the municipality or county shall have the right to require sufficient performance, payment, and completion bonds. In the event that any such owner, at any time, fails to comply with or defaults in the performance of the provisions of the agreement, such property shall no longer be subject to the agreement, the option provided by paragraph {2} (3) of this subsection shall no longer apply, and the property may be acquired by the municipality or county by purchase or through the exercise of the power of eminent domain? in . In the alternative, the municipality or county may either specifically enforce the agreement, exercise any rights under any bonds which may have been required, and obtain any other legal or equitable relief as may be available to the municipality or county or, if the owner fails to exercise the option to rehabilitate the property or defaults on the agreement to rehabilitate the property, the municipality or county may implement those portions of the urban development plan with respect to such property to the extent the municipality or county deems necessary and the costs of implementing such plan shall be a lien against the property enforceable in the same manner as tax liens."
Section 15. Said chapter is further amended by striking subsection (a) of Code Section 36-61-17, relating to the exercise of urban redevelopment powers by counties and municipalities, in its entirety and inserting in lieu thereof the following:
"(a) A municipality or county may itself exercise its 'urban redevelopment project powers,' as defined in subsection (b) of this Code section, or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such

1896

JOURNAL OF THE HOUSE,

powers exercised by the urban redevelopment agency created by Code Section 36-61-18 or by a housing authority, if one exists or is subsequently established in the communityj or by an existing or subsequently established downtown development authority. In the event that the local governing body makes such determination, the urban redevelopment agency or the housing authority or downtown development authority, as the case may be, shall be vested with all of the 'urban redevelopment project powers' of the municipality or county conferred in this chapter, in the same manner as though all such powers were conferred on the agency or authority instead of the municipality or county; and any public body may cooperate with the urban redevelopment agency or housing authority or the downtown development authority to the same extent that it could cooperate with the municipality or county itself if the municipality or county were exercising its urban redevelopment project powers. If the local governing body does not elect to make such determination, the municipality or county in its discretion may exercise its urban redevelopment project powers through a board or commissioner or through such officers of the municipality or county as the local governing body may by resolution determine."
Section 16. Said chapter is further amended by striking subsection (b) of Code Section 36-61-18, relating to creation of an urban redevelopment agency, in its entirety and inserting in lieu thereof the following:
"(b) If the urban redevelopment agency is authorized to transact business and exercise powers under this Code section, the mayor, by and with the advice and consent of the local governing body, or the board of commissioners or other governing body of the county shall appoint a board of commissioners of the urban redevelopment agency, which shall consist of such number of commissioners, with such terms of office, as shall be determined by the local governing body. If the governing body of a municipality designates members of a downtown development authority as an urban redevelopment agency, the method of appointment, number of commissioners, and terms of office shall be in conformity with the requirements of Code Section 36-42-4."
Section 17. Said chapter is further amended by striking subsection (b) of Code Section 36-61-19, relating to acquisition by redevelopment agency employee of interest in redevelopment project of the agency, in its entirety and inserting in lieu thereof the following:
"(b) Ne Except for directors of a downtown development authority designated as an urban redevelopment agency pursuant to this chapter, no commissioner or other officer of any housing authority, urban redevelopment agency, board, or commission exercising powers pursuant to this chapter shall hold any other public office under the municipality or county other than his commissionership or office with respect to such housing authority, urban redevelopment agency, board, or commission."
Section 18. Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," is amended by striking from Code Section 36-62-2, relating to definitions, the word "and" at the end of subparagraph (L) of paragraph (6); by striking the symbol "." at the end of subparagraph (M) of such paragraph and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of such paragraph the following:
"(N) The acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determines, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter."
Section 19. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 3, 1992

1897

Representative Lane of the 27th moved that the House agree to the Senate substitute to HB 1102.
On the motion, the ayes were 113, nays 0.
The motion prevailed.

HB 1651.

By Representatives Bates of the 141st, Long of the 142nd, Titus of the 143rd, Purcell of the 129th and Royal of the 144th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs for judges of the probate courts, so as to repeal subsections providing for a different schedule of costs for judges of the probate courts in counties having a population of not less than 25,400 nor more than 25,900, and in counties having a population of not less than 38,000 nor more than 38,200 according to the United States decennial census of 1980 or any future such census.

The following Senate substitute was read:

A BILL

To amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts, so as to change the provisions relating to population brackets and the census relating to certain costs in certain counties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts, is amended by striking subsections (e) and (f) of said Code section and inserting in lieu thereof new subsections (e) and (f) to read as follows:
"(e) Notwithstanding the provisions of subsections (a) through (d) of this Code section, in all counties of this state having a population of not less than 26,400 38,600 nor more than 26,900 39,500 according to the United States decennial census of 1986 1990 or any future such census, the judges of the probate courts are entitled to the following court costs:
(1) For specific services: (A) Temporary letters of administration:

Receiving applications; docketing and filing applications; services in determining necessity for temporary administration and entitlement of petitioner or other nominee thereto; order appointing bond, taking, approving, and filing; issuing oath; and issuing letters; excluding recording cost............................................

$ 58.00

(B) Permanent letters of administration:

Receiving applications; docketing and filing applications; granting and issuing citation and copy for legal gazette; services in determining statutory compliance in publication of citation, residence and intestacy of deceased, necessity for administration, and entitlement of petitioner or other nominee thereto; order of appointment; bond, taking, approving, and filing; issuing oath; and issuing letters; excluding recording cost....................................

65.00

(C) Cost of probating wills in common form:

Receiving and filing will; receiving application; docketing and filing application; hearing evidence on probate and determining

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JOURNAL OF THE HOUSE,

issue of devisavit vel non; order of probate and appointing executor; and issuing letters; excluding recording cost...................
(D) Cost of probating wills in solemn form:
Filing will for purpose of probating 'in solemn form'; receiving application; docketing and filing application; order for service, including all citations issued in connection therewith; hearing evidence upon the probate and determining issue of devisavit vel non; order of probate and appointing executor (or order denying same); oath of executor; and issuing letters; excluding recording cost..........................................................................................
(E) Guardian ad litem (in probate of wills in solemn form and in all other proceedings where such is necessary):
Services in determining necessity for the appointment of guardian ad litem; receiving and examining answer of guardian ad litem; and copy of service; excluding recording cost...................................
(F) Letters of guardianship of minors (includes temporary and permanent guardianships of the person or property):
Receiving application; docketing and filing application and issuing all necessary citations, if any; services in determining necessity therefor and entitlement of petitioner or other nominee thereto; order appointing guardian; bond, taking, approving, and filing (person or property); issuing oath; and issuing letters; excluding recording cost........................................................................................
(G) Year's support:
All service of the probate court (except sheriff services and advertising), excluding recording cost..........................................................
Recording certificate in superior court shall be $3.00 for the first page and $2.00 for each additional page.
(H) Conveying or encumbering a year's support:
Whole service, excluding recording cost.................................................
(I) Division in kind:
Receiving application; docketing and filing application; order appointing freeholders; commission to freeholders; and recording plat (see clerk's fees); excluding recording cost........................
(J) Compromise claim:
Receiving application; docketing and filing application; services in hearing evidence for determination of the matter; and final order; excluding recording cost...........................................................
(K) Returns Annual and final:
Receiving return; filing, docketing, and examining annual and final returns of executors, administrators, trustees, and guardians; oath; and order admitting, return to record:
Of all estates worth not more than $5,000.00, excluding recording cost................................................................................................

46.00
58.00 20.00
50.00 56.50 39.00 34.50 19.00 28.00

TUESDAY, MARCH 3, 1992
Of all estates worth more than $5,000.00, excluding recording cost.......................................................................................................
(L) Dismission of administrator, executor, or guardian:
Receiving application; docketing and filing application; granting citation; services in determining statutory compliance in publication of citation and entitlement of applicant to dismission; and issuing letters; excluding recording cost....................................
(M) Habeas corpus:
Receiving application; docketing and filing application; issuance of writ; and filing answer of respondent; excluding recording cost...
(N) Order of title:
Receiving application; docketing and filing application; granting citation; hearing evidence and determining matter; and order; excluding recording cost......................................................................
(0) Establishment of lost papers:
Receiving application; docketing and filing application; granting citation or notice; and order; excluding recording cost...................
(P) Constitutional homesteads:
For the whole service in setting apart of homestead of realty and personalty when not litigated..............................................................
Where objections or demurrer is filed and heard, in addition to the proceedings....................................................................................
Surveyor, actual charge made (not included in fee base)...................
(Q) Statutory homestead (pursuant to Code Section 44-13-100):
For whole services in setting apart short homestead exemption....... 15.00
(R) Nonwaiverable homestead exemption (pursuant to Code Section 44-13-42):
Short homestead, $300.00 limit...............................................................
(S) Mental illness (petition to determine the issue of hospitalization under Chapter 3 of Title 37):
For whole service in connection with each mental illness case..........
For services when petition filed but subsequently withdrawn or dismissed before hearing......................................................................
(T) Letters of guardianship for mentally ill, mentally retarded, or mentally incompetent:
For whole service, including hearing ($40.00) and appointment of guardianship ($28.50)...........................................................................
(U) Inventory and appraisement:
Whole service for inventory, excluding recording cost........................
Whole service for appraisement, excluding recording cost.................

1899 36.00
56.50 51.50 15.00 15.00 15.00 5.00
4.00 40.00 20.00
68.50 7.50 7.50

1900

JOURNAL OF THE HOUSE,

(V) Sale of realty, personalty, or perishable property under administration or guardianship:
Sale of perishable personalty, excluding recording cost......................
(W) Leave of sale of realty and nonperishable personalty:
Public sale...................................................................................................
Private sale.................................................................................................
(X) Sale bill:
Whole service for same, excluding recording cost................................
(Y) No administration:
Receiving application; filing and docketing same; granting and issuing citation and copy for legal gazette; service in determining statutory compliance in publication of citation, intestacy of decedent, his heirs and being sui juris, property of decedent, no debts, and agreement amicably to divide estate, etc.; and issuing order of 'No Administration Necessary'; excluding recording cost..........................................................................................................
(Z) Petition for attorney's fee:
Receiving application; filing and docketing the same; services in hearing and determining allegations of applications; and order; excluding recording cost......................................................................
(AA) Puc safety patrol trial:
Holding trial...............................................................................................
Receiving written application for warrant.............................................
(BB) Petition for change of birth certificate:
Whole service for same.............................................................................
(2) For general services:
(A) Recording, per page.............................................................................
(B) All pleadings, amendments, motions, etc., excluding recording cost, per page....................................................................................
(C) Photostatic copies (for use as plain copies or as parts of cert. copies), per page..............................................................................
(D) All contested hearings (uncontested hearings included in base fee), per day......................................................................................
(E) All contested hearings (uncontested hearings included in base fee), per one-half day or less..........................................................
(F) Exemplified copies, base fee...............................................................
Cost per page..............................................................................................
(3) For miscellaneous services:
(A) Applicant to pay all publications costs of citations, notices, etc., at the usual legal rate, in all manner when such

40.00 37.00 51.50 3.00
44.00
25.00 6.50 3.50 25.00 $ 1.50 2.50 .25 20.00 10.00 3.00 .25

TUESDAY, MARCH 3, 1992
required. For receiving any application, petition, or case where no costs are prescribed.......................................................
(B) For every case litigated before the judge of the probate court where no costs are prescribed, per day........................................
(C) For every case litigated before the judge of the probate court where no costs are prescribed, per one-half day minimum charge................................................................................................
(D) For filing and docketing any application, case, or petition where no costs are prescribed.......................................................
(E) For every order passed where no costs are prescribed, provided that no fee shall be charged for drawing checks, orders, drafts, or warrants on the county treasury or county depository....................................................................................................
(F) For each affidavit where no case is pending before the judge of the probate court.............................................................................
(G) For issuing process against a person for not making return.........
(H) For rule nisi..........................................................................................
(I) For each subpoena................................................................................
(J) For hearing election contests, to be taxed as cost per day ............ 20.00
(K) For certificate of residency................................................................
(L) For recording marks and brands.......................................................
(M) For bond when necessary ..................................................................
(N) For recording vouchers.......................................................................
(0) Base fee for entering an appeal and transmitting the proceeding to superior court.......................................................................
Cost per page of document......................................................................
(Provided, however, that where a transcript of the evidence and proceedings is filed with the court and does not require recopying, the court shall not receive $1.50 per page for the transcript of evidence.)
(P) For filing and recording an official bond of county officers (to be paid by county)..........................................................................
(Q) For taking and recording oath of county officer (to be paid by county)..............................................................................................
(R) For each fi. fa. issued by the clerk of the probate court...............
(S) For seal and certificate........................................................................
(T) Disabled veterans, certificate of eligibility, filing fee.....................
(U) For every explosive permit.................................................................
(V) For every peddler's license.................................................................
(W) For certified copy of letters of administration, letters testamentary, or guardianship, including seal and certificate.........

1901
$ 8.00 20.00
10.00 8.00
1.00 .50 10.00 10.00 .50
3.50 5.00 4.00 .25 5.00 1.50
3.00 5.00 3.00 3.00 3.00 20.00 3.00 3.00

1902

JOURNAL OF THE HOUSE,

(X) For services in making settlement of accounts of administrators, executors, and guardians (when contested).......................

20.00

(Y) For registration of corporation, business profession, or com-

modity subject to special tax, each ..............................................

1.00

(Z) For every pistol license issued............................................................

20.00

(AA) For preparing all papers, appointing managers, consolidating returns in general and special election, each ballot box..........

30.00

(BB) For petition for removal or accounting by any fiduciary (whole service does not include costs of certified or registered mail, sheriffs service or advertising; base cost does not include a certified copy).................................................................................

25.00

(CO For examining book and giving extract or fact that information

sought is not therein......................................................................

1.50

(DD) For safekeeping a will........................................................................

5.00

(EE) For petition to encroach if amount of encroachment is $500.00

or less................................................................................................

15.00

(FF) For petition to encroach over $500.00..............................................

30.00

(GG) For granting letters of administration CTA, DBN, or DBNCTA, whole service........................................................................

40.00

(HH) For granting letters to successor executor.....................................

51.50

(II) For petition to determine heirs...........................................................

54.50

(JJ) For petition to enter safe-deposit box ..............................................

10.00

(KK) For receiving marriage application, issuing marriage license,

arecording (whole service)............................................................

10.00

(LL) For petition to accept funds for custody of minors, incompe-

tents, and missing heirs (percentage of funds deposited)........

5%

(MM) For every service required and performed where no fees are specified, the same fees allowed the clerks of the superior courts for similar services for a like amount of labor shall be allowed.

The judges of the probate courts in such counties are entitled to an advance cost of $30.00 for deposit to be made before filing any proceeding, where required in accordance with Code Section 15-9-61.
(f) Notwithstanding th provisions ef- subsection {) ef this Code section, aH coun-
rj\jf<\-jr|\j\ut\naitt\iur\ini \ff\tf rn\ui\t+/ lloeasas fmKanrni OoQo,AuAwA/ rtt\\fj\Tr rinv>ur\rreo jt-iVitiottf oQQojO\A/Av

ef this Code section Reserved." Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Bates of the 141st moved that the House agree to the Senate substitute to HB 1651.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

TUESDAY, MARCH 3, 1992

1903

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

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1947 Do Pass, by Substitute HB 1955 Do Pass, by Substitute
Respectfully submitted, /s/ Reaves of the 147th
Chairman

Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1816 Do Pass
Respectfully submitted, /s/ Holmes of the 28th
Chairman

Representative Dunn of the 73rd District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

HB 1775 Do Pass, by Substitute HB 1899 Do Pass HB 1922 Do Pass, by Substitute

HB 1933 Do Pass HB 1971 Do Pass, by Substitute SB 564 Do Pass, by Substitute

Respectfully submitted, /s/ Dunn of the 73rd
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:

1904
HB 1084 Do Pass SB 592 Do Pass SB 593 Do Pass

JOURNAL OF THE HOUSE,
Respectfully submitted, /a/ 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 Senate and has instructed me to report the same back to the House with the following recommendations:
HR 731 Do Pass SR 443 Do Pass
Respectfully submitted, Is/ Lee of the 72nd
Chairman

Representative Benefield of the 72nd 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 1904 Do Pass, by Substitute HR 976 Do Pass SR 477 Do Pass
Respectfully submitted, Is,/ Benefield of the 72nd
Chairman

Representative Godbee of the 110th District, Vice-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 1692 Do Pass HB 1537 Do Pass, by Substitute HB 1927 Do Pass
Respectfully submitted, /s/ Godbee of the 110th
Vice-Chairman

TUESDAY, MARCH 3, 1992

1905

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.

1906

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, March 4, 1992

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. F. Hugh Kirby, Pastor, First Baptist Church, Hartwell, ''eorgia.
The members pledged allegiance to the flag.
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 1996. By Representative Davis of the 77th: A bill to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes for certain residents of that county and school district.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1997. By Representatives Herbert of the 76th and Kilgore of the 42nd: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to redefine certain terms; to authorize the Nonpublic Postsecondary Education Commission to contract with the United States Department of Education.
Referred to the Committee on Education.

WEDNESDAY, MARCH 4, 1992

1907

HB 1998. By Representative Beatty of the 12th:
A bill to amend an Act providing a new charter for the City of Commerce, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1999. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, so as to change the descriptions of the education districts for that board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2000. By Representative Reaves of the 147th:
A bill to repeal an Act providing for the compensation of the county clerk in all counties in the state having a population of not less than 2,100 nor more than 2,300 according to the United States decennial census of 1980 or any future such census.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2001. By Representative Reaves of the 147th:
A bill to repeal an Act fixing the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2002. By Representatives Holland of the 136th and Hudson of the 117th:
A bill to amend an Act to provide for the election of members of the board of education of Turner County, so as to provide new education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2003. 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 provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2004. By Representatives Holland of the 136th and Hudson of the 117th:
A bill to amend an Act creating a board of commissioners of Turner County, so as to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2005. By Representative Holland of the 136th:
A bill to amend an Act to provide for the election of a chairman and four members of the Worth County Board of Education, so as to provide new education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

1908

JOURNAL OF THE HOUSE,

HR 1008. By Representative Perry of the 5th: A resolution designating J. C. "Jake" Woods Avenue in the City of Trion.
Referred to the Committee on Transportation.

HR 1009. By Representative Davis of the 77th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize local school systems to impose, receive, and use proceeds of special purpose sales and use taxes for capital outlay projects for educational purposes.
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 1972 HB 1973 HB 1974 HB 1975 HB 1976 HB 1977 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 997 HR 998 HR 1006 HR 1007 SB 246 SB 319 SB 503 SB 554 SB 572 SB 700 SB 724 SB 725 SB 730 SB 733 SB 762 SR 474

Representative Kilgore of the 42nd 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 1295 Do Pass, by Substitute HB 1812 Do Pass, by Substitute HB 1871 Do Pass, by Substitute

HB 1873 Do Pass HB 1931 Do Pass, by Substitute

Respectfully submitted, /s/ Kilgore of the 42nd
Chairman

Representative Balkcom of the 140th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:

WEDNESDAY, MARCH 4, 1992

1909

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 457 Do Pass, by Substitute SB 464 Do Pass, as Amended
Respectfully submitted, Is/ Balkcom of the 140th
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 426 Do Pass, by Substitute HB 1755 Do Pass, by Substitute
Respectfully submitted, la/ Randall of the 101st
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 966 Do Pass
Respectfully submitted, lal 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 173 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 27th
Chairman

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

1910

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 has instructed me to report the same back to the House with the following recommendations:

HB 1359 Do Pass, by Substitute HB 1913 Do Pass HB 1951 Do Pass

HB 1958 Do Pass HB 1969 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, MARCH 4, 1992

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:

HB 1084 HB 1114 HB 1117 HB 1118 HB 1340 HB 1397 HB 1537 HB 1580 HB 1595 HB 1613 HB 1624 HB 1633 HB 1642 HB 1646 HB 1660 HB 1661 HB 1663 HB 1667 HB 1779 HB 1816 HB 1823

Lookout Mountain Judicial Circuit; add employees Certain counties; additional equalization boards; create Certain counties; additional equalization boards; repeal Fulton County; tax assessments; appeals and reviews Reapportionment; House of Representatives Disposition of unclaimed property; amend provisions Joint city-county boards of tax assessors; repeal certain Acts Practice of podiatry; definition(Postponed 3-4-92) County tax digest; evaluation cycle; provisions Sheriffs; qualifications; amend provisions Radio; competing utility service; prohibition; exception Natural gas; certain retail sales; not under jurisdiction of PSC Sprinkler system; certificate of competency; revocation Health ins; rate modifications and loss ratio guarantees; filing Certain fish; possession limits; prohibit transfer at sea DHR; actions against licensees; amend provisions High-voltage Safety Act; amend provisions Counties and municipalities; certain lake property; disposition Controlled substances; trafficking near playground; criminal offense Certain counties; absentee ballots; population classification Tuition equalization grants; define full-time student

HR 543 Univ System; earned credit hours; relative to expiration HR 874 Admiral Mack Gaston Parkway; designate

SB 567 Reapportionment; senatorial districts

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

Representative Groover of the 99th moved that HB 1913 be withdrawn from the Local Calendar and recommitted to the Committee on State Planning and Community Affairs - Local.

WEDNESDAY, MARCH 4, 1992

1911

The motion prevailed.

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

HB 1359.

By Representative Royal of the 144th:
A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the composition of the commissioner districts.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for a Board of Commissioners of Mitchell County, approved February 20, 1873 (Ga. L. 1873, p. 279), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4190), so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for a Board of Commissioners of Mitchell County, approved February 20, 1873 (Ga. L. 1873, p. 279), as amended, particularly by an Av'1 approved March 24, 1988 (Ga. L. 1988, p. 4190), is amended by striking Section 1 at, enacted by Section 1 of the 1988 amendatory Act (Ga. L. 1988, p. 4190) and inserting in its place a new Section 1 to read as follows:
"Section 1. (a) The Board of Commissioners of Mitchell County shall consist of five members to be elected from five single-member commissioner districts provided for in subsection (b) of this section. One commissioner shall be elected from each district. Each commissioner shall be a resident of the commissioner district from which elected. Each commissioner shall be elected by a majority of the voters voting within each respective district in an election therefor. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(b) The five commissioner districts for the election of each of the five members of the Board of Commissioners of Mitchell County shall be as follows:
Commissioner District: I
MITCHELL COUNTY VTD: 0005 BACONTON (Part) Tract: 9801. Block(s): 107, 114, 115, 116, 117, 189, 190, 191, 192, 193, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213A, 213B, 214A, 214B, 215, 216A, 216B, 217, 218, 219A, 219B, 220A, 220B, 221, 222, 223, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237A, 237B, 238, 239A, 239B, 240, 241, 242, 243, 244, 245, 246, 247A, 247B, 250, 251, 252, 253, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 276, 277, 278, 279, 280 VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 105, 106, 107, 108, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147,

1912

JOURNAL OF THE HOUSE,

148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 169, 170, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 220, 221, 301, 307, 308, 309, 311, 323, 324, 325, 326, 327, 328, 330, 331, 332, 333, 334A, 334B, 335, 336, 337A, 337B, 338, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350
Commissioner District: 2
MITCHELL COUNTY VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 165, 166, 167, 168, 171 Tract: 9804. Block(s): 146, 147, 148A, 148B, 148C, 148D, 148E, 149, 201, 202, 203, 204, 205, 206, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 227, 244, 245, 246A, 246B, 247A, 247B, 249, 301, 302, 303, 304, 305A, 305B, 306, 325, 327 Tract: 9806. Block(s): 101, 102, 103, 104 Tract: 9807. Block(s): 119, 120 VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 105A, 105B, 106A, 106B, 107, 108, 109, 110, 112, 114, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 201A, 201B, 202, 203, 204, 205, 206A, 206B, 207, 208, 209A, 209B, 210, 211A, 211B, 212, 213, 214, 215, 216A, 216B, 217, 218, 302 Tract: 9807. Block(s): 154B, 155
Commissioner District: 3
MITCHELL COUNTY VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 302, 303, 304, 305, 306, 310, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 329, 351, 352 Tract: 9804. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 426, 427, 428, 429, 430, 431A, 431B, 432, 433A, 433B, 461, 481, 482, 483 VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 215, 216, 217, 218, 219 Tract: 9804. Block(s): 207, 208, 209, 210, 211, 225, 226, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 248, 307A, 307B, 307C, 307D, 308, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320A, 320B, 321, 322, 323A, 323B, 323C, 324, 326, 328, 329, 330, 331, 332, 333, 334, 335, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457A, 457B, 458A, 458B, 458C, 459A, 462, 463A, 463B, 463C, 464A, 464B, 465, 466, 467, 468, 469A, 469B, 470, 471, 472, 473, 474, 475 Tract: 9806. Block(s): 301 VTD: 0025 FAIRCLOTH VTD: 0030 PARKER

WEDNESDAY, MARCH 4, 1992

1913

Commissioner District: 4
MITCHELL COUNTY VTD: 0020 COTTON AND HINSONTON (Part) Tract: 9807. Block(s): 130, 131, 132, 133, 134, 144, 145, 146, 147, 148, 149, 150A, 151, 152, 201, 203, 204, 205, 206, 207, 208, 254, 255, 256, 257, 258, 259, 260, 261, 263, 268, 269, 271 VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 111, 113, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 142, 143, 144, 145, 146, 147, 148, 149, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 335B, 336A, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 355, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444A, 444B, 445, 446, 447, 448, 449A, 449B, 450, 451, 452, 453, 454, 455 Tract: 9807. Block(s): 127, 128, 129, 150B, 153A, 153B, 154A, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179A, 179B, 180, 181A, 181B, 182, 183, 184, 185, 186, 209, 210, 211, 212A, 212B, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251A, 251B, 251C, 252, 253, 264, 265, 266, 267, 270, 272A, 272B, 273, 274, 275, 276, 277
Commissioner District: 5
MITCHELL COUNTY VTD: 0005 BACONTON (Part) Tract: 9801. Block(s): 134A, 134B, 135, 136, 137, 138, 139, 187, 188, 248A, 248B, 249, 272, 273, 274, 275 VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 101, 102, 103, 104, 109, 110, 111, 112, 113, 114A, 114B, 115, 159, 160, 161, 162, 163, 164 VTD: 0015 CAMILLA SOUTH (Part) Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 150, 151 VTD: 0020 COTTON AND HINSONTON (Part) Tract: 9802. Block(s): 231, 232, 233, 240, 241, 242, 243, 244, 245, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267 Tract: 9807. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 135, 136, 137, 138, 139, 140, 141, 142, 143, 187, 188, 189, 190, 191, 192, 202, 262

1914

JOURNAL OF THE HOUSE,

VTD: 0035 PEBBLE CITY VTD: 0045 RAIFORD VTD: 0050 SALE CITY (c) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Mitchell County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Mitchell County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) Commissioner Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
Section 2. Said Act is further amended by striking subsection (a) of Section 6 as enacted by Section 2 of the 1988 amendatory Act, and inserting in its place a new subsection (a) to read as follows:
"(a) (1) The members of the board of commissioners in office on January 1, 1992, representing former Commissioner Districts 1 and 3 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board shall be elected from Commissioner Districts 1 and 3 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
(2) The members of the board of commissioners in office on January 1, 1992, representing former Commissioner Districts 2, 4, and 5 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Commissioner Districts 2, 4, and 5 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Mitchell County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 4, 1992

1915

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1951.

By Representatives Lucas of the 102nd, Randall of the 101st, Groover of the 99th, Pinkston of the 100th and Birdsong of the 104th:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority commissioners, so as to change the provisions relating to the composition of the housing authority in certain cities; to change a certain population bracket.

The report 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 1958. By Representatives Flynt of the 75th and Adams of the 79th: A bill to provide a new charter for the City of Williamson.

The report 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 1969.

By Representative Carrell of the 65th:
A bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change certain provisions relating to the appointment and duties of the city administrator.

The report 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.

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

Mr. Speaker: The Senate has agreed to the House substitute to the following Bill of the Senate:

SB 536. By Senators Turner of the 8th, Bowen of the 13th and Echols of the 6th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, the "Real Estate Appraiser Licensing and Certification Act," so as to provide that a person appraising real property exclusively for the internal use of a bank, savings and loan association, or credit union shall not be required to be licensed, certified, or registered; to provide an exception; to provide for applicability; to provide an effective date.

1916

JOURNAL OF THE HOUSE,

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

HB 1103.

By Representative Lane of the 27th:
A bill to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, so as to change the date upon which existing municipal and county ordinances or resolutions imposing development exactions for system improvements must be brought into conformance with the chapter.

HB 1288.

By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th and Jamieson of the llth:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White.

HB 1389.

By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th:
A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to provide a statement of legislative findings.

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

HB 727. By Representatives Cheeks of the 89th, Murphy of the 18th, Watson of the 114th, Watts of the 41st, Edwards of the 112th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks purchased with state funds shall remain the property of each local unit of administration to establish policies for the proper care and protection of its textbooks and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit.

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

SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, further, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative intent; to define certain terms.

WEDNESDAY, MARCH 4, 1992

1917

HB 184. By Representatives Buck of the 95th and Walker of the 115th:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to provide that certain district attorneys who are members of the District Attorneys Retirement Fund of Georgia created by Code Section 47-12-21 may become members of the District Attorneys' Retirement System created by Code Section 47-13-20 under certain conditions.

HB 216. By Representatives Thomas of the 69th, Cummings of the 17th, Dixon of the 128th, Selman of the 32nd and Stancil of the 66th:
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.

HB 311. By Representative Childers of the 15th:
A bill to amend Code Section 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Georgia, so as to provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, notwithstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application.

HB 1149.

By Representatives Thomas of the 69th, Simpson of the 70th and Pettit of the 19th:
A bill to amend Code Section 15-21-94 of the Official Code of Georgia Annotated, relating to assessment and collection of sums for the county jail fund, so as to provide for the assessment and collection of funds to be paid over to the governing authority of the county with which the city has contracted.

HB 1216.

By Representative Campbell of the 23rd:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving while a license is suspended or revoked, so as to authorize any municipal court of any municipality to impose the punishment provided in this Code Section notwithstanding the limits set forth in its municipal charter.

HB 1508.

By Representatives Coker of the 21st, Klein of the 21st and Atkins 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 provide for acceptance by the Department of Public Safety of certificates of completion of all defensive driving, alcohol and drug, and driving under the influence clinics and programs approved by any other state for purposes of reinstatement of drivers' licenses.

HB 1520.

By Representatives Baker of the 51st, Pinkston of the 100th, Oliver of the 53rd and Hammond of the 20th:
A bill to amend Code Section 53-6-24 of the Official Code of Georgia Annotated, relating to rules for granting letters of administration generally and with the will annexed, so as to provide that a trustee of any trust having an interest in the appointment of the administrator with will annexed, as well as a trustee of a trust created by the will, shall be authorized to express a choice on behalf of the beneficiaries of the trust.

1918

JOURNAL OF THE HOUSE,

SB 763. By Senators Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act relating to the school system of the City of Savannah and Chatham County, as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.

HB 1398.

By Representative Thomas of the 31st:
A bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor general of said circuit, so as to provide that the salaries of assistant district attorneys in the Atlanta Judicial Circuit shall be fixed by the district attorney at not less than $10,000.00 nor more than $63,000.00.

HB 1553.

By Representatives Felton of the 22nd, Townsend of the 24th, McKinney of the 35th and Thomas of the 31st:
A bill to provide a homestead exemption from all Fulton County ad valorem taxes in an amount of $4,000.00 of the assessed value of such homestead for certain residents of Fulton County in 1993; to provide that such amount shall increase $2,000.00 each year after that until it reaches $10,000.00 in 1996.

HB 1839.

By Representatives Jones of the 71st, Meadows of the 91st, Davis of the 77th and Flynt of the 75th:
A bill to amend an Act providing for the composition of the Board of Education of Coweta County, so as to reapportion the education districts.

HB 1852.

By Representatives Coker of the 21st, Vaughan of the 20th, Atkins of the 21st, Wilder of the 21st, Aiken of the 21st and others:
A bill to amend an Act creating the board of commissioners of Cobb County, so as to provide that in the event of a vacancy in the position of two commissioners, a majority vote of the members present at the meeting shall be sufficient for the commission to take action.

HB 1859.

By Representative Skipper of the 116th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to change the salaries of the chairman and members of the Board of Commissioners of Sumter County.

HB 1864.

By Representative Moultrie of the 93rd:
A bill to amend an Act entitled "An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Harris County;" so as to repeal the requirement for competitive bidding on all materials, equipment and supplies purchased by the Board of Education of Harris County.

HB 1876.

By Representatives Smith of the 16th and Childers of the 15th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide that the county manager shall make recommendations to the board relating to the appointment of future heads of county departments.

WEDNESDAY, MARCH 4, 1992

1919

HB 1898. 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 change the provisions relating to the mayor pro tern.

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

SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, further, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative intent; to define certain terms.
Referred to the Committee on Public Safety.

SB 763. By Senators Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act relating to the school system of the City of Savannah and Chatham County, as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Ricketson of the 82nd arose to a point of personal privilege and addressed the House.

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

HB 2006. By Representative Aiken of the 21st:
A bill to amend Code Section 48-5-7.3 of the Official Code of Georgia Annotated, relating to landmark historic property, so as to redefine "landmark historic property" to include residential real property.
Referred to the Committee on Industry.

HB 2007. By Representatives Parham of the 105th and Lord of the 107th:
A bill to amend an Act creating a board of commissioners of Baldwin County, so as to provide for the election of board members from commissioner districts from which members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

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

1920

JOURNAL OF THE HOUSE,

HB 1340.

By Representative Hanner of the 131st:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts; to provide for the number of Representatives; 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 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) There shall be 180 members of the House of Representatives, and such membership shall be apportioned among the representative districts provided for in this subsection. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided in this subsection, and shall be represented by one Representative.
District: 1
BADE COUNTY WALKER COUNTY
VTD: 0009 MOUNTAIN VTD: 0010 CHATTANOOGA VALLEY VTD: 0011 DAUGHERTY VTD: 0014 ROSSVILLE VTD: 0015 CHICKMAUGA AND WALLACEVILLE (Part)
Tract: 0205. Block(s): 203, 204, 219
VTD: 0016 FAIRYLAND VTD: 0017 FAIRVIEW (Part)
Tract: 0201. Block(s): 305, 311, 312, 322, 335A, 335B, 335C, 335D, 335E, 336, 337A, 337B, 338, 401, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 411, 412A, 412B, 413A, 413B, 414A, 414B, 415, 416A, 416B, 417, 418, 419, 420, 421, 422, 423A, 423B, 424A, 424B, 425, 426, 430, 501, 502, 503, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 702A, 702B, 702C, 703, 707, 708, 709, 710, 718
Tract: 0203. Block(s): 524, 525, 526, 527, 528, 529, 530, 531, 533, 535, 536, 537, 538, 539, 540, 541

WEDNESDAY, MARCH 4, 1992

1921

District: 2
CATOOSA COUNTY VTD: 0002 BOYNTON (Part) Tract: 0307. Block(s): 204A, 204C, 204D, 207B, 701A, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 718 VTD: 0003 FORT OGLETHORPE (Part) Tract: 0307. Block(s): 101A, 101C, 101D, 159A, 160, 161A, 162, 163, 164, 201, 202, 203, 204B, 204E, 204F, 204G, 204H, 205, 206, 207A, 208, 209, 313, 314, 315, 316, 317, 318, 319, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 607A, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632 VTD: 0004 LAKEVIEW (Part) Tract: 0307. Block(s): 161B, 161C, 161D VTD: 0005 WESTSIDE (Part) Tract: 0307. Block(s): 101B, 101E, 102, 157, 158, 159B, 165, 166
WALKER COUNTY VTD: 0001 CHESTNUT FLAT VTD: 0002 LAFAYETTE VTD: 0003 POND SPRINGS VTD: 0005 PEAVINE VTD: 0006 EAST ARMUCHEE VTD: 0007 CANE CREEK VTD: 0008 WEST ARMUCHEE VTD: 0012 CEDAR GROVE VTD: 0013 KENSINGTON VTD: 0015 CHICKMAUGA AND WALLACEVILLE (Part) Tract: 0201. Block(s): 716A, 716B, 717A, 717B Tract: 0203. Block(s): 507, 508, 509, 510, 511, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621 Tract: 0205. Block(s): 202, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 221, 222, 223, 224, 225A, 225B, 225C, 226, 227A, 227B, 228, 229, 230, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 301, 302, 303, 304, 305, 306A, 306B, 307A, 307B, 308, 309A, 309B, 309C, 309D, 310, 311, 312, 313, 314, 315, 316, 317, 318A, 318B, 318C, 318D, 318E, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334,

1922

JOURNAL OF THE HOUSE,

335, 336A, 336B, 337A, 337B, 337C, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349A, 349B, 350, 351, 352, 353A, 353B, 354, 355A, 355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 366B, 367, 369, 370, 371, 376, 384, 385, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 426A, 426B, 427A, 427B, 428A, 428B, 428C, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448A, 448B, 449, 450, 451A, 451B, 451C, 451D, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 524, 526 Tract: 0206.01 Block(s): 202, 203, 204, 205 VTD: 0017 FAIRVIEW (Part) Tract: 0201. Block(s): 701, 702D, 704, 705, 706, 711A, 711B, 712, 713, 714, 715, 719, 720, 721, 722A, 722B, 722C, 723 Tract: 0205. Block(s): 201, 231, 232
District: 3
CATOOSA COUNTY VTD: 0001 RINGGOLD VTD: 0002 BOYNTON (Part) Tract: 0302. Block(s): 307, 308, 309, 310, 311, 312 Tract: 0303. Block(s): 502, 503, 504, 505, 514, 516, 518, 519, 525, 526 Tract: 0304. Block(s): 123, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317, 318, 319, 320, 321, 322, 335, 336, 337, 338, 401, 402, 403, 404, 405, 414, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 515, 701, 702, 703, 704, 705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716 VTD: 0003 FORT OGLETHORPE (Part) Tract: 0306. Block(s): 304A, 312, 313, 314, 403A, 418, 420, 421, 422, 427A, 428A, 519A Tract: 0307. Block(s): 103, 104, 107, 301A, 302A, 303, 305A, 306A, 306B, 307, 308, 309, 310A, 310B, 311, 312, 401, 402, 601, 603A VTD: 0004 LAKEVIEW (Part) Tract: 0305. Block(s): 301A, 301B, 315, 318, 319, 320, 321, 322, 324 Tract: 0306. Block(s): 101, 102, 103, 104, 105, 106, 108,

WEDNESDAY, MARCH 4, 1992

1923

109, 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 304B, 305, 306, 307, 308, 309, 310, 311, 401, 402, 403B, 404A, 404B. 404C, 404D, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 419, 423, 424, 425, 426, 427B, 428B, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519B, 519C, 520, 521 Tract: 0307. Block(s): 301B, 302B, 304, 305B, 306C, 310C, 602, 603B, 604, 605, 606, 607B VTD: 0005 WESTSIDE (Part) Tract: 0304. Block(s): 210, 211, 213, 214A, 214B, 215, 216A, 216B, 218, 219, 710A, 710B
Tract: 0305.
Block(s): 101A, 101B, 102A, 102B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210
VTD: 0006 CATOOSA-KEITH VTD: 0007 CHAMBERS VTD: 0008 DUNCAN PARK VTD: 0009 BLACKSTOCK VTD: 0010 WOODSTATION VTD: 0011 GRAYSVILLE
District: 4
WHITFIELD COUNTY VTD: 0002 2A (Part) Tract: 0003. Block(s): 315, 335, 336 Tract: 0005. Block(s): 111C, 116, 117, 118, 119, 122, 123, 124, 125, 126, 127, 128G, 138D Tract: 0008. Block(s): 124C VTD: 0005 5A VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL VTD: 0014 LOWER TENTH VTD: 0015 MILL CREEK AND WESTSIDE (Part) Tract: 0007. Block(s): 109, 110, 111, 112, 113, 114, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 321, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 0008. Block(s): 121B, 123A, 123D, 148, 201, 202, 203, 204, 205, 206, 207, 208, 209, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 229, 230, 231, 232, 302B, 302C, 302D, 303, 304, 305, 306, 307,

1924

JOURNAL OF THE HOUSE,

308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 413, 414, 415, 417, 474, 475, 476, 477, 478 VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE VTD: 0019 TRICHUM VTD: 0020 TUNNEL HILL VTD: 0022 VARNELL
District: 5
WHITFIELD COUNTY VTD: 0001 1A VTD: 0002 2A (Part) Tract: 0005. Block(s): 111A, 111B, 112A, 112B, 128A, 128B, 128C, 128D, 128E, 128F, 128H, 129, 130, 131, 132, 133, 134A, 134B, 135, 136A, 136B, 137A, 137B, 147, 148, 149A, 149B, 150A, 150B, 150C, 151, 152A, 152B, 153, 502, 503, 504, 505, 511A, 511B, 703, 704, 705A, 705B, 706A, 706B, 706C, 707 Tract: 0006.98 Block(s): 422A, 422B, 422C, 422D, 423A, 423B Tract: 0008. Block(s): 101A, 101B, 102A, 102B, 102C, 103A, 103B, 103C, 103D, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 117D, 117E, 118A, 118B, 118C, USD, 119A, 119B, 119C, 119D, 119E, 119F, 119G, 119H, 119J, 120A, 120C, 124A, 124B, 124D, 125, 126, 127, 128, 129, 130A, 130B, 130C, 130D, 130E, 131, 132, 133, 134, 135A, 135B, 135C, 135D, 135E, 136, 137, 138, 139, 140A, 140B, 140C, 141A, 141B, 142, 143, 144, 145, 146A, 146B, 401A, 401B, 401C, 401D, 401E, 402, 410A, 410B, 410C, 410D Tract: 0009. Block(s): 301A, 301B, 301C, 301D, 302, 303, 304, 305, 306A, 306B, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 317C, 318 VTD: 0003 3A VTD: 0004 4A VTD: 0006 6A VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE (Part) Tract: 0008. Block(s): 120B, 120D, 121A, 121C, 122, 123B, 123C, 210, 211, 212, 213, 214, 227, 228, 301, 302A VTD: 0018 TILTON
District: 6
MURRAY COUNTY FANNIN COUNTY
VTD: ZZZZ VTD's not defined (Part)

WEDNESDAY, MARCH 4, 1992

1925

Tract: 9501. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220B, 221, 222, 223, 224, 225, 226, 227, 229B, 230B, 231, 232B, 234B, 235B, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 263B
Tract: 9502.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 127C, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161A, 161B, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 220C, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303, 304, 305, 306, 307, 308A, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323A, 323B, 324, 325, 326, 327A, 327B, 328A, 328B, 329A, 329B, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575
Tract: 9503.98
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278
Tract: 9504.
Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117D, 118, 119, 120, 121, 122, 123, 142, 145B, 145C, 146B, 147, 148, 149, 150, 151, 152, 153, 154B, 155, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241B, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264B,

1926

JOURNAL OF THE HOUSE,

265, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 433B, 434B, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 450, 451 WHITFIELD COUNTY VTD: 0021 UPPER TENTH
District: 7
UNION COUNTY GILMER COUNTY FANNIN COUNTY
VTD: ZZZZ VTD's not defined (Part) Tract: 9501. Block(s): 101, 102, 103, 104, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 220A, 228A, 228B, 229A, 230A, 232A, 233, 234A, 235A, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258A, 258B, 259, 260A, 260B, 261, 262A, 262B, 263A, 264, 265, 266, 267A, 267B, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 Tract: 9504. Block(s): 105, 117A, 117B, 117C, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 143, 144, 145A, 146A, 154A, 156, 157, 158, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166, 167A, 167B, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 241A, 242A, 264A, 266, 267, 268, 301A, 301B, 302, 303, 304, 305, 306, 307A, 307B, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349A, 349B, 349C, 350A, 350B, 351, 352, 353, 354, 355, 356A, 356B, 357, 358A, 358B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 417B, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429A, 429B, 430A, 430B, 431, 432, 433A, 434A, 436, 448, 449, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154A, 154B, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186A, 186B, 187A, 187B, 188, 189, 190, 191, 201, 202, 203, 204A, 204B, 204C, 205, 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 216C, 217A, 217B, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 226, 227, 228, 229A, 229B, 230, 231A, 231B, 231C, 232, 233, 234, 235A, 235B, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357,

WEDNESDAY, MARCH 4, 1992

1927

358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 Tract: 9506.98 Block(s): 126A LUMPKIN COUNTY VTD: 0002 CANE CREEK, HIGHTOWER, AND NIMBLEWILL VTD: 0003 CHESTATEE VTD: 0015 YAHOOLA
District: 8
RABUN COUNTY TOWNS COUNTY LUMPKIN COUNTY
VTD: 0001 AURARIA AND DAHLONEGA VTD: 0004 CRUMBY AND PORTER SPRINGS VTD: 0007 FROGTOWN VTD: 0009 MARTINS FORD VTD: 0010 MILL CREEK VTD: 0013 SHOAL CREEK VTD: 0014 WAHOO WHITE COUNTY VTD: 0001 ROBERTSTOWN AND HELEN VTD: 0004 TESTANEE VTD: 0005 BLUE RIDGE VTD: 0006 TOWN CREEK VTD: 0011 SHOAL CREEK
District: 9
HABERSHAM COUNTY WHITE COUNTY
VTD: 0003 NACOOCHEE AND BLUE CREEK VTD: 0007 MT. VONAH VTD: 0009 WHITE CREEK VTD: 0010 MOSSY CREEK
District: 10
GORDON COUNTY
District: 11
CHATTOOGA COUNTY FLOYD COUNTY
VTD: 0001 ALTO PARK (Part) Tract: 0013. Block(s): 215C, 238, 242 Tract: 0014. Block(s): 102B, 107, 108, 113, 117, 125, 126, 127, 128, 129, 130, 131, 305, 341, 342, 343, 345A, 347A, 348, 349, 350, 351, 352, 353, 354
VTD: 0002 ARMUCHEE VTD: 0007 EVERETT SPRINGS VTD: 0008 FLOYD SPRINGS VTD: 0009 FOSTER'S MILL VTD: 0010 GARDEN LAKES AND GLENWOOD (Part)
Tract: 0002.

1928

JOURNAL OF THE HOUSE,

Block(s): 101, 110, 111, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 133, 136, 137, 138, 139, 143, 144, 145, 146, 149, 150, 151, 152, 153A, 153B, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171
Tract: 0003. Block(s): 101, 102, 103, 104, 106, 108, 109, 113, 114, 115, 116, 117C, 117D, 128A, 128B, 129, 132, 133B, 134, 135, 335A, 335B, 336, 337, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356
VTD: 0014 LIVINGSTON VTD: 0016 NORTH CAROLINA (Part)
Tract: 0003. Block(s): 325, 326, 327, 328, 329, 330, 331, 332, 333, 334
Tract: 0014. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 344, 345B, 346, 347B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556
VTD: 0020 TEXAS VALLEY WALKER COUNTY
VTD: 0004 WILSON
District: 12
FLOYD COUNTY VTD: 0001 ALTO PARK (Part) Tract: 0012. Block(s): 221C, 223, 224B, 226C, 226D, 226E, 226F, 226G, 227, 228, 229, 230B, 231, 232B, 234B, 235, 236B, 238 Tract: 0013. Block(s): 123A, 123B, 123D, 123E, 124C, 126B, 127B, 128A, 128C, 128D, 131B, 131C, 132A, 132F, 132G, 132H, 133, 135B, 224, 231, 235, 236, 237, 239, 240, 241, 243 Tract: 0014. Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 101G, 101H, 101J, 101K, 103, 104, 105, 106, 109A, 109B, 109C, 109D, 109E, 109F, 109G, 110A, HOB, 111A, 111B, 111C, HID, HIE, 112A, 112B, 112C, 114, 115, 116, 118, 119, 120A, 120B, 120C, 121, 122, 123, 124, 303 VTD: 0006 ETOWAH (Part) Tract: 0008. Block(s): 103, 105, 111C, 120C, 120D, 120E, 139B, 155B, 211E, 218B, 223B, 224 VTD: 0010 GARDEN LAKES AND GLENWOOD (Part) Tract: 0002. Block(s): 132, 134, 135, 147B, 147D Tract: 0003. Block(s): 105A, 105B, 107, 110A, HOB, HOC, HOD, HOE, 111A, 111B, 111C, HID, 112A, 112B, 112C, 112D, 117A, 117E, 118A,

WEDNESDAY, MARCH 4, 1992

1929

118B, 119A, 119B, 119C, 120A, 120B, 121A, 121B, 121C, 121D, 121E, 121F, 121G, 121H, 121J, 121K, 121L, 121M, 121N, 121P, 122A, 122B, 122C, 122D, 123A, 123B, 123C, 123D, 124A, 124B, 124C, 124D, 124E, 125A, 125B, 125C, 125D, 125E, 125F, 126A, 126B, 126C, 127A, 127B, 130A, 130B Tract: 0004. Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 101G, 102A, 102B, 102C, 102D, 102E, 102F, 102G, 102H, 102J, 102K, 102L, 102M, 102N, 102P, 103A, 103B, 104A, 104B, 104C, 105, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 108C, 108D, 108E, 109A, 109B, 109C, 111A, 111B, 111C, HID, 112, 113, 114A, 114B, 115A, 115B, 115C, 115D, 115E, 115F, 115G, 116A, 116B, 117A, 117B, 117C, 117D, 117E, 117F, 117G, 117H, 117J, 118A, 118B, 118C, 118D, 118E, 118F, 119A, 119B, 119C, 119D, 119E, 120A, 120B, 120C, 120D, 120E, 120F, 120G, 122A, 122B, 122C, 122D, 123A, 123B, 124, 127A, 127B, 128A, 128B, 129, 130A, 130B, 144, 145, 146 VTD: 0015 MOUNT ALTO ONE VTD: 0016 NORTH CAROLINA (Part) Tract: 0014. Block(s): 301, 302, 304 VTD: 0017 NORTH ROME (Part) Tract: 0006. Block(s): 143, 144, 145, 147, 152, 153, 154, 157A, 201A, 202, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 253A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 0008. Block(s): 104, 106, 107, 108, 109, 110A, HOB, 111A, 111B, 112A, 112B, 112C, 112D, 113, 114, 115, 116, 117, 118A, 118B, 119, 120A, 120B, 120F, 120G, 120H, 120J, 130, 132, 134, 135, 136, 138A, 139A, 142, 143, 144, 146, 147, 148, 149, 150, 152, 155A, 201, 202, 203, 204, 205, 207, 208, 209, 210, 211A, 211B, 212, 213, 215, 218A, 220, 223A, 225, 229A, 230, 231 VTD: 0019 SOUTH ROME VTD: 0021 TOWN ROME VTD: 0024 WEST LINDALE (Part) Tract: 0015. Block(s): 166A, 166B Tract: 0016. Block(s): 304A, 304B, 304C, 305A, 305B, 305C, SUB, 315B, 316B, 317B, 318B, 319B, 320A, 320B, 321A, 321B, 322A, 322C, 323A, 323B, 324, 325, 326A, 326B, 333B Tract: 0018. Block(s): 101A, 103A, 122A, 123A, 154A, 202B, 240
Tract: 0019.
Block(s): 101A, 101B, 101C, 116C
VTD: 0025 EAST ROME
VTD: 0026 EAST LINDALE (Part)
Tract: 0009.

1930

JOURNAL OF THE HOUSE,

Block(s): 151C, 155B Tract: 0016.
Block(s): 206C, 211B, 228, 229, 230C, 301, 302B Tract: 0017.
Block(s): 105H, 108D, 108E, 109E, 109F, 110, 115, 116B, 120D, 120E, 120F, 121B, 122B, 125
Tract: 0018. Block(s): 153, 210
VTD: 0035 MOUNT ALTO TWO
District: 13
BARTOW COUNTY VTD: 0001 ADAIRSVILLE VTD: 0004 CASSVILLE (Part) Tract: 9601. Block(s): 224, 225, 226, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 Tract: 9602. Block(s): 146, 147, 148 Tract: 9604. Block(s): 208, 234A, 234B, 301, 302, 303, 304, 305, 306, 307, 308 VTD: 0008 SIXTH
FLOYD COUNTY VTD: 0003 BARKER'S VTD: 0004 CAVE SPRINGS VTD: 0005 CHULIO VTD: 0006 ETOWAH (Part) Tract: 0001.98 Block(s): 176, 177, 178 Tract: 0007. Block(s): 101, 103, 123, 124, 125, 127, 129, 130, 131, 132, 133, 134, 137, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 233 Tract: 0008. Block(s): 101A, 101B, 102, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 133, 137, 138B, 140, 141, 145, 151, 206, 211C, 211D, 214, 216, 217, 219, 221, 222, 226, 227, 228, 229B, 232, 233 Tract: 0021.97 Block(s): 250B, 255C VTD: 0010 GARDEN LAKES AND GLENWOOD (Part) Tract: 0002. Block(s): 147A, 147C, 148, 172 VTD: 0013 HOWELL VTD: 0017 NORTH ROME (Part) Tract: 0006. Block(s): 101A, 101B, 101C, 103A, 123, 128, 132, 133A, 134A, 135A, 136, 138A, 138B, 139, 148A, 149A, 150, 151, 155A, 156A, 156B Tract: 0007. Block(s): 135A VTD: 0018 RIVERSIDE (Part) Tract: 0006. Block(s): 101D, 101E, 101F, 101G, 101H, 101J, 101K, 101L, 102, 103B, 103C, 104A, 104B, 104C, 105A, 105B, 106A, 106B, 107, 108, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 124, 125, 126, 127, 129, 130, 131, 133B, 134B,

WEDNESDAY, MARCH 4, 1992

1931

135B, 135C, 135D, 137, 138C, 138D, 138E, 140, 141, 142, 146, 148B, 148C, 149B, 155B, 156C, 157B, 158, 201B, 203B, 252B, 253B, 254 Tract: 0007. Block(s): 105, 106, 107, 113, 114, 118, 120, 122, 126, 128, 135B VTD: 0022 VANN'S VALLEY VTD: 0023 WATTERS VTD: 0024 WEST LINDALE (Part) Tract: 0017. Block(s): 217, 220, 231, 232, 233, 234, 235, 241, 242, 243, 246, 247, 248, 249, 250 Tract: 0018. Block(s): 104A, 104B, 105A, 106, 107, 108, 109A, 110, 111A, 113, 115B, 116, 117, 118, 119, 120, 121, 122C, 123D, 124A, 124B, 125A, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 148, 149, 150, 155, 156, 157, 201A, 201B, 202A, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229A, 229B, 229C, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256 Tract: 0019. Block(s): 116A, 116B, 129, 130 VTD: 0026 EAST LINDALE (Part) Tract: 0009. Block(s): 149B, 150, 157, 203, 204, 205, 206, 207, 208, 209, 210B Tract: 0016. Block(s): 209, 213 Tract: 0017. Block(s): 105G, 119, 120C, 123, 124, 126, 127, 128, 129, 130, 131, 135, 136, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 221, 224, 227, 229, 230, 236, 237, 238, 240, 251, 252, 253, 254 Tract: 0018. Block(s): 143, 151, 152
District: 14
BARTOW COUNTY VTD: 0002 ALLATOONA VTD: 0003 CARTERSVILLE VTD: 0004 CASSVILLE (Part) Tract: 9601. Block(s): 223, 227 Tract: 9604. Block(s): 208, 209, 210, 228, 229, 230, 231, 232A, 232B, 233 Tract: 9605. Block(s): 301, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332 VTD: 0005 CENTER VTD: 0006 EMERSON VTD: 0011 PINE LOG AND WOLF PEN VTD: 0012 STAMP CREEK
District: 15
PICKENS COUNTY

1932

JOURNAL OF THE HOUSE,

CHEROKEE COUNTY VTD: 0001 BALLGROUND VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0008 HARBINS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET (Part) Tract: 0908. Block(s): 201, 202, 203, 204, 205, 206, 207 VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0013 SALICOA
District: 16
CHEROKEE COUNTY VTD: 0003 CANTON VTD: 0010 LICK SKILLET (Part) Tract: 0908. Block(s): 208, 209, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516 Tract: 0909.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303, 304, 305 Tract: 0909.02 Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 401, 402, 403, 404, 405 VTD: 0015 WILDCAT
District: 17
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0007 FAIR PLAY VTD: 0016 WOODSTOCK
District: 18
HARALSON COUNTY PAULDING COUNTY
VTD: 0002 HERSHEL JONES JR. HS (Part) Tract: 1203. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311B, 313, 315B, 316B, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329C, 330C, 330D, 331, 340D, 364, 365, 373, 374, 375 Tract: 1204. Block(s): 121, 123, 126, 127, 128, 129, 130, 131
VTD: 0007 NEW GA. RURITAN BALL FLD (Part) Tract: 1204. Block(s): 363

WEDNESDAY, MARCH 4, 1992

1933

Tract: 1206.98 Block(s): 325, 326, 327, 328, 339, 340, 344, 345, 346, 347, 348, 349, 350, 351, 423
VTD: 0008 UNION ELEMENTARY SCHOOL VTD: 0009 YORKVILLE ELEM. SCHOOL VTD: 0010 BURNT HICKORY FS POLK COUNTY VTD: 0002 BLOOMING GROVE (Part)
Tract: 9903. Block(s): 322, 323, 324, 325, 326, 327, 328, 332, 333, 334, 335, 336, 337, 338, 369, 370
Tract: 9904. Block(s): 147, 148, 149, 150, 151, 414, 415, 416, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450
VTD: 0003 BROWNING AND ROCKMART (Part) Tract: 9906. Block(s): 450, 451, 452, 453, 454, 455, 456, 457, 458, 459 Tract: 9907. Block(s): 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554
VTD: 0005 ESOM HILL (Part) Tract: 9903. Block(s): 184, 185, 186, 187A, 188, 197, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 329, 330, 331, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 371, 372, 373, 374, 375, 376, 377, 378, 379
VTD: 0008 YOUNGS (Part) Tract: 9904. Block(s): 506, 507, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574 Tract: 9905. Block(s): 520, 521, 523, 524, 525, 648
VTD: 0009 ANTIOCH (Part) Tract: 9904. Block(s): 502, 503, 504, 505, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518,
519, 575, 576
Tract: 9905.
Block(s): 623, 624, 625, 638, 640, 642, 643,
644, 645, 646, 647
Tract: 9906.

1934

JOURNAL OF THE HOUSE,

Block(s): 442, 443, 444, 445, 446, 447, 448, 449, 460, 461, 462
VTD: 0011 PRIOR STATION (Part) Tract: 9902. Block(s): 135, 136, 137, 138, 139 Tract: 9903. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 187B, 189, 190, 191, 192, 193, 194, 195, 196, 201, 202, 203, 204, 206, 212, 213, 214, 215, 216, 217, 220, 305, 306, 307
District: 19
DAWSON COUNTY HALL COUNTY
VTD: 0001 WILSON (Part) Tract: 0010. Block(s): 401A, 402, 403, 404, 405A, 405B, 405C, 410A, 410B, 410C, 410D, 411A, 411B, 411C, 411D, 411E, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430
VTD: 0011 CLERMONT VTD: 0012 QUILLIANS VTD: 0013 BARK CAMP VTD: 0014 FORK VTD: 0015 WHELCHEL VTD: 0016 WEST WELCHEL
District: 20
HALL COUNTY VTD: 0001 WILSON (Part) Tract: 0010. Block(s): 401B, 501A, 501B, 501C, 501D, 501F, 502A, 502B, 503, 504, 508A, 508B, 508C, 508D, 508E, 508F, 508G, 509A, 509B, 510A, 510B, 511A, 511B, 511C, 511D, 511E, 512A, 512B, 513, 514, 515, 516A, 516B, 601A, 601B, 602A, 602B, 603, 604, 605A, 605B, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635A, 635B, 636A, 636B, 637A, 637B, 638, 639, 640, 641, 642, 643 Tract: 0014. Block(s): 102, 103A, 103B, 104A, 104B, 120A, 120B, 123A, 123B, 125A, 125B, 126 VTD: 0009 GLADE

WEDNESDAY, MARCH 4, 1992

1935

VTD: 0010 LULA VTD: 0017 GAINESVILLE I VTD: 0018 GAINESVILLE II VTD: 0019 GAINESVILLE III VTD: 0020 GAINESVILLE VI VTD: 0021 RIVERBEND VTD: 0023 NEW HOLLAND
District: 21
HALL COUNTY VTD: 0002 CHICOPEE VTD: 0003 OAKWOOD VTD: 0004 FLOWERY BRANCH VTD: 0005 ROBERTS VTD: 0006 MORGAN (Part) Tract: 0013. Block(s): 202A, 202B, 203A, 203B, 203C, 203D, 204, 205, 206A, 206B, 208A, 208B, 209A, 209B, 209C, 210A, 210B, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423 Tract: 0014. Block(s): 427, 508A, 508B, 508C, 508D, 512, 520, 521, 522, 523, 524, 525 Tract: 0016. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 118, 119, 120, 121, 122, 123, 124, 125, 126, 129, 130 VTD: 0007 CANDLER VTD: 0008 TADMORE VTD: 0022 GAINSVILLE MILL VTD: 0024 GILLSVILLE VTD: 0025 OAKWOOD II
District: 22
STEPHENS COUNTY BANKS COUNTY FRANKLIN COUNTY
VTD: 0003 GUM LOG
District: 23
HART COUNTY FRANKLIN COUNTY
VTD: 0001 CARNESVILLE VTD: 0002 WELBORN VTD: 0004 LAVONIA VTD: 0005 CANON VTD: 0006 ROYSTON VTD: 0007 MIDDLE RIVER VTD: 0008 DOOLEYS

1936

JOURNAL OF THE HOUSE,

VTD: 0009 GUNNELLS VTD: 0010 ASHLAND VTD: 0011 STRANGES VTD: 0012 FLINTSVILLE VTD: 0013 RED HILL
District: 24
MADISON COUNTY CLARKE COUNTY
VTD: 001A PRECINCT 216-1A (Part) Tract: 0014.02 Block(s): 720A
VTD: 0217 PRECINCT 0217 (Part) Tract: 0015.01 Block(s): 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 516, 517, 518, 519, 520 Tract: 0015.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 217
VTD: 0218 PRECINCT 0218 (Part) Tract: 0015.01 Block(s): 106, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 514, 515 Tract: 0015.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 130, 201, 218, 219, 220, 221
VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 107 Tract: 0014.01 Block(s): 111, 112, 113, 114, 115, 117, 118, 144 Tract: 0014.02 Block(s): 201A, 203, 204, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303, 304, 306, 307, 308, 404, 406, 407, 408, 414, 415, 416, 417
VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 101, 102, 103, 104A, 104B, 105, 106A, 106B, 107, 108, 109, 110A, HOB, 111, 112, 113, 114, 115, 116, 118, 119, 201B, 202, 205, 206, 207, 216, 409, 410, 412, 418B, 419B, 501, 502, 503A, 503B, 504A, 504B, 505, 506A, 506B, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 601, 602, 603, 604, 608, 609, 612, 613, 614, 616, 617, 618
VTD: 1899 PRECINCT 1899 (Part) Tract: 0014.02 Block(s): 605, 606,. 607, 610, 611, 615, 707, 708, 711, 720B, 722, 723B, 726, 727, 728, 729, 731, 732 Tract: 0015.01 Block(s): 101, 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117
District: 25
JACKSON COUNTY GWINNETT COUNTY
VTD: 0017 1564 (Part) Tract: 0506.02 Block(s): 309A, 310A, 311A, 324A, 325A, 326,

WEDNESDAY, MARCH 4, 1992

1937

327, 328, 329, 330, 331, 332A, 336, 337, 338, 339, 340A, 340B, 341A, 341B, 342, 343, 344, 415, 416, 417, 418, 419A, 419B, 419C, 420, 421, 422, 423, 424, 425, 426, 427, 428A, 428B VTD: 0020 1749 VTD: 0027 444B (Part) Tract: 0506.01 Block(s): 163, 168 Tract: 0506.02 Block(s): 303, 304, 306, 307, 308, 309B, 332B VTD: 0044 1397 (Part) Tract: 0506.01 Block(s): 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 232, 233, 234 VTD: 0046 1587 HALL COUNTY VTD: 0006 MORGAN (Part) Tract: 0016. Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 133
District: 26
PAULDING COUNTY VTD: 0001 PAULDING COUNTY HS (Part) Tract: 1203. Block(s): 132, 133, 134, 135, 141, 142, 143A, 143B, 143C, 144A, 144B, 144C, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226A, 226B, 226C, 226D, 227, 228, 229, 230, 231, 232, 233, 234, 235, 334, 335, 336, 337A, 337B, 337C, 341, 342A, 342B, 342C, 343A, 343B, 344A, 344B, 345, 346, 347, 348, 349, 350, 351A, 351B, 352A, 352B, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 366, 367, 368, 369, 370, 371, 372, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431 Tract: 1204. Block(s): 132, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 254, 255 Tract: 1205. Block(s): 205, 206, 207, 208, 210, 212, 239, 240, 241 VTD: 0002 HERSHEL JONES JR. HS (Part) Tract: 1201. Block(s): 270, 271, 272, 273, 274, 275, 276 Tract: 1203. Block(s): 103, 104, 105A, 105B, 106, 107, 108, 109, 110, 111, 112, 113A, 113B, 113C, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 136,

1938

JOURNAL OF THE HOUSE,

137, 138, 139A, 139B, 140, 145, 201, 202, 203, 204, 205, 206, 311A, 312, 314, 315A, 316A, 317, 318, 319, 329A, 329B, 330A, 330B, 332, 333, 338A, 338B, 338C, 339A, 339B, 340A, 340B, 340C VTD: 0003 W.C. ABNEY SCHOOL (Part) Tract: 1201. Block(s): 101, 102, 103, 104A, 126, 127, 130, 131, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 201, 202, 203, 204, 205, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 277, 278, 279, 280, 281, 282, 283, 284, 285 VTD: 0004 MCGARITY ELEM. SCHOOL VTD: 0005 HIRAM FIRE STATION VTD: 0006 P.B. RITCH JR. HS VTD: 0007 NEW GA. RURITAN BALL FLD (Part) Tract: 1204. Block(s): 301, 302, 303, 304, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 364, 365 Tract: 1205. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411 Tract: 1206.98 Block(s): 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 329, 330, 331, 332, 335, 336, 337, 338, 341, 342, 343, 355, 356
District: 27
BARTOW COUNTY VTD: 0004 CASSVILLE (Part) Tract: 9602. Block(s): 542 Tract: 9603.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 148, 161, 162, 163, 164, 165, 166, 167, 168, 201, 202, 203, 204, 205, 211, 212, 221, 222 Tract: 9604. Block(s): 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 501, 502, 503, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B, 513C, 513D, 513E, 514A, 514B, 514C, 515A, 515B, 515C, 515D, 515E, 515F Tract: 9605. Block(s): 302, 401 VTD: 0007 EUHARLEE VTD: 0009 IRON HILL AND TAYLORSVILLE

WEDNESDAY, MARCH 4, 1992

1939

VTD: 0010 KINGSTON POLK COUNTY
VTD: 0001 ARAGON VTD: 0002 BLOOMING GROVE (Part)
Tract: 9904. Block(s): 112B, 113B, 129B, 130B, 131B, 134B, 134C, 134D, 134E, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 302B, 304B, 305B, 306B, 307B, 308, 309, 310, 311, 312, 313B, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 404, 405, 413, 417
VTD: 0003 BROWNING AND ROCKMART (Part) Tract: 9906. Block(s): 105A, 107A, 108, 109, 110, 111, 112, 126, 127, 128, 129, 130A, 130B, 131A, 131B, 131C, 131D, 131E, 132A, 132B, 133, 134, 135, 136A, 136B, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 210A, 210B, 211, 224, 228, 229, 230A, 230B, 231A, 231B, 231C, 232, 233A, 233B, 234, 237, 238, 239, 301, 302, 303, 304A, 304B, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 317A, 317B, 318, 319, 320A, 320B, 321, 322, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 441, 463, 464, 465, 466 Tract: 9907. Block(s): 104A, 104B, 105A, 105B, 105C, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 121A, 121B, 121C, 122, 123A, 123B, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337A, 337B, 337C, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347A, 347B, 347C, 348, 349A, 349B, 350A, 350B, 351, 352, 401A, 401B, 402, 403A, 403B, 404A, 404B, 404C, 405A, 405B, 406, 407A, 407B, 407C, 408, 409, 410, 411, 412, 413, 414, 415, 416A, 416B, 417, 418A, 418B, 419,
420A, 420B, 421A, 421B, 422, 423, 424,
425, 426, 427, 428, 429, 430, 431A, 431B,
501A, 501B, 501C, 501D, 501E, 501F, 502A,
502B, 503A, 503B, 504A, 504B, 505, 506,
507, 508, 509A, 509B, 510A, 510B, 511A,

1940

JOURNAL OF THE HOUSE,

511B, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522A, 522B, 522C, 523A, 523B, 524A, 524B, 525A, 525B, 525C, 525D, 526A, 526B, 526C, 527, 528A, 528B, 529A, 529B, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541 VTD: 0004 CEDARTOWN VTD: 0006 LAKE CREEK VTD: 0008 YOUNGS (Part) Tract: 9904. Block(s): 326A, 326B, 327, 401, 402, 403, 406, 407, 408, 409, 410, 411, 412 Tract: 9905. Block(s): 502, 503D, 503E, 504B, 506B, 512B, 513B, 514, 515B, 516A, 516B, 517, 518, 519 VTD: 0009 ANTIOCH (Part) Tract: 9904. Block(s): 501 Tract: 9905. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422B, 423B, 424, 432B, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 501, 522, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 626, 627, 628, 629, 630, 631, 636, 637, 639, 641 VTD: 0010 FISH CREEK VTD: 0011 PRIOR STATION (Part) Tract: 9903. Block(s): 205, 207, 208, 209B, 210, 211, 218, 219, 221D, 222B, 223B, 236B, 237B, 238, 239B, 303B, 304B
District: 28
FORSYTH COUNTY VTD: 0002 BRANDYWINE VTD: 0003 CHATTAHOOCHE VTD: 0004 CHESTATEE VTD: 0005 COAL MOUNTAIN VTD: 0006 CROSSROADS VTD: 0007 CUMMINGS VTD: 0009 MATT VTD: 0010 MIDWAY VTD: 0011 SAWNES
District: 29
COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0017 DOBBINS 1 (Part) Tract: 0311.03 Block(s): 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B

WEDNESDAY, MARCH 4, 1992

1941

Tract: 0311.07 Block(s): 205B
Tract: 0311.08
Block(s): 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C
VTD: 0055 MABLETON 4 (Part)
Tract: 0312.02
Block(s): 610B, 611A Tract: 0313.01
Block(s): 155A, 210, 214, 215, 216, 217, 218, 233, 234, 235, 901B, 902, 903, 904, 905C, 906, 907, 908, 911, 912, 913
VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05
Block(s): 105B, 107B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136B, 136C, 137B, 139B, 602, 603, 604, 615, 621, 623
Tract: 0311.06 Block(s): 409, 410
Tract: 0311.07
Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422 VTD: 0072 NORTON PARK 2
VTD: 0073 OAKDALE 1 (Part) Tract: 0311.03 Block(s): 205G, 205H, 205J, 209C Tract: 0312.02
Block(s): 426, 427, 428, 436B, 436C, 505 Tract: 0312.04
Block(s): 501B, 504B, 504C, 504D, 505, 506B, 507B, 508, 513, 514, 515, 516C, 516D, 518B, 519C, 520, 521, 528, 529, 530B, 531B, 532
VTD: 0074 OAKDALE 2 (Part)
Tract: 0311.07 Block(s): 204B, 204C, 205C, 205D, 205E, 205F, 207B, 303, 304, 305, 306D, 306E, 307B, 317C, 318B, 318C, 321B, 322, 324, 326
Tract: 0312.02 Block(s): 320, 321, 322, 323, 324B, 326, 328, 331B, 401, 402, 437B, 438F, 439B, 601C, 602, 603B, 604, 605C, 606, 607B, 608C, 608D, 609B, 612B, 612C, 613B, 613C, 613D, 613E, 613F, 650
VTD: 0096 SMYRNA 2 (Part) Tract: 0311.03
Block(s): 116A, 117, 119, 120, 202, 203, 204A, 205A, 207A, 208, 209A, 209B, 210A, 211A, 215, 216, 217, 218A, 221A, 222A, 223A, 224A, 225, 226A, 226B, 229, 230A, 231A, 233A, 238, 301A, 302A, 303A, 304A
Tract: 0312.03 Block(s): 110A, 516A, 517, 518, 519, 520, 521A
Tract: 0312.04
Block(s): 501A, 502, 503, 504A, 506A, 507A, 516A, 517, 518A, 519A, 531A
VTD: 0097 SMYRNA 3 (Part) Tract: 0310.01 Block(s): 910D, 925A, 926 Tract: 0311.01
Block(s): 202, 204, 205, 206, 207, 208, 209 Tract: 0311.03
Block(s): 112, 113, 114, 115, 121, 128
Tract: 0311.08 Block(s): 101, 102B, 102C, 102D, 103A, 104, 105, 106A, 107A, 201A, 202A, 203, 204A, 205A, 206, 207, 208, 209A, 210, 211, 212,

1942

JOURNAL OF THE HOUSE,

213, 214, 215A, 313A, 314A, 315, 320A, 321A, 401A, 401B, 401C, 402, 405B, 409A, 410, 411A, 412 Tract: 0311.09 Block(s): 101B, 503B VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA2 SMYRNA 7
District: 30
COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 (Part) Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, 110F VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 301, 302, 303, 304, 401C, 401E, 402B, 403, 404, 405, 406B, 501, 502, 503, 504, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407E Tract: 0304.06 Block(s): 601, 602C, 603, 701B, 702, 703, 801B, 801C VTD: 0062 MARIETTA 6 (Part) Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.05 Block(s): 402A, 701A, 704A, 802 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 401B, 406A, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A VTD: 0095 SMYRNA 1 VTD: 0097 SMYRNA 3 (Part) Tract: 0311.03 Block(s): HOC VTD: OOA9 VININGS 1 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3
District: 31
COBB COUNTY VTD: 0021 EASTSIDE VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 407C VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407A, 407D, 407F, 407G, 409

WEDNESDAY, MARCH 4, 1992

1943

VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 901A, 919A
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 407B, 408
VTD: 0067 MT. BETHEL 1 VTD: 0069 MT. BETHEL 3 VTD: 0079 PARKAIRE VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B
Tract: 0304.02 Block(s): 122, 127
VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3
District: 32
COBB COUNTY VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.07 Block(s): 105, 108B, 109, 114B VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.05 Block(s): 918 Tract: 0302.07 Block(s): 104B VTD: 0017 DOBBINS 1 (Part) Tract: 0311.08 Block(s): 102A VTD: 0018 DOBBINS 2 VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501A, 501C, 501D, 501E, 502B, 506B, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 306, 307B, 308B, 501, 502, 503, 504, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D,

1944

JOURNAL OF THE HOUSE,

606C, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710B, 710C, 711B, 711C, 713, 714, 715, 716, 717B, 718B, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 112B, 201B, 201D, 202C VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 3146, 315C, 318B, 411B, 411C, 411D, 412B, 413B VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0308. Block(s): 206B VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 205B, 401D, 601B VTD: 0057 MARIETTA 1 VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113D, 114A, 115B Tract: 0305.01 Block(s): 908A Tract: 0305.02 Block(s): 602 Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 501B, 502A, 503, 504, 505, 506A, 606A, 606B, 607A, 608, 703A, 704A, 705A, 706A, 708A, 708G, 901A, 901B, 902A, 903, 917A, 917B, 917C, 917D, 919 Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519 VTD: 0061 MARIETTA 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.04 Block(s): 301A, 302
Tract: 0304.05
Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 601A, 602A, 603A, 603B, 801, 803
Tract: 0305.02
Block(s): 112A, 114B, 305B, 317A, 318A
Tract: 0305.03
Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216,

WEDNESDAY, MARCH 4, 1992

1945

307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 502A, 601, 602, 603, 604 Tract: 0307. Block(s): 106, 107, 109, 201 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0305.03 Block(s): 205C, 419B, 419C
District: 33
COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 (Part) Tract: 0313.01 Block(s): 201, 202, 203, 204, 205, 211, 212, 213, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 327, 329, 331, 332, 333, 334, 335, 336 Tract: 0314.04 Block(s): 501A, 502, 503 VTD: 0053 MABLETON 2 (Part) Tract: 0313.01 Block(s): 319, 320, 321, 322, 323, 324, 338, 339 Tract: 0313.04 Block(s): 310, 311, 313, 315, 316, 317, 326, 327, 401, 402, 411, 412, 413, 414, 415, 423 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 (Part) Tract: 0313.01 Block(s): 206, 207, 208, 209, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 450, 451 VTD: 0070 MT. HARMONY VTD: 0080 PEBBLEBROOK VTD: OOA8 SWEETWATER 3 (Part) Tract: 0314.03 Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114 Tract: 0314.04 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 405, 406 VTD: OOC2 BIRNEY 2
District: 34
COBB COUNTY VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.04

1946

JOURNAL OF THE HOUSE,

Block(s): 534C, 534D Tract: 0302.05
Block(s): 913C, 913D Tract: 0302.06
Block(s): 236, 239, 240, 242, 701, 702, 703 Tract: 0302.07
Block(s): 101C, 101D, 101E, 106, 107, 110, 111, 112, 113A, 113E, 115C, 201D, 201E, 202, 701, 702, 703, 704, 705, 706
VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 526E, 535B Tract: 0302.05 Block(s): 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912B, 914B, 915B, 916B, 917B Tract: 0302.07 Block(s): 103C, 103D
VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0050 KENNESAW 2 (Part)
Tract: 0302.04 Block(s): 307, 319, 533, 534A, 534B
Tract: 0302.05 Block(s): 912A, 913A, 913B, 914A, 915A, 916A, 917A
Tract: 0302.07 Block(s): 101A, 101B, 102, 103A, 103B, 104A, 201A, 201B, 201C
VTD: 0051 LOST MOUNTAIN VTD: 0060 MARIETTA 4 (Part)
Tract: 0302.07 Block(s): 113B, 113C, 115A, 801A, 802A
Tract: 0306. Block(s): 904, 905
Tract: 0309.01 Block(s): 301A, 302, 303, 304
VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part)
Tract: 0309.01 Block(s): 101B, 301B, 301C, 401C, 501B, 502, 503, 601E, 601L, 601M, 603B, 604B, 701B, 701D
Tract: 0309.03 Block(s): 401B, 401C, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613
Tract: 0310.02 Block(s): 211, 212, 224C, 225B, 226, 227, 228
VTD: 0078 OREGON 4 VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 115D, 801B, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826
VTD: OOC1 OREGON 5
District: 35
COBB COUNTY VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01

WEDNESDAY, MARCH 4, 1992

1947

Block(s): 101B, 101C, 101D, 103, 104, 121B, 122B VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C
Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D
Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A
VTD: 0058 MARIETTA 2A VTD: 0060 MARIETTA 4 (Part)
Tract: 0302.07 Block(s): 823A
VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 601, 620, 624, 625
VTD: 0077 OREGON 3 (Part) Tract: 0309.01 Block(s): 401B, 601F, 601G, 601H, 601J, 601K, 701C, 703B Tract: 0309.03 Block(s): 302B, 302C, 302D, 302E, 302F, 305, 306, 401D
VTD: OOA1 SMYRNA 6 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 823B
VTD: OOB9 MARIETTA 2B
District: 36
COBB COUNTY VTD: 0002 AUSTELL (Part) Tract: 0313.01 Block(s): 310A, 328A, 330A, 337A, 340 Tract: 0313.04 Block(s): 426, 501A, 513, 514, 515A, 520 Tract: 0314.04 Block(s): 108A, 108B, 505A, 510A, 511A, 602A, 605A, 609A, 609B, 610A, 611A, 612A Tract: 0314.98 Block(s): 204A, 208A, 250A, 250B, 301A, 302, 303A, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 412, 413, 414, 415, 416, 417A, 418A, 418B, 419, 420, 421, 423, 501, 502, 503, 504, 505, 506A, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 516, 517, 518, 519, 520A, 521, 522A, 523A, 523B, 524, 525, 526, 527, 528A, 529A, 604, 606, 608A, 609, 611, 612, 613, 614A, 615A, 618, 619, 620, 621A, 622A, 623, 624, 625, 626, 627, 628, 629, 701A,

1948

JOURNAL OF THE HOUSE,

702A, 705A, 707, 708, 713A, 713B, 713C, 713D, 716A, 717 Tract: 0316.97 Block(s): 117 VTD: 0015 CLARKDALE (Part) Tract: 0314.04 Block(s): 605B Tract: 0314.98 Block(s): 201, 202, 203, 204B, 205, 206, 207, 208B, 209, 210, 213, 247, 250C, 301B, 303B, 303C, 304B, 304C, 411B, 418D, 506B, 506C, 515B, 515C, 515D, 515E, 520B, 522B, 523C, 523D, 523E, 528B, 528C, 529B, 601, 602, 603, 605, 607, 608B, 610, 614B, 615B, 616, 617, 621B, 622B, 705B, 706, 712, 713E, 713F, 713G, 714, 715, 716B Tract: 0315.02 Block(s): 516B, 519B, 519C, 519D, 519E, 523B, 524, 528, 529, 530, 610A VTD: 0052 MABLETON 1 (Part) Tract: 0314.04 Block(s): 504, 505B, 506, 507, 508, 509, 510B, 601, 602B, 603, 604, 605C, 606, 607, 608, 609C, 610B, 611B, 612B, 612C, 612D Tract: 0314.98 Block(s): 301C VTD: 0053 MABLETON 2 (Part) Tract: 0313.01 Block(s): 310C, 310D, 325, 326, 328B, 328C, 328D, 330B, 337B, 337C, 337D, 337E, 341 Tract: 0313.04 Block(s): 403, 404, 405, 406, 407, 408, 409, 410, 421A, 501B, 501C, 501D, 501E, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 515B, 516 Tract: 0314.04 Block(s): 501B, 511B Tract: 0314.98 Block(s): 417B, 417C, 418E, 418F, 418G, 418H VTD: 0056 MACLAND VTD: 0076 OREGON 2 VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 (Part) Tract: 0314.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108C,109
District: 37
COBB COUNTY VTD: 0010 BISHOP LAKE VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03

WEDNESDAY, MARCH 4, 1992

1949

Block(s): 401, 402B, 404, 405, 406B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part)
Tract: 0304.01 Block(s): 907B, 908, 920B, 920C
VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 906A, 907A, 920A, 920D Tract: 0305.03 Block(s): 402A, 403, 406A, 501A, 502B, 503A
VTD: 0068 MT. BETHEL 2 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 203, 204, 205, 206, 207, 208, 920E
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
District: 38
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 (Part) Tract: 0302.06 Block(s): 210, 211C, 211D, 211E, 231B, 233B, 234B, 237B, 238, 241 VTD: 0007 BIG SHANTY 2 (Part) Tract: 0302.04 Block(s): 101, 104, 107, 108, 211B, 212, 501B, 513B, 526D, 527B, 527C, 528B, 529, 530B, 531B Tract: 0302.05 Block(s): 603B, 604, 609B, 610, 612B, 619B, 620B, 621 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 (Part) Tract: 0302.04 Block(s): 302, 303, 304, 305, 308, 309, 310, 311, 312, 317, 318 Tract: 0302.06 Block(s): 201A, 202, 203, 207A, 211A, 211B, 212, 213, 214A, 214B, 214C, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231A, 232, 233A, 234A, 235, 237A VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0090 RED ROCK
District: 39
COBB COUNTY VTD: 0005 BELLS FERRY 3 (Part) Tract: 0303.10 Block(s): 102, 103, 104, 105, 106, 107, 108,

1950

JOURNAL OF THE HOUSE,

109, 110, 801, 802, 803, 804, 805, 806 VTD: 0038 GARRISON MILL VXD: 0045 CRITTERS 7 VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0087 POST OAK 8 VTD: OOB3 CRITTERS 8 VTD: OOB5 CRITTERS 10
District: 40
COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 (Part) Tract: 0303.10 Block(s): 201, 202, 203, 204, 205, 206, 301, 302, 401, 402, 403, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717 Tract: 0303.13 Block(s): 603, 604 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 309, 310, 311, 409, 601B VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112C, 113, 114C, 115, 116, 201C, 203, 204, 205, 206, 207, 401, 402, 403. 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306 VTD: 0039 CRITTERS 1 VTD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0062 MARIETTA 6 (Part) Tract: 0305.03 Block(s): 302A VTD: OOB4 CRITTERS 11 VTD: OOB7 CRITTERS 9
District: 41
FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0116.01 Block(s): 202A, 302A, 303A, 305A, 305B, 503A, 504A, 618D, 620D Tract: 0116.02 Block(s): 301, 302, 303, 304A, 401A, 401B, 401C, 401D, 401E, 402, 403, 404. 501, 502A, 503, 504, 505, 506A, 506B, 507, 601A, 601B,

WEDNESDAY, MARCH 4, 1992

1951

601C, 602, 603A, 709A, 901A, 901B, 902A, 903A, 904, 905, 906, 907A, 907B, 910A, 911A, 912A, 913A, 914A, 914B, 916A VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NC03 VTD: OOP2 NC04 (Part) Tract: 0116.02 Block(s): 304B, 304C, 304D, 401F, 401G, 401H, 401J, 401K, 702, 703, 709B, 901C, 902B, 903B, 907C, 907D, 908, 909, 910B, 91 IB, 912B, 913B, 913C, 913D, 913E, 914C, 915, 916B, 917 Tract: 0116.03 Block(s): 101, 102, 103, 104, 201, 202, 902, 903 VTD: OOPS NC05 VTD: OOP6 NCOS (Part) Tract: 0115. Block(s): 503C, 507, 508, 509, 512, 515B, 515C, 516C, 516D, 601, 602, 603, 604, 605C, 605D, 652C, 654, 701B VTD: 00X3 AP02 (Part) Tract: 0114.04 Block(s): 501A, 601, 602A, 602B, 604, 702A Tract: 0115. Block(s): 409A, 410, 411A, 411B, 411C, 411H, 412A Tract: 0116.01 Block(s): 101A, 101B, 102A, 103A, 104A, 105A, 106, 107, 108A, 108G, 109A, 110A, HOB, HOC, HOD, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 304A, 403A, 403B, 403C, 403D, 404A, 405A, 405B, 407, 408A, 409, 410, 505A, 506, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A, 610D, 610E, 611A, 612A, 613A, 614A, 615A, 615G, 616A, 618A, 618C, 620A, 620E, 620F, 621A, 622, 623, 624, 625, 626
District: 42
FULTON COUNTY VTD: OON7 MP01 VTD: OOP6 NCOS (Part) Tract: 0115. Block(s): 503B, 645B, 708, 709B, 709C VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 (Part) Tract: 0114.11 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 115, 116, 117A, 119, 120, 201, 202, 301, 302A, 401A, 402A, 501A, 601, 602, 603, 604, 605, 606, 607, 608, 609 VTD: OOR7 RW05 VTD: OOR9 RW07 (Part) Tract: 0114.03 Block(s): 501, 502, 503, 504, 505 Tract: 0114.04 Block(s): 301, 302, 401A, 401B, 402, 501B, 602E, 608, 609, 610, 701, 702B Tract: 0114.07 Block(s): 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511 Tract: 0116.01 Block(s): HOE, 110F, 610B, 611B, 613B, 614B, 615B, 615C, 615D, 615E, 615F, 616B, 616C, 616E, 617, 618B, 619, 620B, 620C

1952

JOURNAL OF THE HOUSE,

VTD: 00X3 AP02 (Part) Tract: 0116.01 Block(s): HOG
VTD: OOY2 RW09
District: 43
FULTON COUNTY VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV1 SS04 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOW3 SS15 VTD: OOW4 SS16 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW9 SS22
District: 44
FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0114.08 Block(s): 201A, 202, 203A, 501A, 501B, 501C, 601A, 602A Tract: 0116.01 Block(s): 701, 702, 703, 704 Tract: 0116.02 Block(s): 704A, 704B, 705A, 705B, 706, 707A, 708A, 918A VTD: OOP2 NC04 (Part) Tract: 0116.02 Block(s): 701, 704C, 705C, 707B, 710, 918B, 918C, 918D, 918E VTD: OOP4 NC06 VTD: OOPS NC07 VTD: OOP7 NC09 VTD: OOP9 NCll VTD: OOR5 RW04 (Part) Tract: 0114.10 Block(s): 201A VTD: OOR8 RW06 VTD: OOR9 RW07 (Part) Tract: 0114.04 Block(s): 201, 202, 203, 204, 602C, 602D, 603, 605, 606, 607 VTD: OOU7 SS01 VTD: 00X3 AP02 (Part) Tract: 0114.04 Block(s): 602F Tract: 0116.01 Block(s): 621B VTD: 00X6 SS17
District: 45
FULTON COUNTY VTD: OOA8 8A VTD: OOA9 8B VTD: GOBI 8C VTD: OOB2 8D

WEDNESDAY, MARCH 4, 1992

1953

VTD: OOB3 8E VTD: OOB4 8F VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: OOV8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW8 SS21 VTD: 00X5 SS23
District: 46
FULTON COUNTY VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D VTD: 0094 7F VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA5 7S VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOC1 8M VTD: OOC7 8V VTD: OOW2 SS14
District: 47
FULTON COUNTY VTD: 0077 6A VTD: 0078 6B VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0096 7H VTD: 0097 7J VTD: OOA2 7N VTD: OOA3 7P
District: 48
FULTON COUNTY VTD: 0005 IE (Part) Tract: 0049.95 Block(s): 305, 306, 601, 609, 613 VTD: 0008 U (Part) Tract: 0055.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126,

1954

JOURNAL OF THE HOUSE,

127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 203, 204, 205, 206, 210, 211, 212, 213, 218, 219, 220, 221, 225, 226, 227, 228, 229, 230 VTD: 0016 2A VTD: 0017 2B VTD: 0024 2J VTD: 0025 2K (Part) Tract: 0035. Block(s): 116, 120, 121, 126, 131B Tract: 0048. Block(s): 101, 103, 105, 106, 108, 109, 208, 209, 210, 211 VTD: 0026 2L VTD: 0030 2R (Part) Tract: 0043. Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 202, 203 VTD: 0031 2S (Part) Tract: 0027. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 139, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236 VTD: 0047 3J VTD: 0059 4E VTD: 0062 4H (Part) Tract: 0046.95 Block(s): 104, 105, 201, 202, 203 Tract: 0049.95 Block(s): 103, 104, 106, 107, 108, 201, 202, 203, 206, 301, 302, 303, 304 Tract: 0055.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 509 Tract: 0056. Block(s): 101, 102, 103, 104, 105, 106, 201, 202, 203, 204, 205, 206, 301, 302, 304, 305, 306, 307, 401, 402, 403, 404, 405, 406, 407, 501, 502, 503, 504, 505, 506 Tract: 0057. Block(s): 209, 210, 302, 306, 307, 308 Tract: 0063. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 418, 419, 420, 421 VTD: OOA4 7R VTD: OOH9 12A VTD: OOJ1 12B VTD: OOK4 12P
District: 49
FULTON COUNTY VTD: 0023 2H VTD: 0030 2R (Part)

WEDNESDAY, MARCH 4, 1992

1955

Tract: 0037. Block(s): 102, 103, 104, 105, 106, 107, 108
Tract: 0038. Block(s): 505, 506
Tract: 0043. Block(s): 201
VTD: 0035 2W VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0064 4K VTD: 0065 4L VTD: 0067 4N (Part)
Tract: 0040. Block(s): 201, 203, 204, 205, 206, 207, 209, 210, 211, 212, 215
Tract: 0041. Block(s): 310B
VTD: OOC3 8P VTD: OOC4 8R VTD: OOF9 10M (Part)
Tract: 0060. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302
District: 50
FULTON COUNTY VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0046 3H VTD: 0048 3K VTD: 0053 3R VTD: 0058 4D VTD: OOB8 8K VTD: OOB9 8L VTD: OOC2 8N VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H (Part) Tract: 0087.01 Block(s): 101, 114, 301, 302, 303, 304, 305, 309 Tract: 0088. Block(s): 123, 124 VTD: OOFS 10F VTD: OOF4 10G VTD: OOF6 10J
District: 51
COBB COUNTY

1956

JOURNAL OF THE HOUSE,

VTD: 0073 OAKDALE 1 (Part) Tract: 0312.02 Block(s): 304, 306, 307, 308, 311, 312, 313, 314, 315, 316, 317, 318, 319B, 325B, 329, 330, 335, 338, 341, 403B, 404, 405, 406, 407, 408B, 409, 410, 411, 412, 413B, 414, 415, 416, 417, 418, 419B, 424, 434, 435B, 441, 442, 501, 502, 503, 504, 506, 507, 508, 509, 510, 511, 513, 514, 526, 527
FULTON COUNTY VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD7 9H (Part) Tract: 0087.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 111, 112 Tract: 0087.02 Block(s): 101, 102, 103, 106, 109, 110, 111, 112, 113, 201, 203, 204, 205, 206, 210, 211, 212, 213, 214, 215, 216 VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOF1 10D VTD: OOF2 10E VTD: OOF5 10H VTD: OOF7 10K VTD: 00X7 9T
District: 52
FULTON COUNTY VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOFS 10L VTD: OOG3 11B VTD: OOG5 11D VTD: OOT1 SC08 (Part) Tract: 0105.05 Block(s): 405A, 405B, 406, 501, 502, 503B, 504B, 505B, 505C, 514B, 601A, 601C, 601D, 602B, 602C, 603B, 618B Tract: 0105.06 Block(s): 104, 105, 106, 107, 108, 110, 111, 112, 113, 202B, 202C, 205, 207B VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: 00X2 UC02 (Part) Tract: 0105.06 Block(s): 202A, 203A, 204A, 703A, 703B, 704, 705, 706, 707A, 708, 709, 714A, 715, 716C, 716D, 716E, 717, 718A, 718B, 719A, 731, 732, 738, 739, 740A, 741 VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY6 SC04 (Part) Tract: 0103.01 Block(s): 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801, 802, 803, 804, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840 Tract: 0104.

WEDNESDAY, MARCH 4, 1992

1957

Block(s): 301, 302, 303, 304 VTD: OOY7 SC05 VTD: OOY9 SC07 (Part)
Tract: 0105.06 Block(s): 201, 202D, 202E, 203B, 203C, 203D, 204B, 206, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403C, 405, 406C, 406D, 406E, 406F, 410, 418, 421, 422, 423, 424, 425, 426, 427, 428, 431, 432, 433, 703C, 707B, 707C, 710B, 711B, 714B, 716F, 716G, 718C, 718D, 719B, 740B
District: 53
FULTON COUNTY VTD: OOG4 11C VTD: OOG6 HE VTD: OOH1 11J VTD: OOH2 UK VTD: OOH3 11L VTD: OOH4 11M VTD: OOH5 UN VTD: OOH6 HP VTD: OOH7 11R VTD: OOL6 EP01 VTD: OOM5 EP09 VTD: OON1 EP14 VTD: OOT1 SC08 (Part) Tract: 0105.06 Block(s): 101, 102, 103, 109 VTD: OOU1 SC17 VTD: OOY5 SC03
District: 54
FULTON COUNTY VTD: 0061 4G VTD: 0066 4M VTD: 0067 4N (Part) Tract: 0060. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413 VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: OOF9 10M (Part) Tract: 0060. Block(s): 303, 304, 305, 306, 307, 308, 309, 310, 311 VTD: OOGl ION VTD: OOG2 HA VTD: OOG8 11G VTD: OOG9 11H VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E (Part) Tract: 0074. Block(s): 201, 202, 203, 204, 208, 209, 211A, 212A, 213 Tract: 0075. Block(s): 201, 203A, 204A, 205, 206, 207,

1958

JOURNAL OF THE HOUSE,

208, 209, 210A, 211A, 301 Tract: 0108.
Block(s): 616A, 628A, 629, 630 Tract: 0110.
Block(s): 114B VTD: OOJ6 12G VTD: OOK1 12L VTD: OOK7 CP02 VTD: OOL8 EPOS VTD: OON4 HP01 VTD: OOU3 SC19
District: 55
FULTON COUNTY VTD: OOK6 CP01 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL7 EP02 VTD: OOM1 EP05 VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON2 EP15
District: 56
FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C (Part) Tract: 0067. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 401, 402, 403, 404, 406, 407, 408, 409A Tract: 0070. Block(s): 104, 105 VTD: 0004 ID VTD: 0005 IE (Part) Tract: 0049.95 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 412, 413, 414, 415, 416, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 602, 603, 604, 605, 606, 607, 608, 610, 611, 612 Tract: 0053. Block(s): 307, 308, 311, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516 VTD: 0011 1M VTD: 0014 1R (Part) Tract: 0071. Block(s): 101, 102 VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0025 2K (Part) Tract: 0035. Block(s): 103, 108, 109, 110, 111, 112, 113, 115, 117

WEDNESDAY, MARCH 4, 1992

1959

Tract: 0048. Block(s): 102, 104, 107
VTD: 0031 2S (Part) Tract: 0018. Block(s): 607 Tract: 0027. Block(s): 118 Tract: 0028. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 208, 301, 302, 303, 304, 305, 306, 310, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0029. Block(s): 103, 104, 201, 202, 308, 401, 402, 403, 406, 407
VTD: 0038 2Z VTD: 0062 4H (Part)
Tract: 0053. Block(s): 401
VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K
District: 57
FULTON COUNTY VTD: 0003 1C (Part) Tract: 0070. Block(s): 101, 102, 103, 106, 405, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715 VTD: 0008 U (Part) Tract: 0067. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309, 313, 314, 315, 405, 409B, 410, 501, 502, 503, 504, 505, 506, 507 VTD: 0010 1L VTD: 0013 IP VTD: 0014 1R (Part) Tract: 0068.02 Block(s): 101, 102, 103, 104, 105 Tract: 0071. Block(s): 103, 104, 105, 106, 107, 108, 109, 111, 204, 205, 206 VTD: 0015 IS VTD: OOJ4 12E (Part) Tract: 0074. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 Tract: 0075. Block(s): 107, 108, 109, 110, 112, 113 VTD: 00J5 12F VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK2 12M VTD: OOK3 12N VTD: OON5 HP02
District: 58
FULTON COUNTY VTD: OON3 FA01

1960

JOURNAL OF THE HOUSE,

VTD: OOR1 PA01 VTD: OOT1 SC08 (Part)
Tract: 0105.05 Block(s): 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 401, 402, 403, 404, 407, 408
VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SCll VTD: OOT5 SCI2 VTD: OOT6 SC13 VTD: OOU5 SC21 VTD: 00X1 UC01 VTD: 00X2 UC02 (Part)
Tract: 0105.04 Block(s): 601A, 602A
Tract: 0105.06 Block(s): 207A, 702, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 733, 736, 737, 742, 743, 744, 745, 746, 801, 802, 803, 804, 805, 806, 807B, 808B, 809, 810, 811A, 812, 813, 814, 815B, 818, 821A
VTD: OOY6 SC04 (Part) Tract: 0103.01 Block(s): 805, 806, 807, 808, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828 Tract: 0104. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 139, 140, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 182, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315
VTD: OOY9 SC07 (Part) Tract: 0105.06 Block(s): 403D, 406B, 429, 430, 434, 435, 436B, 437, 438, 439B, 439C, 440, 441, 442B, 443, 444, 445, 446, 447, 448, 457B, 457C, 601, 602B, 606, 614B, 615, 944E, 944F, 944G
District: 59
DEKALB COUNTY VTD: 0032 DORAVILLE NORTH (Part) Tract: 0213.03 Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 202, 203A, 206A, 207A Tract: 0213.04 Block(s): 101B, 117A, 203, 204 VTD: 0037 DUNWOODY (Part) Tract: 0212.10 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0095 OAKCLIFF (Part) Tract: 0213.03 Block(s): 101B, 203B, 206B, 221, 222, 223 VTD: 0099 PEACHTREE (Part) Tract: 0212.12 Block(s): 201, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0213.04

WEDNESDAY, MARCH 4, 1992

1961

Block(s): 101C, 114, 115, 117B, 117C, 301, 302, 303, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 313, 314C
VTD: OOAD PLEASANTDALE VTD: OOBQ VANDERLYN (Part)
Tract: 0212.10 Block(s): 303, 304, 305, 306, 307, 308, 314, 315, 316, 317
Tract: 0212.11 Block(s): 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129
Tract: 0212.12 Block(s): 202, 203
VTD: OOBR VERMACK (Part) Tract: 0212.05 Block(s): 109, 506, 507, 508, 509
VTD: OOBU WARREN
District: 60
DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0020 CHAMBLEE NORTH VTD: 0023 CHESTNUT VTD: 0037 DUNWOODY (Part) Tract: 0212.07 Block(s): 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 317, 320 VTD: 0057 HUNTLEY HILLS VTD: 0090 NANCY CREEK VTD: 0099 PEACHTREE (Part) Tract: 0212.12 Block(s): 204, 205, 206, 211, 220, 221 VTD: OOAW SHALLOWFORD VTD: OOAY SILVER LAKE VTD: OOBQ VANDERLYN (Part) Tract: 0212.10 Block(s): 318, 319, 320 VTD: OOBR VERMACK (Part) Tract: 0212.05 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 510
District: 61
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD VTD: 0030 CROSS KEYS VTD: 0041 EMORY (Part) Tract: 0215. Block(s): 111, 112 Tract: 0216.03 Block(s): 106, 107, 108, 109 VTD: 0074 MARGARET HARRIS VTD: 0086 MONTCLAIR VTD: OOAR SAGAMORE VTD: OOBA SKYLAND

1962

JOURNAL OF THE HOUSE,

VTD: OOBW WESLEY WOODS (Part) Tract: 0215. Block(s): 120, 121, 122, 123, 124, 125, 126
District: 62
DEKALB COUNTY VTD: 0021 CHAMBLEE SOUTH VTD: 0032 DORAVILLE NORTH (Part) Tract: 0213.01 Block(s): 101A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125 Tract: 0213.03 Block(s): 109, 110, 111, 112, 113A, 114, 201A, 212A, 220A Tract: 0213.04 Block(s): 101A, 102, 103, 104, 105A, 105B, 106A, 107, 108, 109, 110, 111, 120, 122, 201, 202, 205, 206, 207, 209, 212, 213, 214, 217, 218, 219, 220, 221, 225, 228A, 233A, 307A, 314A, 314B VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF (Part) Tract: 0213.02 Block(s): 101B Tract: 0213.03 Block(s): 113B, 201B, 204, 205, 206C, 207B, 208, 209, 210, 211, 212B, 213, 214, 215, 216, 217, 218, 219, 220B, 224
District: 63
DEKALB COUNTY VTD: 0011 BRIARLAKE VTD: 0013 BROCKETT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY (Part) Tract: 0218.05 Block(s): 201, 202, 203, 205, 206, 207, 208, 209 Tract: 0218.06 Block(s): 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 132, 133, 134, 135, 136, 306, 307 Tract: 0218.09 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521 VTD: 0079 MEDLOCK VTD: 0087 MONTREAL VTD: 0092 NORTHLAKE

WEDNESDAY, MARCH 4, 1992

1963

VTD: OOAK REHOBOTH VTD: OOBP TUCKER (Part)
Tract: 0218.09 Block(s): 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221
District: 64
DEKALB COUNTY VTD: 0051 HAMBRICK (Part) Tract: 0219.05 Block(s): 104A, 105, 106, 107, 108, 109, 110, 111, 112 Tract: 0220.04 Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 114, 115 VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0069 LAVISTA AND LIVSEY (Part) Tract: 0218.06 Block(s): 301, 302, 303, 304, 305, 308 VTD: OOAH REDAN NORTH (Part) Tract: 0233.05 Block(s): 101, 102, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402, 501, 502, 503, 504, 505 Tract: 0233.06 Block(s): 301, 302, 303, 304, 305, 407, 408 VTD: OOAX SILVER HILL (Part) Tract: 0219.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119C, 120B, 121, 122, 139B, 142, 143, 144, 149, 150, 201C, 206B, 208B, 209B, 211B, 213B, 214B, 215B, 247, 325C, 325D, 328B, 335, 336B, 337B, 341B, 344, 348 VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBP TUCKER (Part) Tract: 0218.09 Block(s): 401, 402, 403, 404, 405, 406, 407
District: 65
DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0051 HAMBRICK (Part) Tract: 0220.04 Block(s): 112, 113 VTD: 0062 JOLLY (Part) Tract: 0220.02 Block(s): 201C, 405B, 406, 407, 408, 409, 410B, 411B, 412B VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: OOAC PINE LAKE VTD: OOAH REDAN NORTH (Part) Tract: 0233.06 Block(s): 401 VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06

1964

JOURNAL OF THE HOUSE,

Block(s): 402, 403, 404, 405, 406 VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAX SILVER HILL (Part)
Tract: 0219.03 Block(s): 349B
VTD: OOBG STONE MOUNTAIN
District: 66
DEKALB COUNTY VTD: 0026 CLARKSTON VTD: 0036 DUNAIRE VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY (Part) Tract: 0220.02 Block(s): 303, 304B, 305B, 309, 310, 311, 312 VTD: 0076 MCLENDON VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE
District: 67
DEKALB COUNTY VTD: 0006 AVONDALE ESTATES VTD: 0014 CALLANWOLDE VTD: 0024 CLAIREMONT VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY (Part) Tract: 0215. Block(s): 114, 115 Tract: 0224.02 Block(s): 101, 102, 103, 105, 108, 109, 110, 111, 114, 115, 201, 203, 204, 205, 206, 207, 208A, 211, 212, 213, 214, 215, 220, 224, 227, 228 Tract: 0224.03 Block(s): 102, 108, 401A, 406, 407, 410, 411, 412, 413, 414, 420 Tract: 0225. Block(s): 101B, 109B VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0061 JOHNSON ESTATES VTD: 0091 NORTH DECATUR VTD: OOAE PONCE DE LEON (Part) Tract: 0225. Block(s): 309, 316, 317, 318, 319, 320, 505, 601, 602, 604, 605, 606, 608, 609, 610, 611, 612A, 614, 701, 702 VTD: OOAU SCOTT VTD: OOBW WESLEY WOODS (Part) Tract: 0215. Block(s): 116, 117, 118, 119, 127, 128, 129, 130, 132, 133 Tract: 0224.02

WEDNESDAY, MARCH 4, 1992

1965

Block(s): 202, 208B, 218, 219, 221, 222 VXD: OOBX WESTCHESTER
District: 68
DEKALB COUNTY VTD: 0038 EAST LAKE (Part) Tract: 0208. Block(s): 201, 202, 203, 204, 205, 214, 215, 501, 502, 503, 505, 506, 508, 509, 510, 512, 514, 515, 516, 518, 519, 521, 522, 523, 524, 525, 526, 527, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538 VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOAE PONCE DE LEON (Part) Tract: 0225. Block(s): 401, 402, 403, 404, 405, 406, 408, 411, 412, 502, 503, 507, 508, 509, 510, 513, 603, 607 VTD: OOBD SOUTH DECATUR VTD: OOBJ TERRY MILL VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH
District: 69
DEKALB COUNTY VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0038 EAST LAKE (Part) Tract: 0208. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 206, 207, 208, 209, 210, 211, 212, 213, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 316, 317, 318, 319, 320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 513 VTD: 0047 FORREST HILLS VTD: 0055 HOOPER ALEXANDER VTD: 0066 KNOLLWOOD VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: OOAG RAINBOW PARK (Part) Tract: 0234.08 Block(s): 303, 304, 305 VTD: OOBK TILSON (Part) Tract: 0236. Block(s): 101, 103, 104, 105, 106, 205, 206, 207, 208, 209, 210, 211 VTD: OOBL TONEY VTD: OOBT WADSWORTH VTD: OOCB WINNONA
District: 70
DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0015 CANBY VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0031 CROSSROADS (Part) Tract: 0232.07

1966

JOURNAL OF THE HOUSE,

Block(s): 108A, 108B, 109, 110, 111, 112, 113, 120, 121, 122
VTD: 0098 PEACHCREST VTD: OOAF RAINBOW (Part)
Tract: 0234.08 Block(s): 103, 301, 302, 801, 802, 803, 804, 812
VTD: OOAN ROWLAND VTD: OOBC SNAPFINGER VTD: OOBN TOWERS
District: 71
DEKALB COUNTY VTD: 0031 CROSSROADS (Part) Tract: 0232.07 Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119 VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 201B, 205, 209, 214, 215, 218, 219, 224, 226, 229 VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 507, 508, 509A Tract: 0233.07 Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506 Tract: 0233.08 Block(s): 501, 502, 503, 504, 505, 515 VTD: OOAT SALEM VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 210B, 215B Tract: 0233.08 Block(s): 506, 507, 508, 509, 510, 511, 512, 513, 514, 516, 517, 518, 519, 520
District: 72
DEKALB COUNTY VTD: 0019 CEDAR GROVE (Part) Tract: 0234.04 Block(s): 115, 116, 117, 118, 120, 121, 122, 202, 203, 204, 209, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 325, 326, 327, 328, 329, 330, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 505 VTD: 0039 EASTLAND VTD: 0046 FLAT SHOALS VTD: 0050 GRESHAM PARK VTD: 0063 KELLY LAKE VTD: 0078 MEADOWVIEW VTD: OOBK TILSON (Part) Tract: 0236. Block(s): 107, 108, 109, 110, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 602, 603, 606, 607, 608, 609, 610, 611, 612, 613, 701, 702, 703, 705, 706, 708,

WEDNESDAY, MARCH 4, 1992

1967

709, 711, 713, 714, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813
District: 73
DEKALB COUNTY VTD: 0007 BOB MATHIS VTD: 0019 CEDAR GROVE (Part) Tract: 0234.05 Block(s): 105, 106, 107, 108, 109, 111, 112, 113, 116, 117, 118, 119 VTD: 0022 CHAPEL HILL VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0077 MCWILLIAMS VTD: OOAF RAINBOW (Part) Tract: 0234.08 Block(s): 808, 809, 810, 811, 813, 814, 815, 816, 817, 818, 819, 820, 901A, 903, 904, 905, 906, 907, 908, 909 VTD: OOAG RAINBOW PARK (Part) Tract: 0234.03 Block(s): 920, 921, 923, 924 Tract: 0234.05 Block(s): 101, 114, 115 Tract: 0234.08 Block(s): 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 703, 704, 805, 806, 807, 901B, 902 VTD: OOBE SPRING HILL VTD: OOBV WESLEY CHAPEL
District: 74
DEKALB COUNTY VTD: 0044 FAIRINGTON (Part) Tract: 0234.07 Block(s): 201A, 202, 203, 204, 206, 207, 208, 210, 211, 216, 217, 234 VTD: OOAB PHILLIPS VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 201B, 202B, 205B, 208, 211C, 212, 213, 214, 307B, 308, 309B Tract: 0233.08 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610
ROCKDALE COUNTY VTD: 0003 FIAT SHOALS (Part) Tract: 0603.02 Block(s): 305B Tract: 0603.04 Block(s): 614C VTD: 0004 HONEY CREEK VTD: 0006 LORRAINE VTD: 0007 MAGNET VTD: 0009 OLDE TOWNE (Part) Tract: 0602. Block(s): 701A Tract: 0603.02 Block(s): 301A, 305A, 611A Tract: 0603.03

1968

JOURNAL OF THE HOUSE,

Block(s): 113A, 118A, 118B, 118C, 118D, 119A, 401A, 402, 403, 502A, 503, 504, 505, 506, 507, 508, 509, 510, 511, 702A
Tract: 0603.04 Block(s): 102C, 106A, 107, 108, 109, 110, 111, 112, 113A, 401A, 402, 403A, 404, 405, 406, 407A, 503B, 507, 508, 509, 510A, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525A, 526, 527, 528A, 529, 530, 601A, 607A, 608, 609A, 610, 611A, 612, 613, 614A, 615A, 616A, 617A, 701A, 701B, 702A, 705A
VTD: 0010 ROCKDALE VTD: 0012 SMYRNA VTD: 0013 STANTON VTD: 0015 BARKSDALE
District: 75
DEKALB COUNTY VTD: 0070 LITHONIA VTD: OOAL ROCKBRIDGE VTD: OOBH STONEVIEW (Part) Tract: 0233.03 Block(s): 310B, 315B, 316, 317, 318B, 319B, 320B, 321, 415B, 419, 420, 421B, 422
ROCKDALE COUNTY VTD: 0001 CONYERS VTD: 0002 FIELDSTONE VTD: 0003 FIAT SHOALS (Part) Tract: 0603.02 Block(s): 203, 301B, 302, 303, 304, 305C, 305D, 306, 307, 308, 309, 401, 402, 623, 624, 625, 635, 636 Tract: 0603.04 Block(s): 611B, 614B, 614D, 615B, 616B, 701C, 702B, 703, 704, 705B, 706, 707, 708 VTD: 0005 LAKES DISTRICT VTD: 0008 MILSTEAD VTD: 0009 OLDE TOWNE (Part) Tract: 0603.03 Block(s): 116A, 201B, 201C, 501A, 601B, 601E, 605A, 607A, 701A VTD: 0011 SHEFFIELD VTD: 0014 HIGHTOWER
District: 76
GWINNETT COUNTY VTD: 0014 408E VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0054 1578D VTD: 0066 408J VTD: 0072 571C VTD: 0077 571B
District: 77
GWINNETT COUNTY VTD: 0003 405A

WEDNESDAY, MARCH 4, 1992

1969

VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0050 405H VTD: 0064 4051
District: 78
GWINNETT COUNTY VTD: 0004 405B VTD: 0035 406B VTD: 0037 406D VTD: 0043 406J VTD: 0061 4060 VTD: 0070 406P VTD: 0075 406R
District: 79
GWINNETT COUNTY VTD: 0034 406A VTD: 0036 406C VTD: 0038 406E VTD: 0039 406F VTD: 0058 406L VTD: 0059 406M VTD: 0060 406N
District: 80
GWINNETT COUNTY VTD: 0018 1263A VTD: 0019 1263B VTD: 0024 404A VTD: 0040 406G VTD: 0041 406H VTD: 0052 1263C VTD: 0053 1263D VTD: 0074 404C
District: 81
GWINNETT COUNTY VTD: 0031 544A VTD: 0032 544B (Part) Tract: 0505.07 Block(s): 203 VTD: 0042 4061 VTD: 0057 406K VTD: 0069 544E VTD: 0071 406Q VTD: 0078 544D
District: 82
GWINNETT COUNTY VTD: 0027 444B (Part) Tract: 0505.03 Block(s): 101, 102, 103, 104, 105, 106, 107,

1970

JOURNAL OF THE HOUSE,

108, 109, 110, 111, 112, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 140, 145, 146, 156, 157, 158, 159, 160, 161, 167, 191, 192, 193, 211, 223, 224 Tract: 0506.01 Block(s): 164 Tract: 0506.02 Block(s): 305, 333, 334, 335, 345, 346, 347 VTD: 0029 407B VTD: 0030 407C VTD: 0032 544B (Part) Tract: 0505.02 Block(s): 134A, 134B Tract: 0505.07 Block(s): 101A, 101B, 102A, 201, 202, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 306, 307, 308, 309, 310, 311, 701, 702A, 702B, 702C, 703, 704, 705A, 705B, 705C, 705D, 706, 707, 708 VTD: 0033 544C VTD: 0055 407D VTD: 0067 404B
District: 83
GWINNETT COUNTY VTD: 0010 408A VTD: 0011 408B VTD: 0012 408C VTD: 0013 408D VTD: 0015 408F VTD: 0016 408G VTD: 0051 408H VTD: 0065 4081 VTD: 0073 408K
District: 84
GWINNETT COUNTY VTD: 0001 1295A (Part) Tract: 0505.09 Block(s): 504, 505, 506, 507, 604 Tract: 0507.04 Block(s): 140 Tract: 0507.05 Block(s): 102A, 102B, 103, 104A, 104B, 112, 113, 114, 115, 116, 119, 122, 123, 124, 125A, 125B, 125C, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134A, 134B, 134C, 135, 136, 137, 138A, 138B, 138C, 139A, 139B, 140A, 140B, 140C, 141A, 141B, 141C, 149, 160B, 161A, 161B, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 213C, 214, 215, 216, 217, 218, 219, 220A, 220B, 221A, 221B, 222, 223A, 223B, 224, 226 VTD: 0002 1295B (Part) Tract: 0507.04 Block(s): 101, 102A, 102B, 103, 104, 105, 106, 107A, 107B, 108, 109, 110, 111A, 111B, 112, 113A, 113B, 113C, 113D, 113E, 114, 115A, 115B, 116A, 116B, 116C, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135,

WEDNESDAY, MARCH 4, 1992

1971

136, 137, 138, 139A, 139B, 139C, 141, 142, 143, 144, 201, 202, 203, 204, 206, 207 VTD: 0028 407A VTD: 0045 571A VTD: 0056 407E VTD: 0068 407F VTD: 0076 571D WALTON COUNTY VTD: 0417 LOGANVILLE (Part) Tract: 1105. Block(s): 112A, 113A, 113B, 128A, 129A, 130, 131, 132, 135A, 136, 137, 138, 139, 140, 141A, 141B, 176A, 177, 178A, 178B, 179, 180A, 180B, 181A, 181B, 181C, 182, 183A, 203A, 204, 205A, 205B, 205C, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 232, 233, 234, 235, 237, 239A, 239B, 239C, 239D, 240A, 240B, 241, 242, 243, 244, 245, 246A, 246B, 246C, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 256A, 256B, 257A, 257B, 258A, 258C, 259, 314, 315, 317, 319, 320, 321, 322, 325, 342, 344, 345, 502
District: 85
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0008 MASHBURN
GWINNETT COUNTY VTD: 0026 444A VTD: 0044 1397 (Part) Tract: 0501.02 Block(s): 802A Tract: 0506.01 Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106, 107A, 107B, 107C, 107D, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 124C, 124D, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139, 140, 141, 144, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 230, 231, 253, 254 VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0062 550C VTD: 0063 550D
District: 86
BARROW COUNTY GWINNETT COUNTY
VTD: 0001 1295A (Part) Tract: 0505.09 Block(s): 401, 405, 406, 407 Tract: 0507.05 Block(s): 101, 105, 106, 107, 108, 109, 110, 111, 117, 142, 143, 144, 145, 146, 147, 148, 150, 151, 152, 153, 154, 155, 156,

1972

JOURNAL OF THE HOUSE,

157, 158, 159, 201, 202, 203 VTD: 0017 1564 (Part)
Tract: 0506.02 Block(s): 401, 402, 403, 404A, 404B, 405, 406, 407, 408, 409, 410A, 410B, 410C, 411A, 411B, 411C, 411D, 412, 413, 414A, 414B, 429, 430, 431, 432, 433, 434, 435, 436A, 436B, 436C, 437A, 437B, 437C, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457
VTD: 0025 478
District: 87
WALTON COUNTY VTD: 0250 CAMPTON VTD: 0414 GRATIS VTD: 0415 BETWEEN VTD: 0416 WALNUT GROVE VTD: 0417 LOGANVILLE (Part) Tract: 1105. Block(s): 107, 108, 109, 110, 112B, 113C, 121, 122, 123, 124, 125, 126, 127, 128B, 128C, 129B, 133, 135B, 141C, 142, 143, 147, 148, 149, 176B, 183B, 183C, 184, 201, 202, 203B, 205D, 228B, 229, 230, 231, 236, 238, 258B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 316, 318, 323, 324, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 343, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 501, 503, 504, 505 VTD: 0418 SOCIAL CIRCLE VTD: 0419 MONROE AND BLASINGAME VTD: 0454 MOUNTAIN VTD: 0502 JERSEY VTD: 0559 GOOD HOPE VTD: 1663 BOLD SPRINGS VTD: 1675 WHATLEY
District: 88
CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126, 127, 128, 129 Tract: 0013.02 Block(s): 108A, 108B, 108C, 108D, 108E, 117A, 117B, 118A, 118B, 119A, 120A, 120B, 120C, 120D, 120E, 120F, 121A, 121B, 121C, 121D, 121E, 125, 130A, 130B, 132A, 133A, 133B, 134, 135, 201A, 205A, 206A, 209A, 210A, 210B, 211A, 318A VTD: 001A PRECINCT 216-1A (Part) Tract: 0004. Block(s): 209, 210, 211, 212, 213, 214A, 215, 217 Tract: 0015.01 Block(s): 301A, 303A, 307A VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 105

WEDNESDAY, MARCH 4, 1992

1973

Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 214
Tract: 0011. Block(s): 111, 112, 113, 114, 115, 201, 202, 203, 204
Tract: 0012. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223
Tract: 0015.02 Block(s): 306A, 418A, 419A
VTD: 002B PRECINCT 216-2B VTD: 003A PRECINCT 216-3A VTD: 005B PRECINCT 216-5B (Part)
Tract: 0008. Block(s): 124, 125, 130, 131, 209
Tract: 0013.02 Block(s): 320, 321, 322, 328A, 329, 330
VTD: 0217 PRECINCT 0217 (Part) Tract: 0004. Block(s): 216, 222 Tract: 0011. Block(s); 317A, 317B, 317C Tract: 0015.01 Block(s): 404, 405, 406, 407, 408, 409, 410, 411, 412 Tract: 0015.02 Block(s): 214, 215, 216, 301A, 301B, 302, 303B, 304, 305, 306C
VTD: 0219 PRECINCT 0219 (Part) Tract: 0013.02 Block(s): 104, 128, 131, 133C
VTD: 1347 PRECINCT 1347 (Part) Tract: 0013.02 Block(s): 101, 102, 103, 105, 106, 107, 108F, 109, 110, 111, 112, 113, 114, 115, 116, 117C, 118C, 119B, 120G, 122, 123, 124, 126, 127, 129, 130C, 130D, 132B, 201B, 202, 203, 204, 205B, 206B, 207, 208, 209B, 210C, 211B, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318B, 319, 323, 324, 325, 326, 327, 328B
VTD: 144A PRECINCT 144B VTD: 144B PRECINCT 144A VTD: 1899 PRECINCT 1899 (Part)
Tract: 0004. Block(s): 203B, 214B
Tract: 0015.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301B, 302, 303B, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 401, 402, 403
District: 89
CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 136, 137, 138, 139, 140, 141, 142, 143 Tract: 0002.

1974

JOURNAL OF THE HOUSE,

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126,
127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 201,
202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
215, 216, 217, 218, 219, 220, 221, 222
Tract: 0004.
Block(s): 102, 103, 104, 105, 106, 107, 108, 109
Tract: 0005.
Block(s): 101, 102
Tract: 0006.
Block(s): 110, 125, 126, 127, 128, 142, 143, 201, 202, 203, 217, 218, 219
Tract: 0007.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 VTD: 001A PRECINCT 216-1A (Part)
Tract: 0001. Block(s): 128, 129, 130, 131, 132, 133, 134, 135
Tract: 0003. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361
Tract: 0004. Block(s): 101, 110, 201, 202, 203A, 204, 205, 206, 207, 208
Tract: 0014.02 Block(s): 419A, 706A, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719A
VTD: 001B PRECINCT 216-2B (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 107, 116, 117 Tract: 0003. Block(s): 102A, 103A, 104, 105, 106A, 108, 109, 112, 113, 114A, 115A, 117A, 117B, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 331 Tract: 0014.02 Block(s): 418A
VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 104
VTD: 003B PRECINCT 216-3B VTD: 005A PRECINCT 216-5A VTD: 005B PRECINCT 216-5B (Part)
Tract: 0008. Block(s): 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227
Tract: 0009.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113 VTD: 0219 PRECINCT 0219 (Part)
Tract: 0003. Block(s): 101, 102B, 102C, 103B, 106B, 114B, 115B
Tract: 0014.01
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229,

WEDNESDAY, MARCH 4, 1992

1975

230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253 VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 217, 218, 219, 401, 402, 403, 405, 411, 413, 420, 701, 702, 703, 704, 705, 706B, 706C, 719B, 723A VTD: 1347 PRECINCT 1347 (Part) Tract: 0014.01 Block(s): 211, 212
District: 90
ELBERT COUNTY OGLETHORPE COUNTY WILKES COUNTY
VTD: 0001 1 VTD: 0004 3A VTD: 0005 3B VTD: 0006 4A VTD: 0007 4B
District: 91
OCONEE COUNTY MORGAN COUNTY NEWTON COUNTY
VTD: 0004 BREWERS VTD: 0005 BRICK STORE VTD: 0009 MANSFIELD VTD: 0010 NEWBORN
District: 92
NEWTON COUNTY VTD: 0001 TOWN VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS VTD: 0006 CEDAR SHOALS VTD: 0007 DOWNS VTD: 0008 GUM CREEK VTD: 0011 OXFORD VTD: 0012 ROCKY PLAINS VTD: 0013 STANSELL VTD: 0014 LEGUIN
District: 93
CLAYTON COUNTY VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 909, 921, 923 Tract: 0403.04 Block(s): 206, 225, 226, 227, 231, 232, 233 VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 304, 305, 309, 312, 313A, 313B, 315 Tract: 0404.05 Block(s): 104, 105 VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3

1976

JOURNAL OF THE HOUSE,

VTD: 0026 RIVERDALE 1 VTD: 0028 RIVERDALE 3 (Part)
Tract: 0405.04 Block(s): 301, 302, 309, 310A, 310B, 310C, 311A, 311B, 312, 315A, 315B, 315C, 329, 330A, 330B, 331, 333A, 333B
Tract: 0405.05 Block(s): 301A, 310A, 310B, 310C
VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 302, 303, 304, 305, 306, 307, 308, 311, 312, 314A, 314B
VTD: 0032 RIVERDALE 7 (Part) Tract: 0404.05 Block(s): 106 Tract: 0405.03 Block(s): 301A, 301B, 313, 315, 316
VTD: 0033 RIVERDALE 8 (Part) Tract: 0405.04 Block(s): 330C, 333C, 334 Tract: 0405.05 Block(s): 221C, 301B, 309, 310D, 311, 312, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520
District: 94
CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 901, 902, 903, 904, 905, 906, 907, 908A, 908B, 910, 911, 912, 913, 914, 915, 916, 917, 918, 922, 933 Tract: 0403.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 224, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334 Tract: 0403.05 Block(s): 301, 302, 307A, 307B, 308A, 308B, 310, 311 VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 201A, 201B, 202, 203, 204, 205, 206, 207, 208A, 208B, 208C, 209, 214, 215, 216, 217A, 217B, 217C, 217D, 218, 219, 220, 303, 306, 314A, 314B, 316, 317 Tract: 0404.05 Block(s): 101, 102, 110, 119A, 119B, 120, 121, 122, 123, 124, 126, 127, 128, 129 Tract: 0404.06 Block(s): 103, 106, 107, 108, 109, 110, 113, 115, 116, 117, 130, 131, 132, 135A, 135B, 136 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0021 ADAMSON MORROW 5 (Part) Tract: 0404.01 Block(s): 706, 707, 708, 709, 710, 711

WEDNESDAY, MARCH 4, 1992

1977

Tract: 0404.02 Block(s): 403, 405, 406, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 502, 503, 504, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533
Tract: 0404.03 Block(s): 401, 405, 406, 407, 408, 409
District: 95
CLAYTON COUNTY VTD: 0005 FOREST PARK 4 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 (Part) Tract: 0404.03 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.06 Block(s): 201, 202, 203, 218, 219, 220, 234, 235, 236, 237, 901, 902A, 902B, 904, 905, 906, 907A, 907B, 908, 909, 914, 915, 916, 917, 918, 923, 924, 925A, 925B, 929, 931, 933 Tract: 0406.04 Block(s): 301A, 301B, 302, 304, 319, 323, 324, 401, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414, 415A, 415B, 416, 417, 418, 419, 420, 423, 424A, 424B, 425, 426, 501, 502, 503, 504, 505A, 505B, 506, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 520, 522, 523, 524, 525, 528, 529, 531A, 531B, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11
District: 96
CLAYTON COUNTY VTD: 0006 FOREST PARK 5 (Part) Tract: 0404.05 Block(s): 103, 109 VTD: 0027 RIVERDALE 2 VTD: 0028 RIVERDALE 3 (Part) Tract: 0405.05 Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 222, 224A, 226 VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 114, 115, 116, 117A, 117B, 118, 119A, 119B, 119C, 119D, 122, 125, 126, 309, 310, 317 Tract: 0405.06 Block(s): 201, 202, 203, 204, 205, 206, 207A, 208, 209, 210, 211A, 211B, 211C, 212, 213, 214, 215, 216 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 (Part) Tract: 0404.05 Block(s): 107, 108, 206, 207, 227 Tract: 0405.03

1978

JOURNAL OF THE HOUSE,

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 120, 121, 123, 402A, 402B, 402C, 402D, 402E, 403, 404, 405
VTD: 0033 RIVERDALE 8 (Part) Tract: 0405.05 Block(s): 221B, 221D, 224B, 225
VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.05 Block(s): 308, 309 Tract: 0406.04 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611
VTD: 0039 JONESBORO 10 (Part) Tract: 0405.07 Block(s): 101, 102, 103, 104, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 Tract: 0406.04 Block(s): 308C, 308D, 308F, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336 Tract: 0406.07 Block(s): 109
District: 97
CLAYTON COUNTY VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0025 PAN HANDLE VTD: 0039 JONESBORO 10 (Part) Tract: 0405.08 Block(s): 501, 517, 518, 519, 520, 521, 522 VTD: 0040 JONESBORO 12
District: 98
DOUGLAS COUNTY VTD: 0001 DOUGLASVILLE VTD: 0002 BEULAH VTD: 0003 STEWART VTD: 0007 MOUNT CARMEL (Part) Tract: 0802. Block(s): 504, 505, 506, 507, 508, 509, 510, 517, 518, 519 Tract: 0806.01 Block(s): 102A, 102B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302A, 302B, 303, 305F, 305K, 307, 308, 309 Tract: 0806.02 Block(s): 210, 211, 212, 213 VTD: 0012 TURNER-LITHIA SPRINGS VTD: 0013 COMMERCIAL BANK VTD: 0014 LEE ROAD-LITHIA HIGH
District: 99
DOUGLAS COUNTY

WEDNESDAY, MARCH 4, 1992

1979

VTD: 0004 ARBOR STATION VTD: 0005 DORSETT SHOALS VTD: 0006 CHAPEL HILL VTD: 0007 MOUNT CARMEL (Part)
Tract: 0806.01 Block(s): 211, 212, 213, 214, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 601, 602, 603, 604
Tract: 0806.02 Block(s): 102, 301, 302, 303, 304, 305, 306, 307, 401, 402
VTD: 0008 WINSTON VTD: 0009 FAIRPLAY VTD: 0010 MIDDLE VTD: 0011 BILL ARP
District: 100
CARROLL COUNTY VTD: 0001 TEMPLE 649 VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9906. Block(s): 135, 201, 202B Tract: 9907. Block(s): 225, 226, 227, 228, 229, 230, 231, 232, 236, 317, 318, 319, 320, 321, 322, 323, 401, 402, 403B, 403C, 403D, 404, 405B, 407, 408, 409C, 410B, 410C, 41 IB, 429B, 429C, 430C, 430D, 430E, 431B, 432B, 433C, 433D, 434, 435B, 435C, 436B, 436C, 439, 440, 441, 606, 607, 608, 609, 610B, 617, 618B, 619C, 620 VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 101B, 102, 103, 104B, 105B, 106, 107, 108A, 108C, 108D, 109C,110 Tract: 9906. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 128, 129, 130, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145A, 145C, 202C, 206, 207C, 208, 209, 210, 211, 212 VTD: 0009 SANDHILL VTD: 0010 CENTERPOINT VTD: 0012 MOUNT ZION VTD: 0015 BOWDEN JUNCTION VTD: 0018 VILLA RICA CITY VTD: 0019 VILLA RICA COUNTY VTD: 0021 LAKESHORE RECREATION CENTER 714A2 VTD: 0022 BONNER 714A3 VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part) Tract: 9911. Block(s): 127, 208, 209, 227A, 227B, 228A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 312, 313, 314A, 315A, 315B, 316A, 316B, 317A
District: 101
CARROLL COUNTY VTD: 0002 WHITESBURG 682 VTD: 0003 ROOPVILLE 713 VTD: 0004 ARMY RESERVE 714B EAST (Part) Tract: 9907.

1980

JOURNAL OF THE HOUSE,

Block(s): 185, 186, 187, 221, 222, 224, 233, 234, 235, 237, 238, 603, 604, 605, 625, 626, 627, 628
VTD: 0005 EMC 714B NORTH (Part) Tract: 9905. Block(s): 111B, 111C
VTD: 0006 CENTRAL HIGH 714 B SOUTH VTD: 0007 KANSAS VTD: 0008 BOWDEN VTD: 0011 LOWELL VTD: 0013 BURWELL VTD: 0014 CLEM VTD: 0016 TYUS VTD: 0017 HULETT VTD: 0020 WEST SIDE GYM 714A1 VTD: 0023 WEST GEORGIA COLLEGE 714A4 (Part)
Tract: 9905. Block(s): 501, 502, 503, 504, 505, 506, 508, 509, 510, 511, 512, 513A, 514A, 514B, 515A, 515B, 527A, 528, 529, 530, 531, 532, 533, 534, 535, 601A, 602, 603A, 606A
VTD: 0024 OLD CAMP CHURCH 714B WEST VTD: 0025 OAK GROVE CHURCH 715
District: 102
HARRIS COUNTY MERIWETHER COUNTY
VTD: 0006 CHALYBEATE AND LOVE (Part) Tract: 9705. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 201, 202, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 271, 272, 274, 275, 276, 277, 278, 501A, 501B, 502, 503A, 503B, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526A, 526B, 527, 528, 538A, 538B, 539A, 539B, 541, 542, 543, 544, 545, 546, 547
VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 529, 530, 531, 532, 533, 534, 535, 536, 537, 540, 635, 636, 643, 644, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714B, 715, 716, 717, 718, 719, 720, 722, 725, 726, 727, 728, 729, 730, 734, 735, 738, 739
VTD: 0009 WARM SPRINGS (Part) Tract: 9705. Block(s): 281, 282, 283 Tract: 9706. Block(s): 111A, 116A, 118A, 120A, 121, 122, 123A, 124, 125, 126, 127, 128, 129, 130, 131, 132A, 140, 141, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 228B, 229, 230, 231, 232, 233, 234, 235A, 235B, 235C, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245A, 245B, 246, 247, 248, 249, 250A, 250B, 251, 252A, 252B, 253, 254, 255, 256A, 256B, 257A, 257B, 258, 259,

WEDNESDAY, MARCH 4, 1992

1981

260, 261, 262, 263, 264, 265, 266A, 266B, 267, 268, 269, 270, 271, 272, 273, 274, 301, 325, 360, 361, 362, 363, 364, 365, 368, 388, 389, 390, 391, 392 VTD: 0010 DURAND (Part) Tract: 9706. Block(s): 217, 218, 219, 275, 276, 277, 312, 313, 314, 315, 316, 317, 318, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 366, 367, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 393, 394, 395, 396, 397 TALBOT COUNTY VTD: 3002 FLINT HILL (Part) Tract: 9601.98 Block(s): 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 190, 191, 192, 193, 201A, 201B, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228 TROUP COUNTY VTD: 0005 WEST POINT VTD: 0008 ROUGH EDGE (Part) Tract: 9607. Block(s): 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546 Tract: 9611. Block(s): 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269 VTD: 0011 LONG CANE VTD: 0013 GRAY HILL
District: 103
HEARD COUNTY COWETA COUNTY
VTD: 0003 THIRD (SMOKEY ROAD) VTD: 0004 FOURTH (HANDY) VTD: 0007 EIGHTH (CEDAR CREEK) VTD: 0008 NINTH (GRANTVILLE) VTD: 0010 ELEVENTH (HURRICANE) VTD: 0011 TWELFTH (PANTHER CREEK) VTD: 0015 FIFTEENTH (NEWNAN) VTD: 0016 SIXTEENTH (NEWNAN) (Part)
Tract: 1703. Block(s): 410B, 417B, 418
Tract: 1706. Block(s): 501, 502B, 503B, 504B, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527,
528, 529, 530, 531, 532, 533

1982

JOURNAL OF THE HOUSE,

VTD: 0018 EIGHTEENTH (NEWNAN) VTD: 0019 NINETEENTH (NEWNAN) VTD: 0020 TWENTIETH (NEWNAN) VTD: 0021 TWENTY-FIRST (WHITE OAK) (Part)
Tract: 1703. Block(s): 308, 309, 310, 311, 312, 317, 318, 319, 328, 331, 332, 333, 334, 335, 336, 337, 338, 340, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436
Tract: 1704. Block(s): 315, 318, 321, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354
District: 104
COWETA COUNTY VTD: 0005 SIXTH (SHARPSBURG) VTD: 0006 SEVENTH (PALMETTO) VTD: 0022 TWENTY-SECOND (MADRAS)
FAYETTE COUNTY VTD: 0001 BLACKROCK (Part) Tract: 1404.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 211B, 212B, 214, 215B, 216, 217, 218, 219, 220, 221, 222, 223B, 224, 225, 226, 227B, 228B, 229B, 229C, 236, 237, 238, 239, 240B, 501, 502 VTD: 0003 EUROPE VTD: 0004 FAYETTEVILLE EAST VTD: 0005 FAYETTEVILLE WEST (Part) Tract: 1404.01 Block(s): 318A, 318B, 319A, 320, 321A VTD: 0006 FLINT VTD: 0007 HOPEFUL VTD: 0008 MORNING CREEK VTD: 0009 RAREOVER VTD: 0010 SANDY CREEK VTD: 0023 KENWOOD VTD: 0024 BANKS
District: 105
FAYETTE COUNTY VTD: 0002 BROOKS VTD: 0005 FAYETTEVILLE WEST (Part) Tract: 1401.02 Block(s): 224A Tract: 1402.01 Block(s): 324A, 327A Tract: 1403.01 Block(s): 101A, 102A Tract: 1404.01 Block(s): 210A, 210B, 211A, 212A, 213, 215A, 223A, 227A, 228A, 229A, 230, 231, 232, 233, 234, 235, 240A, 241, 242, 301, 302, 303, 304, 305, 306, 307A, 308, 309, 310A, 310B, 311, 312A, 312B, 312C, 313A, 314A, 315A VTD: 0011 SHAKERAG EAST VTD: 0012 SHAKERAG WEST VTD: 0013 STARRSMILL VTD: 0014 WHITEWATER

WEDNESDAY, MARCH 4, 1992

1983

VTD: 0015 WOOLSEY VTD: 0016 MCINTOSH VTD: 0017 OAK GROVE AND FLAT CREEK AND PART BRAELINN VTD: 0018 KEDRON VTD: 0019 ABERDEEN VTD: 0020 WINDGATE VTD: 0022 BRAELINN VTD: 0025 HARPS CROSSING VTD: 0026 WILLOW POND
District: 106
COWETA COUNTY VTD: 0001 FIRST (SENIOA) VTD: 0009 TENTH (HARALSON) VTD: 0012 THIRTEENTH (RAYMOND) VTD: 0013 FOURTEENTH (TURIN) VTD: 0021 TWENTY-FIRST (WHITE OAK) (Part) Tract: 1703. Block(s): 409C, 409D Tract: 1706. Block(s): 603, 604, 605, 606, 607, 608, 609B, 610C, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 641, 642
SPALDING COUNTY VTD: 0003 GRIFFIN THREE (Part) Tract: 1609. Block(s): 423, 424, 425, 426, 427, 428, 434, 435, 436, 437, 504, 505, 506 Tract: 1611. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 219, 220, 221, 222, 223, 224, 225, 227 Tract: 1612. Block(s): 101, 102, 103, 104, 105, 106, 107 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1605. Block(s): 125, 150A, 151A, 152A, 153A, 155, 160A, 161A, 162B, 174A, 174B, 174C, 175, 176, 177A, 177B Tract: 1607. Block(s): 520A, 521A, 522A, 523A, 524A, 526A, 527A, 528A, 528B, 529, 530A, 531, 532A, 532B VTD: 0006 GRIFFIN SIX VTD: 0008 AFRICA VTD: 0012 EXPERIMENT (Part) Tract: 1604. Block(s): 106, 107, 108, 109, 110A, 111, 112, 113A, 201A Tract: 1605. Block(s): 121, 122, 123C, 124, 128, 129B, 130, 140, 141, 142, 143, 144, 145, 146, 147B, 148B, 149, 150B, 151B, 152B, 162C, 163B, 164, 173A, 173B Tract: 1607. Block(s): 520B, 521B, 522B, 523B VTD: 0013 LINE CREEK VTD: 0014 MOUNT ZION VTD: 0015 ORRS WEST VTD: 0016 UNION
District: 107
HENRY COUNTY

1984

JOURNAL OF THE HOUSE,

VTD: 0015 HAMPTON VTD: 0035 LOWES VTD: 0060 SIXTH (Part)
Tract: 0701.03 Block(s): 501, 502, 503, 504, 505
Tract: 0703.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 301, 302
VTD: 0065 STOCKBRIDGE (Part) Tract: 0701.03 Block(s): 506, 507
SPALDING COUNTY VTD: 0001 GRIFFIN ONE VTD: 0002 GRIFFIN TWO VTD: 0003 GRIFFIN THREE (Part) Tract: 1609. Block(s): 214B, 215, 227B, 234C, 235C, 429, 430, 433, 501, 502, 503, 507B, 507C, 508B, 509B, 510B, 511B, 512, 513, 514, 515, 516B, 517, 518B, 519 Tract: 1611. Block(s): 202A, 226, 228, 229A Tract: 1612. Block(s): 108, 109 VTD: 0005 GRIFFIN FIVE (Part) Tract: 1604. Block(s): HOB, 113B, 120B, 121, 122, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248B, 249, 250, 251B, 252, 253, 254 Tract: 1605. Block(s): 123A, 123B, 126, 127A, 127B, 129A, 147A, 148A, 162A, 163A, 165, 166, 167 Tract: 1608. Block(s): 401, 402, 403, 407, 408, 421B VTD: 0007 GRIFFIN SEVEN VTD: 0009 AKIN VTD: 0010 CABIN VTD: 0011 EAST GRIFFIN VTD: 0012 EXPERIMENT (Part) Tract: 1603. Block(s): 201, 202, 203, 204, 205, 206, 207, 208B, 209, 210, 211, 212, 213B, 215, 216B Tract: 1604. Block(s): 119, 120A, 123A, 124, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 161, 162A, 163A, 164A, 164B, 169, 170
District: 108
HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0020 HIGHLAND VILLAGE (Part) Tract: 0701.02 Block(s): 161, 162, 201, 202, 203, 204, 205, 206 Tract: 0701.03

WEDNESDAY, MARCH 4, 1992

1985

Block(s): 101, 102, 103, 104, 130A, 130C, 132B, 133, 134, 135, 136, 137, 138, 139, 201B, 238B, 239B, 240B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324B, 325, 326B, 326C, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405B, 406B, 441, 442B, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 467, 468, 469
Tract: 0702.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109
VTD: 0025 LOCUST GROVE VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0055 SHAKERAG VTD: 0060 SIXTH (Part)
Tract: 0701.03 Block(s): 458, 459
VTD: 0065 STOCKBRIDGE (Part) Tract: 0701.02 Block(s): 112 Tract: 0701.03 Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118A, 118B, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130B, 131, 132A, 201A, 202, 203A, 203B, 204A, 204B, 204C, 205, 206A, 206B, 207, 208, 209A, 209B, 209C, 210A, 210B, 211, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 214D, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238A, 239A, 240A, 324A, 326A, 405A, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420A, 420B, 420C, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 442A, 443A, 455, 456, 457, 460, 461, 462, 463, 464, 465, 466, 470, 471
VTD: 0070 SWAN LAKE (Part) Tract: 0701.02 Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160
VTD: 0075 TUSSAHAW
District: 109
BUTTS COUNTY HENRY COUNTY
VTD: 0005 BEERSHEBA VTD: 0020 HIGHLAND VILLAGE (Part)
Tract: 0702.01 Block(s): 136, 139, 140, 141, 142, 143, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154
VTD: 0030 LOVES (Part) Tract: 0702.01 Block(s): 101, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 137, 138, 146 Tract: 0702.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 203, 204, 205, 206, 207, 208, 209A, 211, 212, 213, 214

1986

JOURNAL OF THE HOUSE,

Tract: 0702.03 Block(s): 101
VTD: 0045 MCMULLEN VTD: 0050 SANDY RIDGE VTD: 0070 SWAN LAKE (Part)
Tract: 0701.02 Block(s): 101, 102, 103, 104, 105, 120, 121, 122, 123, 124
Tract: 0701.98 Block(s): 101, 102, 103, 104, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 152, 153, 154, 155, 156, 157, 158, 159, 160
LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 191, 192, 265, 266, 267, 268, 269, 270, 271, 272 Tract: 9702. Block(s): 144A, 144C, 145A, 145B, 145C, 145D, 145E, 146, 147A, 147B, 148A, 148B, 148C, 149, 150, 153, 154, 155A, 155C, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210A, 210B, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 413A, 413B, 414, 415, 416, 417A, 417B, 417C, 418A, 418B, 418C, 425, 426, 427, 502A, 503A, 504A, 505, 507, 508 Tract: 9703. Block(s): 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 107, 108A, 108B, 109, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 306A, 307A, 308, 309, 310, 311, 312A, 312B, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 325B, 326A, 326B, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 430A, 430B, 431, 432, 433A, 433B, 434A, 434B, 435A, 435B, 436A, 436B, 436C, 436D VTD: 0002 MILNER GMD 540 VTD: 0003 JOHNSTANVILLE GMD 504 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 151, 152, 171, 172, 173, 174, 175, 176, 201, 221, 222, 223 VTD: 0004 CHAPPELL GMD 523
District: 110
JASPER COUNTY MONROE COUNTY
JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 117, 118, 119, 124, 125, 204, 205, 206, 208, 209, 225, 226, 227
Tract: 0302.

WEDNESDAY, MARCH 4, 1992

1987

Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178, 179, 180, 181, 182, 183, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 301, 307, 308, 309, 311, 312, 313
Tract: 0303. Block(s): 301, 302, 304, 307, 308, 311, 314B, 316B, 316C, 317B, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 347, 377, 378, 379
VTD: 0002 FINNEY AND WHITE VTD: 0006 SANDERS LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part)
Tract: 9701. Block(s): 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387
Tract: 9702. Block(s): 143, 144B, 155B, 167, 168, 169, 170, 419, 420, 421, 422, 423, 424, 501, 502B, 503B, 504B, 506, 509, 510, 511, 512, 513, 514, 515, 516, 517, 521, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574
Tract: 9703. Block(s): 105, 106, 301, 302, 303, 304, 305, 306B, 307B, 338, 339, 401, 402, 403, 404, 405, 406, 427, 428, 429, 430C, 437, 438, 439, 440A, 442, 443, 444, 467A, 470, 471, 473, 474A
VTD: 0005 REDBONE GMD 539 VTD: 0006 PIEDMONT GMD 1494
District: 111
GREENE COUNTY TALIAFERRO COUNTY WARREN COUNTY HANCOCK COUNTY PUTNAM COUNTY
VTD: 1701 1 (Part) Tract: 9601. Block(s): 221 Tract: 9602. Block(s): 241, 242, 246, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 611, 612, 613A, 613B, 614, 615, 616, 617A, 617B, 617C, 618A, 618B, 618C, 619, 620, 621A, 621B, 622, 623, 624, 625, 626, 627, 702, 703, 704, 705, 710, 711, 712, 713, 714, 715, 716, 717, 718A, 718B, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733A, 733B, 734A, 734B, 735 Tract: 9603. Block(s): 201, 213, 214, 215, 216, 217, 220, 235, 236
VTD: 1702 2 (Part) Tract: 9601. Block(s): 108, 109, 110, 113, 114, 123, 124, 125, 206, 207 Tract: 9602. Block(s): 145, 146, 148, 149, 156, 157, 158, 159, 167B, 167C, 168D, 308, 318, 402, 403B, 405, 406B, 407A, 407C, 415, 416, 417, 418, 423, 424, 425, 426, 427, 428, 429, 430, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 602A, 602B, 603A, 603B, 604, 605, 606, 607, 608, 609, 610A, 610B, 628, 629, 630, 631, 632, 701, 706, 707, 708, 709
VTD: 1703 3 (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 111, 115, 191 Tract: 9602.

1988

JOURNAL OF THE HOUSE,

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 140, 141, 143, 144, 167A, 168C, 315, 316, 317, 319, 320
District: 112
MCDUFFIE COUNTY COLUMBIA COUNTY
VTD: 0002 PRECINCTS TWENTY AND THIRTY (Part) Tract: 0305.01 Block(s): 302, 303A, 303B, 304, 305A, 305B, 306A, 306B, 307, 308, 309A, 309B, 309C, 309D, 309E, 309F, 310A, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338, 339A, 339B, 339C, 339D, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355A, 355B, 356A, 356B, 356C, 356D, 356E, 356F, 356G, 356H, 357A, 358, 359A, 359B, 360A, 360B, 361, 362, 363, 364, 365, 366A, 366B, 367A, 367B, 368, 369, 370, 371, 372, 373, 374, 375, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 901A, 901B
VTD: 0003 PRECINCT TWENTYFIVE (Part) Tract: 0305.01 Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 131, 134, 135, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 357B
LINCOLN COUNTY WILKES COUNTY
VTD: 0002 2A VTD: 0003 2B
District: 113
COLUMBIA COUNTY VTD: 0001 PRECINCT TEN VTD: 0002 PRECINCTS TWENTY AND THIRTY (Part) Tract: 0305.01 Block(s): 301, 376, 377, 378, 396, 397 Tract: 0305.02 Block(s): 414, 415A, 415B, 416, 417A, 417B, 418A, 418B, 422, 423, 424A, 424B, 436, 437, 438, 439, 462B, 473, 474, 475, 525B, 526, 527B, 527C, 531B, 531C, 531D, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565 VTD: 0003 PRECINCT TWENTYFIVE (Part) Tract: 0305.01 Block(s): 101, 102, 103, 104, 125, 126, 127, 128, 129, 130, 132, 133, 136, 137, 138, 139 VTD: 0005 PRECINCTS FORTY AND FIFTY VTD: 0007 PRECINCT SIXTY VTD: 0011 PRECINCT ONE HUNDRED VTD: 0012 PRECINCT ONE HUNDRED TEN VTD: 0013 PRECINCT ONE HUNDRED TWENTY VTD: 0014 PRECINCT ONE HUNDRED THIRTY

WEDNESDAY, MARCH 4, 1992

1989

VTD: 0015 PRECINCT ONE HUNDRED THIRTYFIVE VTD: 0016 PRECINCT SIXTYFIVE VTD: 0017 PRECINCT ONE HUNDREDTWENTYFIVE
District: 114
COLUMBIA COUNTY VTD: 0002 PRECINCTS TWENTY AND THIRTY (Part) Tract: 0305.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 419, 420, 421, 425, 426, 427, 428A, 428B, 429, 430A, 430B, 431, 432, 433, 434, 435, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454A, 454B, 455, 456, 457, 458, 459, 460, 461, 462A, 463, 464, 465, 466, 467, 468, 469, 470, 471A, 471B, 472A, 472B, 476, 477, 478, 479, 480, 501, 502, 503, 504, 505, 506, 507A, 507B, 507C, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520A, 520B, 521, 522A, 522B, 522C, 522D, 523, 524, 525A, 527A, 528, 529, 530, 531A, 532, 533, 534A, 534B, 551, 552, 553, 554, 555 VTD: 0008 PRECINCT SEVENTY VTD: 0009 PRECINCT EIGHTY VTD: 0010 PRECINCT NINETY VTD: 0018 PRECINCT EIGHTYFIVE VTD: 0019 PRECINCT SEVENTYFIVE
RICHMOND COUNTY VTD: 0057 90-2 VTD: 0059 90-4 (Part) Tract: 0102.01 Block(s): 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127 VTD: 0060 90-5
District: 115
RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0007. Block(s): 301, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 412, 413, 416, 420 VTD: 0004 2A (Part) Tract: 0008. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320 VTD: 0005 3 (Part) Tract: 0009. Block(s): 610, 612 Tract: 0010. Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 406, 415, 416, 417, 418, 419, 420, 422, 423, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 444 VTD: 0006 3A (Part) Tract: 0010. Block(s): 105A, 119, 120, 121 Tract: 0013.

1990

JOURNAL OF THE HOUSE,

Block(s): 102, 103, 104, 105, 205A Tract: 0014.
Block(s): 103 VTD: 0012 5 (Part)
Tract: 0003. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 119, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304, 307, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 340, 341, 342, 343, 344, 345, 401, 402, 403, 404, 405, 409, 410, 411, 412, 413, 415, 416, 417, 418, 419, 420, 421, 422
Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108. 109, 110, 111, 112, 113, 114
Tract: 0010. Block(s): 101, 102, 103, 104, 106, 107, 108, 109. 110, 111, 112, 113, 123, 124, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304
VTD: 0013 5A VTD: 0014 5B VTD: 0015 6 VTD: 0017 6B VTD: 0018 6C (Part)
Tract: 0013. Block(s): 101, 106, 107, 108, 201, 202, 203, 204
VTD: 0019 7 VTD: 0020 7A VTD: 0021 8 VTD: 0022 8A (Part)
Tract: 0011. Block(s): 207, 208
Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B
Tract: 0016. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 209, 212, 213A, 215, 216, 217, 218, 219A, 226A, 227A, 233
VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0059 90-4 (Part)
Tract: 0102.01 Block(s): 101, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 129, 130, 201, 202, 203, 204, 205, 206
District: 116
RICHMOND COUNTY

WEDNESDAY, MARCH 4, 1992

1991

VTD: 0022 8A (Part) Tract: 0016. Block(s): 207A, 208A
VTD: 0023 8B (Part) Tract: 0016. Block(s): 214, 503A, 601, 602, 603, 604, 605A, 901A, 902, 903A, 904, 905A
VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109
VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 112, 113, 114, 115, 116, 117, 118, 119, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 148, 149, 150
VTD: 0046 89-1 VTD: 0047 89-2 VTD: 0050 89-5 VTD: 0051 89-6 VTD: 0053 89-8 (Part)
Tract: 0105.04 Block(s): 927, 928, 948, 949, 950, 951, 952, 953
VTD: 0055 89-10 VTD: 0058 90-3 VTD: 0063 FGl VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6 (Part)
Tract: 0107.03 Block(s): 101, 102, 109
Tract: 0108. Block(s): 901E
District: 117
RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0007. Block(s): 414, 417
Tract: 0009. Block(s): 501, 502, 503, 504, 509, 510, 601, 605
VTD: 0005 3 (Part)
Tract: 0009.
Block(s): 602, 606, 607, 608, 609, 613 VTD: 0006 3A (Part)
Tract: 0013.
Block(s): 209, 217A, 218, 219, 220, 221, 301, 302, 303, 304, 305, 306 Tract: 0014.
Block(s): 101, 102, 105, 108, 109, 110, 111, 201, 202, 203, 204, 206, 207,
208, 209, 210, 219, 220, 410, 411, 412, 501, 502, 508, 509 VTD: 0007 3B VTD: 0009 4A
VTD: 0011 4C VTD: 0016 6A

1992

JOURNAL OF THE HOUSE,

VTD: 0024 8C VTD: 0027 85-2 (Part)
Tract: 0105.08 Block(s): 101, 102, 103, 104, 105, 106, 107, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126
Tract: 0105.10 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 118, 119, 120, 121, 122, 123, 124, 901, 902
VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0052 89-7 VTD: 0053 89-8 (Part)
Tract: 0105.04 Block(s): 929, 930, 935, 936, 937, 938, 939, 941, 946, 947, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 966, 967, 968, 969, 970, 971, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984, 985, 986
Tract: 0105.05 Block(s): 815
District: 118
RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 (Part) Tract: 0007. Block(s): 112, 113, 114, 115, 117, 118, 125, 126, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 302, 303, 304, 319, 320, 323, 324, 410, 411, 415, 419, 421, 422 Tract: 0009. Block(s): 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403, 404, 405, 406, 407, 408, 409, 505, 506, 507, 508, 511 Tract: 0015. Block(s): 101A, 103, 307, 308, 309 Tract: 0106. Block(s): 902A, 902B, 902C, 906A, 906B, 907, 915A, 915B, 917, 918, 919, 920A VTD: 0004 2A (Part) Tract: 0006. Block(s): 506, 507, 512 Tract: 0007. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 116, 119, 120, 121, 122, 123, 124, 127 Tract: 0008. Block(s): 201, 202, 203, 204, 205, 206, 207, 209, 210 VTD: 0008 4 VTD: 0010 4B VTD: 0026 85-1 VTD: 0027 85-2 (Part) Tract: 0105.08

WEDNESDAY, MARCH 4, 1992

1993

Block(s): 108, 109, 110, 127, 128, 129, 701, 702, 703, 704, 705, 706, 707, 711
Tract: 0105.11 Block(s): 201, 313, 314, 315, 316, 317, 318, 319, 320, 327, 328, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917
VTD: 0028 85-3 VXD: 0029 86-1 (Part)
Tract: 0105.08 Block(s): 708, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721
Tract: 0105.09 Block(s): 719, 720, 726
Tract: 0105.10 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520
VTD: 0030 86-2 (Part) Tract: 0105.11 Block(s): 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 322
VTD: 0048 89-3 VTD: 0049 89-4
District: 119
RICHMOND COUNTY VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 Tract: 0105.11 Block(s): 321, 323, 324, 325, 326, 414 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 108, 110, 111, 120, 121, 122, 123, 124, 125, 126, 141, 142, 143, 144, 145, 146, 147, 151, 152, 153 Tract: 0107.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163 Tract: 0108.

1994

JOURNAL OF THE HOUSE,

Block(s): 901F VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0035 86-7 VTD: 0036 86-8 VTD: 0068 FG6 (Part)
Tract: 0107.03 Block(s): 154, 155
District: 120
JEFFERSON COUNTY BURKE COUNTY
VTD: 0003 GOUGH VTD: 0006 MIDVILLE VTD: 0007 MUNNERLYN VTD: 0009 SCOTTS CROSSROAD VTD: 0011 ST CLAIR VTD: 0012 VIDETTE VTD: 0014 NORTH WAYNESBORO VTD: 0015 SOUTH WAYNESBORO WASHINGTON COUNTY VTD: 0003 DAVISBORO VTD: 0004 SANDERSVILLE (Part)
Tract: 9503. Block(s): 152, 201, 202, 203, 204, 205, 206A, 207, 211A, 212A, 213A, 214A, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236, 237, 238, 239A, 239B, 249, 250, 253, 254, 264, 265, 266, 267, 268, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 423, 424, 425, 426, 427, 428, 429
Tract: 9504. Block(s): 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 308, 309, 310, 315, 316, 317, 318, 319, 320, 324, 325, 401, 402A, 402B, 403, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414, 415A, 415B, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438
Tract: 9505. Block(s): 215, 216, 218, 219, 226
District: 121
GLASCOCK COUNTY BALDWIN COUNTY
VTD: 0001 MONTPELIER- EAST BALDWIN VTD: 0002 NORTH BALDWIN 318 (Part)
Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
JOHNSON COUNTY VTD: 0001 RIVER VTD: 0002 BRAY VTD: 0003 IVEY VTD: 0004 PRICE VTD: 0005 POWELL VTD: 0006 KITE

WEDNESDAY, MARCH 4, 1992

1995

VTD: 0007 MOORES CHAPEL VTD: 0011 SPANN VTD: 0012 WRIGHTSVILLE PUTNAM COUNTY VTD: 1701 1 (Part)
Tract: 9602. Block(s): 234
VTD: 1702 2 (Part)
Tract: 9602.
Block(s): 168A, 168B, 168E, 169, 170, 186, 187, 188, 189, 190, 191, 192
VTD: 1703 3 (Part)
Tract: 9601.
Block(s): 112, 116, 117, 118, 119, 120, 121, 122, 126, 127, 131, 132, 133, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 150, 189, 190, 192, 193, 194, 195, 196
Tract: 9602.
Block(s): 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 147, 150, 151, 152, 153, 154, 155, 160, 161, 162, 163, 164, 165, 166, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 193, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 235A, 235B, 236, 237, 238, 239, 240, 243, 244A, 244B, 245A, 245B, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 301, 302, 303, 304, 305, 306, 307, 309, 310,
311, 312, 313, 314, 321, 322, 323, 324, 325, 326, 327, 328,
329A, 329B, 330, 331, 403A, 404, 406A, 407B, 419, 420, 421,
422
VTD: 1704 4
WASHINGTON COUNTY VTD: 0001 OCONEE VTD: 0002 HARRISON VTD: 0004 SANDERSVILLE (Part) Tract: 9501. Block(s): 194, 195 Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 153, 154, 155A, 155B, 156A, 156B, 157, 158, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176A, 176B, 177A, 177B, 178, 179, 180, 181, 182, 206B, 208, 209, 210, 211B, 212B, 213B, 214B, 240, 241, 242, 243, 244, 251, 257, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422 Tract: 9504. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116B, 120, 121, 122, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 166, 169, 170, 171, 172, 173, 196, 197, 201, 202, 203, 204, 205, 206, 207A, 207B, 207C, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 216, 217, 218A, 218B, 219, 220, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303, 304, 305, 306, 307, 311, 312, 313, 314, 321, 322, 323

1996

JOURNAL OF THE HOUSE,

Tract: 9507. Block(s): 102, 103, 104A, 104B, 116, 117, 118, 119, 120A, 120C, 121, 302
VTD: 0005 DEEP STEP VTD: 0006 RIDDLEVILLE VTD: 0007 WARTHEN VTD: 0008 TENNILLE
District: 122
BALDWIN COUNTY VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 107C, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 220E, 222C, 225B, 226B, 227, 228, 229B Tract: 9704. Block(s): 101B VTD: 0003 WEST BALDWIN 319 VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N VTD: 0008 SOUTH MILLEDGEVILLE 320S VTD: 0009 WEST HARDWICK 321W VTD: 0010 CMC 320G VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H VTD: 0012 FIRST CHRISTIAN CHURCH 320C VTD: 0013 SCOTTSBORO 1714
District: 123
WILKINSON COUNTY TWIGGS COUNTY JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0302. Block(s): 174, 302, 303, 304, 305, 306, 310 Tract: 0303.
Block(s): 303, 305, 306, 309, 310, 312, 313B, 318B, 320, 321, 322, 323, 345, 346,

WEDNESDAY, MARCH 4, 1992

1997

349, 351, 352, 353, 354, 355, 356, 357, 465B VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS VTD: 0007 DAVIDSON VTD: 0008 ROBERTS 4
District: 124
BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0013 GODFREY 04 VTD: 0034 VINEVILLE 01 (Part) Tract: 0102. Block(s): 101 Tract: 0106. Block(s): 101, 102, 103, 106, 201, 202, 203, 204, 205, 208, 209, 210, 211, 212, 215, 216, 217, 402 Tract: 0107. Block(s): 101, 102, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 151, 152, 155, 156, 201, 202B, 203, 244, 253B, 255, 301, 302, 303, 304, 305, 314, 316B, 317, 318, 319, 320, 321, 322, 324, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343 Tract: 0108. Block(s): 102, 103, 104, 106, 107, 108, 109, 110, 112, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 204, 205, 206, 208, 210, 211, 213, 214, 220, 221, 223, 224, 225, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325
District: 125
BIBB COUNTY VTD: 0007 EM07 VTD: 0014 GODFREY 05 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 (Part) Tract: 0132.01 Block(s): HOB, 111, 112, 113, 114, 115B, 116, 117, 118B, 119B, 119C, 120B, 121C, 121D, 123, 124, 201B, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 208A, 208B, 209, 210, 211A, 211B, 212A, 212B Tract: 0132.02 Block(s): 102B, 102D, 103A, 103B, 113A, 1138, 113C, 113D, 114A, 114B Tract: 0134.97 Block(s): 122

1998

JOURNAL OF THE HOUSE,

Tract: 0136.01 Block(s): 201, 202, 203, 205, 206, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413
Tract: 0136.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110A, HOB, 111A, 111B, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 122
VTD: 0024 HO 01 (Part) Tract: 0121. Block(s): 102A Tract: 0134.97 Block(s): 208A, 209A, 210A, 216A, 217A, 220
VTD: 0025 HO 02 (Part) Tract: 0121. Block(s): 102C, 102D, 102E, 103, 207D, 208, 209, 210C, 211, 212, 213B, 223B Tract: 0122. Block(s): 226 Tract: 0132.01 Block(s): 101B, 121E Tract: 0134.97 Block(s): 101, 102, 103, 104, 105, 106, 107, 108B, 115, 116, 117, 118, 119, 120, 121, 123, 206D, 207, 208B, 209B, 210B, 211, 212, 213, 214, 215, 216B, 217B, 218, 219, 304B, 305, 308, 309, 310, 317, 318, 319, 320, 321
VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0045 WA 01 (Part)
Tract: 0136.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 219, 220, 221, 501, 502, 503, 510, 511, 512
VTD: 0046 WA 02 VTD: 0047 HAZARD 02
District: 126
BIBB COUNTY VTD: 0009 EM09 VTD: 0024 HO 01 (Part) Tract: 0121. Block(s): 102B, 202, 203, 204, 205, 206, 207A, 207B, 207C, 210A, 210B, 213A, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Tract: 0134.97 Block(s): 108A, 109, 110, 111, 112, 113, 114 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0038 VINEVILLE 05 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0044 MACON 01 (Part) Tract: 0122.

WEDNESDAY, MARCH 4, 1992

1999

Block(s): 105A, 105B, 115, 116, 117
Tract: 0123.
Block(s): 301, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412,
413, 414, 415, 416, 417, 418, 419, 501A, 509, 510, 511, 512,
513, 514, 515, 516, 517, 518, 519, 520, 521
Tract: 0124.
Block(s): 112
District: 127
BIBB COUNTY VTD: 0012 GODFREY 03 VTD: 0015 GODFREY 06 VTD: 0016 GODFREY 07 VTD: 0017 GODFREY 08 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 (Part) Tract: 0101. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136 Tract: 0102. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110 Tract: 0103. Block(s): 101 Tract: 0108. Block(s): 111 VTD: 0035 VINEVILLE 02 (Part) Tract: 0101. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0102. Block(s): 111, 112, 113, 114 Tract: 0103. Block(s): 102, 201 VTD: 0036 VINEVILLE 03 (Part) Tract: 0103. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237 Tract: 0104. Block(s): 101, 103, 122, 124 Tract: 0105.

2000

JOURNAL OF THE HOUSE,

Block(s): 101, 102, 103, 104, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 314, 315, 316
Tract: 0106. Block(s): 206, 207, 213, 214, 401, 403
VTD: 0037 VINEVILLE 04 VTD: 0043 MACON 02 VTD: 0044 MACON 01 (Part)
Tract: 0123. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320
District: 128
BIBB COUNTY VTD: 0045 WA 01 (Part) Tract: 0136.01 Block(s): 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424 Tract: 0136.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 414, 504, 505, 506, 507, 508, 509, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610 VTD: 0048 HAZARD 04
CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A
HOUSTON COUNTY VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 301A, 302, 303, 304, 306B, 308B, 309, 310, 313B Tract: 0202. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119 VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0206. Block(s): 202A, 203 VTD: 0007 PKWD (Part) Tract: 0201.01 Block(s): 224A, 224B, 225, 226 Tract: 0202. Block(s): 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 201, 202A, 202B, 202C, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 301, 302, 303A, 303B, 303C, 304, 305, 306, 307, 308, 309, 310, 401A, 401B, 401C, 401D, 401E, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405A, 405B, 406A, 406B, 406C, 407, 409, 410A, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 425C, 425D, 426A, 426B Tract: 0209.

WEDNESDAY, MARCH 4, 1992

2001

Block(s): 105, 108, 109, 110, 111, 114, 115, 116, 117, 118, 301, 401, 402, 403, 404, 405
VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 224, 225, 226, 227, 228, 229, 230, 231, 401A, 401D, 401H, 401J, 402, 403, 404, 409, 410, 414, 420, 421, 422A, 422B, 423, 425
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 217, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 221, 222A, 222B, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408A, 408B, 408C, 409, 410, 411A, 411B,412 Tract: 0201.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 Tract: 0202. Block(s): 408
PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON
District: 129
PIKE COUNTY UPSON COUNTY
District: 130
TROUP COUNTY VTD: 0001 LAGRANGE ONE VTD: 0002 LAGRANGE TWO (Part) Tract: 9604. Block(s): 429, 430, 431, 432, 433 Tract: 9608. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 224, 225, 226, 227, 310, 311, 317, 318, 319, 320, 321, 322, 323, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 Tract: 9609. Block(s): 103, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 301, 302, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 513A, 513B, 513C, 514, 524A, 525, 526A, 529A, 530A, 530B, 533A, 559, 560, 561A, 562, 563, 564A, 565, 566, 567 VTD: 0003 LAGRANGE THREE

2002

JOURNAL OF THE HOUSE,

VTD: 0006 HOGANSVILLE VTD: 0007 EAST VERNON VTD: 0008 ROUGH EDGE (Part)
Tract: 9606. Block(s): 128, 129, 130, 131, 132, 133, 139, 140, 142, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157
Tract: 9607. Block(s): 335, 336, 421, 422, 423, 424, 425, 502, 503, 504, 505, 506
VTD: 0009 MOUNTVILLE (Part) Tract: 9605. Block(s): 101, 102, 103, 104, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 164B, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195
VTD: 0010 MCLENDON VTD: 0012 WEST VERNON VTD: 0015 HIGHLANDS (Part)
Tract: 9607. Block(s): 301, 302, 303, 304, 305, 306, 307A, 307B, 308A, 308C, 315A, 315B, 316A, 316B, 316C, 317A, 317B, 317C, 317D, 318, 319, 320A, 320B, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332A, 332B, 333, 334, 410, 411, 412, 413, 414, 415A, 415B, 415C, 416, 417, 418, 419, 420A, 420B, 420C, 501
District: 131
COWETA COUNTY VTD: 0002 SECOND (MORELAND) VTD: 0014 FIFTH (NEWMAN) VTD: 0016 SIXTEENTH (NEWNAN) (Part) Tract: 1706. Block(s): 401A, 413A, 413C, 414B, 415A, 417A, 418A, 425, 426, 427. 428, 429, 430, 431, 432, 433, 434, 435, 438, 439, 440, 517 VTD: 0017 SEVENTEENTH (NEWNAN)
MERIWETHER COUNTY VTD: 0001 LONE OAK VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 628, 629, 630, 631, 632, 633, 634, 637, 638, 639, 640, 641, 642, 645, 646, 647, 714A, 721, 723, 724, 731, 732, 733, 736, 737 VTD: 0008 GILL TWO VTD: 0009 WARM SPRINGS (Part) Tract: 9706. Block(s): 111B, 112, 113, 114, 115, 116B, 117, 118B, 119, 120B, 123B, 132B, 133, 134, 135, 136, 137, 138, 139 VTD: 0010 DURAND (Part) Tract: 9706. Block(s): 302, 319, 320, 322, 323, 324 VTD: 0011 ODESSADALE-SEVENTH VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH
TROUP COUNTY VTD: 0002 LAGRANGE TWO (Part) Tract: 9608.

WEDNESDAY, MARCH 4, 1992

2003

Block(s): 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 133, 134, 221, 222, 223, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 324, 325, 417, 418, 419, 420, 421, 422, 423, 424
Tract: 9609. Block(s): 101, 102, 104, 105, 106, 107, 201, 202, 203A, 203B, 203C, 204, 205A, 205B, 206, 207, 208, 209, 210, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318, 319, 320, 511, 512
VTD: 0004 LAGRANGE FOUR VTD: 0009 MOUNTVILLE (Part)
Tract: 9606. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 113, 120, 121, 122, 123, 124, 125, 126, 127, 134, 135, 136, 137, 138, 141, 143, 144, 158, 159, 160, 161, 162, 163
Tract: 9611. Block(s): 101, 104
VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS (Part)
Tract: 9606. Block(s): 201A, 202, 203, 204, 207, 208, 213, 214A, 215A, 216, 217, 232, 233, 234, 235
Tract: 9607. Block(s): 308B, 309, 337, 338
District: 132
MUSCOGEE COUNTY VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0020 MORNINGSIDE VTD: 0024 NORTH HIGHLAND (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 314 Tract: 0016. Block(s): 401 VTD: 0028 BIBB CITY VTD: 0031 BEALLWOOD (Part) Tract: 0002. Block(s): 101, 102, 103, 104, 105, 106, 107, 108 Tract: 0004. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 130, 131, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329 VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B
District: 133
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY

2004

JOURNAL OF THE HOUSE,

VTD: 0024 NORTH HIGHLAND (Part) Tract: 0005. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 312, 313 Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310 Tract: 0016. Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 414, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615 Tract: 0110. Block(s): 119B, 122
VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO (Part)
Tract: 0013. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 209, 210
Tract: 0018. Block(s): 105, 106
VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 102, 103, 104, 105, 106, 107, 109, 110, 111, 112
VTD: 0029 JOHNSON VTD: 0030 ARNOLD (Part)
Tract: 0003. Block(s): 101, 102, 110, 111, 201, 202, 211, 217
Tract: 0009. Block(s): 103, 104, 105, 106, 107
VTD: 0031 BEALLWOOD (Part) Tract: 0003. Block(s): 103, 104, 105, 106, 107, 108, 109, 203, 204, 205, 206, 207, 208, 209, 210, 304, 305, 306, 307, 308, 309, 310, 311, 313, 314, 315, 316, 317
District: 134
MUSCOGEE COUNTY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0011 DAWSON VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING
District: 135
MUSCOGEE COUNTY VTD: 0006 WYNNTON

WEDNESDAY, MARCH 4, 1992

2005

VTD: 0014 ROTHSCHILD (Part) Tract: 0106.02 Block(s): 201, 213, 219, 220, 221, 222, 226
VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0019 REESE ROAD VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0026 SAINT ELMO (Part)
Tract: 0012. Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 133, 201, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219
Tract: 0018. Block(s): 113, 114, 201
Tract: 0019. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 132
VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 101, 108, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 126, 127, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322
VTD: 0030 ARNOLD (Part) Tract: 0002. Block(s): 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 122, 123, 125, 126, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 224, 225, 226, 227, 228, 229, 231, 234, 236, 237, 251, 252, 253 Tract: 0003. Block(s): 213, 301, 302, 303 Tract: 0009. Block(s): 101, 102, 108, 109, 110, 111, 112, 113, 114, 115, 116 Tract: 0104.02 Block(s): 908, 911
District: 136
MUSCOGEE COUNTY VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD (Part) Tract: 0106.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 119, 120, 121, 122, 123, 124, 125, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216, 217, 218, 228, 229, 230, 232
District: 137
MARION COUNTY CHATTAHOOCHEE COUNTY SCHLEY COUNTY

2006

JOURNAL OF THE HOUSE,

VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 178B, 179, 180A, 180B, 186, 187, 188, 189, 190, 191, 192, 194, 195A, 195B, 196, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217A, 217B, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 256, 257A, 257B, 258A, 258B, 259A, 259B, 260, 261, 262A, 262B, 263 Tract: 9602. Block(s): 101, 102, 103, 104, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197
TALBOT COUNTY VTD: 3001 BOX SPRINGS VTD: 3002 FLINT HILL (Part) Tract: 9601.98 Block(s): 215, 229, 230, 231, 232, 233, 234, 235, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282 VTD: 3003 GENEVA VTD: 3004 JUNCTION CITY VTD: 3005 ONEALS VTD: 3006 PRATTSBURG VTD: 3007 TALBOTTON VTD: 3008 VALLEY
TAYLOR COUNTY VTD: 0001 1 VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 0006 6
VTD: 0007 7 (Part) Tract: 9501.
Block(s): 172, 173, 174
Tract: 9502.
Block(s): 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146,
147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158A,
158B, 159, 160A, 160B, 162, 172, 173, 174A, 174B, 175, 176A,
176B, 177, 178, 179, 180, 181, 182, 183, 184, 201, 202, 203,
204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216,
217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228,
229B, 230B, 232B, 233, 234, 235, 236, 237A, 237B, 238, 239,
240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252,
253, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 262, 263,
268, 269, 270, 271, 275, 294, 295, 296, 297

WEDNESDAY, MARCH 4, 1992

2007

Tract: 9503. Block(s): 101, 102, 104, 107, 108
VTD: 0008 8 VTD: 0009 9
District: 138
PULASKI COUNTY CRISP COUNTY
VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 149, 150, 156, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 201, 202, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 216A, 216B, 217, 218, 219, 220, 221, 222A, 222B, 222C, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263A, 263B, 264B, 265B, 266B, 309A, 309B, 319, 320, 321, 322, 323A, 323B, 324B, 325, 326, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363 Tract: 9802. Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 175, 176, 177, 178, 179C, 181, 182A, 182B, 182C, 183, 184, 185, 186, 187, 193, 194, 195, 196A, 196B, 328, 412A, 412C, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 454D, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619 Tract: 9803. Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271, 301, 302, 303, 304, 307, 308, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 355, 356, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, HOB, 111A, 111B, 112A, 112B,

2008

JOURNAL OF THE HOUSE,

113A, 113B, 114, 115, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 301, 302, 307, 308, 309, 310, 311, 318, 319, 320, 321, 328, 329, 330, 335, 336, 337, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417, 418A, 418B, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B, 528C, 528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544
Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120
VTD: 0002 LISTONIA VTD: 0003 HATLEY
VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part)
Tract: 9703. Block(s): 166, 167, 168, 169, 170, 218, 219, 221B, 222B, 223, 224A, 224B, 225, 226B, 238, 239, 240, 241, 242, 243, 248, 254, 255, 311, 313B, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 341B, 342, 343B, 344B, 345B, 346, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 401, 402, 403, 414, 415, 416, 417, 418, 419, 420, 421, 422, 426B, 433, 434, 435, 436, 437, 438, 439, 509, 510, 511, 512, 513, 514, 515A, 515B, 516, 517, 518, 519, 520, 521, 523A, 523B, 524A, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 571, 580B, 582, 584, 585, 586, 587, 588, 589
VTD: 0002 SIXTH 1012
VTD: 0003 THIRD 516 VTD: 0004 DRAYTON 633 (Part)
Tract: 9702.
Block(s): 280, 281, 282, 284 Tract: 9703.
Block(s): 355, 359, 360, 361, 362, 363, 364, 365, 366, 367, 381, 386, 387,
388, 395, 396, 397 VTD: 0005 FINDLAY 1552 VTD: 0006 BYROMVILLE 585
VTD: 0007 DOOLING 640 (Part)
Tract: 9702.

WEDNESDAY, MARCH 4, 1992

2009

Block(s): 202A, 202B, 209A, 209B, 210A, 210B, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 222A, 222B, 223, 224, 225, 226, 227, 268, 269, 270, 271, 272, 273, 275, 277
VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 VTD: 0010 LILLY 1671 HOUSTON COUNTY VTD: 0009 LII VTD: 0010 UII (Part)
Tract: 0211.02 Block(s): 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 139, 140, 141, 301, 304
Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 202, 204, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345
District: 139
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235, 236, 237, 238, 239, 240A, 241A, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 203A, 203C, 203D, 205A, 205B, 205C, 206, 207, 208A, 208B, 305, 306, 307A, 307B, 308A, 308C, 401, 402, 403, 404, 405, 406, 407, 408, 409, 412, 413, 414, 415, 416, 417, 418 Tract: 0208. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 901A, 901B Tract: 0211.01 Block(s): 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110 VTD: 0002 MILL VTD: 0003 MSSH (Part) Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 308, 309, 310, 315, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429 VTD: 0004 RECR (Part) Tract: 0203. Block(s): 102A, 103, 104, 105, 106, 107, 108, 109, 113 Tract: 0204. Block(s): 125, 126, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 113A, 114A, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121 VTD: 0006 RUSS

2010

JOURNAL OF THE HOUSE,

VTD: 0008 NSJH (Part) Tract: 0201.02 Block(s): 301A, 301B, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 307A, 307B, 307C, 308, 309A, 309B, 401B, 401C, 401E, 401F, 401G, 405, 406, 407, 408, 411, 412, 413, 415, 416, 417, 418, 419, 424, 426, 427, 428
VTD: 0010 UII (Part) Tract: 0211.02 Block(s): 101A, 101B, 106D, 106E, 116A, 116B
VTD: 0013 ANNX VTD: 0017 WRJH
District: 140
MACON COUNTY CRAWFORD COUNTY
VTD: 0002 2 VTD: 001B IB CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801. Block(s): 119, 120, 123, 124, 203, 204, 215A, 215B, 215C, 215D, 215E, 223A, 223B, 264A, 265A, 266A, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 308C, 308D, 310, 311, 312, 313, 314, 315, 316, 317, 318, 324A, 327, 328, 364, 365, 366, 367
Tract: 9802. Block(s): 179A, 179B, 180, 197A, 197B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412B, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 453, 454A, 454B, 454C
Tract: 9803. Block(s): 305, 306, 309, 310, 311, 327, 351, 352, 353, 354, 357, 358, 359, 360
Tract: 9804. Block(s): 303, 304, 305, 306, 312, 313, 314, 315, 316, 317, 322, 323, 324. 325, 326, 327, 331, 332, 333, 334, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429
DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 221A, 222A, 226A, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 244, 245, 246, 247, 249, 250, 251, 252, 253, 313A, 314, 315, 334, ,!36, 337, 338, 339, 340, 341A, 343A, 344A, 345A, 347, 348, 389, 390, 391, 392, 393, 394, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 423, 424, 425, 426A, 427, 428, 429A, 429B, 430, 431, 432, 440A, 440B, 441, 442, 443A, 443B, 444, 445, 446, 447, 448, 449A, 449B, 450A, 450B, 451A, 451B, 452, 453, 454, 455, 456, 522, 570, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 579, 580A, 581, 583 VTD: 0004 DRAYTON 633 (Part)

WEDNESDAY, MARCH 4, 1992

2011

Tract: 9702. Block(s): 279, 283, 293, 294, 295, 296, 297
Tract: 9703. Block(s): 335, 352, 353, 354, 356, 357, 358
VTD: 0007 DOOLING 640 (Part) Tract: 9702. Block(s): 278
PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3
SCHLEY COUNTY VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 148, 149, 150, 151, 152, 153A, 153B, 153C, 154, 181, 182, 183A, 183B, 184, 185, 193, 197, 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 208, 242, 243, 255 Tract: 9602. Block(s): 105, 106, 180
TAYLOR COUNTY VTD: 0002 2 VTD: 0007 7 (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 161, 163, 164, 165, 166, 167, 168, 169, 170, 171, 185, 229A, 230A, 231, 232A
District: 141
HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 240B, 241B Tract: 0207. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 201A, 201B, 202, 203B, 204A, 204B, 204C, 301, 302, 303, 304, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 Tract: 0208. Block(s): 201, 301, 401, 402, 901C Tract: 0211.01 Block(s): 101A, 101B, 114A, 114B, 115A, 115B VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 305, 306A, 308A, 311, 312, 313A, 314, 315, 316, 317, 318, 319 Tract: 0203. Block(s): 303, 304, 305, 306, 307, 311, 312, 313, 314 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 101A, 101B, 102B, 110, 111, 112, 114A, 114B, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113 Tract: 0205.

2012

JOURNAL OF THE HOUSE,

Block(s): 101A, 101B, 102, 103, 104, 105, 113B, 114B Tract: 0206.
Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202B, 202C, 202D, 202E, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 902, 903, 904, 905, 906, 907A, 907B, 907C, 908A, 908B, 909A,909B
VTD: 0010 UII (Part) Tract: 0211.01 Block(s): 113B Tract: 0211.02 Block(s): 102, 103, 104, 105, 106A, 106B, 106C, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B, 117, 134, 135, 136, 137, 138, 142, 143 Tract: 0211.03 Block(s): 201, 203A, 203B, 205, 206, 207, 208, 209, 210, 214
VTD: 0011 10TH VTD: 0014 N13 VTD: 0015 12TH VTD: 0016 TOWN
District: 142
BLECKLEY COUNTY DODGE COUNTY LAURENS COUNTY
VTD: 0007 BURCH VTD: 0009 CADWELL VTD: 0015 LOWERY VTD: 0018 REEDY SPRINGS TELFAIR COUNTY VTD: 0001 MCRAE (Part)
Tract: 9501. Block(s): 101A, 101B, 101C, 101E, 102, 103, 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 128, 129, 130, 131A, 131B, 131C, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 152C, 153, 154, 155, 156A, 156B, 156C, 156D, 157, 158A, 159, 219B, 228B, 229, 230A, 230B, 231, 232, 233B, 246B, 247B, 276B, 278, 279, 280, 281, 282, 283, 310B, 333B, 334B, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352B, 355B, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390A, 390B, 391, 392, 393, 394, 395, 396, 397, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434,

WEDNESDAY, MARCH 4, 1992

2013

435, 436, 437, 438, 439, 440, 441A, 441B, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458A, 458B, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 520B, 529A, 530, 534A, 534B, 536, 537, 538, 539, 540, 541, 542, 543, 544A, 544B, 545A, 545B, 545C, 546, 550A VTD: 0002 MILAN (Part) Tract: 9502. Block(s): 109A, 110A, 113A, 120A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144A, 145, 146A VTD: 0006 HELENA
District: 143
LAURENS COUNTY VTD: 0001 NATIONAL GUARD VTD: 0002 SHAMROCK VTD: 0003 CALHOUN PARK VTD: 0004 BETHSADIA VTD: 0005 BAILEY VTD: 0006 BUCKEYE VTD: 0008 BURGAMY VTD: 0010 CARTER VTD: 0011 DUDLEY VTD: 0012 HAMPTON MILL VTD: 0013 HARVARD VTD: 0014 JACKSON VTD: 0016 OCONEE VTD: 0017 PINETUCKY VTD: 0019 ROCKLEDGE VTD: 0020 SMITH
District: 144
EMANUEL COUNTY CANDLER COUNTY TREUTLEN COUNTY JOHNSON COUNTY
VTD: 0008 MEEKS VTD: 0009 ADRIAN VTD: 0010 SMITH
District: 145
JENKINS COUNTY BULLOCH COUNTY
VTD: 0001 STATESBORO (Part) Tract: 9903. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143B, 144B, 145, 146, 147, 148, 149, 150, 151, 152, 211, 212, 213, 214, 217, 219, 220, 221, 222, 223, 224, 225, 226, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253,

2014

JOURNAL OF THE HOUSE,

254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 270, 281, 282, 283, 284, 285, 295, 296, 297, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474 Tract: 9904. Block(s): 303B, 308A, 308B, 309, 310, 311, 411B, 426B, 426C, 429B, 430, 431, 432, 433A, 433B, 434, 435, 436, 437, 438, 515B, 516, 521B, 522B, 523, 524B, 525B, 526B, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 603C, 608B, 610B, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624 Tract: 9905. Block(s): 503B, 504B, 522B, 523, 524, 525, 526, 527, 528, 529 Tract: 9906. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428 Tract: 9907. Block(s): 403, 405, 406 VTD: 0005 BROOKLET VTD: 0006 STILSON VTD: 0007 BAY VTD: 0008 NEVILS VTD: 0009 REGISTER VTD: 0010 EMIT VTD: 0011 SINKHOLE VTD: 0012 PORTAL BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0004 GREENS CUT AND FOUR POINTS VTD: 0005 KEYSVILLE VTD: 0008 SARDIS VTD: 0010 SHELLBLUFF
District: 146
SCREVEN COUNTY BULLOCH COUNTY
VTD: 0001 STATESBORO (Part) Tract: 9902. Block(s): 110, 111, 112, 113, 114, 115, 116, 127, 128, 129, 130, 131, 132, 133, 135, 136, 137A, 137B, 138A, 138B, 139A, 139B, 140, 141, 142, 143A, 143B, 144A, 144B, 145A, 145B, 146, 147, 148, 258, 259, 260, 261, 263, 264, 265, 266, 267, 268, 271,

WEDNESDAY, MARCH 4, 1992

2015

301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,
316A, 316B, 317, 318, 319, 320A, 320B, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331A, 331B, 332, 333A,
333B, 334A, 334B, 335A, 335B, 336, 337, 401A, 401B, 402, 403, 404, 405, 406, 407A, 407B, 408, 409, 410, 411, 412, 413, 414,
415, 416, 417, 418, 419, 420, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510,
511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526,
527, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614A, 614B,
615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630,
631, 632, 633 Tract: 9903.
Block(s): 130A, 143A, 144A Tract: 9904.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 301, 302, 303A, 304, 305, 306, 307, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411A, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426A, 427, 428, 429A, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518, 519, 520, 521A, 522A, 524A, 525A, 526A, 527, 601, 602, 603A, 603B, 604, 605, 606, 607, 608A, 609, 610A
Tract: 9905. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426,
427, 428, 429, 430, 431, 501A, 501B, 502,
503A, 504A, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522A
Tract: 9906.

2016

JOURNAL OF THE HOUSE,

Block(s): 141, 142, 143, 144, 152, 153, 154, 155, 156, 157, 201, 202A, 202B, 203, 204A, 204B, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321A, 321B, 321C, 322, 323A, 323B, 324, 509, 510A, 510B, 510C, 511, 512, 513, 514, 515, 516, 517, 520, 535, 536, 537A, 537B, 538A,538B
VTD: 0002 LOCKHART VTD: 0003 BLITCH VTD: 0004 HAGIN
District: 147
EFFINGHAM COUNTY BRYAN COUNTY
VTD: 0001 NINETEENTH VTD: 0002 MILL CREEK VTD: 0003 RICHMOND HILL VTD: 0006 FORT STEWART (Part)
Tract: 9202. Block(s): That portion of Block 901E which lies north of Georgia State Highway 144.
VTD: 0007 BLITCHTON
District: 148
CHATHAM COUNTY VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 201A, 202A, 212, 301B, 310B, 311B, 405, 406A, 406B, 407A, 407B, 409, 410A, 410B, 411 VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 101, 102, 103, 118, 119, 120, 201, 206 VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0022 2-9 VTD: 0026 3-3 (Part) Tract: 0036.01 Block(s): 308, 309, 310, 311, 312, 313, 314 Tract: 0037. Block(s): 108, 109, 110, 111, 112, 113, 118, 119, 120, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 VTD: 0027 3-4 VTD: 0028 3-5 VTD: 0030 3-7 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 401B, 402 VTD: 0035 4-2

WEDNESDAY, MARCH 4, 1992

2017

VTD: 0036 4-3 (Part) Tract: 0111.01 Block(s): 507
VTD: 0043 4-10 (Part) Tract: 0038. Block(s): 204B, 307B, 312B, 313B Tract: 0039. Block(s): 201B, 202B Tract: 0101.02 Block(s): 407, 408, 409, 410
District: 149
CHATHAM COUNTY VTD: 0009 1-9 VTD: 0024 3-1 VTD: 0025 3-2 VTD: 0047 5-2 VTD: 0052 5-7 (Part) Tract: 0045. Block(s): 101A, 103, 104, 131, 401A, 401B, 413B, 414A, 414B VTD: 0053 5-8 (Part) Tract: 0105.02 Block(s): 106, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 VTD: 0061 6-6 VTD: 0077 8-2 (Part) Tract: 0105.01 Block(s): 201, 212B, 213 Tract: 0106.01 Block(s): 620B Tract: 0106.04 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129B, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155 Tract: 0106.05 Block(s): 169A, 170A, 171A, 172A VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10 VTD: 0086 5-11
District: 150
CHATHAM COUNTY VTD: 0053 5-8 (Part) Tract: 0105.02 Block(s): 102, 103, 104, 105 VTD: 0064 6-9 VTD: 0065 7-1 VTD: 0066 7-2

2018

JOURNAL OF THE HOUSE,

VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0069 7-5 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 VTD: 0073 7-9 VTD: 0074 7-10 VTD: 0075 7-11 VTD: 0076 8-1 VTD: 0077 8-2 (Part)
Tract: 0106.01 Block(s): 315, 620A
Tract: 0106.04 Block(s): 129A, 130, 131A
Tract: 0106.05 Block(s): 101, 102B, 103, 104, 117, 118, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146C, 147, 148, 149, 150, 151B, 152B, 153, 154B, 162, 163, 164, 165, 166, 167, 168, 169B, 170B, 171B, 172B, 175
Tract: 0106.99 Block(s): 146Z
District: 151
CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0018 2-5 VTD: 0029 3-6 VTD: 0031 3-8 VTD: 0033 3-10 VTD: 0046 5-1 VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 (Part) Tract: 0012. Block(s): 112 Tract: 0033.02 Block(s): 201, 206, 207 Tract: 0045. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134A, 134B, 134C, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 214C, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413A VTD: 0054 5-9 VTD: 0055 5-10

WEDNESDAY, MARCH 4, 1992

2019

District: 152
CHATHAM COUNTY VTD: 0007 1-7 VTD: 0010 1-10 VTD: 0011 1-11 VTD: 0012 1-12 (Part) Tract: 0039. Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 301A, 302, 303, 304, 305, 306, 307, 308, 309, 310A, 311A, 312, 313, 314, 315, 404, 408, 412A, 412B Tract: 0040.02 Block(s): 101, 102, 103, 104A, 104B, 105, 118A, 118B Tract: 0102. Block(s): 312A, 312B, 312C, 313A, 313B, 313C VTD: 0032 3-9 VTD: 0044 4-11 (Part) Tract: 0041. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 140, 201, 202, 203, 204, 205, 206, 207, 208, 209 Tract: 0110.03 Block(s): 103 VTD: 0045 4-12 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0062 6-7 VTD: 0063 6-8
District: 153
CHATHAM COUNTY VTD: 0013 1-13 (Part) Tract: 0102. Block(s): 202, 203, 204, 205, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312D, 314, 315, 316 VTD: 0026 3-3 (Part) Tract: 0036.01 Block(s): 103, 108, 109, 115, 116, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306A, 307 Tract: 0036.02 Block(s): 101A Tract: 0037. Block(s): 201A, 201B, 202, 203, 204, 205, 206 Tract: 0101.01 Block(s): 323 VTD: 0034 4-1 (Part) Tract: 0036.01 Block(s): 101, 102A, 102B, 104, 105, 106, 107, 110, 111, 112, 113, 114, 117, 118, 119, 306B, 401 A, 403, 404A, 404B, 405, 406, 407, 408, 409 Tract: 0036.02 Block(s): 101D, 312B Tract: 0101.01 Block(s): 301, 302, 303, 314A, 314B, 314C, 315, 316, 317, 318A, 318B, 319, 320, 321A, 321B, 321C, 321D, 322, 329A, 329B VTD: 0036 4-3 (Part)

2020

JOURNAL OF THE HOUSE,

Tract: 0111.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 401, 402, 403, 404, 405, 406, 508, 509, 510, 511, 512, 513, 514
VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 (Part)
Tract: 0101.02 Block(s): 315B, 402, 403B, 404, 411, 412, 413
Tract: 0110.02 Block(s): 103
Tract: 0110.04 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
VTD: 0044 4-11 (Part) Tract: 0110.03 Block(s): 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114
VTD: 0056 6-1
District: 154
TATTNALL COUNTY EVANS COUNTY BRYAN COUNTY
VTD: 0004 TWENTH WEST VTD: 0005 FORT MCALLISTER VTD: 0006 FORT STEWART (Part)
Tract: 9202. Block(s): That portion of Block 901E which lies south of Georgia State Highway 144.
LIBERTY COUNTY VTD: 0010 2-0010 (Part) Tract: 0101. Block(s): That portion of Block 901G which lies north and east of Georgia State Highway 144 and Georgia State Highway 119. VTD: 0012 2-0012
District: 155
TOOMBS COUNTY MONTGOMERY COUNTY WHEELER COUNTY
District: 156
WILCOX COUNTY BEN HILL COUNTY IRWIN COUNTY TIFT COUNTY
VTD: 0001 BRIGHTON

WEDNESDAY, MARCH 4, 1992

2021

VTD: 0002 BROOKFIELD VTD: 0008 TIFTON SOUTH (Part)
Tract: 9906. Block(s): 101B, 102B, 103B, 117B, 120B, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131B, 138B, 139B, 172, 173, 217, 222, 223, 224, 225B, 226, 227, 228, 231, 233, 234, 237, 238, 301, 304, 305, 306, 307, 309, 310, 311, 312, 315
VTD: 0009 TIFTON NORTHEAST (Part) Tract: 9904. Block(s): 105D, 106, 107, 108, 109, 122, 129, 130, 401C, 402, 403, 408B, 409, 410, 411, 413B, 414B, 415, 416, 417B, 533B Tract: 9906. Block(s): 201C, 202B, 206, 207, 208, 209B, 211, 212, 213, 214, 215, 216, 235, 236
District: 157
TURNER COUNTY LEE COUNTY
VTD: 0002 REDBONE VTD: 0003 LEESBURG (Part)
Tract: 0203. Block(s): 424, 430, 431B, 432, 433, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 501, 502, 503, 504, 505A, 506, 507A, 508
VTD: 0004 CENTURY VTD: 0005 PALMYRA WORTH COUNTY VTD: 0001 SYLVESTER VTD: 0002 SYLVESTER PARK VTD: 0003 POULAN VTD: 0004 SUMNER VTD: 0005 SHINGLER VTD: 0006 RED ROCK (Part)
Tract: 9502. Block(s): 102, 103, 104, 105, 107, 108, 109, 110, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 252, 253, 254, 255, 256, 257, 258, 259, 301, 302, 303, 304, 305B, 306, 307B, 308B, 308C, 314B
VTD: 0007 DOLES (Part) Tract: 9501. Block(s): 231, 232, 233, 234, 235, 236, 237, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 295, 296, 297
VTD: 0008 OAKFIELD VTD: 0009 WARWICK VTD: 0010 SCOTTERVILLE VTD: 0011 MINTON VTD: 0013 GORDY (Part)
Tract: 9504. Block(s): 219, 221, 222, 223, 224

2022

JOURNAL OF THE HOUSE,

Tract: 9505. Block(s): 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 123, 124, 125, 126, 127, 128, 153B, 154, 155B, 168B, 169, 233, 234B, 235, 241, 242, 243, 244, 245B, 254B, 263B, 264B, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294
District: 158
STEWART COUNTY WEBSTER COUNTY QUITMAN COUNTY RANDOLPH COUNTY SUMTER COUNTY
VTD: 0025 CONCORD NEW 26 VTD: 0030 PLAINS OLD 26 (Part)
Tract: 9504. Block(s): 141, 142, 143, 146, 147, 148, 149, 151, 152, 153, 154, 155, 157, 158, 160, 161, 162, 163, 164, 165, 166, 201, 202A, 202B, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211, 212, 213A, 213B, 214, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236A, 237A, 238A, 241A, 242, 248, 249, 250, 301, 304, 305, 309A
VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 115A, 115B, 115D, 116A, 116B, 117A, 117B, 118C, 119B, 120B, 121B, 122B, 125, 126, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141B, 141C, 141D, 142, 148A, 148B, 148C, 149A, 149B, 149C, 150, 151, 152, 301A, 301B, 301C, 301D, 301E, 302, 303A, 303B, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B, 317, 318, 319, 320, 321A, 321B, 322, 323, 402, 403, 404, 405, 406, 407, 408, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 134, 135A, 135B, 135D, 137A, 137B, 138, 139B, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 215A, 215B, 215C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 220, 221, 222, 223, 224, 225, 311, 312, 313, 314, 315, 316, 453, 454, 455, 456, 457, 458, 459, 462, 463, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 520B, 543, 544 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 114D, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A,

WEDNESDAY, MARCH 4, 1992

2023

215B, 216A, 216B, 216C, 216D, 217A, 217B, 217C, 218, 219, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 230, 231, 232A, 232B, 233A, 233B, 233C, 234, 235, 236, 237, 238, 304, 307, 309, 310, 311, 312, 313, 314 Tract: 9506. Block(s): 101, 128, 131, 132, 133, 134, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 9507. Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407B, 407C, 408A, 408B, 409A, 409B, 409C, 409D, 409E, 409F, 409G, 410, 411, 412, 413, 414A, 414B, 414C, 414D, 415A, 415B, 415C, 415D, 416A, 416B, 416C, 417. 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435 VTD: 0040 CHAMBLISS 28 VTD: 0045 ANDERSONVILLE
District: 159
TERRELL COUNTY CLAY COUNTY CALHOUN COUNTY LEE COUNTY
VTD: 0001 CHOREE VTD: 0003 LEESBURG (Part)
Tract: 0202. Block(s): 160, 162, 163, 192, 194, 195, 196
Tract: 0203.
Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418. 419, 420, 421A, 421B, 422, 423, 425, 426, 427, 428, 429,
431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 485B, 486, 487, 490, 491, 493, 494,
495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549 VTD: 0006 SMITHSVILLE SUMTER COUNTY VTD: 0005 LESLIE 15 VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 223B, 236B, 237B, 238B, 239, 240, 241B, 243, 244, 245, 246, 247, 251, 252, 253, 254, 302, 303, 306, 307, 308, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 326, 330, 363, 364, 365, 369, 370

2024

JOURNAL OF THE HOUSE,

VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 115C, 118A, 118B, 119A, 120A, 121A, 122A, 123A, 123B, 124A, 124B, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226 Tract: 9503. Block(s): 135C, 136, 139A, 140A, 1408, 141, 142A, 142B, 143, 144, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 460, 461, 513, 514A, 514B, 515, 516, 517, 518, 519A, 519B, 520A, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 545, 546 Tract: 9504. Block(s): 319, 320 Tract: 9505. Block(s): 301, 302, 303, 305, 306, 308, 326B, 327, 328, 329, 331, 332, 333, 334 Tract: 9506. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 135, 136, 137, 138
District: 160
EARLY COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY
VTD: 0002 BAINBRIDGE (Part) Tract: 9701. Block(s): 181, 182, 183, 186, 187, 188 Tract: 9703. Block(s): 267B, 284B, 285, 286, 383B, 384, 385, 386 Tract: 9704. Block(s): 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 124A, 124B, 125, 126A, 126B, 127, 128, 201, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208, 209, 210, 243 Tract: 9706. Block(s): 101, 102, 113, 114, 115, 116, 117, 118, 119, 120, 121, 130, 131, 132, 133, 134, 201, 202, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415 Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 195, 196, 197
VTD: 0003 WEST BAINBRIDGE (Part)

WEDNESDAY, MARCH 4, 1992

2025

Tract: 9702. Block(s): 190, 192, 193, 194, 195, 237, 238, 239, 240, 257
Tract: 9703. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 144B, 145, 146B, 147B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 158B, 159, 160, 161, 162, 163, 201B, 202C, 203, 204B, 260B, 261, 262, 263, 264, 265, 266, 267C, 270B, 278B, 287, 288
VTD: 0004 BELCHER VTD: 0006 BRINSON VTD: 0008 FACEVILLE VTD: 0010 KENDRICK VTD: 0011 PARKER (Part)
Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 122, 123, 124, 125, 126, 127, 128, 129, 156, 157, 158, 159, 160, 161, 162, 163, 164, 178
VTD: 0012 PINE HILL VTD: 0013 RECOVERY
District: 161
BAKER COUNTY DOUGHERTY COUNTY
VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0014 CARVER TEEN CENTER (Part)
Tract: 0012. Block(s): 218, 219, 220
Tract: 0015. Block(s): 114, 115, 116, 117, 119, 120, 121, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 316, 319, 320, 321, 322, 323, 324, 325, 326, 327
VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER (Part)
Tract: 0109. Block(s): 208, 215, 216, 217, 218, 219, 220, 224, 225, 226, 227, 228, 229
Tract: 0110. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 208, 209, 211, 212, 213, 214, 215, 216, 217, 227, 228, 230, 231, 232, 233, 234, 235, 236
District: 162
DOUGHERTY COUNTY VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER (Part) Tract: 0014.02 Block(s): 103, 104, 105, 106, 111, 112, 113, 218, 219 Tract: 0015.

2026

JOURNAL OF THE HOUSE,

Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 313, 314, 315
VTD: 0015 CARVER JR HIGH GYM VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0023 PUTNEY YOUTH CENTER (Part)
Tract: 0110. Block(s): 101, 102, 103, 104, 113, 114, 201, 202, 203, 204, 205, 206, 207, 210, 218, 219, 220, 221, 222, 223, 224, 225, 226, 229, 237, 238, 239, 240
Tract: 0111. Block(s): 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150
VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0026 BRANCH ROAD PRECINCT (Part)
Tract: 0001. Block(s): 101B, 101C, 103B, 104, 105, 106, 107B, 108B, 108C
VTD: 0027 SYLVANDALE ELEMENTARY SCH
District: 163
DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0026 BRANCH ROAD PRECINCT (Part) Tract: 0101. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128B, 129B, 130B, 131, 134, 201, 202, 203, 204, 205, 206, 207, 208B, 208C, 209, 210, 211, 212, 213, 214, 215, 216 Tract: 0103.01 Block(s): 101B, 102 VTD: 0028 SCOTTISH RITE TEMPLE
WORTH COUNTY VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251 VTD: 0007 DOLES (Part) Tract: 9501. Block(s): 283, 284, 287, 288, 289, 290, 291, 292, 293, 294 VTD: 0012 BRIDGEBORO VTD: 0013 GORDY (Part) Tract: 9505. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 236, 237, 238, 239, 240, 295, 296, 297
District: 164
MITCHELL COUNTY

WEDNESDAY, MARCH 4, 1992

2027

COLQUITT COUNTY VTD: 0001 BRIDGE CREEK VTD: 0003 DOERUN VTD: 0004 FUNSTON VTD: 0005 HAMILTON VTD: 0006 HARTSFIELD VTD: 0008 MILL CREEK VTD: 0009 MONK (Part) Tract: 9703. Block(s): 222, 223, 224, 225A, 225B, 226A, 226B VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 433, 523, 524, 525 Tract: 9708. Block(s): 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 115, 116, 117, 118, 119, 120, 121, 122, 123, 134, 135, 136, 137, 138, 139, 140, 141, 142, 147, 148, 301C Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B VTD: 0011 MURPHY VTD: 0014 THIGPEN VTD: 0018 SHAW (Part) Tract: 9703. Block(s): 201, 202, 203A, 203B, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212A, 212B, 212C, 213A, 213B, 214, 217, 218, 219, 220, 221, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 618 VTD: 0019 AUTREYVILLE
District: 165
COLQUITT COUNTY VTD: 0002 CROSLAND VTD: 0009 MONK (Part) Tract: 9701. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 288, 289, 290 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 158C, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 289, 290, 291, 292 Tract: 9703. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166 VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 215B, 216, 616, 617 Tract: 9704. Block(s): 108A, 108B, 109A, 110A, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 139, 140, 141,

2028

JOURNAL OF THE HOUSE,

142, 143, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214,
215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227,
228, 229, 230, 231, 232, 233, 234, 248, 249, 250, 251, 252, 253,
254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265
Tract: 9707.
Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119,
120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212,
213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225,
226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238,
239, 240, 241, 242, 243, 244, 245, 246, 248, 253, 254, 255, 256,
257, 258, 304, 305, 306, 307, 308, 309, 310, 311, 312, 318
Tract: 9708.
Block(s): 101, 102, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 201,
202
VTD: 0012 NORMAN PARK (Part) Tract: 9701. Block(s): 150, 151A, 151B, 152A, 152B, 153A, 153B, 170, 171A, 171B, 172, 174, 178, 179, 180, 181, 182, 183, 184, 206, 207, 208, 209, 210, 211, 212, 221, 222, 223, 224, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 257, 258A, 258B, 259, 260A, 260B, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276A, 276B, 277A, 277B, 278, 279, 280, 282, 283, 284, 285, 286, 287, 291, 292 Tract: 9704. Block(s): 108C, 109B, 109C, HOB
VTD: 0015 TY TY VTD: 0016 WARRIOR TIFT COUNTY VTD: 0003 CHULA VTD: 0004 DOCIA VTD: 0005 ELDORADO VTD: 0006 OMEGA
VTD: 0007 TY TY VTD: 0008 TIFTON SOUTH (Part)
Tract: 9906.
Block(s): 101A, 102A, 103A, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 118, 119, 120A, 121, 130A, 131A, 132, 133, 134, 135, 136, 137, 138A, 139A, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156A, 156B, 157, 158, 159, 160, 161, 162, 163, 164A, 164B, 165A, 165B, 166A, 166B, 167A, 167B, 168, 169, 170, 171A, 171B, 218A, 218B, 219, 220A, 220B, 221A, 221B, 225A, 225C, 225D, 229, 230A, 230B, 232A, 232B, 302, 303, 308, 313, 314, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435
Tract: 9907. Block(s): 103A, 108A, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127, 128, 129, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325,

WEDNESDAY, MARCH 4, 1992

2029

326, 327, 328, 329, 431, 432, 433, 435A, 435B, 436, 437, 438,
439, 440A, 440B, 441, 442, 443, 444, 445, 446, 447, 448A,
448B, 449A, 449B, 450, 451, 452, 453, 454, 455, 456, 457, 458,
459, 460, 461, 462, 463, 464, 465, 466, 469, 470, 471, 472, 473,
474, 475, 476, 477, 478
Tract: 9909.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225,
226, 227, 228, 229 VTD: 0009 TIFTON NORTHEAST (Part)
Tract: 9903. Block(s): 103A, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635
Tract: 9904. Block(s): 105A, 105B, 105C, 110A, HOB, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 123, 124, 125, 126, 127, 128, 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 401A, 401B, 404, 405, 406, 407, 408A, 412, 413A, 414A, 417A, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533A, 534, 535, 536, 537, 538, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628
Tract: 9906. Block(s): 201A, 201B, 202A, 203, 204, 205, 209A, 210
Tract: 9907. Block(s): 101, 102
VTD: 0010 TIFTON NORTHWEST
District: 166
BERRIEN COUNTY COLQUITT COUNTY
VTD: 0007 LEE VTD: 0010 MOULTRIE (Part)
Tract: 9704. Block(s): 107A, 136A, 138A, 201A, 203A, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 335A, 337, 340, 341, 342
Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A

2030

JOURNAL OF THE HOUSE,

Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 247, 249, 250, 251, 252, 301, 302, 303, 313, 314, 315, 316, 317, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630
Tract: 9708. Block(s): 113, 114, 143, 144, 145, 146, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418
VTD: 0012 NORMAN PARK (Part) Tract: 9701. Block(s): 253, 254, 255, 256, 281 Tract: 9703. Block(s): 101, 102, 103, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131. 132, 133, 134, 135 Tract: 9704. Block(s): 101, 102, 103, 104, 105, 106, 107B, 108D, 128, 129, 130, 131, 132. 133, 134, 135, 136B, 137, 138B, 201C, 202, 203B, 235B, 236B, 237C, 303, 304, 305, 306, 307, 308, 318
VTD: 0013 ROBINSON VTD: 0017 HOPEWELL COOK COUNTY VTD: 0001 ADEL WEST (Part)
Tract: 9802. Block(s): 334, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515
Tract: 9804. Block(s): 101, 119, 120
VTD: 0003 PINE VALLEY (Part) Tract: 9804. Block(s): 121, 144
VTD: 0004 LENOX VTD: 0005 MASSEE VTD: 0006 RIVER BEND VTD: 0007 SPARKS VTD: 0008 ADEL EAST
District: 167
COFFEE COUNTY ATKINSON COUNTY

WEDNESDAY, MARCH 4, 1992

2031

District: 168
WARE COUNTY
District: 169
BACON COUNTY PIERCE COUNTY BRANTLEY COUNTY CAMDEN COUNTY
VTD: 0001 ST. MARYS (Part) Tract: 0106. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314
VTD: 0003 TARBORO VTD: 0004 WAVERLY VTD: 0005 WOODBINE (Part)
Tract: 0102. Block(s): 218B, 219, 220, 221, 222C, 223, 224, 225, 226, 227, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 345, 346, 347, 348, 349, 350, 351, 352, 353, 363B, 368, 369B, 370, 371, 372, 373, 374, 375, 376, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 397
District: 170
JEFF DAVIS COUNTY APPLING COUNTY TELFAIR COUNTY
VTD: 0001 MCRAE (Part) Tract: 9501. Block(s): 158B, 160, 161, 531, 532, 533, 534C, 535, 547, 548, 549, 550B, 551, 552, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 652, 668 Tract: 9502. Block(s): 164, 165, 166, 167, 168, 169, 170, 171
VTD: 0002 MILAN (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, HOB, 111, 112, 113B, 114, 115, 116, 117, 118, 119, 120B, 121, 144B, 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 172, 173, 174, 175, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0003 LUMBER CITY

2032

JOURNAL OF THE HOUSE,

VTD: 0004 JACKSONVILLE VTD: 0005 SCOTLAND WAYNE COUNTY VTD: 0002 MADRAY SPRINGS VTD: 0003 OGLETHORPE VTD: 0005 RITCH
District: 171
LONG COUNTY
GLYNN COUNTY VTD: 0001 STERLING 1163/1166
LIBERTY COUNTY VTD: 0009 2-0009 VTD: 0010 2-0010 (Part) Tract: 0101. Block(s): That portion of Block 901G which lies south and west of Georgia State Highway 144 and Georgia State Highway 119
WAYNE COUNTY VTD: 0001 ODUM VTD: 0004 SCREVEN VTD: 0006 EMPIRE VTD: 0007 RED HILL VTD: 0008 EAST JESUP VTD: 0009 GARDI VTD: 0010 MT. PLEASANT VTD: 0011 ALTAHAMA VTD: 0012 VFW VTD: 0013 COURTHOUSE VTD: 0014 NATIONAL GUARD ARMORY VTD: 0015 RECREATION CENTER
District: 172
LIBERTY COUNTY VTD: 0002 HINESVILLE VTD: 0003 DORCHESTER (Part) Tract: 0105. Block(s): 209B, 209C, 209D, 243A, 243B, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 273A, 301, 302, 303, 304, 305, 324A, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 362, 363, 365, 379, 380, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494 VTD: 0004 WALTHOURVILLE AND FLEMING WEST (Part) Tract: 0102. Block(s): 401A, 501, 502, 506, 507, 508B, 509, 510B, 511B, 601, 602, 603A, 625A, 626A, 705B, 706B, 707, 708B, 709, 710A, 710B, 717B Tract: 0104. Block(s): 125A, 128A, 129A, 130, 131, 132, 133, 219A, 220A, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310,

WEDNESDAY, MARCH 4, 1992

2033

311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330B, 331, 332, 333, 334, 335B, 335C, 345B, 372, 373, 374, 375, 376, 377, 383A, 384A, 387B, 390A, 391A, 394, 395, 396, 397 VTD: 0006 FLEMING EAST VTD: 0007 GUM BRANCH VTD: 0011 2-0011
District: 173
MCINTOSH COUNTY GLYNN COUNTY
VTD: 0002 GLYNCO 1263 (Part) Tract: 0004. Block(s): 201, 202, 203, 204, 205, 210, 211, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 270, 271, 272, 273, 274, 275, 276, 277, 278, 280, 281, 282, 283, 284, 285, 382, 383, 384, 385, 386, 387, 388, 389, 390 Tract: 0006. Block(s): 201, 204, 205, 206, 501
VTD: 0003 FANCY BLUFF 1366 (Part) Tract: 0010. Block(s): 271, 272, 273, 274, 284, 285, 286, 287, 288, 289, 348, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 373, 374, 375, 376, 385, 386, 387, 393, 394, 447, 448, 449, 450, 451, 452, 453, 454, 455, 461, 462, 586, 587, 589
VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 (Part) Tract: 0005. Block(s): 112B, 113C, 118C, 118D, 119C, 120B, 122B, 123, 124, 125B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 706, 808, 809, 810, 811, 812, 813, 814, 815, 816 Tract: 0007. Block(s): 101, 102, 103, 104, 105A, 126, 127, 128
VTD: 0011 BWK. ARMORY 4153 (Part) Tract: 0007. Block(s): 301, 302A, 303A, 304A, 305, 306, 307, 308A, 308B, 309, 310A, 310B, 311A, 311B, 311C, 313, 319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 440, 441, 442, 443, 444, 509, 510, 527A, 528A, 529A, 722, 723, 724, 725, 726, 727, 728, 729, 735, 736, 737, 738, 739, 740, 741, 752 Tract: 0008. Block(s): 122, 123, 124, 131, 132, 135, 136, 137, 301, 302, 303, 406, 407, 520
VTD: 0012 JANE MACON 4253 (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109, 110, 111, 112A, 113A, 113B, 118A, 118B, 119A, 119B, 120A, 121, 122A, 125A, 126, 127, 128, 227, 228, 229, 230, 231, 232, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 317, 511, 512, 817, 818 Tract: 0007. Block(s): 119B, 120, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210A, 210B, 211, 212, 302B, 303B, 304B, 501, 502, 503, 504, 505, 506, 507, 508, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527B, 528B, 529B
VTD: 0013 CITY RECREATION 5153 (Part)

2034

JOURNAL OF THE HOUSE,

Tract: 0008. Block(s): 243, 244, 245, 246, 247, 248, 249, 250, 251, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 526, 527A, 528, 529, 530, 531, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545
Tract: 0009. Block(s): 308, 309, 310, 311, 312, 313, 314, 316, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 553, 554, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 658, 659, 660, 661, 662, 663, 664
VTD: 0014 ADULT EDUCATION 5253 (Part) Tract: 0005.
Block(s): 310, 311, 312, 313, 314, 315, 316, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430
Tract: 0007.
Block(s): 801, 802, 803, 804, 805, 806, 807, 815, 816, 817, 818, 819, 820, 821, 822
Tract: 0008.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 125, 126, 127, 128, 129, 130, 138, 139, 140, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 240, 241, 242, 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 517, 518, 519, 524, 525, 527B
LIBERTY COUNTY
VTD: 0001 RICEBORO VTD: 0003 DORCHESTER (Part)
Tract: 0105. Block(s): 138A, 140, 150A, 152, 209A, 210, 253, 254, 255, 256, 257, 258A, 258B, 259, 260, 261, 262, 263A, 263B, 264A, 264B, 265, 266, 267, 268A, 268B, 269, 360, 361, 364, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377
VTD: 0004 WALTHOURVILLE AND FLEMING WEST (Part)
Tract: 0102. Block(s): 401C, 401D, 402, 403, 404A, 404B, 404C, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 508A, 510A, 511A, 512, 513, 514, 515, 516, 603B, 603C, 603D, 604A, 604B, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623A, 623B, 624, 625B, 625C, 626B, 627, 628A, 628B, 629, 630, 631, 632A, 632B, 633, 634, 635, 636, 637, 638A, 638B, 639A, 639B, 639C, 639D, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 711, 712C, 712D, 724, 725
Tract: 0104.
Block(s): 201D, 203, 220C, 345C, 348D, 351B, 353B, 354, 355, 356, 357D, 358B, 359B, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 378, 379, 380, 381, 382, 383C, 384B, 385,
386, 387A, 387C, 387D, 388A, 388B, 389, 390B, 391B, 392, 393 VTD: 0008 MCINTOSH

WEDNESDAY, MARCH 4, 1992

2035

District: 174
GLYNN COUNTY VTD: 0002 GLYNCO 1263 (Part) Tract: 0004. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 206, 207, 208, 209, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 279, 286, 287, 288, 289, 290, 291, 292, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620 Tract: 0005. Block(s): 901, 902, 903, 904, 905, 906, 907, 908 VTD: 0003 FANCY BLUFF 1366 (Part) Tract: 0010. Block(s): 234B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 275, 276, 277, 278, 279, 280, 281, 282, 283, 290, 291, 292, 293, 294, 295, 296, 297, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 349, 350, 351, 352, 353, 364, 365, 366, 367, 368, 369, 370, 371, 372, 377, 378, 379, 380, 381, 382, 383, 384, 388, 389, 390, 391, 392, 395, 396, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 456, 457, 458, 459, 460, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 585, 588 VTD: 0004 SSI CASINO 2166 VTD: 0005 SSI AIR NATIONAL GUARD 2266 VTD: 0006 SSI FIRE STATION 2366 VTD: 0007 JEKYLL 2466 VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 (Part) Tract: 0004. Block(s): 621, 622, 624 Tract: 0005. Block(s): 114B, 114C, 115, 116C, 116D, 117, 501, 502, 503, 504, 505, 506, 507, 508B, 509, 517, 518B, 519B, 527A, 527C, 528A, 528C, 701, 702, 703, 704, 705, 707, 801, 802, 803, 804, 805, 806, 807, 819, 820, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929A, 929B, 929D, 930C, 930D Tract: 0007. Block(s): HOD, 111, 112B, 112C VTD: 0009 BALLARD RECREATION 3253 VTD: 0010 GLYNDALE COMMUNITY BLDG. 3353/3363 VTD: 0011 BWK. ARMORY 4153 (Part) Tract: 0007. Block(s): 312, 314A, 314B, 315A, 315B, 316, 317, 318, 324, 325, 326, 327, 328, 329, 330, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621A, 621B, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 701,

2036

JOURNAL OF THE HOUSE,

702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 730, 731, 732, 733, 734, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751, 753, 754, 755A, 755B, 756A, 756B, 757, 758, 759, 808, 809, 810, 811, 812, 813, 814, 823, 824, 825, 826 Tract: 0008. Block(s): 116, 117, 118, 119, 120, 121, 133, 134, 521 VTD: 0012 JANE MACON 4253 (Part) Tract: 0005. Block(s): 114A, 116A, 116B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 233, 234, 508A, 510, 513, 514, 515, 516, 518A, 519A, 520, 521, 522, 523, 524, 525, 526, 527B, 528B, 529, 530, 929C, 930A, 930B, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946 Tract: 0007. Block(s): 110A, HOB, HOC, 112A, 114, 115, 116, 117, 118, 119A, 119C, 123, 124, 125 Tract: 0008. Block(s): 216 VTD: 0013 CITY RECREATION 5153 (Part) Tract: 0004. Block(s): 623, 625 Tract: 0008. Block(s): 239A, 532, 533, 534, 546, 547, 548, 549 Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301, 302, 303, 304, 305, 306, 307, 315, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 531, 532, 533, 534, 535, 536, 537, 550, 551, 552, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 665, 666, 667, 668, 669, 670 VTD: 0014 ADULT EDUCATION 5253 (Part) Tract: 0008. Block(s): 238, 239B, 522, 523
District: 175
CHARLTON COUNTY CAMDEN COUNTY
VTD: 0001 ST. MARYS (Part) Tract: 0103. Block(s): 471A, 471B, 471C Tract: 0104. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 106D, 107A, 107B, 108A, 108B, 109, 110, 120A, 120B, 121A, 121B, 121C, 122, 123, 124A, 124B, 125, 126, 127, 128,

WEDNESDAY, MARCH 4, 1992

2037

129, 130, 131A, 131B, 132, 146A, 146B, 147, 148A, 148B, 148C, 148D, 149A, 149B, 149C, 150, 151A, 151B, 152A, 152B, 153A, 153B, 153C, 154, 155, 156, 157, 158A, 158B, 158C, 159, 160, 161, 162A, 162B, 162C, 163A, 163B, 163C, 165A, 165B, 166A, 166B, 167A, 167B, 168, 169A, 169B, 170A, 170B, 170C, 170D, 170E, 170F, 172B, 173A, 173B, 174A, 174B, 175A, 175B, 176, 177A, 177B, 177C, 177D, 177E, 177F, 177G, 178A, 178B, 179, 180, 183, 184, 185, 186, 187, 188, 189, 190, 191 Tract: 0105. Block(s): 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912A, 912B, 913A, 913B, 914A, 914B, 914C, 914D, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928 Tract: 0105.99 Block(s): 914Z Tract: 0106. Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 201, 202A, 202B, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 204D, 205A, 205B, 206A, 206B, 207, 208, 209, 210A, 210B, 211, 212A, 212B, 212C, 213, 214, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250A, 250B, 251, 252, 253, 254, 315, 316, 317A, 317B, 317C, 317D, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351A, 351B, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397
VTD: 0002 KINGSLAND
VTD: 0005 WOODBINE (Part)
Tract: 0102.
Block(s): 201, 202, 203, 204, 205, 206, 207,
208, 209, 210, 211, 212, 213, 214, 215,

2038

JOURNAL OF THE HOUSE,

216, 217, 218A, 222A, 234, 235, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249,
250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273,
274, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283, 284, 285, 286, 287, 288A,
288B, 289A, 289B, 290A, 290B, 291, 292,
293, 294, 295, 296, 297, 343, 344, 354, 355, 356, 357, 358, 359A, 359B, 359C, 360,
361, 362, 363A, 364A, 364B, 365A, 365B, 366, 367A, 367B, 369A, 377, 378, 393, 394,
395, 396 Tract: 0103.
Block(s): 101, 102, 104, 141, 301, 302A,
302B, 303A, 303B, 304, 330, 331
District: 176
CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY LOWNDES COUNTY
VTD: 0003 MOODY MASONIC (Part) Tract: 0101. Block(s): 261, 276
VTD: 0005 GARDEN CENTER (Part) Tract: 0105. Block(s): 114
VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH (Part)
Tract: 0105. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 130, 131, 132, 133
Tract: 0111. Block(s): 101, 102, 201, 202, 211, 212, 213, 214, 234
VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0106. Block(s): 301A, 301B Tract: 0107. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 255, 256, 257, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329 Tract: 0108. Block(s): 101, 102, 103, 107, 108, 134
VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0018 NEW COVENANT CHURCH (Part)

WEDNESDAY, MARCH 4, 1992

2039

Tract: 0101. Block(s): 269, 270, 271, 274A, 274B, 275, 277
Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B
Tract: 0106. Block(s): 101B, 101C, 102C, 102D, 102E, 104, 105B, 105C, 106, 107, 108, 109B, 109C, 109D, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221D, 222, 223, 224, 225, 226, 227, 228
VTD: 0022 EVANGEL CATHEDRAL (Part) Tract: 0104. Block(s): 101A, 102A, 103A, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 118, 119, 120, 121, 122A, 123A, 124A, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 208, 209, 210, 211, 212, 213, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244 Tract: 0106. Block(s): 101A, 102A, 102B, 103, 105A, 109A, 110, 111, 112, 113, 114, 115, 116, 211A, 221C
District: 177
BROOKS COUNTY VTD: 0002 BRIGGS (Part) Tract: 9903. Block(s): 221, 222, 223, 225, 228, 229, 232, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277
COOK COUNTY VTD: 0001 ADEL WEST (Part) Tract: 9802. Block(s): 218, 219A, 220, 221, 222, 223, 224, 225A, 247A, 516, 517, 518, 519, 520 Tract: 9804. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 137, 155, 156, 157, 159A, 201, 204 VTD: 0002 CECIL VTD: 0003 PINE VALLEY (Part) Tract: 9802. Block(s): 246, 247B, 248 Tract: 9804. Block(s): 122, 136B, 138, 139, 140, 141, 142, 143, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 158, 159B, 160, 161, 162, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 251, 252, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271
LOWNDES COUNTY

2040

JOURNAL OF THE HOUSE,

VTD: 0001 HAHIRA (Part)
Tract: 0102. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110A, HOB, HOC, HOD, 111, 112, 113, 114, 115, 116, 117, 118A, 118B, 118C, 119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 182, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163A, 163B, 164, 165A, 165B, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 201A, 201B, 202, 203, 204A, 204B, 205A, 205B, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225A, 225B, 225C, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251, 252, 253A, 253B, 254, 255, 256, 257, 258A, 258B, 259, 260A, 260B, 261A, 261B, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310,
311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 388, 389, 390, 391, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 467, 468,
469, 470, 471, 472 VTD: 0002 MINEOLA (Part)
Tract: 0102. Block(s): 416, 460, 461, 462, 463, 464, 465, 466, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490,
491, 492 VTD: 0003 MOODY MASONIC (Part)
Tract: 0101. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 124,
125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148,
149, 150, 151, 152A, 152B, 152C, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171,
172, 173, 174, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217,
218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233A, 233B, 233C, 234, 235, 236, 237, 238, 239, 240, 241, 242A, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251,
252, 253, 254, 255, 256, 257, 258, 259, 260, 262, 263, 264, 265,
266, 267, 268, 272, 273, 282, 286, 294, 295, 296, 297A, 297B, 301, 302, 303, 304
VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101.
Block(s): 305A, 305B, 305C, 305D, 306 Tract: 0103.
Block(s): 201A, 202, 203A, 204A, 205, 206A, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 220A, 221A, 221B, 221C, 222A, 222B, 223A, 224, 225, 226, 227, 228, 229, 230,
231, 232, 233, 234A, 234B, 235, 236, 237, 238, 239, 240, 251, 252, 254A, 257A
Tract: 0104. Block(s): 125A, 126, 127, 128, 129, 130, 131A, 132A, 132B, 134A, 135A,
136A, 138A, 139A, 140A, 142A, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221,
222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234

WEDNESDAY, MARCH 4, 1992

2041

VTD: 0005 GARDEN CENTER (Part) Tract: 0110. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319 Tract: 0111. Block(s): 207, 208, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231
VTD: 0006 CHURCH LATTERDAY SAINTS (Part) Tract: 0112. Block(s): 101, 102, 103, 104, 105A, 105B, 105C, 105D, 106A, 106B, 106C, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 123C, 124A, 124B, 124C, 124D, 125A, 125B, 125C, 126, 127, 128, 129, 130A, 130B, 130C, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151 Tract: 0113. Block(s): 101A, 101B, 102, 103A, 103B, 103C, 104A, 104B, 105A, 105B, 106A, 106B, 106C, 107A, 107B, 108, 109C, 109D, 112B, 113, 114, 115, 205A Tract: 0114. Block(s): 401A, 401B, 401C
VTD: 0012 FIRST CHRISTIAN CHURCH (Part) Tract: 0111. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 203, 204, 205, 206, 209, 210, 215, 216, 223, 224, 225, 232, 233, 235 Tract: 0112. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320 Tract: 0113. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 412, 413, 414, 415, 416, 417
VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 496, 497
VTD: 0018 NEW COVENANT CHURCH (Part)
Tract: 0101.
Block(s): 278, 279, 280, 281, 283, 284, 285, 287, 288, 289, 290, 291, 292, 293, 305E, 305F, 305G, 305H, 305J, 305K, 305L, 305M, 307,
308
Tract: 0103.
Block(s): 101, 102B, 102C, 103B, 104, 105, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 201J, 201K, 201L, 201M, 203B, 204B, 206B, 206C, 206D, 206E, 206F, 206G, 219B, 220B, 220C, 220D, 220E, 220F, 220G, 221D, 221E, 222C, 222D, 222E, 223B, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D
Tract: 0104.

2042

JOURNAL OF THE HOUSE,

Block(s): 125B, 125C, 131B, 132C, 133, 134B, 135B, 136B, 137, 138B, 139B, 1406, 141, 142B
VTD: 0019 CRAIG RECREATION CENTER (Part) Tract: 0113. Block(s): 109A, 109B, 111A, 112A, 205B, 310, 311, 409, 410, 411, 418, 419, 420
VTD: 0021 REMERTON CITY HALL (Part) Tract: 0113. Block(s): 201, 202, 203, 204A, 204B, 206, 207, 208, 209, 210, 211, 212, 213
VTD: 0022 EVANGEL CATHEDRAL (Part) Tract: 0103. Block(s): 102A, 103A, 241A, 248A, 249, 250, 253A, 253B, 253D, 254B, 255, 256A
District: 178
BROOKS COUNTY VTD: 0001 BARNEY VTD: 0002 BRIGGS (Part) Tract: 9903. Block(s): 226, 227, 230, 231, 233, 234, 235, 264, 265
Tract: 9904.
Block(s): 101, 102, 130, 131, 132, 133, 134, 135, 136, 137
Tract: 9905.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 127, 128,
129 VTD: 0003 DIXIE VTD: 0004 DRY LAKE VTD: 0005 GROOVERVILLE VTD: 0006 HICKORY HEAD VTD: 0007 MORVEN VTD: 0008 WANKIN VTD: 0009 QUITMAN VTD: 0010 TALLOAKS AND WILLIAMS LOWNDES COUNTY VTD: 0005 GARDEN CENTER (Part)
Tract: 0105. Block(s): 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 134, 135
Tract: 0109.
Block(s): 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,
120, 121, 122, 123, 124A, 125, 126, 127, 140, 141, 142, 143,
144, 145
Tract: 0110. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 211, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450
VTD: 0007 LOMAX-PINEVALE VTD: 0013 LOWNDES CIVIC CENTER AND
FORREST PK CHURCH (Part) Tract: 0105.

WEDNESDAY, MARCH 4, 1992

2043

Block(s): 101, 102, 129 Tract: 0106.
Block(s): 302, 303A, 303B, 303C, 304A, 304B, 305, 306, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417
Tract: 0108. Block(s): 104, 105, 106, 109, 110, 111, 112, 113B, 114, 131, 132, 133, 201, 202A, 202B, 202C, 203, 204B, 207, 401B, 434B, 436B
VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 493, 494, 495
VTD: 0019 CRAIG RECREATION CENTER (Part) Tract: 0109. Block(s): 211, 212B, 213, 217B, 218, 219, 220, 221, 222, 223B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,
316, 317, 318, 319, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 347A, 347B, 347C, 348, 349, 350, 351 Tract: 0113.
Block(s): 110, 116A, 117, 401, 402, 403, 404, 405, 406, 407, 408, 421, 422, 423, 424, 425, 426, 427, 501, 502, 503, 504, 505, 506, 507,
508, 509, 510, 511, 512, 513, 514, 515, 516, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 701, 702, 703, 704, 705, 706, 707, 708, 709 Tract: 0114.
Block(s): 306A, 306B, 306C, 307, 308, 417A, 417C, 439, 440A, 440B, 441, 442
THOMAS COUNTY VTD: 0003 BOSTON
District: 179
DECATUR COUNTY VTD: 0001 ATTAPULGUS VTD: 0002 BAINBRIDGE (Part) Tract: 9703. Block(s): 284A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 387, 388, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421A, 421B, 422A, 422B, 423A, 423B, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447 Tract: 9704. Block(s): 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 244, 245, 246, 247, 301A, 301B, 302A, 302B, 302C, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435,

2044

JOURNAL OF THE HOUSE,

436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449 Tract: 9705. Block(s): 238 Tract: 9706. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122, 123, 124, 125, 126, 127, 128, 129, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 232, 403C, 416, 417, 418, 419A, 419B, 420, 421A, 421B, 422A, 422B Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 117, 118, 119, 122, 123, 193, 194 VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9703. Block(s): 144A, 146A, 147A, 157, 158A, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 201A, 202A, 202B, 204A, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 267A, 268, 269, 270A, 271, 272, 273, 274, 275, 276, 277, 278A, 279, 280, 281, 282, 283 VTD: 0005 BELL VTD: 0009 FOWLSTOWN GRADY COUNTY VTD: 0010 DUNCANVILLE VTD: 0015 HIGDON VTD: 0025 MIDWAY (Part) Tract: 9505. Block(s): 325, 326, 327, 328, 329, 333, 334, 424B, 427B, 428, 433, 434, 435 VTD: 0035 RAGAN VTD: 0050 CAIRO 4 VTD: 0055 CAIRO 5 (Part) Tract: 9504. Block(s): 401, 402, 403, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 246, 401, 402, 403, 404, 405, 407, 408, 409, 410, 412, 415, 417, 418, 419, 420, 421, 422, 423, 424A, 425, 426, 436, 437, 438, 439 THOMAS COUNTY VTD: 0002 BALFOUR VTD: 0008 METCALF VTD: 0012 DOUGLAS VTD: 0013 ARMORY VTD: 0015 HARPER VTD: 0016 SUSIE DUNLAP VTD: 0019 JERGER (Part) Tract: 9606. Block(s): 331, 332, 333, 334, 338, 339, 340, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 505, 506 Tract: 9609.

WEDNESDAY, MARCH 4, 1992

2045

Block(s): 101, 102, 103, 104B, 107, 108, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 138, 139, 140, 141, 142, 204, 205, 206, 207, 238, 239, 240, 241, 242, 243, 244
Tract: 9610. Block(s): 304C, 310B, 310E, 311B
District: 180
DECATUR COUNTY VTD: 0002 BAINBRIDGE (Part) Tract: 9701. Block(s): 177, 179, 180, 189, 190, 191, 192, 193 Tract: 9703. Block(s): 436 Tract: 9704. Block(s): 101, 102, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123 Tract: 9705. Block(s): 214, 215, 216, 217, 218, 233, 234 Tract: 9706. Block(s): 401, 402A, 402B, 403B, 419C, 422C VTD: 0007 CLIMAX VTD: 0011 PARKER (Part) Tract: 9701. Block(s): 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 194, 195 Tract: 9705. Block(s): 101, 102, 103
GRADY COUNTY VTD: 0005 BLOWING CAVE VTD: 0020 LIMESINK & SPRINGHILL VTD: 0025 MIDWAY (Part) Tract: 9505. Block(s): 108, 109, 110, 111A, 111B, 111C, 124B, 127B, 128B, 129, 130, 131, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 309B, 309C, 316B, 321, 322B, 323, 324, 335, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349 VTD: 0030 PINEPARK VTD: 0040 SPENCE VTD: 0045 WOODLAND VTD: 0055 CAIRO 5 (Part) Tract: 9504. Block(s): 151A, 301A, 301B, 303A, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322A, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 404, 405, 406, 407, 408, 409, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437 Tract: 9505. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127A, 128A, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 301, 302, 303, 304, 305, 306, 307, 308, 309A, 310, 311, 312, 313, 314, 315, 316A, 317, 318, 319, 320, 322A, 411, 413, 414, 416 VTD: 0060 WHIGHAM
THOMAS COUNTY

2046

JOURNAL OF THE HOUSE,

VTD: 0001 EASTSIDE VTD: 0004 OCHLOCHNEE VTD: 0005 MEIGS VTD: 0006 COOLIDGE VTD: 0007 PAVO VTD: 0009 BARWICK VTD: 0010 ELLABELLE VTD: 0011 MERRIVILLE VTD: 0014 PATTEN VTD: 0017 FAIRGROUNDS VTD: 0018 CENTRAL VTD: 0019 JERGER (Part)
Tract: 9606. Block(s): 507, 508
Tract: 9609. Block(s): 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 327, 328, 329, 330, 331, 332
Tract: 9610. Block(s): 211A, 211B, 304A, 304B, 305A, 307A, 307B, 309A, 310A, 310C, 310D, 311A"

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:

Abernathy Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron
Y Barnett.B N Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd N Campbell
Canty Y Carrell
Y Carter Y Cauthorn

Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings.B Cummings.M
Y Davis.D Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards N Elliott Y Felton
Fennel Y Floyd.J.M Y FloydJ.W Y Flynt Y Godbee Y Golden Y Goodwin
E Green

Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard
Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford N Lawrence Y Lawson YLee YLong

YLord Lucas
YMann Y Martin Y McBee
Y McCoy Y McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag

Y Porter Poston
Y Powell.A N Powell.C
Y Presley Y Purcell
Randall
YRay Y Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith, W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas,N

WEDNESDAY, MARCH 4, 1992

2047

Thurmond Y Titus Y Tolbert Y Townsend

Turnquest Y Twiggs Y Valenti Y Vaughan

Walker.J Walker.L Y Wall Y Watson

Y Watts Y White Y Wilder N Williams.B

Williams,.! Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Henson of the 57th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representatives Tolbert of the 58th, Chambless of the 133rd and Holmes of the 28th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

SB 567. By Senators Walker of the 43rd and Garner of the 30th:
A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office.

The following amendment was read and adopted:
The Committee on Legislative and Congressional Reapportionment moves to amend SB 567 by striking the word "composed" on line 24 of page 1 and inserting in its place the following:
"made up".

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield
Birdsong
Y Blitch Y Bordeaux
Y Bostick Branch
Y Breedlove N Brooks
Y Brown

Y Brush Y Buck
Buckner Y Byrd
Campbell Canty
Y Carrell Y Carter Y Cauthorn N Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Y Coleman Y Colwell
Y Connell Y Culbreth
Cummings.B Cummings.M
Y Davis.D

Davis,G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Felton Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden
Y Goodwin E Green
Y Greene Y Griffin
Y Groover Y Hamilton
Y Hammond

Y Hanner Y Harris.B
Harris,J Y Heard
Henson Y Herbert
Y Holland N Holmes Y Howard
Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
Y King Y Kingston
Y Klein Y Ladd
Y Lane.D Y Lane.R
E Langford

N Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas
Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley
Y Moody Y Morsberger
Y Moultrie Y Mueller
Oliver.C

2048

JOURNAL OF THE HOUSE,

Y Oliver.M
Y Orr Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Pettit
Y Pinholster
Y Pinkston
Y Poag

Y Porter
Poston Y PowelLA Y Powell.C Y Presley Y Purcell
Randall
Y Ray Y Reaves
Redding
Y Ricketson
Y Royal
Y Selman

Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith.T
Y Smith,W Smyre
Y Snow
Y Stancil.F
Y Stancil.S
Stanley

Y Streat
Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond
Y Titus N Tolbert
Y Townsend
Turnquest
Y Twiggs
Y Valenti

Y Vaughan
Walker,,] Y Walker.L Y Wall Y Watson Y Watts
White
Y Wilder Y Williams.B
Williams.J
Y Williams.R
Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 139, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Henson of the 57th 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 Chambless of the 133rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1114.

By Representative McKinney of the 35th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to authorize the creation of additional boards of equalization in each county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census.

The following Committee substitute was read:

A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to authorize the creation of additional boards of equalization in each county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census; to authorize certain municipal corporations to enter into contracts with respect to the assessment, evaluation, and revaluation of ad valorem taxes; to provide for conditions and limitations; to provide for a contingent effective date; to provide for automatic repeal; 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 the creation of county boards of equalization, is amended by striking paragraph (3) of subsection (a) which reads as follows:
"(3) Reserved.", and inserting in its place new paragraphs (3) and (4) to read as follows:
"(3) Notwithstanding any provision of this subsection to the contrary, in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. In addition to the foregoing, any two members of a county

WEDNESDAY, MARCH 4, 1992

2049

board of equalization of the county may decide an appeal from an assessment, notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Code section.
(4) Any municipal corporation which lies in two or more counties of this state is given express authority to contract with the county in which the majority of the population of such municipal corporation resides, to provide for the assessment, evaluation, and revaluation of ad valorem taxes on property which lies in any portion of such municipal corporation located in a county other than the contracting county and to provide for the contracting county to process, hear, and dispose of all administrative appeals of property tax assessments relating to such property. Any municipal corporation which enters into any contract authorized by this paragraph shall obligate itself by such contract to reimburse the contracting county for the actual costs incurred by such county for providing the services described in this paragraph."
Section 2. This Act shall become effective on July 1, 1992; provided, however, that this Act shall only become effective if HB 1117, relating to the repeal of certain provisions authorizing any county in this state having a population of not less than 400,000 nor more than 550,000 according to the United States decennial census of 1970 or any future such census to have additional boards of equalization is passed, becomes law, and becomes effective on or before June 30, 1992; otherwise, this Act shall be void and shall be automatically repealed on July 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and withdrawn:
Representatives Lawson of the 9th, Jackson of the 9th and Orr of the 9th move to amend the Committee substitute to HB 1114 by striking in lines 5 and 19 of page 1 the following:
"400,000",
and inserting the following:
"90,000".

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch

Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless

Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings.B Cummings.M Y Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Dobbs

Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton

Y Hammond Manner
Y Harris.B Harris.J
Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore

2050

JOURNAL OF THE HOUSE,

YKing Y Kingston
Y Klein YLadd
Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin
Y McBee Y McCoy Y McKelvey
McKinney.B

Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver,M Y Orr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote

Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill

Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley
Y Streat Y Taylor Y Teper
Thomas,C Y Thomas.M
Thomas,N Thurmond

Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker ,J Y Walker.L Y Wall Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams,.) Y Williams.R
Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Thomas of the 69th, Henson of the 57th, Harris of the 96th and Poston of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1117.

By Representative McKinney of the 35th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to repeal certain provisions authorizing any county of this state having a population of not less than 400,000 nor more than 550,000 according to the United States decennial census of 1970 or any future such census to have additional boards of equalization.

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

Y Abernathy Y Adams Y Aiken Y Alford
Y Ashe Atkins
Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux
Y Bostick Y Branch
Y Breed love Y Brooks Y Brown Y Brush
Y Buck Y Buckner

YByrd
Y Campbell Canty
Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings.B Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover

Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard
Y Henson Y Herbert Y Holland Y Holmes Y Howard

Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane.R E Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B

Y McKinney.C Y Meadows
Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr
Y Orrock Y Padgett
Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston

WEDNESDAY, MARCH 4, 1992

2051

Y Powell.A Y I'owell.C Y Presley Y Purceil Y Randall
Ray Y Reaves
Redding
Y Ricketson Y Royal

Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith,? Y Smith.T
Y Smith.W Smyre

Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper
Thomas.C
Y Thomas.M Y Thomas,N

Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J Y Walker,L

Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Thomas of the 69th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1118.

By Representative McKinney of the 35th:
A bill to amend an Act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, so as to provide that certain appeals and assessment reviews shall be conducted in the manner specified by general law.

The following Committee substitute was read and adopted:

A BILL
To amend an Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers and duties; to provide for the expenses of said boards to be paid by the county and the city; to provide that this Act shall not extend to property which under the general laws of the State must be returned to the State Revenue Commissioner; to require the county to furnish necessary office space; to repeal conflicting laws, and for other purposes.", approved February 15, 1952 (Ga. L. 1952, p. 2825), as amended, so as to provide that certain appeals and assessment reviews shall be conducted in the manner specified by general law; to repeal certain provisions relating to the board of tax appeals and equalization, assessment review, and authority of such appeals 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 entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers and duties; to provide for the expenses of said boards to be paid by the county and the city; to provide that this Act shall not extend to property which under the general laws of the State must be returned to the State Revenue Commissioner; to require the county to furnish necessary office space; to repeal conflicting laws, and for other purposes.", approved February 15, 1952 (Ga. L. 1952, p. 2825), as amended, is amended by striking Section 11 and inserting in its place a new Section 11 to read as follows:
"Section 11. All appeals from and review of assessments made by the joint board of tax assessors shall be done in accordance with the general laws of the State of Georgia pertaining to appeals and review of assessments."

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Section 2. Said Act is further amended by repealing Sections 12, 13, 14, 16, 17, and 19 in their entirety.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ahernathy Y Adams
Y Aiken Alford
Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris.J

Y Heard Y Henson
Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D
Y Lane.R E Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Mann
Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Oliver.C Y Oliver.M
Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F
Y Stancil.S Stanley Streat
Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder
Y Williams.B William8,J
Y Williams.R 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 1537.

By Representatives Felton of the 22nd and McKinney of the 35th:
A bill to repeal an Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more"; to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making ad valorem tax returns, so as to repeal the provision thereof applicable to counties having therein a city with a population of 350,000 or more.

The following Committee substitute was read and adopted:

WEDNESDAY, MARCH 4, 1992

2053

A BILL
To repeal an Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers and duties; to provide for the expenses of said boards to be paid by the county and the city; to provide that this Act shall not extend to property which under the general laws of the State must be returned to the State Revenue Commissioner; to require the county to furnish necessary office space; to repeal conflicting laws, and for other purposes.", approved February 15, 1952 (Ga. L. 1952, p. 2825), as amended particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2792), an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2801), an Act approved December 21, 1953 (Ga. L. 1953, Nov.Dec. Sess., p. 2769), an Act approved March 7, 1955 (Ga. L. 1955, p. 2824), an Act approved February 23, 1956 (Ga. L. 1956, p. 2567), an Act approved March 9, 1956 (Ga. L. 1956, p. 3361), an Act approved March 17, 1956 (Ga. L. 1956, p. 3466), an Act approved March 13, 1957 (Ga. L. 1957, p. 2924), an Act approved March 13, 1957 (Ga. L. 1957, p. 3303), an Act approved March 25, 1958 (Ga. L. 1958, p. 3390), an Act approved March 17, 1959 (Ga. L. 1959, p. 3112), an Act approved March 17, 1960 (Ga. L. 1960, p. 2860), an Act approved March 17, 1960 (Ga. L. 1960, p. 3146), an Act approved March 6, 1962 (Ga. L. 1962, p. 3162), an Act approved March 4, 1964 (Ga. L. 1964, p. 2423), an Act approved March 10, 1964 (Ga. L. 1964, p. 2562), an Act approved March 27, 1965 (Ga. L. 1965, p. 2736), an Act approved April 12, 1968 (Ga. L. 1968, p. 3709), an Act approved April 10, 1971 (Ga. L. 1971, p. 3390), an Act approved April 10, 1971 (Ga. L. 1971, p. 3799), an Act approved March 28, 1974 (Ga. L. 1974, p. 3607), and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3283); to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making ad valorem tax returns, so as to repeal the provision thereof applicable to counties having therein a city with a population of 350,000 or more according to the United States decennial census of 1970 or any future such census and having a joint city-county board of tax assessors; to repeal Code Section 48-5-312 of the Official Code of Georgia Annotated, relating to the status of ad valorem taxes subject to review in counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census and in municipalities located wholly or partially within such counties having a population of 350,000 or more according to the United States decennial census of 1970 or any future such census; to provide for transitional provisions when joint city-county boards of tax assessors are abolished; to provide for the transfer of employees and for related matters; to provide for the transfer of membership in pension plans for employees so transferred and for related matters; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers and duties; to provide for the expenses of said boards to be paid by the county and the city; to provide that this Act shall not extend to property which under the general laws of the State must be returned to the State Revenue Commissioner; to require the county to furnish necessary office space; to repeal conflicting laws, and for other purposes.", approved February 15, 1952 (Ga. L. 1952, p. 2825), as amended particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2792), an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2801), an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2769), an Act approved March 7, 1955 (Ga. L. 1955, p. 2824), an Act approved February 23, 1956 (Ga. L. 1956, p. 2567), an Act approved March 9, 1956 (Ga. L. 1956, p. 3361), an Act approved March 17, 1956 (Ga. L. 1956, p. 3466), an Act approved March 13, 1957 (Ga. L. 1957, p. 2924), an Act approved March 13, 1957

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(Ga. L. 1957, p. 3303), an Act approved March 25, 1958 (Ga. L. 1958, p. 3390), an Act approved March 17, 1959 (Ga. L. 1959, p. 3112), an Act approved March 17, 1960 (Ga. L. 1960, p. 2860), an Act approved March 17, 1960 (Ga. L. 1960, p. 3146), an Act approved March 6, 1962 (Ga. L. 1962, p. 3162), an Act approved March 4, 1964 (Ga. L. 1964, p. 2423), an Act approved March 10, 1964 (Ga. L. 1964, p. 2562), an Act approved March 27, 1965 (Ga. L. 1965, p. 2736), an Act approved April 12, 1968 (Ga. L. 1968, p. 3709), an Act approved April 10, 1971 (Ga. L. 1971, p. 3390), an Act approved April 10, 1971 (Ga. L. 1971, p. 3799), an Act approved March 28, 1974 (Ga. L. 1974, p. 3607), and by an Act approved April 6, 1981 (Ga. L. 1981, p. 3283), is repealed in its entirety.
Section 2. Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making ad valorem tax returns, is amended by repealing subsection (i) which reads as follows:
"(i) In all counties having therein the greater part of a city having a population of more than 350,000 according to the United States decennial census of 1970 or any future such census and having a joint city-county board of tax assessors, the officers authorized to receive tax returns for all such cities and counties shall open their books for the return of taxes on January 2 of each year and shall close them on March 1 of each year.", in its entirety and substituting in lieu of said repealed subsection the following:
"(i) Reserved."
Section 3. Code Section 48-5-312 of the Official Code of Georgia Annotated, relating to the status of ad valorem taxes subject to review in counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census and in municipalities located wholly or partially within such counties having a population of 350,000 or more according to the United States decennial census of 1970 or any future such census, which reads as follows:
"48-5-312. (a) This Code section shall apply only in those counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census and in municipalities lying wholly or partially within such counties when the municipalities have a population of 350,000 or more according to the United States decennial census of 1970 or any future such census.
(b) No county or municipal ad valorem taxes which are the subject of any arbitration, equalization, or other procedure allowed by law for the review of ad valorem tax liability shall be considered delinquent or past due pending the determination of the tax liability; but the taxpayer in any such case shall first pay to the county or municipality to which the taxes are due the amount of taxes which would be due if the assessed valuation of the taxable property were the same as that determined for the prior tax year or shall pay the amount of taxes which would be due on the portion of assessed valuation which is not in dispute, whichever is greater. A taxpayer within ten days of receipt of a tax notice may petition the superior court of the county in which the return was made or the superior court of the county in which the major portion of the municipality lies, as the case may be, to determine a lower amount to be paid to the county or municipality under this subsection upon a showing that the value of the taxable property has suffered a sudden, substantial drop due to fire, storm, earthquake, or other similar casualty.
(c) This Code section shall be cumulative of and supplemental to any laws of this state relative to interest on past due ad valorem taxes or to penalties on delinquent ad valorem taxes of the counties and municipalities subject to this Code section and shall not be construed to repeal any such laws.", is repealed in its entirety and the following is substituted in lieu of said repealed Code section:
"48-5-312. (a) As used in this Code section, the term 'joint city-county board of tax assessors' means any joint city-county board of tax assessors which has been created pursuant to a local constitutional amendment which was continued pursuant to Article XI, Section I, Paragraph IV(a) of the Constitution.

WEDNESDAY, MARCH 4, 1992

2055

(b) Upon the abolition of any joint city-county board of tax assessors, all physical facilities, obligations, debts, assets, books, papers, records, causes of action, rights, and other real or personal property of such board shall be transferred to a board of tax assessors, established pursuant to general law, of the largest county for which that joint board performed tax assessment functions. The records of such joint city-county board of tax assessors relating to the taxation and assessment of property located in any other county shall be made available to the board of tax assessors of that other county.
(c) Any county and any tax commissioner thereof which had previously collected ad valorem taxes based upon assessments or reassessments made by a joint city-county board of tax assessors which is abolished after 1991 shall not collect ad valorem taxes for taxable year 1993 or any subsequent year unless there has been established for such county, according to the general laws of this state, a board of tax assessors and a board of equalization and unless those taxes are based upon assessments or reassessments made by the county board of tax assessors so established by general law.
(d) Persons who are full-time permanent employees of any joint city-county board of tax assessors which is abolished shall have the right to enter the employment of the county board of tax assessors established pursuant to general law without any lapse or hiatus in their employment, as provided in this subsection. No employee transferred to the county board of tax assessors pursuant to this subsection shall suffer a decrease in salary, accumulated vacation or sick leave, or other rights as a result of being transferred. All transferred employees shall be assigned by the county board of tax assessors to positions of employment similar to those occupied by the employee with the joint city-county board of tax assessors. The first six months of employment of any employee so transferred shall be a probationary period, and such employee shall be subject to disciplinary action, including discharge without cause. After being employed for a period of six months, all such employees shall be covered by, protected by, and subject to the civil service laws and regulations of the county. For any purpose involving seniority or requiring computation of the period of employment, the former employment with the joint city-county board of tax assessors shall be given the same effect as employment with the county government. Nothing in this subsection shall affect the power of the chief administrative officer of the county board of tax assessors or other duly authorized officer to dismiss employees for grounds set forth in existing laws and regulations.
(e) All creditable service to which an employee of a joint city-county board of tax assessors is entitled on the date of his transfer to the county board of tax assessors shall be transferred to the pension fund covering employees of such county board of tax assessors, subject to the provisions of this subsection. Within 30 days from the date such employee is transferred, the secretary of the pension fund of the former employer shall certify to the secretary of the pension fund of the new employer the total number of years of service, including parts of years, accrued to the credit of each such employee; the amount due such pension fund by each such employee for such credit, if any; the amount of accumulated employee contributions; and the amount of employer matching contributions. Said secretary shall transfer all funds contributed by said employee, together with all employer matching contributions, to the secretary of the pension fund of the new employee. In the event that such employee owes any sum for prior service credits, said sum shall be payable by such employee to the pension fund of the new employer. In the event that any employee has withdrawn any amounts contributed by him to the pension fund of his former employer, the certification of the secretary of such pension fund shall indicate the amount of such contribution withdrawn and the amount of funds transferred to the secretary of the pension fund of the new employer shall not include such amounts withdrawn by the employee. Such withdrawn amounts shall be payable by the employee to the pension fund of the new employer upon his transfer or at the option of the board of trustees of the pension fund of the new employer. Such payment may be deferred and paid in equal installments over a period of 60 months with interest at the rate of 7 percent per annum. Upon the date of transfer, the transferred employee shall become a member of the pension fund of his new employer and
shall have his rights and obligations determined in accordance with the most recent
amendments to such pension fund but shall be entitled to receive no less benefits from

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such pension fund than he would have been entitled to receive under the most recent amendments to the pension fund of his former employer on the day prior to his transfer. Upon such certification and transfer of funds, as provided in this subsection, such employee shall become entitled to credit for all years of service which may have accrued to him with his former employer to the same extent as if such service had been rendered to his new employer, without the payment of additional contributions, other than amounts previously due for prior service credits or amounts due for withdrawn contributions. The funds transferred in accordance with the above provisions shall become the property of the pension fund of the new employer."
Section 4. This Act shall become effective on January 1, 1993.
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 Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bales Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner
Y Byrd Y Campbell
Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings,B Cummings.M Y Davis.D Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Manner Y Harris.B
Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Jackson Jamieson Y Jenkins Y Jones Y Kilgore Y King
Y Kingston Y Klein Y Ladd
Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Y Long Y Lord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston Y Poag
Porter Y Poston Y Powell.A Y Powell.C Y Presley
Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Skipper Y Smith,!, Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Streat
Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert
Y Townsend Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R
Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker Pro Tern assumed the Chair.

By unanimous consent, HB 1114 was ordered immediately transmitted to the Senate.

By unanimous consent, HB 1117 was ordered immediately transmitted to the Senate.

WEDNESDAY, MARCH 4, 1992

2057

By unanimous consent, HB 1118 was ordered immediately transmitted to the Senate.

By unanimous consent, HB 1537 was ordered immediately transmitted to the Senate.

HB 1661.

By Representatives Carrell of the 65th, Lee of the 72nd, Childers of the 15th, Walker of the 115th, Edwards of the 112th and others:
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 certain actions which may be taken by the department against licensees.

The following Committee substitute was read and adopted:

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 certain actions which may be taken by the department against licensees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking subsection (c) of Code Section 31-2-6, relating to departmental actions and applicants and licensees, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) When the department finds that any applicant or licensee has violated any provisions of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions:
(1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action;
(2) Administer a public reprimand to be posted in the facility only, for a period of 60 days;
(3) Suspend any license, permit, registration, or commission for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;
(4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity;
(5) Revoke any license; (6) Impose a fine, not to exceed a total of $26,000.00 $18,750.00, of up to $1,000.00 $750.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity, except that no fine may be imposed against any nursing facility, nursing home, or intermediate care facility which is subject to intermediate sanctions under the provisions of 42 U.S.C. Section 1396r (h)(2)(A), as amended, whether or not those sanctions are actually imposed; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public."

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Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1816.

By Representatives Watson of the 114th and Walker of the 115th:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to change the provisions relating to utilization of the courthouse or courthouse annex in certain counties as a registrar's office or place of registration for the purpose of receiving absentee ballots; to change certain population brackets.

The report 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 1633.

By Representatives Alford of the 57th and Pettit of the 19th:
A bill to amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission, so as to provide that the jurisdiction of the Public Service Commission shall not extend to persons or companies engaged in the retail sale of natural gas to the public for use as a fuel in motor vehicles.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission, so as to provide that the jurisdiction of the Public Service Commission shall not extend to persons or companies who are engaged in the retail sale of natural gas to the public for use as a fuel in motor vehicles and who are not otherwise subject to the authority and jurisdiction of the 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. Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission, is amended by adding at the end thereof a new subsection (j) to read as follows:
"(j) Notwithstanding any other provision of law, the authority and jurisdiction of the commission shall not extend to persons or companies who are engaged in the retail sale of natural gas to the public for use as a fuel in motor vehicles and who are not otherwise subject to the authority and jurisdiction of the commission."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 4, 1992

2059

The report of the 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 Abernathy Y Adams Y Aiken Y Alford
Ashe Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings,B Cummings,M Y Davis.D Davis.G Y Davis.M
Y Dixon.H Dixon.S Dobbs
Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Ployd,J.M Y FloydJ.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller
01iver,C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter .
Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
Y Ray Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil,F
Y StanciLS Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ
Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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.

Representative Poston of the 2nd 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 874. By Representatives Mann of the 6th, Poag of the 3rd and Griffin of the 6th:
A resolution recognizing Rear Admiral Mack C. Gaston, USN, and designating the Admiral Mack Gaston 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 roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford
Ashe Y Atkins

Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux

Y Bostick Y Branch
Y Breedlove Brooks
Y Brown
Brush

Y Buck Y Buckner Y Byrd Y Campbell
Canty Carrell

2060
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childera Y Clark.E Y Clark.L Y Coker Y Culeman Y Colwell
Connell Y Culbreth
Curnmings,B Cummings,M Y Davis.D Y Davis.G Y Davis.M Dixon.H Dixon,S Y Diibbs Y Dover Y Dunn Y Edwards Y Klliott Y Felton Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt

JOURNAL OF THE HOUSE,

Y Godbee Golden
Y Goodwin E Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D

Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Mann
Martin Y McBee
Y McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham

Y Parrish
Y Patten Y Pelote Y Perry Y Pettit
Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley
Y Purcell Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith, W Smyre

Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert
Y Townsend Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker.J
Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J
Y Williams.R Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 144, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1660. By Representatives Balkcom of the 140th, Floyd of the 154th and Godbee of the 110th:
A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to seafood, so as to establish possession limits for certain fish; to require that certain fish be landed with the head and fins intact.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to seafood, so as to establish possession limits for certain fish; to require that certain fish be landed with the head and fins intact; to prohibit the transfer at sea of certain fish; 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 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to seafood, is amended by striking in its entirety Code Section 27-4-130.1, relating to open seasons, creel limits, and minimum size limits for certain fish, and inserting in lieu thereof the following:
"27-4-130.1. (a) After October 1, 1989, it shall be unlawful to take the following salt-water finfish species at any time during the periods set forth below:

WEDNESDAY, MARCH 4, 1992

2061

Closed Season

(1) Spanish mackerel (2) King mackerel (3) Cobia (4) Red snapper (5) Gag grouper (6) Amberjack (7) Black sea bass (8) Bluefish (9) Sheepshead (10) Sailfish (11) Blue marlin (12) White marlin (13) Tarpon (14) Atlantic sturgeon (15) Spotted sea trout (16) Red drum (17) Dolphin

December 1 March 15 No closed season December 1 March 15 No closed season No closed season January 1 March 15 No closed season December 1 March 15 No closed season No closed season No closed season No closed season December 1 March 15 July 1 December 31 No closed season No closed season No closed season

(b) The board shall establish open seasons and creel and possession limits within the maximums specified in this subsection and shall establish minimum sizes within the range specified in this subsection; and after October 1, 1989, it shall be unlawful to take the following salt-water finfish species at any time except during the open seasons so established for such species and or to take or possess the following salt-water finfish spe cies except in accordance with the creel and possession limits and minimum sizes so established for such species:

Maximum Open
Season

Maximum And
Possession Limit

Range of Minimum
Sizes

(1) Spanish

Mar. 16 Nov. 30

40

10 18

mackerel

inches

(2) King mackerel

All year

15

15 35

inches

(3) Cobia

Mar. 16 Nov. 30

10

20 40

inches

(4) Red snapper

All year

20

12 20

inches

(5) Gag grouper

All year

20

12 20

inches

(6) Amberjack

Mar. 16 Dec. 31

10

20 50

inches

(7) Black sea bass

All year

No limit

8 15 inches

(8) Bluefish

Mar. 16 Nov. 30

25

12 20

inches

(9) Sheepshead

All year

50

8 16

inches

2062

JOURNAL OF THE HOUSE,

(10) Sailfish

All year

5

50 80

inches*

(11) Blue marlin

All year

5

75 90

inches*

(12) White marlin

All year

5

55 80

inches*

(13) Tarpon

Mar. 16 Nov. 30

5

20 40

inches

(14) Atlantic sturgeon

Jan. 1 June 30

5

24 86

inches

(15) Spotted sea trout

All year

25

12

inches

(16) Red drum

All year

25

14

inches

(17) Dolphin

All year

15

12 24

inches

*lower jaw-fork length

(c) In accordance with current sound principles of wildlife research and management and the factors thereof set out in subsection (a) of Code Section 27-4-130, the board is authorized to promulgate rules and regulations establishing open seasons, creel and pos session limits, and minimum size limitsz and possession and landing specifications on a state-wide, regional, or local basis as provided in subsection subsections (b) and (f) of this Code section.
(d) In accordance with current sound principles of wildlife research and management and the factors thereof set out in subsection (a) of Code Section 27-4-130, the board is authorized to promulgate rules and regulations to prohibit the sale of any or all of the salt-water finfishes from subsection (b) of this Code section.
(e) Nothing in this Code section shall prohibit those individuals fishing with a valid commercial federal permit in federal waters from exceeding the creel limit and posses sion limits, provided that the waters are open for commercial fishing with specified gear and said individual complies with the minimum sizes as set by the board and provided, further, that the board has not prohibited the sale of the species. If deemed necessary by the board, a trawl fishery bycatch of below minimum-sized fish of certain species may be allowed.
(f) All fish subject to minimum size and creel and possession limits pursuant to sub section (b) of this Code section may be possessed in state waters or landed only with the head and fins intact. It shall be unlawful to transfer at sea in state waters from a fishing vessel to any other vessel or person any fish caught which are subject to the creel and possession limits and minimum size limits pursuant to subsection (b) 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 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 Abernathy Y Adams Y Aiken

Alford Ashe Y Atkins

Baker Y Balkcom Y Barfoot

Y Bargeron Y Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield

WEDNESDAY, MARCH 4, 1992

2063

Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner
Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M

Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Y Hanner Y Harris.B
Y HarrisJ Heard
Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing N Kingston Y Klein
Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long
Lord Lucas Y Mann Martin Y McBee Y McCoy Y McKelvey McKinney,B Y' McKinney,C Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller

Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Skipper Y Smith.L Y Smith.P

Smith.T Y Smith,W
Smyre Y Snow
Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker,!,
Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams,R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Ladd 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.

HB 1667.

By Representatives Smith of the 152nd, Murphy of the 18th, Coleman of the 118th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the manner of disposing of certain prop erty or interests therein which were acquired by any county or municipality for lake purposes but which property or interests are no longer needed for 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' Abernathy Y Adams Y Aiken
Y Alford Ashe
Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M
Y Bates

Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Brush Y Buck Y' Buckner

Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn
Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L
Y Coker

Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover

Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green
Y Greene

2064

JOURNAL OF THE HOUSE,

Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore
King Y Kingston
Y Klein

Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Y Moody

Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston
Powell.A Y Powell.C Y Presley
Y Purcell

Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Skipper 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 Streat Y Taylor
Y Teper

Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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.

HR 543.

By Representatives Cummings of the 17th, Kilgore of the 42nd, Selman of the 32nd, Herbert of the 76th, Connell of the 87th and others: A resolution relative to the expiration of earned credit hours at institutions of the University System of Georgia.

The following amendment was read and adopted:

The Committee on the University System of Georgia moves to amend HR 543 as fol lows:
Page 2, line 11 change "1992" to "1993".

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks

Y Brown Y Brush Y Buck Y Buckner Y Byrd
Y Campbell Canty
Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings.B

Y Cummings,M Y Davis.D Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Dobbs
Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green N Greene
Y Griffin

Y Groover Y Hamilton Y Harnmond Y Hanner Y Harris.B
Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston
Y Klein

Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence
Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann
Martin N McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley

WEDNESDAY, MARCH 4, 1992

2065

Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry

Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Y Redding

Y Ricketson Y Royal N Selman Y Sherrill Y Simpson Y Sinkfield
Skipper 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 Streat
Taylor Y Teper
Thomas.C Y Thomas.M
Thomas, N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs

Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 155, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1084.

By Representatives Poston of the 2nd, Snow of the 1st, McCoy of the 1st, Poag of the 3rd and Perry of the 5th:
A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to authorize the district attorney of said circuit to hire assistant district attorneys, secretaries, and paraprofessionals.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks N Brown Y Brush Y Buck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chai'in Y Chambless Y Cheeks N Childers

Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flvnt Y Godbee Y Golden Y Goodwin E Green Y' Greene Y Griffin Y Groover Y Hamilton
Y Hammond Manner
Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y' Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann
Martin Y McBee Y McCoy N McKelvey
McKinney,B McKinney,C Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 152, nays 3.

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas, M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Wall Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

2066

JOURNAL OF THE HOUSE,

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

By unanimous consent, HB 1084 was ordered immediately transmitted to the Senate.

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

HB 1914.

By Representative Clark of the 13th: A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Anno tated, relating to used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers, so as to revise certain provisions relating to the powers and duties of the board; to revise provisions relating to registra tion, licenses, and inspections.

The Speaker assumed the Chair.

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

HB 1624.

By Representatives Pettit of the 19th, Watson of the 114th, Herbert of the 76th and Flynt of the 75th: A bill to amend Chapter 6 of Title 46 of the Official Code of Georgia Anno tated, relating to radio common carriers, so as to provide an exception to the establishment of competing or duplicative radio utility service in an estab lished area.

The following Committee substitute was read and adopted:

A BILL To amend Chapter 6 of Title 46 of the Official Code of Georgia Annotated, relating to radio common carriers, so as to provide clarification regarding the termination of radio utility service outside of an established service area; to provide procedures for such termi nation; 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 6 of Title 46 of the Official Code of Georgia Annotated, relating to radio common carriers, is amended by striking Code Section 46-6-8, relating to estab lishment of competing or duplicative radio utility service, and inserting in lieu thereof the following: "46-6-8. (a) The commission shall not grant a certificate for the establishment of a proposed radio utility operation in or an extension of an existing service area into an established service area, which proposed operation or extension will be in competition with or duplicate the service of any other radio utility unless the commission first deter mines both (1) that the existing certificated radio utility is unwilling or unable to meet the reasonable needs of the public, and (2) that the person operating the same is unable to or refuses or neglects, after hearing on reasonable notice, to provide reasonably ade quate service; provided, however, nothing contained in this Code section shall be con strued as prohibiting a radio utility from terminating service for its own subscribers in other established service areas, either through its own facilities or those of others in accordance with subsection (b) of this Code section. In no event shall a radio utility offer, allow, or construct facilities for, the origination of service, whether by dedicated facilities, '800' numbers, foreign exchange lines, or other inter-LATA toll-free, local

WEDNESDAY, MARCH 4, 1992

2067

access, or other means, outside its established service area. Service shall be deemed to originate at the location of the calling party at the time the call is made.
(b) Any radio utility seeking to terminate service for its own subscribers in other ser vice areas pursuant to this Code section shall do so only in the following manner:
(1) Through interconnection with or use of facilities of the existing certificated radio utility, subject to mutual agreement and consent of both radio utilities; or
(2) Through its own facilities, provided that said facilities are capable of only ter minating and not originating service outside the utility's established service area, and the commission finds, after notice and hearing, that the construction and operation of the specific facilities to be constructed and operated by the utility in such other ser vice areas are or will be required by the present or future public convenience and necessity." 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Y' Balkcom Y Barfoot Y' Bargeron
Y Harriett.B Y Barnett.M Y Bates Y Beattv Y Benefield Y Birdsong Y Blitch Y" Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush
Y Buck Y Buckner Y Byrd
Y Campbell Canty
Y Carrell Y Carter
Y Cauthorn Y Chafin
Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings,B
Y Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon,S Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y" Groover Y Hamilton Y Hammond Hanner Y Harris.B Y Harris,,]

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D
Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y7 Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Meadows' Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller
Oliver.C Oliver.M Y Orr Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
Y Ray Y Reaves
Redding Y' Ricketson Y Royal Y" Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Sm th,P YSm th,T
Sn h.VV Y Sm Y Sm Y Stancil.F
Y Stancil,S Y Stanley Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L
Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,,! Y Williams.R \' Y'eargin
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 substi tute.

HB 1642.

By Representatives Streat of the 139th, Jenkins of the 80th, Walker of the 113th, Ray of the 98th and Holland of the 136th: A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Anno tated, the "Georgia Fire Sprinkler Act," so as to provide for an order to cease and desist violation of rules and regulations; to provide for revocation of a new certificate of competency; to provide additional grounds for revocation or suspension of a certificate of competency.

2068

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch
Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Brush Y Buck
Buckner Byrd Campbell Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker N Coleman Y Colwell Y Connell N Culbreth
Cummings.B Y Cummings.M
Davis.D Y Davis.G Y Davis.M N Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Fennel Y Floyd.J.M Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Hamilton Y Hammond Manner Y Harris.B Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D N Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long
Lord Y Lucas Y Mann Y Martin N McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C
Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 140, nays 8. The Bill, having received the requisite constitutional majority, was

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat
Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Williams.R Y Yeargin Murphy ,Spkr

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration:

HB 1580.

By Representatives Orrock of the 30th, Mills of the 20th and Oliver of the 53rd: A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Anno tated, relating to podiatrists, so as to provide that certain undertakings will constitute the practice of podiatry.

The following amendment offered by Representative Dunn of the 73rd, previously read, was again read and withdrawn:

Representative Dunn of the 73rd moves to amend HB 1580 as follows: Delete the words "or physical evaluation" on line 16.

The following amendment was read and adopted:

Representative Dunn of the 73rd moves to amend HB 1580 as follows:

WEDNESDAY, MARCH 4, 1992

2069

On line 13 delete the words "within the meaning" and insert the following before the word "of":
"as defined in Code Section 43-35-1". On line 18 delete the words "appropriate to" and insert the following: "necessary for". Delete line 18 after the word "the" and delete line 19. On line 18 after the word "the" add the following: "treatment of disease, ailments, injuries, or abnormal conditions of the human foot or leg."

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M
Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel FloydJ.M Y Floyd.J.W Y Flynt N Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Y HarrisJ

Y Heard Y Henson N Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane,R E Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham
Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley N Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M
Thomas.N Thurmond Y Titus Y Tolbert N Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 150, nays 5. The Bill, having received the requisite constitutional majority, was passed, as amended.

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

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HB 1613. By Representative Jenkins of the 80th: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications for and eligibility to hold the office of sheriff.

The following Committee substitute was read and adopted:

A BILL To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions applicable to sheriffs, so as to change certain provi sions relating to qualifications for and eligibility to hold the office of sheriff; to repeal certain provisions which provide additional qualifications for the office of sheriff on and after January 1, 1980; to change the provisions relating to the training session required of newly elected sheriffs; to change certain provisions relating to the power of a sheriff to make arrests when the sheriff has not completed the required annual training; 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 16 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions applicable to sheriffs, is amended by striking in its entirety Code Section 15-16-1, relating to qualifications and training requirements applica ble to sheriffs, and inserting in lieu thereof a new Code Section 15-16-1 to read as follows: "15-16-1. (a) Intent. The General Assembly declares it to be in the best interests of the citizens of this state that qualifications and standards for the office of sheriff be determined and set so as to improve both the capabilities and training of those persons who hold the office of sheriff. With the increase of crime continuing as a major social problem in this state and with the understanding that the sheriff is the basic law enforcement officer of the several counties of this state, it is declared to be the intent of the General Assembly that proper qualifications and standards be required of the per son holding the office of sheriff so as to increase the effectiveness and capabilities of the several sheriffs of this state as law enforcement officers to combat crime. (b) General requirements. Except as otherwise provided in this Code section, sheriffs are elected, qualified, commissioned, hold their offices for the same term, and are sub ject to the same disabilities as the clerks of the superior courts. (c) Qualifications.
(1) No person shall be eligible to hold the office of sheriff unless he: (A) Is a citizen of the United States; (B) Has been a resident of the county in which he seeks the office of sheriff for
at least two years immediately preceding the date of the election for sheriff; (C) Is a registered voter; (D) Has attained the age of at least 25 years prior to the date of his qualifying
for election to the office; (E) Has obtained a high school diploma or its recognized equivalent in educa
tional training as established by the Georgia Peace Officer Standards and Training Council;
(F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a conviction of homicide by vehicle which occurred prior to January 1, 1965, and which did not involve the offense of driving a motor vehicle under the influence of alcohol or drugs shall not be considered a conviction under this subparagraph if such convicted person has received a pardon for such offense;
(G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the

WEDNESDAY, MARCH 4, 1992

2071

direction of the judge of the probate court and must be taken on or before, but no later than, the close of qualification for election to the office of sheriff;
(H) Gives a complete history of his places of residence for a period of six years immediately preceding his qualification date, giving the house number or RFD num ber, street, city, county, and state; and-
(I) Gives a complete history of his places of employment for a period of six years immediately preceding his qualification date, giving the period of time employed and the name and address of his employer; and ^
(J) Is a certified peace officer, as defined in Chapter 8 of Title 35, within six months after taking office. (2) Each person offering his candidacy for the office of sheriff shall, within 60 days prior to or at the time he qualifies:
(A) File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his birth certificate and a certified copy of his high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Coun cil; and
(B) Swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he has, meets, or will meet by the date of the election all of the qualifications required by this subsection and that he has complied with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of qualification for election to the office of sheriff. (4) Additional qualifications. F-re and after January -, 1080, ne person shall fee elt-
subscction {e} ef this Code section, that person:
months after taking office; 42) Poaacoacs a two year degree or its equivalent frem a college er university; \fj~) rtfls two ycsrs ot college &t two ycflrs experience m tfte iftw ditorccmefltt ticicij
or (4) Has two years ef- educational training in the law enforcement field.
(e) (d) Training session. From and after January 1, 1980, every newly elected sheriff in his first term shall be required to complete a training session of no less than six four weeks, to be conducted by any academy certified by the Georgia Peace Officer Stan dards and Training Council and as may be selected by the Georgia Sheriffs' Association. This training shall be completed during the first calendar year of the first term of the newly elected sheriff's term of office. Any newly elected sheriff who is unable to attend this training course when offered because of medical disability or providential cause shall, within one year from the date such disability or cause terminates, complete the standard basic course of instruction required of police officers. Any newly elected sheriff who does not fulfill the obligations of this subsection shall lose his power of arrest.
41} (e) (1) Annual training. From and after January 1; 1080 July 1^ 1992, no person shall be eligible to hold the office of sheriff unless he attends a minimum of 20 hours' training annually as may be selected by the Georgia Sheriffs' Association.
(2) The basis for the minimum annual requirement of in-service training shall be the calendar year. Sheriffs who satisfactorily complete the basic course of training in accordance with the provisions of this chapter after April 1 in any calendar year shall be excused from the minimum annual training requirement for the calendar year dur ing which the basic course is completed.
(3) A waiver of the requirement of minimum annual in-service training may be granted by the Georgia Peace Officer Standards and Training Council, in its discre tion, upon the presentation of evidence by a sheriff that he was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council.
(4) Any person who fails to complete the minimum annual in-service training required under this Code section and who has not received a waiver of such require ment pursuant to paragraph (3) of this subsection shall not perform any of the duties

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of sheriff involving the power of arrest until such training shall have been successfully completed; irrespective ef- any waiver which y be granted. In addition, the Governor may suspend from office without pay for a period of 90 days any sheriff who fails to complete the minimum annual in-service training required under this Code section. The probate judge of the county of the sheriffs residence shall appoint a person who meets the qualifications for sheriff pursuant to this Code section to assume the duties and responsibilities of the office of sheriff during any such period of suspension. {g} (f) Exemption. The requirements of subparagraphs (c)(l)(D), (c)(l)(E), and (c)(l)(H) of this Code section and the requirements of subsections subsection (d) and {e) of this Code section shall be deemed to have been met by any person who shall have served as a duly qualified and elected sheriff of one of the several counties of this state for a period of two years." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee YLong Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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.

WEDNESDAY, MARCH 4, 1992

2073

HB 1646.

By Representative Dunn of the 73rd: A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, so as to provide for the filing of rate modifications on individual accident and sickness poli cies with the Commissioner of Insurance; to provide for the filing of loss ratio guarantees with the Commissioner.

The following Committee substitute was read and adopted:

A BILL To amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide for the filing of rate modifi cations on individual accident and sickness policies with the Commissioner of Insurance; to provide for the filing of loss ratio guarantees with the Commissioner; to provide mini mum contents of the loss ratio guarantees; to provide for applicability; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, is amended by inserting at the end thereof a new Code Section 33-29-19 to read as follows: "33-29-19. (a) This Code section shall apply only to the filing of rate modifications for individual accident and sickness policies which provide for an optional loss ratio guarantee. (b) As used in this Code section, the term:
(1) 'Expected loss ratio' in an experience period means the ratio of: (A) the sum of expected claims in the experience period for each year of issue, based on the corre sponding loss ratio standards as recited in accordance with paragraph (1) of subsection (c) of this Code section, to (B) the earned premium in the experience period.
(2) 'Loss ratio' means the ratio of incurred claims to earned premium. (b) Rate modification on individual accident and sickness policies which provide for an optional loss ratio guarantee must be filed with the Commissioner prior to implemen tation. (c) At the time of filing new premium rates on any previously approved form for individual accident and sickness insurance policies which provide for an optional loss ratio guarantee, the benefits provided by the policies shall be deemed reasonable as to the premium charged so long as the insurer complies with the terms of a loss ratio guar antee filed with the Commissioner. The loss ratio guarantee shall be in writing and shall include at least the following:
(1) A recitation of the loss ratio standards included in the original actuarial memo randum filed with the policy form at the time of the initial approval of the policy form. Such loss ratio standards must be given for each of the first ten years after issue;
(2) A guarantee that the actual loss ratios in this state for each experience period will meet or exceed the expected loss ratio in the experience period. If the annual earned premium volume in this state under a policy form is less than $1 million, the loss ratio guarantee shall be based on the actual loss ratio for the aggregate of states having less than $1 million of earned premium for the policy form. If such aggregate annual earned premium is less than $1 million, the experience period shall be extended until the end of the calendar year in which $1 million of earned premium is attained;
(3) A guarantee that the actual loss ratio results for each calendar year the rates are in effect shall be independently audited during the second quarter of the following year at the expense of the insurer. The audited results shall be reported to the Com missioner no later than the date for filing the applicable accident and sickness policy experience exhibit. The Commissioner may disapprove the audit for reasonable cause;

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JOURNAL OF THE HOUSE,

(4) A guarantee that affected policyholderjs in this state shall be issued a refund proportional to premiums paid in an amount such that when added to incurred claims will bring the actual loss ratio up to the expected loss ratio in the experience period. If aggregate loss ratios are used, the total amount refunded in this state shall equal the dollar amount necessary to achieve the loss ratio standards multiplied by the total premium earned in this state on the policy form and divided by the total premiums earned in all aggregated states on the policy form. The refund shall be made to all policyholders insured under the applicable policy form as of the last day of the appli cable experience period and whose individual refund would equal $10.00 or more. The refund shall include interest at the maximum interest rate permitted by law in the valuation of whole life insurance issued on the last date of the applicable experience period calculated from the last day of the applicable experience period until the date of payment, which shall be during the third quarter of the following year; and
(5) A guarantee that refunds of less than $10.00 shall be aggregated by the insurer and paid to the Insurance Department."
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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner Y Bvrd
Y Campbell Canty
Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Y Davis.D Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B
Harris.J

Y Heard Henson
Y Herbert Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein
Ladd Y Lane.D
Y Lane.R E Langford Y Lawrence
Y Lawson YLee YLong YLord
Lucas Y Mann
Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows
Y Merritt Y Milam

Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker J
Walker.L Y Wall
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

WEDNESDAY, MARCH 4, 1992

2075

Representatives Henson of the 57th, Harris of the 96th and Ladd of the 44th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1779.

By Representatives Taylor of the 94th, Thurmond of the 67th and Harris of the 96th: 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 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 dedicated and set apart by a county or municipal governing authority as a park, playground, or recreation center.

The following amendment was read and adopted:

Representative Baker of the 51st moves to amend HB 1779 as follows: Insert a new subparagraph "(b)" on page 2 to read as follows: (b) It shall be unlawful for any person to manufacture, distribute, dispense, or pos sess with intent to distribute a controlled substance or marijuana or a counterfeit sub stance in, on, or within 1,000 feet of any real property of any publicly owned or publicly operated housing project, unless the manufacture, distribution, or dispensing is otherwise allowed by law. For the purposes of this Code section, the term "housing project" means any facilities under the jurisdiction of a housing authority which constitute single or multifamily dwelling units occupied by low and moderate-income families pursuant to Chapter 3 of Title 8. - and redesignate the current subparagraph "(b)" on page 2 as "(c)".

The following amendment was read and adopted:

Representative Baker of the 51st moves to amend HB 1779 as follows: Strike the period on line 27 of page 1 behind the word "purposes" and insert the fol lowing: , unless the manufacture, distribution, or dispensing is otherwise allowed by law.

The following amendment was read and adopted: Representative Baker of the 51st moves to amend HB 1779 as follows: As to the redesignated paragraph "c" on page 2, make the following changes: add an "s" onto the word "subsection" to make it plural and add behind the phrase "violate subsection (a)" currently on line 2 of page 2 the following: "and (b)".

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

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JOURNAL OF THE HOUSE,

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Conneii Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd.J.M Y FloydJ.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmonri Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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.

Representative Mills of the 20th 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 1663.

By Representatives Dixon of the 128th, Watson of the 114th, Pettit of the 19th, Kilgore of the 42nd and Groover of the 99th: A bill to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to the generation and distribution of electricity generally, so as to substantially revise the provisions relating to safeguards against contact with high-voltage lines.

The following Committee substitute was read and adopted:

A BILL To amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Anno tated, relating to the generation and distribution of electricity generally, so as to substan tially revise the provisions relating to safeguards against contact with high-voltage lines; to provide a short title; to provide for purpose; to change the definition of certain terms; to define additional terms; to repeal certain provisions relating to protection of employees from accidental contact with high-voltage lines and to clearance requirement relative to handling tools or moving structures near high-voltage lines; to prohibit any person, firm, or corporation from commencing work within ten feet of a high-voltage line until certain conditions are met; to require utilities to organize and participate in a utilities protection center; to provide funding for such center; to require persons to notify the center before

WEDNESDAY, MARCH 4, 1992

2077

commencing work near high-voltage lines; to provide safeguards against accidental contact with high-voltage electric lines; to change the provisions relating to allocation of expense of precautionary measures taken pursuant to public highway construction; to provide an exception to the administration and enforcement by the Commissioner of Labor; to change provisions relating to application of such laws to railway systems and electric generating systems; to change the provisions relating to the effect of such laws on duty or degree of care applicable to owners and operators of high-voltage lines; to provide limitations on lia bility; to change certain penalty provisions; to provide that persons who violate certain laws shall be strictly liable for injuries or damage to property which occurs as a result of such violations; to provide that the owner or operator of a high-voltage line shall be liable to certain parties for the reasonable costs incurred by the parties as a result of any delay caused by such owner or operator in effecting safeguards around a high-voltage line; 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 3 of Title 46 of the Official Code of Georgia Anno tated, relating to the generation and distribution of electricity generally, is amended by striking in its entirety Part 2, relating to safeguards against contact with high-voltage lines, and inserting in lieu thereof a new Part 2 to read as follows:
"Part 2 46-3-30. This part shall be known and may be cited as the 'High-voltage Safety Act.' 46-3-31. The purpose of this part is to prevent injury to persons and property and interruptions of utility service resulting from accidental or inadvertent contact with high-voltage electric lines by providing that no work shall be done in the vicinity of such lines unless and until the owner or operator thereof has been notified of such work and has taken one of the safety measures prescribed in this part. 46-3-3G 46-3-32. As used in this part, the term:
(1) 'High-voltage lines' means an electric line or lines which are installed above ground level aftd which have having a voltage in excess of 750 volts between conduc tors or from any conductor to ground.
42} 'Person responsible for the work to be done' means a person, e? his agent, whe ment) supplies, m9ieri8l9, OF flppftFQiuS) OF wno moves sny nouse OF oilier building or structure OP sny psrt inepeotj under, over, oy, OF neflr ni^jfi-voilfl^e lines, i .nis term whe physically operates, erects, handles, stores, er transports any tools, machinery, equipment, supplies, materials, or apparatus, of movco any nousc of otncr ouiiuing of structure or any part thereof, under, over, by; er near high-voltage lines. However, this under Cede Sections 46-3-36 and 46-3-37.
(2) 'Notice' means actual notification given to the center. (3) 'Person responsible for the work' means the person actually doing the work as well as any person, firm, or corporation who employs and carries on his payroll any person actually doing the work or who employs a subcontractor who actually does the work; provided, however, that this term does not mean one who is exempted under Code Sections 46-3-37 and 46-3-38. (4) 'Utilities protection center' or 'center' means the corporation or other organiza tion formed by utilities which receives advance notifications regarding work and dis tributes such notifications to its utility members. (5) Utility' means any person operating or maintaining high-voltage lines within the state. (6) 'Work' means the physical act of performing or preparing to perform any activ ity under, over, by, or near high-voltage lines, including, but not limited to, the opera tion, erection, handling, storage, or transportation of any tools, machinery, ladders, antennas, equipment, supplies, materials, or apparatus or the moving of any house or

2078

JOURNAL OF THE HOUSE,

other structure whenever such activity te done by a trade or business. 4o"o"ol. iNo person of nis agent snail require Of permit any employee TO pertorm any
with high-voltage lines has been effectively guarded against in the manner prcacribcd m Code Section 46-3-32.
46-3-32. (a) The operation, erection, handling, storage, or transportation of any tools, machinery, equipment, supplies, materials, or apparatus, or the moving of any nousc of otncr building Of structure Of any part tncrcoi, under, over, Dy, Of near nignvoltage lines is expressly prohibited tf at ay time during such operation, erection, atorage; transportation, handling, moving, or other manipulation such equipment, tools,
0e ofougrit witnin eignt reet of any sucn nign~ voltage lines, except wncrc sucn nign~ voltage lines nave oeen effectively guarded against danger irom accidental contact oy
45-) The installation of protective covering on seh high voltage lines; \j l ne use of mecnanicai Darners to prevent1 physical contact witri sucn nignvoltage lines; 43} Relocation of such high-voltage lines, cither laterally or vertically; or f4) Dccncrgizing such high-voltage lines ad grounding the same. \o) it any ot tne precautionary measures listed R suosection \&) 01 titts t^ode section
ments tncretof sriall se made witn tnc owner of operator OT sucn lines tor sucn action. (e) Only in the ease of compliance with any of the exceptions listed -in subsection 4ft)
of this Code section may the eight-foot clearance requirement be reduced. The eight-foot clearance shall not be provided by movement of the conductors through strains impressed, by attachments er otherwise, upon the otructurcs supporting the high-voltage lines, ef upon any equipment, fixtures, or attachments thereon.
46-3-33. No person, firm, or corporation shall commence any work as defined in par agraph (6) of Code Section 46-3-32 if at any time any person or any item specified in paragraph (6) of Code Section 46-3-32 may be brought within ten feet of any highvoltage line unless and until:
(1) The person responsible for the work has given the notice required by Code Sec tion 46-3-34; and
(2) The owner or operator of such high-voltage line has effectively guarded against danger from accidental contact by either deenergizing and grounding the line, relocat ing itj or installing protective covering or mechanical barriers, whichever safeguard is deemed by the owner or operator to be feasible under the circumstances. 46-3-33 46-3-34. {et) When any seh operation, erection, handling, storage, transpor^ tation, or moving is te be performed within eight f-eet of- any high-voltage line, the per son of persons rcsponsi Die tor tnc work to T^e done snail promptly notity tnc owner or operator of tnc nign-voltage lines of tnc wonc TO ~oe done and sucn person of persons shall thereupon be responsible fef the completion ef the safety measures which are required by Oodc section 4o o~ojL Dctorc proceeding witn any worli wnicn would impair the aforesaid clearance. (b) Upon notification ad appropriate arrangements being fnade by the person or
the owner or operator of the high-voltage lines shall perform such acts as are reasonably necessary for him to perform, as set forth in Code Section 46-3-32, to guard against dan ger from accidental contact.
(a) All utilities shall organize, participate as members in, and cooperate with the util ities protection center. In lieu of organizing a new center, if the organization defined as the utilities protection center in paragraph (13) of Code Section 25-9-2 undertakes to serve as the utilities protection center referred to in this part, it may do so and no duplicative center shall thereafter be established. The activities of the center relating to high-voltage lines shall be funded by all utilities.

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(b) Where work is to be done, the person responsible for such work shall give notice to the utilities protection center during its regular business hours at least 72 hours, excluding weekends and holidays, prior to commencing such work and such notice shall:
(1) Describe the tract or parcel of land upon which the work to be done is to take place with sufficient particularity to enable the owner or operator of the high-voltage lines to ascertain the precise tract or parcel of land involved;
(2) State the name, address, and telephone number of the person who will be in charge of the work;
(3) Describe the type of work to be engaged in by the person; and (4) Designate the date upon which the work will commence and will be completed. (c) After receipt of the notice required by subsection (b) of this Code section, the owner or operator of the high-voltage line shall contact the person whose name is given as required by paragraph (2) of subsection (b) of this Code section within a reasonable time, so that appropriate satisfactory arrangements can be made for the completion of the safety precautions required by Code Section 46-3-33, including coordination of work schedules and payment of costs required to effect such safety precautions. Upon comple tion of such arrangements, the owner or operator of such high-voltage line shall effect such safety precautions within a reasonable time. (d) If, after such arrangements are made, a delay in commencing the work is encoun tered, then the person responsible for the work shall be required to give a new notice as specified in subsection (b) of this Code section. (e) The person responsible for the work shall be responsible to assure that the safety requirements of Code Section 46-3-33 are completed prior to the commencement of any such work. 46-3-34 46-3-35. Where, during any public highway construction, any temporary pre cautionary measure is required by this part to guard against accidental contact with high-voltage lines that are located upon public highways or roads which are owned by this state or a county thereof and which are located outside the corporate limits of any municipality, the expense of such temporary precautionary measure shall be borne by the owner or operator of such lines, provided that such construction is undertaken pur suant to a permit issued by the state or county, for which permit neither the state nor the county received consideration. The person responsible for the work nevertheless shall not commence any work until he has given notice as required by Code Section 46-3-34 and the safety precautions required by Code Section 46-3-33 have been effected. 46-8-36 46-3-36. The Commissioner of Labor shall administer and enforce this part, and he is empowered to prescribe and promulgate rules and regulations consistent with this partj except with respect to the operations of the center. 46-8-36 46-3-37. (a) This part shall not be construed as applying to the construc tion, reconstruction, operation, and maintenance of overhead electrical conductors and their supporting structures and associated equipment by authorized and qualified elec trical workers. Specifically, this part shall not be construed as applying to the construc tion, reconstruction, operation, and maintenance of overhead electrical circuits or conductors and their supporting structures and associated equipment for rail transporta tion systems or for electrical generating, transmission, and distribution; and systems or for communication systems, ' 'hen such work is performed by authorized and qualified employees of any person engaged in such work. (b) When applied to railway systems, the exception provided in this Code section shall be construed as permitting operation of standard rail equipment which is normally used in the transportation of freight or passengers, or both, or in the operation of relief trains or other equipment in emergencies, or in the maintenance of way service, at a dis tance of less than eight ten feet from any high-voltage conductor of such railway system; bat this part shall be construed as prohibiting provided, however, that normal repair or construction operations at a distance of less than eight ten feet from any high-voltage conductor by other than properly qualified and authorized persons or employees under the direct supervision of an authorized person who is familiar with the hazards involved is prohibited, unless there has been compliance with the safety provisions of Code Sec tions 46-3-3i through 46-8-88, and 46'3-37 Section 46-3-33.

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(c) Any telephone company or other entity which has a joint use contract with an electric company is specifically exempted from this part.
46-3-87 46-3-38. In addition to the exceptions set forth in Code Section 46 3-36 46-3-37, this part shall not be construed as applying to and shall not apply to the mov ing or transportation of houses or buildings or parts thereof when such moving is under the jurisdiction of, and is undertaken pursuant to authority granted by, the Georgia Public Service Commission.
46-3-38 46-3-39. (a) The owner or operator of high-voltage lines shall not be liable for damage or loss to person or property resulting from work within ten feet of highvoltage lines unless notice has been given as required by Code Section 46-3-34 and the owner or operator of the high-voltage line has failed to comply with the provisions of Code Section 46-3-33.
(b) Except as provided in subsection (a) of this Code section, Nothing nothing in this part shall be construed or applied so as to limit or reduce the duty or degree of care applicable to owners or operators of high-voltage lines with respect to damage or loss to person or property.
46-3-39 46-3-40. (a) Any person; er his agent, who fails te comply with responsi ble for the work who violates any of the provisions of this part shall be guilty of a mis demeanor and, upon conviction thereof, shall be liable te for a fine of net less than
: ef the eowt $1,000.00 for a first offense and $3,000.00 for a second or subseguent offense.
(b) Any _e_rson r_es_po_n_si_bl_e f_or t_he work who violates the requirements of Code Section 46-3-33 and whose subsequent activities within the vicinity of high-voltage lines result in damage to utility facilities or result in injury or damage to person or property shall be strictly liable for said injury or damage. Any such person shall also indemnify the owner or operator of such high-voltage lines against all claims, if any, for personal injury, including death, property damage, or service interruptions, including costs incurred in defending any such claims resulting from work in violation of Code Section 46-3-33.
(c) In the event the owner or operator of the high-voltage line fails to effect the safe guards required by Code Section 46-3-33 within a reasonable time after notice is given and appropriate arrangements are made pursuant to Code Section 46-3-34, such owner or operator shall be liable for the reasonable costs incurred by any such delay."
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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch

Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y' Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.L Y Coker Y Coleman

Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D
Davis,G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd.J.M Y Floyd.J.W Y Flynt

Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin

Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee YLong Y Lord Y Lucas Y Mann Y Martin

WEDNESDAY, MARCH 4, 1992

2081

Y McBee Y McCoy Y McKeivey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Oliver.C Y Oliver.M

Y Orr Orrock
Y Padgett Y Pwham Y Parrish Y Patten Y Ptlote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter
Poston Y Powell.A Y Powell.C

Y Presley Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T

Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend

Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,.! Y Williams.R Y Yeargin
Murphy.Spkr

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

HB 1397.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to reduce certain time periods in which certain property is presumed aban doned; to reduce the time period in which certain persons are presumed to have died.

The following Committee substitute was read and withdrawn:

A BILL To amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Anno tated, relating to disposition of unclaimed property, so as to reduce certain time periods in which certain property is presumed abandoned; to reduce the time period in which cer tain persons are presumed to have died; to reduce the time period for retaining certain records; to reduce the time period during which certain claims must be substantiated with out recourse to such records; 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 5 of Chapter 12 of Title 44 of the Official Code of Georgia Anno tated, relating to disposition of unclaimed property, is amended by striking Code Section 44-12-193, relating to property held, issued, or owing in the ordinary course of business, and inserting in its place a new Code Section 44-12-193 to read as follows: "44-12-193. All tangible and intangible property, including any income or increment thereon, less any lawful charges, that is held, issued, or owing in the ordinary course of the holder's business and has remained unclaimed by the owner for more than seven three years aftr it became payable or distributable is presumed abandoned, except as otherwise provided by this article. Property is payable or distributable for the purpose of this article notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment." Section 2. Said article is further amended by striking Code Section 44-12-196, relat ing to certain checks, drafts, or similar instruments, and inserting in its place a new Code Section 44-12-196 to read as follows: "44-12-196. Any sum payable on a check, draft, or similar instrument, except money orders, traveler's checks, and other similar instruments subject to Code Section

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44-12-195, on which a banking or financial organization is directly liable, including but not limited to, cashier's checks and certified checks, which has been outstanding for more than seven three years after it was payable or after its issuance if payable on demand, is presumed abandoned unless the owner, within seven three years, has commu nicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization."
Section 3. Said article is further amended by striking subsection (a) of Code Section 44-12-197, relating to certain deposits or other interests in banking and financial organiza tions, and inserting in its place a new subsection (a) to read as follows:
"(a) Any demand, savings, or matured time deposit with a banking or financial orga nization, including deposits that are automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate, or any other interest in a bank ing or financial organization is presumed abandoned unless the owner, within seven three years, has:
(1) In the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest or nego tiated a check in payment of interest on a time deposit;
(2) Communicated in writing with the banking or financial organization concerning the property;
(3) Otherwise indicated an interest in the property as evidenced by a memoran dum or other record on file prepared by an employee of the banking or financial orga nization; for purposes of this paragraph, a record of the sending of a federal Internal Revenue Service Form 1099, or its equivalent, to the persons enumerated in this sub section and a record of its not being returned by the United States Postal Service or its successor shall be an indication of interest;
(4) Owned other property to which paragraph (1), (2), or (3) of this subsection is applicable if the banking or financial organization communicated in writing with the owner with regard to the property that would otherwise be presumed abandoned under this paragraph at the address to which communications regarding the other property regularly are sent;
(5) Had another relationship with the banking or financial organization concerning which the owner has communicated in writing with the banking or financial organiza tion or has otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization if the banking or financial organization communicates in writing with the owner with regard to property that would otherwise be abandoned under this paragraph at the address to which communications regarding the other relationship regularly are sent; or
(6) A deposit made with a banking or financial organization by a court or by a guardian pursuant to order of a court or by any "other person for the benefit of a per son who was a minor at the time of the making of such deposit, which deposit is sub ject to withdrawal only upon the further order of such court or such guardian or other person, shall not be subject to the provisions of this article until one year after such minor attains the age of 18 years or until one year after the death of such minor, whichever occurs sooner. These accounts are not subject to dormant service charges." Section 4. Said article is further amended by striking subsection (a) of Code Section 44-12-198, relating to funds under life or endowment insurance policies or annuity con tracts, and inserting in its place a new subsection (a) to read as follows: "(a) Funds held or owing under any life or endowment insurance policy or annuity contract which has matured or terminated are presumed abandoned if unclaimed for more than seven three years after the funds became due and payable as established from the records of the insurance company holding or owing the funds, except that property described in paragraph (2) of subsection (c) of this Code section is presumed abandoned if unclaimed for more than two years." Section 5. Said article is further amended by striking Code Section 44-12-199, relat ing to funds held or owing by utilities, and inserting in its place a new Code Section 44-12-199, to read as follows:

WEDNESDAY, MARCH 4, 1992

2083

"44-12-199. The following funds held or owing by any utility are presumed aban doned:
(1) Any deposit made by a subscriber with a utility to secure payment for or any sum paid in advance for utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven three years after the termination of the services for which the deposit or advance payment was made; and
(2) Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven three years after the date it became payable in accordance with the final determination or order providing for the refund unless the regulatory body having jurisdiction over the utility has provided by order for a different disposition of such unclaimed funds." Section 6. Said article is further amended by striking Code Section 44-12-200, relat ing to unclaimed court ordered refunds, and inserting in its place a new Code Section 44-12-200 to read as follows: "44-12-200. Except to the extent otherwise ordered by a court or administrative agency of competent jurisdiction, any sum that a business association has been ordered to refund by a court or administrative agency which has remained unclaimed by the owner for more than seven three years after it became payable in accordance with the final determination or order providing for the refund, regardless of whether the final determination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned." Section 7. Said article is further amended by striking subsections (a) and (b) of Code Section 44-12-201, relating to undistributed dividends and distributions of business associ ations, and inserting in their place new subsections (a) and (b), respectively, to read as follows: "(a) Pursuant to Code Section 44-12-193, any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to its shareholder, certificate holder, member, bondholder, or other security holder, or a participating patron of a cooperative, who has not claimed it, corresponded in writing concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the association within acven three years after the date pre scribed for payment or delivery is presumed abandoned. (b) Pursuant to Code Section 44-12-193, any intangible interest in a business associa tion, as evidenced by the stock records or membership records of the association, is pre sumed abandoned if the interest in the association is owned by a person who for more than seven three years has neither claimed a dividend or other sum referred to in sub section (a) of this Code section nor corresponded in writing with the association and the association does not know the location of the owner at the end of such seven-year threeyear period. With respect to such interest, the business association shall be deemed the holder." Section 8. Said article is further amended by striking Code Section 44-12-202, relat ing to unclaimed property distributed in the course of dissolution or liquidation, and inserting in its place a new Code Section 44-12-202 to read as follows: "44-12-202. All property distributable in the course of a voluntary or involuntary dis solution or liquidation of a person that remains unclaimed by the person entitled thereto, within seven years one year after the date of final distribution or liquidation, shall be presumed abandoned." Section 9. Said article is further amended by striking subsection (a) of Code Section 44-12-203, relating to intangible property held in certain fiduciary capacities, and inserting in its place a new subsection (a) to read as follows: "(a) Intangible property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the

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owner, within seven three years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, commu nicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary."
Section 10. Said article is further amended by striking Code Section 44-12-204, relat ing to certain intangible property held by certain governmental entities, and inserting in its place a new Code Section 44-12-204 to read as follows:
"44-12-204. All intangible property held for the owner by any state or federal court, government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than seven three years after becoming payable or distributable is presumed abandoned."
Section 11. Said article is further amended by striking subsection (a) of Code Sec tion 44-12-205, relating to gift certificates and credit memos, and inserting in its place a new subsection (a) to read as follows:
"(a) A gift certificate or a credit memo issued in the ordinary course of an issuer's business which remains unclaimed by the owner for more than seven three years after becoming payable or distributable is presumed abandoned."
Section 12. Said article is further amended by striking Code Section 44-12-206, relat ing to certain unpaid wages, and inserting in its place a new Code Section 44-12-206 to read as follows:
"44-12-206. Unpaid wages, including wages represented by unpresented payroll checks owing in the ordinary course of the holder's business, that have remained unclaimed by the owner for more than seven years one year after becoming payable are presumed abandoned."
Section 13. Said article is further amended by striking subsection (a) of Code Sec tion 44-12-207, relating to employee benefit trust distributions and income, and inserting in its place a new subsection (a) to read as follows:
"(a) All employee benefit trust distributions and any income or other increment thereon are abandoned to this state under the provisions of this article if the owner has not, within seven three years after it becomes payable or distributable, accepted such distribution, corresponded in writing concerning such distribution, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary of the trust or custodial fund or administrator of the plan under which such trust or fund is established."
Section 14. Said article is further amended by striking subsections (a) and (c) of Code Section 44-12-208, relating to funds held or owing by certain insurers, sureties, or medical service corporations, and inserting in their place new subsections (a) and (c), respectively, to read as follows.
"(a) Any funds held or owing by a fire, casualty, or any other insurer or surety as defined in Title 33 or a hospital, medical, or dental service corporation organized under Title 31 that are due and payable, as established from the records of the insurer or surety either to an insured, a principal, or other claimant under any insurance policy or contract shall be presumed abandoned if they have not been claimed or paid within seven three years after becoming due or payable. Funds payable according to the insurer's or surety's records are deemed due and payable although the policy or contract has not been surrendered as required."
"(c) Any sum for the payment of a claim under an insurance policy or contract, which sum is payable on a negotiable instrument on which the insurer is the maker or drawer shall be presumed abandoned if, within seven three years from the date payable, or from the date of issuance, if payable on demand, the owner has not:
(1) Negotiated the instrument; (2) Corresponded in writing with the insurer concerning it; or (3) Otherwise indicated an interest by a writing on file with the insurer."

WEDNESDAY, MARCH 4, 1992

2085

Section 15. Said article is further amended by striking Code Section 44-12-211, relat ing to bequeathed property, and inserting in its place a new Code Section 44-12-211 to read as follows:
"44-12-211. (a) Property which has been bequeathed to any person shall be pre sumed abandoned if not claimed by that person or his heirs, legatees, or distributees within seven three years after the death of the testator unless the will makes provision in case of a lapse, failure, or rejection of the bequest for the disposition of the property.
(b) When a person owning property is not known for seven three successive years to be living and neither the person named, his heirs, or distributees can be located or proved for seven three successive years to have been living, he shall be presumed to have died without heirs or distributees and his property shall be presumed abandoned."
Section 16. Said article is further amended by striking subsection (d) of Code Sec tion 44-12-220, relating to certain claims and records, and inserting in its place a new sub section (d) to read as follows:
"(d) The commissioner may, after seven three years following the receipt of property, destroy such records related to the property as deemed necessary; and after said sevenyear three-year period any claim relating to such property must be fully substantiated by a claimant, without recourse to such records."
Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 18. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Jamieson of the llth, et al., was read and adopted:

A BILL To amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Anno tated, relating to disposition of unclaimed property, so as to reduce certain time periods in which certain property or interests are presumed abandoned; to reduce the time period in which certain persons are presumed to have died; to provide conditions under which certain intangible property will be presumed abandoned and subject to the custody of this state; to provide for applicability; 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 5 of Chapter 12 of Title 44 of the Official Code of Georgia Anno tated, relating to disposition of unclaimed property, is amended by striking Code Section 44-12-193, relating to property held, issued, or owing in the ordinary course of business, and inserting in its place a new Code Section 44-12-193 to read as follows: "44-12-193. All tangible and intangible property, including any income or increment thereon, less any lawful charges, that is held, issued, or owing in the ordinary course of the holder's business and has remained unclaimed by the owner for more than seven five years after it became payable or distributable is presumed abandoned, except as other wise provided by this article. Property is payable or distributable for the purpose of this article notwithstanding the owner's failure to make demand or to present any instru ment or document required to receive payment." Section 2. Said article is further amended by striking Code Section 44-12-196, relat ing to certain checks, drafts, or similar instruments, and inserting in its place a new Code Section 44-12-196 to read as follows: "44-12-196. Any sum payable on a check, draft, or similar instrument, except money orders, traveler's checks, and other similar instruments subject to Code Section 44-12-195, on which a banking or financial organization is directly liable, including but not limited to, cashier's checks and certified checks, which has been outstanding for

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more than seven five years after it was payable or after its issuance if payable on demand, is presumed abandoned unless the owner, within seven five years, has commu nicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization."
Section 3. Said article is further amended by striking subsection (a) of Code Section 44-12-197, relating to certain deposits or other interests in banking and financial organiza tions, and inserting in its place a new subsection (a) to read as follows:
"(a) Any demand, savings, or matured time deposit with a banking or financial orga nization, including deposits that are automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate, or any other interest in a bank ing or financial organization is presumed abandoned unless the owner, within seven five years, has:
(1) In the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest or nego tiated a check in payment of interest on a time deposit;
(2) Communicated in writing with the banking or financial organization concerning the property;
(3) Otherwise indicated an interest in the property as evidenced by a memoran dum or other record on file prepared by an employee of the banking or financial orga nization; for purposes of this paragraph, a record of the sending of a federal Internal Revenue Service Form 1099, or its equivalent, to the persons enumerated in this sub section and a record of its not being returned by the United States Postal Service or its successor shall be an indication of interest;
(4) Owned other property to which paragraph (1), (2), or (3) of this subsection is applicable if the banking or financial organization communicated in writing with the owner with regard to the property that would otherwise be presumed abandoned under this paragraph at the address to which communications regarding the other property regularly are sent;
(5) Had another relationship with the banking or financial organization concerning which the owner has communicated in writing with the banking or financial organiza tion or has otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization if the banking or financial organization communicates in writing with the owner with regard to property that would otherwise be abandoned under this paragraph at the address to which communications regarding the other relationship regularly are sent; or
(6) A deposit made with a banking or financial organization by a court or by a guardian pursuant to order of a court or by any other person for the benefit of a per son who was a minor at the time of the making of such deposit, which deposit is sub ject to withdrawal only upon the further order of such court or such guardian or other person, shall not be subject to the provisions of this article until one year after such minor attains the age of 18 years or until one year after the death of such minor, whichever occurs sooner. These accounts are not subject to dormant service charges."
Section 4. Said article is further amended by striking subsection (a) of Code Section 44-12-198, relating to funds under life or endowment insurance policies or annuity con tracts, and inserting in its place a new subsection (a) to read as follows:
"(a) Funds held or owing under any life or endowment insurance policy or annuity contract which has matured or terminated are presumed abandoned if unclaimed for more than seven five years after the funds became due and payable as established from the records of the insurance company holding or owing the funds, except that property described in paragraph (2) of subsection (c) of this Code section is presumed abandoned if unclaimed for more than two years."
Section 5. Said article is further amended by striking Code Section 44-12-199, relat ing to funds held or owing by utilities, and inserting in its place a new Code Section 44-12-199, to read as follows:

WEDNESDAY, MARCH 4, 1992

2087

"44-12-199. The following funds held or owing by any utility are presumed aban doned:
(1) Any deposit made by a subscriber with a utility to secure payment for or any sum paid in advance for utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than acvcn five years after the termination of the services for which the deposit or advance payment was made; and
(2) Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven five years after the date it became payable in accordance with the final determination or order providing for the refund unless the regulatory body having jurisdiction over the utility has provided by order for a different disposition of such unclaimed funds." Section 6. Said article is further amended by striking Code Section 44-12-200, relat ing to unclaimed court ordered refunds, and inserting in its place a new Code Section 44-12-200 to read as follows: "44-12-200. Except to the extent otherwise ordered by a court or administrative agency of competent jurisdiction, any sum that a business association has been ordered to refund by a court or administrative agency which has remained unclaimed by the owner for more than acvcn five years after it became payable in accordance with the final determination or order providing for the refund, regardless of whether the final determination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned." Section 7. Said article is further amended by striking subsections (a) and (b) of Code Section 44-12-201, relating to undistributed dividends and distributions of business associ ations, and inserting in their place new subsections (a) and (b), respectively, to read as follows: "(a) Pursuant to Code Section 44-12-193, any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to its shareholder, certificate holder, member, bondholder, or other security holder, or a participating patron of a cooperative, who has not claimed it, corresponded in writing concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the association within seven five years after the date prescribed for payment or delivery is presumed abandoned. (b) (1) Pursuant to Code Section 44-12-193, any intangible interest in a business association, as evidenced by the stock records or membership records of the associa tion, is presumed abandoned if the interest in the association is owned by a person who for more than acvcn five years has neither claimed a dividend or other sum referred to in subsection (a) of this Code section nor corresponded in writing with the association and the association does not know the location of the owner at the end of such seven-year five-year period. With respect to such interest, the business associa tion shall be deemed the holder.
(2) All intangible property, including but not limited to securities, principal, inter est, dividends, or other earnings thereon, less any lawful charges, held by a business association; federal, state, or local government or governmental subdivision, agency, or entity; or any other person or entity, regardless of where the holder may be found, if the owner has not claimed such property or corresponded m writing with the holder concerning the property within five years after the date prescribed for payment or delivery by the issuer unless the holder is a state that has taken custody pursuant to its own unclaimed property laws, in which case no additional period of holding beyond that of such state is necessary pursuant to this subsection, is presumed abandoned and subject to the custody of this state as unclaimed property i
(A) The last known address of the owner is unknown; and (B) The person or entity originating or issuing the intangible property is this state or any political subdivision of this state or is incorporated, organized, created, or otherwise located in this state.

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(3) The provisions of paragraph (2) of this subsection shall not apply to property which is or may be presumed abandoned and subject to the custody of this state pur suant to any other provision of law containing a dormancy period different from that prescribed in paragraph (2) of this subsection.
(4) The provisions of this subsection shall apply to all property held on the effec tive date of this subsection or at any time thereafter, regardless of when such property became or becomes presumptively abandoned." Section 8. Said article is further amended by striking Code Section 44-12-202, relat ing to unclaimed property distributed in the course of dissolution or liquidation, and inserting in its place a new Code Section 44-12-202 to read as follows: "44-12-202. All property distributable in the course of a voluntary or involuntary dis solution or liquidation of a person that remains unclaimed by the person entitled thereto, within seven years one year after the date of final distribution or liquidation, shall be presumed abandoned." Section 9. Said article is further amended by striking subsection (a) of Code Section 44-12-203, relating to intangible property held in certain fiduciary capacities, and inserting in its place a new subsection (a) to read as follows: "(a) Intangible property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within seven five years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated con cerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary." Section 10. Said article is further amended by striking Code Section 44-12-204, relat ing to certain intangible property held by certain governmental entities, and inserting in its place a new Code Section 44-12-204 to read as follows: "44-12-204. All intangible property held for the owner by any state or federal court, government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than seven five years after becoming payable or distributable is presumed abandoned." Section 11. Said article is further amended by striking subsection (a) of Code Sec tion 44-12-205, relating to gift certificates and credit memos, and inserting in its place a new subsection (a) to read as follows: "(a) A gift certificate or a credit memo issued in the ordinary course of an issuer's business which remains unclaimed by the owner for more than seven five years after becoming payable or distributable is presumed abandoned." Section 12. Said article is further amended by striking Code Section 44-12-206, relat ing to certain unpaid wages, and inserting in its place a new Code Section 44-12-206 to read as follows: "44-12-206. Unpaid wages, including wages represented by unpresented payroll checks owing in the ordinary course of the holder's business, that have remained unclaimed by the owner for more than seven years one year after becoming payable are presumed abandoned." Section 13. Said article is further amended by striking subsection (a) of Code Sec tion 44-12-207, relating to employee benefit trust distributions and income, and inserting in its place a new subsection (a) to read as follows: "(a) All employee benefit trust distributions and any income or other increment thereon are abandoned to this state under the provisions of this article if the owner has not, within seven five years after it becomes payable or distributable, accepted such dis tribution, corresponded in writing concerning such distribution, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary of the trust or custodial fund or administrator of the plan under which such trust or fund is established."

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Section 14. Said article is further amended by striking subsections (a) and (c) of Code Section 44-12-208, relating to funds held or owing by certain insurers, sureties, or medical service corporations, and inserting in their place new subsections (a) and (c), respectively, to read as follows:
"(a) Any funds held or owing by a fire, casualty, or any other insurer or surety as defined in Title 33 or a hospital, medical, or dental service corporation organized under Title 31 that are due and payable, as established from the records of the insurer or surety either to an insured, a principal, or other claimant under any insurance policy or contract shall be presumed abandoned if they have not been claimed or paid within seven five years after becoming due or payable. Funds payable according to the insurer's or surety's records are deemed due and payable although the policy or contract has not been surrendered as required."
"(c) Any sum for the payment of a claim under an insurance policy or contract, which sum is payable on a negotiable instrument on which the insurer is the maker or drawer shall be presumed abandoned if, within seven five years from the date payable, or from the date of issuance, if payable on demand, the owner has not:
(1) Negotiated the instrument; (2) Corresponded in writing with the insurer concerning it; or (3) Otherwise indicated an interest by a writing on file with the insurer." Section 15. Said article is further amended by striking Code Section 44-12-211, relat ing to bequeathed property, and inserting in its place a new Code Section 44-12-211 to read as follows: "44-12-211. (a) Property which has been bequeathed to any person shall be pre sumed abandoned if not claimed by that person or his heirs, legatees, or distributees within seven five years after the death of the testator unless the will makes provision in case of a lapse, failure, or rejection of the bequest for the disposition of the property. (b) When a person owning property is not known for seven five successive years to be living and neither the person named, his heirs, or distributees can be located or proved for seven five successive years to have been living, he shall be presumed to have died without heirs or distributees and his property shall be presumed abandoned." Section 16. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 1992. (b) This subsection and Section 7 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Section 17. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux

Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless N Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards

Y Elliott Y Felton
Fennel Floyd.J.M Y Floyd.J.W Y Flynt Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D

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Y Lane.R E Langford Y Lawrence Y Lawson YLee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C N Meadows N Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Padgett Y Parham Y Parrish Patten Y Pelote Y Perry Y Pettit Y Pinholster

Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall N Ray Y Reaves
Redding Y Ricketson Y Royal N Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F
Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus

Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
WilliamsJ Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Patten of the 149th 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 1823.

By Representatives Coleman of the 118th, Buck of the 95th, Walker of the 115th, Jackson of the 9th and Lawson of the 9th: A bill to amend Code Section 20-3-411 of the Official Code of Georgia Anno tated, relating to definitions relating to tuition equalization grants at private colleges and universities, so as to change the definition of "full-time stu dent".

The following Committee substitute was read and adopted:

A BILL To amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions relating to tuition equalization grants at private colleges and universities, so as to change the definition of "full-time student"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-3-411 of the Official Code of Georgia Annotated, relat ing to definitions relating to tuition equalization grants at private colleges and universities, is amended by striking paragraph (4) of said Code section and inserting in lieu thereof a new paragraph (4) to read as follows: "(4) 'Full-time student' means an undergraduate student, graduate student; or stu dent who is an inmate in an institution administered by the Department of Corrections who enrolls for a minimum of 12 ten academic hours; te academic hours in the ease
th Department ef Corrections." Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 125, nays 10.

WEDNESDAY, MARCH 4, 1992

2091

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

HB 1595.

By Representative Dover of the llth: A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the examination of county tax digests, so as to provide for a three-year digest evaluation cycle.

The following Committee substitute was read:

A BILL To amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to the examination of county tax digests, so as to provide for a three-year digest evaluation cycle; to provide for definitions; to change certain provisions relating to the review of digests by the state revenue commissioner; to provide for the establishment of digest evaluation cycles by the state revenue commissioner; to change certain provisions regarding the approval of digests; to change certain provisions relating to disapproval and conditional approval of digests; to provide for the use of submitted digests for collection of taxes; to provide for the assessment of certain tax in the event of substantial deviation from the proper assessment ratio; to provide for penalties for failure to correct digests; to provide for appeals from conditional approvals; to provide for procedures for appeals to the Department of Revenue; 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. Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to the examination of county tax digests, is amended by striking Code Sec tion 48-5-341, relating to definitions regarding examination of county tax digests, and inserting in its place a new Code Section 48-5-341 to read as follows: "48-5-341. As used in this article, the term:
(1) Reserved. (3) (1) 'Assessment bias' means any tendency or trend of assessment ratios, when analyzed by an appropriate statistical method, which reveals assessment progressivity or assessment regressivity. (3) (2) 'Assessment progressivity' means any systematic pattern of assessment in which higher value properties are generally assessed at a larger percentage of fair mar ket value than properties of lower value. (4) (3) 'Assessment ratio' means the fractional relationship the assessed value of property bears to the fair market value of the property. (6) (4) 'Assessment regressivity' means any systematic pattern of assessment in which lower value properties are generally assessed at a larger percentage of fair mar ket value than properties of higher value. (6) (5) 'Assessment variance' means the absolute value of the difference between the assessment ratio for each parcel of property within each class of property and the average assessment ratio for that class and expressed as a percentage of the average assessment ratio. f?) (6) 'Class of property' means any reasonable divisions of homogeneous groups of property that the commissioner determines are necessary to examine digests for uniformity and equalization. (8) Reserved. (7) 'Digest evaluation cycle' means a recurring period of three years beginning ini tially on January 1 of the first year, as so designated by the commissioner for each county, and ending on December 31 of the third year thereafter. (8) 'Digest review year' means the first year of each evaluation cycle for each county."

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Section 2. Said article is further amended by striking Code Section 48-5-342, relating to the examination of digests by the state revenue commissioner, and inserting in its place a new Code Section 48-5-342 to read as follows:
"48-5-342. (a) The commissioner shall carefully examine the tax digests of the counties filed in his office. Each digest for a county in a digest review year shall be examined for the purpose of determining if the valuations of property for taxation pur poses are reasonably uniform and equalized between counties and within counties.
(b) For any digest f-er the preceding year which in any digest review year where the digest for the preceding digest review year was conditionally approved by the commis sioner, the commissioner shall also carefully examine the digest to determine if it satis factorily corrects the deficiencies that resulted in the digest for the preceding digest review year being conditionally approved.
(c) For each year, including each year that is not a digest review year for the county, the commissioner shall determine the overall average assessment ratio for the county.
4e> (d) It shall be the further duty of the commissioner to examine the itemizations of exempt properties appearing on the digest and, if in the judgment of the commis sioner any properties appearing on the digest are subject to taxation, to so advise the board of tax assessors of the counties concerned with an explanation of his reasons for believing the property is subject to taxation."
Section 3. Said article is further amended by adding a new Code section immediately following Code Section 48-5-342, to be designated Code Section 48-5-342.1, to read as fol lows:
"48-5-342.1. (a) The commissioner shall by regulation establish the digest evalua tion cycles for each of the counties in this state giving weight to the number of taxable parcels in each county, the geographical location of each county, and each such county's compliance with the provisions of Code Section 48-5-343. The starting date of each county's digest evaluation cycle shall be staggered so that the digest review year of onethird of the counties shall occur each year.
(b) For those digests submitted by counties in their designated digest review year, the commissioner shall begin his review of the digest in accordance with Code Section 48-5-343 and shall, on or before August 1 of the next succeeding tax year, approve or conditionally approve the digest."
Section 4. Said article is further amended by striking subsection (a) of Code Section 48-5-343, relating to approval of digests, and inserting in its place a new subsection (a) to read as follows:
"48-5-343. (a) The commissioner shallj when a county is in its digest review year, approve the digest of any such county as being reasonably uniform and equalized if the digest meets the following criteria:
(1) The average assessment ratio for each class of property within the county shall be as close to 40 percent the assessments provided for in Code Section 48-5-7 as is reasonably practicable;
(2) The average assessment variance for each class of property within the county shall not be excessive with respect to that which is reasonably practicable; and
(3) Within each class of property, assessment ratios of the properties shall not reveal any significant assessment bias." Section 5. Said article is further amended by striking Code Section 48-5-344, relating to disapproval of digests, and inserting in its place a new Code Section 48-5-344 to read as follows: "48-5-344. (a) If the commissioner determines that in any one or more of the coun ties that is in a digest review year the taxable values of property are not reasonably uni form and equalized in accordance with the requirements of subsection (a) of Code Section 48-5-343, he shall conditionally approve er disapprove the digest and notify the county board of tax assessors in writing of his action, (b) The written notification shall contain:
(1) A list of specific reasons that resulted in the digest being conditionally approved or disapproved;

WEDNESDAY, MARCH 4, 1992

2093

(2) A list of the statistical methods used by the commissioner when examining the digest; and
\o) A list of ftcijtistiiierits tritt, tt used Dy trie Doflrci ot tflx ssscssors, wouid correct

(4) (3) Any other information the commissioner believes would be of assistance to the county board of tax assessors in correcting the deficiencies that resulted in the digest being conditionally approved or in otherwise making the digest reasonably uni form and equalized."
Section 6. Said article is further amended by striking Code Section 48-5-345, relating to the interim use of a disapproved digest, and inserting in its place a new Code Section 48-5-345 to read as follows:
"48-5-345. (a) (1) Except as otherwise provided JH subsection {b} ef this Code seetion, a digest conditionally approved by the commissioner any year ay be used
Upon the determination by the commissioner that a county tax digest is in proper form, that the property therein that is under appeal is within the limits of Code Sec tion 48-5-304, and that the digest is accompanied by all documents, statistics, and cer tifications required by the commissioner, the commissioner shall issue a receipt for the digest and enter an order authorizing the use of said digest for the collection of taxes. \v) \i) ft trie yesr loiiowin^ trie ycflr tR wiucri trie oldest WQ.S
Hly COPpccts toe deficiencies tiist resulted tft tiie digest tor trie preceding ye&r bein^ conditionally approved. Jf the new digest feils te correct these deficiencies, collections
deficiencies has been granted by th hearing officer under Code Section 48-6-849.2. (2) Nothing in this subsection shall be construed to prevent the superior court
from allowing the new digest to be used as the basis for the temporary collection of taxes under Code Section 48-5-310. (b) Each year the commissioner shall determine if the overall average assessment ratio for each county, as computed under subsection (c) of Code Section 48-5-342, devi ates substantially from the proper assessment ratio as provided in Code Section 48-5-7, and if such deviation exists, the commissioner shall assess against the county governing authority additional state tax in an amount equal to the difference between the amount the state's levy of one-quarter of a mill would have produced if the digest had been at the proper assessment ratio and the amount the digest that is actually used for collec tion purposes will produce. The commissioner shall notify the county governing author ity annually of the amount so assessed and this amount shall be due and payable not later than five days after all appeals have been exhausted or the time for appeal has expired or the final date for payment of taxes in the county, whichever comes latest, and shall bear interest at the rate specified in Code Section 48-2-40 from the due date."
Section 7. Said article is further amended by striking Code Section 48-5-346, relating to disapproval of subsequent digests, and inserting in its place a new Code Section 48-5-346 to read as follows:
"48-5-346. (a) (1) If a county tax digest for th its preceding year was condition ally approved and the commissioner disapproves conditionally approves the subse quent digest for the next subsequent year for the same or substantially the same reasons, the commissioner shall order the payment of the specific penalty as provided in this Code section and the withholding from the county of the state grants specified in this paragraph; except that the commissioner shall net se order withholding ef
The Fiscal Division of the Department of Administrative Services and any other state agency or officer shall upon such order's taking effect permanently withhold from the county any funds otherwise becoming payable during the withholding period specified in paragraph {} subsection (b) of this subsection Code section to the county under:

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(A) The road mileage grant program specified in Article 1 of Chapter 17 of Title 36;
(B) The county appraisal staff grant program specified in Code Section 48-5-267; and
(C) The public road grant program specified in Code Section 48-14-3. (2) In addition to the withholding of state grant funds specified in this Code sec tion, a specific penalty is levied which shall be $5.00 per taxable parcel of real prop erty located in the county as of January 1. of the year in which the penalty is levied and it shall be paid by the governing authority of the county to the commissioner. (3) (b) The withholding of the grants and moneys shall begin not later than five days after all appeals have been exhausted, or the time for appeal has expired, and shall con tinue until such time as the digest is satisfactorily corrected as to the deficiencies identi fied by the commissioner that resulted in the digest being initially conditionally approved. The levy of the specific penalty shall be made at the same time that the with holding of grants begins and it shall be paid to the commissioner within 60 days after the commissioner has notified the county of the amount of such penalty. (b) (c) The commissioner shall determine and publish annually a list of all available state grants which will be withheld in accordance with this Code section. {e} (d) If the digest for the preceding digest review year was conditionally approved and the commissioner conditionally approves the subsequent digest submitted in the next subsequent review year for different reasons, the county shall be given one yea* te correct the dcficicncica that resulted in the subsequent digest being conditionally approved, as provided m Code Section 48 6-846 the county shall not have any penalties assessed or state grants withheld as a result of such conditional approval." Section 8. Said article is further amended by striking Code Section 48-5-348, relating to appeals from disapprovals, and inserting in its place a new Code Section 48-5-348 to read as follows: "48-5-348. (a) The commissioner, through a hearing officer, shall hear and deter mine appeals by local governing authorities on issues relating to the conditional approval fir disapproval of the digest by the commissioner including, but not limited to, the issue of the adequacy of the time period allowed to correct the deficiencies that resulted in the digest being conditionally approved or disapproved. (b) The hearing officer may compel the attendance of witnesses and the production of books and records or other documents from the county board of tax assessors. The hearing officer may also compel the production of appropriate records from the commis sioner. (c) With respect to any digest conditional approval by the commissioner which will not result in the withholding of state funds and the levy of specific penalties, the county governing authority shall be authorized to appeal only on the issue of the correctness of the commissioner's determination that the digest does not meet the requirements of subsection (a) of Code Section 48-5-343. With respect to any digest disapproval condi tional approval by the commissioner which will result in the withholding of state funds or the penalty specified in aubparagraph (d)(3)(A) subsection (a) of Code Section 48-6-34Q.2 48-5-346, the county governing authority shall be authorized to appeal on the issues of: (1) The correctness of the commissioner's determination that the digest does not meet the requirements of Code Section 48-5-343; and (2) The adequacy of the time period which was available to the county to correct prior deficiencies in the digest, including any issue of the adequacy of the time period allowed under Code Section 48-5-345 and any extension of time granted pursuant to any prior appeal. (d) With respect to any additional state tax assessed against the county by the com missioner pursuant to subsection (b) of Code Section 48-5-345, the county governing authority shall be authorized to appeal on the correctness of the commissioner's determi nation that such an assessment is due and the accuracy of the amount so assessed. (e) With respect to any specific penalty levied against the county by the commis sioner pursuant to paragraph (2) of subsection (a) of Code Section 48-5-346, the county

WEDNESDAY, MARCH 4, 1992

2095

______ _____; shall be authorized to appeal on the correctness of the commission er's determination that such a levy is due and the accuracy of the amount so levied.
W (f) Hearing officers provided for in this Code section shall be appointed by the State Board of Equalization. A hearing officer shall be assigned to hear appeals only from counties located wholly or partially in the congressional district in which the hear ing officer resides."
Section 9. Said chapter is further amended by striking Code Section 48-5-349.2, relating to procedures for appeals to the Department of Revenue, and inserting in its place a new Code Section 48-5-349.2 to read as follows:
"48-5-349.2. (a) (1) An appeal to the department shall be effected by a local gov erning authority by filing with the commissioner a notice of appeal within 30 days after receipt by the local board of tax assessors of the commissioner's notification of digest conditional approval or disapproval. The notice of appeal shall be accompanied by whatever records, reports, or other relevant information is required by rule or order of the commissioner. A copy ef the notice shall be furnished te the commissioner.
(2) Upon receipt of an appeal of a conditional approval order of the commissioner where the specific penalty and the withholding of state grants to the county provided by Code Section 48-5-346 shall otherwise be imposed, the commissioner shall be authorized to enter into an agreement with the county specifying a detailed plan in the form required by the commissioner to insure that the deficiencies in the digest will be corrected on or before the time of submission of the digest for the next succeeding digest review year. As a part of such agreement the commissioner shall be authorized to defer the imposition of all or part of the specific penalty and the withholding of state grants. Such deferral shall be predicated upon the county's detailed plans of cor rection being followed and where such a deferral has been agreed to by the commis sioner and the county, the amounts deferred shall be permanently waived by the commissioner provided the agreement is faithfully completed by the county. In the event, however, the county only partially completes the agreement with the commis sioner, the commissioner may, at his option, still allow all or a reduced amount of the specific penalty or withholding of funds to be waived if, in his judgment, the county's deviation from the original agreement was not unreasonable under the circumstances. (b) Within ten days of receipt of a notice of appeal, the hearing officer shall set the date for a hearing on the appeal. At the initial hearing the hearing officer may require additional hearings or filings of additional information by any person having custody of such information. In determining whether additional hearings are needed, the hearing officer shall consider the need for such hearings in the county making the appeal for the purpose of receiving information on local factors affecting the determination of prop erty valuations in the county. (c) (1) After hearing all testimony determined necessary and after reviewing all fil ings and information determined to be relevant and necessary, the hearing officer shall reach a decision. Each decision shall be rendered in writing.
(2) The decision shall: (A) Specifically decide each issue presented on appeal; and (B) Certify the date on which the notice of the decision is given.
(3) Each party to an appeal shall be furnished a copy of the decision within ten days after the issuance of the decision. (d) (1) The hearing officer shall be authorized to hear and grant an appeal with respect to a determination by the commissioner that a digest does not meet the requirements of subsection (a) of Code Section 48-5-343. The digest shall be deemed conditionally approved in any case where an appeal is granted under this paragraph.
(2) The hearing officer shall be authorized to hear and grant an appeal with respect to the adequacy of the time period which was available to the county to cor rect prior deficiencies in the digest. If an appeal is granted under this paragraph, the digest Stt&ll tec ft conditionflliy spproved digest tor purposes OT suoseQueni yesrs, out
digest yesr tflt Question, snd fto stfttfc lunds sfiflll tee witfiiield sts & resttrt ot ttic condi~ tional approval until a new digest is required te fee submitted the specific penalty and

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the withholding of state grants to the county provided by Code Section 48-5-346 shall not be imposed during the digest evaluation cycle in which the digest review year being appealed lies.
\o) v**/ it a county tax digest lor tnc preceding year was conditionally approved

ity an amount ccjual t tne Qiitcrcncc Dctwccn tnc amount tnc state s levy &t one-quarter ef a miH would have produced if the deficiencies in the digest had been actually used f-er collection purposes wiH produce. The commissioner shall notify the county ovemin fliiWionty Or tiic smount so flsscssed sft t triis flmount sfisil DC QUC time tor oppCQ.1 ii&9 expired OF UecemoeF zfu, wniciicver comes ister, di)u sriflll uesF interest at the rate specified in Code Section 48-2-40 from the dtte date.
(B) The hearing officer shall be authorized to hear and grant an appeal with respect to a determination of an additional amount due which is assessed by the commissioner pursuant to subsection (d) (b) of Code Section 48-5-345. If an appeal is granted under this subparagraph paragraph, the commissioner may be directed to withdraw the assessment of the additional state tax or recalculate it in accordance with the findings of the hearing officer." (4) The hearing officer shall be authorized to hear and grant an appeal with respect to a determination of a specific penalty which is levied by the commissioner pursuant to paragraph (2) of subsection (a) of Code Section 48-5-346. If an appeal is granted under this paragraph, the commissioner may be directed to withdraw the levy of the specific penalty or recalculate it in accordance with the findings of the hearing officer." Section 10. 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 begin ning on or after January 1, 1992. County tax digests that were conditionally approved or disapproved by the commissioner for tax year 1991 in accordance with Article 5A of Chap ter 5 of Title 48 of the Official Code of Georgia Annotated as it existed on January 1, 1992, shall be considered conditionally approved for each succeeding year beginning Janu ary 1, 1992, until such time as the first digest review year occurs for the county under the provisions of this Act. Section 11. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Smith of the 78th and Dover of the llth move to amend the Commit tee substitute to HB 1595 as follows:
On page 8 strike lines 25 through 32.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe

Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron

Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield

Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch

Y Breedlove Y Brooks Y Brown Y Brush Y Buck

WEDNESDAY, MARCH 4, 1992

2097

Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Curnmings,B
Cummings,M
Y Davis.D Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton

Fennel Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard
Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore
King Y Kingston

Y Klein YLadd Y Lane.D
Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock

Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T N Smith.W

Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J Y Walker.L
Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R 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 substi tute, as amended.

Representatives Thomas of the 69th and Simpson of the 70th stated that they inad vertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representative Lawrence of the 49th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1595.

Representative Coleman of the 118th District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker:

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

HR 878 Do Pass HR 879 Do Pass, as Amended HR 955 Do Pass HR 723 Do Pass

HR 843 Do Pass, as Amended SR 200 Do Pass HB 1129 Do Pass, by Substitute HB 1967 Do Pass

Respectfully submitted, /s/ Coleman of the 118th
Chairman

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

2098

JOURNAL OF THE HOUSE,

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 1423 Do Pass, by Substitute SB 578 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 28th
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 160 Do Pass HB 1485 Do Pass HB 1902 Do Pass HB 1847 Do Pass, by Substitute

SB 535 Do Pass SB 639 Do Pass SB 679 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 729 Do Pass, by Substitute HB 1611 Do Pass, as Amended SB 563 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
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 follow ing recommendations:
HB 1428 Do Pass HB 1256 Do Pass, by Substitute

WEDNESDAY, MARCH 4, 1992

2099

Respectfully submitted, 1st Royal of the 144th
Secretary

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.

2100

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, March 5, 1992

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The call of the roll was dispensed with.
Prayer was offered by the Reverend J. W. Cofer, Pastor, White Oak Baptist Church, Snellville, Georgia.
The members pledged allegiance to the flag.
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 intro duced, read the first time and referred to the committees:
HB 2008. By Representative Abernathy of the 39th: A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, so as to delete the provision prohibiting the mayor from succeeding himself more than once.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 2009. By Representative Abernathy of the 39th: A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for said city, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 5, 1992

2101

HB 2010. By Representatives Randall of the 101st, Lucas of the 102nd, Pinkston of the 100th and Groover of the 99th: A bill to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to provide for the board and its purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2011. By Representatives Watts of the 41st and Murphy of the 18th: A bill to amend an Act creating a Board of Commissioners for Paulding County, so as to provide that such board shall consist of five commissioners elected from commissioner districts with a chairman selected from among their number or, in the alternative, shall consist of three commissioners elected from the county at large.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2012. By Representatives Klein of the 21st, Coker of the 21st, Wilder of the 21st, Clark of the 20th, Cauthorn of the 20th and others: A bill to provide that the tax commissioner of Cobb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Cobb County to reimburse the county for the cost of collecting school taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2013. By Representatives Parrish of the 109th, Coleman of the 118th and Childers of the 15th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a loan program for certain midlevel health practitioners, physician assistants, and certified nurse midwives, who agree to practice medicine in targeted underserved rural areas of Georgia.
Referred to the Committee on Appropriations.

HB 2014. By Representatives Simpson of the 70th and Thomas of the 69th: A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relating to bonds and recognizances, so as to provide for the acceptance of certain persons as sure ties on bail bonds.
Referred to the Committee on Judiciary.

HB 2015. By Representatives Wilder of the 21st, Sherrill of the 47th, Ashe of the 25th, Klein of the 21st, Vaughan of the 20th and others: A bill to amend Code Section 3-3-24.1 of the Official Code of Georgia Anno tated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alcoholic beverages, so as to change the population figures describing counties prohibiting the entry of minors onto the premises of certain businesses engaged in the retail sale of alcoholic beverages unless accompanied by the minor's parent or guardian.
Referred to the Committee on Regulated Beverages.

2102

JOURNAL OF THE HOUSE,

HB 2016. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to provide a homestead exemption from all City of Kingsland ad valo rem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness, in the amount of $25,000.00 of the assessed value of the homestead for residents of the City of Kingsland who are 65 years of age or older and whose gross income does not exceed $25,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2017. By Representatives Dixon of the 151st and Blitch of the 150th: A bill to amend an Act providing a new charter for the City of Waycross, so as to authorize the judge of the police court to grant first offender proba tion treatment to persons charged with possession of one ounce or less of marijuana.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2018. By Representatives Williams of the 90th and Brush of the 83rd: 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 cen ters, so as to provide for records checks of the National Crime Information Center for all employees, prospective employees, and directors of day-care centers.
Referred to the Committee on Public Safety.

HB 2019. By Representative Jenkins of the 80th: A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, so as to provide for the appointment of a city manager.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2020. By Representative Jenkins of the 80th: A bill to amend an Act creating a board of commissioners for Jasper County, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2021. By Representative Jenkins of the 80th: A bill to amend an Act creating a board of commissioners of Jasper County, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2022. By Representative Jenkins of the 80th: A bill to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 5, 1992

2103

HB 2023. By Representative Jenkins of the 80th: A bill to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2024. By Representative Connell of the 87th: A bill to amend an Act providing a charter for the City of Augusta, so as to change the provisions limiting the succession in office of the mayor and council members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2025. By Representative Holland of the 136th: A bill to amend an Act establishing a State Court of Worth County, so as to change the salary of the judge of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2026. By Representatives Dixon of the 128th, Merritt of the 123rd, Pelote of the 127th, Hamilton of the 124th and Mueller of the 126th: A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1010. By Representative Holland of the 136th: A resolution designating the Scooterville 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 1996 HB 1997 HB 1998 HB 1999 HB 2000 HB 2001 HB 2002 HB 2003

HB 2004 HB 2005 HB 2006 HB 2007 HR 1008 HR 1009 SB 735 SB 763

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 1857 Do Pass SB 365 Do Pass, by Substitute

2104

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker: Your Committee on Natural Resources and Environment has had under consideration
the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 543 Do Pass, by Substitute Respectfully submitted,
/s/ Patten of the 149th Chairman

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

Mr. Speaker: Your Committee on Retirement has had under consideration the following Bills of the
House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 551 Do Pass, by Substitute SB 546 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 17th
Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bills
of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 847 Do Pass HB 1446 Do Pass
Respectfully submitted, Is,/ Randall of the 101st
Chairman

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

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

THURSDAY, MARCH 5, 1992

2105

HB 1913 Do Pass, as Amended HB 1973 Do Pass HB 1982 Do Pass HB 1986 Do Pass

SB 673 Do Pass HB 1945 Do Pass HB 1983 Do Pass Respectfully submitted, /s/ Lane of the 27th Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 5, 1992

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 29th Legislative Day as enu merated below:

HB 598 HB 1256 HB 1346 HB 1361 HB 1394 HB 1812 HB 1927 HB 1931 HB 1947

Local option sales tax; additional projects Amusement machines; sales tax exemption Insurance; unfair trade practices; definitions Georgia Folk Festival; designate as official state folk festival Environmental protection; Hazardous Site Response Act Local school systems; personnel; grievance procedures Mobile homes; decal violations; magistrate court enforce QBE; Youth Apprenticeship Program; establish Game and fish; catch-out pond; definition and provisions

HR 731 House St Hlth Benefit Plan Pharmacy Program Study Committee; create

SB 560 Employment security; error corrections; certain deletion

SR 477 Transportation Trust Fund; create - CA

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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

HB 1913.

By Representatives Groover of the 99th, Pinkston of the 100th, Elliott of the 103rd, Randall of the 101st and Birdsong of the 104th: A bill to amend an Act known as the "Macon-Bibb County Water and Sew erage Authority Act," so as to provide a consolidated charter for the author ity.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend HB 1913 as follows: 1. By striking from page 4 line 21 ":2" and inserting in lieu thereof "1". 2. By striking the period after "Bibb" on line 33 page 16 and inserting in lieu thereof a semi-colon and by striking all after word "Bibb;" on line 33 page 16 through "taxes;" on line 3 page 17.

2106

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 ayes were 129, nays 3. The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1973.

By Representative Streat of the 139th: A bill to amend an Act creating the charter for the City of Douglas, so as to continue the two-year term of office for city 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 129, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1982.

By Representative Skipper of the 116th: A bill to create a public body corporate and politic, and an instrumentality of the County of Sumter, to be known as the Sumter County Industrial 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 ayes were 129, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1986.

By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act creating the Newton County Water and Sewerage Authority, so as to raise the limit on the issuance of negotiable revenue bonds.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 129, nays 3. The Bill, having received the requisite constitutional majority, was passed.

SB 673. By Senator Thompson of the 33rd: A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to clarify the provisions of the city charter relat ing to the election of the two at-large city council positions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 129, nays 3. The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 5, 1992

2107

HB 1945.

By Representative Smith of the 78th: A bill to amend Code Section 48-5-40 of the Official Code of Georgia Anno tated, relating to definitions regarding ad valorem tax exemptions, so as to revise and change the population and census application of certain provisions including within the definition of homestead certain property in all counties of this state having a population of not less than 10,450 nor more than 10,650 according to the United States decennial census of 1970 or any future such census.

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

Abernathy Y Adams
Aiken Alford Y Ashe Y Atkins Baker Y Balkcom Y Barfoot Y Bargerun Harriett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Campbell Canty Y Carrell Y* Carter Y Cauthorn Y Chafin Y Chambless V Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M
Floyd.J.W Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin
Jackson Jamieson Jenkins Y Jones Y Kilgore YKing Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee Y Long YLord Y Lucas Y Mann Y Martin McBee Y McCoy Y McKelvey McKinney,B N McKinney.C Y Meadows Y Merritt Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M Orr Y Orrock Y Padgett Y Parham Y Parrish Patten Pelote Y Perry Pettit Y Pinholster Pinkston Poag Y Porter Y Poston Powell.A Y Powell.C Y Presley Y Purcell Randall YRay Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F V Stancil.S
Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Williams.B N Williams,J Y Williams.R Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 129, nays 3. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1983. By Representatives Powell of the 13th and Clark of the 13th: A bill to provide for homestead exemptions from Hart County ad valorem taxes for county purposes and from Hart County School District ad valorem taxes for educational purposes for certain residents of that county and 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:

2108

JOURNAL OF THE HOUSE,

Abernathy Y Adams
Aiken Alford Y Ashe Y Atkins Baker Y Balkcom Y Barfoot Y Bargeron Barnett,B Y Barnett.M Y Bates Y" Beatty Y Benetield Y Birdsong Y Blitch Bordeaux Y Bostick Y- Branch Y Breedlove \ Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Campbell Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chamhless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M
Floyd.J.W Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin
Jackson Jamieson Jenkins Y Jones Y Kilgore YKing Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee YLong Y Lord Y Lucas Y" Mann Y Martin McBee Y McCoy Y McKelvey McKinney.B N McKinney.C Y Meadows Y Merritt Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M Orr Y Orrock Y Padgett Y Parham Y Parrish Patten Pelote Y Perry Pettit Y Pinholster Pinkston Poag Y Porter Y Poston Powell.A Y Powell.C Y Presley Y Purcell Randall YRay Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson Y Sinkfield

Y Skipper Y Smith.L YY SSmmiitthh,,'!?' Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M
Thomas,N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,.] Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Williams.B N Williams,.] Y Williams.R Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 129, nays 3. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representatives Thomas of the 69th and Mills of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 576. By Representative Lord of the 107th: A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Anno tated, relating to funeral directors and embalmers, so as to modify the provi sions for registration of apprenticeship.

HB 1039.

By Representatives Dixon of the 128th, Kilgore of the 42nd and Watson of the 114th: 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.

THURSDAY, MARCH 5, 1992

2109

HB 1865.

By Representatives Milam of the 81st and Davis of the 77th: A bill to provide for homestead exemptions from Troup County ad valorem taxes for county purposes and from Troup County School District ad valorem taxes for educational purposes for certain residents of that county and school district.

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

HB 1210. By Representatives Golden of the 148th, Wall of the 61st and Flynt of the 75th: A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to prohibit loan brokers from performing cer tain acts; to provide definitions; to provide for the responsibility of princi pals; to provide for investigations, cease and desist orders, and hearing procedures with respect to loan brokers.

HB 1392. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to establish certain new licenses and tags; to increase the fees for certain licenses and stamps; to change the duration of certain licenses; to abolish certain licenses and permits; to amend Code Sec tion 52-7-5, relating to the numbering of vessels using the waters of this state, so as to change the fees for registering boats.

HB 1731.

By Representative Dobbs of the 74th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Newton County during designated regis tration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

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

SB 615. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others: A bill to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change the state policy regarding fair housing; to change the definition of a certain term; to define an additional term; to further define what discrimination includes with regard to handicapped persons; to change certain provisions relating to the powers and duties of the administrator.

SB 751. By Senators Henson of the 55th and Walker of the 43rd: A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Anno tated, relating to victim compensation, so as to revise various provisions so as the State of Georgia may continue to be eligible for federal funds.

2110

JOURNAL OF THE HOUSE,

HB 588. By Representatives Oliver of the 121st, Murphy of the 18th, Groover of the 99th, Bostick of the 138th, Poston of the 2nd and others: A bill to amend Code Section 47-2-266 of the Official Code of Georgia Anno tated, relating to membership of certain judicial employees in the Employees' Retirement System of Georgia, so as to provide for additional judicial employees; to authorize creditable service for certain prior service.

HB 1229.

By Representatives Cummings of the 17th and Floyd of the 135th: A bill to amend Article 1 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Municipal Employees Benefit System, so as to authorize the employees of certain local authorities to participate in such system.

HB 1283.

By Representatives Pettit of the 19th, Watson of the 114th, Wilder of the 21st and Holmes of the 28th: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to provide that trust or escrow accounts maintained by real estate brokers shall be federally insured and may be interest bearing.

HB 1287.

By Representatives Cummings of the 17th, McBee of the 68th, Lane of the 27th and Jamieson of the llth: A bill to amend Code Section 20-3-411 of the Official Code of Georgia Anno tated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school".

HB 1434.

By Representative Dixon of the 151st: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain exceptions to the requirements for licensing hearing aid dealers and dispensers and speechlanguage pathologists and audiologists.

HB 1612.

By Representative Groover of the 99th: A bill to amend Part 5 of Article 1 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to the execution of corporate documents, and Article 1 of Chapter 5 of Title 14 of the Official Code of Georgia Anno tated, relating to miscellaneous provisions relating to corporation, so as to create a presumption of authority when the president or vice-president of a corporation executes a document and that document is attested to by the secretary, assistant secretary, or other officer to whom such responsibility has been delegated.

SB 785. By Senators Thompson of the 33rd, Clay of the 37th, Newbill of the 56th and others: A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to clarify the purpose of this Act; to pro vide for the life of a district and for procedures to extend the life of a dis trict.

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HB 1320. By Representative Barnett of the 10th: A bill to amend an Act creating a board of commissioners of Forsyth County, so as to change the composition of the districts from which the members of the board are elected.

HB 1364.

By Representative McKinney of the 35th: A bill to repeal an Act approved April 4, 1991, providing that in Fulton County a residential property developer or builder shall obtain a certificate of approval from a registered engineer before building or developing within 500 feet of any lake in a residential area.

HB 1720. By Representative Smith of the 156th: A bill to provide for a board of elections for Mclntosh County.

HB 1862.

By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from stag gered to concurrent.

HB 1903. By Representatives Stancil of the 8th and Pinholster of the 8th: A bill to provide a new charter for the City of Nelson.

HB 1911. By Representative Beatty of the 12th: A bill to provide a homestead exemption from all Jackson County and Jack son County School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that county and school district who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over.

SB 738. By Senator Dawkins of the 45th: A bill to amend an Act providing that in certain counties the governing authorities thereof shall adopt a uniform central accounting and bookkeeping system so as to change certain population brackets; to change the provisions relating to applicability; to provide that the term "population bill" shall not include a certain type bill; to provide an effective date.

SB 739. By Senators Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd: A bill to amend an Act abolishing the office of county treasurer in counties having a population of more than 400,000 according to the last or any future federal decennial census so as to repeal said Act.

SB 740. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 21-3-134 of the Official Code of Georgia Anno tated, relating to municipalities' lists of electors, so as to change the popula tion figures describing those counties in which registered voters residing within certain municipalities shall be added to the municipality's voter regis tration list.

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SB 741. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 20-2-51 of the Official Code of Georgia Anno tated, relating to members of county school boards, so as to change the popu lation figures describing the counties in which a vacancy on the county board of education is created when a member of the county board qualifies for nomination or election to any other elective governmental office.

SB 742. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend an Act authorizing boards of education of certain cities and counties to establish, operate, and pay the cost of schools on a 24 hour basis so as to revise the population figures describing the cities and counties affected by such Act.

SB 743. By Senators Ragan of the 32nd, Clay of the 37th, Thompson of the 33rd and others: A bill to amend Code Section 36-5-22 of the Official Code of Georgia Anno tated, relating to authorizing county managers, so as to change the popula tion figure describing counties in which the county governing authority or the General Assembly is not authorized to create the office of county manager.

SB 748. By Senator Thompson of the 33rd: A bill to amend an Act restricting the rezoning of land annexed by munici palities within certain counties so as to revise the population figures describ ing the counties to which such Act applies.

SB 749. By Senator Thompson of the 33rd: A bill to amend Code Section 20-8-1 of the Official Code of Georgia Anno tated, relating to definitions of terms relating to campus police officers, so as to change the population figure describing counties in which an expanded definition of "campus" applies.

SB 750. By Senator Baldwin of the 29th: A bill to amend Code Section 35-8-19 of the Official Code of Georgia Anno tated, relating to the appointment of a citizen of an adjoining state as a peace officer in certain cities, so as to remove the population figures.

SB 753. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 53-6-90 of the Official Code of Georgia Anno tated, relating to appointment of county administrator and assistant county administrators, so as to change the population figure describing counties in which the judge of the probate court is authorized to appoint one or more assistant county administrators.

SB 754. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 21-3-133 of the Official Code of Georgia Anno tated, relating to purging of a municipality's list of electors, so as to change the population figures describing the counties which encompass municipali ties which shall affix postage to return cards for continuance of registration.

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SB 758. By Senator Starr of the 44th: A bill to repeal an Act fixing the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300 so as to repeal said Act.

HB 1231.

By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Anno tated, relating to development authorities, so as to update certain population figures relating to the authority of certain boards of directors of development authorities.

HB 1558.

By Representatives Brush of the 83rd, Griffin of the 6th, Mann of the 6th, Poag of the 3rd, Thomas of the 69th and others: A bill to repeal an Act providing for a board of elections in certain counties.

HB 1645.

By Representatives Jackson of the 9th, Orr of the 9th and Lawson of the 9th: A bill to amend Code Section 40-13-21 of the Official Code of Georgia Anno tated, relating to general powers and jurisdiction of probate and municipal courts in traffic cases, so as to repeal the authority of the clerk of the supe rior court in certain counties to attend probate court in traffic cases.

HB 1652.

By Representatives Bates of the 141st, Murphy of the 18th, Streat of the 139th, Barnett of the 10th, Purcell of the 129th and others: A bill to amend an Act to abolish the office of county treasurer in counties having a population of not less than 25,250 and not greater than 28,250 according to the U. S. Census of 1960 or any such future census, so as to repeal said Act.

HB 1818.

By Representatives Watson of the 114th and Walker of the 115th: A bill to amend an Act providing for a board of elections in counties having a population of not less than 60,000 and not more than 65,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

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

SB 615. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others: A bill to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change the state policy regarding fair housing; to change the definition of a certain term; to define an additional term; to further define what discrimination includes with regard to handicapped persons; to change certain provisions relating to the powers and duties of the administrator.
Referred to the Committee on Human Relations & Aging.

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SB 738. By Senator Dawkins of the 45th: A bill to amend an Act providing that in certain counties the governing authorities thereof shall adopt a uniform central accounting and bookkeeping system so as to change certain population brackets; to change the provisions relating to applicability; to provide that the term "population bill" shall not include a certain type bill; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 739. By Senators Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd: A bill to amend an Act abolishing the office of county treasurer in counties having a population of more than 400,000 according to the last or any future federal decennial census so as to repeal said Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 740. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 21-3-134 of the Official Code of Georgia Anno tated, relating to municipalities' lists of electors, so as to change the popula tion figures describing those counties in which registered voters residing within certain municipalities shall be added to the municipality's voter regis tration list.
Referred to the Committee on Governmental Affairs.

SB 741. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 20-2-51 of the Official Code of Georgia Anno tated, relating to members of county school boards, so as to change the popu lation figures describing the counties in which a vacancy on the county board of education is created when a member of the county board qualifies for nomination or election to any other elective governmental office.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 742. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend an Act authorizing boards of education of certain cities and counties to establish, operate, and pay the cost of schools on a 24 hour basis so as to revise the population figures describing the cities and counties affected by such Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 743. By Senators Ragan of the 32nd, Clay of the 37th, Thompson of the 33rd and others: A bill to amend Code Section 36-5-22 of the Official Code of Georgia Anno tated, relating to authorizing county managers, so as to change the popula tion figure describing counties in which the county governing authority or the General Assembly is not authorized to create the office of county manager.
Referred to the Committee on State Planning & Community Affairs - Local.

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SB 748. By Senator Thompson of the 33rd: A bill to amend an Act restricting the rezoning of land annexed by munici palities within certain counties so as to revise the population figures describ ing the counties to which such Act applies.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 749. By Senator Thompson of the 33rd: A bill to amend Code Section 20-8-1 of the Official Code of Georgia Anno tated, relating to definitions of terms relating to campus police officers, so as to change the population figure describing counties in which an expanded definition of "campus" applies.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 750. By Senator Baldwin of the 29th: A bill to amend Code Section 35-8-19 of the Official Code of Georgia Anno tated, relating to the appointment of a citizen of an adjoining state as a peace officer in certain cities, so as to remove the population figures.
Referred to the Committee on Public Safety.

SB 751. By Senators Henson of the 55th and Walker of the 43rd: A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Anno tated, relating to victim compensation, so as to revise various provisions so as the State of Georgia may continue to be eligible for federal funds.
Referred to the Committee on Appropriations.

SB 753. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 53-6-90 of the Official Code of Georgia Anno tated, relating to appointment of county administrator and assistant county administrators, so as to change the population figure describing counties in which the judge of the probate court is authorized to appoint one or more assistant county administrators.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 754. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 21-3-133 of the Official Code of Georgia Anno tated, relating to purging of a municipality's list of electors, so as to change the population figures describing the counties which encompass municipali ties which shall affix postage to return cards for continuance of registration.
Referred to the Committee on Governmental Affairs.

SB 758. By Senator Starr of the 44th: A bill to repeal an Act fixing the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300 so as to repeal said Act.
Referred to the Committee on State Planning & Community Affairs - Local.

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SB 785. By Senators Thompson of the 33rd, Clay of the 37th, Newbill of the 56th and others: A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to clarify the purpose of this Act; to pro vide for the life of a district and for procedures to extend the life of a dis trict.
Referred to the Committee on State Planning & Community Affairs - Local.

Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the Senate was taken up for consideration and read the third time:

SR 477. By Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th: A resolution proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund from which funds shall be disbursed for transportation purposes; to provide for payments into the fund and disbursements therefrom; to provide that moneys in the fund shall not lapse; to provide for the submission of this amendment for ratification or rejection.

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 Abernathy Y Adams N Aiken
Alford Y Ashe N Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush Y Buck Y Buckner
Byrd Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M
Davis.D Y Davis.G
Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards N Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King N Kingston Y Klein N Ladd Y Lane.D N Lane.R E Langford N Lawrence Y Lawson YLee YLong Y Lord Y Lucas N Mann Y Martin Y McBee
McCoy Y McKelvey Y McKinney.B
McKinney.C N Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield

On the adoption of the Resolution, the ayes were 136, nays 18.

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith,W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus N Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker ,J Y Walker.L Y Wall Y Watson Y Watts
White N Wilder
Williams.B Y Williams.J N Williams.R Y Yeargin
Murphy.Spkr

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

Representatives Thomas of the 69th, Pettit of the 19th, McCoy of the 1st and Morsberger of the 62nd stated that they had been called from the floor of the House dur ing the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, SR 477 was ordered immediately transmitted to the Senate.

By unanimous consent, HB 1451 was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Regulated Beverages.

By unanimous consent, HB 1708 was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Regulated Beverages.

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

Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the
House and has instructed me to report the same back to the House with the following rec ommendation:
HR 996 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 996. By Representative Abernathy of the 39th: A resolution honoring Imam W. Deen Mohammed and inviting him to appear before the House of Representatives.

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 com mittees:
HB 2027. By Representatives Cauthorn of the 20th, Vaughan of the 20th, Coker of the 21st, Atkins of the 21st, Aiken of the 21st and others: A bill to amend Code Section 31-3-2 of the Official Code of Georgia Anno tated, relating to the composition of county boards of health, so as to revise the population figures describing the counties in which the superintendent of the largest municipal school system in the county serves on the county board of health in an ex officio capacity.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 2028. By Representatives Coleman of the 118th, Teper of the 46th and Mills of the 20th: A bill to amend Code Section 48-6-21 of the Official Code of Georgia Anno tated, relating to the classification of intangible personal property, so as to provide that computer software shall be classified as intangible personal property for the purpose of ad valorem taxation.
Referred to the Committee on Ways & Means.

HB 2029. By Representatives Smyre of the 92nd and Brown of the 88th: A bill to amend Chapter 22 of Title 45, known as the "Public Employee Haz ardous Chemical Protection and Right to Know Act of 1988," so as to trans fer the administration of such Act from the Department of Labor to the state merit system.
Referred to the Committee on Industrial Relations.

HB 2030. By Representatives Ray of the 98th and Jenkins of the 80th: A bill to amend an Act creating a board of commissioners of roads and reve nues for Peach County, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2031. By Representatives Ray of the 98th and Jenkins of the 80th: A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Crawford County, so as to reapportion the commissioner dis tricts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2032. By Representative Dunn of the 73rd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the regulation of title insurance.
Referred to the Committee on Insurance.

HB 2034. By Representatives Redding of the 50th and Valenti of the 52nd: A bill to amend Code Section 48-5-353 of the Official Code of Georgia Anno tated, relating to the basis for fair market value of property subject to both municipal and county taxation, so as to provide that in certain counties hav ing different municipal and county property assessments, the state revenue commissioner may designate which assessment shall be used for purposes of calculating municipal ad valorem taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2037. By Representatives Walker of the 113th, Jenkins of the 80th, Holland of the 136th, Walker of the 115th, Skipper of the 116th and others: A bill to amend Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to the appointment and qualification of adminis trators and executors, so as to provide for the appointment of a temporary administrator or officer to preserve the estate of a deceased person which is unrepresented or not likely to be represented.
Referred to the Committee on Special Judiciary.

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HR 1017. By Representatives Royal of the 144th and Powell of the 145th: A resolution consenting to the annexation of certain state owned real prop erty located in Colquitt County into the corporate limits of the City of Moultrie.
Referred to the Committee on State Institutions & Property.

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

HB 1394.

By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Anno tated, relating to the Environmental Protection Division, so as to provide for instances when persons are not aggrieved or adversely affected, and to pro vide for disposition of certain moneys and civil penalties collected by the division.

The following Committee substitute was read:

A BILL To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain internal references; to provide for instances when persons are not aggrieved or adversely affected by certain orders; to provide for dis position of certain moneys and civil penalties collected by the Environmental Protection Division; to authorize the director of the division to collect and disburse certain fees and funds; to provide for a solid waste disposal surcharge; to enact the "Georgia Hazardous Site Response Act"; to provide a statement of legislative policy; to require furnishing to the director of the division information concerning releases of hazardous wastes, hazardous constituents, and hazardous substances; to provide for exceptions; to provide for priorities in hazardous waste prevention and management; to define certain terms; to amend the powers and duties of the director; to provide for rules and regulations; to amend financial responsibility requirements for corrective action for sites with releases of hazardous wastes, hazardous constituents, or hazardous substances; to provide a fee schedule for the manage ment and importation of hazardous waste; to provide penalties for failure to pay such fees; to provide that such fees shall not be collected in certain circumstances; to provide for the duration of such fees; to create an incentive for hazardous waste generators to reduce or eliminate the amount of hazardous wastes generated; to amend the sources of funding, size, and administration of the hazardous waste trust fund and the purposes for which it may be expended; to provide a cost recovery mechanism so that state expenditures from the hazardous waste trust fund are recovered and voluntary private party remediation is encouraged; to provide for limitation of action; to provide for immunity; to limit the liabil ity of persons engaged in cleanup of sites; to provide defenses to such liability; to provide for annual publication of an inventory that identifies sites where hazardous wastes, hazard ous constituents, or hazardous substances have been released; to provide for notice to grantees and potential grantees of property where hazardous wastes, hazardous constitu ents, or hazardous substances were released; to provide for related matters; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conserva tion and natural resources, is amended by striking in its entirety paragraph (3) of subsec tion (c) of Code Section 12-2-2, relating to the Environmental Protection Division,

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inserting a new paragraph (3), and adding a new subsection (e) at the end thereof to read as follows:
"(3) (A) Persons are 'aggrieved or adversely affected/ except as set forth in subparagraph (B) of this paragraph, where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the director is empowered to admin ister and enforce. In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.
(B) Persons are not aggrieved or adversely affected by the listing of property in the hazardous site inventory in accordance with Code Section 12-8-97, nor are persons aggrieved or adversely affected by an order of the director issued pursuant to Part 2 of Article 3 of Chapter 8 of this title, the 'Georgia Hazardous Site Response Act,' unless or until the director seeks to recover response costs, enforce the order, or recover a penalty for violation of such order; provided, however, that persons are aggrieved or adversely affected if the director refuses to remove property in which such person has an interest from the hazardous site inventory pursuant to the proce dures set forth in subsection Of) of Code Section 12-8-97 and in accordance with rules and regulations promulgated by the board." "(e) Where this title does not otherwise specify the disposition of moneys collected by the division pursuant to an order issued by the director or the disposition of civil penalties collected by the division, such moneys and civil penalties shall be deposited in the state treasury to the credit of the general fund but shall be available for appropri ation by the General Assembly to the department for inclusion in the hazardous waste trust fund continued in existence by subsection (a) of Code Section 12-8-95 in keeping with the legislative intent expressed in subsection (b) of Code Section 12-8-91." Section 2. Said title is further amended by striking paragraph (34) of Code Section 12-8-22, relating to definitions relative to solid waste management, and inserting in lieu thereof the following: "(34) 'Special solid waste' means any solid waste not otherwise regulated under Part 1. of Article 3 of this chapter, known as the 'Georgia Hazardous Waste Management Act,' and regulations promulgated under such article part originating or produced from or by a source or generator not subject to regulation under Code Section 12-8-24." Section 3. Said title is further amended by striking the word "and" at the end of paragraph (17) of subsection (a) 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 Nat ural Resources; by renumbering paragraph (18) of such subsection as paragraph (19); and by adding a new paragraph (18) to read as follows: "(18) To collect and disburse all fees and funds authorized or imposed by this article; and". Section 4. Said title is further amended by inserting at the end of Code Section 12-8-39, relating to cost reimbursement fees, the following: "(e) After July 1, 1992, owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a pri vate industry solid waste disposal facility shall assess and collect on behalf of the divi sion from each disposer of waste a surcharge of 50<t per ton of solid waste disposed. Surcharges assessed and collected on behalf of the division shall be paid to the division on July 1, 1993, for the period July 1, 1992, through December 31, 1992. All subsequent payments shall be due on the first day of July of each year for the preceding calendar year. (f) All surcharges required by subsection (e) of this Code section shall be paid to the division for transfer into the state treasury to the credit of the general fund. The divi sion shall collect such fees until the unencumbered principal balance of the hazardous

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waste trust fund equals or exceeds $25 million, at which time the division shall not col lect any further such surcharges until the unencumbered balance in such fund equals or is less than $12.5 million, at which time the division shall resume collection of such surcharges at the beginning of the next calendar year following the year in which such event occurs. The director shall provide written notice to all permitted solid waste dis posal facilities at the time he receives notice that the unencumbered balance of such trust fund equals or exceeds $25 million or equals or is less than $12.5 million.
(g) Unless the requirement for the surcharge required by subsection (e) of this Code section is reimposed by the General Assembly, no such surcharge shall be collected after July 1, 2003.
(h) The division shall advertise to the public the surcharges imposed pursuant to subsection (e) of this Code section in accordance with rules promulgated by the board."
Section 5. Said title is further amended by striking in its entirety Article 3 of Chap ter 8, the "Georgia Hazardous Waste Management Act," and inserting in lieu thereof the following:
"ARTICLE 3 Part 1
12-8-60. This article part shall be known as and may be cited as the 'Georgia Haz ardous Waste Management Act.'
12-8-61. It is declared to be the public 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 com prehensive state-wide program for the management of hazardous wastes through the reg ulation of the generation, transportation, storage, treatment, and disposal of hazardous wastes.
12-8-62. As used in this article part, the term: (1) 'Board' means the Board of Natural Resources of the State of Georgia. (2) 'Designated hazardous waste" means any solid waste identified as such in regu
lations promulgated by the board. The board may identify as 'designated hazardous waste' any solid waste which the board concludes is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed, based on the factors set forth in regulation's promulgated by the administrator of the United States Envi ronmental Protection Agency pursuant to the federal act which are codified as 40 C.F.R. Section 261.11(a)(3), in force and effect on February 1, 1991, if such solid waste contains any substance which is listed on any one or more of the following lists:
(A) List of Hazardous Constituents, codified as 40 C.F.R. Part 261, Appendix VIII, in force and effect on February 1, 1991;
(B) Ground-water Monitoring List, codified as 40 C.F.R. Part 264, Appendix IX, in force and effect on February 1, 1991;
(C) List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R. Table 302.4, and all appendices thereto, in force and effect on February 1, 1991;
(D) List of Regulated Pesticides, codified as 40 C.F.R. Part 180, in force and effect on February 1, 1991;
(E) List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R. Part 355, Appendix A, in force and effect on Feb ruary 1, 1991; or
(F) List of Chemicals and Chemical Categories, codified as 40 C.F.R. Part 372.65 in force and effect on February 1, 1991. (3) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (4) 'Disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environ ment or be emitted into the air or discharged into any waters, including ground waters.

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(5) 'Division' means the Environmental Protection Division of the Department of Natural Resources.
(6) 'Federal act' means the federal Solid Waste Disposal Act, as amended, particu larly by the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Section 6901, et seq.), as amended, particularly by but not limited to the Used Oil Recycling Act of 1980 (Public Law 96-463), the Solid Waste Disposal Act Amend ments of 1980 (Public Law 96-482), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510), the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), and the Superfund Amend ments and Reauthorization Act of 1986 (Public Law 99-499), as amended.
(7) 'Final disposition' means the location, time, and method by which hazardous waste loses its identity or enters the environment, including, but not limited to, dis posal, disposal site closure and post closure, resource recovery, and treatment.
(8) 'Guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to this article.
(9) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on Febru ary 1, 1991, codified as Appendix VIII to 40 C.F.R. Part 261 Identification and List ing of Hazardous Waste.
(10) 'Hazardous waste' means any solid waste which has been defined as a hazard ous waste in regulations promulgated by the administrator of the United States Envi ronmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1991, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste.
(11) 'Hazardous waste facility' means any property or facility that is intended or used for storage, treatment, or disposal of hazardous waste.
(12) 'Hazardous waste generation' means the act or process of producing hazardous waste.
(13) 'Hazardous waste management' means the systematic recognition and control of hazardous wastes from generation to final disposition or disposal, including, but not limited to, identification, containerization, labeling, storage, collection, source separa tion, transfer, transportation, processing, treatment, facility closure, post closure, per petual care, resource recovery, and disposal.
(14) 'Land disposal' means any placement of hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave.
(15) 'Large quantity generator' means a hazardous waste generator who generates 2.2 pounds or more of acute hazardous waste or 2,200 pounds or more of hazardous waste in one month, as defined in the Rules for Hazardous Waste Management, Chap ter 391-3-11, of the Board of Natural Resources.
(16) 'Manifest' means a form or document used for identifying the quantity and composition, and the origin, routing and destination, of hazardous waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage.
(17) 'Organization' means a legal entity, other than a government agency or author ity, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.
(18) 'Person' means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, municipality, commis sion, or political subdivision, or any agency, board, department, or bureau of this state or of any other state or of the federal government.
(19) 'Serious bodily injury' means a bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigure ment, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

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(20) 'Solid waste' means solid waste as defined by regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1991, codified as 40 C.F.R. Sections 261.1, 261.2(a)-(d), and 261.4(a).
(21) 'Storage' means the containment or holding of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute dis posal of such hazardous waste.
(22) 'Transport' means the movement of hazardous waste from the point of genera tion to any point of final disposition, storage, or disposal, including any intermediate point.
(23) 'Treatment' means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safe for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous.
(24) 'Waste reduction' means a practice, other than dewatering, dilution, or evapo ration, by an environmental waste generator, including changes in production technol ogy, materials, processes, operations or procedures or use of in-process, in-line, or closed loop recycling according to standard engineering practices, that reduces the environmental and health hazards associated with waste without diluting or concen trating the waste before release, handling, storage, transport, treatment, or disposal of the waste. The term does not include a practice applied to environmental waste after it is generated and exits a production or commercial operation. Waste reduction shall not in any way be inferred to promote, include, or require:
(A) Waste burning in industrial furnaces, boilers, or cement kilns; (B) Transfer of an environmental waste from one environmental medium to another environmental medium (otherwise known as waste shifting); (C) Conversion of a potential waste into another form for use in a production process or operation without serving any substantial productive function; (D) Off-site waste recycling; or (E) Any other method of end-of-pipe management of environmental wastes. 12-8-63. The division shall be the state agency to administer this article. The direc tor shall be the official charged with the primary responsibility for the enforcement of this article. In exercising any authority or power granted by this article and in fulfilling his duties hcreundcr under this article, the director shall conform to and implement the policies outlined in this article. 12-8-64. In the performance of its duties, the board shall have and may exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal rules and regulations to imple ment and enforce the provisions of this article as the board may deem necessary to provide for the control and management of hazardous waste to protect the environ ment and the health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this article. The rules and regulations shall include, but shall not be limited to, the following: (A) Rules and regulations governing and controlling standards applicable to haz ardous waste generators, hazardous waste transporters, and owners or operators of hazardous waste treatment, storage, or disposal facilities. These rules and regula tions may include measures to ensure that hazardous waste management practices are regulated, governed, and controlled in the public interest. Such measures may include, but shall not be limited to:
(i) The establishment of record-keeping procedures; (ii) Requirements calling for the submission of reports to the director; and (iii) The establishment of monitoring practices; (B) Rules and regulations governing and controlling the treatment, storage, and disposal of hazardous waste;

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(C) Rules and regulations specifying the terms, provisions, and conditions under which the director shall issue, modify, amend, revoke, or deny permits pursuant to this article;
(D) Rules and regulations governing and controlling hazardous waste manage ment;
(E) Rules and regulations establishing procedures and requirements for the reporting of the generation of hazardous wastes and governing and controlling the activities of hazardous waste generators;
(F) Rules and regulations establishing standards and procedures for the opera tion and maintenance of hazardous waste facilities;
(G) Rules and regulations establishing the use of a manifest during the genera tion and handling of hazardous wastes;
(H) Rules and regulations establishing procedures to ensure public access to records and to ensure protection of trade secrets and confidential information, the disclosure of which to the director is required by this article or the rules and regula tions adopted under this article;
(I) Rules and regulations establishing procedures and requirements for the use and disposition of hazardous waste or hazardous constituents;
(J) Rules and regulations deleting certain solid wastes from the definition of hazardous waste;
(K) Rules and regulations exempting from some or all regulation certain small quantities of hazardous waste;
(L) Rules and regulations exempting from some or all regulation certain hazard ous wastes that are recyclable; and
(M) Rules and regulations designating certain solid wastes as designated hazard ous wastes; and (2) Take all necessary steps to ensure the effective enforcement of this article. 12-8-65. (a) The director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this article and all rules and regulations, orders, or permits promulgated or issued hereunder; (2) To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to hazardous waste management practices in this state as he deems advisable and necessary; (3) To issue all permits contemplated by this article, stipulating in each permit the conditions or limitations under which such permit is issued, and to deny, revoke, mod ify, or amend such permits; (4) To make investigations, analyses, and inspections to determine and ensure compliance with this article, the rules and regulations promulgated hereunder, and any permits or orders which the director may issue; (5) To enter into such contracts as may be required or necessary to effectuate this article or the rules and regulations promulgated under this article; (6) To prepare, develop, amend, modify, submit, and enforce any comprehensive plan or program sufficient to comply with this article or the federal act, or both, for the control, regulation, and monitoring of hazardous waste management practices in this state; (7) To develop and implement plans to achieve goals and objectives set by any comprehensive plan or program; (8) To conduct such public hearings as are required by this article or as he deems necessary for the proper administration of this article and to control and manage the conduct and procedure for such public hearings; (9) To advise, consult, cooperate, and contract on hazardous waste management matters with other agencies of this state, political subdivisions thereof, and other des ignated organizations or entities, and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other states and the United States

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and their several agencies, subdivisions, or designated organizations or entities, pro vided that nothing in this article shall authorize the division to own or operate a haz ardous waste storage, treatment, or disposal facility;
(10) To collect and disseminate information and to provide for public notification in matters relating to hazardous waste management;
(11) To issue, amend, modify, or revoke orders as may be necessary to ensure and enforce compliance with this article and all rules or regulations promulgated hereunder;
(12) To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative, civil, or criminal proceedings to enforce this article, the rules and regulations promulgated hereunder, or any orders or permits issued hereunder;
(13) To accept, receive, administer, or disburse grants from public or private sources for the purpose of the proper administration of this article or for the purpose of carrying out any of the duties, powers, or responsibilities hereunder;
(14) To grant variances in accordance with this article and the rules and regulations promulgated hereunder, provided that such variances are not inconsistent with the federal act and rules or regulations promulgated thereunder;
(15) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article;
(16) To assure that the State of Georgia complies with the federal act and retains maximum control thereunder and receives all desired federal grants, aid, and other benefits;
(17) To require any person who is generating, transporting, treating, storing, or dis posing of hazardous waste to notify the division in writing, within a reasonable num ber of days which the director shall specify, of the location and general description of such activity and identifying the hazardous waste handled, and any other informa tion which may be deemed relevant, under such conditions as the director may pre scribe;
(18) To maintain an inventory of hazardous wastes within the state, including such information as location, identity, quantity, method of storage, rate of accumulation, disposal practices, and any other information which the director may deem necessary to administer and enforce this article;
(19) To exclude from regulation under this article the solid waste at any particular generating facility if it is determined that such solid waste does not pose a danger to human health or the environment;
(20) To establish hazardous waste management standards for the state, provided that they are in all cases not less stringent than those standards provided by the fed eral act;
(21) To take all necessary steps to ensure that the administration of this article is consistent with and equivalent to the provisions of the federal act and any standards, rules, or regulations promulgated thereunder toward the end that the State of Georgia shall have maximum control over hazardous waste management practices in this state; and
(22) To exercise all incidental powers necessary to carry out the purposes of this article. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as he deems necessary and proper. 12-8-65.1. (a) By not later than March 1, 1992, large quantity hazardous waste gen erators shall develop hazardous waste reduction plans and submit such plans to the director. At a minimum, the plans shall include:
(1) A written policy articulating upper management and corporate support for the generator's hazardous waste reduction plan and a commitment to implement plan goals;
(2) The scope and objectives of the plan, including the evaluation of technologies, procedures, and personnel training programs to ensure unnecessary hazardous waste

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is not generated and specific goals for hazardous waste reduction, based on what is technically and economically practical;
(3) Internal analysis of hazardous waste streams, with periodic hazardous waste reduction assessments, to review individual processes or facilities and other activities where hazardous waste may be generated and identify opportunities to reduce or elim inate hazardous waste generation. Such assessments shall evaluate data on the types, amount, and hazardous constituents of hazardous waste generated, where and why that hazardous waste was generated within the production process or other operations, and potential hazardous waste reduction and recycling techniques applicable to those hazardous wastes;
(4) Hazardous waste accounting systems that identify hazardous waste manage ment costs and factor in liability, compliance, and oversight costs to the extent techni cally and economically practical;
(5) Employee awareness and training programs to involve employees in hazardous waste reduction planning and implementation to the maximum extent feasible;
(6) Institutionalization of the plan to ensure an ongoing effort as demonstrated by incorporation of the plan into management practice and procedures; and
(7) Implementation of technically and economically practical hazardous waste reduction options, including a plan for implementation. (b) As part of each hazardous waste reduction plan developed under subsection (a) of this Code section, each large quantity hazardous waste generator shall establish spe cific performance goals for the reduction of hazardous waste. Wherever technically and economically practical, the specific performance goals established under this subsection shall be expressed in numeric terms. If the establishment of numeric performance goals is not practical, the performance goals shall include a clearly stated list of objectives designed to lead to the establishment of numeric goals as soon as practical. Each large quantity hazardous waste generator shall explain the rationale for each performance goal. The rationale for a particular performance goal shall address any impediments to hazardous waste reduction, including but not limited to the following:
(1) The availability of technically practical hazardous waste reduction methods, including any anticipated changes in the future;
(2) Previously implemented reductions of hazardous waste; and (3) The economic practicability of available hazardous waste reduction methods, including any anticipated changes in the future. (c) Examples of situations where hazardous waste reduction may not be economically practical as provided for in paragraph (3) of subsection (b) of this Code section include but are not limited to: (1) For valid reasons of priority, a particular company may choose first to address other more serious hazardous waste reduction concerns; (2) Necessary steps to reduce hazardous waste are likely to have significant adverse impacts on product quality; or (3) Legal or existing contractual obligations interfere with the necessary steps that would lead to hazardous waste reduction. (d) All large quantity hazardous waste generators shall complete biennially a hazard ous waste reduction progress report. A biennial progress report shall: (1) Analyze and quantify progress made, if any, in hazardous waste reduction, rela tive to each performance goal established under subsection (b) of this Code section; and (2) Set forth amendments to the hazardous waste reduction plan and explain the need for the amendments. (e) The board may adopt and promulgate such rules and regulations as may be nec essary to further define and implement the provisions of this Code section and Code Section 12-8-65.2, provided such rules and regulations are supplemental to and not in conflict with this Code section and Code Section 12-8-65.2.
12-8-65.2. (a) All large quantity hazardous waste generators shall complete and sub mit to the director a hazardous waste reduction plan on or before March 1, 1992. The plans shall be updated and progress reported on a biennial basis thereafter. The first

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updated biennial report shall be due in 1994 and shall be submitted to the director as prescribed in rules or regulations adopted by the board.
(b) Subject to available funding, the Georgia Institute of Technology shall provide technical assistance, if requested, to hazardous waste generators in reducing the amount and toxicity of hazardous waste generated, in preparing hazardous waste reduction plans, and in preparing biennial progress reports.
(c) The director shall maintain a copy of each hazardous waste reduction plan and biennial progress report received. This information shall be available to the public at the director's or the division's office.
12-8-65.3. (a) For the purposes of this Code section, 'out-of-state generator' means any large quantity hazardous waste generator generating hazardous waste at a location outside the State of Georgia.
(b) As a condition of allowing any out-of-state generator to store, treat, or dispose of hazardous waste at a hazardous waste disposal facility located within the State of Georgia, such out-of-state generator shall prepare and submit to the director upon his request a hazardous waste reduction plan and biennial hazardous waste reduction progress reports in substantial compliance with the requirements of Code Sections 12-8-65.1 and 12-8-65.2.
(c) No hazardous waste disposal facility shall accept hazardous waste from an out-ofstate generator unless the out-of-state generator presents to the owner or operator of the hazardous waste facility certification that the out-of-state generator is in compliance with the provisions of subsection (b) of this Code section. Such certification shall be made under oath or affirmation of the person making such certification that the con tents of such certification are true and shall be made by a corporate officer, partner, or owner of such generator. It shall be unlawful to make a false statement on such certifica tion and the making of a false statement shall be punishable as an act of false swearing under Code Section 16-10-71.
(d) The requirements of Code Sections 12-8-65.1 and 12-8-65.2 and of subsections (a), (b), and (c) of this Code section shall not apply to any hazardous waste generator which is a generator as a consequence of any remediation or cleanup programs con ducted either voluntarily or through legal actions under either the Resource Conserva tion and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Section 6901, et seq.), as amended, or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510), as amended, and shall not apply to a commercial haz ardous waste treatment, storage, or disposal facility upon certification to the director that because of the nature of its business operation or process such facility cannot meet the waste reduction requirement prescribed under Code Sections 12-8-65.1 and 12-8-65.2 and subsections (a), (b), and (c) of this Code section. Such certification shall be made under oath or affirmation of the person making such certification that the contents of such certification are true and shall be made by a corporate officer, partner, or owner of such facility. It shall be unlawful to make a false statement on such certification and the making of such false statement shall be punishable as an act of false swearing under Code Section 16-10-71.
12-8-65.4. Nothing contained in Code Sections 12-8-65.1 through 12-8-65.3 or Code Section 12-8-66 shall require a duplication of reporting requirements under this article as it existed prior to July 1, 1990.
12-8-66. (a) No person shall, and it shall be unlawful and a violation of this article to, construct, install, operate, or substantially alter a hazardous waste facility without first obtaining and possessing a hazardous waste facility permit from the director. An application for a permit shall be submitted in such manner and on such forms as the director may prescribe. A permit shall be issued to an applicant on evidence, satisfactory to the director, of compliance with this article and any standards, requirements, or rules and regulations effective pursuant to this article.
(b) The director may require that applications for such permits shall be accompanied by plans, data, specifications, engineering reports, designs, and such other information as he deems necessary to make a determination of compliance with this article and the standards, requirements, or rules and regulations promulgated pursuant to this article.

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(c) The director may amend, modify, suspend, or revoke any permit issued for cause, including, but not limited to, the following:
(1) Violation of any condition or provision of such permit or failure to comply with any final order of the director;
(2) Failure to comply with this article or any rules or regulations promulgated pur suant to this article;
(3) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or
(4) When the permitted activity poses a threat to the environment or to the health of humans. (d) An application for a permit shall include a demonstration of financial responsi bility, including, but not limited to, guarantees, liability insurance, the posting of bonds, or any combination of guarantees, liability insurance, or bonds in accordance with Code Section 12-8-68, which financial responsibility shall be related to the type and size of facility. (e) Permits issued under this Code section shall contain such terms and conditions, including conditions requiring corrective action beyond the facility boundary, as are deemed necessary by the director to protect the environment and the health of humans, and the director may require such testing and construction supervision as said officer deems necessary to protect the environment and the health of humans. Any permit issued subsequent to November 8, 1984, shall contain conditions requiring corrective action for any releases into the environment of hazardous waste or hazardous constitu ents at the facility seeking a permit, regardless of the time at which waste was placed at such facility. (f) In the event of denial, amendment, modification, suspension, or revocation of a permit, the director shall send written notice of such action to the permit holder or applicant and shall set forth in such notice the reason for the action. (g) The issuance, denial, amendment, modification, suspension, or revocation of any permit by the director shall become final unless a petition for hearing in accordance with Code Section 12-8-73 is filed. (h) Upon the first receipt of an application for a hazardous waste facility permit, the director, within 15 days, shall provide to the government of the county in which the facility is located or is proposed to be located, to each city government located wholly or partially within that county, and to the government of each county and city having territorial boundaries within two miles of the hazardous waste facility, or proposed haz ardous waste facility a written notice indicating that an application has been received and describing the hazardous waste activities the applicant proposes to conduct. Within a 30 day period after first receipt of such application, the director shall also publish in at least one local newspaper of general circulation in the county a public notice that an application for a hazardous waste facility permit has been received. A public hearing shall be held if such is requested in writing within 30 days after publication of notifica tion and is requested by 25 or more persons who claim to be affected by the pending permit application, by a governmental subdivision, or by an association having not fewer than 25 members. If requested, the public hearing shall be conducted at the county seat of the county in which the hazardous waste facility is proposed to be located. At least 45 days prior to the date of the public hearing, the director shall provide written notice to the various local governmental subdivisions and other interested parties in the locality in which the proposed facility may be located that a public hearing has been requested, which written notice shall also include the date, time, location, and purpose of the pub lic hearing. The date, time, location, and purpose of such public hearing shall be adver tised in the legal organ of the county in which the facility is proposed at least 45 days in advance of the date set for the hearing. Such public hearings shall be held for the purpose of receiving comments and suggestions concerning the location and require ments for the operation of a hazardous waste facility. The director shall consider fully all written and oral submissions regarding the proposed facility and the pending applica tion. (i) Any person who owns or operates a facility required to have a permit under this Code section, which facility was in existence on November 19, 1980, or is in existence

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on the effective date of statutory ef regulatory changes any amendment to this part or any regulation promulgated pursuant to this article part that render which renders the facility subject to the requirement to have a permit pursuant to this Code section shall be accorded interim status, which means that such person shall be treated as having been issued a permit until such time as final administrative disposition of the person's application has been made, if and to the extent the person:
(1) Has notified the director of the existence of such facility as required pursuant to paragraph (17) of subsection (a) of Code Section 12-8-65;
(2) Has filed an application for a permit as required pursuant to this Code section; (3) Furnishes to the director information reasonably required or requested for pro cessing such application; (4) Does not treat, store, or dispose of hazardous waste not specified in the permit application, nor employ processes not specified in the permit application, nor exceed the design capacity specified in the permit application; and (5) Complies with all standards applicable to interim status facilities as have been or may be promulgated by the board. (j) In the case of any land disposal facility which had interim status prior to Novem ber 8, 1984, interim status shall terminate on November 8, 1985, unless the owner or operator of such facility: (1) Applies for a final determination regarding the issuance of a permit pursuant to this Code section for such facility prior to November 8, 1985; and (2) Certifies that such facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements. (k) In the case of any land disposal facility that has interim status due to any statutory er regulatory changes amendments to this part or any regulations promulgated pur suant to this article part on or subsequent to November 8, 1984, which render the facility subject to the requirement to have a permit pursuant to this article part, interim status shall terminate on the date 12 months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facil ity: (1) Applies for a final determination regarding the issuance of a permit pursuant to this Code section for such facility before the date 12 months after the date on which the facility first becomes subject to such permit requirement; and (2) Certifies that such facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements. (1) In the case of any hazardous waste incinerator which had interim status prior to November 8, 1984, interim status shall terminate on November 8, 1989, unless the owner or operator of such facility applies for a final determination regarding the issuance of a permit pursuant to this Code section for such facility prior to November 8, 1986. (m) In the case of all hazardous waste facilities other than land disposal facilities and incinerators, interim status shall terminate on November 8, 1992, unless the owner or operator of such facility applies for a final determination regarding the issuance of a permit pursuant to this Code section for such facility prior to November 8, 1988. (n) In the case of all hazardous waste facilities in existence on November 8, 1984, the director must make a decision to issue or deny a permit pursuant to this Code sec tion by the following dates: (1) By November 8, 1988, for all land disposal facilities; (2) By November 8, 1989, for all incinerators; and (3) By November 8, 1992, for all other hazardous waste facilities. 12-8-67. No hazardous waste shall be transported across, within, or through this state 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 hazardous waste from the point of generation through handling, storage, treatment, and disposal. A copy of the manifest shall be transmitted to the director as often as is required by the rules and regulations adopted by the board pursuant to this article.

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12-8-68. (a) No hazardous waste storage, treatment, or disposal facility shall be operated or maintained by any person unless adequate financial responsibility, by bond ing or other methods approved by the director, has been demonstrated to the director to ensure the satisfactory maintenance, operation, closure, and postclosure care of the facility, any corrective action which may be required as a condition of a permit, and payment of any liabilities to third parties as set forth in the regulations adopted pursu ant to this article part.
(b) The director may require the demonstration of financial responsibility prior to issuing a permit for any hazardous waste storage, treatment, or disposal facility to assure the availability of funds to meet sufficiently the requirements for proper closure, main tenance, or postclosure care of the facility and the hazardous waste contained therein, to assure any corrective action required as a condition of such a permit, and to guaran tee payment of any liabilities to third parties as set forth in regulations adopted pursu ant to this article part. The director is authorized to establish the financial responsibility requirements for permit applicants and classes of permit applicants, including the estab lishment of a range of monetary amounts.
(c) The board may adopt rules and regulations pursuant to this article establishing the criteria for approval, time periods for coverage, and other terms and conditions for the demonstration of financial responsibility required by this article and for the imple mentation of financial responsibility instruments.
(d) If the director determines that a hazardous waste storage, treatment, or disposal facility has been abandoned, that the owner or operator thereof has become insolvent, or that for any other reason there is a demonstrated 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 instru ments. The proceeds from any applicable financial responsibility instruments shall be deposited in a special account designated as the hazardous waste facility trust fund. The director shall serve as trustee of any such hazardous waste facility trust fund and the funds deposited in any such fund shall be used only for closure, postclosure care, or cor rective action required for the facility. 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.
\Q) OT tnis OOO.C section, tnere snail oe cstaolisncd tnc Hazardous waste trust tund. 1 lie director shall serve as trustee ef the hazardous waste trust fund. T-he moneys deposited tft sucn tunQ HIfly i&e expended Dy tnc director fts considered nece8sftry to ensure trie

btrt shall be expended eiy for the detoxification, removal, tutd disposal ef taty feazwftStc, tnG rcciQmst/ion of tfldiittes, snct tne closure snd postclosure cdfe Or
OF otherwise reiuscd to perform trie uetoxiiicfttion, pemovfli, snd dispos&l or flii hazardous wastes ef the reclamation ef facilities.
(f-) (e) An order or other action of the director under this Code section shall become final unless a petition for hearing in accordance with Code Section 12-8-73 is filed.
{g) (f) In any case where the owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the federal Bankruptcy Code or where, with reasonable dili gence, jurisdiction in any state court or any federal court cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this Code section may be asserted directly against the guarantor providing such evidence of finan cial responsibility. In the case of any action pursuant to this subsection, such guarantor shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which will have been available to the guarantor if an action had been brought against the guarantor by the owner or operator.

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ib) (g) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this article part. Nothing in this subsection shall be construed to limit any other state or federal statutory contractual or common law liability of a guarantor to its owner or operator including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed to diminish the liability of any person under Section 107 or 111 of the federal Comprehensive Environmental Response, Com pensation, and Liability Act of 1980 or other, applicable law.
12-8-69. (a) Unless variances are prohibited by the federal act or the standards, rules, and regulations promulgated thereunder, the director may grant variances from the requirements of this article or the rules and regulations effective hereunder when ever the director finds that compliance with any provision of this article or any stan dard, rule, or regulation will result in an arbitrary and unreasonable taking of property or will result, in effect, in the closing and elimination of any lawful business, occupation, or activity without sufficient corresponding benefit or advantage to the public, provided that no variance shall be granted where the effect of a variance will permit the continua tion of a condition which poses an undue present or potential threat to the environment or to the health of humans; provided, further, that any variance so granted shall not be construed so as to relieve any person from any liability imposed by law or rule and regu lation.
(b) Variances shall be granted for such periods of time and under such provisions and conditions as shall be specified by the director. A variance shall not be granted for a period of time greater than one year, and it shall not be renewable unless new circum stances can be shown which preclude full compliance within the one-year period. A vari ance may not be renewed if it would result in an undue risk to the environment or the health of humans. A renewal of a variance shall be effective for a period of up to one year. Under no conditions shall an original variance plus renewals ever exceed a total period of two years.
(c) As a condition precedent to the issuance of a variance, the director may require the filing of a bond in accordance with Code Section 12-8-68, sufficient to ensure com pliance with the terms and conditions of the variance. The director may require that the bond shall remain in effect until all terms and conditions of the variance are met and compliance is achieved with this article and the rules and regulations promulgated under this article.
(d) Upon failure of a person to comply with the terms and conditions of any bond or any variance issued by the director, a variance may be amended, modified, suspended, or revoked, or the bond may be forfeited by the director or ordered to be modified or amended. The proceeds from any forfeited bond shall be deposited in either the hazard ous waste facility trust fund in accordance with Code Section 12-8-68 or the hazardous waste trust fund in accordance with Code Section 12-8-68 12-8-91, as the director deems appropriate.
12-8-70. (a) The director or his the director's authorized representative, upon pre sentation of his credentials, shall have a right to enter upon, to, or through premises of persons subject to this article, or premises whereon a violation of the article or rules and regulations is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, take samples, copy all records relating to hazardous wastes, and inspect for compliance with the requirements imposed under this article or the rules and regulations or to determine whether such a violation or threatened violation exists in accordance with the following purposes:
(1) For the purpose of determining whether any person subject to the require ments of this article is in compliance with any standard or requirement imposed pur suant to this article;
(2) For the purpose of investigating conditions relating to hazardous waste man agement or hazardous waste management practices where the director is in possession of information sufficient to form a reasonable belief that a violation of this article or the rules and regulations is occurring or is about to occur; e*

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(3) For the purpose of determining whether there has been a violation of any of the provisions of this article, the rules and regulations promulgated hereunder, or any permit or order issued pursuant to this article and the rules and regulationst ] or
(4) For the purpose of determining whether a release of hazardous wastes, hazard ous constituents, or hazardous substances is occurring or has occurred. (b) In the event any person does not consent to an inspection or investigation, the director or his authorized representative may seek to obtain a warrant authorizing the inspection or investigation. (c) Each such inspection or investigation shall be commenced and completed with reasonable promptness. If the director or his authorized representatives obtain any sam ples prior to leaving the premises, he or they shall give to the owner, operator, or agent in charge a receipt describing the sample obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge. (d) Any person whom the agency has reason to believe is contributing to or may have contributed to or may be responsible for a release of or the disposal of hazardous wastes, hazardous constituents, or hazardous substances or who is the owner of real property where a release or disposal has occurred or is suspected to have occurred, when requested by the director, shall furnish to the director any information which that per son may have or may reasonably obtain which is relevant to the release and has been requested by the director. 12-8-71. (a) Whenever the director has reason to believe that a violation of any pro vision of this article part, a violation of any rule or regulation of the board, or a viola tion of any order of the director has occurred, the director shall attempt to remedy the same by conference, conciliation, and persuasion. In the case of failure of such confer ence, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provi sions of this article part, the rules and regulations, or the order alleged to have been violated and may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order. (b) Whenever the director has reason to believe that there is or has been a release of hazardous waste or hazardous constituents into the environment, regardless of the time at which release of such hazardous waste or hazardous constituents occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, concilia tion, and persuasion. In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person, including any past or present generator, past or present transporter, or past or present owner or operator of a hazardous waste treatment, storage, or disposal facility, who has contributed or who is contributing to such release. The order may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order. (c) Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing pursuant to Code Section 12-8-73. 12-8-72. 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 would constitute a violation of this article, the rules and regulations, or any order or permit conditions, he may apply to the superior court of the county in which the violative act or practice has been or is about to be engaged in, or in which jurisdiction is appropriate, for an order enjoining such act or practice or for an order requiring compliance with the article, the rules and regulations, or the order or permit condition. Upon a showing by the director that such person has engaged in or is about to engage in any such violative act or practice, a per manent or temporary injunction, restraining order, or other order shall be granted with out the necessity of showing the lack of an adequate remedy at law. 12-8-73. All hearings on and the review of contested matters, orders, or permits and all hearings on and the review of any other enforcement actions or orders under this

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article shall be provided and conducted in accordance with subsection (c) of Code Sec tion 12-2-2. The hearing and review procedure herein provided is to the exclusion of all other means of hearing or review.
12-8-74. Any order of a the hearing officer issued after a hearing as provided in Code Section 12-8-73 or any order of the director issued pursuant to Code Section 12-8-71 or 12-8-96, either unappealed from as provided in those Code sections or affirmed or modi fied on any review or appeal pursuant to Code Section 12-8-73, and from which no fur ther review is taken or allowed under Code Section 12-8-73, may be filedz (as unappealed from or as affirmed or modified, if reviewed or appealed)2 by certified copy from the director 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 prin cipal place of business, or in the county wherein the violation occurred or in which juris diction is appropriate, whereupon such superior 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 judg ment had been rendered in an action duly heard and determined by such court.
12-8-75. Notwithstanding any provision of this article to the contrary, the director, upon receipt of evidence that the past or present handling, storage, treatment, transpor tation, or disposal of any solid waste or hazardous waste is presenting or may present imminent and substantial endangerment to the environment or to the health of humans, may bring an action as provided in Code Section 12-8-72 to restrain immediately any person, including any past or present generator, past or present transporter, or past or present owner or operator of a hazardous waste treatment, storage, or disposal facility, who has caused or is causing or has contributed or is contributing to such handling, stor age, treatment, transportation, or disposal to stop such handling, storage, treatment, transportation, or disposal or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the environment or the health of humans solely by commencement of such a civil action, the director, with the concurrence of the Governor, may issue such emergency orders as may be necessary to protect the environ ment or the health of humans who are or may be affected by such past or present han dling, storage, treatment, transportation, or disposal. Notwithstanding Code Sections 12-8-71, 12-8-72, 12-8-73, 12-8-74, aftd 12-8-81, and 12-8-96, such order shall be immedi ately effective for a period of not more than 48 hours unless the director brings an action under the first sentence of this Code section before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for such period of time as may be authorized by the court pending litigation or thereafter.
12-8-76. It shall be the duty of the Attorney General or his representative to repre sent the director in all actions in connection with this article.
12-8-77. (a) Any provision of law to the contrary notwithstanding, in order to com ply with this article, with the federal act, or with applicable state and federal rules, reg ulations, or guidelines, or in order to be eligible for grants-in-aid and other allotments, the State of Georgia, the division, and each municipal corporation and county in this state are authorized, at the discretion of its governing authority, to enter into valid and binding contracts with each other or with private persons, firms, associations, or corpo rations to provide solid waste handling, reclamation, and recycling services to such pri vate persons, firms, associations, or corporations, or to each other.
(b) As used in this Code section, the terms 'solid waste handling,' 'solid waste,' 'rec lamation,' and 'recycling' shall be construed to have the meanings given them in Code Section 12-8-62 or in the rules and regulations effective under this article.
12-8-78. (a) Any records, reports, or information obtained from any person by the director under this article part or the rules and regulations promulgated hereunder shall be available to the public for inspection and copying at the expense of the person requesting copies.
(b) Notwithstanding subsection (a) of this Code section, upon a showing satisfactory to the director by any person that any records, reports, or information, or any particular part thereof, to which the director has access under this article or the rules and regula tions would, if made public, divulge information entitled to protection or confidentiality

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under law, the director shall consider such information or any particular portion thereof confidential in accordance with the purposes of the law under which confidentiality or protection is claimed, provided that such records, reports, documents, or information may be disclosed to officers, employees, or authorized representatives of the United States government concerned with carrying out the terms of the federal act or when required by any court in any proceeding under the federal act or under this article.
12-8-79. Subject to the provisions of the Constitution of Georgia, no other law of this state and no action, ordinance, regulation, or law of any county, municipality, or other political subdivision shall operate to prevent the location or operation of a hazardous waste facility holding a valid hazardous waste facility permit issued under this article and the rules and regulations promulgated hereunder, provided that nothing in this Code section shall prevent any county, municipality, or other political subdivision from challenging a facility's compliance with this article or any rule or regulation, order, or permit provision or condition adopted or issued under this article.
12-8-80. Reserved. 12-8-81. (a) Any person violating any provision of this article, the rules or regula tions effective hereunder, or any permit condition or limitation established pursuant to this article or any person negligently or intentionally failing or refusing to comply with any final or emergency order of the director issued as provided in this article shall be liable for a civil penalty not to exceed $25,000.00 per day. Each day during which the violation or failure or refusal to comply continues shall be a separate violation. (b) Whenever the director has reason to believe that any person has violated any provision of this article, any rule or regulation effective hereunder, or any permit condi tion or has negligently or intentionally failed or refused to comply with any final order or emergency order of the director, he may upon written request cause a hearing to be conducted before a hearing officer appointed by the board. Upon finding that such per son has violated any provision of this article, any rule or regulation effective hereunder, or any permit condition or has negligently or intentionally failed or refused to comply with any final order or emergency order of the director, the hearing officer shall issue his decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-8-73. (c) In rendering a decision under this Code section imposing civil penalties, the hear ing officer shall consider all factors which are relevant, including, but not limited to, the following:
(1) The amount of civil penalty necessary to ensure immediate and continued com pliance 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 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 with this article or to correct the violation or failure;
(4) Any prior violations of, or failures by, such person to comply with statutes, rules, regulations, orders, or permits administered, adopted, or issued by the director;
(5) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure; and
(6) The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure.
be paid mte the hazardous waste trust fund m accordance with Code Section 12-8-68. 12-8-82. (a) Any person who: (1) Knowingly transports or causes to be transported any hazardous waste as defined in this article to a facility which does not have a permit or interim status pur suant to Code Section 12-8-66, which does not have a variance pursuant to Code Sec tion 12-8-69, or which is not subject to an order of the director which specifically authorized continued operation of such facility;

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(2) Knowingly treats, stores, or disposes of any hazardous waste as defined in this article:
(A) Without a permit or interim status pursuant to Code Section 12-8-66, a vari ance pursuant to Code Section 12-8-69, or an order of the director allowing such treatment, storage, or disposal of hazardous waste;
(B) In knowing violation of any material condition or requirement of such per mit, interim status, variance, or order; or
(C) In knowing violation of any material condition or requirement of any appli cable regulations or standards; (3) Knowingly omits material information or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this article or regulations promulgated pursuant to this article; (4) Knowingly generates, stores, treats, transports, disposes of, exports, or other wise handles any hazardous waste as defined in this article, whether such activity took place before or takes place after March 14, 1985, and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this article or regu lations promulgated pursuant to this article; or (5) Knowingly transports without a manifest or causes to be transported without a manifest, any hazardous waste required by this article or regulations promulgated pursuant to this article to be accompanied by a manifest shall, upon conviction, be subject to a fine of not more than $50,000.00 for each day of violation, or imprisonment for not less than one nor more than two years2 or {three years in the case of a violation of paragraph (1) or (2)} of this subsection, or both. If the con viction is for a violation committed after a first conviction of such person under this subsection, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment. (b) Any person who knowingly transports, treats, stores, disposes of, or exports any hazardous waste as defined in this article in violation of paragraph (1), (2), (3), (4), or (5) of subsection (a) of this Code section and who knows at that time that by such action another person is placed in imminent danger of death or serious bodily injury shall, upon conviction, be subject to a fine of not more than $250,000.00 or imprison ment for not less than one nor more than 15 years, or both. A defendant that is an orga nization shall, upon conviction of violating this subsection, be subject to a fine of not more than $1 million. (c) An organization may be convicted for the criminal acts set forth in subsections (a) and (b) of this Code section, if an agent of the organization performs the conduct which is an element of the crime while acting within the scope of such agent's office or employment and in behalf of the organization or if the commission of the criminal act set forth in subsection (a) or (b) of this Code section is authorized, requested, com manded, performed, or recklessly tolerated by the board of directors of the organization or by a managerial official who is acting within the scope of such official's employment on behalf of the organization. 12-8-83. The use of waste or used oil or other material which is contaminated or mixed with dioxin or any other hazardous waste as defined in this article, other than a waste identified as a hazardous waste solely on the basis of ignitability ignitibility, for dust suppression or road treatment is prohibited.
Part 2 12-8-90. This part shall be known and may be cited as the 'Georgia Hazardous Site Response Act.' 12-8-91. (a) It is declared to be the public policy of the State of Georgia, in further ance of its responsibility to protect the public health, safety, and well-being of its citi zens and to protect and enhance the quality of its environment, to require corrective action for releases of hazardous wastes, hazardous constituents, and hazardous sub stances, without regard to when such releases may have occurred, into the environment

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that may pose a threat to human health or the environment and to provide incentives for the reduction of the amount of hazardous wastes generated or managed in the state. Additionally, the purpose of this part is to reduce the generation of hazardous wastes in this state and to encourage hazardous waste generators, prior to considering landfill disposal, to consider the following measures in descending order of preference:
(1) Reduce the amount of wastes generated through improvement in industrial processes;
(2) Isolate hazardous materials from mixtures in which they occur; (3) Reuse and recycle wastes in accordance with state and federal requirements; (4) Transfer wastes through clearing-houses so that they may be recycled in indus trial processes; (5) Detoxify or neutralize wastes into less harmful substances or destroy such wastes; and (6) Store hazardous waste residues in aboveground facilities using encapsulation and monitoring. (b) The General Assembly declares its intent to fund the execution of the public pol icy set forth in subsection (a) of this Code section by and through the division with the fees established and collected by the division pursuant to subsection (e) of Code Section 12-2-2, subsection (e) of Code Section 12-8-39, subsection (d) of Code Section 12-8-68, and Code Section 12-8-95.1. The General Assembly further declares its intent to ensure that the funding provided by fees on hazardous waste management activities and by owners and operators of solid waste disposal facilities pursuant to those Code sections and through the collection of civil penalties will not be diverted for any purpose other than the administration of this article by the division, the prevention of pollution, including reduction of hazardous wastes generated, and the effectuation of corrective action at sites that may threaten human health or the environment where hazardous wastes, hazardous constituents, or hazardous substances have been disposed of or released. Appropriation of funds to the department for inclusion in the hazardous waste trust fund continued in existence by subsection (a) of Code Section 12-8-95 shall be deemed consistent with this declaration of legislative intent. 12-8-92. Unless otherwise defined in this part, the definition of all terms included in Code Section 12-8-62 shall be applicable to this part. As used in this part, the term: (1) 'Corrective action contractor' means any person contracting with the division to perform any activities authorized to be paid from the hazardous waste trust fund. (2) 'Environment' means:
(A) The navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson Fishery Conservation and Management Act; and
(B) Any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdic tion of the United States. (3) 'Facility' means:
(A) Any building, structure, installation, equipment, pipe or pipeline, pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
(B) Any site or area where a hazardous waste, hazardous constituent, or hazard ous substance has been deposited, stored, disposed of, placed, or has otherwise come to be located. This term does not include any consumer product in consumer use but does include any vessel. (4) 'Hazardous substance' means any substance listed on the List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R., Part 302, Table 302.4, in force and effect on February L, 1992, or any substance listed on the List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R., Part 355, Appendix A, in force and effect on February 1, 1992. (5) 'Inventory' means the hazardous site inventory published by the division pursuant to Code Section 12-8-97.

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(6) 'Owner' or 'operator' means: (A) In the case of a vessel, any person owning, operating, or chartering by
demise such vessel; (B) In the case of an onshore facility or an offshore facility, any person owning
or operating such facility; and (C) In the case of any facility, title or control of which was conveyed due to
bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of state or local government, any person who owned, operated, or otherwise con trolled activities at such facility immediately beforehand. Such term does not include a person who holds indicia of ownership primarily to pro tect said person's security interest in the facility or who acts in good faith solely in a fiduciary capacity and who did not actively participate in the management, disposal, or release of hazardous wastes, hazardous constituents, or hazardous substances from the facility. Such term does not include a unit of state or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign; provided, however, that this exclusion shall not apply to any state or local government which has caused or contributed to the release of a hazardous waste, hazardous constituent, or hazardous substance from the facility. (7) 'Person' means an individual, trust, firm, joint-stock company, corporation, partnership, association, authority, county, municipality, commission, political subdivi sion of this state, or any agency, board, department, or bureau of any other state or of the federal government. (8) 'Person who has contributed or who is contributing to a release' means:
(A) The owner or operator of a facility; (B) Any person who at the time of disposal of any hazardous waste, hazardous constituent, or hazardous substance owned or operated any facility at which such hazardous waste, hazardous constituent, or hazardous substance was disposed of; (C) Any person who by contract, agreement, or otherwise arranged for disposal or treatment of or arranged with a transporter for transport for disposal or treat ment of hazardous wastes, hazardous constituents, or hazardous substances owned or possessed by such person or by any other party or entity at any facility owned or operated by another party or entity and containing such hazardous wastes, haz ardous constituents, or hazardous substances; and (D) Any person who accepts or accepted any hazardous wastes, hazardous con stituents, or hazardous substances for transport to disposal or treatment facilities or sites selected by such person, from or at which facility or site there is a release of a hazardous waste, a hazardous constitutent, or a hazardous substance. (9) 'Pollution prevention' means: (A) The elimination at the source of the use, generation, or release of hazardous constituents, hazardous substances, or hazardous wastes; or (B) Reduction at the source in the quantity and toxicity of such substances. (10) 'Release' means any intentional or unintentional act or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including without lim itation the abandonment or discarding of barrels, containers, and other closed recepta cles, of any hazardous waste, hazardous constituent, or hazardous substance; provided, however, that such term shall not include any release which results in exposure to per sons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons; emissions from the engine exhaust of any motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station; or the normal appli cation of fertilizer. (11) 'Site' means that portion of the owner's contiguous property affected by a release exceeding a reportable quantity. (12) 'Small quantity generator' means a hazardous waste generator who generates greater than 220 pounds but less than 2,220 pounds of hazardous waste m one month, as provided by rules promulgated by the board in accordance with this article.

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12-8-93. (a) In the performance of its duties, and in addition to the powers set forth in Code Section 12-8-64, the board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as the board may deem necessary to provide for corrective action for releases of hazardous wastes, hazardous constituents, and hazardous substances into the environ ment that pose a present or future danger to human health or the environment and to provide incentives for the reduction of the amount of hazardous wastes generated or managed in the state. Such rules and regulations may be applicable to the state as a whole or may vary from region to region, as may be appropriate to facilitate the accom plishment of the provisions, purposes, and policies of this part.
(b) The board's rules and regulations shall include, but shall not be limited to, the following:
(1) Rules and regulations governing the reporting of releases of hazardous wastes, hazardous constituents, and hazardous substances, including rules and regulations gov erning reportable quantities;
(2) Rules and regulations governing the investigation, cleanup, and corrective action at sites where hazardous wastes, hazardous constituents, or hazardous sub stances have been disposed of or released regardless of the date when such disposal or release occurred, including rules and regulations establishing cleanup standards;
(3) Rules and regulations governing procedures for placement of sites on and removal of sites from the hazardous site inventory required under the provisions of Code Section 12-8-97; and
(4) Rules and regulations governing procedures for the filing in the deed records of the superior courts of additional affidavits concerning property for which an initial affidavit has been filed pursuant to Code Section 12-8-97. 12-8-94. (a) In addition to the powers and duties specified in Code Section 12-8-65, the director shall have and may exercise the following powers and duties:
(1) To ensure that corrective action is taken for releases of hazardous wastes, haz ardous constituents, or hazardous substances into the environment that pose a present or future danger to human health or the environment;
(2) To collect fees for hazardous waste management activities; (3) To administer the hazardous waste trust fund and expend the principal and interest of such trust fund; and
(4) To appoint a hazardous waste trust fund advisory committee and to consult with that committee in developing rules and regulations regarding criteria for compila tion of the hazardous site inventory, site priorities, uses of the fund, cleanup stan dards, and deed notations. At a minimum, the director shall appoint to the committee four representatives from local government, four representatives from business and industry, and four representatives from other interested parties. Upon promulgation of rules and regulations in accordance with this part, the director shall no longer be required to consult with the committee; provided, however, that the director shall con sult with the committee from time to time as necessary to adopt, promulgate, modify, amend, or repeal rules and regulations in accordance with this part.
(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 the director deems necessary and proper.
12-8-95. (a) There shall continue in existence the hazardous waste trust fund. The hazardous waste trust fund shall be funded in accordance with subsection (b) of Code Section 12-8-91. All moneys deposited in the fund shall be deemed expended and con tractually obligated and shall not lapse to the general fund. The director shall serve as trustee of the hazardous waste trust fund.
(b) The moneys deposited in the hazardous waste trust fund may be expended by the director as follows:
(1) For activities associated with the investigation, detoxification, removal, and dis posal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action is necessary to mitigate a present or future danger to human health or the environment;

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(2) For emergency actions the director considers necessary to protect public health, safety, or the environment whenever there is a release of hazardous wastes, hazardous constituents, or hazardous substances;
(3) For activities of the division associated with the administration of this part; (4) In accordance with rules promulgated by the board, for financing of the state and local share of the costs associated with the investigation, remediation, and postclosure care and maintenance of sites placed on the National Priority List pursu ant to the federal Comprehensive Environmental Response, Compensation, and Liabil ity Act of 1980, as amended, or sites placed on the hazardous site inventory pursuant to Code Section 12-8-97; (5) For activities administered by the director associated with pollution prevention, including reduction of hazardous wastes generated in the state; (6) Provided that annual appropriations are made to the Department of Natural Resources in accordance with subsection (b) of Code Section 12-8-91, for transfer on an annual basis to the Georgia Hazardous Waste Management Authority in an amount equal to 10 percent of the previous year's payment into the state treasury by the divi sion of fees and penalties pursuant to subsection (e) of Code Section 12-2-2, subsec tion (e) of Code Section 12-8-39, and Code Section 12-8-95.1. If in any year the fees cease to be collected due to the unencumbered principal balance exceeding $25 million in the hazardous waste trust fund, a transfer of funds shall be made to the Georgia Hazardous Waste Management Authority from the principal of the hazardous waste trust fund equal to the average transfer for the three preceding years. Such trans ferred funds are to be administered by the chief administrative officer of the Georgia Hazardous Waste Management Authority to fund source reduction and project activi ties as set forth in Article 4 of this chapter and in accordance with the policies of the board. (c) The director may require the demonstration of financial responsibility as a condi tion of an order requiring corrective action for the release of hazardous wastes, hazard ous constituents, or hazardous substances. (d) If the director determines that corrective action has not been carried out as required by a condition of an order of the director to the reasonable satisfaction of the director, the director may implement the applicable financial responsibility instruments. The proceeds from any applicable financial responsibility instruments shall be deposited in the hazardous waste trust fund. (e) In any case where a person is in bankruptcy, reorganization, or other arrange ment pursuant to the federal Bankruptcy Code or where, with reasonable diligence, jurisdiction in any state court or any federal court cannot be obtained over a person likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this Code section may be asserted directly against the guarantor providing such evidence of financial responsibil ity. In the case of any action pursuant to this subsection, such guarantor shall be enti tled to invoke all rights and defenses which would have been available to the person if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator. (f) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this Code section. Nothing in this subsection shall be construed to limit any other state or federal statutory, contractual, or common-law liability of a guarantor to a person including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed to diminish the liability of any person under Section 107 or 111 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or any other applicable law.
12-8-95.1. (a) The division is authorized and directed to charge and collect the fees for hazardous waste management activities as provided in this subsection. Every large quantity generator and every small quantity generator shall pay the greater of $100.00

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per calendar year or the total of the hazardous waste management fees imposed as fol lows:
(1) Every large quantity generator of hazardous waste shall pay an annual fee of $20.00 per ton for hazardous waste shipped off site for disposal or incineration, $16.00 per ton for hazardous waste shipped off site for treatment or storage, and $2.00 per ton for hazardous waste shipped off site for recycling or reuse in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for off-site hazardous waste management fees exceeding $75,000.00 in any calendar year. In no event shall any person be liable for an off-site hazardous waste management fee on any hazardous waste for which an off-site hazardous waste management fee has previously been paid;
(2) Every large quantity generator of hazardous waste shall pay an annual fee of $10.00 per ton for hazardous waste disposed of or incinerated on site, $4.00 per ton for hazardous waste treated or stored on site, and $1.00 per ton for hazardous waste reused or recycled on site in accordance with rules and regulations promulgated pursu ant to Part 1. of this article; provided, however, that no large quantity generator shall be liable for on-site hazardous waste management fees for disposal or incineration, treatment or storage, or recycling or reuse in any calendar year exceeding the follow ing amounts and according to the following schedule:
(A) Twenty-five thousand dollars for such payments due on July 1^ 1993, and on July 1, 1994;
(B) Fifty thousand dollars for such payments due on July ]_, 1995, and on July 1, 1996; and
(C) Seventy-five thousand dollars for such payments due on and after July 1^ 1997; provided, further, that a large quantity generator which pays fees for the on-site treat ment of waste water which is hazardous waste shall not also be required to pay fees under paragraph (1) of this subsection for any sludge removed during such treatment of waste water; (3) Every person who receives hazardous waste generated outside this state shall pay an annual fee of $20.00 per ton for hazardous waste disposed of or incinerated, $16.00 per ton for hazardous waste treated or stored, and $2.00 per ton for hazardous waste that is recycled or reused by such person in accordance with rules and regula tions promulgated pursuant to Part I of this article; provided, however, that no person shall be liable for importation fees exceeding $75,000.00 per out-of-state generator in any calendar year. In no case shall any person who receives hazardous waste from any person outside this state and who pays an importation fee on such waste pursuant to this paragraph be liable for the off-site hazardous waste management fees required by paragraph (1) of this subsection. (b) All hazardous waste fees required by subsection (a) of this Code section shall be paid to the division for transfer into the state treasury to the credit of the general fund. The division shall collect such fees until the unencumbered principal balance of the haz ardous waste trust fund equals or exceeds $25 million, at which time no hazardous waste fees shall be levied until the balance in that fund is less than or equal to an unencum bered balance of $12.5 million, in which case the levy and collection of hazardous waste fees shall resume at the beginning of the next calendar year following the year in which such unencumbered balance occurs. The director shall provide written notice to all large quantity generators and hazardous waste treatment, storage, and disposal facilities at such time as the director receives notice that the unencumbered principal balance of the fund equals or exceeds $25 million or is equal to or less than $12.5 million. (c) All fees levied under this Code section shall be based on the amounts of hazard ous waste managed or imported within the preceding calendar year. Such fees for the period July 1^ 1992, through December 31, 1992, shall be paid to the division not later than July 1^ 1993. All subsequent fees shall be paid not later than the first day of July of each year for the preceding calendar year. (d) Persons who make payments of fees levied by this Code section later than 30 days after the due date specified in subsection (c) of this Code section shall pay a pen alty of 15 percent of the balance due and shall pay interest on the unpaid balance at the rate imposed by law for delinquent taxes due to the state.

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(e) Hazardous waste which is generated by any of the following _me_an_s _is e_x_em_p__ from the fees required by this Code section:
(1) Corrective action required by an order, permit, or approved closure plan issued pursuant to Part I of this article;
_(2_) __V_ol_un_t_ar_y _co_rr_ec_tiv_e _ac_t_io_n_ _re_q_u_i_r_ed_ _b_y _an_y_ ;person in accordance with applica ble laws and regulations; and
(3) Response actions required under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, (f) Unless fee requirements established in this Code section are reimposed by the General Assembly, no such fees shall be levied after July 1^ 2003. 12-8-96. (a) Whenever the director has reason to believe that there is or has been a release of hazardous wastes, hazardous constituents, or hazardous substances into the environment, regardless of the time at which release of such hazardous wastes, hazard ous constituents, or hazardous substances occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall make a reasonable effort to identify each person who has contributed or who is_ contributing to such a release. The ddirector shall then notify each such person in writing of the opportunity to perform voluntarily corrective action in accordance with an administrative consent order entered into with the director within such period of time as may be specified by the director in written correspondence to the person. If the person fails or refuses to enter into an administrative consent order with the director within the period of time specified by the director, the director may issue an order directed to any such person. The order may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order. (b) If a person fails to comply with such an order or if aU necessary corrective action cannot be obtained from the responsible person or persons, the director may undertake corrective action utilizing funds from the hazardous waste trust fund. (c) The division or its corrective action contractors may enter upon the property of any person, at such time and in such manner as deemed necessary by the director, to effectuate the necessary corrective action to protect human health and the environment. (d) The State of Georgia and the hazardous waste trust fund are relieved from all liability for loss of' business, damages, and taking of property associated with the correc tive action. 12-8-96.1. (a) Each and every person who contributed to a release of a hazardous waste, a hazardous constituent, or a hazardous substance shall be jointly, severally, and strictly liable to the State of Georgia for the reasonable costs of activities associated with the cleanup of environmental hazards, including legal expenses incurred by the state pursuant to subsection (a) of Code Section 12-8-96, as a result of the failure of such person to comply with an order issued by the director. The person shall, in addi tion, be liable for punitive damages in an amount at least equal to the costs incurred by the state and not more than three times the costs incurred by the state for activities associated with the cleanup of environmental hazards. Costs and damages incurred by the state may be recovered in a civil action instituted in the name of the director. All costs recovered by the state pursuant to this Code section shall be deposited into the hazardous waste trust fund. (b) Any action for the recovery of costs and for punitive damages shall be commenced within six _'e_ar_s _of _ the _da_te _on _wh_ic_h _all _cos_ts have been incurred. (c) No person shall be liable for costs or damages ursuant to this Code section if he can show by a preponderance of the evidence that the release of a hazardous waste, a hazardous constituent, or a hazardous substance was caused solely by:
(1) An act of God; (2) An act of war; (3) An act or omission of a third party other than an employee or agent of the per son or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the person, if the person establishes by a preponderance of the evidence that:
(A) He had no relationship with the third party nor exercised any control over activities of the third party;

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(B) He took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omis sions; or (4) Any combination of paragraph (1), (2), or (3) of this subsection. (d) (1) For purposes of paragraph (3) of subsection (c) of this Code section, a con tractual relationship may be conclusively established by, but not limited to, land con tracts, deeds, or other instruments transferring title or possession, unless the real property on which the disposal or release of hazardous wastes, hazardous constitutents, or hazardous substances has occurred or is occurring was acquired by the person after the disposal or release of the hazardous wastes, hazardous constitu ents, or hazardous substances and one or more of the following circumstances are established by a preponderance of the evidence:
(A) At the time the person acquired the site, the person did not know and had no reason to know that any hazardous waste, hazardous constituent, or hazardous substance had been disposed of or released at the site;
(B) The person is a government entity which acquired the site by escheat, through any other involuntary transfer or acquisition, or through the exercise of eminent domain by purchase or condemnation; or
(C) The person acquired the site by inheritance or bequest and that one or more of the circumstances described in paragraphs (1), (2), or (3) of subsection (c) of this Code section are applicable.
(2) To establish that the person had no reason to know as provided in subparagraph (A) of paragraph (1) of this subsection, the person must have undertaken, at the time of acquisition, all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability. For purposes of the preceding sentence, the finder of fact shall take into account any specialized knowledge or experience on the part of the person, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate inspection.
(3) Nothing in this subsection shall diminish the liability of any previous owner of such property who would otherwise be liable under this part. Notwithstanding this paragraph, if a person obtained actual knowledge of the disposal or release of a haz ardous waste, hazardous constituent, or hazardous substance at the site when the per son owned the real property and then subsequently transferred ownership of the property to another person without disclosing such knowledge, the person so transfer ring the property shall be treated as liable under subsection (a) of this Code section, and no defense under subsection (c) of this Code section shall be available to such person. Nothing in this subsection shall affect the liability under this part of a person who, by any act or omission, causes or contributes to the disposal or release of a haz ardous waste, a hazardous constituent, or a hazardous substance which is the subject of the action relating to the site. (e) During or following the undertaking of any voluntary corrective action, any per son may seek contribution from any other person who has contributed or is contributing to any release of a hazardous waste, a hazardous constituent, or a hazardous substance. Such claims for contribution shall be governed by the law of this state. In resolving con tribution claims, the court may allocate costs among liable parties using such equitable factors as the court determines to be appropriate. (f) A person who has voluntarily agreed to perform corrective action pursuant to an administrative consent order with the director shall not be liable for claims for contribu tion regarding matters addressed in the administrative consent order. Such administra tive consent order does not discharge any other person who has contributed or is contributing to a release of hazardous wastes, hazardous constituents, or hazardous sub stances unless the terms of the administrative consent order so provide, and the other persons remain liable for any corrective action deemed necessary by the director but not agreed to in the administrative consent order.

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12-8-96.2. (a) No corrective action contractor engaged in activities associated with the cleanup of environmental hazards created by others shall be liable for any damages arising from the release of a hazardous waste, hazardous constituent, or hazardous sub stance resulting from such activity in an amount greater than $1 million to any one per son or $3 million to all persons for a single occurrence. The limitation of liability of this Code section shall not:
(1) Affect any right of indemnification which such person has, or may acquire by contract, against any other person who is liable for creating an environmental hazard; or
(2) Apply to persons who intentionally, wantonly, or willfully violate federal or state regulations in the cleanup process. (b) For purposes of Code Section 12-8-96.1 and this Code section, the phrase 'activi ties associated with the cleanup of environmental hazards' shall mean activities includ ing investigation, evaluation, planning, design, engineering, removal, construction, and ancillary services which are carried out to abate or cleanup a hazardous waste, hazardous constituent, or hazardous substance. (c) Nothing contained in this Code section shall be construed to be a waiver of the sovereign immunity of this state or of any agency or political subdivision of this state. 12-8-97. (a) The division shall publish on an annual basis beginning July 1, 1994, an inventory of all known or suspected sites where hazardous wastes, hazardous constit uents, or hazardous substances have been disposed of or released in quantities deemed reportable by rules or regulations of the board. This inventory shall be called the haz ardous site inventory. Along with the annual hazardous site inventory, the division shall publish a report of the fees collected and the funds appropriated to the hazardous waste trust fund and an accounting of all disbursements from such trust fund. The inventory shall include:
(1) The name of the property or another description identifying the site; (2) The location of the site; (3) The name of the owner of the site at the time of the site's inclusion m the inventory; (4) A general description of the type and quantity of hazardous wastes, hazardous constituents, or hazardous substances known or suspected to be at the site; (5) A general description of possible or known threats to human health or the environment posed by the site; (6) The status of any cleanup activities conducted by any person; (7) A relative priority for cleanup; (8) A summary of needed actions; (9) If a site is considered not capable of posing or is no longer posing an environ mental or human health hazard, a designation that no further action is required; and (10) The status of any actions contesting the listing of the property on the inven tory. (b) After July 1, 1993, the property owner: (1) Of any site where hazardous wastes, hazardous constituents, or hazardous sub stances are known to have been disposed of or released in amounts exceeding reportable quantities; or
(2) Of any site listed on the inventory which is designated as having a known release, but which is not designated as needing no further action shall include the following notice in any deed, mortgage, deed to secure debt, lease, rental agreement, or other instrument given or caused to be given by the property owner which creates an interest in or grants a use of the property: 'This property is known to contain hazardous wastes, hazardous constituents, or haz ardous substances regulated under state law. Contact the property owner or the Geor gia Environmental Protection Division for further information concerning this property. This notice is provided in compliance with the Georgia Hazardous Site Response Act.' (c) After July 1^ 1993, each property owner who:

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(1) Owns real property upon which hazardous wastes, hazardous constituents, or hazardous substances are known to have been disposed of or released in amounts exceeding reportable quantities; or
(2) Owns a site listed on the inventory which is designated as having a known release, but which is not designated as needing no further action shall cause to be prepared an affidavit of such fact in recordable form as set forth in subsection (c) of Code Section 44-2-20 and shall file such affidavit with the clerk of the superior court of each county in which the real property or any part thereof lies. Such affidavit shall be recorded in the clerk's deed records pursuant to Code Section 44-2-20. Such affidavit shall include a statement that the property is known to contain hazardous wastes, hazardous constituents, or hazardous substances regulated under state law. Such affidavit shall be filed with the clerk within 30 days after receipt by the property owner of knowledge of the disposal or release of hazardous wastes, hazardous constituents, or hazardous substances on the real property either by listing of the site on the inventory or otherwise; provided, however, that neither the affidavit required by this subsection or the notice required by paragraph (2) of subsection (b) of this Code section shall be required until any contest under subsection (f) of this Code section has been resolved adversely to the property owner. (d) After July lj 1993, each property owner who owns real property upon which haz ardous wastes, hazardous constituents, or hazardous substances have been disposed of or released in amounts exceeding reportable quantities shall, within 30 days of receipt of knowledge by the property owner of the release or disposal, notify the division in writing on such forms as may be provided by the director. This notification shall include the location, type, quantity, and date of such disposal or release, if known, and a summary of actions taken to investigate, cleanup, or remediate the site. Such notification shall include a quadrangle map prepared in accordance with the National Ocean Survey/National Geodetic Survey or a Georgia Coordinate System pursuant to Article 2 of Chapter 4 of Title 44 that clearly indicates the location of the disposal or release; pro vided, however, that any property owner that has notified the United States Environ mental Protection Agency under Section 103(c) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, may satisfy this notification requirement by submitting a copy of the 103(c) notice together with such quadrangle map. Such notification shall also indicate the date upon which the affidavit of public notice required in subsection (c) of this Code section was filed for recording in the deed records of each of the clerks of the superior courts of the county or counties in which the real property lies. (e) The provisions of this Code section shall not be applicable to emissions regulated under the Chapter 9 of this title, the 'Georgia Air Quality Act of 1978,' point source dis charges regulated under Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act,' or sites regulated solely by Chapter jj of this title, the 'Georgia Under ground Storage Tank Act,' or substances regulated under Chapter 12 of this title, the 'Georgia Asbestos Safety Act.' (f) The director shall provide a property owner with 30 days' notice of the director's intention to list that property on the inventory as provided in this Code section. Within such 30 day period, the owner may present to the director information and facts which the property owner feels support the view that such property does not meet the criteria for listing as provided in regulations promulgated by the board. The director shall con sider such information in determining whether the property should be so listed, but the director shall not be prohibited from listing the property because of such submission. Once a property is listed on the inventory, the property owner shall be entitled to peti tion the director for its removal in accordance with regulations promulgated by the board and pursuant to paragraph (2) of subsection (c) of Code Section 12-2-2; provided, however, that no person shall be relieved of the requirements of subsections (b) and (c) of this Code section unless within 90 days of listing on the inventory a petition for removal from the inventory has been submitted to the director in accordance with regu lations promulgated by the board."

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Section 6. Code Section 12-8-101, relating to definitions relative to the Georgia Haz ardous Waste Management Authority, is amended by renumbering present paragraphs (3) and (4) as paragraphs (4) and (5), respectively; by inserting a new paragraph, to be num bered paragraph (3), to read as follows:
"(3) 'Hazardous waste' is defined as those wastes, substances, materials, and constit uents which are designated or defined as hazardous waste in Code Section 12-8-62."; and by striking renumbered paragraph (5) in its entirety and inserting a new paragraph (5) to read as follows:
"(5) 'Source reduction' means one or a combination of two or more of the following: programs and activities which encourage or facilitate the substitution of nonhazardous or less hazardous materials for hazardous materials in processes which generate hazard ous waste; programs or activities which encourage or facilitate changes in processes which generate hazardous waste so as to reduce the volume^ hazardous characteristics, and toxicity of hazardous waste generated; programs or activities which encourage or facilitate reuse and recycling of generated hazardous waste; and other programs and activities which may encourage or facilitate a reduction in the volume; hazardous charac teristics, and toxicity of hazardous waste generated or which requires disposal, such pro grams or activities to include, but not be limited to, technical and financial assistance, process and materials audits, treatment, process and materials demonstration projects, promotion of markets for waste, education and information programs, and recommenda tion of changes in the treatment of hazardous waste so as to further reduce potential contamination of the environment."
Section 7. Said title is further amended by striking in its entirety Code Section 12-8-141, relating to immunity from civil penalties for certain persons, and inserting in lieu thereof the following:
"12-8-141. (a) Except as otherwise provided in this Code section, no person who upon request provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials or in preventing, or in attempting to prevent, such a discharge shall be subject to civil liabilities or penalties of any type.
(b) Nothing in subsection (a) of this Code section shall be construed to limit or oth erwise affect the liability of any person for damages or other civil liabilities or penalties of any type resulting from such person's gross negligence or from such person's reckless, wanton, or intentional misconduct.
(c) Nothing in subsection (a) of this Code section shall be construed to limit or oth erwise affect the liability for damages or other civil or criminal liabilities or penalties of any type of any person whose conduct caused in whole or in part or contributed to such actual or threatened discharge of hazardous material.
(d) Nothing in subsection (a) of this Code section shall be construed to limit or oth erwise affect the liability of any person for civil or criminal liabilities or penalties pursu ant to Part 1. of Article 3 of this chapter or the legal responsibility of any person to comply with Part 1. of Article 3 of this chapter.
(e) Nothing in subsection (a) of this Code section shall be construed to limit or oth erwise affect the liability for damages or other civil or criminal liabilities or penalties of any person, as defined in this article, who receives or expects to receive compensation or any pecuniary benefit, directly or indirectly, from any source, other than reimburse ment for out-of-pocket expenses for services in rendering such assistance or advice."
Section 8. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

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The following amendment was read and withdrawn:

Representative Walker of the 115th moves to amend the Committee substitute to HB 1394 as follows:
By adding a new subparagraph (g) on line 17, page 65, to read as follows: "Notwithstanding any other provisions of this section or this Act to the contrary, there will be no hazardous waste generation fee required of an entity, if the hazardous waste is reclaimed or reused at the site of generation."

The Committee substitute was adopted.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthnrn Y Chatin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M N Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford N Lawrence Y Lawson YLee YLong YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1394 was ordered immediately transmitted to the Senate.

Representatives Dixon of the 128th and Heard of the 43rd 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.

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Representative Mueller of the 126th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

HB 1947.

By Representatives Hudson of the 117th, Godbee of the 110th, Barfoot of the 120th, Smith of the 16th, Ray of the 98th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of the term "catch-out pond"; to provide that persons may fish in a pond stocked with fish pur chased commercially which is not considered a catch-out pond pursuant to certain provisions of law without obtaining a fishing license or trout stamp and without complying with the creel limits, possession limits, size limits, and seasons set forth in other provisions of law.

The following Committee substitute was read and adopted:

A BILL To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of the term "catch-out pond"; to provide that persons may fish in a pond stocked with fish purchased commercially which is not considered a catch-out pond pursuant to certain provisions of law without obtaining a fishing license or trout stamp and without complying with the creel limits, possession limits, size limits, and seasons set forth in other provisions of law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety paragraph (11) of Code Section 27-1-2, relating to definitions used in said title, and inserting in lieu thereof a new paragraph (11) to read as follows: "(11) 'Catch-out pond' means a fresh-water pond or lake where the owner or operator charges persons a fee for the right to fish therein' provided, however, that such term shall not include a privately owned fresh-water pond or lake which is stocked with fish purchased by the owner from a commercial enterprise regardless as to whether the owner charges persons a fee for the right to fish therein." Section 2. Said title is further amended by striking in its entirety Code Section 27-4-31, relating to catch-out pond licenses, and inserting in lieu thereof a new Code Sec tion 27-4-31 to read as follows: "27-4-31. The owner or operator of a catch-out pond operated as one contiguous unit and under single ownership, including ownership by a partnership, firm, association, or corporation, may purchase a catch-out pond license as provided in Code Section 27-2-23. Such license shall not be transferable to another owner or operator or to any other site. Persons, both residents and nonresidents, may fish in a properly licensed catch-out pond or in a pond which is not considered a catch-out pond as a result of being stocked with fish purchased commercially pursuant to the proviso of paragraph (11) of Code Section 27-1-2 without obtaining a fishing license or trout stamp and without complying with the creel limits, possession limits, size limits, and seasons set forth in this title. It shall be unlawful for the owner or operator of a catch-out pond not properly licensed to represent to any person that such person may fish in the pond as if the pond were a licensed catch-out pond." Section 3. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by 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 Abernathy Y Adams Y Aiken Y Alford
Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Y Harriett,M Y Bates Y Realty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Buslick Y" Branch Y Breedlove
Brooks Brown Y Brush Y Buck Y Buckner Byrd Y Campbell Canty Y Carrell Y Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L
Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M
Davis.D Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingslon Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Yr Lawson Y Lee Long Y Lord Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney,B McKinney,C Y Meadows Y Merrill Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote N Perry Y Petlil Y Pinholster
Pinkston Y Poag Y Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith,L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Slancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas,M Thomas,N
Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Walson Y Watts White Y Wilder Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Fennel of the 155th and Turnquest of the 56th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Perry of the 5th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

HB 598. By Representative Parrish of the 109th: A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to authorize the issuance of general obligation debt for any project, other than road, street, and bridge purposes, in conjunction with the imposi tion of the tax when the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes.

The following Committee substitute was read:

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A BILL To amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to special purpose county sales and use taxation, so as to authorize the issu ance of general obligation debt for any project, other than road, street, and bridge purposes, in conjunction with the imposition of the tax when the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes; to provide for related matters; to change certain provisions relating to the length of imposition; to autho rize the state revenue commissioner to rely on certain representations and prohibit certain liability; to change certain provisions relating to the conducting of special elections; to pro vide for effective dates and for applicability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to special purpose county sales and use taxation, is amended by striking Code Section 48-8-111, relating to procedure for imposition of tax, and inserting in its place a new Code section to read as follows: "48-8-111. (a) Whenever a county governing authority votes to impose the tax authorized by this article, the governing authority shall notify the county election super intendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolu tion shall specify:
(1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of projects located within or without outside, or both within and without outside, any incorporated areas in the county and which may include any of the following purposes:
(A) Road, street, and bridge purposes; (B) A capital outlay project or projects of the county for the use of or the bene fit of the citizens of the entire county and consisting of a county courthouse; county administrative buildings; a civic center; a hospital; a county jail, correctional institu tion, or other detention facility; a county library; a coliseum; sanitary landfills; or any combination of such projects; (C) A capital outlay project or projects which will be operated by a joint author ity or authorities of the county and one or more municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county; (D) A capital outlay project or projects, to be owned or operated or both either by the county, one or more municipalities, or any combination thereof, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution, with one or more municipalities in the county, which municipality or municipalities contain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included; (E) A capital outlay project consisting of a cultural facility, a recreational facil ity, or an a historic facility (or a facility for some combination of such purposes); (F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or oper ated or both by a county water and sewer district and one or more municipalities in the county, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution; and when the tax is imposed pursuant to this subparagraph the pro ceeds of the tax shall be allocated between the water and sewer district and the municipality or municipalities based upon the population of the municipality or municipalities, according to the 1980 decennial census or any future such census,

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over the population of the county, according to the 1980 decennial census or any future such census, with such allocation to be specified in the contract or agreement relating to the capital outlay facility or facilities;
(G) The retirement of previously incurred general obligation debt of the county other than general obligation debt incurred for road, street, or bridge purposes, if such previously incurred general obligation debt was incurred for a project or projects of a type for which new general obligation debt may be incurred under this article; or
(H) Any combination of two or more of the foregoing; (2) The maximum period of time, to be stated in calendar years or calendar quart-Grs srici not to exceed five ye&Ps, of not to GXCOOQ rotiF yeftps n~ the proceeds or tii

trie *8x nifty TJC imposedj ^ (A) Five years if the proceeds of the tax are to be used in whole for purposes
other than road, street, and bridge purposes for which the tax may be imposed; (B) Four years if the proceeds of the tax are to be used m whole for road, street,
and bridge purposes for which the tax may be imposed; or (C) Four years for road, street, and bridge purposes and five years for purposes
other than road, street, and bridge purposes if the proceeds of the tax are to be used in part for road, street, and bridge purposes and in part for purposes other than road, street, and bridge purposes for which the tax may be imposed; (3) The maximum cost of the project or projects which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax, except that if the tax is to be imposed in whole or in part for road, street, and bridge purposes the maximum cost and maximum pro ceeds to be raised shall be omitted; and (4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article in cases where the tax is imposed other than in whole er in part for road, street, and bridge purposes, the principal amount of the debt to be issued, the purpose for which the debt is to be issued other than for road, street, and bridge purposes, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of tnc election lor a flay not 1C33 tnan o\/ nor more tnan 4o days alter tnc date Or tnc issuance ef- issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immedi ately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the pur pose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required.
(c) If the tax is to be imposed solely for road, street, and bridge purposes, the ballot shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed for road, street,

and bridge purposes in __________________ County for a period

of

?'

THURSDAY, MARCH 5, 1992

2151

(d) (1) If the tax is to be imposed solely for purposes other than for road, street, and bridge purposes and if no debt is to be issued, the ballot shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in

_______________ County for a period of time not to exceed

_______________ and for the raising of not more than

$ _____________

for

the

purpose

of

(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of _______________ County in the principal amount of $_______________ for the above purpose.' (3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the follow ing:

'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in _______________ County for a period of _______________________, for road, street, and bridge pur poses and for a period of _______________ for the purpose of

(4) If debt is to be issued for purposes other than road, street, and bridge pur poses, the ballot shall also have written or printed thereon, following the language specified by paragraph (3) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of _____________ County in the principal amount of $_____________ for the above purpose other than road, street, and bridge purposes.' (e) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the elec tion, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. (f) (1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Con stitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instru ments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from

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the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such general obligation debt shall, however, consti tute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. In no event shall any proceeds of a tax which is imposed pursuant to this article in whole or in part for road, street, or bridge purposes be used for payment of general obligation debt with respect to such road, street, and bridge purposes." Section 2. Said article is further amended by striking Code Section 48-8-113, relating to administration and collection of the special county 1 percent sales and use tax by the state revenue commissioner, and inserting in its place a new Code Section 48-8-113 to read as follows: "48-8-113. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county imposing the tax. Such administration and collection shall be accomplished in the same manner and sub ject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the county or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from the state tax imposed by Article 1 of this chapter." Section 3. Said article is further amended by striking Code Section 48-8-121, relating to use of tax proceeds, and inserting in its place a new Code section to read as follows: "48-8-121. (a) (1) 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 of the county and the governing authority of each municipality receiving any proceeds from the tax pursuant to a contract with the county shall maintain a record of each and every project for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows the amount estimated for each project in the resolution or ordinance calling for imposition of the tax, amounts expended in prior years, amounts expended in the current year, and the estimated percentage of completion of each project. The auditor shall verify and test expenditures of each project sufficient to express an opinion thereon in accordance with generally accepted governmental auditing standards. (b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, construction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from, roads, streets, and bridges both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt with respect to such road, street, and bridge purposes. (c) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article when the tax is imposed in whole or in part for road, street, and bridge purposes with respect to such road, street, and bridge purposes. If the

THURSDAY, MARCH 5, 1992

2153

tax is imposed solely for purposes other than road, street, and bridge purposes or in part for road, street, and bridge purposes and in part for other purposes, then no general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and if the debt is to be validated it is dem onstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax autho rized by this article net proceeds sufficient to fully satisfy such liability. General obliga tion debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the pro ceeds of the tax authorized by this article shall be satisfied from the general funds of the county.
(d) The resolution or ordinance calling for imposition of the tax authorized by this article solely for purposes other than for road, street, and bridge purposes or in part for road, street, and bridge purposes and in part for other purposes may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax with respect to purposes other than road, street, and bridge purposes. If the resolution or ordinance so provides, then such pro ceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section.
(e) (1) The resolution or ordinance calling for the imposition of the tax authorized by this article solely for purposes other than for road, street, and bridge purposes or in part for road, street, and bridge purposes and in part for other purposes may spec ify that a part of the proceeds of the tax will be used for payment of general obliga tion debt issued in conjunction with the imposition of the tax with respect to purposes other than road, street, and bridge purposes. If the ordinance or resolution so pro vides, it shall specifically state the other purposes for which such proceeds will be used; and such other purposes shall be a part of the capital outlay project or projects for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt ser vice requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed.
(2) In no event shall any proceeds of general obligation debt issued pursuant to this article be used for road, street, or bridge purposes. (f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or pur poses for which the proceeds will be used. (g) If the proceeds of the tax are specified to be used solely for the purpose of pay ment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in this subsection. If the county receives from the tax net proceeds other than from a tax imposed in whole or in part for road, street, and bridge purposes in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in this subsection. If the tax is terminated under par agraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess pro ceeds subject to this subsection. Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county other than indebted ness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess pro ceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reduc ing ad valorem taxes."

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JOURNAL OF THE HOUSE,

Section 4. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on January 1, 1993. This Act shall apply with respect to taxes imposed or to be imposed under any resolution or ordinance adopted by a county govern ing authority on or after January 1, 1993; and this Act shall not apply with respect to taxes imposed or to be imposed under resolutions or ordinances adopted prior to January 1, 1993.
(b) This subsection and Section 2 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Dover of the llth, et al. move to amend the Committee substitute to HB 598 by inserting between "purposes;" and "to" on line 8 of page 1 the following:

"to change the contents of certain ballot questions;".

By striking from line 18 of page 6 through line 30 of page 7 the following:

'"( ) YES Shall a special 1 percent sales and use tax be imposed for road, street, and bridge purposes in __________________ County for a period
( ) NO of_______________?'

(d) (1) If the tax is to be imposed solely for purposes other than for road, street, and bridge purposes and if no debt is to be issued, the ballot shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in

_______________ County for a period of time not to exceed

_______________ and for the raising of not more than

$_____________

for

the

purpose

of

(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:

'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of _______________ County in the principal amount of $_______________ for the above purpose.'

(3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the follow ing:

'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in

________________

County

for

a

period

of

_______________________, for road, street, and bridge pur

poses and for a period of ________________ for the purpose of

(4) If debt is to be issued for purposes other than road, street, and bridge pur poses, the ballot shall also have written or printed thereon, following the language specified by paragraph (3) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of _____________ County in the principal amount of $_____________ for the above purpose other than road, street, and bridge purposes.'",
and inserting in its place the following:

THURSDAY, MARCH 5, 1992

2155

'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed for road, street,

and bridge purposes in __________________ County for a period

of time not to exceed _______________ and for the raising of not

more than $_________________?'

~~

(d) (1) If the tax is to be imposed solely for purposes other than for road, street, and bridge purposes and if no debt is to be issued, the ballot shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in

________________ County for a period of time not to exceed

________________ and for the raising of not more than

$_____________

for

the

purpose

of

9'

(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:

'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ________________ County in the principal amount of $_______________ for the above purpose.'

(3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the follow ing:

'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in _______________ County for the raising of not more than $____________ for a period of time not to exceed _______________________, for road, street, and bridge purposes and for a period of time not to exceed ________________ for the purpose of _____________?'

If debt is to be issued for purposes other than road, street, and bridge pur poses, the ballot shall also have written or printed thereon, following the language specified by paragraph (3) of this subsection, the following:

'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of _____________ County in the principal amount of $______________ for the above purpose other than road, street, and bridge purposes.'"

The Committee substitute, as amended, was adopted.

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

Y Ahernathy
Y Adams Y Aiken Y Alford
Ashe Y Atkins Y Baker Y Balkcom Y Bartoot Y Bargeron Y Barnett.B
Barnett.M Y Bates

Y Beatty
Y Benefield N Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush Y Buck Y Buckner

Y Byrd
Y Campbell Canty
Y Carrell
Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker

Y Coleman
Y Colwell Connell
Y Culbreth
Y Cummings,B Cummings.M
Y Davis.D Davis.G
Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover

Y Dunn
Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M
Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene

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JOURNAL OF THE HOUSE,

V Griffin Y (iroover Y Hamilton Y Hammond Y Manner V Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y -Jackson Y -Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein

Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord
Lucas Y' Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody

Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell

Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper

Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder
Williams.B Williams.J Y Williams.R Y Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Fennel of the 155th and Long of the 142nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1361.

By Representative Parham of the 105th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Georgia Folk Festival as the official state folk festival.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y' Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y" Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck
Buckner

Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover

Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W Y Flynt
Godhee Y Golden Y Goodwin E Green Y' Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard

Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B

Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Poag Porter Y Poston

THURSDAY, MARCH 5, 1992

2157

Y Powell.A Y Puwell.C Y 1'resley Y Hurceil
Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal

Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith,!' Y Smith.W Y Smyre

Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas,N

Y Thurmund Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker,L

Y Wall Y Watson Y Watts
White Y Wilder
Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1931. By Representatives Herbert of the 76th, Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth: 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 authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted.

The following Committee substitute was read and adopted:

A BILL To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, the "Quality Basic Education Act," so as to authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted; to authorize the department to develop policies, standards, criteria, procedures, and administrative requirements to be promulgated by rules and regu lations; to require certain minimum criteria be included in a apprenticeship plan devel oped by the department; to require the department to establish pilot programs by a certain date and to implement a comprehensive apprenticeship program by fiscal year 1996; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, the "Quality Basic Education Act," is amended by adding immediately following Code Section 20-2-161.1, enacted by SB 417 adopted at the 1992 session of the General Assembly, a new Code section to read as follows: "20-2-161.2. (a) Any eleventh or twelfth grade pupil or pupil aged 16 or over in any public school in this state may enroll in a Youth Apprenticeship Program which is offered at that public school and which is approved for secondary credit by the depart ment. Such pupil shall be granted release time from the public school to work as an apprentice for any business enterprise which is approved by the department as a quali fied employer under the educational apprenticeship program. A pupil shall receive sec ondary credit for such apprenticeship only under the conditions established by the department. The department is authorized to establish a Youth Apprenticeship Program and to promulgate such policies, standards, procedures, criteria, and administrative requirements as may be necessary to implement the program by rules and regulations. The department shall consult the Department of Labor and the Department of Techni cal and Adult Education in developing such policies and procedures. The department's certified educational apprenticeship plan shall include but not be limited to the follow ing:
(1) A detailed training plan between employer and apprentice that identifies spe cific work tasks that will develop workplace competency;
(2) A minimum of 144 classroom hours of related academic instruction and train ing;

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JOURNAL OF THE HOUSE,

(3) A minimum of 2,000 hours of on-the-job training; (4) A progressive wage schedule established by the participating employer; (5) On-site evaluation of the pupil's performance; (6) Training remediation as necessary at the school site; (7) A broad range of skills but shall be focused on manufacturing and engineering technology, administration and office technology, and health care; (8) Development of materials by the business, industry, and labor community in conjunction with the department to promote the awareness of apprenticeships for high school students and encourage recruitment; and (9) Structural linkage between secondary and postsecondary components of the program leading to the awarding of a high school diploma and postsecondary certifica tion of occupational skills. The apprenticeship program shall include on-site training only in positions that have been certified by the Department of Labor as highly skilled jobs in business and indus try. (b) The department shall develop pilot projects for the fiscal year 1994 and fiscal year 1995 school years and shall implement and direct a comprehensive apprenticeship program for all school systems by fiscal year 1996." Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 101, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

HR 1011. By Representative Mobley of the 64th: A resolution honoring Ursula Miller.

HR 1012.

By Representative Edwards of the 112th: A resolution recognizing and commending Taylor County for its efforts to become a Certified Literate Community of Georgia.

HR 1013.

By Representatives Pelote of the 127th, Hamilton of the 124th, Merritt of the 123rd and Kingston of the 125th: A resolution recognizing and commending Miss Angelisa Savage.

HR 1014.

By Representatives White of the 132nd and Cummings of the 134th: A resolution honoring the Reverend Roswell Benjamin Smith, Sr., on the occasion of his retirement.

HR 1015.

By Representatives Pelote of the 127th, Hamilton of the 124th, Merritt of the 123rd and Kingston of the 125th: A resolution congratulating Rev. James Thomas Boston, Sr., on the occasion of his centennial birthday.

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HR 1016.

By Representatives Williams of the 48th, Murphy of the 18th, Kilgore of the 42nd, Walker of the 115th, Connell of the 87th and others: A resolution urging the Department of Education to develop a plan to offer certain competitive sports to female athletes in public secondary schools.

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

HB 1288.

By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th and Jamieson of the llth: A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White.

The following Senate substitute was read:

A BILL To create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White; to provide for two judges of the superior court and a district attorney for said cir cuit; to provide for their initial appointment, subsequent election, and compensation; to provide for the transfer of proceedings to said circuit; to revise the Mountain Judicial Cir cuit and the Northeastern Judicial Circuit; to provide for other matters relative to the foregoing; to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relat ing to superior courts, so as to provide for a new judicial circuit; to provide for the judges of the superior court and the terms of court in said circuit; 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. (a) Effective July 1, 1992, there is created a new judicial circuit of the superior courts of this state, to be known as the Enotah Judicial Circuit, which circuit shall be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White. The offices of the judge of the superior court and district attorney of the Enotah Judicial Cir cuit are created for said circuit. The initial judges and district attorney shall be appointed by the Governor for a term of office beginning on July 1, 1992, and continuing through December 31, 1994, and until successors are elected and qualified. Successors to the initial judges and district attorney shall be elected in the general election immediately preceding the expiration of a term of office and shall be elected for terms of office of four years each and until their respective successors are duly elected and qualified. Successors to the offices of judge and district attorney shall take office on the first day of January following their election. (b) The compensation and allowances of the judges and district attorney of said cir cuit shall be as now or hereafter provided by law. (c) All civil, equitable, and criminal proceedings and litigations pending in the supe rior courts of Towns, Union, Dawson, Lumpkin, and White counties at such time as they were a part of the Mountain Judicial Circuit and Northeastern Judicial Circuit, including all complaints, pleadings, petitions, indictments, special presentments, summonses, pro cesses, motions, writs, mesne, and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending, or commenced in such counties shall relate to, become a part of, and be transferred to the respective supe rior courts of the Enotah Judicial Circuit and its jurisdiction when said circuit comes into existence.

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Section 2. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by adding a new paragraph (17.1) to Code Section 15-6-1, relating to composition of the judicial circuits, and by striking paragraphs (25) and (26) of said Code section and inserting in lieu thereof the following:
"(17.1) Enotah Judicial Circuit, composed of the Counties of Towns, Union, Dawson. Lumpkin, and White;".
"(25) Mountain Judicial Circuit, composed of the Counties of Habersham, Rabun, and Stephens; Towns, and Union;
(26) Northeastern Judicial Circuit, composed of the Counties ef Hall, Dawaon, Lumpk4nr and White County of Hall;"
Section 3. Said chapter is further amended by adding a new paragraph (17.1) to Code Section 15-6-2, relating to the number of judges, to read as follows:
"(17.1) Enotah Circuit ..........................................................................................................2". Section 4. Said chapter is further amended by adding a new paragraph (17.1) to Code Section 15-6-3, relating to terms of court, and by striking paragraphs (25) and (26) of said Code section and inserting in lieu thereof the following: "(17.1) Enotah Circuit:
(A) Towns County January 1 and July L (B) Union County January 1 and July L (C) Dawson County First Monday in February and August. (D) Lumpkin County Fourth Monday in February and August. (E) White County First Monday in April and October." "(25) Mountain Circuit: (A) Habersham County January 1 and July 1. (B) Rabun County January 1 and July 1. (C) Stephens County January 1 and July 1. {) Towns County January i ad Jaly lv {9 Union County January i and Jaly IT (26) Northeastern Circuit: (A) Dawaon County First Monday February and August. {B} Hall County First Monday in May and November and second Monday in January and July. {&) White County First Monday in April and October." Section 5. For the purposes of the appointment of the judges and district attorney of the Enotah Judicial Circuit to take office on July 1, 1992, this Act shall become effec tive upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall be effective on July 1, 1992. Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Colwell of the 4th moved that the House disagree to the Senate substi tute to HB 1288.
The motion prevailed.

HB 1865.

By Representatives Milam of the 81st and Davis of the 77th: A bill to provide for homestead exemptions from Troup County ad valorem taxes for county purposes and from Troup County School District ad valorem taxes for educational purposes for certain residents of that county and school district.

The following Senate substitute was read:

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A BILL To provide for homestead exemptions from Troup County ad valorem taxes for county purposes, excluding taxes to retire bonded indebtedness, and from Troup County School District ad valorem taxes for educational purposes, excluding taxes to retire bonded indebtedness, for certain residents of that county and school district; to provide for defini tions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for a referendum; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Troup County, but not including taxes to retire bonded indebtedness or county school district ad valorem taxes for educational pur poses.
(2) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Troup County School District, but not including taxes to retire school bond indebtedness.
(3) "Disabled" means any person who has been determined to be blind or disabled for purposes of receiving supplemental security income benefits under Title XVI of the Social Security Act (42 U.S.C.A. Sections 1381 et seq.), upon furnishing a proper copy of such determination.
(4) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. Section 2. Each resident of Troup County who is 65 years of age or older or who is disabled is granted an exemption on that person's homestead from all Troup County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 3. Each resident of the Troup County School District who is 65 years of age or older or who is disabled is granted an exemption on that person's homestead from all Troup County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 4. The tax commissioner of Troup County or the designee thereof shall pro vide application and affidavit forms for the exemptions granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligi bility of the owner for the exemptions. Section 5. The exemptions shall be claimed and returned as provided in Code Sec tion 48-5-50.1 of the O.C.G.A. The exemptions shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemptions under this Act to notify the tax commis sioner of Troup County or the designee thereof in the event that person for any reason becomes ineligible for such exemptions. Section 6. The exemptions granted by this Act shall not apply to or affect any state taxes. Section 7. The exemptions granted by this Act shall be in lieu of and not in addi tion to any other homestead exemption from Troup County ad valorem taxes for county purposes or Troup County School District ad valorem taxes for educational purposes. Section 8. The exemptions granted by this Act shall apply to all taxable years beginning after December 31, 1992. Section 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Troup County shall call and conduct an election as provided

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in this section for the purpose of submitting this Act to the electors of Troup County and the Troup County School District for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 1992, 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 Troup County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides for the following homestead exemptions: (1) Troup County ad valorem taxes for county purposes, excluding taxes to retire bonded indebtedness, in the amount of $10,000.00 for qualified residents who are 65 or older or who are disabled and (2) Troup County School District ad valorem taxes for educational purposes, excluding taxes to retire bonded indebtedness, in the amount of $10,000.00 for qualified residents who are 65 or over or who are dis abled?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Sections 1 through 8 of this Act, then Sec tions 1 through 8 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1993; otherwise this Act 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. In the event the election provided for in this section is not conducted on or before the Tuesday after the first Monday in November, 1992, this Act shall stand repealed in its entirety on December 31, 1992.
The expense of such election shall be borne by Troup County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 10. Except as otherwise provided in Section 9 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Milam of the 81st moved that the House agree to the Senate substi tute to HB 1865.
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 fol lowing Bills of the House and Senate were taken up for consideration and read the third time:

HB 1256.

By Representative Watson of the 114th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the definition of retail sale regarding the state sales and use tax; to exempt certain revenues generated from cer tain amusement machines from state sales and use taxation.

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 change the definition of retail sale regarding the state sales and use tax;

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to exempt certain revenues generated from certain amusement machines from state sales and use taxation; to provide for the comprehensive regulation and licensure of bona fide coin operated amusement machines; to provide for definitions; to provide for master licenses and fees; to provide for refunds; to provide for grounds for reprimand or refusal to issue, suspension, or revocation of licenses; to provide for notice and hearing; to provide for notice of certain orders; to provide for judicial review and appeal; to provide for permit fees; to provide for refunds of such fees; to provide for application to certain machines acquired during a calendar year; to provide for administration; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for penalties; to provide for criminal violations; to provide for preservation of cer tain taxes, fees, penalties, and interest; to provide for applicability; to provide for construc tion; to provide for other matters relative to the foregoing; to provide for automatic repeal and revival; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subparagraph (E) of paragraph (6) of Code Section 48-8-2, relating to definitions regarding the state sales and use tax, which reads as follows: "(E) Charges made for the operation of coin-operated musical devices and other coin-operated amusement devices.", and inserting in its place a new subparagraph (E) to read as follows: "(E) Reserved." Section 2. Said title is further amended by striking paragraph (43) of Code Section 48-8-3, relating to exemptions from state sales and use tax, which reads as follows: "(43) Reserved;", and inserting in its place the following: "(43) Gross revenues generated from all bona fide coin operated amusement machines which vend or dispense music or are operated for skill, amusement, entertainment, or pleasure which are in commercial use and are provided to the public for play which will require a permit fee under Chapter 16 of this title;". Section 3. Said title is further amended by adding at the end thereof a new chapter, to be designated Chapter 16, to read as follows:
"CHAPTER 16 48-16-1. As used in this chapter, the term:
(1) 'Applicant' or 'licensee' means owner as defined in this Code section including an owner's officers, directors, shareholders, individuals, members of any association or other entity not specified, and, when applicable in context, the business entity itself.
(2) 'Bona fide coin operated amusement machine' means: (A) Every machine of any kind or character used by the public to provide
amusement or entertainment whose operation requires the payment of or the inser tion of a coin, bill, other money, token, ticket, or similar object and the result of whose operation depends in whole or in part upon the skill of the player, whether or not it affords an award to a successful player pursuant to subsections (b) through (f) of Code Section 16-12-35, and which can be legally shipped interstate according to federal law. Examples of bona fide coin operated amusement machines include, but are expressly not limited to, the following:
Pinball machines; Console machines; (iii) Video games; Crane machines; Claw machines; Pusher machines; (vii) Bowling machines; (viii) Novelty arcade games;

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(ix) Foosball or table soccer machines; (x) Miniature racetrack, football or golf machines; (xi) Target or shooting gallery machines; (xii) Basketball machines; (xiii) Shuffleboard games; (xiv) Kiddie ride games; (xv) Skeeball machines; (xvi) Air hockey machines; (xvii) Roll down machines; (xviii) Coin operated pool table or coin operated billiard table as defined in paragraph (3) of Code Section 43-8-1; and (xix) Any other similar amusement machine which can be legally operated in Georgia; and (B) Every machine of any kind or character used by the public to provide music whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, or similar object such as jukeboxes or other similar types of music machines. The term 'bona fide coin operated amusement machine' does not include the follow ing: (i) Coin operated washing machines or dryers; (ii) Vending machines which for payment of money dispense products or ser vices; (iii) Gas and electric meters; (iv) Pay telephones; (v) Pay toilets; (vi) Cigarette vending machines; (vii) Coin operated scales; (viii) Coin operated gumball machines; (ix) Coin operated parking meters; (x) Coin operated television sets which provide cable or network program ming; (xi) Coin operated massage beds; and (xii) Machines which are not legally permitted to be operated in Georgia. (3) 'Commissioner' means the state revenue commissioner. (4) 'Master license' means the certificate which every owner of a bona fide coin operated amusement machine must purchase and display in the owner's or operator's place of business where the machine is located for commercial use by the public for play in order to legally operate the machine in the state. (5) 'Operator' means any person, individual, firm, company, association, corpora tion, or other business entity who exhibits, displays, or permits to be exhibited or dis played, in a place of business other than his own, any bona fide coin operated amusement machine in this state. (6) 'Owner' means any person, individual, firm, company, association, corporation, or other business entity owning any bona fide coin operated amusement machine in this state. (7) 'Permit fee' means the annual per machine charge which every owner of a bona fide coin operated amusement machine in commercial use must purchase and display in either the owner's or operator's place of business in order to legally operate the machine in the state. (8) 'Sticker' means the decal issued for every bona fide coin operated amusement machine to show proof of payment of the permit fee. 48-16-2. (a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amuse ment machine shall pay an annual master license fee of $2,500.00. The cost of the license shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon said payment, the commissioner shall issue a master license certifi cate to the owner. The $2,500.00 master license fee shall be tied to the state sales and

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use tax rate of 4 percent and shall be increased in a proportionate amount by the com missioner if the state sales and use tax rate increases. The master license levied by this chapter shall be collected by the commissioner on an annual basis, provided that an owner may purchase a six-month master license during the calendar year for $1,750.00. The commissioner may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this chapter may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any calendar year.
(b) A copy of an owner's master license shall be prominently displayed at all loca tions where the owner has bona fide coin operated amusement machines available for commercial use and for play by the public to evidence the payment of the fee levied under this Code section.
(c) Each master license shall not list the name of the owner but shall have a control number which corresponds with the control number issued on the permit sticker to allow for effective monitoring of the licensing and permit system.
(d) The commissioner may provide a duplicate original master license certificate if the original master license certificate has been lost, stolen, or destroyed. The fee for a duplicate original master license certificate is $100.00. If the original master license cer tificate is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the master license was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed master license certificate before a duplicate original master license certificate can be issued. A master license for which a duplicate master license certificate has been issued is void.
(e) A master license issued under this chapter: (1) Is effective for a single business entity; (2) Vests no property or right in the licensee except to conduct the licensed busi
ness during the period the license is in effect; (3) Is nontransferable, nonassignable by and between owners, and not subject to
execution; and (4) Expires upon the death of an individual licensee or upon the dissolution of any
other licensee. (f) An application for the renewal of a license must be made to the commissioner by December 1 of each year. (g) Acceptance of a master license issued under this chapter constitutes consent by the licensee and the owner or operator of the business where bona fide coin operated amusement machines are available for commercial use and for play by the public that the commissioner or his agents may freely enter the licensed business premises during normal business hours for the purpose of ensuring compliance with this chapter. (h) An application for a master license to do business under this chapter shall con tain a complete statement regarding the ownership of the business to be licensed. This statement of ownership shall specify the same information that is required of the appli cation to secure a sales tax number for the State of Georgia. (i) The application shall be accompanied by either the annual or semiannual fee plus the required permit fee due for each machine. Additional per machine permits can be purchased during the year if needed by the owner. (j) The statement of ownership information which is contained in the application will be treated in the same manner as sales tax information records maintained by the department. (k) A renewal application filed on or after January 1, but before the master license expires, shall be accompanied by a late fee of $125.00. If an owner's master license has been expired for more than 90 days, the owner may not renew the master license. In such a case, the owner shall obtain a new master license by complying with the require ments and procedures for obtaining an original master license. (1) An owner who properly completes the application and remits all fees with it by the due date may continue to operate bona fide coin operated amusement machines after the expiration date if its license renewal has not been issued, unless the licensee is notified by the commissioner prior to the license expiration date of a problem with the license renewal.

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48-16-3. (a) No refund is allowed for a master license except as follows: (1) The owner makes a written request to the commissioner for a refund prior to
the beginning of the calendar year for which it was purchased; (2) The owner makes a written request prior to the issuance of the master license
or registration certificate; (3) The owner makes a written request for a refund claiming the master license
or registration certificate was mistakenly purchased due to reliance on incorrect infor mation from the commissioner;
(4) The processing of the master license is discontinued; or (5) The issuance of the master license is denied. (h) Before a refund will be allowed if the renewal of a master license is denied, the commissioner shall verify that the applicant has no machines in operation and does not possess any machines except those that are exempt from the fees. If a master license is not issued, the commissioner may retain $100.00 to cover administrative costs. (c) No refund will be allowed if the owner has an existing liability for any other fees or taxes due. Any refund will be applied to the existing liability due. 48-16-4. (a) The commissioner shall not renew a master license for a business under this chapter and shall suspend for any period of time or cancel a master license if the commissioner finds that the applicant or licensee is indebted to the state for any fees, costs, penalties, or delinquent fees. (b) The commissioner shall not issue or renew a license for a business under this chapter if the applicant does not designate and maintain an office in this state or if the applicant does not permit inspection by the commissioner of his place of business or of all records which the applicant or licensee is required to maintain. (c) The commissioner may refuse to issue or renew a master license or may revoke or suspend a master license issued under this chapter if: (1) The licensee or applicant has intentionally violated a provision of this chapter or a regulation promulgated under this chapter; (2) The licensee or applicant has intentionally failed to answer a question or has intentionally made a false statement in or in connection with his application or renewal; (3) The licensee or applicant used coercion to accomplish a purpose or to engage in conduct regulated by the commissioner; (4) A licensee or applicant that allows the use of its master license certificate or per machine permit stickers by any other business entity or person who owns or oper ates bona fide coin operated amusement machines available for commercial use and available to the public for play. If such unauthorized use occurs, the commissioner may fine the licensee as follows:
(A) One hundred and fifty dollars for each improper use of a per machine per mit sticker; and
(B) One thousand dollars for each improper use of a master license certificate. In addition, the commissioner is authorized to seize the machines in question and assess the master license and permit fees as required by law and to assess the costs of such seizure to the owner or operator of the machines; or
(5) Failure to suspend or revoke the license would be contrary to the intent and purpose of this chapter. (d) The commissioner, on the request of a licensee or applicant for a license, shall conduct a hearing to ascertain whether a licensee or applicant for a license has engaged in conduct which would be grounds for revocation, suspension, or refusal to issue or renew a license. 48-16-5. (a) An applicant or licensee is entitled to at least 30 days' written notice and, if requested, a hearing in the following instances:
(1) After an application for an original or renewal license has been refused; (2) Before the commissioner may revoke a license; or (3) Before the commissioner may invoke any other sanctions provided by this chapter. (b) The written notice provided by this Code section may be served personally by the commissioner or an authorized representative or sent by United States certified mail

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addressed to the applicant, licensee, or registration certificate holder at its last known address. In the event that notice cannot be effected by either of these methods after due diligence, the commissioner may prescribe any reasonable method of notice calculated to inform a person of average intelligence and prudence of the commissioner's action, including publishing the notice in a newspaper of general circulation in the area in which the applicant, licensee, or registration certificate holder conducts its business activities. The written notice shall state with particularity the basis upon which the commissioner is taking the proposed actions.
48-16-6. (a) The commissioner shall deliver to the applicant or licensee a written copy of the order refusing an application or renewal application, revoking a master license, or imposing any other sanction provided in this chapter.
(b) Delivery of the commissioner's order may be given by: (1) Personal service upon an individual applicant or licensee; (2) Personal service upon any officer, director, partner, trustee, or receiver, as the
case may be; (3) Personal service upon the person in charge of the business premises, temporar
ily or otherwise, of the applicant or licensee; (4) Sending such notice by United States certified mail addressed to the business
premises of the applicant or licensee; or (5) Posting notice upon the outside door of the business premises of the applicant
or licensee. (c) Notice shall be deemed complete upon the performance of any action authorized in this Code section. 48-16-7. (a) Appeal by an affected person from all actions of the commissioner shall be to the Superior Court of Fulton County or the superior court where the owner has the machines located at the time that the action has been taken by the commissioner. The review shall be conducted by the court and shall be confined to the record. (b) The court shall not substitute its judgment for that of the commissioner as to the weight of the evidence on questions of fact committed to the discretion of the com missioner. The court may affirm the decision of the commissioner in whole or in part; the court shall reverse or remand the case for further proceedings if substantial rights of the appellant have been prejudiced because the commissioner's findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the commissioner; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not reasonably supported by substantial evidence in view of the reliable and probative evidence in the record as a whole; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion. 48-16-8. Appeal from any final judgment of the superior court may be taken by any party, including the commissioner, in the manner provided for in civil actions generally. 48-16-9. (a) Every owner, except an owner holding a coin operated machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay a uniform annual permit fee of $15.00 per bona fide coin operated amusement machine. The fee shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon payment, the commissioner shall issue a sticker for each $15.00 pay ment for each coin operated machine. The $15.00 fee per bona fide coin operated amuse ment machine will be tied to the state sales and use tax rate of 4 percent and will be increased in a proportionate amount by the commissioner if such sales tax rate increases. The annual fees levied by this chapter will be collected by the commissioner on an annual basis. The commissioner may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter shall be allowed to any owner who ceases the exhibition or display of any coin operated machine prior to the end of any calendar year.

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(b) The sticker issued by the commissioner to evidence the payment of the fee under this Code section shall be securely attached to the machine or prominently displayed at the location where the machine is located. Owners may transfer stickers from one machine to another and from location to location so long as all machines in commercial use available for play by the public have a sticker and the owner uses the stickers only for machines that it owns.
(c) Each permit sticker shall not list the name of the owner but shall have a control number which corresponds with the control number issued on the master license certifi cate to allow for effective monitoring of the licensing and permit system. Permit stickers are only required for bona fide coin operated amusement machines in commercial use available to the public for play at a location.
(d) The commissioner may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $10.00. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void.
48-16-10. No refund shall be allowed for the annual permit fee assessed on each bona fide coin operated amusement machine registered with the commissioner except as fol lows:
(1) The owner makes a written request to the commissioner for a refund prior to the beginning of the calendar year for which the permit sticker was purchased and returns the permit sticker;
(2) The owner makes a written request for a refund prior to the issuance of the permit sticker;
(3) The owner makes a written request for a refund claiming the permit sticker was mistakenly purchased for a machine not subject to the permit fee and returns the permit sticker; or
(4) The owner provides the commissioner with a sworn affidavit that a machine was sold, stolen, or destroyed prior to the beginning of the calendar year for which the permit was purchased and returns the sticker unless it was attached to the stolen or destroyed machine. 48-16-11. If an owner purchases or receives additional coin operated machines during the calendar year, the $15.00 permit fee shall be paid to the commissioner and the sticker shall be affixed to the machine or placed at the location where the machine is located before the machine may be legally operated. A penalty fee of $50.00 shall be assessed by the commissioner for every machine in operation without a permit sticker. 48-16-12. (a) The commissioner shall provide for the proper administration of this chapter. The commissioner may initiate investigations, hearings, and take other neces sary measures to ensure compliance with the provisions of this chapter or to determine whether violations exist. If the commissioner finds evidence of any criminal violations, the commissioner shall notify the appropriate prosecuting attorney in the county in which such violation occurred. (b) The commissioner is authorized to provide for the enforcement of this chapter and the collection of the revenues under this chapter by rule and regulation. (c) The commissioner may delegate to an authorized representative any authority given to the commissioner by this chapter, including the conduct of investigations and the holding of hearings. 48-16-13. (a) If any owner or operator of any bona fide coin operated amusement machine in this state shall violate any provision of this chapter or any rule and regula tion promulgated under this chapter, the commissioner may investigate the violation and may seek sanctions, including late fees of $50.00 for failure to pay timely permit sticker fees, $125.00 for failure to pay timely the master license fee, suspension or revocation of a license, seizure of equipment, interest penalty, and debarment for repeat offenders. (b) No person other than an owner shall intentionally remove a current tax sticker from a bona fide coin operated amusement machine or from the location where the

THURSDAY, MARCH 5, 1992

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machine is located. Any person who violates this subsection shall be guilty of a misde meanor.
(c) A person who owns or operates bona fide coin operated amusement machines without a current master license or without a permit sticker on display shall be guilty of a misdemeanor.
(d) A person who knowingly secures or attempts to secure a master license or permit sticker under this chapter by fraud, misrepresentation, or subterfuge is guilty of a fel ony.
(e) Any person who knowingly uses a sticker for the purpose of engaging in unlawful gambling shall be guilty of a misdemeanor.
(f) Any bona fide coin operated amusement machine not having the required master license or permit stickers may be seized and confiscated by the commissioner or his agents or employees and sold at public auction after 30 days' advertisement. Upon pay ment of the license required, the commissioner may return any property so seized and confiscated and compromise any tax or penalty assessed. The owner from whom the bona fide coin operated amusement machine is seized may, at any time within ten days after the seizure, repossess the property by filing with the commissioner a bond, in cash or executed by a surety company authorized to do business in this state, in double amount of the tax and penalties due. Within 30 days after the bond has been filed, the owner must bring an action in a court of competent jurisdiction to have the seizure set aside; otherwise, the bond so filed must be declared forfeited to the commissioner.
(g) The commissioner or an authorized representative of the commissioner may seal in a manner that will prevent its full operation any such bona fide coin operated amuse ment machine that is in commercial use available to the public for play whose master license or sticker under this chapter has been suspended or revoked, upon which the fee has not been paid, or that is not registered with the commissioner under this chapter. Whoever shall break the seal affixed by the commissioner or an authorized representa tive of the commissioner without the commissioner's approval or whoever shall provide in commercial use available to the public for play any such bona fide coin operated amusement machine after said seal has been broken without the commissioner's approval or whoever shall remove any bona fide coin operated amusement machine from location after the same has been sealed by the commissioner shall be guilty of a misde meanor. The commissioner shall charge a fee of $75.00 for the release of any bona fide coin operated amusement machine which is sealed. The fee shall be paid to the commis sioner.
48-16-14. (a) All taxes, fees, penalties, and interest accruing to the State of Georgia under any other provision of this title as it existed prior to January 1, 1993, shall be and remain valid and binding obligations to the State of Georgia for all taxes, penalties, and interest accruing under the provisions of prior or preexisting laws and all such taxes, penalties, and interest now or hereafter becoming delinquent to the State of Georgia prior to January 1, 1993, are expressly preserved and declared to be legal and valid obli gations to the state.
(b) The enactment of this chapter shall not affect offenses committed or prosecu tions begun under any preexisting law, but any such offenses or prosecutions may be conducted under the law as it existed at the time of the commission of the offense.
(c) Nothing in this chapter shall be construed or have the effect to license, permit, authorize, or legalize any machine, device, table, or bona fide coin operated amusement machine the keeping, exhibition, operation, display, or maintenance of which is in viola tion of the laws or Constitution of this state."
Section 4. This Act shall stand repealed in its entirety on January 1, 1996, and shall be void and of no effect and the provisions affected by this Act shall be specifically revived as such provisions stood before the enactment of this Act, as amended by laws other than this Act.
Section 5. This Act shall become effective on January 1, 1993. Section 6. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 101, nays 8. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Irwin of the 57th, Birdsong of the 104th and Jenkins of the 80th wish to be recorded as voting "nay" on HB 1256.

SB 560. By Senator Pollard of the 24th: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to correct a typographical error relative to the payment of contributions when an employing unit sells or transfers business or stock of goods; to correct a statutory reference; to delete a reference to an obsolete statute; to provide an effective date.

The following amendment was read and adopted:

Representative Smyre of the 92nd moves to amend SB 560 by adding on line 6 of page 1 after the word and symbol "statute;" and before the word "to" the following:
"to provide requirements for entitlement to extended unemployment compensation benefits;"
By renumbering Section 5 and Section 6 on page 4 as Section 6 and 7, respectively, and adding a new Section 5 to read as follows:
"Section 5. Said chapter is further amended by striking subsection (b) of Code Section 34-8-197, relating to eligibility requirements for extended benefits, in its entirety and inserting in its place a new subsection (b) to read as follows:
'(b) Applicability of provisions as to regular benefits to claims for and payment of extended benefits. Except when the result would be inconsistent with the other provi sions of this Code section, as provided in the regulations of the Commissioner, the provi sions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. To establish entitlement to extended benefits, an individual must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. The alternative computation for entitlement as required by Code Section 34-8-193 shall not apply to extended benefits.'"

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 102, nays 1. 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 Sen ate amendment thereto:

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HB 727. By Representatives Cheeks of the 89th, Murphy of the 18th, Watson of the 114th, Watts of the 41st, Edwards of the 112th and others: A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks purchased with state funds shall remain the property of each local unit of administration to establish policies for the proper care and protection of its textbooks and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit.

The following Senate amendment was read:

Amend HB 727 by striking on page 2, lines 16 through 19.

Representative Cheeks of the 89th moved that the House disagree to the Senate amendment to HB 727.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:

HB 1812.

By Representatives Groover of the 99th, Kilgore of the 42nd, Walker of the 115th, Irwin of the 57th, Sinkfield of the 37th and others: 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 personnel of local school systems.

The following Committee substitute was read and adopted:

A BILL To amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to teachers and other school personnel, so as to provide for grievance proce dures for certificated personnel of local school systems; to provide a statement of purposes; to define a term; to provide minimum standards for grievance procedures implemented by local boards of education; to allow the adoption of supplemental rules and policies by local boards of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to teachers and other school personnel, is amended by adding immediately following Part 10 a new Part 11 to read as follows:
"Part 11 20-2-989.5. This part shall be known and may be cited as the 'Georgia Grievance Procedures Act.' 20-2-989.6. The purpose of this part is to provide minimum standards for grievance procedures for certificated personnel so that local boards of education in Georgia and their certificated employees may resolve problems which arise between them within the scope of the employment relationship so that good morale may be maintained, effective job performance may be enhanced, and the citizens of the community, particularly the

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JOURNAL OF THE HOUSE,

children of Georgia, may be better served. These procedures require local boards of edu cation to implement a simple, expeditious, and fair process for resolving problems at the lowest administrative level and shall be construed to effectuate this purpose. It is not the purpose of this part to authorize or encourage collective bargaining for or on behalf of any individual certificated employee or group of certificated employees.
20-2-989.7. (a) As used in this part, the term 'grievance' means any claim by an affected certificated employee of any local board of education alleging a violation, misap plication, or misinterpretation of the statutes, policies, practices, rules, regulations, or the written agreements under which such certificated employee works.
(b) The termination, nonrenewal, demotion, or suspension of any certificated employee, as set forth in Part 7 of this article, and the revocation, suspension, or denial of certificates of any employee, as set forth in Part 1 of this article, shall not be the subject of any grievance filed under this part.
20-2-989.8. Each local board of education, as defined in paragraph (1) of subsection (a) of Code Section 20-2-942, shall promulgate written policies and procedures providing for a grievance procedure for all certificated personnel employed by the board. At a min imum, the grievance procedure shall provide:
(1) That no reprisals of any kind shall be taken by the local board of education, the superintendent, or any agent or employee of the school system against any certifi cated employee or other individual for the purpose of interfering with any right or privilege secured by this part or because such individual has filed a grievance, testi fied, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. Reprisals shall be considered unprofessional conduct and any evidence of reprisal shall be referred to and investigated by the Professional Practices Commis sion;
(2) A method and time frame for filing grievances and appeals, including succes sive levels of appeal from the grievant's immediate supervisor to the local system superintendent to the local board of education, provided that the grievant shall be entitled to file a grievance within ten days from the most recent incident upon which the grievance is based, provided that the grievant shall have a minimum of ten days to file an appeal at any level up to and including the local board of education, and provided that the total time frame shall not exceed 60 days from the initiation of the grievance until notification to the grievant of the decision rendered by the local board of education, and provided that the right of appeal at each successive level is vested solely with the grievant;
(3) The manner in which notice of the initial hearing and appeals shall be given; (4) That the grievant shall be entitled to an opportunity to be heard and to present relevant evidence at each level and, additionally, be entitled to a de novo hearing, the right to examine witnesses, and the right to present all relevant evidence at the local board of education level; (5) For the keeping of an accurate record of the proceedings in any hearing con ducted pursuant to this part, requiring the proceedings to be recorded by mechanical means and the preservation of all evidence at each level, which record shall be availa ble at all times to the grievant; (6) That the grievant is entitled to the presence of one person of his or her own choosing to assist in the presentation of the grievance at the superintendent and local board of education levels but not prior thereto; provided, however, that should the board of education or superintendent have an attorney or anyone other than the des ignated representative present at any prior level, the grievant shall be notified in advance and entitled to be accompanied and assisted by a representative of his or her choice; (7) That the grievant has an opportunity to present additional evidence at each level of the grievance process, provided that such evidence is relevant to the issues presented at the initial hearing; provided, however, no new issues may be raised after the initial grievance is filed, except by agreement of all parties; (8) That any grievance not processed by the school system administration or at the local board level within the time frames required by the local grievance procedure and this part shall be resolved in favor of the grievant;

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(9) That each decision be reduced to writing and dated. Each decision shall con tain findings of fact and set forth the specific reasons for the particular resolution reached. The decision reached at each grievance level shall be sent by certified mail to the grievant within ten days of the hearing at such level;
(10) That any decision rendered by a local board of education in any grievance filed pursuant to the provisions of this part shall be appealable to the State Board of Edu cation. The appeal shall be filed with and heard by the State Board of Education in accordance with the procedures contained in Code Section 20-2-1160; and
(11) That all costs and fees shall be borne by the party incurring them unless oth erwise agreed upon by the parties involved, except that the cost of preparing and pre serving the record of the proceedings shall be borne by the local board of education. 20-2-989.9. Nothing in this part shall be construed to prevent a local board of educa tion from adopting supplemental rules and policies not inconsistent with this part that grant additional substantive and procedural rights to its certificated employees." Section 2. This Act shall become effective on September 1, 1992. Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy Y Adams Y Aiken
Alford Y Ashe N Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick N Branch Y Breedlove Y Brooks Y Brown N Brush Y Buck Y Buckner YByrd Y Campbell
Canty N Carrell N Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis.G N Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn N Edwards Y Elliott Y Felton Y Fennel N Floyd,J.M Y Floyd.J.W Y Flynt N Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner N Harris.B Y HarrisJ

N Heard Y Henson Y Herbert Y Holland Y Holmes
Howard N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore
King Y Kingston Y Klein YLadd Y Lane.D N Lane.R E Langford N Lawrence Y Lawson YLee YLong YLord
Lucas N Mann N Martin Y McBee
McCoy Y McKelvey Y McKinney.B
McKinney.C N Meadows Y Merritt
Milam

Y Mills Y Mobley Y Moody Y Morsberger N Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham N Parrish Y Patten Y Pelote N Perry Y Pettit N Pinholster
Pinks ton NPoag N Porter Y Poston Y Powell.A Y Powell.C N Presley
Purcell Randall YRay Y Reaves Y Redding N Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White N Wilder
Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 125, nays 32. The Bill, having received the requisite constitutional majority, was passed, by substitute.

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Representative Poag of the 3rd stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Groover of the 99th moved that HB 1812 be immediately transmitted to the Senate.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Ashe N Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell
Canty N Carrell
Carter Y Cauthorn N Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel N Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J

Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin
Jackson Y Jamieson Y Jenkins N Jones Y Kilgore
King Y Kingston Y Klein N Ladd Y Lane.D Y Lane,R E Langford N Lawrence Y Lawson Y Lee YLong Y Lord
Lucas N Mann Y Martin Y McBee
McCoy Y McKelvey Y McKinney.B
McKinney,C N Meadows Y Merritt
Milam

On the motion, the ayes were 121, nays 25. The motion prevailed.

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham N Parrish
Patten Y Pelote N Perry Y Pettit
Pinholster Pinkston NPoag N Porter Poston Powell,A Y Powell.C N Presley Purcell Randall YRay Y Reaves Y Redding N Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield

Skipper Y Smith.L
Smith.P Y Smith.T Y Smith, W Y Smyre Y Snow N Stancil.F N Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N Y Thurmond Y Titus N Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White Wilder Williams.B Williams.J Y Williams.R Y Yeargin Murphy,Spkr

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

HB 1684.

By Representatives Parham of the 105th and Lord of the 107th: A bill to repeal an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County.

The following Senate substitute was read:

A BILL To amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County, approved March 14, 1983 (Ga. L. 1983, p. 4027), so as to change the manner of selecting the chief magistrate and other mag istrates of said magistrate court; to change the provisions relating to the number of magis trates for the Magistrate Court of Baldwin County; to change the provisions relating to

THURSDAY, MARCH 5, 1992

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the filling of vacancies; to change the provisions relating to the annual salary of the chief magistrate and other magistrates; to change the provisions relating to funds and fees received by the magistrate court; to provide for the expenses of operating the magistrate court; to repeal certain provisions relating to annual reports, removal of magistrates, and costs and expenses of training required of magistrates; to provide for a referendum; to pro vide procedures in connection with such referendum; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PARTI
Section 1. An Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County, approved March 14, 1983 (Ga. L. 1983, p. 4027), is amended by striking in its entirety subsection (a) of Section 2 and insert ing in lieu thereof a new subsection (a) to read as follows:
"(a) The present vacancy in the office of chief magistrate of Baldwin County for the unexpired term expiring December 31, 1992, shall be filled in accordance with the provi sions of subsection (e) of Code Section 15-10-20 of the O.C.G.A. by an appointment by majority vote of the judges of the Superior Court of Baldwin County. In accordance with subsection (d) of Code Section 15-10-20 of the O.C.G.A., for the term beginning January 1, 1993, the chief magistrate shall be elected by the voters of the county at the general election in 1992, in a partisan election in the same manner as county officers are elected. Thereafter, the chief magistrate shall be elected in accordance with said subsection (d) of Code Section 15-10-20 of the O.C.G.A."
Section 2. Said Act is further amended by striking in its entirety Section 3, which reads as follows:
"Section 3. (a) A vacancy in the office of chief magistrate of the Magistrate Court of Baldwin County shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
(b) A vacancy in the office of any other magistrate shall be filled by appointment by the chief magistrate for the remainder of the unexpired term.", and inserting in lieu thereof the following:
"Section 3. Reserved." PART II
Section 3. Said Act is further amended by striking in their entirety subsections (b) and (c) of Section 1 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The clerk of the magistrate court, constables, and other court personnel of the magistrate court shall be appointed by the chief magistrate; provided, however, that the number of such court personnel shall be approved by the governing authority of Baldwin County."
Section 4. Said Act is further amended by striking Sections 4 through 7 in their entirety and inserting in lieu thereof new Sections 4, 5, and 6 to read as follows:
"Section 4. In accordance with the provisions of subsection (a) of Code Section 15-10-23 of the O.C.G.A. permitting local law to provide for a minimum annual salary for the chief magistrate, the minimum annual salary of the chief magistrate of Baldwin County is set at $25,000.00.
Section 5. In accordance with the provisions of subsection (f) of Code Section 15-10-20 of the O.C.G.A. permitting local law to provide for the number and method of selection of magistrates, in addition to the chief magistrate there shall be not less than two addi tional magistrates for Baldwin County. In accordance with subsection (b) of Code Sec tion 15-10-23 of the O.C.G.A. allowing local law to provide for a minimum salary for magistrates, each such magistrate other than the chief magistrate shall receive a mini mum monthly salary of $300.00 per month.
Section 6. (a) On the effective date of this section, any funds remaining in, or due to, or under the control or direction of the chief magistrate or the treasury of the Magis trate Court of Baldwin County created in accordance with Section 5 of an Act providing

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for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County, approved March 14, 1983 (Ga. L. 1983, p. 4027), are declared and deemed funds of Baldwin County and shall be paid into the general funds of Bald win County in the manner provided in Code Section 15-10-85 of the O.C.G.A. On and after the effective date of this section, any funds or fees due or owed to the Magistrate Court of Baldwin County shall be paid into the general funds of Baldwin County in the manner provided in Code Section 15-10-85 of the O.C.G.A., except that the Magistrate Court of Baldwin County is authorized to hold in trust disputed funds paid into the court pending the resolution of disputes before the court.
(b) The governing authority of Baldwin County shall pay from the general funds of the county the debts and expenses of the Magistrate Court of Baldwin County for sala ries, fixtures, supplies, and equipment necessary for the proper functioning of the magis trate court, in accordance with general law."

PART III

Section 5. Part II of this Act shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.

Section 6. (a) Part I of this Act shall become effective as provided in subsection (b) of this section.
(b) In the event the Supreme Court of Georgia in the case entitled Robert H. Green, Judge, v. Drinnon Inc. DBA Union Recorder Docket No. S92A086 now pending in said court hold? that the method of selecting the chief magistrate of the Magis trate Court of Baldwin County provided in an Act approved March 14, 1983 (Ga. L. 1983, p. 4027), Act No. 157, is valid and unless prohibited by the federal Voting Rights Act of 1965, as amended, then the election superintendent of Baldwin County, on the first date following the final decision of the Supreme Court upholding such provision on which a special election on such question can be held shall, in conformity with Code Section 21-2-540 of the O.C.G.A., issue the call for and conduct a special election relative to the selection of the chief magistrate of the Magistrate Court of Baldwin County. The superin tendent 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 Baldwin County. The ballot shall have written or printed thereon the words:

YES ( ) NO

Shall Part I of an Act be approved which provides that the chief magis trate of the Magistrate Court of Baldwin County shall be elected by the voters of the county in a partisan election in the same manner as county officers are elected and which provides for a different method of selecting other magistrates and for filling vacancies in the office of chief magistrate or magistrate?"

All persons desiring to vote for approval of Part I of the Act shall vote "Yes," and those persons desiring to vote for rejection of Part I of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Part I of this Act, it shall become of full force and effect upon the certification of the results of said special election. If Part I of this Act is not so approved or if the election is not conducted as provided in this section, Part I of this Act shall not become effective and shall be auto matically repealed upon the certification of the results of said special election.
The expense of such election shall be borne by Baldwin County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Parham of the 105th and Lord of the 107th move to amend the Sen ate substitute to HB 1684 by striking from lines 28 and 29 on page 4 the following:

THURSDAY, MARCH 5, 1992

2177

"Robert H. Green, Judge, v. Drinnon Inc. DBA Union Recorder Docket No. S92A086", and inserting in lieu thereof the following:
"Quo Warranto - Regarding the Magistrate Court of Baldwin County Docket No. S92A0504".

Representative Parham of the 105th moved that the House agree to the Senate substi tute, as amended by the House, to HB 1684.
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 fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1927.

By Representative Byrd of the 153rd: A bill to amend Code Section 48-5-493 of the Official Code of Georgia Anno tated, relating to failure to attach and display mobile home decals and the penalties related thereto, so as to provide that violations of said requirements may be enforced in magistrate courts.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield

On the passage of the Bill, the ayes were 161, nays 0.

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Wilder Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

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JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.
Representative Irwin of the 57th 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 731. By Representatives Twiggs of the 4th, Atkins of the 21st, Parham of the 105th, Parrish of the 109th, Chafin of the 72nd and others:
A resolution creating the House State Health Benefit Plan Pharmacy Pro gram Study Committee.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Felton Fennel Y FloydJ.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Wilder Williams.B Williams.J Y Williams.R 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.

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.

HB 1346.

By Representative Dunn of the 73rd:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Anno tated, relating to unfair trade practices in the business of insurance, so as to provide definitions; to provide for acts which shall constitute unfair practices with regard to the settlement of claims.

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The following Committee substitute was read and adopted:

A BILL To amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the business of insurance, so as to provide a new article relat ing to unfair claims settlement practices; to revise references and provide for editorial changes; to provide a short title; to provide for legislative intent; to provide definitions; to provide for acts which shall constitute unfair claims settlement practices; to provide for hearings, cease and desist orders, judicial review, and penalties for violations of said arti cle; to authorize rules and regulations; to authorize the temporary suspension of a rule or regulation under certain conditions; to provide for statutory construction; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in insurance, is amended by striking Code Section 33-6-1, relating to the purpose of Chapter 6, in its entirety and inserting in its place a new Code Section 33-6-1 to read as follows: "33-6-1. The purpose of this chapter article is to regulate trade practices in the busi ness of insurance in accordance with the intent of Congress as expressed in the act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining or providing for the determination of all practices in this state which constitute unfair methods of com petition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined." Section 2. Said chapter is further amended by striking Code Section 33-6-2, relating to the definitions of person, in its entirety and inserting in its place a new Code Section 33-6-2 to read as follows: "33-6-2. As used in this chapter article, the term 'person' means an individual, corpo ration, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, frater nal benefit society, and any other legal entity engaged in the business of insurance, including but not limited to agents, brokers, counselors, and adjusters." Section 3. Said chapter is further amended by striking Code Section 33-6-3, relating to the prohibition of unfair methods of competition or unfair or deceptive acts or prac tices, in its entirety and inserting in its place a new Code Section 33-6-3 to read as follows: "33-6-3. No person shall engage in this state in any trade practice which is defined in this chapter article as or determined pursuant to this chapter article to be an unfair method of competition or an unfair or deceptive act or practice in the business of insur ance." Section 4. Said chapter is further amended by striking subsection (b) of Code Sec tion 33-6-6, relating to the power of the Commissioner to investigate certain acts or prac tices, in its entirety and inserting in its place a new subsection (b) to read as follows: "(b) In addition to any other authority granted to the Commissioner by this title and in addition to those reports required by Code Section 33-3-21, the Commissioner may require persons engaged in the business of insurance in this state to file reports by postal ZIP Code, where appropriate, or in any other format to enable the Commissioner to determine readily if such person has been or is engaged in any unfair method of com petition or in any unfair or deceptive act or practice prohibited by this chapter article." Section 5. Said chapter is further amended by striking subsections (c) and (e) of Code Section 33-6-7, relating to the conduct of hearings as to unfair or deceptive practices, and inserting in their respective places new subsections (c) and (e) to read as follows: "(c) Nothing contained in this chapter article shall require the observance at the hearing of formal rules of pleading or evidence."

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"(e) Statements of charges, notices, orders, and other processes of the Commissioner under this chapter article may be served by anyone duly authorized by the Commis sioner either in the manner provided by law for service of process in civil actions or by registering or certifying and mailing a copy of the statement, notice, order, or other pro cess to the person affected by it at the person's residence or principal office or place of business. The verified return by the person so serving the statement, notice, order, or other process, which return sets forth the manner of the service, shall be proof of the same; and the return post card receipt for the statement, notice, order, or other process, which receipt is registered or certified and mailed as provided in this Code section, shall be proof of the service of the same."
Section 6. Said chapter is further amended by striking paragraphs (1) and (2) of sub section (a) of Code Section 33-6-8, relating to the issuance of cease and desist orders, and inserting in their respective places new paragraphs (1) and (2) to read as follows:
"(1) Payment of a monetary penalty of not more than $1,000.00 for each and every act or violation, unless the person knew or reasonably should have known he was in vio lation of this chapter article, in which case the penalty shall be not more than $5,000.00 for each and every act or violation;
(2) Suspension or revocation of the person's license, if he knew or reasonably should have known he was in violation of this chapter article; or".
Section 7. Said chapter is further amended by striking Code Section 33-6-11, relating to appeals by intervenors, in its entirety and inserting in its place a new Code Section 33-6-11 to read as follows:
"33-6-11. If the report of the Commissioner does not charge a violation of this chaptef article, any intervenor in the proceedings may cause a review of such decision by appeal to the Superior Court of Fulton County as provided for in Chapter 2 of this title. Upon that review, the court shall have authority to issue appropriate orders and decrees in connection with such review, including, if the court finds that it is in the public inter est, orders enjoining and restraining the continuance of any method of competition, act, or practice which it finds constitutes a violation of this chapter article notwithstanding the report of the Commissioner."
Section 8. Said chapter is further amended by striking Code Section 33-6-14, relating to the construction of Chapter 6, and inserting in its place a new Code Section 33-6-14 to read as follows:
"33-6-14. (a) The powers vested in the Commissioner by this chapter article shall be in addition to any other powers to enforce any penalties, fines, or forfeitures autho rized by law with respect to the methods, acts, and practices declared to be unfair or deceptive by this chapter article.
(b) Nothing contained in this chapter article shall be construed as repealing or amending the power of the Commissioner to revoke the license of any insurer or agent of such insurer when he is commanded or authorized to do so by existing laws or on account of a violation of this chapter article."
Section 9. Said chapter is further amended by designating Code Sections 33-6-1 through 33-6-14 as Article 1 and adding a new Article 2 to read as follows:
"ARTICLE 2 33-6-30. This article shall be known and may be cited as the 'Unfair Claims Settle ment Practices Act.' 33-6-31. The purpose of this article is to set forth standards for the investigation and disposition of claims arising under policies or certificates of insurance issued to residents of Georgia. It is not intended to cover claims involving workers' compensation insurance. 33-6-32. As used in this article, the term:
(1) 'Insured' means the party named on a policy or certificate or as defined in the contract as the person with legal rights to the benefits provided by such policy or cer tificate.

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(2) 'Person' means an individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including but not limited to agents, bro kers, counselors, and adjusters.
(3) 'Policy' or 'certificate' means any contract of insurance; indemnity; medical, health, or hospital service; or annuity issued by an insurer. 'Policy' or 'certificate' shall not mean contracts for workers' compensation. 33-6-33. It is an improper claims settlement practice for any domestic, foreign, or alien insurer transacting business in Georgia to commit any act provided in Code Sec tion 33-6-34 if such act:
(1) Is committed flagrantly and in conscious disregard of this title or any rule or regulation promulgated pursuant to this title; or
(2) Has been committed with such frequency so as to indicate a general business practice to engage in such conduct. 33-6-34. Any of the following acts of an insurer when committed as provided in Code Section 33-6-33 shall constitute an unfair claims settlement practice:
(1) Knowingly misrepresenting to claimants and insureds relevant facts or policy provisions relating to coverages at issue;
(2) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies;
(3) Failing to adopt and implement procedures for the prompt investigation and settlement of claims arising under its policies;
(4) Not attempting in good faith to effectuate prompt, fair, and equitable settle ment of claims submitted in which liability has become reasonably clear;
(5) Compelling insureds or beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them;
(6) Refusing to pay claims without conducting a reasonable investigation; (7) When requested by the insured in writing, failing to affirm or deny coverage of claims within a reasonable time after having completed its investigation related to such claim or claims; (8) When requested by the insured in writing, making claims payments to an insured or beneficiary without indicating the coverage under which each payment is being made; (9) Unreasonably delaying the investigation or payment of claims by requiring both a formal proof of loss and subsequent verification that would result in duplica tion of information and verification appearing in the formal proof of loss form; pro vided, however, this paragraph shall not preclude an insurer from obtaining sworn statements if permitted under the policy; (10) When requested by the insured in writing, failing in the case of claims denial or offers of compromise settlement to provide promptly a reasonable and accurate explanation of the basis for such actions. In the case of claims denials, such denials shall be in writing; (11) Failing to provide forms necessary to file claims within 15 calendar days of a request with reasonable explanations regarding their use; (12) Failing to adopt and implement reasonable standards to assure that the repairs of a repairer owned by the insurer are performed in a workmanlike manner; (13) Indicating to a first party claimant on a payment, draft check, or accompany ing letter that said payment is final or a release of any claim unless the policy limit has been paid or there has been a compromise settlement agreed to by the first party claimant and the insurer as to coverage and amount payable under the contract; and (14) Issuing checks or drafts in partial settlement of a loss or claim under a spe cific coverage which contain language which releases the insurer or its insured from its total liability. 33-6-35. (a) Whenever the Commissioner has reason to believe that any person has engaged or is engaging in this state in any unfair claims settlement practice and has rea son to believe that a proceeding with respect to such unfair claims settlement practice

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would be in the public interest, the Commissioner shall serve upon such person a state ment of the charges in that respect and a notice of hearing in the same manner as pro vided in Code Section 33-6-7.
(b) The provisions of Code Sections 33-6-7 through 33-6-11, relating to hearings, cease and desist orders, penalties, judicial review, intervenors, and other matters in con nection with violations of Article 1 of this chapter shall be a applicable to violations of this article.
33-6-36. The Commissioner may, in accordance with the procedures set forth in Code Section 33-2-9, promulgate rules and regulations necessary to implement and enforce the provisions of this article. If the Commissioner should find that extraordinary circum stances exist and that it would be in the best interests of the citizens of this state, the Commissioner may suspend temporarily the applicability of any rule or regulation promulgated pursuant to this article.
33-6-37. Nothing contained in this article shall be construed to create or imply a pri vate cause of action for a violation of this article."
Section 10. All laws and parts 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas YMann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Wilder Williams.B Williams,J Y Williams.R 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 substi tute.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

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HB 654. By Representatives Davis of the 29th, Jamieson of the llth, Murphy of the 18th, Orrock of the 30th, Sinkfield of the 37th and others:
A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the commission on the status of women, so as to provide for creation of the commission on women.

The following Senate amendment was read:

Amend HB 654 by striking from line 5 of page 2 the word "six" and inserting in lieu thereof the word "four".
By striking from lines 23 through 25 of page 3 the following:
"shall receive a per diem not to exceed that provided for members of the General Assembly or".
By striking from lines 4 and 8 of page 4 the following: "1991",
and inserting in lieu thereof the following: "1992".

Representative Davis of the 29th moved that the House agree to the Senate amend ment to HB 654.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Harriett,M Y Bates Y Beatty Y Benefield Y" Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y' Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y' Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Long Y Lord Y Lucas Y Mann Martin Y McBee Y McCoy Y McKeivey McKinney,B Y McKinney.C Y Meadows Merritt Y Milam

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

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Ray Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Wilder Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

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The motion prevailed.

Representative Walker of the 113th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker: The Senate has disagreed to the House amendment to the following Bill of the Senate:

SB 567. By Senators Walker of the 43rd and Garner of the 30th: A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office.

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 fol lowing Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 552 Do Pass SB 568 Do Pass

SB 595 Do Pass SR 444 Do Pass

Respectfully submitted, /s/ Lord of the 107th
Chairman

Representative Kilgore of the 42nd District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the
House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1793 Do Pass HB 1837 Do Pass, by Substitute SB 571 Do Pass
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

THURSDAY, MARCH 5, 1992

2185

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 1535 Do Pass, by Substitute SB 159 Do Pass, by Substitute SB 599 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 rec ommendations:
HB 1860 Do Pass, by Substitute HB 1915 Do Pass, by Substitute HB 1942 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 rec ommendations:

HB 1097 Do Pass, by Substitute HB 1599 Do Pass, by Substitute HB 1814 Do Pass, by Substitute

HB 1932 Do Pass, by Substitute HB 1968 Do Pass, by Substitute

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

Representative Parham of the 105th 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 and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1529 Do Pass HB 1809 Do Pass

SR 490 Do Pass HB 1974 Do Pass, as Amended

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HB 1914 Do Pass, as Amended HB 1686 Do Pass HR 947 Do Pass, by Substitute

SB 579 Do Pass SB 487 Do Pass Respectfully submitted, /s/ Parham of the 105th Chairman

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

Mr. Speaker:

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

HB 1451 Do Pass, by Substitute HB 1708 Do Pass

HB 1741 Do Pass, by Substitute SB 319 Do Pass

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

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

Mr. Speaker: Your Committee on Rules has had under consideration the following Resoltuion of the
House and has instructed me to report the same back to the House with the following rec ommendation:
HR 938 Do Pass Respectfully submitted,
/s/ Lee of the 72nd Chairman

Representative Benefield of the 72nd District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker: Your Committee on Transportation has had under consideration the following Bill and
Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1689 Do Pass, by Substitute HR 978 Do Pass HR 1008 Do Pass
Respectfully submitted, /s/ Benefield of the 72nd
Chairman

Representative Walker of the 115th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.

THURSDAY, MARCH 5, 1992

2187

The Speaker Pro Tern announced the House adjourned until 9:00 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, March 6, 1992

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. W. Ches Smith, III, Pastor, First Baptist Church, Tifton, Georgia.
The members pledged allegiance to the flag.
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 2033. By Representatives Simpson of the 70th, Thomas of the 69th and Jones of the 71st: A bill to amend an Act revising and consolidating the laws pertaining to the governing authority of Carroll County, so as to change the minimum age for district commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 2035. 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 reapportion the commission districts.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, MARCH 6, 1992

2189

HB 2036. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act relating to the board of education and school superin tendent of the Carroll County School District, so as to reapportion the edu cation districts of said school district.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2038. By Representatives McBee of the 68th, Holland of the 136th, Stancil of the 66th, Skipper of the 116th, Buck of the 95th and others: A bill to amend Chapter 4A of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Athlete Agents Regulatory Act of 1988," so as to change the definition of the term "athlete"; to define the scope of practice as an athlete agent in Georgia.
Referred to the Committee on Industry.

HB 2039. By Representatives Powell of the 145th and Royal of the 144th: A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2040. By Representatives Powell of the 145th and Royal of the 144th: A bill to amend an Act relating to the Board of Education of Colquitt County, so as to reapportion the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 2041. By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th, Martin of the 26th, Townsend of the 24th and others: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization, so as to change the popula tion figures describing counties which may elect to select one additional county board of equalization for each 10,000 parcels in the county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2042. By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th, Martin of the 26th, Townsend of the 24th and others: A bill to amend Code Section 48-5-24 of the Official Code of Georgia Anno tated, relating to payment of ad valorem taxes to counties, so as to revise the population figures describing counties in which taxes are due on August 15, delinquent after October 15, interest accrues on delinquent taxes and pen alty, and tax collectors issue executions for delinquent taxes, penalties, and interest.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2043. By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th, Martin of the 26th, Townsend of the 24th and others: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to change the population figures describing the counties in which 4 percent commission is allowed for collection of intangible recording tax.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 2044. By Representatives Hammond of the 20th, Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st, Coker of the 21st and others: A bill to amend Code Section 22-2-84 of the Official Code of Georgia Anno tated, relating to entry of notice and award by the clerk in eminent domain cases and payments to assessors by the condemnor, so as to change the popu lation figures describing counties in which the judge of the superior court shall fix costs to be paid to assessors by the condemning county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2045. By Representatives Hammond of the 20th, Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st, Coker of the 21st and others: A bill to amend Article 1 of Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures, so as to change the population figure describing those counties in which certain municipalities shall be subject to said article.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 2008 HB 2009 HB 2010 HB 2011 HB 2012 HB 2013 HB 2014 HB 2015 HB 2016 HB 2017 HB 2018 HB 2019 HB 2020 HB 2021 HB 2022 HB 2023 HB 2024 HB 2025 HB 2026 HB 2027 HB 2028 HB 2029

HB 2030 HB 2031 HB 2032 HB 2034 HB 2037 HR 1010 HR 1017 SB 615 SB 738 SB 739 SB 740 SB 741 SB 742 SB 743 SB 748 SB 749 SB 750 SB 751 SB 753 SB 754 SB 758 SB 785

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

Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the
House and has instructed me to report the same back to the House with the following rec ommendation:
HR 932 Do Pass

FRIDAY, MARCH 6, 1992

2191

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

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

Mr. Speaker:

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

HB 1673 Do Pass, by Substitute HB 1729 Do Pass, by Substitute HB 1803 Do Pass HB 1832 Do Pass, by Substitute HB 1833 Do Pass, by Substitute

HB 1858 Do Pass HB 1970 Do Pass HB 1980 Do Pass HB 1990 Do Pass SB 577 Do Pass, by Substitute

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

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

HOUSE RULES CALENDAR FRIDAY, MARCH 6, 1992
Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 30th Legislative Day as enu
merated below: HB 457 Indian burial grounds, etc.; protection HB 1097 Financial institutions/ attorneys; trust accounts HB 1322 Wildlife; hunting weapons, seasons, bag limits; amend HB 1324 Fishing; amend provisions HB 1462 Driver's license; fraudulent or false application; suspension HB 1534 Death certificates; amend provisions HB 1540 Leased livestock sales; liability; delete certain provision HB 1668 Live fox; trapping and selling; provisions HB 1687 Child support receiver; collect court costs and service fees HB 1708 Certain counties; alcoholic beverage sales; population bracket HB 1721 Unclaimed restitution; county claim funds after seven years HB 1739 Income tax; nonrecognition of gain; personal residence HB 1741 Distilled spirits, etc.; first sales; state excise tax HB 1753 Teachers Retirement; spousal option; revoke upon death of spouse HB 1967 State agencies and authorities; cert obligations; cert approval HR 881 Walter F. George Tribute Commission; create HR 892 Funds for the aging; committee to oversee; recommend appointment HR 946 Edward C. Moses Highway; designate HR 976 Martin Dooley Parkway; designate HR 978 Harry Leon Simpson Parkway; designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted,
/s/ Lee of the 72nd Chairman

2192

JOURNAL OF THE HOUSE,

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

HB 1673.

By Representatives Lawrence of the 49th, Alford of the 57th, Redding of the 50th, Valenti of the 52nd, Oliver of the 53rd and others: A bill to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, so as to provide for new reapportioned districts.

The following Committee substitute was read and adopted:

A BILL To amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3797), so as to provide for new reapportioned districts; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 3797), is amended by striking Section 1 in its entirety and inserting in lieu thereof the following: "Section 1. There is created in DeKalb County a board of education of seven mem bers, and for the purpose of electing said members, there shall be seven school board districts as follows: School Board District: 1
DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0037 DUNWOODY VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0087 MONTREAL (Part) Tract: 0217.04 Block(s): 901, 902, 912, 913, 914, 915 Tract: 0218.10 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0093 NORTHWOODS VTD: 0095 OAKCLIFF

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VTD: 0099 PEACHTREE VTD: OOAD PLEASANTDALE VTD: OOAK REHOBOTH (Part)
Tract: 0217.04 Block(s): 207B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 903, 904, 905, 906, 907, 908, 909, 910, 911, 916, 917, 918
VTD: OOAW SHALLOWFORD VTD: OOAY SILVER LAKE VTD: OOBQ VANDERLYN VTD: OOBR VERMACK VTD: OOBU WARREN School Board District: 2 DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0014 CALLANWOLDE VTD: 0025 CLAIRMONT HILLS VTD: 0026 CLARKSTON (Part)
Tract: 0220.02 Block(s): 205, 206, 207, 208A, 209, 211, 212, 214A, 214B, 214C, 221A, 223, 224, 230, 231, 233, 234, 240, 401A, 403A, 413, 414, 419
VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0034 DRESDEN VTD: 0041 EMORY VTD: 0045 FERNBANK VTD: 0054 HERITAGE VTD: 0060 INGLESIDE (Part)
Tract: 0220.02 Block(s): 208B, 208C, 210, 213, 214E, 221B, 401B, 403B, 416, 417, 418, 426
VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL (Part)
Tract: 0220.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 109C, 111, 112, 113, 114, 115, 116, 117, 118, 415A, 421, 422, 423
VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0094 OAK GROVE VTD: OOAK REHOBOTH (Part)
Tract: 0220.01 Block(s): 110, 401, 402, 405, 408, 409, 410, 411, 412, 413, 414, 415B, 416, 417, 425
VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAV SCOTTDALE (Part)
Tract: 0220.01

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Block(s): 403, 404, 406, 407, 418, 419, 420, 424, 426, 427, 428, 430, 431, 432
VTD: OOBA SKYLAND VTD: OOBW WESLEY WOODS School Board District: 3 DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0006 AVONDALE ESTATES VTD: 0016 CANDLER VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0031 CROSSROADS VTD: 0039 EASTLAND VTD: 0046 FLAT SHOALS VTD: 0047 FORREST HILLS VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0098 PEACHCREST VTD: OOAQ ROWLAND ROAD VTD: OOBC SNAPFINGER VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH School Board District: 4 DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0013 BROCKETT VTD: 0026 CLARKSTON (Part)
Tract: 0220.02 Block(s): 201A, 202, 203, 204, 216, 217, 218, 219, 220, 222, 225, 226, 227, 228, 229, 232A, 235, 236, 301, 302, 304A, 305A, 306A, 307A, 405A, 410A, 411A, 415
VTD: 0036 DUNAIRE VTD: 0051 HAMBRICK VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0059 INDIAN CREEK (Part)
Tract: 0220.02 Block(s): 214D, 215, 232B, 306B, 307B, 308
Tract: 0220.05 Block(s): 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 320
Tract: 0221. Block(s): 101, 102
VTD: 0060 INGLESIDE (Part) Tract: 0220.02 Block(s): 201B, 402, 404, 412A
VTD: 0062 JOLLY

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VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: OOAC PINE LAKE VTD: 00AM ROCK CHAPEL VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAV SCOTTDALE (Part)
Tract: 0220.01 Block(s): 429
Tract: 0220.05 Block(s): 318, 319
Tract: 0221. Block(s): 103, 104, 106, 107, 108, 201, 203, 204, 205, 206, 207, 208, 210, 211, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 413
VTD: OOAX SILVER HILL VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER School Board District: 5 DEKALB COUNTY VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0044 FAIRINGTON VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH VTD: GOAL ROCKBRIDGE VTD: OOAT SALEM VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBV WESLEY CHAPEL School Board District: 6 DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0005 AUSTIN VTD: 0008 BRIAR VISTA

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VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0031 CROSSROADS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0037 DUNWOODY VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0057 HUNTLEY HILLS VTD: 0058 IDLEWOOD VTD: 0064 KINGSLEY VTD: 0067 LAKESIDE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0074 MARGARET HARRIS VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: 0099 PEACHTREE VTD: OOAC PINE LAKE VTD: OOAD PLEASANTDALE VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH (Part)
Tract: 0233.06 Block(s): 402
VTD: OOAK REHOBOTH VTD: GOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAR SAGAMORE VTD: OOAW SHALLOWFORD VTD: OOAX SILVER HILL VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND

FRIDAY, MARCH 6, 1992

2197

VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBQ VANDERLYN VTD: OOBR VERMACK VTD: OOBU WARREN School Board District: 7 DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0006 AVONDALE ESTATES VTD: 0007 BOB MATHIS VTD: 0014 CALLANWOLDE VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0026 CLARKSTON VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0036 DUNAIRE VTD: 0039 EASTLAND VTD: 0041 EMORY VTD: 0044 FAIRINGTON VTD: 0045 FERNBANK VTD: 0046 FLAT SHOALS VTD: 0047 FORREST HILLS VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0068 LAUREL RIDGE VTD: 0070 LITHONIA VTD: 0076 MCLENDON VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0091 NORTH DECATUR VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAJ REDAN SOUTH (Part)
Tract: 0233.06 Block(s): 403, 404, 405, 406, 507, 508, 509A
Tract: 0233.07

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Block(s): 101, 102, 103, 201, 202, 203, 204, 205, 206, 207, 212, 213, 214, 215, 501, 502, 503, 504, 505, 506
Tract: 0233.08 Block(s): 501, 502, 503, 504, 505, 515
VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAT SALEM VTD: OOAU SCOTT VTD: OOAV SCOTTDALE VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL VTD: OOBW WESLEY WOODS For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any school board district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control; (4) Any part of DeKalb County which is not included in any school board district described in this section shall be included within that school board district contiguous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and (5) Any part of DeKalb County which is described in this section as being included in a particular school board district shall nevertheless not be included within such school board district if such part is not contiguous to such school board district. Such noncontiguous part shall instead be included within that school board district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia." Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of DeKalb County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 0.

FRIDAY, MARCH 6, 1992

2199

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

HB 1729.

By Representatives Campbell of the 23rd, McKinney of the 40th and Abernathy of the 39th: A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city, so as to divide the City of Alpharetta into six election districts.

The following Committee substitute was read and adopted:

A BILL To amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, so as to divide the City of Alpharetta into six election districts; to provide for definitions and insertions; to provide for the manner of election of the mayor and councilmembers; to pro vide for election dates and terms of office; to provide for reapportionment of election dis tricts; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, is amended by striking Section 5.11 in its entirety and inserting in lieu thereof a new Section 5.11 to read as follows: "Section 5.11. Election of the mayor and city council. The mayor and each councilmember shall be elected for staggered terms of four years, except that the initial terms of councilmembers for Districts 1, 2, and 3 shall be five years. Effective for all municipal elections occurring in 1992 and in subsequent years, the city shall consist of six election districts as provided in Section 5.13 of this charter. The initial election of councilmembers for Districts 1, 2, and 3 shall be held on the third Tuesday in October, 1992. The initial election for the mayor and councilmembers for Districts 4, 5, and 6 shall be held on the Tuesday next following the first Monday in November, 1995. There after, a municipal general election shall be held every two years on the Tuesday next following the first Monday in November." Section 2. Said Act is further amended by striking Section 5.13 in its entirety and inserting in lieu thereof a new Section 5.13 to read as follows: "Section 5.13. Councilmembers elected by districts, (a) Effective for all municipal elections occurring in 1992 and in subsequent years, the territory of the city shall consist of six election districts to be designated respectively as Districts 1 through 6. (b) The election districts shall be as follows: Election District: 1.
FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0116.02 Block(s): 503, 504, 505, 506A VTD: 00X3 AP02 (Part) Tract: 0116.01

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Block(s): 105A, 115, 117, 118, 119, 120, 121, 403A, 405A, 405B, 407, 408A, 409, 410, 505A, 506
Election District: 2 FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0116.02 Block(s): 603A VTD: 00X3 AP02 (Part) Tract: 0115. Block(s): 409A, 410, 411A, 411B, 411C, 412A Tract: 0116.01 Block(s): 101A, 101B, 102A, 103A, 104A, 106, 107, 108A, HOC, HOD, 111, 113, 114, 116, 122, 123, 124, 403B, 403C, 403D, 404A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A, 611A, 612A, 623, 624, 625, 626
Election District: 3 FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0116.01 Block(s): 202A, 302A, 303A, 305A, 305B, 503A, 504A Tract: 0116.02 Block(s): 301, 302, 402 VTD: 00X3 AP02 (Part) Tract: 0116.01 Block(s): 304A
Election District: 4 FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0116.01 Block(s): 704 VTD: 00X3 AP02 (Part) Tract: 0114.04 Block(s): 501A, 601, 602A, 602B, 604, 702A Tract: 0116.01 Block(s): 109A, 110A, HOB, 112A, 613A, 614A, 615A, 616A, 618A, 620A, 621A, 622
District: 5 FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0116.02 Block(s): 304A, 401A, 401B, 901A, 902A, 903A, 904, 905, 906, 907A, 910A, 911A, 912A, 913A, 914A, 914B, 916A, 918A
Election District: 6 FULTON COUNTY VTD: OOK5 AP01 (Part) Tract: 0114.08 Block(s): 201A, 202, 203A, 501A, 501B, 501C, 601A, 602A Tract: 0116.01 Block(s): 701, 702, 703 Tract: 0116.02

FRIDAY, MARCH 6, 1992

2201

Block(s): 303, 401C, 401E, 403, 404, 501, 502A, 507, 601A, 601B, 602, 704A, 705A, 705B, 706, 707A, 708A, 709A
For purposes of this subsection: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any election district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of the City of Alpharetta which is not included in any election dis trict described in this subsection shall be included within that election district contig uous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of the City of Alpharetta which is described in this subsection as being included in a particular election district shall nevertheless not be included within such election district if such part is not contiguous to such election district. Such noncontiguous part shall instead be included within that election district contig uous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Only the electorate of each of the six election districts shall be entitled to vote in the election for the councilmember to be elected from that district. In addition to the qualifications set forth in Section 2.11 of the charter, no person shall be eligible to serve as a councilmember unless he or she shall have been a resident of the election district in which he or she seeks election for a period of six months immediately prior to the election. The electorate of all six of the election districts shall be entitled to vote in the election for the mayor. (d) The mayor and councilmembers in office prior to the 1992 municipal general election shall remain in office until their terms expire and their successors are elected and qualified. (e) The election district boundaries of the city shall be reapportioned following the publication of each official federal decennial census of the population of the city. Such reapportionment shall be accomplished by the adoption of an amendment to this charter. The reapportionment of election districts shall comply with the following speci fications:
(1) Each election district shall be formed of contiguous territory and its boundary lines shall be the centerlines of streets or other well-defined boundaries as utilized by the United States Bureau of the Census; and
(2) Such election districts shall be as nearly equal in population as practicable. (f) Any reapportionment of election districts shall apply to the officials of the city elected at the next municipal general election following such reapportionment; provided, however, that any reapportionment ordinance shall not apply to any regular election or special election held within three months of the effective date of the charter amend ment." Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of the City of Alpharetta to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.

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Section 4. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general election laws of this state, the election superintendent of the City of Alpharetta shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Alpharetta for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date thereof in the official organ of the City of Alpharetta. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which creates six election districts for the City of Alpharetta and provides that the electorate of each district shall elect
( ) NO one councilmember to the city council?" All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 shall become of full force and effect immediately for the purpose of conducting elections in 1992, and shall become effective for all purposes on January 1, 1993; otherwise this Act 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 Alpharetta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1803.

By Representative Carrell of the 65th: A bill to amend an Act creating a Board of Commissioners of Walton County, so as to provide new commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1832.

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 composition of the commissioner districts from which members of the Board of Commissioners of Morgan County are elected.

The following Committee substitute was read and adopted:

A BILL To amend an Act creating the Board of Commissioners of Morgan County, approved March 22, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April

FRIDAY, MARCH 6, 1992

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12, 1982 (Ga. L. 1982, p. 4184), so as to change the composition of the commissioner dis tricts from which members of the Board of Commissioners of Morgan County are elected; to provide for the election of members; to provide for definitions and inclusions; to provide for terms of office; to require submission of this Act to the United States Attorney General for certain approval; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Morgan County, approved March 22, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4184), is amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. (a) The Board of Commissioners of Morgan County shall consist of five members. For the purpose of electing the members of the board, Morgan County shall be divided into five commissioner districts consisting of the following territory in Mor gan County: Commissioner District No. I
MORGAN COUNTY VTD: 0001 MADISON CITY (Part) Tract: 9803. Block(s): 120A, 122A, 123, 124A, 125, 126, 127, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 164A, 165, 166, 209A, 209B, 212A, 212B, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 304A, 304B, 305, 307, 311, 318, 319, 320A, 320B, 321A, 321B, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343A, 343B, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 367, 368, 369, 370, 371, 422A, 423, 424, 427A VTD: 0002 BUCKHEAD (Part) Tract: 9803. Block(s): 119, 120B, 122B, 124B, 132B, 133B, 151, 152, 153, 154, 155, 160, 162, 163B, 164B
Commissioner District No. 2 MORGAN COUNTY VTD: 0006 DURDEN (Part) Tract: 9802. Block(s): 266, 267, 268, 269, 270, 274, 275, 276, 277, 278, 279, 280, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295 Tract: 9805. Block(s): 114, 115, 116, 117, 118, 119, 120, 123, 124, 195, 196, 197 VTD: 0007 WHITFIELD
Commissioner District No. 3 MORGAN COUNTY VTD: 0008 HARRIS VTD: 0009 FAIRPLAY VTD: 0010 WELLINGTON VTD: 0011 ASKEW
Commissioner District No. 4 MORGAN COUNTY

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VTD: 0001 MADISON CITY (Part) Tract: 9803. Block(s): 128, 129, 130, 131, 132A, 133A, 134, 135, 147, 148, 149, 150, 163A, 365, 366, 388, 389, 390, 391, 392, 393, 394, 395, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420A, 420B, 420C, 421, 422B, 422C, 425, 426, 427B, 428A, 428B, 429, 430, 431A, 431B, 432, 433A, 433B, 434, 435, 436A, 436B, 437A, 437B, 438, 439, 440, 441, 442, 443, 444, 445, 446A, 446B, 447, 448, 449A, 449B, 450A, 450B, 451, 452, 453, 454A, 454B, 455A, 455B, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468
VTD: 0004 HARWELL VTD: 0005 SEATS VTD: 0006 DURDEN (Part)
Tract: 9805. Block(s): 121, 122, 128, 133
Commissioner District No. 5
MORGAN COUNTY VTD: 0002 BUCKHEAD (Part) Tract: 9803. Block(s): 159, 161 Tract: 9804. Block(s): 101, 102, 103, 104, 105A, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119A, 119B, 120A, 120B, 121, 122, 123, 124A, 124B, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 161, 162, 163, 164, 165, 183, 189, 190, 191, 192, 193, 194, 195, 196, 197 VTD: 0003 SHEPHERD VTD: 0012 MARTIN
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Morgan County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Morgan County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."

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Section 2. Said Act is further amended by striking Section 4 of said Act in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. The members of the Board of Commissioners of Morgan County in office on July 1, 1992, shall serve out the terms for which they were elected and shall be deemed to represent the district described in Section 2 which has the same number as such member's district had under previous law. Successors to each such member shall be elected from the district described in Section 2 in the manner provided in Section 3. Elections shall be conducted under the general election laws of Georgia, and members shall be commissioned by the Governor as other county officers are commissioned."
Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Morgan County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1833.

By Representative Stancil of the 66th: A bill to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition of and reapportion the education districts from which members of the board of edu cation are elected.

The following Committee substitute was read and adopted:

A BILL To amend an Act providing for the election of members of the Board of Education of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), so as to change the composition of and reapportion the education districts from which members of the board of education are elected; to provide for the election of members; to provide for definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for the automatic repeal of this Act if its implementation is not permissible under the federal Voting Rights Act of 1965, as amended, as of a certain 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 members of the Board of Education of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), is amended by strik ing Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. (a) The Board of Education of Morgan County shall consist of five members to be elected in accordance with the provisions of this Act. For the purpose of electing such members, the Morgan County School District shall be divided into five education districts as follows: Education District No. 1
MORGAN COUNTY

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JOURNAL OF THE HOUSE,

VTD: 0001 MADISON CITY (Part) Tract: 9803. Block(s): 120A, 122A, 123, 124A, 125, 126, 127, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 164A, 165, 166, 209A, 209B, 212A, 212B, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 304A, 304B, 305, 307, 311, 318, 319, 320A, 320B, 321A, 321B, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343A, 343B, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 367, 368, 369, 370, 371, 407, 408, 422B, 422C, 423, 424, 425, 426, 427B
VTD: 0002 BUCKHEAD (Part) Tract: 9803. Block(s): 119, 120B, 122B, 124B, 132B, 133B, 151, 152, 153, 154, 155, 160, 162, 163B, 164B
Education District No. 2 MORGAN COUNTY VTD: 0006 DURDEN (Part) Tract: 9802. Block(s): 266, 267, 268, 269, 270, 274, 275, 276, 277, 278, 279, 280, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295 Tract: 9805. Block(s): 114, 115, 116, 117, 118, 119, 120, 123, 124, 195, 196, 197 VTD: 0007 WHITFIELD
Education District No. 3 MORGAN COUNTY VTD: 0008 HARRIS VTD: 0009 FAIRPLAY VTD: 0010 WELLINGTON VTD: 0011 ASKEW
Education District No. 4 MORGAN COUNTY VTD: 0001 MADISON CITY (Part) Tract: 9803. Block(s): 128, 129, 130, 131, 132A, 133A, 134, 135, 147, 148, 149, 150, 163A, 365, 366, 388, 389, 390, 391, 392, 393, 394, 395, 401, 402, 403, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420A, 420B, 420C, 421, 422A, 427A, 428A, 428B, 429, 430, 431A, 431B, 432, 433A, 433B, 434, 435, 436A, 436B, 437A, 437B, 438, 439, 440, 441, 442, 443, 444, 445, 446A, 446B, 447, 448, 449A, 449B, 450A, 450B, 451, 452, 453, 454A, 454B, 455A, 455B, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468 VTD: 0004 HARWELL VTD: 0005 SEATS VTD: 0006 DURDEN (Part) Tract: 9805. Block(s): 121, 122, 128, 133
Education District No. 5 MORGAN COUNTY

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VTD: 0002 BUCKHEAD (Part) Tract: 9803. Block(s): 159, 161 Tract: 9804. Block(s): 101, 102, 103, 104, 105A, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117A, 117B, 118, 119A, 119B, 120A, 120B, 121, 122, 123, 124A, 124B, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 161, 162, 163, 164, 165, 183, 189, 190, 191, 192, 193, 194, 195, 196, 197
VTD: 0003 SHEPHERD VTD: 0012 MARTIN (b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of the Morgan County School District which is not included in any education district described in this section shall be included within that education dis trict contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of the Morgan County School District which is described in this sec tion as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such educa tion district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia." Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Morgan County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1858.

By Representative Skipper of the 116th: A bill to repeal an Act providing for the compensation of the chairman and members of the board of commissioners of each county of this state having a population of not less than 26,290 and not more than 27,280.

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

HB 1970.

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 provide new election districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1980.

By Representatives Fennel of the 155th and Smith of the 156th: A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned," so

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 0. The Bill, having received the requisite constitutional majority, was passed,

HB 1990.

By Representative Parrish of the 109th: A bill to amend an Act creating a Board of Commissioners of Candler County, so as to provide that the chairman of the Board of Commissioners shall be the chief executive and administrative officer of Candler 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 96, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 577. By Senators Clay of the 37th and Thompson of the 33rd: A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the elec tion of commissioners; to provide for commissioner districts; to provide for the qualifications of the commissioners; to change the compensation of the chairman of the board of commissioners; to provide when this Act shall be void and repealed.

The following Committee substitute was read and adopted:

FRIDAY, MARCH 6, 1992

2209

A BILL To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the provisions relat ing to districts for the election of commissioners; to provide for commissioner districts; to provide for definitions and insertions; to provide for the qualifications of the commission ers; to provide that the chairman shall appoint the county manager and the heads of the departments of the county government with the consent of a majority of the county com missioners; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by striking subsec tion (a) of Section 2(A) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The commission shall consist of five members of which four members shall be known as commissioners and one member shall be known as chairman. The chairman shall be elected by the voters of the entire county. The other four positions of the com mission shall be designated as Commissioner District 1, Commissioner District 2, Com missioner District 3, and Commissioner District 4. Only those persons who possess the qualifications set forth hereinafter and who reside within that district, as hereinafter described, shall be eligible to offer for election to Commissioner Districts 1, 2, 3, and 4. Persons offering for Commissioner Districts 1, 2, 3, and 4 shall be elected only by the qualified voters residing within the respective commissioner districts for which such per sons offer as candidates." Section 2. Said Act is further amended by striking subsection (b) of Section 2A in its entirety and inserting in lieu thereof the following: "(b) The commissioner districts shall be as follows: Commissioner District: .1
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0305.03 Block(s): 208B VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 306, 307B, 308B, 501, 502, 503, 504, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710B, 710C, 711B, 711C, 713, 714, 715, 716, 717B, 718B, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 112B, 201B, 202C VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319

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JOURNAL OF THE HOUSE,

Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B
VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A
VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 205B
VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 VTD: 0061 MARIETTA 5 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 919A
Tract: 0304.05 Block(s): 205A
Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A
Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416; 417, 418, 419A, 502A, 601, 602, 603, 604
Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0090 RED ROCK VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0305.03 Block(s): 205C, 419B, 419C
VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B VTD: OOC1 OREGON 5 Commissioner District: 2 COBB COUNTY

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2211

VTD: 0011 CHATTAHOOCHEE 1 VXD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 VTD: 0018 DOBBINS 2 (Part)
Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D
Tract: 0304.04 Block(s): 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B
Tract: 0304.06 Block(s): 401D, 401F, 501D
Tract: 0310.01 Block(s): 910C, 910E, 925C
Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 303B, 313B, 314B, 401D, 401E, 403, 404A, 405A, 406, 407, 408, 409B, 411D
VTD: 0021 EASTSIDE VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0308. Block(s): 206B
VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905
VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 901A
Tract: 0304.02 Block(s): 601A, 604A, 615A
Tract: 0304.04 Block(s): 301A, 302
Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803
VTD: 0063 MARIETTA 7 VTD: 0067 MT. BETHEL 1 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 107B, 116E, 130B, 136B, 137B, 139B
VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.07 Block(s): 201B, 202B, 203A, 203F, 203G, 203H, 203J, 206B, 217, 226B, 227, 306C, 309B, 323B
VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 (Part)
Tract: 0311.07 Block(s): 204B, 204C, 205C, 205D, 205E, 205F, 207B, 303, 304, 305, 306E, 307B, 317C, 318B, 318C, 321B, 322, 324, 326

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Tract: 0312.02 Block(s): 401, 402, 437B, 438F, 439B, 601C, 602, 603B, 604, 605C, 606, 607B, 608C, 608D, 609B, 612B, 612C, 613B, 613D, 613E, 613F, 650
VTD: 0079 PARKAIRE VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B
Tract: 0304.02 Block(s): 122, 127
VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 (Part)
Tract: 0310.01 Block(s): 210, 216C, 216D, 228B
Tract: 0310.02 Block(s): 120A
Tract: 0310.03 Block(s): 110A, 112A
Tract: 0311.01 Block(s): 101A, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121A, 122A, 302, 303, 311, 312, 313, 314, 315
Tract: 0311.05 Block(s): 101, 102
Tract: 0311.08 Block(s): 303A, 304, 308, 310A, 319
VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3 Commissioner District: 3 COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0010 BISHOP LAKE VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0023 ELIZABETH 2 (Part)
Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 309, 310, 311, 409, 601B
VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410

FRIDAY, MARCH 6, 1992

2213

Tract: 0305.03 Block(s): 301
VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306, 401, 402B, 404, 405, 406B
VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part)
Tract: 0304.01 Block(s): 907B, 908, 920B, 920C
VTD: 0038 GARRISON MILL VTD: 0039 GRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4 VTD: 0043 GRITTERS 5 VTD: 0044 GRITTERS 6 VTD: 0045 GRITTERS 7 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 906A, 907A, 920A, 920D
Tract: 0305.03 Block(s): 302A, 402A, 403, 406A, 501A, 502B, 503A
VTD: 0068 MT. BETHEL 2 VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 203, 204, 205, 206, 207, 208, 920E
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
VTD: OOB3 GRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10 VTD: OOB7 GRITTERS 9
Commissioner District: 4
COBB COUNTY VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0018 DOBBINS 2 (Part) Tract: 0304.04 Block(s): 101E Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401E Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P,

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913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B Tract: 0311.08 Block(s): 301, 302, 305, 306, 307, 309, 310B, 311, 312, 313C, 316, 317, 318, 320B, 321B, 322, 404B, 405C VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 VTD: 0056 MACLAND VTD: 0057 MARIETTA 1 VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 105B, 112, 116D, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130C, 132, 135C, 136C, 601, 602, 603, 604, 615, 620, 621, 623, 624, 625 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422 VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.05 Block(s): 113, 114, 131, 134, 139C, 605, 606, 607, 608, 609B, 610, 611, 612, 613, 614, 616, 617, 618, 619, 622, 627 Tract: 0311.06 Block(s): 412 Tract: 0311.07 Block(s): 315B, 401B, 402, 403, 409A, 409C, 409D, 410, 416B, 417, 418B, 421B VTD: 0074 OAKDALE 2 (Part) Tract: 0311.07 Block(s): 306D Tract: 0312.02 Block(s): 320, 321, 322, 323, 324B, 326, 328, 331B, 613C VTD: 0076 OREGON 2 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA1 SMYRNA 6 (Part) Tract: 0310.03 Block(s): 113A VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOC2 BIRNEY 2 For purposes of this subsection: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;

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(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of T.t . 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Cobb County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contig uous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Cobb County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia." Section 3. Said Act is further amended by striking subsection (c) of Section 2A in its entirety and inserting in lieu thereof the following: "(c) Each person offering for Commissioner Districts 1, 2, 3, and 4 shall be a resident of the district created by this section which he or she offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such elec tion." Section 4. Said Act is further amended by striking paragraph (C) of Section 2 in its entirety and inserting in lieu thereof the following: "(C) Qualifications of Commission Members. Members of the commission, other than the chairman, shall be citizens of this state who have attained the age of 25 years and who have been residents of their respective district for not less than one year preceding their qualifying date and shall hold no other elective public office." Section 5. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: "Section 3. Election and Term of Commissioners and Chairman, (a) The persons serving from Commissioner Posts 2 and 4 under the law in effect immediately prior to the effective date of this section shall serve the remainder of their respective terms which shall expire December 31, 1992, and until their respective successors are duly elected and qualified. Their respective successors who are first elected from the new Commissioner Districts 2 and 4, as constituted under subsection (a) of Section 2(A) of this Act, shall be elected at the general election of 1992 and take office the first day of January, 1993, to serve for terms of four years each and until their respective succes sors are duly elected and qualified. (b) The persons serving from Commissioner Posts 1 and 3 under the law in effect immediately prior to the effective date of this section shall serve the remainder of their respective terms which shall expire December 31, 1994, and until their respective succes sors are duly elected and qualified. Their respective successors who are first elected from the new Commissioner Districts 1 and 3, as constituted under subsection (a) of Section 2(A) of this Act, shall be elected at the general election of 1994 and take office the first day of January, 1995, to serve for terms of two years each and until their respective suc cessors are duly elected and qualified. Thereafter, the respective successors shall serve for terms of four years each and until their respective successors are duly elected and qualified. (c) The person serving as chairman on January 1, 1992, shall serve for the remainder of his term as chairman, which term shall expire December 1, 1992, and until that person's successor is duly elected and qualified pursuant to subsection (d) of this sec tion.

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(d) After the initial terms of commissioners specified in subsections (a) and (b) of this section and after the expiration of the term of the chairman under subsection (c) of this section, successors to commission members and the chairman whose terms are to expire shall be elected at the general election immediately preceding the expiration of those terms and take office the first day of January following their election, to serve for terms of four years each and until their respective successors are duly elected and quali fied.
(e) Neither the chairman nor any commissioner shall be qualified to offer for election to any commissioner district other than the one in which he is serving without first resigning from the commissioner district in which he or she at that time is serving."
Section 6. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. The chairman shall be the chairman of the board of commissioners of the county, shall preside over meetings of the commission, shall appoint the vice-chairman of the commission on an annual basis, shall appoint the committee chairmen, and shall appoint the heads of the departments of the county government from a list provided by the county manager and with the consent of a majority of the commissioners."
Section 7. Said Act is further amended by striking subsections (a) and (b) of Section 10B in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) There is created the office of county manager of Cobb County who shall be appointed by the chairman with the consent of the commissioners. The qualifications, term of office, compensation, procedure for removal or suspension, method of filling vacancies, and other related matters pertaining to the office of county manager shall be provided for by resolution of the board of commissioners of Cobb County.
(b) In his or her discretion, the chairman of the board of commissioners of Cobb County may select a person for the office of county manager solely upon the person's executive and administrative qualifications with specific reference to actual experience in or knowledge of accepted practices in respect to the duties of the office. In his or her discretion, the chairman of the board of commissioners may require any person appointed to the office of county manager to hold a bachelor's degree in business admin istration, accounting, finance, or related fields and possess at least five years' experience as a county or city manager or as an assistant county or city manager; or the chairman of the board of commissioners may require any person appointed to the office of county manager to hold a master's degree in any of the aforementioned fields and possess at least three years' experience as a county or city manager or as an assistant county or city manager."
Section 8. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Cobb County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

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Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1144.

By Representatives Randall of the 101st and Redding of the 50th: 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 clarify the defi nition of pledged goods as it relates to a motor vehicle and motor vehicle cer tificates of title.

HB 1162. By Representative Adams of the 79th: A bill to amend Code Section 49-2-2 of the Official Code of Georgia Anno tated, relating to the creation of the Board of Human Resources, so as to provide that at least one member of such board shall be a physically handi capped person.

HB 1196.

By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others: A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that no county, municipal corporation, consoli dated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribution, storage, transportation, disposal, formulation or labeling.

HB 1412.

By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Patten of the 149th: 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 provide that the Department of Education shall develop materials and resource guides for an environmental education and recycling awareness program for public schools.

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

SB 256. By Senators Langford of the 35th and Walker of the 43rd: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions with regard to labor and industrial rela tions, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities off the premises of the employer during nonworking hours; to provide for liability of the employer.

SB 770. By Senator Kidd of the 25th: A bill to amend Code Section 45-18-52 of the Official Code of Georgia Anno tated, relating to the establishment of flexible employee benefit plans for state employees and certain others, so as to provide that the flexible employee benefit plan may provide for deductions or salary reductions for group property and casualty insurance.

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SB 784. By Senators Foster of the 50th, Deal of the 49th, Hasty of the 51st and oth ers: 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 change the dates of the initial enrollment count for purposes of determination of enroll ment by institution; to change the method of calculating the amount of cer tain funding.

HB 309. By Representatives Murphy of the 18th and Cummings of the 17th: A bill to amend Code Section 47-2-110 of the Official Code of Georgia Anno tated, relating to retirement ages, eligibility for retirement, and the suspen sion of retirement benefits under the Employees' Retirement System of Georgia upon reemployment, so as to provide that such benefits shall not be suspended if a member performs no more than 1,040 hours of service for cer tain employers.

HB 1241.

By Representatives Birdsong of the 104th, Lane of the lllth, Carter of the 146th, Holland of the 136th, Hudson of the 117th and others: A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally, so as to provide for the transfer of ownership and to provide for payment for agricultural products under certain conditions.

HB 1387.

By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Depart ment of Natural Resources, so as to authorize the establishment and opera tion of programs of volunteer services to the department to facilitate, amplify, or supplement the objectives and functions of the department on publicly owned or operated and not privately owned or operated lands and property.

HB 1400.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for cash management policies and procedures and for forms, reports, and plans; to provide for a cash management officer; to provide for fees for the state's banking services.

HB 1440.

By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th: A bill to amend Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to the control of vehicle emissions, so as to broaden the application of certain requirements for emission inspection; to provide a short title.

HB 1459.

By Representatives Streat of the 139th, Murphy of the 18th, Coleman of the 118th, Smith of the 152nd, Royal of the 144th and others: A bill to amend Code Section 32-6-23 of the Official Code of Georgia Anno tated, relating to permits for excess weight and dimensions, so as to provide for single-trip permits for mobile homes, modular homes, and sectional houses in excess of 14 feet wide up to and including 16 feet wide.

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HB 1545. By Representatives Baker of the 51st, Irwin of the 57th, Sherrill of the 47th and Dunn of the 73rd: A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to provide new standards for the designation of official organs.

HB 1767. By Representatives Yeargin of the 14th, Connell of the 87th, Ricketson of the 82nd, Padgett of the 86th, Brush of the 83rd and others: A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdiction of the authority; to revise the scope and defini tion of a project of the authority.

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

HR 778. By Representative Colwell of the 4th: A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Athens, Clarke County, Georgia; Macon, Bibb County, Georgia; Moultrie, Colquitt County, Georgia; Thomasville, Thomas County, Georgia; and Tifton, Tift County, Georgia.

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

SB 687. By Senators Taylor of the 12th, Edge of the 28th, Walker of the 22nd and others: 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 provided under workers' compensation, so as to revise provisions relative to the annual list of charges for medical services published by the board; to provide for an annual list of charges for rehabilitation services.

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

SB 256. By Senators Langford of the 35th and Walker of the 43rd: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions with regard to labor and industrial rela tions, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities off the premises of the employer during nonworking hours; to provide for liability of the employer.
Referred to the Committee on Agriculture & Consumer Affairs.

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SB 687. By Senators Taylor of the 12th, Edge of the 28th, Walker of the 22nd and others: 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 provided under workers' compensation, so as to revise provisions relative to the annual list of charges for medical services published by the board; to provide for an annual list of charges for rehabilitation services.
Referred to the Committee on Industrial Relations.

SB 770. By Senator Kidd of the 25th: A bill to amend Code Section 45-18-52 of the Official Code of Georgia Anno tated, relating to the establishment of flexible employee benefit plans for state employees and certain others, so as to provide that the flexible employee benefit plan may provide for deductions or salary reductions for group property and casualty insurance.
Referred to the Committee on State Planning & Community Affairs.

SB 784. By Senators Foster of the 50th, Deal of the 49th, Hasty of the 51st and oth ers: 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 change the dates of the initial enrollment count for purposes of determination of enroll ment by institution; to change the method of calculating the amount of cer tain funding.
Referred to the Committee on Education.

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

HB 457. By Representatives Dover of the llth, Balkcom of the 140th, Lee of the 72nd, Twiggs of the 4th and Bargeron of the 108th: A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to parks and historic areas, so as to provide that the state does not claim title to human remains and burial objects discovered on state properties or defined as submerged cultural resources; to authorize the Department of Natural Resources to establish and maintain a cemetery for the purpose of reinterring certain human remains and burial objects.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historical areas, memorials, and recreation, so as to provide for permits and agreements for the archeological field research of prehistoric sites, burial grounds, and other areas; to prohibit certain disturbances of or damage to certain ancient objects or sites; to provide for a penalty; to prohibit the traffic in certain ancient objects; to provide a penalty; to amend Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to dead bodies, so as to provide procedures to be followed in the event of the dis covery of human remains; to prohibit the exhibition of dead bodies or human remains; to

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provide exceptions; to amend Code Section 36-72-5 of the Official Code of Georgia Anno tated, relating to applications for a permit for developing land on which a cemetery is located, so as to require notification to certain persons; to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to define certain terms; to provide that certain museums shall prepare an inventory of human remains and certain burial objects; to provide for notice; to provide that under certain cir cumstances, certain museums must turn over human remains and certain burial objects to lineal descendants of certain deceased persons or to American Indian tribes; to provide for the monitoring of such inventory; to provide for civil penalties; to create the Council on American Indian Concerns; to provide for membership; to provide for appointment and terms; to provide for reimbursement of expenses; to provide for powers and duties; to pro vide for an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historical areas, memorials, and recreation, is amended by striking in its entirety Code Section 12-3-52, relating to archeological exploration, excavation, or surveying and the administrative appeal of department orders and related matters, and inserting in lieu thereof the following: "12-3-52. (a) The State of Georgia, acting through the department and its autho rized officers and employees, reserves to itself the exclusive right and privilege of explor ing, excavating, or surveying all prehistoric and historic sites, ruins, artifacts, treasure, and treasure-trove, and other similar sites and objects found on all lands owned or con trolled by the state, provided that this reservation shall not apply to property under the jurisdiction of the Board of Regents of the University System of Georgia. (b) All findings of such ruins, artifacts, treasure, treasure-trove, and other similar sites and objects shall be reported to the department within two days, Saturdays, Sun days, and legal holidays excluded, after being found. (c) The department is authorized to grant permits to or enter into contractual agree ments with recognized scientific institutions or qualified individuals to conduct field archaeological archeological research or salvage archaeology archeology through data recovery on such state properties if, in the opinion of the department, conditions or situ ations warrant such arrangements or agreements. All such permits and agreements that affect burial sites or burial objects shall be issued by the department in accordance with the procedures outlined in subsection (d) of this Code section. All such information and archacologically archeologically significant objects derived from archaeological archeological research conducted on state lands shall be utilized solely for scientific or public educational purposes and shall remain the property of the state with the excep tion of those items required to be repatriated by Public Law 101-601 or by Code Section 44-12-262. In addition, the State of Georgia urges that all archaeological archeological research conducted on privately owned land within the boundaries of the state be like wise undertaken solely by recognized scientific institutions or qualified individuals. (d) (1) The department shall issue permits and enter into contractual agreements with recognized scientific institutions or qualified individuals for the purposes enumer ated in subsection (c) of this Code section on all state owned or state controlled lands.
(2) Applicants or contractors shall submit a detailed research plan for conducting such field archeological research or salvage archeology which outlines the location, objectives, scope, methods, and expected results.
(3) If burial sites are involved, the research plan or design must include a plan for identifying and notifying lineal descendants, for skeletal analysis, and for curation and disposition as prescribed by Public Law 101-601 or by Part 1 of Article 7 of Chapter 12 of Title 44.
(4) The department, as custodian of all prehistoric and historic sites, ruins, arti facts, treasure, and treasure-trove, and other similar sites and objects found on state owned or state controlled lands, is empowered to promulgate such rules and regula-
and repatriate such

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(5) Permits may be renewed upon or prior to expiration upon such terms and con ditions as the department deems appropriate.
(6) A permit may be revoked by^ the department upon a determination by the department that the permit hold has violated this chapter or any term or condition of its permit. Any determination to revoke or deny a permit may be administratively and judicially reviewed in the manner provided in subsection (e) of this Code section.
(7) Upon issuing a permit or entering into a contract that involves aboriginal, prehistoric, or American Indian burial sites, the department shall send written notice to the Council on American Indian Concerns created by Code Section 44-12-280. (d-> (e) Any person who is aggrieved or adversely affected by any order or action of the department shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Admin istrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the department is empowered to administer and enforce. In the event the department asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on same before continuing on with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner."
Section 2. Said chapter is further amended by inserting at the end thereof the fol lowing:
"ARTICLE 9
12-3-620. As used in this article, the term: (1) 'American Indian' means an individual who is a member of a nation, tribe,
band, group, or community that was indigenous to Georgia; is a descendant of persons named as American Indians in the Georgia Senate Bill 89, enacted during the legisla tive session of 1839 (Ga. L. 1839, p. 374); or is a descendant of persons included in the United States Indian Claims Commission, Docket 21, 1962, and those sequel dock ets pertaining to the Creek Nation east of the Mississippi.
(2) 'Burial object' means an object that, as a part of the death rite or ceremony of a culture, is reasonably believed to have been placed with individual human remains either at the time of death or later. Such term includes any item defined in paragraph (4) of Code Section 36-72-2 and may also include but not be limited to urns; whole or broken ceramic, metal, or glass vessels; chipped stone tools; ground stone tools; worked bone and shell items; clothing; medals; buttons; jewelry; firearms; edged weapons; and the caskets or containers for the human remains.
(3) 'Council' means the Council on American Indian Concerns established by Code Section 44-12-280.
(4) 'Human remains' means the bodies of deceased human beings in any stage of decomposition, including cremated remains.
(5) 'Object of cultural patrimony' means an object having ongoing historical, tradi tional, or cultural importance central to a group or culture itself, rather than property owned by an individual, and which, therefore, cannot be alienated, appropriated, or conveyed by any individual regardless of whether or not the individual is a member of a tribe or an organization.
(6) 'Sacred object' means a specific ceremonial object which is used by a religious leader for the practice of a religion by the present day adherents of such religion.

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12-3-621. (a) It shall be unlawful for any person or entity not operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, or the express written permission of the owner willfully or knowingly to:
(1) Dig, probe, break, crack, carve upon, write upon, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the structures, fea tures, surfaces, or contents of archeological, aboriginal, prehistoric, or historic sites; provided, however, that except for human remains and burial objects, this paragraph shall not apply to the collecting of artifacts exposed on the surface;
(2) Disturb or alter in any manner the prevailing condition of any archeological, aboriginal, prehistoric, or historic site; provided, however, that except for human remains and burial objects, this paragraph shall not apply to the collecting of artifacts exposed on the surface;
(3) Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any area containing an archeological, aboriginal, prehistoric, or historic site or artifacts, even though entrance thereto may not be gained; or
(4) Enter an archeological, aboriginal, prehistoric, or historic site posted against trespassing or a site with a lock, gate, door, or other obstruction designed to control or prevent access to the site. (b) When the surface of any archeological, aboriginal, prehistoric, or historic site is disturbed by a person not operating under the provisions of Section 106 of the National Historic Preservation Act, as amended, for the purpose of investigating the site or dis covering artifacts with the written permission of the landowner, such person shall notify the department in writing at least five business days before beginning any such investi gation or disturbance. The department shall immediately notify the Council on Ameri can Indian Concerns created by Code Section 44-12-280 of any such investigation that might involve American Indian human remains or burial objects. The department shall make available to the council any information pertaining to investigations conducted pursuant to Section 106 of the National Historic Preservation Act, as amended. (c) Any person who violates any provision of a subsection (a) of this Code section shall be guilty of a misdemeanor. 12-3-622. (a) After December 1, 1992, it shall be unlawful for any person to buy, sell, trade, import, or export for purposes of buying, selling or trading for profit any American Indian burial object, sacred object, or object of cultural patrimony, with knowledge that the object is an American Indian burial or sacred object or an object of cultural patrimony. (b) Any person who violates the provisions of subsection (a) of this Code section is guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine not to exceed $500.00 for each burial object, sacred object, or object of cultural patrimony involved in such violation." Section 3. Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to dead bodies, is amended by inserting at the end of Article 1, relating to general provi sions, the following: "31-21-5. (a) Any person who knows or has reason to believe that interred human remains have been or are being disturbed, destroyed, defaced, mutilated, removed, or exposed without a permit issued pursuant to Code Section 36-72-4, 12-3-52, or 12-3-82 or without written permission of the landowner for an archeological excavation on the site by an archaeologist or not in compliance with Section 106 of the National Historic Preservation Act, as amended, and any person who accidentally or inadvertently discov ers or exposes human remains shall immediately notify the local law enforcement agency with jurisdiction in the area where the human remains are located. (b) Any law enforcement agency notified of the discovery or disturbance, destruction, defacing, mutilation, removal, or exposure of interred human remains shall immediately report such notification to the coroner or medical examiner of the county where the human remains are located, who shall determine whether investigation of the death is required under Code Section 45-16-24. If investigation of the death is not required, the coroner or medical examiner shall immediately notify the local governing authority of

2224

JOURNAL OF THE HOUSE,

the county or municipality in which the remains are found and the Department of Natu ral Resources. If the remains are believed to be those of one or more aboriginal or prehistoric ancestors of or American Indians, then the Department of Natural Resources shall notify the Council on American Indian Concerns. All land-disturbing activity likely to further disturb the human remains shall cease until:
(1) The county coroner or medical examiner, after determining that investigation of the death is required, has completed forensic examination of the site;
(2) A permit is issued for land use change and disturbance pursuant to Code Sec tion 36-72-4; a permit is issued or a contract is let pursuant to subsection (d) of Code Section 12-3-52; or written permission is obtained from the landowner for the conduct of an archeological excavation; or
(3) If such a permit is not sought, the Department of Natural Resources arranges with the landowner for the protection of the remains. (c) The provisions of this Code section shall not apply to normal farming activity including, but not limited to, plowing, disking, harvesting, and grazing of livestock." Section 4. Said chapter is further amended by inserting at the end of Article 3, relat ing to offenses, the following: "31-21-45. (a) After December 1, 1992, it shall be unlawful to exhibit or display to the public dead human bodies of American Indians or American Indian human remains except in connection with:
(1) Funeral or burial services; (2) Education or instruction as part of a course of study at an accredited univer sity, college, or school; or (3) Educational exhibits or displays as may be allowed only with the express writ ten permission of the lineal descendants of the deceased where such decendants can be identified or by the agent of the deceased's estate or, where there is no lineal descendant or agent of the deceased's estate, by the Council on American Indian Con cerns created by Code Section 44-12-280. (b) Any person who violates this Code section is guilty of a felony and, upon convic tion thereof, shall be punished by imprisonment for not less than one nor more than two years." Section 5. Code Section 36-72-5 of the Official Code of Georgia Annotated, relating to applications for a permit for developing land on which a cemetery is located, is amended by striking in its entirety paragraph (4) and inserting in lieu thereof the follow ing: "(4) A plan prepared by a genealogist for identifying and notifying the descendants of those buried or believed to be buried in such cemetery; and. If those buried or believed to be buried are of aboriginal or American Indian descent, the genealogist, in preparing the notification plan, shall consult with the Council on American Indian Con cerns created pursuant to Code Section 44-12-280 and shall include in the notification plan not only any known descendants of those presumed buried but also any American Indian tribes as defined in paragraph (2) of Code Section 44-12-260 that are culturally affiliated; and" Section 6. Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended by inserting at the end thereof the following:
"ARTICLE 7 Part 1
44-12-260. As used in this article, the term: (1) 'American Indian' means an individual who is a member of a nation, tribe,
band, group, or community that was indigenous to Georgia; is a descendant of persons named as American Indians in the Georgia Senate Bill 89, enacted during the legisla tive session of 1839 (Ga. L. 1839, p. 374); or is a descendant of persons included in the United States Indian Claims Commission, Docket 21, 1962, and those sequel dock ets pertaining to the Creek Nation east of the Mississippi.

FRIDAY, MARCH 6, 1992

2225

(2) 'American Indian tribe' means any nation, tribe, band, group, or community that was indigenous to Georgia and is recognized as eligible for the the special pro grams and services provided by the United States to Indians because of its status as Indian; or whose members are descendants of American Indians indigenous to Georgia.
(3) 'Burial object' means an object that, as a part of the death rite or ceremony of a culture, is reasonably believed to have been placed with individual human remains either at the time of death or later. Such term includes any item defined in paragraph (4) of Code Section 36-72-2 and may also include but not be limited to urns; whole or broken ceramic, metal, or glass vessels; chipped stone tools; ground stone tools; worked bone and shell items; clothing; medals; buttons; jewelry; firearms; edged weapons; and the caskets or containers for the human remains.
(4) 'Burial site' or 'burial ground' means an area dedicated to and used for inter ment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. Such a site may be any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which, as a part of the death rite or ceremony of a culture, individual human remains are deposited. Such term does not include any cemetery required to be registered with the Secretary of State pursuant to Code Section 44-3-134.
(5) 'Council' means the Council on American Indian Concerns established by Code Section 44-12-280.
(6) 'Cultural affiliation' means that there is a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe and an identifiable earlier group.
(7) 'Human remains' means the bodies of deceased human beings in any stage of decomposition, including cremated remains.
(8) 'Inventory' means a simple itemized list that summarizes the information called for by this article.
(9) 'Museum' means any institution or state or local government agency or any institution of higher learning that is not included in paragraph (8) of Section 2 of Public Law 101-601. 44-12-261. (a) Any museum having possession or control over holdings or collections of American Indian human remains or burial objects shall compile an inventory of such items and, to the extent possible based on information possessed by such museum, iden tify the geographical and cultural affiliation of such items. (b) The inventory and identification required under subsection (a) of this Code sec tion shall be:
(1) Completed in consultation with American Indian tribes; (2) Completed by not later than July 1, 1997; and (3) Made available to the Secretary of State and the council both during the time conducted and afterward. (c) Upon the request of any American Indian tribe, a museum shall supply addi tional available documentation to supplement the information required by subsection (a) of this Code section. Such documentation shall consist of a summary of existing museum records, including inventories or catalogs, relevant studies, and other pertinent data for the limited purpose of determining the geographical origin, cultural affiliation, and basic facts surrounding the acquisition and accession of American Indian human remains and burial objects subject to this Code section. (d) This part shall not be construed to be an authorization for the initiation of new scientific studies of human remains and burial objects or the initiation of any other method of acquiring or preserving additional scientific information from such remains and objects. (e) Any museum which has made a good faith effort to carry out an inventory and identification under this Code section, but which has been unable to complete the pro cess, may appeal to the Secretary of State for an extension of the time requirement set forth in paragraph (2) of subsection (b) of this Code section. The Secretary of State may once grant an extension of up to one year for any such museum upon a finding of good faith effort. An indication of good faith shall include the development of a plan to carry out the inventory and identification process.

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JOURNAL OF THE HOUSE,

(f) If the cultural affiliation of any particular American Indian human remains or burial objects is determined pursuant to this Code section, the museum concerned shall not later than six months after the completion of the inventory notify the affected American Indian tribes. The notice shall include information:
(1) Which identifies or describes each American Indian human remains or burial object and the circumstances surrounding its acquisition;
(2) Which lists the human remains or burial objects that are clearly identifiable as to tribal origin; and
(3) Which lists the American Indian human remains and burial objects that are not clearly identifiable as being culturally affiliated with that Indian tribe, but which, given the totality of circumstances surrounding acquisition of the remains or objects, are determined by a reasonable belief to be remains or objects culturally affiliated with the Indian tribe. A copy of each notice shall be sent to the Secretary of State and to the Council on American Indian Concerns. 44-12-262. (a) Upon the request of a known lineal descendant of the particular American Indian or, if a cultural affiliation is established between a particular American Indian tribe and particular human remains or burial objects, the request of the tribe, and pursuant to subsections (d) and (e) of this Code section, the museum shall expeditiously return such remains and objects. However, no human remains or burial objects shall be repatriated outside of the State of Georgia unless claimed by a known lineal descendant of the deceased person, as proved by clear and convincing evidence. (b) The return of human remains and burial objects covered by this part shall be in consultation with the requesting descendant or tribe to determine the place and manner of delivery of such items. (c) Where cultural affiliation between an American Indian tribe and human remains or burial objects has not been established in an inventory prepared pursuant to Code Section 44-12-261, such American Indian tribe can establish cultural affiliation by a pre ponderance of the evidence based upon geographical, kinship, biological, archeological, anthropological, linguistic, folkloric, oral tradition, historical, or other relevant informa tion or expert opinion. (d) If either a lineal descendant of the deceased person or an American Indian tribe culturally affiliated with human remains or burial objects requests the return of such American Indian human remains or burial objects, the museum shall expeditiously return such items unless such items are indispensable for the completion of a specific scientific study, the outcome of which would be of major benefit to the State of Georgia, as determined by the Secretary of State and the council. Such items shall be returned by no later than 120 days after the date on which scientific study is completed. If the Secretary of State and the council cannot agree on the benefit of the scientific study, then they shall each appoint one representative to serve on a committee created and convened for the sole purpose of resolving the issue. The Governor shall appoint a per son to chair the committee. Such person may not be an employee of the Secretary of State or a member of the council. The chairperson may vote to break a tie. (e) When there are multiple requests for repatriation of any American Indian human remains or burial objects and after complying with the requirements of this part the museum cannot clearly determine which requesting party is the most appropriate claim ant, the museum may retain such item until the requesting parties agree upon its dispo sition or the dispute is resolved pursuant to the provisions of this article or in a court of competent jurisdiction. (f) Any museum which repatriates any American Indian human remains or burial objects in good faith pursuant to this part shall not be liable for claims by an aggrieved party or for claims of breach of fiduciary duty or public trust. (g) Nothing in this Code section shall require private citizens to surrender artifact collections that do not contain burial objects. 44-12-263. The council shall monitor and review the implementation of inventory and identification process and repatriation activities required under Code Sections 44-12-261 and 44-12-262 to ensure a fair, objective consideration and assessment of all available relevant information and evidence.

FRIDAY, MARCH 6, 1992

2227

44-12-264. (a) Any museum which fails to comply with the provisions of Code Sec tion 44-12-261 or 44-12-262 shall be subject to a civil penalty to be imposed by the Sec retary of State. The amount of such penalty shall be based upon:
(1) The archeological, historical, or commercial value of the item involved; (2) The damages suffered, both economic and noneconomic, by an aggrieved party; and (3) The number of violations that have occurred but in no event shall the aggregate amount of such civil penalty exceed $5,000.00. (b) Whenever the Secretary of State proposes to subject a person to the imposition of a civil penalty under this Code section, he shall notify such person in writing: (1) Setting forth the date, facts, and nature of each act or omission with which the person is charged; (2) Specifically identifying the particular provision or provisions of the Code sec tion, rule, regulation, order, license, or registration certificate involved in the violation; and (3) Advising of each penalty which the Secretary of State proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the Secretary of State to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the Secretary of State shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty subse quently determined by the Secretary of State, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. On the request of the Secretary of State, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this Code section. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the Attorney General for collection. (d) All moneys collected from civil penalties shall be paid to the state for deposit in the general fund.
Part 2 44-12-280. (a) As used in this Code section, the term:
(1) 'Anthropologist' means a physical anthropologist who holds a Ph.D. in physical anthropology with demonstrated experience in on-site identification of human skeletal remains and who is currently active in the profession.
(2) 'Archeologist' means any person who: (A) Is a member of or meets the criteria for membership in the Society of Pro
fessional Archaeologists and can demonstrate experience or formal training in the excavation and interpretation of human graves; or
(B) Was employed on July 1, 1992, by the state or by any county or municipal governing authority as an archeologist. (b) There is created the Council on American Indian Concerns, which shall consist of nine members to be appointed by the Governor. Four members shall be American Indians. Three members shall represent the scientific community and shall include at least one archeologist and one anthropologist; provided, however, that if no anthropolo gist can be identified who is willing to serve, then the membership reserved to an anthropologist shall be filled by a person who holds a master's degree or a higher degree in the field of anthropology and is currently active in the profession. Two members shall be selected from the general public at large. All members of the council shall be legal residents of the State of Georgia. The Governor shall consult the Georgia Tribes of East ern Cherokee, Inc., the Human Relations Commission, the Georgia Council of Profes sional Archaeologists, the Society for Georgia Archaeology, and the Department of Natural Resources for recommendations before appointing members of the council.

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JOURNAL OF THE HOUSE,

(c) The council is assigned to the Governor's Office of Planning and Budget for administrative purposes only, as specified in Code Section 50-4-3.
(d) The terms of appointment for members of the council shall be as follows: two American Indians, one scientist, and one representative of the general public shall be appointed for an initial term of three years; two American Indians, one scientist, and one representative of the general public shall be appointed for an initial term of two years; and one scientist shall be appointed for an initial term of one year. The Governor shall specify the length of the initial term of the councilmembers in their initial appoint ments. After such initial terms, all councilmembers shall be appointed for terms of three years. Active and continued participation by members of the council is needed. The Governor may remove any member who fails to attend three regularly scheduled consec utive meetings. Councilmembers may succeed themselves.
44-12-281. Councilmembers shall receive no compensation for their services but shall be reimbursed for their actual travel and expenses necessarily incurred in the perform ance of their duties for each day such member of the council is in attendance at a meet ing of the council.
44-12-282. Annually, the councilmembers shall elect a chairperson for a term of one year. The council shall meet as frequently as needed to perform its duties, upon the call of the council chairperson. Five councilmembers shall constitute a quorum to conduct business.
44-12-283. The council shall have the following powers and duties: (1) To serve as a resource for the notification of relatives under paragraph (4) of
Code Section 36-72-5, relating to notification of relatives pursuant to obtaining a per mit for land use change or disturbance; provided, however, that failure of the council to respond within 30 days to a request to serve as a resource for the notification shall not prevent the notification process or any permit process from taking place;
(2) To receive notice of permits issued and contracts issued under subsection (c) of Code Section 12-3-52 that affect aboriginal, prehistoric, or American Indian burial sites;
(3) To monitor the inventory and identification process conducted under Code Section 44-12-261 to ensure a fair, objective consideration and assessment of all availa ble relevant information and evidence;
(4) To facilitate the resolution of disputes among American Indian tribes, lineal descendants of American Indians, and museums relating to the return of American Indian remains and burial objects pursuant to Code Section 44-12-262, including con vening the parties to the dispute;
(5) To advise the Department of Natural Resources, the General Assembly, the Human Relations Commission, the Secretary of State, local political subdivisions, and state and local law enforcement agencies regarding policy matters relating to issues affecting American Indians; and
(6) To apply for and receive grants, gifts, and direct appropriations from the fed eral government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organization, public or private; and any individual or groups of individuals. 44-12-284. The council may delegate duties to one or more councilmembers or agents. The council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable it to carry out its functions under this part and to contract for such services as may be necessary to enable the council to carry out it responsibilities. 44-12-285. The council shall make an annual report of its activities to the Governor." Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

FRIDAY, MARCH 6, 1992

2229

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Barnett.B Barnett.M Bates Y Beatty Y Benefield Y Birdsong Y Blitch Bordeaux Y Bostick Branch
Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D
Davis.G N Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton
Fennel Y Fluyd.J.M Y Floyd.J.W
Y Flynt Y God bee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Hamilton Y Hammond Hanner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore Y King N Kingston Y Klein Y Ladd Y Lane.D
Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long
Y Lord Lucas
Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter
Y Poston Y Powell.A Y Powell.C Y Presley N Purcell
Randall
N Ray Y Reaves Y Redding Y Ricketson
Royal Y Selman Y Sherrill N Simpson Y Sinkfield

Y Skipper N Smith,L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.K Y Stancil.S Y Stanley
Streat Y Taylor Y Teper
Thomas.C Thomas,M Y Thomas.N Thurmond Y Titus Tolbert Y Townsend
Y Turnquest Twiggs Valenti
Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 134, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Valenti of the 52nd, Branch of the 137th, Irwin of the 57th, Thomas of the 69th and Thomas of the 31st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 892. By Representatives Kilgore of the 42nd, Watts of the 41st, Simpson of the 70th, Thomas of the 69th and Coleman of the 118th: A resolution recommending the appointment of a permanent review commit tee from existing personnel within the Office of Planning and Budget to oversee funds for the aging within the Department of Human Resources.

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 Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot

Bargeron Barnett.B Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux

Y Bostick Branch Breedlove
Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd

Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark,E Y Clark.L Y Coker
Y Coleman Colwell
Y Connell Y Culbreth Y Cummings,B Y Cummings.M

2230

JOURNAL OF THE HOUSE,

Y Davis.D Davis.fi
V Davis.M Y Dixon.H
Dixon.S Y Dobbs
Dover Y Dunn Y Kdwards
Klliott Y Felton Y Fennel Y Fluyd.J.M Y Flnvd.J.W Y Fl>nt Y Codbee Y Colden Y fioodwin
K Green Y fireene Y Griffin
Y Groover Hamilton
Y Hammond Manner
Y Harris.B Y Harris,.]

Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Irwin .Jackson Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D
Y Lane.R E Langford Y Lawrence
Lawson Y Lee YLong Y Lord
Lucas Y Mann

Y Martin
Y McBee
Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milarn Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Oliver.C Y Oliver.M Y Orr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster

Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Ray Y Reaves Redding Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Smith.T Y Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S

Stanley Streat Y Taylor Y Teper Y Thomas.C Thomas,M Y Thomas.N Thurmond Y Titus Tolbert Y Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker,.! Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 139, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Hamilton of the 124th and Irwin of the 57th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read:

HR 1018. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Heard of the 43rd, Groover of the 99th and others

A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn at 5:00 P.M. on Friday, March 6, 1992, and shall reconvene on Wednesday, March 11, 1992. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 11 may be as ordered by the Senate; and the hour for convening the House on March 11 may be as ordered by the House.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Balkcom Y Barfoot Y Bargeron Barnett.B

Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks

Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin

Y Cbambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,!

Y Cummings.M Y Davis.D
Davis,G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott

FRIDAY, MARCH 6, 1992

2231

Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard
Y Hudson Irwin

Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C

N Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit N Pinholster Y Pinkston Y Poag
Y Porter Y Poston

Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith, W
Smyre Y Snow Y Stancil.F N Stancil.S
Y Stanley Y Streat

On the adoption of the Resolution, the ayes were 154, nays 4. The Resolution was adopted.

Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker,L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,.! Y Williams.R
Y Yeargin Murphy,Spkr

Representative Irwin of the 57th 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, favorably reported by the Committee on Rules, was read and adopted:

HR 932. By Representatives Long of the 142nd, Groover of the 99th, Royal of the 144th and Murphy of the 18th: A resolution commending the Honorable George T. Smith and inviting him to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:

HB 1668.

By Representatives Skipper of the 116th, Moultrie of the 93rd and Meadows of the 91st: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to delete certain provisions requiring a permit to trap and sell live fox; to provide certain conditions for holding live fox; to permit live fox to be held during trapping season.

The following Committee substitute was read and adopted:

A BILL To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to delete certain provisions requiring a permit to trap and sell live fox; to pro vide certain conditions for holding live fox; to permit live fox to be held during trapping season; to provide for related matters; to repeal conflicting laws; and for other purposes.

JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in their entireties subsections (a) and (b) of Code Section 27-2-22.1, relating to commercial fox breeding and hunting, and inserting in lieu thereof, respectively, the following:
"(a) It shall be unlawful for any person to trap and sell live fox without first procur ing a commercial trapping license provided for in Code Section 27-2-23 etnd obtaining a permit from the department to trap and seH live fex-; T-ne department may grant stteh

issued, tire QCpftftmerit sfiflii prescribe trie idiR tof escn permit sno msy impose corjui

Code section. Notwithstanding any other provision of this title to the contrary, live fox may be taken from the wild only during trapping season and may be sold only to licensed commercial fox hunting preserves or licensed commercial fox breeders. Foxes may be held during open trapping season for up to five days until sold but must be sold or dispatched within five days after the close of trapping season. Any person in posses sion of' a live fox must comply with the provisions of Code Section 27-5-6.
(b) It shall be unlawful for any person to purchase a live fox unless the person sell ing such game animal has a valid permit et commercial trapping license provided for in this Code section and unless the person purchasing such animal has a valid permit er license provided for in 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 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
N Barfoot Y Bargeron Y Barnett.B Y Harriett,M
Bates
Y Bealtv Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell
Carter
Y Cauthorn Y Chafin

Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M
Y Davis.D Davis.G
Y Davis.M Y Dixon.H
Dixon.S Dobbs Y Dover Y Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwill E Green Y Greene Y Griffin

Y Groover Hamilton
Y Hammond Manner
Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland
Holmes
Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane.R E Langford Y Lawrence
Y Lawson YLee
Long Y Lord Y Lucas Y Mann

Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Mills Y Mobley Moody Y Morsberger Y Moultrie Y Mueller Oliver.C Y Oliver.M Y Orr Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote N Perry Y Pettit Y Pinholster
Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Smith,L Y Smith.P
Smith.T Smith.W Y Smyre Snow Y Standl.F
Y Stancil.S Stanley
Y Streat Taylor
Y Teper
Y Thomas.C Thomas.M
Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest

FRIDAY, MARCH 6, 1992

2233

Twiggs Y Valenti Y Vaughan

Y Walker..) Walker.L
Y Wall

Y Watson Y Watts
White

Y Wilder Y Williams.B Y Williams.J

Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 142, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Hamilton of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 1731.

By Representative Dobbs of the 74th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Newton County during designated regis tration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

The following Senate amendment was read:

Amend HB 1731 by striking line 19 of page 1 and inserting in lieu thereof the follow ing:
"election on the date of the general primary".

Representative Dobbs of the 74th moved that the House agree to the Senate amend ment to HB 1731.
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 fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1540.

By Representative Reaves of the 147th: A bill to amend Article 1 of Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers, so as to provide that a per son who purchases leased livestock or a commission merchant who sells leased livestock for the lessee shall not be liable to the owner or lessor of such livestock unless, prior to the purchase or sale, the purchaser or commis sion merchant has received notice of the owner's or lessor's ownership inter est by written notice.

The following substitute, offered by Representative Reaves of the 147th, was read and adopted:

A BILL To amend Article 1 of Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers, so as to provide that a person who purchases leased livestock

2234

JOURNAL OF THE HOUSE,

from or a commission merchant who sells leased livestock for the lessee of such livestock shall not be liable to the owner or lessor of such livestock in certain circumstances; to pro vide for the registering of marks and brands; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 4 of the Official Code of Georgia Anno tated, relating to livestock dealers, is amended by striking Code Section 4-6-11, relating to the liability of a purchaser or seller of leased livestock, and inserting in lieu thereof a new Code section to read as follows:
"4-6-11. A person who purchases leased livestock from or a commission merchant who sells leased livestock for the lessee of such livestock shall not be liable to the owner or lessor of such livestock unless the livestock are clearly marked or branded with a mark or brand registered by the owner or lessor with the department and, prior to the purchase or sale, the purchaser or commission merchant has received written notice of the owner's or lessor's ownership interest in such livestock by either written notice er by eta identification mark or brand en such livestock and of the owner's or lessor's mark or brand."
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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark,!, Y Coker
Coieman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Floyd.J.W Y Flynt Y Godbee Y Golden Goodwin E Green Y Greene Y Griffin Groover Hamilton Y Hammond Manner Y Harris.B Y Harris.J

Y Heard Y" Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody
Morsberger Y Moultrie
Mueller Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y" Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Standl.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R 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 substi tute.

FRIDAY, MARCH 6, 1992

2235

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 1462.

By Representatives Brush of the 83rd, Parham of the 105th, Barnett of the 10th, Harris of the 84th and Williams of the 90th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide for suspension of a driver's license for the fraudulent or false application for such license.

The following Committee substitute was read and adopted:

A BILL To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for suspension of a driver's license for the fraudulent or false application for such license; to provide for an exemption from the application fee for a commercial driver's license for certain inmates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subsection (a) of Code Section 40-5-54, relating to mandatory suspension of a driver's license, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the fol lowing offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Manslaughter resulting from the operation of a vehicle; (3) Any felony in the commission of which a motor vehicle is used; (4) Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270; (5) Racing on highways and streets; (6) Using a motor vehicle in fleeing or attempting to elude an officer; or (7) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125." Section 2. Said chapter is further amended in Code Section 40-5-149, relating to contents of application for commercial license, by striking in its entirety the undesignated paragraph following paragraph (9) of subsection (a) and inserting a new undesignated par agraph to read as follows: "Each application shall be accompanied by an application fee of $35.00, except for those who operate or are applying to operate a public school bus and inmates of state or county correctional institutions who operate or are applying to operate commercial motor vehicles under the supervision of such institutions during the period of such inmates' confinement, in which ease cases there shall be no application fee." Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

2236

JOURNAL OF THE HOUSE,

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove Brooks
Y Brown
Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell
Y Carter Cauthorn
Y Chafin
Y Chambless Cheeks
Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis,D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobhs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee
Golden Goodwin E Green Y Greene Y Griffin Y Groover Hamilton Y Hammond Hanner Y Harris, B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones
Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Y Randall Ray
Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield

Y Skipper Y Smith,!. Y Smith, P Y Smith/I'
Y Smith.W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley
Streat Y Taylor Y Teper
Thomas.C Thomas.M Y Thomas, N
Y Thurmond Y Titus
Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker, L Y Wall Y Watson
Y Watts White
Y Wilder Y Williams, B Y Williams,-! Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Hamilton of the 124th, Morsberger of the 62nd, Cheeks of the 89th and Thomas of the 69th stated that they had been called from the floor of the House dur ing the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1708.

By Representatives Floyd of the 154th and Purcell of the 129th:
A bill to amend Code Section 3-4-90 of the Official Code of Georgia Anno tated, relating to the authorization by counties or municipalities of the issu ance of licenses for the sale of distilled spirits by the drink, so as to change a certain provision relating to the issuance of such licenses in counties having a certain population.

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

Y Abernathy Adams
Y Aiken Y Alford
Ashe Y Atkins Y Baker
Balkcom Y Barfoot
Y Bargeron

Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch

Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell

Y Carter Cauthorn
Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S

FRIDAY, MARCH 6, 1992

2237

Dobhs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Flovd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Hamilton Y Hammond Manner Y Harria.B Y Harris,.] Heard Y Henson Y Herbert Holland

Holmes Y Howard
Hudson Y' Irwin Y .Jackson Y Jamieson Y Jenkins
Jones Y Kilgore Y King Y Kingston Y Klein Y l.add Y l.ane.D Y Lane.H E ..angfbrd
-awrence J awson -,ee Y ,ord Lucas Y Mann Martin Y McBee Y McCoy

Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley N Moody Y Morsberger
Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag

Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson
Royal Selman Y Sherrill Simpson Y Sinkfield Skipper Y Smith.L Y Smith.P Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley

Streat Y Taylor Y Teper
Thomas.C Thomas,M Y Thomas.N Y Thurmond Y Titus Tolbert Y Townsend Y Turnquest Twiggs Valenti Y Vaughan Walker.J Y Walker.L Y Wall Y Watson Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R
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.

Representatives Thomas of the 69th, Cheeks of the 89th and Mills of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1097.

By Representative Murphy of the 18th: A bill to amend Article 8 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to multiple-party accounts in financial institu tions, so as to provide the exclusive conditions under which financial institu tions and attorneys may establish trust accounts; to provide for interest-bearing and noninterest-bearing accounts.

The following Committee substitute was read and adopted:

A BILL To amend Article 8 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to multiple-party accounts in financial institutions, so as to provide the exclusive conditions under which financial institutions and attorneys may establish trust accounts; to provide for interest-bearing and noninterest-bearing accounts; to provide for ownership of such accounts; to authorize interest-bearing trust accounts from which interest proceeds are remitted for certain designated purposes; to require financial institutions to make available and maintain such accounts and to remit the interest payments; to limit the lia bility of financial institutions; to provide for procedures; 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 8 of Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to multiple-party accounts in financial institutions, is amended by striking paragraph (14) of Code Section 7-1-810, relating to definitions of terms, and inserting in its place a new paragraph (14) to read as follows: "(14) 'Trust account' means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the

2238

JOURNAL OF THE HOUSE,

account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that pay ment to the beneficiary be mentioned in the deposit agreement. A trust account does not include a regular trust account under a testamentary trust or a trust agreement which has significance apart from the account or a fiduciary account arising from a fidu ciary relation auch as attorney-client."
Section 2. Said article is further amended by striking subsection (c) of Code Section 7-1-812, relating to ownership of accounts, and inserting in its place a new subsection (c) to read as follows:
"(c) (1) Unless a contrary intent is manifested by the terms of the account or the deposit agreement or there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially to the trustee during his lifetime; and, if two or more parties are named as trustee on the account, during their lifetimes the account belongs to them in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.
(2) In the case of a trust account arising from an attorney-client relationship, the trust account belongs beneficially to the beneficiary, except to the extent expressly provided otherwise in:
(A) A written agreement between the beneficiary and the attorney-trustee; or (B) Code Section 7-1-822."
Section 3. Said article is further amended by adding at its end a new Code Section 7-1-822 to read as follows:
"7-1-822. (a) A financial institution, including a federally chartered financial insti tution, may establish in this state a trust account for an attorney acting as trustee only as specifically authorized in this Code section; and an attorney practicing law in this state may establish a trust account only as specifically authorized in this Code section:
(1) With respect to funds which are not nominal in amount, an attorney may establish one or more trust accounts which are interest-bearing accounts and the inter est on which belongs beneficially to the beneficiaries; and
(2) For the purpose of funding the Georgia Indigent Defense Council and making grants for indigent defense as provided in Article 2 of Chapter 12 of Title 17, known as 'The Georgia Indigent Defense Act,' and for the purpose of providing funds for the Georgia Bar Foundation as provided in Directory Rule 9-102 of the Rules of the State Bar of Georgia, each attorney shall, with or without notice to any beneficiaries, create and maintain one or more interest-bearing trust accounts for funds which are nominal in amount or to be held for a short period of time, in compliance with the following provisions:
(A) Any attorney electing to deposit funds in an interest-bearing trust account as authorized by this subsection shall direct the depository financial institution:
(i) To remit interest or dividends, net of any charges or fees, on the average monthly balance in the account, or as otherwise computed in accordance with an institution's standard accounting practice, at least quarterly, with one-half of such amount being distributed to the Georgia Indigent Defense Council for indigent defense purposes as provided in the laws relating to the council and the rules and regulations of the council and one-half of such amount being distributed to the Georgia Bar Foundation or as otherwise specified by rules approved by the Supreme Court of Georgia;
(ii) To transmit with each remittance to the remittee a statement showing the name of the attorney or law firm from whom the remittance is sent; and
(iii) To transmit to the depositing attorney or law firm a report showing the activity to the account since the last report, including copies of remittances dis tributed pursuant to division (i) of this subparagraph; (B) No earnings from any interest-bearing trust account shall be deemed to be the property of or made available to the attorney or law firm making such election.

FRIDAY, MARCH 6, 1992

2239

(b) Any financial institution which makes interest-bearing accounts available on any other basis shall be required to make interest-bearing accounts available for the pur poses described in this Code section.
(c) The rate of interest payable on any interest-bearing trust account shall not be less than the rate paid by the depositor institution to regular, nonattorney depositors. Higher rates offered by the institution to customers whose deposits exceed certain time or quantity minima, such as those offered in the form of certificates of deposit, may be obtained by an attorney or law firm on some or all of the deposit funds so long as there is no impairment of the right to withdraw or transfer principal immediately, other than any mandatory early withdrawal penalty not in excess of accrued, but as yet unpaid, interest.
(d) As used in this Code section, the term 'indigent defense' refers to the provision of grants or funds by the Georgia Indigent Defense Council for the provision of legal services to a defendant who is charged with a criminal offense under the laws of this state and who is unable, without undue hardship, to employ the legal services of an attorney or to defray the necessary expenses of legal representation.
(e) No financial institution shall incur any liability for the misapplication by the Georgia Indigent Defense Council or the Georgia Bar Foundation of any amounts remitted pursuant to this Code section, and no financial institution shall incur any lia bility for making remittances as provided for in this Code section.
(f) The provisions of this Code section shall preempt conflicting provisions of any other law, rule, or regulation, by whatever authority issued, including without limitation any rule or regulation of the judicial branch of state government or the State Bar of Georgia.
(g) Any financial institution establishing any trust account for any attorney acting as trustee, which trust account is not expressly authorized under the terms of this Code section, shall be subject to imposition of any appropriate sanctions by any appropriate regulatory authority; and any financial institution refusing to establish a trust account as authorized under this Code section shall likewise be subject to appropriate regulatory sanctions."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck

Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S

Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd.J.M Y Flo'yd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert

Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Mann Y Martin

Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Oliver.M N Orr Y Orrock Y Padgett Y Parham Y Parrish Patten Y Pelote Y Perry Y Pettit

2240

JOURNAL OF THE HOUSE,

Y Pinholster Y I inkstcm
oag irter iston Y I owell.A .well.C Y Presley Y I'urcel'l Y Kandall Y Ray

Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P

Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C

Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Walker,.!

Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Mills of the 20th 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 Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the
following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1017 Do Pass Respectfully submitted,
/s/ Colwell of the 4th Chairman

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

HR 1019.

By Representatives Williams of the 48th, Murphy of the 18th, Oliver of the 53rd and Alford of the 57th: A resolution commending Mrs. Carolyn Beasley Gilbert and inviting her to appear before the House of Representatives.

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

HB 1753.

By Representatives Cummings of the 17th, Walker of the 113th, Skipper of the 116th and McBee of the 68th: A bill to amend Code Section 47-3-121 of the Official Code of Georgia Anno tated, relating to optional retirement allowances under the Teachers Retire ment System of Georgia, so as to provide that a retired member who elected one of several spousal options and whose spouse predeceases such member may revoke such election and elect a new option providing for a retirement allowance computed to be the actuarial equivalent of such allowance immedi ately prior to the date of such election.

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

FRIDAY, MARCH 6, 1992

2241

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy V Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkrom Y Barloot Y Bargeron Y Barnett.B Y Barnett.M
Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Campheil Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M
Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
Dunn Y Edwards
Y Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd.J.W
Y Flynt Y Godbee Y Golden Y Goodwin
E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Y Hanner Y Harris.B Y Harris,J

Y Heard
Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins
Y Jones Y Kilgore
Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee Y Long Y Lord
Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills
Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller
Oliver.C
Y Oliver,M Y Orr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinhoister Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Y Ray Reaves
Y Redding Y" Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L YY SSmmiitthh,,'!?'
Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas,C
Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Vaughan Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Wilder Y Williams.B Y Williams,.!
Y Williams.R 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 1322.

By Representative Balkcom of the 140th: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the disposal of certain seized wildlife; to change certain provisions relating to legal weapons for hunting; to change the open season dates and bag limits of certain wildlife.

The following Committee substitute was read and adopted:

A BILL To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the disposal of certain seized wildlife; to change certain provisions relating to legal weapons for hunting; to change the open season dates and bag limits of certain wildlife; to provide for the tagging of deer carcasses under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety subsection (b) of Code Section 27-1-21, relating to the seizure and disposal of wildlife illegally taken or possessed, and inserting in lieu thereof the following: "(b) If the wildlife seized is perishable or if by its nature, size, or quantity it cannot be humanely, conveniently, or economically stored, held, or contained, or if the wildlife

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JOURNAL OF THE HOUSE,

seized poses a threat to public safety or public health, the commissioner may at any time order that it be disposed of and the proceeds, if any, held in escrow for 30 days following such seizure. If the owner thereof or the person in possession at the time of seizure files an action pursuant to this Code section, the action will be for the return of the proceeds, if any, and the proceeds will be held in escrow until final disposition of the action. If no such action is filed, the proceeds shall be paid into the state trea sury."
Section 2. Said title is further amended by striking in its entirety Code Section 27-3-4, relating to legal weapons for hunting wildlife, and inserting in lieu thereof the fol lowing:
"27-3-4. It shall be unlawful to hunt wildlife with any weapon, except that: (1) Longbows and compound bows may be used for taking small game. Longbows
and compound bows for hunting deer are permitted only during the regular hunting season and during the archery season for deer, provided that longbows and compound bows have a minimum recognized pull of 40 pounds at 28 inches of draw. Arrows for hunting deer must be broadhead type; with a minimum width of seven cightha of an
(2) During primitive weapon hunts, longbows, compound bows, muzzleloading rifles of .44 caliber or larger with iron sights and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used;
(3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading rifles of .44 caliber or larger, and rifles using any center-fire cartridge .22 caliber or larger; provided, however, that a ;3iS Beet 2 Hornet; .26-20; ^66 r38 Special; .38-40; and r44-40 shall et be used; provided, further however, that fire arms for hunting feral hogs, other than those weapons specified in this paragraph, may be authorized by rule or regulation of the board. Handguns with a barrel length of & inches or more, adjustable aighta, and capable of delivering at least 500 foot pounds of energy at a distance of 100 yards may be used for hunting game animals deer, bear, or feral hogs. Bullets used in all rifles and handguns must be of the other hunters, te se a handgun or rifle while hunting dee? wtth degs;
(4) Weapons for hunting small game; nongamc animals, or nongamc birds shall be limited to shotguns with shot shell size of no greater than 3 lh inches in length with No. 2 lead shot or smaller or steel shot size of BBB F or smaller shot, .22 rimfire rifles firearms, guns using ;36 caliber army carbine cartridges, the .82-20, any center-fire longbows, and compound bows; provided, however, that nothing contained in this par agraph shall permit the taking of protected species;
(5) (A) For hunting deer, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine.
(B) For hunting all other game, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is neces sary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine; (6) The use of crossbows for hunting within this state is prohibited; provided, how ever, that individuals with medically certified disability affecting the cxtrcmitica which precludes the use of ft rc^ulflp Of conn pound DOW rosy ofr issued st speciftt permit tor trie use ot ft cross DOW , QHQ sucn permits snsii ~oe issued upon receipt of ft letter ironi that such individual has a permanent disability to the extremities either through amputation or loss of- function which renders the use of a regular or compound bow impossible who receive and retain in their possession a lifetime honorary hunting and

FRIDAY, MARCH 6, 1992

2243

fishing license pursuant to paragraph (2) of subsection (a) of Code Section 27-2-4 by filing with the department a letter from the United States Department of Veterans Affairs or from a physician licensed to practice medicine under the laws of Georgia which letter certifies that such resident is totally and permanently disabled and which letter contains information establishing that such certification is based upon applica tion of the guidelines and procedures for determining total disability ratings for com pensation as contained in the United States Department of Veterans Affairs Schedule for Rating Disabilities, Loose Leaf Edition, may use a crossbow for hunting deer dur ing the archery season for deer and during primitive weapons hunts on wildlife man agement areas. Additionally, individuals who do not qualify for an honorary hunting license but have had amputation of an arm or hand may be issued a special permit by the department to hunt deer with a crossbow. Individuals who have received a spe cial crossbow hunting permit from the department prior to July 1^ 1992, may continue to hunt deer with a crossbow;
(7) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading rifles, longbows, or compound bows. Any person taking turkey in violation of this paragraph shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, except that a fine imposed for such violation shall not be less than $250.00;
(o) w capons lor nunting squirrel, raDuit, and raccoon snail we limited to snotguns witn JNo. ~s snot 0f smaller snot, . nmlirc iircariTis^ muzzleloading rillcs, long Dows, &it& compound bows There are no firearms restrictions for taking nongame animals or nongame birds;
(9) The use of silencers for hunting within this state is prohibited."

Section 3. Said title is further amended by striking in their entireties subsections (a), (b), and (f) of Code Section 27-3-15, relating to season and bag limits and related matters, and inserting in lieu thereof, respectively, the following:
"(a) It shall be unlawful to hunt the following game species at any time during the period periods set forth below:

Closed Season

(1) Quail

March 16 Nov. 18

(2) Grouse

March 1 Oct. 14

(3) Turkey

(A) Gobblers

May 22 March 14

(B) Hens

All year

(4) Deer

Jan. 16 Sept. 14

(5) Bobcat

March 1 Oct. 14

(6) Opossum

March 1 Oct. 14, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties

(7) Rabbit

March 1 Nov. 18

(8) Raccoon

March 1 Oct. 14, for that area north

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JOURNAL OF THE HOUSE,

of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties

(9) Squirrel

March 1 August 14

(10) Bear

Jan. 16 Sept. 14

(11) Sea turtles and their eggs

All year

(12) Cougar (Felis concolor)

All year

(13) Alligators

1M1 rU..v.. t1 ~~ M 1V1nUr1r1<l-1i1 2fT4T-
All year

(14) Migratory game birds

March 11 August 31 Banks, Franklin, and Hart counties

(b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the board as open seasons and bag limits for such species:

Game Species

Maximum Open Season

Maximum Bag Limits

Daily

Season

(1) Quail

Nov. 4 19 March 15

(2) Grouse

Oct. 15 Feb. 29

(3) Turkey gobblers

March 15 May 21

(4) Deer

Sept. 15 Jan. 15

5

5

Up to two deer per

managed hunt may be

allowed on wildlife

management areas

without complying

with the state-wide

bag limit

(5) Bobcat

Oct. 15 Feb. 29

No limit

No limit

(6) Opossum

(A) Oct. 15 Feb. 29, for that area north of and including Haralson,

No limit

No limit

FRIDAY, MARCH 6, 1992

2245

Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties; and

(B) Jan. 1 Dec. 31 for the remainder of the state

No limit

No limit

(7) Rabbit

Nov. 119 Feb. 29

W 12

No limit

(8) Raccoon

(A) Oct. 15 Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties;

No limit

No limit

and

(B) Jan. 1 Dec. 31 for the remainder of the state

No limit

No limit

(9) Squirrel

Aug 15 Feb. 29

12

No limit

(10) Fox

Jan. 1 Dec. 31

No limit

No limit

(11) Migratory game birds

Sept. 1 March 10

Subject to limits set by the federal government and adopted by the board

(12) Bear

Sept 15 Jan. 15

(13) Alligators

April 1 Oct. 31

Subject to limits adopted by the board"

"(f) Notwithstanding the provisions of subsections (a) and (b) of this Code section, it shall be unlawful to take the species designated below2 except squirrels, by means of falconry at any time during the period March 16 through September 30; but it shall not

2246

JOURNAL OF THE HOUSE,

be unlawful to take the species designated below2 except squirrels, by means of falconry during the period October 1 through March 15. It shall be unlawful to take squirrels by means of falconry at any time during the period March 16 through August 14, but it shall not be unlawful to take squirrels by means of falconry at any time during the period August 15 through March 15 in such number not exceeding the bag limits for each such species as follows:

Maximum Bag Limits

Daily

Season

(1) Quail (2) Grouse (3) Rabbit (4) Squirrel

12 3 W12 10 12

No limit No limit No limit No limit''

Section 4. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 27-3-45, relating to the removal of a deer carcass from the place of killing without affixing a tag to such carcass, and inserting, respectively, the following:
"(a) It shall be unlawful for any person killing a deer to remove the carcass from the place of killing until such person detaches from his license the appropriate tag and attaches such tag to the carcass; provided, however, that the carcasses of deer killed on wildlife management area managed hunt requiring hunter check-in and check-out of harvested deer will be tagged at the check station with a special wildlife management area tag. The tag deer tags shall be properly filled out and shall remain on the deer at all times until it has been processed for consumption. Any person who has possession of a deer that is not properly tagged shall be guilty of a misdemeanor. Any deer found not properly tagged shall be confiscated.
(b) It shall be unlawful to transfer or reuse a deer tag or to obtain, possess, or other wise use multiple sets of licenses including, without limitation, landowners' or honorary licenses, for the purpose of circumventing the season bag limit for deer."

Section 5. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdaong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Brush Y Buck
Y Buckner

Byrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell
Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis.G Y Davis.M
Dixon.H Y Dixon.S
Y Dobbs Y Dover

Dunn Y Edwards Y Elliot! Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee
Golden Y Goodwin E Green
Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Hanner Y Harris.B Y HarrisJ
Y Heard Y Henson
Y Herbert N Holland Y Holmes
Howard

Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane,R E Langford Y Lawrence Y Lawson YLee
YLong Lord
Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinnev.B

McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter
Poston

FRIDAY, MARCH 6, 1992

2247

Y Powell.A Y Powell.C Y Preslev Y Purceil Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal

Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith,'!' Y Smith.W Y Smyre

Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N

Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Walker.J Y Walker.L

Y Watson Y Watts
White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R 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 substi tute.

Representatives Poston of the 2nd and Hamilton of the 124th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1534.

By Representative Lord of the 107th: A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Anno tated, relating to vital records, so as to change the provisions relating to death certificates.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 1534 by adding on line 13 of page 1 between the word "from" and the word "funeral" the word "licensed".
By striking from line 15 of page 1 the word "authorization" and inserting in lieu thereof the words "a permit".
By adding on line 17 of page 3 between the word "the" and the word "funeral" the word "licensed".
By striking from line 14 of page 4 the word "Authorization" and inserting in lieu thereof the words "A permit".

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benef'ield Y Birdsong Y Blitch Y Bordeaux Y Bostick

Y Branch Y Breedlove N Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
Clark.L

Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel

Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J Y Heard
Henson Y Herbert Y Holland

Y Holmes Howard
Y Hudson Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee

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JOURNAL OF THE HOUSE,

V Long Y Lord Y Lucas Y Mann Y- Martin
McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger

Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter

Y Poston Y Powell.A Y Powell.C Y Presley Y Purceil Y Randall Y Hay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper 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 Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert

Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson
Y Watts White
Y Wilder Y Williams.B N Williams,.] Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Irwin of the 57th 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 1721.

By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:
A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that after a sevenyear holding period, restitution funds may be claimed by the respective county holding such funds.

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

Y Abernathy Y Adams
Aiken Alford Y Ashe Y Atkins Baker Balkcom Y Bari'oot Y Bargeron Y Barnett.B Y Barnett.M Bates Y Realty Y Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Y Breed love Y Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter

Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.O Y Davis.M
Y Dixon,H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Flovd.J.W Y Flynt Y Godbee Y Golden

Y Goodwin E Green Yr Greene Y Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard
Henson Y Herbert Y Holland
Y Holmes Y Howard Y' Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y" Lawrence

Y Lawson Y Lee Y Long Y Lord Y Lucas Y' Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B
McKinney,C Y Meadows Y" Merritt Y Milam Y Mills Y Mobley Y' Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y" Orrock Y Padgett Y7 Parham Y Parrish
Patten Y Pelote Y Perry

Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcel'l Y Randall
Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper 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 Streat"

FRIDAY, MARCH 6, 1992

2249

Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N

Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker,!,

Y Wall Y Watson Y Watts Y White
Wilder

Y Williams.B Y Williams.J Y Williams.R 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.

Representative Irwin of the 57th 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 Resolutions of the House were read and adopted:

HR 1020. By Representatives Pelote of the 127th, Kingston of the 125th, Merritt of the 123rd and Dixon of the 128th: A resolution expressing sympathy at the passing of Charlie L. Bryan.

HR 1021. By Representative Mobley of the 64th: A resolution honoring Dr. Charles Bryant "Red" Skelton.

HR 1022. By Representatives Birdsong of the 104th and Jenkins of the 80th: A resolution expressing condolences and regret at the passing of Mr. William Black.

HR 1023. By Representative Connell of the 87th: A resolution congratulating the Girl Scouts on their 80th anniversary and commending the Central Savannah River Girl Scout Council.

HR 1024. By Representatives Brown of the 88th and Howard of the 85th: A resolution commending Coach David Dupree.

HR 1025.

By Representatives Culbreth of the 97th, Buck of the 95th, Taylor of the 94th, Harris of the 96th, Moultrie of the 93rd and others: A resolution commending Reverend James R. "Jimmy" Cook and congratulating him on his seventieth birthday.

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

HB 1444.

By Representatives Poston of the 2nd and Poag of the 3rd: A bill to abolish the Catoosa Utility District and board of utilities commis sioners for Catoosa County.

The following Senate substitute was read:

A BILL To abolish the Catoosa Utility District and the board of utilities commissioners for Catoosa County upon the passage of a resolution by the Board of Commissioners of

2250

JOURNAL OF THE HOUSE,

Catoosa County; to provide for the assets, liabilities, rights of action, contracts, and obliga tions of the district and the board; to provide for personnel; to provide effective dates; to provide for a referendum; to provide for the repeal of an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended; to provide effective dates; to provide for when this Act shall be null and void; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. After passage of a resolution by the Board of Commissioners of Catoosa County and effective on or after January 1, 1994, the Catoosa Utility District and the board of utilities commissioners for Catoosa County are abolished. Upon adoption of such resolution, all assets, liabilities, rights of action, contracts, and obligations of the Catoosa Utility District and the board of utilities commissioners shall become assets, liabilities, rights of action, contracts, and obligations of the Board of Commissioners of Catoosa County and shall be under the jurisdiction, management, and control of the board of com missioners. Prior to January 1, 1994, it shall be the duty of the board of utilities commis sioners and the Board of Commissioners of Catoosa County to execute such agreements and to take appropriate and necessary actions to provide for the orderly transfer of assets, liabilities, rights of action, contracts, and obligations as required by this Act.

Section 2. Prior to the passage of a resolution by the Board of Commissioners of Catoosa County which abolishes the Catoosa Utility District and the board of utilities commissioners for Catoosa County, the county commissioners shall have two public hear ings to entertain evidence and allegations of mismanagement on the part of the Catoosa Utility District and the board of utilities commissioners for Catoosa County. Thereafter, an independent audit and study of the utility district may be conducted. The audit shall include, but shall not be limited to, a certified financial audit and an engineering study. The audit and study must show mismanagement on the part of the present utility district and its commissioners and the feasibility of having the county governing authority take over such duties; provided, however, that it shall not be necessary for mismanagement to be shown in order for the board of commissioners to take over the duties of the utility district and the board of utilities commissioners. It is the intent of this Act that if the utility district and the board of utilities commissioners for Catoosa County are abolished that the personnel employed by the board of utilities commissioners for Catoosa County shall be retained by the Board of Commissioners of Catoosa County and that their benefits shall remain the same.

Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Catoosa County shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of Catoosa County for approval or rejection. The election superintendent shall conduct that election on November 3, 1992, 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 elec tion to be published once a week for two weeks immediately preceding the date thereof in the official organ of Catoosa County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which empowers the Board of Commissioners of Catoosa County, upon passage of a resolution, to abolish the Catoosa Utility District and the board of utilities commissioners for Catoosa County and transfers the personnel, assets, liabilities, rights of action, contracts, and obligations to the Board of Commissioners of Catoosa County?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 2 shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted

FRIDAY, MARCH 6, 1992

2251

as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately fol lowing that election date.
The expense of such election shall be borne by Catoosa County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 4. Upon passage of a resolution by the Board of Commissioners of Catoosa County calling for the abolishment of the Catoosa Utility District and the board of utilities commissioners for Catoosa County, an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, is repealed in its entirety.
Section 5. Sections 3 and 6 and this section of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective as provided in Section 3 of this Act. Section 1 of this Act shall become effective upon the passage of a resolution of the Board of Com missioners of Catoosa County calling for the abolishment of the Catoosa Utility District and the board of utilities commissioners.
Section 6. If, after January 1, 1995, the Board of Commissioners of Catoosa County has not adopted a resolution calling for the abolishment of the Catoosa Utility District and the board of utilities commissioners of Catoosa County, this Act shall be null and void and shall stand repealed in its entirety.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Poston of the 2nd moved that the House agree to the Senate substi tute to HB 1444.
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 fol lowing Bill of the House was taken up for consideration and read the third time:

HB 1687.

By Representatives Stancil of the 66th, Teper of the 46th, Walker of the 113th, Jenkins of the 80th and Howard of the 85th: A bill to amend Chapter 15 of Title 15 of the Official Code of Georgia Anno tated, relating to child support receivers, so as to require the collection of court costs and service 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 Abernathy N Adams Y Aiken Y All'urd Y Ashe Y Atkins
Baker Balkcnm Barinnt Bargeron Barnett.B N Barnett,M Bates Y Beatty

Y Benefield Y' Birdsong Y Blitch
Bordeaux Y Bostick Y Branch N Breedlove N Brooks Y Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell

N Canty Y" Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers N Clark.E
Clark,L Y Colter Y Coleman Y Colwell Y Connell

Y Culbreth Y" Cummings.B N Cummings.M
Davis.D N Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Elliott
Felton

Y Fennel \' Floyd.J.M Y Floyd.J.W Y Flynt N Godbee Y Golden N Goodwin E Green N Greene N Griffin Y Groover Y Hamilton Y Hammond
Manner

JOURNAL OF THE HOUSE,

V Harris.B Y Harris.,) Y Heard
Henson Y Herbert Y Holland Y Holmes
Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd N Lane.D Y Lane.R E Langford

Y Lawrence Y Lawson Y Lee Y Long Y Lord N Lucas N Mann
Y" Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody N Morsberger Y Moultrie N Mueller

Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit Pinholster Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell Y Randall Y Ray

Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Skipper
Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat N Taylor Y Teper Y Thomas.C

Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Tolbert Townsend N Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker,L Y Wall Y Watson Y Watts N White
Wilder Y Williams.B
Williams.J Y Williams.R
Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 127, nays 24. The Bill, having received the requisite constitutional majority, was passed.

Representative Irwin of the 57th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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 2046. By Representative Barnett of the 59th: A bill to amend an Act incorporating the City of Snellville, so as to deannex and exclude certain property from the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2047. By Representatives Jamieson of the llth and Dover of the llth: A bill to repeal an Act providing that the board of commissioners of each county in this state having a population of not less than 23,000 nor more than 23,500 according to the United States decennial census of 1970 or any future such census shall hold its regular monthly meeting on the first Tues day in each month at the county courthouse.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2048. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions regarding local government, so as to repeal certain provisions relating to the depositing and auditing of county funds in all counties with populations of not less than 23,000 and not more than 25,300 according to the United States decennial census of 1970 or any future such census.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, MARCH 6, 1992

2253

HB 2049. By Representatives Breedlove of the 60th, Barnett of the 59th, Mobley of the 64th, Wall of the 61st and Orr of the 9th: A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to reapportion the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2050. By Representative Heard of the 43rd: A bill to create a public body corporate and politic, and an instrumentality of the County of Fayette, to be known as the Fayette County Economic Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2051. By Representative Balkcom of the 140th: A bill to amend an Act incorporating the City of Blakely, so as to change the date of municipal elections.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2052. By Representatives Klein of the 21st, Coker of the 21st, Atkins of the 21st, Hammond of the 20th, Vaughan of the 20th and others: A bill to amend an Act changing the boundaries of the seven education dis tricts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2053. By Representative Orrock of the 30th: A bill to amend Article 2 of Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to membership in labor organizations and right to work, so as to provide for a definition; to authorize the imposition, collec tion, and payment of fair share fees to labor organizations.
Referred to the Committee on Industrial Relations.

HB 2054. By Representatives Cauthorn of the 20th, Coker of the 21st, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st and others: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the population figure describing counties in which the sheriff is authorized to deposit cash bonds and cash reserves of professional bondspersons in interest-bearing accounts.
Referred to the Committee on State Planning & Community Affairs - Local.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:

HB 1741.

By Representatives Adams of the 79th, Buckner of the 72nd and Williams of the 48th: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the rate of certain state excise taxes upon the first sale, use, or final delivery within this state of alcohol, distilled spirits, table wines, and dessert wines.

2254

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bev erages, so as to change the provisions for and limitations upon refunds or credits for taxes on alcoholic beverages; to change the rate of certain state excise taxes upon the first sale, use, or final delivery within this state of alcohol, distilled spirits, table wines, and dessert wines; to change provisions relating to the manner of collecting state excise taxes on dis tilled spirits; to remove certain taxes upon the importation for use, consumption, or final delivery into this state of alcohol, distilled spirits, table wines, and dessert wines; to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to refund of taxes, so as to provide that said Code section shall not apply to taxes paid or stamps pur chased for alcoholic beverages; to provide an effective date; to provide that this Act shall not be severable; to provide for applicability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking Code Section 3-2-13, relating to the issuance of refunds or credits for taxes paid on alcoholic beverages or stamps purchased, and inserting in lieu thereof a new Code Section 3-2-13 to read as follows:
"3-2-13. (a) Notwithstanding any other provision of this title to the contrary, the provisions of this article shall provide the exclusive remedy and procedure for seeking and obtaining any and all refunds or credits for taxes paid on alcoholic beverages and for stamps purchased in payment of taxes on alcoholic beverages. No refund in the form of a disbursement from the state treasury shall be allowed for any such taxes or pay ments unless expressly authorized by this article.
(a) (b) The commissioner may issue refunds ef credits for taxes paid by or due from a wholesaler or, in the case of taxes on distilled spirits, may issue refunds ef credits for stamps purchased by a manufacturer, distiller, or wholesaler when it ea fee is shown to the commissioner's satisfaction that any of the following events have occurred:
(1) Alcoholic beverages have been received by the wholesaler through an error in shipment and the alcoholic beverages are returned to the shipper prior to any sale by the wholesaler in this state;
(2) Alcoholic beverages ordered by the wholesaler have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area;
(3) Alcoholic beverages which are unfit for consumption upon receipt have been received by the wholesaler and the alcoholic beverages are returned to the shipper or destroyed prior to any sale by the wholesaler in this state;
(4) Alcoholic beverages have been destroyed while in the possession of a wholesaler within the state by an act of God, such as fire, flood, lightning, wind, or other natural calamity; er
(5) Wines have been sold by the wholesaler for delivery and consumption outside the state, provided the sale and delivery shall in all respects comply with the require ments of Code Section 3-6-26. IT ; or
(6) Taxes were paid or stamps were purchased under a statute expressly held to be unconstitutional by a court of last resort and the payments were made under pro test and the ground of the protest was the same as the basis for the ruling of uncon stitutionally by the court of last resort. (b) (c) Any manufacturer, distiller, ef wholesaler receiving a refund ef No person shall receive a credit for taxes paid or stamps purchased; in every any case where an amount equal to the amount of taxes paid or to the cost of the stamps purchased has been charged or paid by the wholesaler, shall refund er credit te the wholesaler an amount equal te the credit ef refund allowed fey the commissioner, any purchaser of the person seeking a refund or credit. When an applicant is issued a credit for taxes paid or stamps purchased, in every case where an amount equal to the amount of taxes paid

FRIDAY, MARCH 6, 1992

2255

or cost of the stamps purchased has been charged to or paid by any purchaser of the applicant, the applicant shall refund or credit to the purchaser or customer an amount equal to the credit allowed by the commissioner."
Section 2. Said title is further amended by striking Code Section 3-2-14, relating to limitations on refunds, and inserting in lieu thereof a new Code Section 3-2-14 to read as follows:
"3-2-14. (a) No credit for taxes paid on alcoholic beverages or for stamps purchased in payment of taxes on alcoholic beverages shall be allowed unless an application for credit is filed with the commissioner within 90 days from the date payment is received by the commissioner. If, in the opinion of the commissioner, any refund an application filed by a applicant for refund credit of taxes paid pursuant to this title contains a false statement of if the 2 the application shall be denied. When an applicant is indebted to the state or an applicant is m violation of this title, the commissioner shall decline to approve the refund payment credit until the applicant has complied with the laws of this state. Payment ef- the refund shall be made, subject te this title, if the commissioner iifKts tli fit tftc ftpjMicQnt ts justly entitled t0 trie reiund. in no event snsii interest oe allowed on any refund or credit for taxes paid on alcoholic beverages or for stamps pur chased in payment of taxes on alcoholic beverages. Nothing contained in this Code sec tion shall be construed so as to allow for a credit or refund of any license fee lawfully due or paid under this title.
(b) Each application for credit shall be filed in writing in the form and containing such information as the commissioner may reasonably require. The commissioner or his delegate shall consider information contained in the application, together with such other information as may be available, and shall approve or disapprove the application and notify the applicant of his action. Any applicant whose claim is denied by the com missioner or his delegate or whose claim is not decided by the commissioner or his dele gate within one year from the date of filing the claim shall have the right to bring an action for a credit in the Superior Court of Fulton County. No action or proceeding for the recovery of a credit shall be commenced before the expiration of one year from the date of filing the application unless the commissioner or his delegate renders a decision on the application within that time, nor shall any action or proceeding be commenced after the occurrence of the earlier of (1) the expiration of one year from the date the claim is denied, or (2) the expiration of two years from the date the application was filed. The time for filing an action for the recovery of a credit may be extended for such period as may be agreed upon in writing between the applicant and the commissioner during the period authorized for bringing an action or any extension thereof. In the event any application is approved and the taxpayer has not paid other state taxes which have become due, the commissioner may set off the unpaid taxes against the credit. When the setoff authorized in this Code section is exercised, the credit shall be deemed granted and the amount of the setoff shall be considered for all purposes as payment toward the particular tax debt which is being set off. Any excess credit properly allowa ble under this Article which remains after the setoff has been applied may be credited to the taxpayer."
Section 3. Said title is further amended by striking Code Section 3-4-60, relating to the levy and amount of certain state taxes with respect to alcohol and distilled spirits, and inserting in its place a new Code Section 3-4-60 to read as follows:
"3-4-60. The following state taxes are levied and imposed: (i) There shall be levied and imposed upon the first sale, use, or final delivery
within this state of all distilled spirits a a state excise tax in the amount of 60t $1.00 per liter and, upon the first sale, use, or final delivery within this state of all alcohol, an a state excise tax in the amount of ?0<t $1.40 per liter, and a proportionate tax at the same rate on all fractional parts of a liter; .
(3) There shall be imposed upon the importation for tise; consumption, er final
liter and; upon the importation for 8; consumption, er final delivery into thw state

2256

JOURNAL OF THE HOUSE,

at the same rate en aW fractional parts of a liter; and 43) AH alcohol spirits manufactured within this state for sale within this state shall
Section 4. Said title is further amended by striking Code Section 3-4-61, relating to the collection of state excise taxes on distilled spirits, which reads as follows:
"3-4-61. (a) Except as may otherwise be authorized in this title, the state excise taxes imposed by this part shall be collected in the following manner:
(1) The commissioner shall prescribe suitable stamps in proper denominations denoting the payment of taxes imposed by this part, and the tax provided shall be administered and collected by means of adhesive stamps lithographed with an intri cate geometric design on safety paper or in a manner as may be prescribed by the commissioner;
(2) Before shipment or delivery to any retailer, every manufacturer or wholesaler shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax; and
(3) All manufacturers, distillers, or wholesalers who sell, ship, or deliver to each other shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax. (b) The commissioner may at his discretion replace mutilated stamps when fully sat isfied that the stamps have not been used.", and inserting in lieu thereof a new Code Section 3-4-61 to read as follows: "3-4-61. (a) Except as may otherwise be authorized in this title, the state excise taxes imposed by this part shall be paid by the licensed wholesale dealer in distilled spirits. (b) The taxes shall be paid on or before the tenth day of the month following the calendar month in which the beverages are sold or disposed of within the particular municipality or county by the wholesale dealer. (c) Each licensee responsible for the payment of the excise tax shall file a report itemizing for the preceding calendar month, by size and type of container, the exact quantities of malt beverages sold during the month within the state. The licensee shall file the report with the commissioner. (d) The wholesaler shall remit to the commissioner the tax imposed by the state on the tenth day of the month following the calendar month in which the sales were made."
Section 5. Said title is further amended by striking Code Section 3-6-50, relating to the levy and amount of certain state taxes with respect to table wines and dessert wines, and inserting in its place a new Code Section 3-6-50 to read as follows:
"3-6-50. (a) There shall be levied and imposed on the first sale, use, or final deliv ery within this state of all table wines an a state excise tax in the amount of ttf 40c per liter and a proportionate tax at the same rate on all fractional parts of a liter.
4b) There shall be imposed upon the importation for ase; consumption, or final deliv-
a proportionate tax at the same fate en aW fractional parts ef a liter. 4e) (b) There shall be levied and imposed upon the first sale, use, or final delivery
within this state of all dessert wines an a state excise tax in the amount of 27* 67$ per liter and a proportionate tax at the same rate on all fractional parts of a liter.
4d) There shall be levied and imposed upon the importation for vtse-, consumption, of riti8i delivery HIto tnis stste Or sli dessert wines ftft import tdx m trie flmourit Or 4(JC per liter and a proportionate tax at the same rate en ftH fractional parts ef a liter."
Section 6. Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to refunds of taxes, is amended by adding a new subsection (d) at the end thereof to read as follows:
"(d) This Code section shall not apply to taxes paid or stamps purchased for alco holic beverages pursuant to Title 3."

FRIDAY, MARCH 6, 1992

2257

Section 7. It is the express intention of the General Assembly that the provisions of this Act shall not be severable. In the event that any section or portion of any section of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adju dication shall render the entire Act invalid, void, and of no effect and shall specifically revive the provisions affected by this Act as such provisions stood before the enactment of this Act, as amended by laws other than this Act.
Section 8. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) With regard to taxes paid and stamps purchased on or after the effective date of this Act, all provisions of this Act shall fully apply.
(c) With regard to taxes paid and stamps purchased prior to the effective date of this Act and with regard to which no application for credit or claim for refund was filed prior to the effective date of this Act, all of the provisions of this Act shall apply, provided that, with regard to payments made less than three years prior to the effective date of this Act, the taxpayer shall have 90 days from the effective date of this Act within which to file with the commissioner the protest and the application for credit provided for by this Act, and provided, further, that no interest shall be allowed on any such taxes paid or stamps purchased.
(d) With regard to taxes paid and stamps purchased prior to the effective date of this Act and with regard to which an application for credit or claim for refund has been filed prior to the effective date of this Act, the law which was in effect at the time the application for credit or claim for refund was filed shall apply, provided that no interest shall be allowed on any such payments, and provided, further, that if a suit for refund or credit has not been filed prior to the effective date of this Act with regard to any such application or claim, any suit for recovery of a credit pertaining to such a claim or applica tion must be filed within 90 days after the effective date of this Act.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Chambless of the 133rd moves to amend the Committee substitute to HB 1741 as follows:
Striking Sections 3 and 5 in their entirety and renumbering the remaining sections accordingly.

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

Y Abernathy N Adams N Aiken
N Alford N Ashe N Atkins N Baker Y Balkcnm
Bartoot N Bargeron N Barnett.B Y Harriett,M
Bates N Bealty N Benefield N Birdsong N Blitch Y Bordeaux
Bostick N Branch Y Breedluve N Brooks

N Brown Y Brush N Buck
N Buckner N Byrd N Campbell N Canty N Carrell N Carter Y" Cauthorn Y Chafin Y Chambless N Cheeks N Childers N Clark.E Y Clark.L N Coker N Coleman N Colwell N Connell N Culbreth
Cummings.B

Y Cummings.M N Davis.D Y Davis.G
Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover Y Dunn N Edwards N Elliott N Felton N Fennel N FloydJ.M Y Floyd.J.W N Flynt Y Godbee N Golden N Goodwin E Green Y Greene Y Griffin

N Groover N Hamilton N Hammond
Y Manner N Harris.B N Harris.J N Heard N Henson N Herbert Y Holland N Holmes N Howard N Hudson Y Irwin N Jackson N Jamieson N Jenkins Y Jones N Kilgore N King N Kingston N Klein

Y Ladd N Lane.D N Lane.R
E Landlord N Lawrence Y Lawson N Lee
Long Y Lord N Lucas Y Mann N Martin N McBee N McCoy N McKelvey Y McKinney.B N McKinney.C N Meadows N Merritt N Milam N Mills N Mobley

2258

JOURNAL OF THE HOUSE,

Moody N Morsberger
Moultrie N Mueller Y Oliver.C Y Oliver.M N Orr N Orrock N Padgett N Parham N Parrish
Patten Y Pelote N Perry

N Pettit Y Pinholster
Pinkston YPoag N Porter
Poston N Powell.A Y Powell.C N Presley N Purcell N Randall
YRay N Reaves N Redding

N Ricketson Y Royal N Selman N Sherrill Y Simpson
Sinkfield Y Skipper N Smith.L N Smith.P N Smith.T N Smith.W
N Smyre N Snow Y Stancil.F

Y Stancil.S N Stanley N Streat N Taylor Y Teper Y Thomas.C Y Thomas.M N Thomas.N Y Thurmond
N Titus N Tolbert N Townsend
N Turnquest N Twiggs

On the adoption of the amendment, the ayes were 45, nays 119. The amendment was lost.

N Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts Y White
Wilder N Williams.B
Williams.J Y Williams.R N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Chambless of the 133rd moves to amend the Committee substitute to HB 1741 as follows:

On page 9 line 10 delete all and add: "without such approval, except Sections 3 and 5 shall become effective on July 1, 1992."

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

N Abernathy N Adams N Aiken N Alford N Ashe N Atkins N Baker Y Balkcom
Barfoot N Bargeron Y Barnett.B Y Barnett.M
Bates N Beatty N Benefield N Birdsong
Blitch Y Bordeaux
Bostick N Branch
Y Breedlove N Brooks N Brown
Y Brush N Buck N Buckner N Byrd Y Campbell Y Cantv N Carrell N Carter Y Cauthorn Y Chatin Y Chambless N Cheeks N Childers

N Clark.E Y Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B Y Cummings,M N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover Y Dunn N Edwards N Elliott
Felton N Fennel N Floyd.J.M Y Floyd.J.W N Flynt Y Godbee N Golden N Goodwin E Green Y Greene Y Griffin N Groover N Hamilton N Hammond Y Manner N Harris.B N Harris.J

Y Heard N Henson N Herbert Y Holland N Holmes N Howard N Hudson Y Irwin N Jackson N Jamieson N Jenkins Y Jones N Kilgore N King N Kingston N Klein Y Ladd N Lane.D N Lane.R E Langford Y Lawrence Y Lawson N Lee
Long YLord N Lucas YMann N Martin N McBee N McCoy N McKelvey
McKinney.B McKinney.C N Meadows N Merritt N Milam

Mills N Mobley
Moody N Morsberger
Moultrie N Mueller Y Oliver.C Y Oliver.M NOrr N Orrock Y Padgett N Parham N Parrish
Patten Y Pelote N Perry N Pettit Y Pinholster
Pinkston N Poag N Porter
Poston Y Powell.A Y Powell.C N Presley N Purcell N Randall YRay N Reaves
Redding N Ricketson Y Royal Y Selman N Sherrill Y Simpson N Sinkfield

On the adoption of the amendment, the ayes were 48, nays 112.

Y Skipper N Smith.L N Smith.P N Smith.T N Smith.W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor
Y Teper Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond N Titus N Tolbert N Townsend N Turnquest N Twiggs N Valenti N Vaughan N Walker.J N Walker,!, N Wall N Watson N Watts Y White
Wilder N Williams.B N Williams.J Y Williams.R N Yeargin
Murphy.Spkr

FRIDAY, MARCH 6, 1992

2259

The amendment was lost.

The following amendment was read and adopted:

Representative Dixon of the 151st moves to amend the Committee substitute to HB 1741 as follows:
Page 7 line 23 strike "malt beverages" and insert "distilled spirits".

The Committee substitute, as amended, was adopted.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell N Canty Y Carrell Y Carter N Cauthorn N Chafin N Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B N Cummings.M Y Davis.D Y Davis.G N Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover N Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M N Floyd.J.W
Y Flynt N Godbee Y Golden Y Goodwin E Green N Greene N Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert N Holland Y Holmes Y" Howard Y Hudson N Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein N Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord Y Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C N Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston NPoag
Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson N Royal Y Selman Y Sherrill
N Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil,F" Y Standl.S Y Stanley Y Streat Y Taylor Y Teper
N Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker.J
Y Walker.L Y Wall Y Watson
Y Watts N White Y Wilder
Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 144, nays 23. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 1741 was ordered immediately transmitted to the Senate.

Representative Redding of the 50th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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JOURNAL OF THE HOUSE,

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.

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

HR 1026. By Representatives Cummings of the 17th and Lane of the lllth: A resolution encouraging the conversion of the University System of Georgia to the semester calendar.
Referred to the Committee on University System of Georgia.

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

HB 1739.

By Representatives Dover of the llth, Lee of the 72nd, Kilgore of the 42nd, Coleman of the 118th, Walker of the 115th and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of Georgia taxable net income, so as to provide for the nonrecognition of gain with respect to certain sales or exchanges of a personal residence.

The following substitute, offered by Representative Dover of the llth, et al., was read and adopted:

A BILL To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxation, so as to provide for the nonrecognition of gain with respect to certain sales or exchanges of a personal residence; to provide for certain withholding with respect to pensions, annuities, taxable fringe benefits, interest, and dividends; to provide for such status in the event an employee fails to furnish a withholding certificate or furnishes erro neous information on the withholding exemption certificate; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxation, is amended by striking paragraph (6) of subsection (b) of Code Section 48-7-27, relating to the computation of Georgia taxable net income, and inserting in its place a new paragraph (6) to read as follows: "(6) When, on the sale or exchange of real or tangible personal property located in this state, gain or loss is not recognized because the taxpayer receives or purchases simi lar property, the nonrecognition shall be allowed only when the property is replaced with property located in this state except for the sale or exchange of a personal resi dence in which case the nonrecognition shall apply if the taxpayer purchases another personal residence anywhere in the United States within the time allowed under the applicable provisions of the Internal Revenue Code of 1986." Section 2. Said chapter is further amended by adding a new subsection at the end of Code Section 48-7-101, relating to collection of income tax through withholdings, to be designated subsection (h), to read as follows: "(h) Special withholding requirements. Withholding taxes with respect to pensions, annuities, taxable fringe benefits, interest, and dividends shall be deducted and withheld

FRIDAY, MARCH 6, 1992

2261

under this article in the same manner as required under the Internal Revenue Code of 1986."
Section 3. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 48-7-102, relating to withholding exemption status, and inserting in its place a new paragraph (1) to read as follows:
"(1) On or before the date of the commencement of employment with any employer, the employee shall furnish the employer with a signed withholding certificate in the form prescribed by the commissioner relating to his withholding exemption status and the number of dependency exemptions which the employee claims. No exemption may be claimed to which the employee is not entitled. If the employee fails to furnish such completed certificate or furnishes erroneous information on such certificate to the employer, the employer will withhold as if the exemption status were single and zero until a withholding certificate is received which contains complete or corrected informa tion, as necessary."
Section 4. 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, 1992.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
FloydJ.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Henson Herbert
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein
Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L
Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

2262

JOURNAL OF THE HOUSE,

Representative Ladd 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.

HR 946. By Representatives Barfoot of the 120th, Murphy of the 18th, Godbee of the 110th, Edwards of the 112th, Clark of the 13th and others: A resolution designating the Edward C. Moses 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 106, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 976. By Representative Poag of the 3rd: A resolution designating the Martin Dooley 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 96, nays 4. The Resolution, having received the requisite constitutional majority, was adopted.

HR 978. By Representatives Poag of the 3rd, Mann of the 6th and Griffin of the 6th: A resolution designating the Harry Leon Simpson 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 93, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 881. By Representatives Orr of the 9th, Floyd of the 135th, Walker of the 115th, Groover of the 99th, Holland of the 136th and others: A resolution creating the Walter F. George Tribute Commission.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 2055. By Representatives Hanner of the 131st and Holland of the 136th: A bill to amend an Act creating the board of commissioners of Lee County, so as to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, MARCH 6, 1992

2263

HB 2056. By Representatives Jackson of the 9th and Orr of the 9th: A bill to create the Hall County Water and Sewerage Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2057. By Representatives Cauthorn of the 20th, Aiken of the 21st, Coker of the 21st, Vaughan of the 20th, Atkins of the 21st and others: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions for elections and primaries, so as to provide for inclusion on the ballot the name of the person designated as chief deputy by candidates for clerk of the state court of certain counties.
Referred to the Committee on Governmental Affairs.

HB 2058. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th: A bill to amend an Act creating a Board of Commissioners of Hall County, so as to provide the procedure for filling vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2059. By Representatives Ray of the 98th and Jenkins of the 80th: A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Crawford County, so as to reapportion the commissioner dis tricts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2060. By Representatives Pettit of the 19th and Childers of the 15th: A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Bartow County; to create a chairperson and board of commissioners for Bartow County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities.
Referred to the Committee on State Planning & Community Affairs Local.

HR 1027. By Representatives Murphy of the 18th, Connell of the 87th, Coleman of the 118th, Groover of the 99th, Walker of the 115th and others: A resolution proposing an amendment to the Constitution so as to create the State Revenue Estimate Board and authorize the board to establish and amend an estimate of the funds available for appropriation by the General Assembly.
Referred to the Committee on Appropriations.

HR 1029. By Representative Oliver of the 121st: A resolution designating Coleman's Bridge.
Referred to the Committee on Transportation.

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

2264

JOURNAL OF THE HOUSE,

HB 1324. By Representative Balkcom of the 140th: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide certain require ments for fishing with a bow and arrow; to provide for the taking of fish from public fishing areas; to provide for certain fish for which a license is required.

The following Committee substitute was read and adopted:

A BILL To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide certain requirements for fishing with a bow and arrow; to provide for the taking of fish from certain streams and the public fishing areas; to provide for certain fish for which a license is required; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety paragraph (29) of Code Section 27-1-2, relating to definitions relative to game and fish, and inserting in lieu thereof the following: "(29) 'Fishing' means catching, capturing, taking, or killing fish2 mussels, and all seafood and includes all lesser acts such as attempting to catch, capture, or kill by any device or method and every act of direct assistance to any person in catching or attempting to catch fishz mussels, or seafood." Section 2. Said title is further amended by striking in its entirety paragraph (4) of Code Section 27-4-10, relating to creel and possession limits, and inserting in lieu thereof the following: "(4) Notwithstanding the provisions of paragraph (3) of this Code section to the con trary, from the Ogeechee River, the Oconee River downstream of Sinclair Dam, the Ocmulgee River downstream of Juliette Dam, the Altamaha River, and the Satilla River; ; from the tributaries to such described sections; and from salt water as defined in Code Section 27-4-1
4A-) Fifteen two of any one or a combination of the following species each of which must be 22 inches or longer:
44) (A) White bass; (4i) (B) Striped-white bass hybrids; (B-) T-we striped bass which must be 32 inches longer in length; (C) Striped bass;" Section 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 27-4-11.1, relating to fishing in public fishing areas, and inserting in lieu thereof the following: "(b) It shall be unlawful for any person to fish at any time in any pond or lake on a public fishing area which has been posted 'closed' by the department for purposes of fisheries management or to take any species of fish at any time from any pond or lake on a public fishing area which has been posted with a sign which states that that species may not be taken." Section 4. Said title is further amended by striking in its entirety subsection (c) of Code Section 27-4-11.1, relating to fishing in public fishing areas, which reads as follows: "(c) It shall be unlawful for any person to take in one day or possess at any one time more than the following limits of fish caught from public fishing areas: (1) Twenty-five of any one, or a combination, of the game species of bream or sunfish; (2) Five largemouth bass;

FRIDAY, MARCH 6, 1992

2265

(3) Five channel catfish; provided, however, that the creel and possession limits for the Rum Creek Public Fish ing Area shall be the same as provided in Code Section 27-4-10.", and inserting in lieu thereof the following:
"(c) It shall be unlawful for any person to take in one day or to possess at any one time any number of fish caught from public fishing areas except in compliance with lim its set by rule and regulation of the board, which limits shall not be less than one of a species or more than the maximum limit for that species set forth in Code Section 27-4-10."
Section 5. Said title is further amended by striking in their entireties subsections (n) and (o) of Code Section 27-4-11.1, relating to fishing in public fishing areas, which read as follows:
"(n) At the Arrowhead, Evans County, and Baldwin Forest public fishing areas, it shall be unlawful for any person to fish except on Wednesdays, Saturdays, and Sundays; provided, however, that this prohibition shall not apply to Memorial Day, Independence Day, or Labor Day.
(o) At the Arrowhead, McDuffie, Evans County, and Baldwin Forest public fishing areas, it shall be unlawful for any person:
(1) To fish at any time between November 1 and March 1; (2) To fish unless he has checked in at the department checking station located at the area; (3) If he has fished at the area, to fail or refuse to check out before leaving the area, unless a sign is posted indicating that checkout is unnecessary; or (4) To fish, if he refuses to leave his Georgia fishing license at the checking station upon the request of any authorized personnel of the department." Section 6. Said title is further amended by striking in their entireties subsections (b) and (c) of Code Section 27-4-34, relating to fishing with a bow and arrow, and inserting in lieu thereof, respectively, the following: "(b) Any game fish with an open wound in the possession of a person fishing with a bow and arrow shall be prima-facie evidence of taking and possessing fish illegally. (c) Notwithstanding the provisions of paragraph (5) of subsection (a) of this Code section, if all other requirements of said subsection (a) are met, nongame fish may be taken in impounded waters of Lake Strom Thurmond reservoirs over 500 acres in size by bow and arrow at any time during the day and may be taken at night by the use of a light." Section 7. Said title is further amended by striking in its entirety paragraph (4) of Code Section 27-5-5, relating to wild animals for which a license or permit is required, and inserting in lieu thereof the following: "(4) All exotic fish which are not held in aquaria or tanks, provided that, as used in this Code section, 'aquaria or tanks' means containers for holding fish from which no water is discharged, except during periodic cleaning, and which discharged water is passed through a filtering system capable of removing all fish and fish eggs and is dis posed of only in a septic tank permitted by the county or in a waste-water treatment system permitted by the Environmental Protection Division of the department. For pur poses of this paragraph, exotic fish are all fish species not native to Georgia. This para graph shall not apply to any species of fish regulated by any other chapter of this title;" 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 sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 100, nays 4.

2266

JOURNAL OF THE HOUSE,

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

Representatives Griffin of the 6th and Poag of the 3rd wish to be recorded as voting "nay" on HB 1324.

HB 1967.

By Representatives Coleman of the 118th, Murphy of the 18th, Walker of the 115th and Buck of the 95th:
A bill to amend Code Section 50-17-22 of the Official Code of Georgia Anno tated, relating to the functions of the Georgia State Financing and Invest ment Commission, so as to require the approval of Georgia State Financing and Investment Commission for certain financial and property agreements and arrangements by the state and its agencies and entities.

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

Ahernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YBvrd Y Campbell Y Cantv Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis,G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden
Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcefl Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R 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.

Representative Griffin of the 6th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1324.

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

FRIDAY, MARCH 6, 1992

2267

HOUSE RULES CALENDAR FRIDAY, MARCH 6, 1992

Mr. Speaker and Members of the House:

Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 6, 1992, by adding the following:

HB 1451 HB 1549 HB 1793 HB 1821 HB 1933

Ale beverages; Sunday sales provisions; change pop figures Department of Children and Youth Services; create Capital outlay funds; school construction; base size Executors and trustees; certain investments; authorize State employees; consolidated insurance program; provide

HR 938 Study Committee on Professional Tax Equity; 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 fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1933.

By Representatives Lucas of the 102nd, Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of state officers and employees, so as to authorize the purchase of reinsurance; to amend Article 3 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to employees operating state motor vehicles, so as to provide for insurance on leased vehicles or vehicles on loan from the federal 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:

Ahernathy Y Adams Y Aiken
Y -Word Y Ashe Y Atkins Y Baker
Balkcom Y Barfuot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown

Y Brush Y Buck Y Buckner
Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell
Culbreth Cummings.B Cummings.M Y Davis.D

Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond

Y Manner Harris,B
Y Harris.J
Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane,R E Langford

Y Lawrence Y Lawson Y Lee
Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Milam Y Mills Y Mobley Y Moody Y Morsberger Moultrie Y Mueller Y Oliver.C

2268

JOURNAL OF THE HOUSE,

Oliver.M YOrr
Orrock Y Padgett Y Parham
Parrish Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag

Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Y Redding
Ricketson Y Royal Y Selman

Y Sherrill Y Simpson Y Sinkfield Y Skipper 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 Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti

Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

HB 1821. By Representatives Pinkston of the 100th, Watts of the 41st, Groover of the 99th, Bostick of the 138th and Connell of the 87th: A bill to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments of executors and trustees, and Code Section 53-12-232 of the Official Code of Georgia Annotated, relating to fiduciary powers which may be incorporated by reference, so as to autho rize executors and trustees to invest in the securities of or other interests in certain investment companies or investment trust.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Bates Y Beatty Y Benefield Y Birdsong Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M N Orr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat
Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Wilder Y Williams.B Y Williams,.! Y Williams.R Y Yeargin Murphy, Spkr

FRIDAY, MARCH 6, 1992

2269

On the passage of the Bill, the ayes were 157, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HR 938. By Representative Lane of the 27th: A resolution to create the Study Committee on Professional Tax Equity.

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee Long YLord Y Lucas Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith,! Y Smith,W Y Smyre
Snow Y StanciLF Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R 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.

Representative Mann of the 6th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and adopted:

HR 1028.

By Representatives Hamilton of the 124th, Pelote of the 127th, Merritt of the 123rd, Kingston of the 125th, Dixon of the 128th and others: A resolution commending the Savannah-Chatham County Certified Literate Community Program.

2270

JOURNAL OF THE HOUSE,

Representative Redding of the 50th arose to a point of personal privilege and addressed the House.

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

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

HB 1549.

By Representatives Oliver of the 53rd, Baker of the 51st, Colwell of the 4th, Byrd of the 153rd, Hamilton of the 124th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, so as to repeal a certain definition; to change the provisions relating to certain duties of the Council of Juvenile Court Judges.

The following Committee substitute was read and adopted:

A BILL To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to repeal a certain definition; 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; to change the provisions relating to the dispositional hear ing for a delinquent or unruly child; to change the provisions relating to delinquent chil dren; to change the provisions relating to disposition of a child committing a delinquent act constituting an AIDS transmitting crime; to change the provisions relating to the dis position of an unruly child; to change the provisions relating to designated felony acts; to provide that an order of disposition or other adjudication in a juvenile proceeding shall be held within 30 days of the commission of a criminal offense by a juvenile; to provide that a juvenile court judge shall determine whether a child is handicapped as defined by federal law; to provide that an Individualized Education Program (IEP) report shall be made a part of the dispositional hearing record; to change the provisions relating to limita tions on time on orders of disposition; to change certain provisions relating to the transfer of a child to the Department of Corrections; to change the provisions relating to modifica tion or vacation of orders; to change the provisions relating to expenses charged to coun ties; to change the provisions relating to inspection of court files and records; to change the provisions relating to juvenile law enforcement records; to amend Code Section 17-10-14 of the Official Code of Georgia Annotated, relating to committal of persons under 17 convicted of a felony, so as to change the age at which such person may be transferred to the Department of Corrections; to amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to change the provisions relating to free public instruction; to provide for children under the jurisdiction of the Department of Children and Youth Services; to amend Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to the classification and separation of inmates under the jurisdiction of the Department of Corrections; to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to defini tions applicable to indemnification of police officers, firemen, and prison guards, so as to make technical corrections; to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable under the Peace Officers' Annuity and Bene fit Fund, so as to change the definition of a certain term; to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to create a new Chapter 4A of said title which provides for the Department of Children and Youth Services; to create the Board of Children and Youth Services; to create the position of commissioner of chil dren and youth services; to provide for definitions; to provide for the transfer of facilities

FRIDAY, MARCH 6, 1992

2271

and employees; to provide for rules and regulations and requirements in connection there with; to provide for the authority of the Board of Children and Youth Services and the Department of Children and Youth Services; to require the merit system of the Depart ment of Children and Youth Services to conform to federal standards; to provide for a reorganization of existing and phasing in of new services for at-risk children; to provide for the commitment of a delinquent or unruly child to the Department of Children and Youth Services and for requirements in connection therewith; to make provisions for a child who has previously been adjudged to have committed an act which is a felony; to provide requirements relative to escape from detention centers; to provide for penalties; to provide that the youth development centers under the control of the Department of Children and Youth Services shall constitute a special school district which shall be given the same funding consideration for federal funds that school districts within the state are given; to provide for the administration of the special school district; to provide for com pensation of teachers in the special school district; to provide for applicability; to change certain references to the Division of Youth Services with respect to the merit system of the Department of Human Resources; to change certain definitions; to change the provi sions relating to development and administration of child welfare and youth services; to delete provisions relating to commitment of children and youth to the Department of Human Resources; to change the provisions relating to the powers and duties of the Department of Human Resources; to repeal a provision relating to the commitment of delinquent and unruly children to the Department of Human Resources; to repeal a provi sion relating to escape from a youth detention center; to change certain provisions relating to the transfer of incorrigible children to the Department of Corrections; to provide for the transfer of certain at-risk children to the Department of Corrections; to change the membership of the Children and Youth Coordinating Council; to change certain provisions relating to legislative intent with respect to programs and protection of children; to change the provisions relating to the study of youth needs; to provide that the Department of Children and Youth Services shall be an entity for receiving grants under the United States Department of Justice Delinquency and Prevention Grants; to amend the Official Code of Georgia Annotated to change certain references to the Division of Youth Services of the Department of Human Resources; to provide for other matters relative to the fore going; 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 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, is amended by striking in its entirety para graph (8.1) of Code Section 15-11-2, relating to definitions applicable to said chapter, which reads as follows: "(8.1) 'Incorrigible child' means those young offenders who are under the supervision of the Youth Services Division of the Department of Human Resources and who require a special management approach due to one or more of the following factors:
(A) Heinous nature of the crime committed by the child; (B) Repeated assaultive behavior on the part of the child; or (C) History of escape or escape attempts." Section 2. Said chapter is further amended by striking paragraph (5) of subsection (b) of Code Section 15-11-4, relating to the Council of Juvenile Court Judges, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: "(5) Promulgate in cooperation with the Department of Human Resources Children and Youth Services or any successor department or agency standard procedures for coor dinating state and local probation services throughout the state; and". Section 3. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 15-11-17, relating to when a child may be taken into custody, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) Pursuant to an order of the court under this article, including an order to an employee of the Department of Human Resources Children and Youth Services desig nated in accordance with paragraph (2) of subsection (i) of Code Section 40-6-10

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49-4A-8, to apprehend a child who has escaped from an institution or facility operated by the department Department of Children and Youth Services or a child who has been placed under supervision and who has broken the conditions thereof;".
Section 4. Said chapter is further amended by striking subsection (g) of Code Sec tion 15-11-20, relating to places of detention, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) All facilities that detain juveniles for pretrial detention shall maintain the fol lowing data on each child detained:
(1) Name; (2) Date of birth;
(3) Sex;
(4) Race; (5) Offense(s) for which being detained; (6) Date of and authority for confinement; (7) Date of and authority for release or transfer; and (8) Where transferred or to whom released. Such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juve nile court jurisdiction, by the Department ef Human Resources, by the Department of Children and Youth Services, and by the Georgia Council of Juvenile Court Judges."
Section 5. Said chapter is further amended by striking subsection (c) of Code Section 15-11-33, relating to findings of court and disposition generally, in its entirety and insert ing in lieu thereof a new subsection (c) to read as follows:
"(c) Dispositional hearing for delinquent or unruly child. If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which he is alleged to be delinquent or unruly, it shall proceed immediately or at a later time to conduct a dispositional hearing for the purpose of hearing evidence as to whether the child is in need of treatment, rehabilitation, or supervision and shall make and file its findings thereon. If the child is to be held in custody at a detention facility between the adjudicatory hearing and the dispositional hearing, the court shall conduct the disposi tional hearing within 30 days of the adjudicatory hearing. If the dispositional hearing is conducted more than 30 days after the adjudicatory hearing, the court shall make and file written findings of fact explaining the need for the delay. In the absence of evidence to the contrary, evidence sufficient to warrant a finding that acts have been committed which constitute a felony is also sufficient to sustain a finding that the child is in need of treatment or rehabilitation. If the court finds that the child is not in need of treat ment, rehabilitation, or supervision, it shall dismiss the proceeding and discharge the child from any detention or other restriction theretofore ordered."
Section 6. Said chapter is further amended by striking paragraphs (4) and (5) of sub section (a) of Code Section 15-11-35, relating to the disposition of a delinquent child, in its entirety and inserting in lieu thereof new paragraphs (4) and (5) to read as follows:
"(4) An order committing the child to the Department of Human Resources Children and Youth Services;
(5) An order requiring that the child make such restitution as defined in paragraph (7) of Code Section 17-14-2. Such order may remain in force and effect simultaneously with any other order of the court, including, but not limited to, an order of commitment to the Division Department of Children and Youth Services. While an order requiring restitution is in effect, the enforcement thereof may be transferred to the Division Department of Children and Youth Services. In the event that the child changes his place of residence while the order is still in effect, the court may transfer enforcement of its order to the juvenile court of the county of the child's residence and its probation staff; however, no order of restitution shall be enforced while such child is in placement at a youth development center unless the director ef th Division ef- Youth Services commissioner of children and youth services certifies that a restitution program is avail able at such facility. Payment of funds under this paragraph shall be made by the child

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or his or her family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and that court shall disburse such funds in the manner authorized in the order;".
Section 7. Said chapter is further amended by striking Code Section 15-11-35.1, relating to the disposition of a child committing a delinquent act constituting an AIDS transmitting crime, in its entirety and inserting in lieu thereof a new Code Section 15-11-35.1 to read as follows:
"15-11-35.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, as such officer is provided for in Code Section 31-3-15, order that child to submit to an HIV test within 45 days following the adjudication of delinquency and shall mail the Department of Human Resources Children and Youth Services a copy of such order within three days following the issuance thereof.
(c) The Department of Human Rcsoufcca Children and Youth Services, within 30 days following receipt of the copy of order under subsection (b) of this Code section, shall arrange for the HIV test for the child ordered to submit thereto.
(d) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to:
(1) The Department of Human Resources Children and Youth Services and the Department of Human Resources, the latter of which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Human Resources Children and Youth Services believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of the Department ef Human Resources children and youth services reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted." Section 8. Said chapter is further amended by striking Code Section 15-11-36, relat ing to the disposition of an unruly child, in its entirety and inserting in lieu thereof a new Code Section 15-11-36 to read as follows: "15-11-36. If the child is found to be unruly, the court may make any disposition authorized for a delinquent child except that, if commitment to the Department of Human Resources Children and Youth Services is ordered, the court shall first find that the child is not amenable to treatment or rehabilitation pursuant to paragraph (1), (2), or (3) of subsection (a) of Code Section 15-11-35." Section 9. Said chapter is further amended by striking subsection (a) of Code Sec tion 15-11-37, relating to designated felony acts, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) As used in this Code section, the term: (1) 'A carefully arranged and monitored home visit' means a home visit during which a youth is monitored by appropriate personnel of the Division Department of Children and Youth Services designated pursuant to regulations of the director ef the division commissioner of children and youth services.

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(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 juve nile 13 or more years of age;
(C) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age; or
^1J) Durglary, tr done Dy ft juvenile it? er more years e age wno nas previously been adjudicated delinquent at separate court appearances fer an act which, tf done by an adult, would have been the crime ef burglary; er
4E) (D) 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. (3) 'Intensive supervision' means the monitoring of a youth's activities on a more frequent basis than regular aftercare supervision, pursuant to regulations of the directer ef the division commissioner of children and youth services." Section 10. Said chapter is further amended by striking subsection (d) of Code Sec tion 15-11-37, relating to designated felony acts, in its entirety 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 desig nated felony act in which; ft) the juvenile inflicted serious physical injury upon another person who is 62 years of age or more; er (3) th juvenile is found te have committed
an adult and has twe er more times previously been found te be delinquent because ef commission ef an act which would hove constituted th crime ef burglary if- done by a
UU J.U,1l4L. . "
Section 11. Said chapter is further amended by striking subsections (e) and (g) of Code Section 15-11-37, relating to designated felony acts, in their entirety and inserting in lieu thereof new subsections (e) and (g), respectively, to read as follows:
"(e) When the order is for restrictive custody in the case of a youth found to have committed a designated felony act:
(1) The order shall provide that: (A) The juvenile shall be placed in the custody of the Division Department of
Children and Youth Services for an initial period of five years; (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 ini tially be confined in a youth development center for 18 months;
(C) After the period set under subparagraph (B) of this paragraph, the juvenile shall be placed under intensive supervision for a period of 12 months; and
(D) The juvenile may not be released from a youth development center or trans ferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph nor may the juvenile be released from intensive supervision during the period provided in subparagraph (C) of this paragraph, unless by court order. No home visits shall be permitted during the first six-month period of confinement in a youth development center unless authorized by the court except for emergency visits for medical treatment or severe illness or death in the family. All home visits must be carefully arranged and monitored while a youth is confined in a youth development center, whether such confinement is pursuant to a court order or oth erwise;

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(2) During the placement or any extension thereof: (A) After the expiration of the period provided in subparagraph (C) of para
graph (1) of this subsection, the juvenile shall not be released from intensive super vision without the written approval of the director ef- the Division ef- Youth Services commissioner of children and youth services or his designated deputy;
(B) While in a youth development center, the juvenile may be permitted to par ticipate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confine ment in the youth development center. After the first six months of confinement in a youth development center, a juvenile may be eligible to participate in youth development center sponsored programs including community work programs; and
under th Division ef- Rehabilitation Services and Division ef Mental Health, Mental Retardation, and Substance Abuse, afld under the general supervision of a youth development center staff at special planned activities outside of the youth develop ment center; and, in cooperation and coordination with the Department of Human Resources, the juvenile may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services and Divi sion of Mental Health, Mental Retardation, and Substance Abuse;
(C) The juvenile shall not be discharged from the custody of the division Department of Children and Youth Services unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and
(D) Unless otherwise specified in the order, the division Department of Children and Youth Services shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the juve nile; and (3) Upon the expiration of the initial period of placement in a youth development center, or any extension thereof, the placement may be extended on motion by the division Department of Children and Youth Services, after a dispositional hearing, for an additional period of 12 months, provided that no initial placement or extension of custody under this Code section may continue beyond the juvenile's twenty-first birth day." "(g) The division Department of Children and Youth Services shall retain the power to continue the confinement of the youth in a youth development center or other pro gram beyond the periods specified by the court within the term of the order." Section 12. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 15-11-38, relating to the nature and effect of adjudication, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) A child shall not be committed to a penal institution or other facility used pri marily for the execution of sentences of persons convicted of a crime; provided, however, this subsection shall not be construed as prohibiting the transfer of a child from the cus tody of the Department of Human Resources Children and Youth Services to the cus tody of the Department of Corrections as provided in subparagraph (a)(6)(D) ef- Code Section 49-6-7 ef Code Section 49-5-10.1." Section 13. Said chapter is further amended by striking in its entirety Code Sec tion 15-11-40, relating to the disposition of a mentally ill or mentally retarded child, and inserting in lieu thereof a new Code Section 15-11-40 to read as follows: "15-11-40. (a) Study and report. If, at any time, the evidence indicates that a child may be suffering from mental retardation or mental illness, the court may commit the child to an appropriate institution, agency, or individual for study and report on the child's mental condition. (b) Determination of disability. The juvenile court judge shall determine whether a child has been determined to be handicapped as defined in 20 U.S.C. Sections 1401(a)(l) and 1401(a)(15). If there is an Individualized Education Program (IEP) as defined in 20 U.S.C. Section 1401(a)(20), it shall be made a part of the dispositional hearing record.

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fb) (c) Commitment. If it appears from the study and report undertaken pursuant to subsection (a) of this Code section that the child is committable under the laws of this state as a mentally retarded or mentally ill child, the court shall order the child detained and shall proceed within ten days to commit the child to the Division of Men tal Health, Mental Retardation, and Substance Abuse of the Department of Human Resources.
{e} (d) Other disposition or transfer. If the child is found not to be committable, the court shall proceed to the disposition or transfer of the child as otherwise provided by this article."
Section 14. Said chapter is further amended by striking subsection (a) of Code Sec tion 15-11-41, relating to limitations on time on orders of disposition, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided by law, an order of disposition committing a delin quent or unruly child to the Division Department of Children and Youth Services con tinues in force for two years or until the child is sooner discharged by the Division Department of Children and 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 Department of Children and 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." Section 15. Said chapter is further amended by striking subsection (b) of Code Sec tion 15-11-42, relating to modification or vacation of orders, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interest of the child, except an order committing a delinquent child to the Division Department of Children and Youth Ser vices, after the child has been transferred to the physical custody of the Division Department of Children and Youth Services, or an order of dismissal. An order granting probation to a child found to be delinquent or unruly may be revoked on the ground that the conditions of probation have not been observed." Section 16. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 15-11-56, relating to expenses charged to counties, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) The cost of care and support of a child committed by the court to the legal cus tody of an individual or a public or private agency other than the Department of Human Resources Children and Youth Services, but the court may order supplemental pay ments, if such are necessary or desirable;". Section 17. Said chapter is further amended by striking in its entirety Code Section 15-11-58, relating to inspection of court files and records, and inserting in lieu thereof a new Code Section 15-11-58 to read as follows: "15-11-58. Except in cases arising under Code Section 15-11-49, and subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recog nized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those condi tions. The judge shall permit authorized representatives of the Department of Ifea Resources Children and Youth Services, the Department of Corrections, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records

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for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court."
Section 18. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 15-11-59, relating to juvenile law enforcement records, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The court shall allow authorized representatives of the Department of Hwmm Resources Children and Youth Services, the Department of Corrections, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on juveniles."
Section 19. Code Section 17-10-14 of the Official Code of Georgia Annotated, relat ing to committal of persons under 17 convicted of a felony, is amended by striking subsec tion (a) and inserting in lieu thereof the following:
"(a) Notwithstanding any other provisions of this article and except as otherwise provided in subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Division ef etrti Services el the Department of Human Reaoufees Department of Children and Youth Services to serve such sentence in a detention center of such division department until such person is 48 17 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code sec tion shall apply to any person convicted on or after July 1, 1987, and to any person con victed prior to such date who has not been committed to an institution operated by the Department of Corrections,"
Section 20. Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, known as the "Quality Basic Education Act," is amended by striking in its entirety Code Section 20-2-133, relating to free public instruction, and inserting in lieu thereof a new Code Section 20-2-133 to read as follows:
"20-2-133. (a) Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; pro vided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local fair share funds required pursuant to Code Section 20-2-164; provided, further, that no child placed by the Department of Children and Youth Services or the Department of Human Resources or any of its divisions in a facility by or under contract with the Department of Children and Youth Services or the Department of Human Resources who remains in that facility for more than 60 continuous days and no child who is a patient in a facility licensed by this state to deliver intermediate care for the mentally retarded who remains in that facility for more than 60 continuous days as described in paragraph (1) of subsection (b) of this Code section and no child who is in the physical custody of the Department of Children and Youth Services or the Department of Human Resources or any of its divi sions pursuant to a court order granting temporary or permanent custody as described in paragraph (2) of subsection (b) of this Code section shall be charged tuition, fees, or a combination thereof, A local school system is further authorized to contract with a nonresident student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the con tract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students.

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(b) (1) Except for a child who is in the physical custody of the Department of Chil dren and Youth Services or the Department of Human Resources or any of its divi sions and who receives services from a local unit of administration pursuant to paragraph (2) of this subsection, any child placed by the Department of Children and Youth Services or the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Children and Youth Services or the Department of Human Resources who remains in that facility for more than 60 continuous days and any child who is a patient in a facility licensed by the State of Georgia to deliver intermediate care for the mentally retarded and which fol lows the federal regulations for intermediate care for the mentally retarded, who has been determined as appropriate for that level of care by the Department of Medical Assistance or its designee, who has been admitted to such facility after evaluation and recommendation by developmental service teams of the Department of Human Resources, and who remains in that facility for more than 60 continuous days shall be treated by the local unit of administration of the school district in which the facil ity is located as eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility require ments established by this article. The local unit of administration of the school dis trict in which these facilities are located is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children remain in such facilities. However, except as provided in this paragraph, placement in such a facility by the parent or by another local unit of administration shall not create such responsibility.
(2) Any child, except a child in a youth development center as specifically pro vided in this paragraph, who is in the physical custody of the Department of Children and Youth Services or the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational pro grams of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these children are present is responsible for the provi sion of all educational programs, including special education and related services, free of charge to these children as long as the children are physically present in the school district. No child will be considered in the physical custody of the Department of Children and Youth Services or the Department of Human Resources or any of its divisions unless custody has been awarded, either temporarily or permanently, by court order. No child in a youth development center, regardless of his custody status, shall be eligible for enrollment in the educational programs of the local unit of admin istration of the school district in which that youth development center is located. No child or youth in the custody of the Department of Corrections or the Department of Human Resources Children and Youth Services and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held.
(3) (A) For any child described in paragraph (1) of this subsection, the custodian of the child shall notify the appropriate local unit of administration when the child remains in a facility operated by or under contract with the Department of Children and Youth Services or the Department of Human Resources or in a facility licensed to provide intermediate care for the mentally retarded for more than 30 continuous days and is anticipated to remain in the facility for more than a total of 60 continu ous days.
(B) For any child described in paragraph (2) of this subsection, the custodian of the child shall notify the appropriate local unit of administration at least five days in advance of the move when the child is to be moved from one local unit of admin istration to another. (4) When the custodian of any child notifies a local unit of administration, as pro vided in paragraph (3) of this subsection, that the child may become eligible for

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enrollment in the educational programs of a local unit of administration, the custodian of the records of that child shall transfer the educational records and Individualized Education Programs (lEP's) and all education related evaluations, assessments, social histories, and observations to the appropriate local unit of administration. Notwith standing any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational ser vices to a child described in paragraph (1) or (2) of this subsection, the Department of Children and Youth Services or the Department of Human Resources shall furnish to the local unit of administration all medical and educational records in the posses sion of the Department of Children and Youth Services or the Department of Human Resources pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Children and Youth Services or the Department of Human Resources shall obtain such consent from the parent or guardian prior to such release.
(5) Any local unit of administration which serves a child pursuant to paragraphs (1) and (2) of this subsection shall receive in the form of annual grants in state fund ing for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. These grants will be determined and made pursuant to reg ulations adopted by the State Board of Education.
(6) If any child described in paragraphs (1) and (2) of this subsection is unable to leave the Department of Human Resources facility or the facility licensed to provide intermediate care for the mentally retarded to receive educational services as deter mined by the local school system responsible for educational services and the Depart ment of Human Resources, then the local school system shall not be responsible for providing any educational services to such child.
(7) The Department of Education, the Department of Human Resources, the Department of Children and Youth Services, and the local units of administration where Department of Children and Youth Services or Department of Human Resources facilities or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical custody of the Department of Children and Youth Services or the Department of Human Resources." Section 21. Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to the classification and separation of inmates under the jurisdiction of the Department of Corrections, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The department may establish separate correctional or similar institutions for the separation and care of juvenile offenders. The commissioner may transfer any juve nile under 18 17 years of age from the penal institution in which he is serving to the Department of Human Resources Children and Youth Services, provided that the trans fer is approved thereby. The juvenile may be returned to the custody of the commis sioner when the Division ef Youth Services program director commissioner of children and youth services determines that the juvenile is unsuited to be dealt with therein." Section 22. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to indemnification of law enforcement officers, firemen, and prison guards, is amended by striking paragraph (6) of said Code section in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: "(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation

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of crime. Such term also includes the employees designated by the commissioner of human resources children and youth services of the Department of Children and Youth Services pursuant to paragraph (2) of subsection (i) of Code Section 49-6-10 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources Children and Youth Services or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28, 46-7-70, and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials."
Section 23. Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable under the Peace Officers' Annuity and Benefit Fund, is amended by striking in its entirety subparagraph (I) of paragraph (5) and inserting in lieu thereof a new subparagraph (I) to read as follows:
"(I) Persons in the categories listed below who are required, as a condition necessary to carry out their duties, to be certified as peace officers pursuant to the provisions of Chapter 8 of Title 35, known as the 'Georgia Peace Officers Standards and Training Act':
(i) Persons employed by the Department ef Human Resources Department of Children and Youth Services who have been designated by the commissioner of human resources children and youth services to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken their conditions of supervision; and
(ii) Narcotics agents retained by the director of the Georgia Bureau of Investiga tion pursuant to the provisions of Code Section 35-3-9." Section 24. Title 49 of the Official Code of Georgia Annotated, relating to social ser vices, is amended by adding between Chapters 4 and 5 a new Chapter 4A to read as fol lows:
"CHAPTER 4A 49-4A-1. As used in this chapter, the term:
(1) 'Board' means the Board of Human Resources prior to July 1, 1992, and means the Board of Children and Youth Services on and after July 1, 1992.
(2) 'Delinquent or unruly child or youth' means any person so adjudged under Article 1 of Chapter 11 of Title 15.
(3) 'Department' means the Department of Children and Youth Services. (4) 'Commissioner' means the commissioner of children and youth services. 49-4A-2. (a) (1) On and after July 1, 1992, there is created a Board of Children and Youth Services which shall establish the general policy to be followed by the Department of Children and Youth Services created in this chapter. The board shall consist of 15 members, with at least one but not more than two from each congres sional district in the state, appointed by the Governor and confirmed by the Senate. The Governor shall make such appointments with a view toward achieving minority representation, representation of women, and equitable geographic representation on the board. (2) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; three members shall be appointed for three years; and three members shall be appointed for four years; and three members shall be appointed for five years. Thereafter, all succeeding appointments shall be for five-year terms from the expiration of the previous term. (3) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term.

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(4) There shall be a chairman of the board, elected by and from the membership of the board, who shall be the presiding officer of the board.
(5) The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards. (c) On and after July 1, 1992, the policy-making functions formerly held by the Board of Human Resources pertaining to the Division of Youth Services are vested in the Board of Children and Youth Services. The board shall provide leadership in devel oping programs to successfully rehabilitate juvenile delinquents and unruly children committed to the state's custody and to provide technical assistance to private and pub lic entities for prevention programs for children at risk. (d) The board shall perform duties required of it by this chapter and shall, in addi tion thereto, be responsible for promulgation of all rules and regulations not in conflict with this chapter that may be necessary and appropriate to the administration of the department, to the accomplishment of the purposes of this chapter, and to the perform ance of the duties and functions of the department as set forth in this chapter. (e) The board shall establish rules and regulations for the government, operation, and maintenance of all training schools, facilities, and institutions now or hereafter under the jurisdiction and control of the department, bearing in mind at all times that the purpose for existence and operation of such schools, facilities, and institutions and all activities carried on therein shall be to carry out the rehabilitative program provided for by this chapter and to restore and build up the self-respect and self-reliance of chil dren and youths lodged therein so as to qualify and equip them for good citizenship and honorable employment. 49-4A-3. (a) There is created the Department of Children and Youth Services and the position of commissioner of children and youth services. The commissioner shall be the chief administrative officer of the Department of Children and Youth Services and shall be both appointed and removed by the board, subject to the approval of the Gov ernor. The commissioner of human resources may not also serve as the commissioner of children and youth services. Subject to the general policy and rules and regulations of the board, the commissioner of children and youth services shall supervise, direct, account for, organize, plan, administer, and execute the functions of the Department of Children and Youth Services. To assist in the transition of functions, until July 1, 1993, the Department of Human Resources shall perform payroll, accounting, purchasing ser vices, and other general support services on behalf of the Department of Children and Youth Services. (b) The department shall provide for supervision, detention, and rehabilitation of juvenile delinquents committed to the state's custody. The department shall also be authorized to operate prevention programs and to provide assistance to local public and private entities with prevention programs for juveniles at risk. Additionally, the depart ment will be authorized to provide for specialized treatment for juvenile offenders, in lieu of commitment, who have been found to be sex offenders or drug abusers and who may have behavior disorders. The department shall perform a reorganization and inte gration of the existing and a phasing in of new services for at-risk children, youth, and families. The department's organization, operation, and implementation shall be based on the following:
(1) Development of a comprehensive continuum of service options through flexible funding to allow providers to respond to the unique needs and capabilities of individ ual children and families;
(2) Services implemented so that each child and family served can have a personal relationship with staff, providers, and workers, which staff, providers, and workers shall be trained and treated as professionals, have a range of multidisciplinary skills, and have manageable caseloads;
(3) Services shall be community centered and responsive to local needs with state and local and public and private entities forming cooperative partnerships that enhance informal support systems for families;
(4) Systems that are accountable, with desired outcomes specified, results mea sured and evaluated, and cost-efficient options maximized;

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(5) Intersystem communication and collaboration that are encouraged and facili tated through coordination of systems so that gaps and unnecessary duplications in planning, funding, and providing services are eliminated;
(6) The department shall be consumer driven and responsive to the changing needs of individual communities; and
(7) The department shall encourage the central location of various services when ever possible. 49-4A-4. It is the purpose of this chapter to transfer juvenile detention facilities from the Department of Human Resources to the Department of Children and Youth Services and to establish the department as the agency to administer, supervise, and manage such juvenile detention facilities in the place of and as the successor agency to the Divi sion of Youth Services of the Department of Human Resources. Except for the purposes of administration, supervision, and management as provided in this chapter, juvenile detention facilities shall continue to be detention care facilities for delinquent and unruly children and youth for the purposes of Article 1 of Chapter 11 of Title 15, relat ing to juvenile courts and juvenile proceedings. 49-4A-5. (a) Effective on July 1, 1992, the department shall carry out all functions and exercise all powers formerly held by the Division of Youth Services of the Depart ment of Human Resources relating to the administration, supervision, and management of juvenile detention facilities, including youth development centers, and on that date, jurisdiction over said youth development centers and other juvenile detention facilities is transferred to the department. (b) All persons employed in the Division of Youth Services of the Department of Human Resources on June 30, 1992, shall, on July 1, 1992, become employees of the Department of Children and Youth Services. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 1992, but con sistent with the compensation and benefits of other employees of the department hold ing positions substantially the same as the transferred employees, the compensation and benefits of such transferred employees shall not be reduced. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to the Department of Children and Youth Services shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on July 1, 1992, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1992. Accrued annual and sick leave possessed by said employees on June 30, 1992, shall be retained by said employees as employees of the department. (c) (1) The department shall conform to federal standards for a merit system of personnel administration in the respects necessary for receiving federal grants and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards.
(2) The department is authorized to employ, on a full or part-time basis, such medical, psychiatric, social work, supervisory, institutional, and other professional per sonnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary.
(3) Classified employees of the department under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration.
(4) All personnel of the department are authorized to be members of the Employ ees' Retirement System of Georgia created in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel trans ferred by provisions of this chapter to the department, or otherwise had by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department.

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49-4A-6. (a) The board shall adopt rules and regulations for the government, opera tion, administration, and maintenance of youth development centers and other juvenile detention facilities by the department and may also adopt such other rules and regula tions for the government and operation of the department as the board may deem neces sary consistent with the provisions of this chapter.
(b) Rules and regulations adopted by the board under subsection (a) of this Code section shall recognize that a primary purpose of youth development centers and other juvenile detention facilities is to carry out rehabilitative programs to the end that chil dren and youth housed in said centers shall develop their self-respect and self-reliance and acquire the necessary knowledge and skills to become good citizens who are quali fied for honorable employment.
49-4A-7. (a) The department shall be authorized to: (1) Accept for detention in a youth development center or other juvenile detention
facility any child who is committed to the department under Article 1 of Chapter 11 of Title 15; and
(2) Provide probation and parole and other court services for children and youth pursuant to a request from a court under Article 1 of Chapter 11 of Title 15. (b) When given legal custody over a child or youth for detention in a youth develop ment center or other facility under court order under Article 1 of Chapter 11 of Title 15, the department shall have:
(1) The right of physical possession of the child or youth; (2) The right and duty to protect, train, and discipline the child or youth; (3) The responsibility to provide the child or youth with food, clothing, shelter, and education; (4) The right to determine in which facility the child or youth shall live; and (5) The right and duty to provide or obtain for a child or youth medical, hospital, psychiatric, surgical, or dental care or services as may be considered appropriate and necessary by competent medical authority without securing prior consent of parents or legal guardians. 49-4A-8. (a) When any child or youth is adjudged to be in a state of delinquency or unruliness under Article 1 of Chapter 11 of Title 15 and the court does not release such child or youth unconditionally or place him or her on probation or in a suitable public or private institution or agency, the court may commit him to the department as provided in said Article 1 of Chapter 11 of Title 15; provided, however, that no delin quent or unruly child or youth shall be committed to the department until the depart ment certifies to the Governor that it has facilities available and personnel ready to assume responsibility for delinquent or unruly children and youths. (b) When the court commits a delinquent or unruly child to the department, it may order the child conveyed forthwith to any facility designated by the department or direct that the child be left at liberty until otherwise ordered by the department under such conditions as will ensure his availability and submission to any orders of the department. If such delinquent or unruly child is ordered conveyed to the department, the court shall assign an officer or other suitable person to convey such child to any facility designated by the department, provided that the person assigned to convey a girl must be a female. The cost of conveying such child committed to the department to the facility designated by the department shall be paid by the county from which such child is committed, provided that no compensation shall be allowed beyond the actual and necessary expenses of the party conveying and the child conveyed. (c) When a court commits a delinquent or unruly child to the department, the court shall at once forward to the department a certified copy of the order of commitment and the court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all perti nent information in their possession with respect to the case. Such reports shall, if the department so requests, be made upon forms furnished by the department or according to an outline provided by the department. (d) (1) When a delinquent or unruly child has been committed to the department, the department shall, under rules and regulations established by the board, forthwith

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examine and study the child and investigate all pertinent circumstances of his life and behavior. The department shall make periodic reexaminations of all delinquent or unruly children within its control, except those on release under supervision of the department. Such reexaminations may be made as frequently as the department con siders desirable and shall be made with respect to every child at intervals not exceed ing one year. Failure of the department to examine a delinquent or unruly child committed to it or to reexamine him within one year of a previous examination shall not of itself entitle the child to discharge from control of the department but shall entitle the child to petition the committing court for an order of discharge; and the court shall discharge him unless the department, upon due notice, satisfies the court of the necessity of further control.
(2) The department shall keep written records of all examinations and reexamina tions, of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent or unruly child subject to its control. Records as may be maintained by the department with respect to a delinquent or unruly child com mitted to the department shall not be public records but shall be privileged records and may be disclosed by direction of the commissioner pursuant to federal law in regard to disseminating juvenile criminal history records only to those persons having a legitimate interest therein; provided, however, that the commissioner shall permit the Council of Juvenile Court Judges to inspect and copy such records for the pur poses of obtaining statistics on juveniles. (e) When a delinquent or unruly child has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for his care and treatment has been completed, the department may:
(1) Permit him his liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior;
(2) Order his confinement under such conditions as the department may believe best designed to serve his welfare and as may be in the best interest of the public;
(3) Order reconfinement or renewed release as often as conditions indicate to be desirable;
(4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or
(5) Discharge him from control of the department when it is satisfied that such discharge will best serve his welfare and the protection of the public. (f) As a means of correcting the socially harmful tendencies of a delinquent or unruly child committed to it, the department may:
(1) Require participation by him in moral, academic, vocational, physical, and cor rectional training and activities;
(2) Require such modes of life and conduct as may seem best adapted to fit and equip him for return to full liberty without danger to the public;
(3) Provide such medical, psychiatric, or casework treatment as is necessary; or (4) Place him, if physically fit, in a park, maintenance camp, or forestry camp or on a ranch owned by the state or by the United States and require any child so housed to perform suitable conservation and maintenance work, provided that the children shall not be exploited and that the dominant purpose of such activities shall be to benefit and rehabilitate the children rather than to make the camps self-sustain ing, (g) When funds are available, the department may: (1) Establish and operate places for detention and diagnosis of all delinquent or unruly children committed to it; (2) Establish and operate additional treatment and training facilities, including parks, forestry camps, maintenance camps, ranches, and group residences necessary to classify and handle juvenile delinquents of different ages and habits and different mental and physical conditions, according to their needs; and (3) Establish parole or aftercare supervision to aid children given conditional release to find homes and employment and otherwise to assist them to become rees tablished in the community and to lead socially acceptable lives.

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(h) Whenever the department finds that any delinquent or unruly child committed to the department is mentally ill or mentally retarded, the department shall have the power to return such delinquent or unruly child to the court of original jurisdiction for appropriate disposition by that court or may, if it so desires, request the court having jurisdiction in the county in which the youth development center or other facility is located to take such action as the condition of the child may require,
(i) (1) A child who has been committed to the department as a delinquent or unruly child for detention in a youth development center or who has been otherwise taken into custody and who has escaped therefrom or who has been placed under supervision and broken the conditions thereof may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole officer, or any other officer of this state authorized to serve criminal process, upon a written request made by an employee of the department having knowledge of the escape or of the violation of conditions of supervision. Before a child may be taken into custody for violation of the conditions of supervision, the written request men tioned above must be reviewed by the commissioner or his designee. If the commis sioner or his designee finds that probable cause exists to believe that the child has violated his conditions of supervision, he may issue an order directing that the child be picked up and returned to custody.
(2) The commissioner may designate one or more employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or who have broken the conditions of supervision; provided, how ever, that employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate and apprehend such children and to arrest any person physically interfering with the proper apprehension of such children. Such employee shall be authorized to carry weapons, upon written approval of the commis sioner, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. Any employee designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certified under that chapter.
(3) For the purposes of investigation of delinquent or unruly children who have escaped from institutions or facilities of the department or of delinquent or unruly children who are alleged to have broken the conditions of supervision, the department is empowered and authorized to request and receive from the Georgia Crime Informa tion Center, established by Chapter 3 of Title 35, any information in the files of the Georgia Crime Information Center which will aid in the apprehension of such children.
(4) An employee designated pursuant to paragraph (2) of this subsection may take a child into custody without a warrant upon personal knowledge or written request of a person having knowledge of the escape or violation of conditions of supervision, or a child may be taken into custody pursuant to Code Section 15-11-17. When taking a child into custody pursuant to this paragraph, a designated employee of the depart ment shall have the power to use all force reasonably necessary to take the child into custody.
(5) The child shall be kept in custody in a suitable place designated by the depart ment and there detained until such child may be returned to the custody of the department.
(6) Such taking into custody shall not be termed an arrest; provided, however, that any person taking a child into custody pursuant to this subsection shall have the same immunity from civil and criminal liability as a peace officer making an arrest pursuant to a valid warrant. (j) The department shall ensure that each delinquent or unruly child it releases under supervision or otherwise has suitable clothing, transportation to his home or to the county in which a suitable home or employment has been found for him, and such an amount of money as the rules and regulations of the board may authorize. The expenditure for clothing and for transportation and the payment of money to a delin quent or unruly child released may be made from funds for support and maintenance

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appropriated by the General Assembly to the department or to the institution from which such child is released or from local funds.
(k) Every child committed to the department as delinquent or unruly, if not already discharged, shall be discharged from custody of the department when he reaches his twenty-first birthday.
(1) Commitment of a delinquent or unruly child to the custody of the department shall not operate to disqualify such child in any future examination, appointment, or application for public service under the government either of the state or of any political subdivision thereof.
(m) A commitment to the department shall not be received in evidence or used in any way in any proceedings in any court, except in subsequent proceedings for delin quency or unruliness involving the same child and except in imposing sentence in any criminal proceeding against the same person.
(n) The department shall conduct a continuing inquiry into the effectiveness of treatment methods it employs in seeking the rehabilitation of maladjusted children. To this end, the department shall maintain a statistical record of arrests and commitments of its wards subsequent to their discharge from the jurisdiction and control of the department and shall tabulate, analyze, and publish annually these data so that they may be used to evaluate the relative merits of methods of treatment. The department shall cooperate with courts and public and private agencies in the collection of statistics and information regarding juvenile delinquency; arrests made; complaints, informations, and petitions filed; the disposition made thereof; and other information useful in deter mining the amount and causes of juvenile delinquency in this state. In order to facilitate the collection of such information, the department shall be authorized to inspect and copy all records of the court and law enforcement agencies pertaining to juveniles.
(o) When a child who is committed to the department is under court order to make certain restitution as a part of his treatment by the court, the requirement that the res titution be paid in full shall not cease with the order of commitment. The provision of the order requiring restitution shall remain in force and effect during the period of com mitment and the department is empowered to enforce said restitution requirement and to direct that payment of funds or notification of service completed be made to the clerk of the juvenile court or another employee of that court designated by the judge.
49-4A-9. (a) Any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occa sion, is convicted of a felony in a superior court may, in the discretion of the court, be sentenced into the custody of the department as otherwise provided by law or be com mitted as a youthful offender as authorized in Chapter 7 of Title 42; provided, further, that any child convicted of a felony punishable by death or by confinement for life shall only be sentenced into the custody of the Department of Corrections.
(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any juvenile committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or his designated representative.
(c) After the expiration of one year from the date of commitment, the committing court shall review the case and make such order with respect to the continued confine ment or release of the child back to the committing court for further disposition as the court deems proper.
(d) In the event adequate facilities are not available, the department shall have the right to transfer youths committed to the department under this Code section to the

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Department of Corrections for incarceration in an appropriate facility designated by the Department of Corrections.
(e) Any child under 17 years of age who is sentenced in the superior court and com mitted to the department may be eligible to participate in all youth development center programs and services including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Division of Rehabilita tion Services and the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources, and under the general supervision of youth development center staff at special planned activities outside of the youth devel opment center. When such a child sentenced in the superior court is approaching his seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information con cerning the participation and progress of the child in programs described in this subsec tion. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law.
49-4A-10. Whenever any child shall escape from any youth detention center, the department shall file a petition in the court having jurisdiction and, upon conviction, he or she shall be committed for an additional 12 months in a youth detention center under the jurisdiction of the department or to another institution under the Department of Corrections.
49-4A-11. (a) Any person who shall knowingly aid, assist, or encourage any child or youth who has been committed to the department to escape or to attempt to escape its control or custody shall be guilty of a misdemeanor.
(b) Any person who shall knowingly harbor, shelter, entertain, or encourage any child or youth who has escaped the lawful custody or control of the department shall be guilty of a misdemeanor.
(c) Any person who shall knowingly hinder the apprehension of any child under the lawful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision and is alleged to have broken the conditions thereof shall be guilty of a misdemeanor.
49-4A-12. (a) The Department of Children and Youth Services shall be a special school district which shall be given the same funding consideration for federal funds that school districts within the state are given.
(b) The schools within the department shall be under the control of the commis sioner who shall serve as the superintendent of schools for such district. The Board of Children and Youth Services shall serve as the board of education for such district.
(c) (1) The schools shall meet the requirements of the law for public schools and rules and regulations of the State Board of Education. It is the intent of this Code section to fund educational services and programs in this special school district so that youth served therein shall receive the same quality and content of educational services as provided to youth in school districts within the state.
(2) The State School Superintendent may grant waivers for such provisions of the laws and regulations with which the schools cannot comply because of their function ing on an annual basis and in response to the commissioner or the commissioner's designee's written request and justification. Such exceptions shall be in writing. (d) (1) Each teacher in the special school district shall receive annual compensation at the rate specified for the type of certificate held by such teacher based on the appropriate teacher salary schedules established pursuant to Code Section 20-2-212.
(2) This provision shall not act to reduce the compensation currently paid any teacher in the special school district.
(3) To the extent such resources are available, federal funding resources shall be utilized to meet increased costs resulting from implementation of this subsection. (e) The commissioner shall develop and implement a plan whereby there shall be sufficient substitute teachers available for temporary service as needed for each school composing the special school district.

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(f) (1) Nothing in the language of this Code section shall be construed as prohibit ing any local school district from issuing a diploma to a youth in the custody of the department, upon certification of the principal of a departmental school.
(2) School records of any juvenile in the department's programs who is issued a diploma by a local school district shall be maintained by such local school district, provided that all references to the juvenile's commitment to and treatment by the department are expunged. (g) The special school district under the department shall have the powers, privi leges, and authority exercised or capable of exercise by any other school district. (h) The effect of this Code section shall not be to provide state funds to the special s2c0h."ool district under the department through Part 4 of Article 6 of Chapter 2 of Title

Section 25. Said title is further amended by striking paragraphs (5) and (6) of Code Section 49-5-3, relating to definitions, in their entirety and inserting in lieu thereof new paragraphs (5) and (6) to read as follows:
"(5) 'Delinquent Deprived child or youth' means any person so adjudged under Chapter 11 of Title 15.
(6) 'Detention' or 'detention care' means temporary eare in ft facility affording secure custody Reserved."
Section 26. Said title is further amended by striking in its entirety subsection (d) of Code Section 49-5-6, relating to the requirement that the merit system for the Depart ment of Human Resources conform to federal standards, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) All personnel of the Division of Youth Services and the Division of Families Family and Children Services are authorized to be members of the Employees' Retire ment System of Georgia, Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this article to either the division, or otherwise had by persons at the time of employment with cither the division, are continued and preserved, it being the intention of the Gen eral Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of cither the division."
Section 27. Said title is further amended by striking paragraph (5) of subsection (a) of Code Section 49-5-7, relating to development and administration of child welfare and youth services, which reads as follows:
"(5) For the acceptance and detention of any child under 17 years of age who is com mitted under Chapter 11 of Title 15; provided, however:
(A) Any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion, is convicted of a felony in a superior court may, in the discretion of the court, be sen tenced into the custody of the Department of Corrections as otherwise provided by law or be committed as a youthful offender as authorized in Chapter 7 of Title 42; provided, further, that any child convicted of a felony punishable by death or by con finement for life shall only be sentenced into the custody of the Department of Cor rections.
(B) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other cus todial agency shall deprive the court of jurisdiction to change the form of the commit ment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any juvenile committed to the Department of Human Resources for detention in any of its institutions under the terms of this article during the period of one year from the date of commitment shall

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be had only with the concurrence and recommendation of the commissioner of human resources or his designated representative.
(C) After the expiration of one year from the date of commitment, the committing court shall review the case and make such order with respect to the continued confine ment or release of the child back to the committing court for further disposition as the court deems proper.
(D) In the event adequate facilities are not available, the Department of Human Resources shall have the right to transfer youths committed to the Department of Human Resources under this Code section to the Department of Corrections for incar ceration in an appropriate facility designated by the Department of Corrections.
(E) Any child under 17 years of age who is sentenced in the superior court and committed to the department may be eligible to participate in all youth development center programs and services including community work programs, sheltered work shops, special state sponsored programs for evaluation and services under the Division of Rehabilitation Services and the Division of Mental Health, Mental Retardation, and Substance Abuse, and under the general supervision of youth development center staff at special planned activities outside of the youth development center. When such a child sentenced in the superior court is approaching his seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information concerning the participation and progress of the child in programs provided by the department. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law.", in its entirety and inserting in lieu thereof the following: "(5) Reserved."
Section 28. Said title is further amended by striking paragraphs (3) and (5) of sub section (a) of Code Section 49-5-8, relating to powers and duties of the Department of Human Resources, and inserting in lieu thereof new paragraphs (3) and (5), respectively, to read as follows:
"(3) Services to courts, upon their request, as follows: (A) Accepting for casework services and care all children and youths whose legal
custody is vested in the department by the court; (B) Providing shelter or detention custodial care for children prior to examination
and study or pending court hearing; (C) Making social studies and reports to the court with respect to children and
youths as to whom petitions have been filed; and (B) Following an adjudication by the court or discharge from an institution, pfe-
specific cnildrcn and youtrisj and reporting tncrcon to tnc court at sucn times and m such manner as the court shall direct; and
(E) (D) Providing casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39;" "(5) State institutional facilities, including the existing institutions, te wttt the Train-
giai and additional facilities Facilities designed to afford specialized and diversified programs, such as open institutions, closed institutions, forestry camps, ranches, and group residences, for the care, treatment, and training of children and youths of differ ent ages and different emotional, mental, and physical conditions;".

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Section 29. Said title is further amended by repealing Code Section 49-5-10, relating to the commitment of delinquent and unruly children to the Department of Human Resources, in its entirety and inserting in lieu of such repealed Code section the following:
"49-5-10. Reserved." Section 30. Said title is further amended by striking in its entirety Code Section 49-5-10.1, relating to the transfer of incorrigible children to the Department of Corrections, which reads as follows: "49-5-10.1. (a) Any child committed to the Department of Human Resources who is determined to be incorrigible may be transferred to the custody of the Department of Corrections to be incarcerated in a specially commissioned institution for the housing and rehabilitation of incorrigible children. (b) The Board of Human Resources shall promulgate, by rule and regulation, criteria to be utilized in determining whether a child is incorrigible as defined in Code Section 15-11-2. The Board of Human Resources shall be authorized to promulgate any other rules and regulations necessary to carry out the provisions of this Code section. (c) After the department has made a determination that a child in its custody is incorrigible, the department may file a petition alleging incorrigibility with the juvenile or superior court having jurisdiction and the court shall fix a time for a hearing on the petition. Judicial proceedings under this Code section shall be held in accordance with the applicable procedural provisions of Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings. The court shall determine whether the criteria for transfer to the Department of Corrections have been met and whether transfer to the Department of Corrections is in the best interest of the child and the state. If the court determines that the criteria for transfer have been met and that such transfer is in the best interests of the child and the state, the court may order the transfer of the child to the custody of the Department of Corrections. (d) The Department of Corrections shall establish, by rule or regulation, criteria for the periodic review of children in its custody and shall periodically review each child transferred to its custody for the purposes of determining whether the child continues to be incorrigible. Should the Department of Corrections determine that a child is no longer incorrigible and there no longer exists a need to incarcerate the child within the Department of Corrections, the child shall be transferred back to the custody of the Department of Human Resources. The Department of Corrections shall be authorized to promulgate any other rules and regulations necessary to carry out the provisions of this Code section. (e) All children shall be discharged at the appropriate time to the custody of the Department of Human Resources, which shall have responsibility for further intensive supervision or other appropriate aftercare as may be required or authorized by law.", and inserting in lieu thereof a new Code Section 49-5-10.1 to read as follows: "49-5-10.1. (a) The Department of Children and Youth Services may temporarily transfer at-risk unruly or delinquent children to the custody of the Department of Cor rections to be incarcerated in a specially commissioned institution solely dedicated to the housing and rehabilitation of such at-risk unruly or delinquent children. The Board of Children and Youth Services and the Board of Corrections shall be authorized to promulgate rules and regulations necessary to carry out the provisions of this Code sec tion. (b) The Board of Corrections shall establish, by rule or regulation, criteria for the periodic review of children in the custody of the Department of Corrections and shall periodically review each child transferred to the custody of the Department of Correc tions for the purposes of determining whether the child continues to be at risk. Should the Department of Corrections determine that a child is no longer at risk and there no longer exists a need to incarcerate the child within the Department of Corrections, the child shall be transferred back to the custody of the Department of Children and Youth Services. The Board of Corrections shall be authorized to promulgate any other rules and regulations necessary to carry out the provisions of this Code section. (c) All children shall be discharged at the appropriate time to the custody of the Department of Children and Youth Services which shall have responsibility for further

FRIDAY, MARCH 6, 1992

2291

intensive supervision or other appropriate aftercare as may be required or authorized by law."
Section 31. Said title is further amended by repealing Code Section 49-5-11, relating to the escape from a youth detention center, in its entirety and inserting in lieu of said repealed Code section the following:
"49-5-11. Reserved." Section 32. Said title is further amended by striking in its entirety Code Section 49-5-130, relating to legislative intent with respect to programs and protection for children, and inserting in lieu thereof a new Code Section 49-5-130 to read as follows: "49-5-130. The General Assembly finds that appropriate services to children and youth are vitally important for the future of this state. The intent of this article is to provide for the effective coordination and communication between providers of children and youth services and juvenile justice systems at all levels of state government. The General Assembly further declares its intent to reduce the number of children commit ted by the courts to institutions operated by the Department of Children and Youth Services and the Department of Human Resources or other state agencies; and to pro vide a preventative, comprehensive plan for the development of community based alter natives so that children who have committed delinquent acts and children who are at risk of becoming dependents of state government and its institutions may not have to be committed to a state detention facility or other such facility. Additionally, it is the intent of this article to provide for noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and of the community." Section 33. Said title is further amended by striking in its entirety Code Section 49-5-154, relating to the study of youth needs, and inserting in lieu thereof a new Code Section 49-5-154 to read as follows: "49-5-154. The governing authority of each participating county shall establish a local advisory group which includes representation from each component of the local children's services systems and other interested parties. The advisory group shall appraise the council on the needs of children and youth in its community giving particu lar attention to the need for prevention programs and community based services, resi dential or nonresidential, which would provide an alternative to commitment to or placement or custody in the Department of Children and Youth Services or the Depart ment of Human Resources and placement in a youth development center, foster home, or any other institution. Such appraisal shall be made annually and in writing. The gov erning authority of the county may request technical assistance from the council in con ducting such study." Section 34. Said title is further amended by striking in its entirety Code Section 49-5-155, relating to the effect of Article 6 of Chapter 5 on the Division of Youth Services, and inserting in lieu thereof a new Code Section 49-5-155 to read as follows: "49-5-155. (a) This article shall in no way preempt, duplicate, or supersede services, duties, or other functions performed pursuant to law or regulations by the Division Department of Children and Youth Services ef the Department ef Human Resources. (b) Other than the divisions ef the Department of Human Resources Children and Youth Services, the Children and Youth Coordinating Council created pursuant to Code Section 49-5-132 shall be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Pre vention Grants." Section 35. The following Code sections of the Official Code of Georgia Annotated are amended by striking the term "Division of Youth Services of the Department of Human Resources" wherever it occurs and inserting in its place the term "Department of Children and Youth Services": (1) Code Section 12-11-7, relating to the enrollment of members in the Georgia Youth Conservation Corps;

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(2) Code Section 35-6A-3, relating to the membership of the Criminal Justice Coordi nating Council; and
(3) Code Section 49-5-225, relating to local interagency committees with respect to children and adolescents with severe emotional problems.
Section 36. This Act shall become effective July 1, 1992; provided, however, that for the purpose of providing an orderly transition of government, the creation and establish ment of the Board of Children and Youth Services and the Department of Children and Youth Services, the provision of space for such department, and the transfer of employees, equipment, and functions from the Division of Youth Services of the Department of Human Resources to the Department of Children and Youth Services may transpire at any time following the approval of this Act by the Governor or upon its becoming law without such approval. The Board of Children and Youth Services may promulgate rules and regu lations and establish policies following the approval of this Act by the Governor or upon its becoming law without such approval, but such rules and regulations and policies shall not become effective until July 1, 1992.
Section 37, All laws and parts 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 Abernathy Y Adams Y Alken Y Alford Y Aihi Y Atkins Y Biker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Bate* Y Beatty Y Benefleld Y Blrdsong Y Blltch Y Bordeaux Y Bottlck Y Branch Y Breedlove Y Brooks Y Brown Y Bruih YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childen

Y Clark,E Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummlngs.B Y Cummings,M Y Davli,D Y Divli,G Y DavU.M Y Dlxon.H Y Dlxon.S Y Dobbi Y Dover Y Dunn Y Edward. Y Elllott Y Felton Y Fennel Y FloydJ.M Y FloydJ.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner Y HarrU,B Y Harrli,J

Y Heard Y Henion Y Herbert Y Holland Y Holme. Y Howard Y Hudson Y Irwln Y Jackson Y Jamleion Y Jenklni Y Jonei Y Kllgore YKlng Y Klniiton Y Klein YLadd Y Lane.D Y Lane.K E Langford Y Lawrence Y Lawson YLee
Long NLord Y Lucai YMann Y Martin Y McBee
McCoy Y McKelvey
McKlnney.B Y McKinney.C Y Meadowt Y Merrltt Y Milam

Y Mill. Y Mobley Y Moody Y Moraberfer Y Moultrie Y Mueller Y Ollver.C Y 01lver,M YOrr Y Orrock Y Padgett Y Parham Y Parriih
Patten Y Pelote Y Perry Y Pettlt Y Pinholster
Pinkston YPoag Y Porter Y Ponton Y Powell,A Y Powell,C Y Preiley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith,L Y Smith,P Y Smlth,T Y 8mith,W Y Smyre YSnow Y Stanell,F Y StundlS Y Stanley Y Street Y Taylor Y Teper Y Thomas.C Y Thomai.M Y ThQmas,N Y Thurmond Y Titun Y Tolbert Y Towniend Y Turnquest Y Twiggi Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 168, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

FRIDAY, MARCH 6, 1992

2293

HB 1793.

By Representatives Thomas of the 69th, Godbee of the 110th, Porter of the 119th, Parrish of the 109th, Ricketson of the 82nd and others: A bill to amend Code Section 20-2-260 of the Official Code of Georgia Anno tated, relating to capital outlay funds in general, so as to provide for approval of any school construction project which is less than base size; to provide that certain funds shall not be denied.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark,E Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green N Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J

Y Heard Y Hemon Y Herbert Y Holland N Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford N Lawrence Y Lawson YLee
Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam

Y MilU Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten N Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert N Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts N White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 158, nays 8. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1793 was ordered immediately transmitted to the Senate.

HB 1451.

By Representatives Smith of the 156th and Fennel of the 155th: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to change a population feature.

The following Committee substitute was read and adopted:

A BILL To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to change a population feature; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: .

Section 1. Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended by striking in its entirety subsection (h) and inserting in lieu thereof the following:
"(h) (1) In all counties having a population of not less than 64,600 62,450 and not more than 66,000 64,000 according to the United States decennial census of 1986 1990 or any future such census in which the sale of alcoholic beverages is lawful, and in all municipalities within such counties in which the sale of alcoholic beverages is law ful, the governing authority of the county or municipality, as appropriate, may autho rize the sale of alcoholic beverages for consumption on the premises if Sunday sales are approved in a referendum as provided in this subsection.
(2) Eating establishments located in the unincorporated area of the county, in the case of the county, or eating establishments located in the corporate limits of the municipality, in the case of a municipality, shall be authorized to sell alcoholic bever ages for consumption on the premises on Sundays between the hours of 12:30 P.M. and 12:00 Midnight. As used in this paragraph, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food.
(3) Any governing authority desiring to permit and regulate Sunday sales shall so provide by proper resolution or ordinance.
(4) Not less than ten nor more than 20 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county for approval or rejection. The superintend ent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

'( ) YES ( ) NO

Shall the governing authority of (name of county) be authorized to per mit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?'

(5) All persons desiring to vote for approval of Sunday sales shall vote 'Yes,' and those persons desiring to vote for rejection of Sunday sales shall vote 'No.' If more than one-half of the votes cast on the question are for approval of Sunday sales, the governing authority in such counties and the governing authority of all municipalities within such counties may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees.
(6) The expense of the election shall be borne by the county in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of 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 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 Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins

Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M

Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux

Y Bostick Branch
Y Breedlove Brooks
Y Brown Y Brush

Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell

FRIDAY, MARCH 6, 1992

2295

Carter Y Cauthorn Y Chafin
Chambless Y Cheeks Y Childers Y Clark.E
Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Cummings.M Y Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt

Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard
Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D

Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Parham

Y Parrish Patten Pelote
Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston
Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay
Reaves Redding Y Ricketson Royal Y Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith.L Y Smith.P Smith.T Y Smith.W Y Smyre

Y Snow Y Stancil.F
Stancil.S Stanley Y Streat Y Taylor Y Teper Thomas,C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Turnquest Twiggs Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Pinholster of the 8th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 1392.

By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to establish certain new licenses and tags; to increase the fees for certain licenses and stamps; to change the duration of certain licenses; to abolish certain licenses and permits; to amend Code Sec tion 52-7-5, relating to the numbering of vessels using the waters of this state, so as to change the fees for registering boats.

The following Senate amendment was read:

Amend HB 1392 by striking on line 25 of page 2 the number "100.00" and inserting in lieu thereof the number "60.00".
By striking on line 28 of page 2 the number "100.00" and inserting in lieu thereof the number "60.00".

Representative Porter of the 119th moved that the House agree to the Senate amend ment to HB 1392.
On the motion, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y" Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin Y Groover Y Hamilton
Y Hammond Manner
Y Harris.B
Y Harris.J

Y Heard Henson
Y Herbert Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing N Kingston
Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Merritt Y Milam

On the motion, the ayes were 149, nays 1. The motion prevailed.

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit
Pinholster Pinkston Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:

HR 1018. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Heard of the 43rd, Groover of the 99th and Edwards of the 112th: A resolution relative to adjournment.

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 rec ommendation:
HB 1557 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman

FRIDAY, MARCH 6, 1992

2297

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bill
of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1861 Do Pass Respectfully submitted,
/s/ Randall of the 101st Chairman

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

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

SB 728. By Senator Henson of the 55th: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in connection with the sale of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sun day at festivals held in municipalities in which the sale of alcoholic beverages is lawful; to define the term "festival"; to require compliance with certain other state and local requirements.

The following communication was received:

STATE OP 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 who have registered in the Docket of Legislative Appearance as of March 6, 1992, in accordance with Georgia Law 1970, pp. 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 6th day of March, in the year of our Lord One Thousand Nine Hundred and NinetyTwo and of the Independence of the United States of America the Two Hundred and Sixteenth.

(SEAL)

/s/ Max Cleland Secretary of State

Normer Adams (1585) P.O. Box 490539 Atlanta, GA 30349 Ga. Residential
Childcare Assn.

Robert Conley (1570) 7930 North McDonough Blvd. Jonesboro, GA 30236 Police Department /
Clayton County Ga. Association of
Chief of Police

2298

JOURNAL OF THE HOUSE,

Carlton A. El-Amin (1577) 1881 Delphine Drive Decatur, GA 30032 Muslim American
Political Action George B. Elder (1572) 2000 Powers Ferry Road Suite 600 Marietta, GA 30067 Southeast Recycling
Corporation Southeast Paper
Manufacturing Co. John Furman (1571) 3832 Vineyard Trace Marietta, GA 30062 Georgia Assn. of
Broadcasters, Inc. National Assn. of Broadcasters Duane Harris (1583) One Conservation Way Brunswick, GA 31523-8600 Ga. Dept. of Natural Resources Ga. Dept. of Natural Resources Bruce Kay (1573) 857 Collier Road
Howell Mill Village II Atlanta, GA 30318 National Organization - Reform
Marijuana Laws Michele Martin (1579) 3000 Langford Road Bldg. 2400 Norcross, GA 30071 Thomas & Associates, Inc. Sid Miles (1576) 10 Park Place Suite 200 Atlanta, GA 30303 Criminal Justice
Coordinating Council

James Terry Norris (1575) 10 Park Place South Suite 200 Atlanta, GA 30303 Criminal Justice
Coordinating Council Perry Price (1581) 452 Henry Drive #5 Marietta, GA 30062 Cobb N.W.A.C.P. Wayne Abdul Rahman (1578) 1 Shell Bark Rd. Decatur, GA 30035 Muslim American Political Action Betty Sloop (1574) 3242 Betty Circle Decatur, GA 30032 Georgia Supporters for the Gifted Ga. Association of
Teacher Educators Professional Association of
Ga. Educators Haydon Stanley (1580) 1399 Montreal Road Tucker, GA 30345 Greater Atlanta Home Builders
Association Greater Atlanta
Developers Council Stuart A. Stevens (1582) One Conservation Way Brunswick, GA 31523 Dept. of Natural Resources, Ga. David Weaver (1587) 1225 I Street, N.W. Suite 1100 Washington, DC 20005 Georgians Against Gun Violence Handgun Control, Inc. Michael Zanin (1586) 7440 Woodland Drive Indianapolis, IN 46278 Golden Rule Insurance Company

Pursuant to HR 1018, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Wednesday, March 11, 1992.

WEDNESDAY, MARCH 11, 1992

2299

Representative Hall, Atlanta, Georgia Wednesday, March 11, 1992

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

Abernathy Adams Aiken Alford Atkins Baker Balkcom Barfoot Bargeron Barnett.B Barnett.M Bates Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brooks Brown Brush Buck Buc;Jner y be|1 rt CmiM Carter Cauthorn Chafin Chambless

Cheeks Childers Clark.E Clark.L Coker Coleman Colwell Connell Culbreth Cummings,B Cummings,M Davis,D Davis,G Davis.M Dixon.H Dixon.S Dover Dunn Edwards Elliott Felton Fennel Floyd.J.M Floyd,J.W Godbee Golden Goodwin Greene Griffin Groover Hamilton Hammond

Hanner Harris,B Harris,J Heard Henson Herbert Holland Holmes Howard Hudson Irwin Jackson Jamieson Jenkins Jones Kilgore King Klein Ladd Lane.D Lane,R Lawrence Lawson Lee Long Lord Lucas Mann McBee McCoy McKelvey McKinney.B

Meadows Merritt Milam Mills Mobley Moody Morsberger Moultrie Mueller Oliver.C Oliver,M Orr Orrock Padgett Parham Parrish Perry Pettit Pinholster Pinkston Poag Porter Poston Powell,A Powell.C Presley Purcell Randall Ray Reaves Ricketson Royal

Sherrill Skipper Smith,L Smith.P Smith.T Smith.W Smyre Snow Stancil,F Stancil.S Streat Taylor Teper Thomas,C Thomas,N Titus Tolbert Townsend Twiggs Valenti Vaughan Walker.J Wall Watson Watts White Wilder Williams.B Williams.J Williams,R Yeargin Murphy.Spkr

The following members were off the floor of the House when the roll was called: Representatives Thomas of the 31st, Patten of the 149th, Selman of the 32nd, Kingston of the 125th, Flynt of the 75th, Ashe of the 25th, McKinney of the 40th, Thurmond of the 67th, Sinkfield of the 37th, Stanley of the 33rd, Simpson of the 70th, Walker of the 115th, Turnquest of the 56th, Martin of the 26th and Dobbs of the 74th. They wish to be recorded as present.

Prayer was offered by the Reverend Jack D. Bartlett, Associate Pastor, Clayton Com munity Church, Morrow, Georgia.

The members pledged allegiance to the flag. 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.

2300

JOURNAL OF THE HOUSE,

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

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

HB 2061. By Representative Hammond of the 20th: A bill to amend Code Section 36-67A-3 of the Official Code of Georgia Anno tated, relating to disclosure of campaign contributions prior to rezoning actions, so as to provide that individuals desiring to speak at a rezoning hear ing submit their campaign disclosure form at the time of the hearing.
Referred to the Committee on Governmental Affairs.

HB 2062. By Representative Barnett of the 10th: A bill to create and establish the Cumming-Forsyth County Charter Commis sion.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2063. By Representative Barnett of the 10th: 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, in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school dis trict who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or permanently disabled.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2064. By Representative Carter of the 146th: A bill to amend an Act creating a board of commissioners of roads and reve nues for the County of Berrien, so as to change the number of commission ers; to change the composition of the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2065. By Representatives Colwell of the 4th, Murphy of the 18th and Dover of the llth: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal Chapter 9, relating to the Georgia Build ing Authority; to provide that the Georgia Building Authority shall be a department of the state.
Referred to the Committee on State Institutions & Property.

WEDNESDAY, MARCH 11, 1992

2301

HB 2066. By Representative Jenkins of the 80th: A bill to amend Code Section 44-5-60 of the Official Code of Georgia Anno tated, relating to the effect of covenants running with the land on zoning and related matters, so as to provide that the names on a certain petition to extend certain covenants must be verified by an attorney.
Referred to the Committee on State Planning & Community Affairs.

HB 2067. By Representative Beatty of the 12th: A bill to provide a homestead exemption from all City of Jefferson and City of Jefferson Independent School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that city and school dis trict who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2068. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th: A bill to amend an Act creating the Board of Commissioners of Thomas County, so as to change the composition of the commissioner districts from which members of the board of commissioners are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2069. By Representatives Padgett of the 86th and Williams of the 90th: A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2070. By Representatives Williams of the 90th, Padgett of the 86th and others: A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2071. By Representative Smith of the 156th: A bill to provide for a referendum in Mclntosh County relating to the reten tion of the Mclntosh County Industrial Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2072. By Representative Meadows of the 91st: A bill to amend Code Section 48-5-47 of the Official Code of Georgia Anno tated, relating to applications for homestead exemptions of individuals 65 or older, so as to raise the standard exemption from $4,000.00 to $10,000.00.
Referred to the Committee on Ways & Means.

2302

JOURNAL OF THE HOUSE,

HB 2073. By Representative Murphy of the 18th: A bill to amend an Act reincorporating and creating a new charter for the City of Tallapoosa in Haralson County, so as to change provisions relating to the jurisdiction and punishment powers of the Municipal Court of the City of Tallapoosa.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2074. By Representative Carrell of the 65th: A bill to amend an Act changing the manner and method of choosing mem bers of the board of education of Walton County, so as to provide new edu cation districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2075. By Representative Harris of the 84th: A bill to provide for the method of filling vacancies in the membership of the Hospital Authority of McDuffie County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2076. By Representatives Childers of the 15th and McKelvey of the 15th: A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for an additional homestead exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2077. By Representatives Kingston of the 125th, Bordeaux of the 122nd, Hamilton of the 124th, Merritt of the 123rd, Mueller of the 126th and others: A bill to create the Savannah Development and Renewal Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2078. By Representative Floyd of the 135th: A bill to amend an Act establishing the membership of the Board of Educa tion of Dooly County, so as to provide new education districts for the elec tion of members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2079. By Representative Floyd of the 135th: A bill to amend an Act changing the method of compensating the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner of Crisp County from the fee system to an annual salary basis, so as to revise provisions relative to the compensation of the tax commis sioner.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 11, 1992

2303

HB 2080. By Representative Floyd of the 135th: A bill to amend an Act creating a board of commissioners of Dooly County, so as to provide districts from which the members of the Board of Commis sioners of Dooly County shall be elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2081. By Representative Perry of the 5th: A bill to provide that the governing authority of the City of Summerville may conduct a nonbinding referendum on the question of whether to abolish the position of city manager and adopt the position of a full-time mayor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2082. By Representatives Oliver of the 53rd, Teper of the 46th and Irwin of the 57th: A bill to amend an Act providing a supplement to the compensation expenses and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2083. By Representative Dunn of the 73rd: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to establish the Workers' Compensation Study Commission.
Referred to the Committee on Industrial Relations.

HB 2084. By Representatives Smith of the 152nd, McCoy of the 1st, Dixon of the 128th, Kingston of the 125th, Smith of the 156th and others: 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 every local board of education shall allow the student council or student government association within each school to conduct a pregame program prior to each football game between students of elementary, middle, or secondary schools.
Referred to the Committee on Education.

HB 2085. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Anno tated, relating to the time for making ad valorem tax returns, so as to change the population and census application of certain provisions requiring the opening of books for the return of taxes on January 1 and closing of such books on March 1 in all counties of this state having a population of not less than 66,000 nor more than 73,000 according to the United States decennial census of 1970 or any future such census.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OP THE HOUSE,

HB 2086. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend the "Douglasville-Douglas County Water and Sewer Author ity Act," so as to provide for additional powers of the Authority with respect to certain contracts, agreements, leases, or other instruments.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2087. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend an Act known as the "Douglas County Community Improve ment Districts Act," so as to provide for the activation of community improvement districts which include areas within the incorporated area of the City of Douglasville.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2088. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend Code Section 48-5-148 of the Official Code of Georgia Anno tated, relating to interest on certain unpaid ad valorem taxes, so as to change the population and census application of certain provisions requiring that such taxes unpaid as of November 20 of each year shall bear interest in each county of this state having a population of not less than 66,000 nor more than 73,000 according to the United States decennial census of 1970 or any future such census.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2089. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to change the population and census application of certain provisions specifying procedures for authorizing such sales in each county of this state in which the sale of alcoholic beverages is lawful and in all municipalities in those counties in which the sale of alcoholic beverages is lawful.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2090. By Representative Balkcom of the 140th: A bill to amend an Act creating a Board of Commissioners of Early County, so as to change the provisions relating to the commissioner districts in said county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2091. By Representative Birdsong of the 104th: A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Wilkinson County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 11, 1992

2305

HR 1030. By Representative Holland of the 136th: A resolution creating the House Study Committee on Job Creation and Retention for Georgians.
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 2033 HB 2035 HB 2036 HB 2038 HB 2039 HB 2040 HB 2041
HnHRBo fz2U0^44l4o
HHBB 22004456 HB 2047 HB 2048 HB 2049 HB 2050 HB 2051

HB 2052 HB 2053 HB 2054 HB 2055 HB 2056 HB 2057 HB 2058 HrrBrj 2o20n65n09
HR 1027 HR 1029 SB 256 SB 687 SB 770 SB 784

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

Mr. Speaker: Your Committee on Retirement has had under consideration the following Bills of the
House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 912 Do Pass, by Substitute SB 149 Do Pass, by Substitute
Respectfully submitted, is/ Cummings of the 17th
Chairman

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

Mr. Speaker: Your Committee on State Planning & Community Affairs 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 997 Do Pass Respectfully submitted,
/a/ Lane of the 27th Chairman

2306

JOURNAL OF THE HOUSE,

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

Mr. Speaker:

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

HB 828 Do Pass HB 1366 Do Pass, by Substitute HB 1800 Do Pass HB 1879 Do Pass HB 1909 Do Pass HB 1984 Do Pass, by Substitute

HB 1985 Do Pass HB 1987 Do Pass HB 1988 Do Pass HB 1999 Do Pass, by Substitute HB 2007 Do Pass

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

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 11, 1992

Mr. Speaker and Members of the House:

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

HB 551 HB 1004 HB 1129 HB 1181 HB 1391 HB 1439 HB 1611 HB 1710 HB 1756 HB 1763 HB 1775 HB 1776 HB 1828 HB 1847 HB 1871 HB 1873 HB 1904 HB 1942

DA's Retirement Fund; dist atty's emeritus; spouses' benefits Public info services and materials; user fees (Postponed 3-11-92) Certain state officials; compensation; provide by law Litter control; amend provisions Environmental Facilities Authority; solid waste loans Air Quality Act; comprehensively revise provisions Abandoned cemeteries; upkeep by counties/mun; reimbursement Felony trials; size of jury panel; number of peremptory challenges Secondary metals recyclers; regulate Family violence; law enforcement officers; reports and training Small Emp Hlth Ins Availability and Consumer Protection Act; enact Certain not guilty by reason of insanity plea; examination required Mentally retarded person; evaluation team report; filing Covered multifamily dwelling; accessible to handicapped Education; college prep curriculum; sign language Technical and adult education; quick start training program Weight and load of vehicles; certain widths; prohibit permit World Congress Center; alcoholic beverage sales

HR 732 State loans to local governments; solid waste recycling - CA HR 930 Motor vehicle emission inspect.; Bar 90 system; urge Congress allow HR 966 Pulaski County; grant easement HR 1017 Colquitt County; annex state property into Moultrie

SB 173 Airports; condemning cert property; prohibit

WEDNESDAY, MARCH 11, 1992

2307

ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COM MITTEE.
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Cummings of the 17th moved that SB 149 be withdrawn from the General Calendar and recommitted to the Committee on Retirement.
The motion prevailed.

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

HB 828. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend an Act placing the sheriff of Rabun County on a salary, so as to change the compensation of the sheriff.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1366.

By Representative Royal of the 144th: A bill to amend an Act providing for the election of the members of the Board of Education of Mitchell County, so as to change the composition of the education districts, otion prevailed.

The following Committee substitute was read and adopted:

A BILL To amend an Act providing for the election of the members of the Board of Education of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for legislative intent; to implement the provisions of a certain consent decree; to provide for elections, procedures, and qualifications; to provide for vacancies; to provide for a chairman; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circum stances; 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 members of the Board of Educa tion of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), is amended by striking Sections 1 through 7 and inserting in lieu thereof new Sections 1 through 6 to read as follows: "Section 1. It is the intent of the General Assembly in enacting this Act to incorporate the provisions of the consent decree entered on May 10, 1984, in Cochran v. Autry, United States District Court for the Middle District of Georgia, Albany Division, Civil

2308

JOURNAL OF THE HOUSE,

Action No. 79-59-ALB and to provide for the reapportionment of the Board of Educa tion of Mitchell County pursuant to the United States decennial census of 1990.
Section 2. (a) For the purpose of electing members of the Board of Education, the Mitchell County School District shall be divided into seven education districts as fol lows:
Education District: 1^ MITCHELL COUNTY VTD: 0020 COTTON AND HINSONTON (Part) Tract: 9802. Block(s): 231, 232, 233, 240, 241, 242, 243, 244, 245, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267 Tract: 9807. Block(s): 101, 102, 103, 104, 107, 108, 109, 110, 140, 141, 143, 187, 189 VTD: 0035 PEBBLE CITY VTD: 0045 RAIFORD VTD: 0050 SALE CITY
Education District: 2 MITCHELL COUNTY VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 220, 221, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334A, 334B, 335, 336, 337A, 337B, 338, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352 Tract: 9804. Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 426, 427, 428, 429, 430, 431A, 431B, 432, 433A, 433B, 461, 481, 482, 483 VTD: 0015 CAMILLA SOUTH (Part) Tract: 9804. Block(s): 309A, 309B, 320B, 328, 329, 330, 331, 332, 333, 334, 335, 434, 435, 436, 437, 451, 453, 454, 455, 456, 457A, 457B, 458A, 458B, 458C, 459A, 462, 463A, 463B, 463C, 464A, 464B, 465, 466, 467, 468, 469A, 469B, 473, 474, 475
Education District: 3 MITCHELL COUNTY VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 169, 170, 209, 210, 211, 212, 213, 214
Education District: 4 MITCHELL COUNTY VTD: 0015 CAMILLA SOUTH (Part) Tract: 9803. Block(s): 165, 166, 167, 168, 171, 215, 216, 217, 218, 219

WEDNESDAY, MARCH 11, 1992

2309

Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 150, 151, 208, 209, 210, 229, 230, 233, 234, 235, 236, 238, 239, 240, 241, 243, 307A, 307B, 307C, 307D, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320A, 321, 322, 323A, 323B, 323C, 324, 326, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 452, 470, 471, 472
Tract: 9806. Block(s): 301
VTD: 0020 COTTON AND HINSONTON (Part) Tract: 9807. Block(s): 105, 106, 111, 112, 113, 114, 115, 116, 117, 118, 121, 122, 123, 124, 125, 126, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 144, 145, 146, 147, 148, 149, 150A, 151, 152, 188, 190, 191, 192, 201, 202, 203, 204, 205, 206, 207, 208, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 268, 269, 271
VTD: 0040 PELHAM (Part) Tract: 9807. Block(s): 127, 128, 129, 150B, 153B, 179B, 180, 181B
Education District: 5
MITCHELL COUNTY VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 313, 314, 315, 316, 317B, 335B, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 355, 444B, 445, 449B, 451, 452, 453, 454, 455 Tract: 9807. Block(s): 209, 210, 211, 212B, 214B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251A, 251B, 251C, 252, 253, 264, 265, 266, 267, 270, 272A, 272B, 273, 274, 275, 276, 277
Education District: 6
MITCHELL COUNTY VTD: 0015 CAMILLA SOUTH (Part) Tract: 9804. Block(s): 146, 147, 148A, 148B, 148D, 149, 201, 202, 203, 204, 205, 206, 207, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 231, 232, 237, 242, 244, 245, 246A, 246B, 247A, 247B, 248, 249, 301, 302, 303, 304, 305A, 305B, 306, 325, 327 Tract: 9806. Block(s): 101, 102, 103, 104 Tract: 9807. Block(s): 119, 120 VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 105B, 106B, 201B, 202, 203, 204, 205, 206B, 207, 208, 209B, 210, 211B, 216B, 302 Tract: 9807. Block(s): 154B, 155

2310

JOURNAL OF THE HOUSE,

Education District: 7 At Large All of Mitchell County School District
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Mitchell County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and
(5) Any part of Mitchell County which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia. (c) Education Districts 1, 2, 3, 4, 5, 6, and 7 At Large as they existed on January 1, 1992, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7 At Large, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Section 3. (a) Each candidate for membership on the board other than the Education District 7 At-Large member shall be a resident of the education district which such can didate offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in an election therefor. (b) The Education District 7 At-Large member shall be a resident of the Mitchell County School District and shall be elected by a majority vote of the qualified voters of the entire Mitchell County School District voting in an election therefor. Section 4. (a) The members of the board of education in office on January 1, 1992, representing former Education Districts 1, 3, and 5, pursuant to the consent decree described in Section 1 of this Act, shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board of education shall be elected from Education Districts 1, 3, and 5 as provided in this Act. (b) The Education District 7 At-Large member of the board of education in office on January 1, 1992, representing the entire county school district, pursuant to the con sent decree described in Section 1 of this Act, shall serve out the remainder of the term to which such member was elected, such term expiring on December 31, 1992. Such member shall be designated as representing Education District 7 At Large, comprised of the entire county school district. At the general election in 1992 and every four years thereafter, a member shall be elected at large from Education District 7 At Large as pro vided in this Act. (c) The members of the board of education in office on January 1, 1992, representing former Education Districts 2, 4, and 6, pursuant to the consent decree described in Sec tion 1 of this Act, shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every

WEDNESDAY, MARCH 11, 1992

2311

four years thereafter, members of the board of education shall be elected from Educa tion Districts 2, 4, and 6 as provided in this Act.
(d) Each member of the board of education elected pursuant to this Act shall serve for a term of office of four years and until such member's successor is elected and quali fied and shall take office on January 1 immediately following such member's election.
(e) All elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
Section 5. (a) Except as otherwise provided in subsection (b) of this section, any vacancy on the board of education shall be filled by appointment by the remaining members of the board. Any member so appointed shall be a resident of the education district such person is appointed to represent.
(b) Any vacancy on the board with respect to the member representing Education District 7 At Large shall be filled by appointment by the remaining members of the board. Any member so appointed shall be a resident of the Mitchell County School Dis trict.
(c) All appointments to fill vacancies under this section shall be for the remainder of the unexpired term of office.
Section 6. At the first meeting of the board conducted in each odd-numbered year, the members of the board shall elect one of the members thereof to serve as chairman for the ensuing two years."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Mitchell County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1800. By Representative Edwards of the 112th: A bill to amend an Act providing for a new charter for the City of Butler, so as to change the composition of the council districts from which the mem bers of the city council are elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1879.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act providing for a board of elections in certain counties, so as to change the provisions relative to population and census.

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

2312

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1909. By Representatives Smith of the 78th, Dunn of the 73rd, Jenkins of the 80th, Lawson of the 9th, Jackson of the 9th and others: A bill to repeal an Act entitled "An Act to provide for a supplemental expense allowance for the judges of the superior courts of each judicial cir cuit within this State having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1984.

By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act creating a board of commissioners for Cherokee County, so as to change the composition of the commissioner districts.

The following Committee substitute was read and adopted:

A BILL To amend an Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of the chairman and members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, is amended by striking subsections (b) through (e) of Section 2 and inserting in their place new subsections (b) through (e) to read as follows: "(b) (1) The Eastern District shall encompass the following territory: Eastern District
CHEROKEE COUNTY VTD: 0001 BALLGROUND VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0016 WOODSTOCK (Part) Tract: 0909.03

WEDNESDAY, MARCH 11, 1992

2313

Block(a): 501B, 502, 503, 504B, 505A, 505B, 506, 507, 601A, 601B, 602A, 602B, 602C, 603, 604, 605, 606, 607, 608
(2) Within the Eastern District, Commissioner Districts 1 and 2 shall encompass the following territory: Commissioner District: 1^
CHEROKEE COUNTY VTD: 0001 BALLGROUND VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0012 MULLINS
Commissioner District: 2 CHEROKEE COUNTY VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET VTD: 0011 LITTLE RIVER VTD: 0016 WOODSTOCK (Part) Tract: 0909.03 Block(s): 501B, 502, 503, 504B, 505A, 505B, 506, 507, 601A, 601B, 602A, 602B, 602C, 603, 604, 605, 606, 607, 608
(c) (1) The Western District shall encompass the following territory: Western District
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0013 SALICOA VTD: 0015 WILDCAT VTD: 0016 WOODSTOCK (Part) Tract: 0907. Block(s): 511 Tract: 0909.03 Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 102, 103, 104, 201, 202, 203A, 203B, 203C, 204A, 204B, 205, 206, 207, 208A, 208B, 208C, 209, 210, 301, 302, 303, 304, 305, 306A, 306B, 306C, 306D, 307, 308, 309A, 309B, 309C, 309D, 309E, 310, 311, 401A, 401B, 401C, 402, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 411A, 411B, 501A, 504A Tract: 0910.01 Block(s): 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111A, 111B, 112, 113, 114, 201, 202, 203, 204, 205A, 205B, 205C, 206, 207A, 207B, 207C, 208A, 208B, 209, 301, 302A, 302B, 302C, 302D, 303A, 303B, 304, 305, 306 Tract: 0910.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110, 111, 112, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317A, 317B Tract: 0910.03

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Block(s): 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206A, 206B, 206C, 207, 208, 209, 210, 211, 212, 213, 214
Tract: 0911.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 203, 204. 205, 206, 207, 208, 209, 210, 211

(2) Within the Western District, Commissioner Districts 3 and 4 shall encompass the following territory: Commissioner District: 3
CHEROKEE COUNTY VTD: 0002 BELLS (Part) Tract: 0911.01 Block(s): 202 Tract: 0911.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205. 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0013 SALICOA VTD: 0015 WILDCAT VTD: 0016 WOODSTOCK (Part) Tract: 0910.02 Block(s): 307, 308, 309, 310 Tract: 0911.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211
Commissioner District: 4 CHEROKEE COUNTY VTD: 0002 BELLS (Part) Tract: 0910.03 Block(s): 301, 302, 303, 304, 305 Tract: 0911.03 Block(s): 110, 111, 112, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 Tract: 0911.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 201, 202, 203, 204, 205, 206, 207, 301, 302, 303, 304, 305, 306, 307B, 308, 309, 310 Tract: 0912.98 Block(s): 102B, 103B, 104, 112 VTD: 0016 WOODSTOCK (Part) Tract: 0907. Block(s): 511 Tract: 0909.03 Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 102, 103, 104, 201, 202, 203A, 203B, 203C, 204A, 204B, 205, 206, 207, 208A, 208B, 208C, 209, 210, 301, 302, 303, 304, 305, 306A, 306B, 306C, 306D, 307, 308, 309A, 309B, 309C, 309D, 309E, 310, 311, 401A, 401B, 401C, 402, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 411A, 411B, 501A, 504A

WEDNESDAY, MARCH 11, 1992

2315

Tract: 0910.01 Block(s): 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111A, 111B, 112, 113, 114, 201, 202, 203, 204, 205A, 205B, 205C, 206, 207A, 207B, 207C, 208A, 208B, 209, 301, 302A, 302B, 302C, 302D, 303A, 303B, 304, 305, 306
Tract: 0910.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110, 111, 112, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 311, 312, 313, 314, 315, 316A, 316B, 317A, 317B
Tract: 0910.03 Block(s): 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206A, 206B, 206C, 207, 208, 209, 210, 211, 212, 213, 214
(d) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Cherokee County which is not included in any commissioner dis trict described in this section shall be included within that commissioner district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Cherokee County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (e) Commissioner Districts 1, 2, 3, and 4 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this section on and after the date this subsection becomes effec tive in 1992, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section." Section 2. Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: "Section 3. (a) The members of the board of commissioners in office on January 1, 1992, representing former Commissioner Districts 1 and 4 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board shall be elected from Commissioner Districts 1 and 4 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election. (b) The members of the board of commissioners in office on January 1, 1992, repre senting former Commissioner Districts 2 and 3 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the

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JOURNAL OF THE HOUSE,

general election in 1992 and every four years thereafter, members of the board shall be elected from Commissioner Districts 2 and 3 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election."
Section 3. Said Act is further amended by striking subsection (a) of Section 4 and inserting in its place a new subsection (a) to read as follows:
"(a) The chairman of the commission in office on January 1, 1992, shall serve out the remainder of the term to which he was elected, such term expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, the chairman shall be elected pursuant to this Act and shall serve for a term of four years and until his successor is elected and qualified and shall take office on January 1 immediately follow ing his election."
Section 4. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of commissioners of Cherokee County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1985.

By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend the "Lumpkin County Water and Sewerage Authority Act," so as to change the composition of that authority and provide for terms of office.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1987.

By Representative Smith of the 78th: A bill to amend an Act creating the Board of Commissioners of Lamar County, so as to change the composition of the commissioner districts from which members of the board of commissioners are elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1988.

By Representative Smith of the 78th: A bill to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to change the composition of education districts from which members of the board of education are elected.

WEDNESDAY, MARCH 11, 1992

2317

The report 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.

HB 1999. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act providing for the numbering of positions of member ship on the Cherokee County Board of Education, so as to change the descriptions of the education districts for that board of education.

The following Committee substitute was read and adopted:

A BILL To amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1982 (Ga. L. 1982, p. 3602), so as to change the descriptions of education districts for that board of education; to provide for definitions and for certain conflicts; to include certain areas within certain districts; to require a submission and provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1982 (Ga. L. 1982, p. 3602), is amended by striking Sections 1 and 2 thereof and inserting in their place new sections to read as follows: "Section 1. For the purpose of electing members of the Cherokee County Board of Education, positions of membership on the board shall be numbered as Post 1 through Post 7, respectively. Post numbers shall correspond to the education district with the same number as provided in Section 2. Section 2. (a) For the purpose of electing members to the Cherokee County Board of Education, the Cherokee County School District shall be divided into seven education districts as follows: Education District: 1
CHEROKEE COUNTY VTD: 0015 WILDCAT VTD: 0016 WOODSTOCK (Part) Tract: 0907. Block(s): 511 Tract: 0909.03 Block(s): 201, 202, 203A, 203B, 203C, 204A, 204B, 205, 206, 207, 208A, 208B, 208C, 209, 210 Tract: 0910.01 Block(s): 101A, 101B, 101C, 102A, 102B, 103, 104A, 104B, 104C, 104D, 105, 106A, 106B, 106C, 107A, 107B, 108, 109A, 109B, 110A, HOB, HOC, 111A, 111B, 113, 114 Tract: 0910.02 Block(s): 317A
Education District: 2 CHEROKEE COUNTY

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VTD: 0003 CANTON (Part) Tract: 0901. Block(s): 352, 353 Tract: 0904. Block(s): 101, 102, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 140A, 140B, 140C, 141, 142, 143, 144, 310, 320 Tract: 0906. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 208, 209, 210A, 210B, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 221, 222, 223, 224, 225, 301A, 301B, 302, 303A, 303B, 304A, 304B, 304C, 305A, 305B, 306A, 306B, 307, 308, 309, 310, 311, 312A, 312B, 312C, 313, 314A, 3146, 315A, 315B, 316, 317A, 317B, 317C, 317D, 318, 319A, 319B, 319C, 319D, 320, 321A, 321B, 322A, 322B, 323, 324, 325, 326, 327A, 327B, 328, 329, 330A, 330B, 331A, 331B, 332, 333, 501, 502A, 502B, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617A, 617B, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 701A, 701B, 701C, 702A, 702B, 702C, 702D, 702E, 702F, 702G, 702H, 702J, 702K, 703A, 703B, 704, 709A, 709B, 709C, 709D, 715A, 715B, 716A, 716B, 716C, 717A, 717B, 717C, 718A, 718B, 719A, 719B, 719C, 719D, 720, 721, 722A, 722B, 723A, 723B, 724
VTD: 0009 HICKORY FLAT (Part) Tract: 0908. Block(s): 301, 302, 303, 304, 305, 310, 311, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 501, 502, 503, 504, 517, 518, 519, 601, 602, 603, 604, 610, 611, 701
VTD: 0010 LICK SKILLET (Part) Tract: 0908. Block(s): 505, 506, 513, 514, 515, 516 Tract: 0909.01 Block(s): 201, 209
VTD: 0012 MULLINS Education District: 3
CHEROKEE COUNTY VTD: 0009 HICKORY FLAT (Part) Tract: 0908. Block(s): 123, 124, 125, 126, 127, 128, 306, 307, 308, 309, 314, 315, 316 VTD: 0010 LICK SKILLET (Part) Tract: 0908. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 507, 508, 509, 510, 511, 512 Tract: 0909.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 202, 203, 204, 205, 206, 207, 208, 210, 211, 301, 302, 303, 304, 305 Tract: 0909.02 Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 401, 402, 403, 404, 405

WEDNESDAY, MARCH 11, 1992

2319

Education District: 4
CHEROKEE COUNTY VTD: 0003 CANTON (Part) Tract: 0901. Block(s): 478, 479 Tract: 0903. Block(s): 101A, 101B, 101C, 101D, 101E, 102, 103, 104, 105, 106, 107A, 112A, 115, 116, 117, 118, 119, 120A, 120B, 120C, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 137, 138, 139, 140, 141, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214 Tract: 0904. Block(s): 103, 104, 105, 106, 107, 108, 113, 201A, 201B, 201C, 201D, 202, 203A, 203B, 204, 205, 206A, 206B, 206C, 206D, 207, 208, 209, 210A, 210B, 211, 212, 213A, 213B, 301A, 301B, 302A, 302B, 302C, 303A, 303B, 303C, 303D, 304, 305, 306, 307A, 307B, 308A, 308B, 309A, 309B, 311, 312, 313, 314, 315, 316, 317, 318, 319, 401A, 401B, 401C, 402A, 402B, 403A, 403B, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 Tract: 0906. Block(s): 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 402A, 402B, 403, 404A, 404B, 404C, 404D, 404E, 404F, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409, 410, 411, 412A, 412B, 412C, 412D, 413A, 413B, 414A, 414B, 415A, 415B, 416, 417, 705A, 705B, 706, 707A, 707B, 707C, 708A, 708B, 710A, 710B, 711A, 711B, 712A, 712B, 712C, 712D, 713, 714A, 714B, 725A, 725B, 726 VTD: 0007 FAIR PLAY VTD: 0016 WOODSTOCK (Part) Tract: 0910.02 Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316A, 316B, 317B Tract: 0911.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
Education District: 5
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0016 WOODSTOCK (Part) Tract: 0911.01 Block(s): 201, 203, 204, 205, 206, 207, 208, 209, 210, 211
Education District: 6
CHEROKEE COUNTY VTD: 0016 WOODSTOCK (Part) Tract: 0909.03 Block(s): 101A, 101B, 101C, 101D, 101E, 101F, 102, 103, 104, 301, 302, 303, 304, 305, 306A, 306B, 306C, 306D, 307, 308, 309A, 309B, 309C, 309D, 309E, 310, 311, 401A, 401B, 401C, 402, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 411A, 411B, 501A, 501B, 502, 503, 504A, 504B, 505A, 505B, 506, 507, 601A, 601B, 602A, 602B, 602C, 603, 604, 605, 606, 607, 608 Tract: 0910.01

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Block(s): 112, 201, 202, 203, 204, 205A, 205B, 205C, 206, 207A, 207B, 207C, 208A, 208B, 209, 301, 302A, 302B, 302C, 302D, 303A, 303B, 304, 305, 306
Tract: 0910.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 107A, 107B, 108, 109A, 109B, 110, 111, 112, 201, 202, 203, 204
Tract: 0910.03 Block(s): 101A, 101B, 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206A, 206B, 206C, 207, 208, 209, 210, 211, 212, 213, 214
Education District: 7 CHEROKEE COUNTY VTD: 0001 BALLGROUND VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0008 HARBINS VTD: 0011 LITTLE RIVER VTD: 0013 SALICOA
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of the Cherokee County School District which is not included in any education district described in this section shall be included within that education dis trict contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of the Cherokee County School District which is described in this sec tion as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such educa tion district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) The present members of the board of education shall serve for the terms of office for which they were elected and until their successors are elected and qualified as pro vided in Section 3. Members of the board of education shall be deemed to represent the education district provided for in subsection (a) of this section which number corre sponds to the education district for which they were elected. Beginning with the primary and general elections held in 1992 and thereafter at which members of the board of edu cation are elected, members shall be elected from the education districts provided for in subsection (a) of this section." Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Cherokee County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.

WEDNESDAY, MARCH 11, 1992

2321

Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2007.

By Representatives Parham of the 105th and Lord of the 107th: A bill to amend an Act creating a board of commissioners of Baldwin County, so as to provide for the election of board members from commis sioner districts from which members of the board are elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 560. By Senator Pollard of the 24th: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to correct a typographical error relative to the payment of contributions when an employing unit sells or transfers business or stock of goods; to correct a statutory reference; to delete a reference to an obsolete statute; to provide an effective date.

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

HB 727. By Representatives Cheeks of the 89th, Murphy of the 18th, Watson of the 114th, Watts of the 41st, Edwards of the 112th and others: A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks purchased with state funds shall remain the property of each local unit of administration to establish policies for the proper care and protection of its textbooks and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit.

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

2322

JOURNAL OF THE HOUSE,

HB 1263.

By Representatives Jackson of the 9th, Barnett of the 10th, Lawson of the 9th, Orr of the 9th, Colwell of the 4th and others: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation, so as to provide for the return for tax ation of boats in the county in which such boat is located.

HB 1924. By Representative Carter of the 146th: A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected.

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

HB 240. By Representatives Snow of the 1st, Groover of the 99th, Mobley of the 64th, Meadows of the 91st, McCoy of the 1st and others: A bill to amend Chapter 3 of Title 17 of the Official Code of Georgia Anno tated, relating to limitations on prosecution, so as to provide that certain periods shall be excluded in determining the period within which a prosecu tion for certain offenses must be commenced.

HB 1388. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Anno tated, relating to historic preservation, so as to repeal the "Facade and Con servation Easements Act of 1976"; to enact the "Georgia Uniform Conservation Easement Act".

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

SB 719. By Senators Moye of the 34th, Dean of the 31st and Ray of the 19th: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries pub lic, so as to require notaries public to execute and file bonds for the faithful performance of their duties; to provide for the amount of the bond and the time of execution and filing; to provide for filing of bonds with the clerk of superior courts; to provide for actions on bonds in cases where a notary has committed misconduct.

SB 757. By Senator Burton of the 5th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide that American sign language shall be considered to be a foreign language for the purposes of earning curriculum credits at the high school level; to provide for related matters; to provide an effective date.

SB 769. By Senators Foster of the 50th, Scott of the 36th, Tate of the 38th and oth ers: A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to change certain definitions; to amend the authority of the State Board of Education; to provide prerequisites for attaining demonstration program status; to provide for advisory committees.

WEDNESDAY, MARCH 11, 1992

2323

SB 773. By Senators Garner of the 30th, Tysinger of the 41st, Broun of the 46th and others: A bill to amend Code Section 10-9-4 of the Official Code of Georgia Anno tated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Congress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alcoholic beverages for consumption on the premises of the projects of or under the control of the authority; to provide an effective date.

SB 777. By Senator Foster of the 50th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to change certain provisions relating to the certification of teachers and certain other professionals; to change certain references to the State Board of Education and the State School Superintendent to refer to the Professional Standards Commission; to change certain provisions relating to service on the Profes sional Standards Commission.

SB 790. By Senator Kidd of the 25th: A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Anno tated, known as "The Patient Cost of Care Act," so as to change the defini tion of certain terms; to provide a rebuttable presumption that the full cost of care shall be imposed initially; to change the definition of the term "patient"; to provide for the possibility of a charge to one who is cared for or treated in a facility which is under the jurisdiction of the Department of Human Resources but which may not be a hospital.

HB 394. By Representatives Oliver of the 121st, Floyd of the 135th, Baker of the 51st, Coleman of the 118th, Groover of the 99th and others: A bill to amend Code Section 47-2-121 of the Official Code of Georgia Anno tated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that when a spouse who is a designated beneficiary predeceases a retired member and the retired mem ber remarries, the option applicable to the former spouse may be reestab lished on behalf of the new spouse.

HB 1136.

By Representatives Chafin of the 72nd, Lee of the 72nd, Benefield of the 72nd, Buckner of the 72nd and King of the 72nd: A bill to amend Code Section 17-7-70 of the Official Code of Georgia Anno tated, relating to trial upon accusations in felony cases where the defendant has waived indictment by the grand jury, so as to provide for trial upon accusations in certain felony cases without the necessity of waiving indict ment by grand jury.

HB 1234.

By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.

2324

JOURNAL OF THE HOUSE,

HB 1284.

By Representatives Pettit of the 19th and Watson of the 114th: A bill to amend Part 1 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to units designed to be affixed to foun dations or existing buildings, so as to repeal a definition; to authorize civil actions against dealers of industrialized buildings.

HB 1395.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Code Section 48-2-32 of the Official Code of Georgia Anno tated, relating to forms of payment of taxes and license fees to the state rev enue commissioner, so as to provide for the payment of certain taxes by electronic funds transfer.

HB 1570.

By Representatives Parham of the 105th and Watts of the 41st: A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to uniform rules of the road, so as to provide an exception to the requirement that vehicles transporting etiologic agents be distinctively marked.

SB 813. By Senator Hasty of the 51st: A bill to amend an Act to provide a new charter for the City of Calhoun, Georgia, so as to authorize the governing authority of the City of Calhoun to appropriate up to $2,000.00 per fiscal year to Big Brothers/Big Sisters.

SB 818. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act regulating public instruction for the County of Rich mond, as amended, so as to change the provisions relating to the organiza tional meetings of the board of education and the organization and procedures of the board of education.

SB 819. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act regulating public instruction in the County of Rich mond, as amended, so as to change the provisions relating to letting con tracts and opening bids; to change the provisions relating to purchasing; to provide for other matters relating to the business affairs of the board.

SB 820. By Senators Coleman of the 1st and Hammill of the 3rd: A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclu sions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.

HB 1084.

By Representatives Poston of the 2nd, Snow of the 1st, McCoy of the 1st, Poag of the 3rd and Perry of the 5th: A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to authorize the district attorney of said circuit to hire assistant district attorneys, secretaries, and paraprofessionals.

WEDNESDAY, MARCH 11, 1992

2325

HB 1919.

By Representative Selman of the 32nd: A bill to amend an Act providing a new charter for the City of Palmetto, so as to revise and change the manner in which and the purpose for which spe cial elections are called.

HB 1920.

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 composition of the commissioner districts.

HB 1921.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend an Act providing for election districts for election to the board of education of Douglas County, so as to change the composition of the education districts.

HB 1928.

By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to amend an Act creating the Rome-Floyd County Commission on Children and Youth, so as to provide for changes in the membership of such commission.

HB 1934.

By Representative Lane of the 27th: A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority.

HB 1935.

By Representative Lane of the 27th: A bill to amend an Act to create and establish the East Point Building Authority, so as to change the composition and appointment of membership on the authority.

HB 1936.

By Representative Lane of the 27th: A bill to amend an Act to create the East Point Business and Industrial Development Authority, so as to change the composition and appointment of membership on the authority.

HB 1944.

By Representatives Lord of the 107th and Parrish of the 109th: A bill to fix the compensation of the members of the Board of Education of Johnson County.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 510. By Senator Harris of the 27th: A resolution creating the Study Committee on Professional, Occupational, and Business Licensing and Taxation.

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

2326

JOURNAL OF THE HOUSE,

SB 719. By Senators Moye of the 34th, Dean of the 31st and Ray of the 19th: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries pub lic, so as to require notaries public to execute and file bonds for the faithful performance of their duties; to provide for the amount of the bond and the time of execution and filing; to provide for filing of bonds with the clerk of superior courts; to provide for actions on bonds in cases where a notary has committed misconduct.
Referred to the Committee on Judiciary.

SB 728. By Senator Henson of the 55th: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in connection with the sale of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sun day at festivals held in municipalities in which the sale of alcoholic beverages is lawful; to define the term "festival"; to require compliance with certain other state and local requirements.
Referred to the Committee on Regulated Beverages.

SB 757. By Senator Burton of the 5th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide that American sign language shall be considered to be a foreign language for the purposes of earning curriculum credits at the high school level; to provide for related matters; to provide an effective date.
Referred to the Committee on Education.

SB 769. By Senators Foster of the 50th, Scott of the 36th, Tate of the 38th and oth ers: A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to change certain definitions; to amend the authority of the State Board of Education; to provide prerequisites for attaining demonstration program status; to provide for advisory committees.
Referred to the Committee on Education.

SB 773. By Senators Garner of the 30th, Tysinger of the 41st, Broun of the 46th and others: A bill to amend Code Section 10-9-4 of the Official Code of Georgia Anno tated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Congress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alcoholic beverages for consumption on the premises of the projects of or under the control of the authority; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

WEDNESDAY, MARCH 11, 1992

2327

SB 777. By Senator Foster of the 50th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to change certain provisions relating to the certification of teachers and certain other professionals; to change certain references to the State Board of Education and the State School Superintendent to refer to the Professional Standards Commission; to change certain provisions relating to service on the Profes sional Standards Commission.
Referred to the Committee on Education.

SB 790. By Senator Kidd of the 25th: A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Anno tated, known as "The Patient Cost of Care Act," so as to change the defini tion of certain terms; to provide a rebuttable presumption that the full cost of care shall be imposed initially; to change the definition of the term "patient"; to provide for the possibility of a charge to one who is cared for or treated in a facility which is under the jurisdiction of the Department of Human Resources but which may not be a hospital.
Referred to the Committee on Health & Ecology.

SB 813. By Senator Hasty of the 51st: A bill to amend an Act to provide a new charter for the City of Calhoun, Georgia, so as to authorize the governing authority of the City of Calhoun to appropriate up to $2,000.00 per fiscal year to Big Brothers/Big Sisters.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 818. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act regulating public instruction for the County of Rich mond, as amended, so as to change the provisions relating to the organiza tional meetings of the board of education and the organization and procedures of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 819. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act regulating public instruction in the County of Rich mond, as amended, so as to change the provisions relating to letting con tracts and opening bids; to change the provisions relating to purchasing; to provide for other matters relating to the business affairs of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 820. By Senators Coleman of the 1st and Hammill of the 3rd: A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclu sions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.

2328

JOURNAL OF THE HOUSE,

SR 510. By Senator Harris of the 27th: A resolution creating the Study Committee on Professional, Occupational, and Business Licensing and Taxation.
Referred to the Committee on Rules.

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

HB 1924.

By Representative Carter of the 146th: A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected.

The following Senate substitute was read:

A BILL To amend an Act to create a Board of Education for Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), so as to change the composition of the districts from which members are elected; to provide definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be shall be void and repealed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to create a Board of Education for Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), is amended by striking Sections 1, 2, and 3 of said Act in their entirety and inserting in lieu thereof the following: "Section 1. (a) There is created a Board of Education of Berrien County which shall consist of seven members. One member of the board shall be elected from each dis trict by the qualified voters of that education district. For the purpose of electing mem bers of the said board, Berrien County shall be divided into seven education districts as follows: Education District: 1
BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9704. Block(s): 108, 109, 110, 123, 124, 125, 126, 127B, 127C, 155, 156, 157, 158, 159, 160, 161, 162, 166, 301D, 341B Tract: 9705. Block(s): 101B, 102B, 133B, 160, 161, 162, 207, 208, 209, 210, 211, 212, 213, 242, 243, 244, 248, 250, 251, 252, 253, 254, 255, 256A, 256B, 257B, 258, 272A, 272B, 286 VTD: 0007 RAY CITY (Part) Tract: 9705. Block(s): 245, 246, 247 VTD: 0008 LOWER TENTH VTD: 0009 UPPER TENTH
Education District: 2 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9705.

WEDNESDAY, MARCH 11, 1992

2329

Block(s): 249, 275, 276, 279, 280, 281, 282, 283, 284, 285, 287 Tract: 9706.
Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 127, 128, 129, 130, 131, 132
VTD: 0006 NEW LOIS VTD: 0007 RAY CITY (Part)
Tract: 9706. Block(s): 101, 119, 120, 121A, 121B, 122, 123, 124, 125, 126A, 126B, 133, 134, 135, 136, 137A, 137B, 138A, 138B, 139A, 139B, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 160B, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170A, 170B, 171, 201A, 201B, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210A, 210B, 211A, 211B, 212, 213, 236, 237, 238, 239, 240, 241A, 241B, 242, 243, 244A, 244B, 245A, 245B, 246A, 246B, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 261
Education District: 3 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 115, 117, 118, 132, 133, 134A, 134B, 134C, 135B, 135C, 136, 137, 138, 139B, 140B, 144B, 145, 165, 166, 167, 168, 169, 170, 176 Tract: 9704. Block(s): 127A, 128, 129, 130, 201A, 201B, 202, 203A, 203B, 206, 207, 208, 209, 210, 214, 215, 216, 217, 301A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341A, 342, 343, 344, 345, 346, 347, 348 VTD: 0005 NEW RIVER (Part) Tract: 9702. Block(s): 224, 233, 234, 235, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272 Tract: 9703. Block(s): 108, 109, 110, 111, 112, 113, 114, 116, 177, 178, 179, 180, 209
Education District: 4 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 119, 121, 122, 123, 125, 126, 127, 128, 129, 130, 131 Tract: 9704. Block(s): 102, 106, 107 VTD: 0002 ALPAHA
Education District: 5 BERRIEN COUNTY VTD: 0003 ENIGMA VTD: 0004 JORDAN VTD: 0005 NEW RIVER (Part) Tract: 9702. Block(s): 208, 209, 210, 237, 238, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256

2330

JOURNAL OF THE HOUSE,

Education District: 6
BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 135A, 139A, 140A, 141, 142, 143, 144A, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 171, 172, 173, 174, 175, 201, 202A, 202B, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223, 224, 225, 226, 228, 229, 230, 231, 232, 233, 234, 245, 246, 247, 248, 249, 250, 259, 260, 261, 262, 269A, 269B, 270, 271A, 271B, 271C, 271D, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285A, 285B, 285C, 285D, 286, 287, 288, 289, 290, 291 Tract: 9704. Block(s): 204, 205, 211, 212, 213, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252 Tract: 9705. Block(s): 277, 278A, 278B, 278C, 278D
Education District: 7
BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 163, 164, 227, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 251, 252, 253, 254, 255, 256, 257, 258, 263, 264, 265, 266, 267, 268 Tract: 9705. Block(s): 101A, 102A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133A, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 257A, 259, 260, 261A, 261B, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 273A, 273B, 274, 288, 289, 290, 291, 292, 293, 294
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Berrien County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and
(5) Any part of Berrien County which is described in this section as being included in a particular education district shall nevertheless not be included within such educa tion district if such part is not contiguous to such education district. Such noncontigu ous part shall instead be included within that education district contiguous to such

WEDNESDAY, MARCH 11, 1992

2331

part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia. (c) Candidates for Posts 1 through 7 shall reside in Education Districts 1 through 7, respectively, from which such candidates offer for election." Section 2. The members of the Board of Education of Berrien County in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until successors are elected as provided in Section 3 of this Act. Section 3. (a) At the general election in November, 1992, new members shall be elected from Education Districts 1, 5, 6, and 7, and such new members shall take office on the first day of January in 1993 for terms of four years and until successors are elected and qualified. At the general election in November, 1994, new members shall be elected from Education Districts 2, 3, and 4, and such new members shall take office on the first of January, 1995, for terms of four years and until successors are elected and qualified. (b) Thereafter, successors to all members shall be elected to terms of office of four years each and until their successors are elected and qualified. Any vacancies in office shall be the subject of a special election called for that purpose by the election superin tendent of Berrien County, who shall issue his call within two weeks of the date the vacancy is created. The election for filling any vacancy shall be held in accordance with the laws, rules, and regulations which govern special elections. The members elected at any general election shall take office on the first day of January following their election. Section 4. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Berrien County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Carter of the 146th moved that the House disagree to the Senate sub stitute to HB 1924.

The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 1031. By Representative Poston of the 2nd: A resolution commending Bob and Ruth Poteet's taxi service.

HR 1032.

By Representative Hamilton of the 124th: A resolution commending Tara Rose Tarver for bringing joy and happiness to not only her most devoted "Mimi" but to all who meet her.

HR 1033. By Representatives Canty of the 38th, Sinkfield of the 37th, Brooks of the 34th, Thomas of the 55th, Davis of the 29th and others: A resolution honoring Mr. Billie S. Fleming, Sr.

HR 1034.

By Representatives Canty of the 38th, Thomas of the 31st, Sinkfield of the 37th, Turnquest of the 56th, Holmes of the 28th and others: A resolution honoring the Reverend William Holmes Borders, Sr.

2332

JOURNAL OF THE HOUSE,

HR 1035. By Representative Greene of the 130th: A resolution expressing sympathy at the passing of Mrs. Lilla Pratt Goodwin.

HR 1036. By Representatives Canty of the 38th, Thomas of the 31st, Sinkfield of the 37th, Turnquest of the 56th, Holmes of the 28th and others: A resolution honoring Dr. Juel Pate Borders-Benson.

HR 1037.

By Representatives Murphy of the 18th, Teper of the 46th and Henson of the 57th: A resolution recognizing and expressing appreciation to the Pinch Hitter Pro gram of the Atlanta Gate City Lodge of B'nai B'rith.

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

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

HB 1288.

By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th and Jamieson of the llth: A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White.

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 Dover of the llth, Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th and Jamieson of the llth: A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White.

Representative Dover of the llth moved that the House insist on its position in dis agreeing 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.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty

Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell

Y Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E
Clark.L Y Coker Y Coleman Y Colwell
Connell

Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis,G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Elliott Y Felton

Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden
Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner

WEDNESDAY, MARCH 11, 1992

2333

Y Harris.B Y Harris,!
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard
Hudson Y Irwin Y' Jackson
Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein
Y Ladd Y Lane.D
Lane.R E Langford

N Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Mann
Martin McBee Y McCoy Y McKelvey McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Morsberger Y Moultrie Y Mueller

Oliver.C Y Oliver.M NOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinhplster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay

On the motion, the ayes were 141, nays 4. The motion prevailed.

Y Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper
Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C

Y Thomas.M Y Thomas.N
Thurmond Y Titus N Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker,!, Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

Representative Thurmond of the 67th 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 appointed as a Committee of Conference on the part of the House the following members:
Representatives Dover of the llth, Colwell of the 4th and Twiggs of the 4th.

Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was taken up for consideration and read the third time:

HR 966. By Representative Hudson of the 117th: A resolution authorizing the granting of a nonexclusive easement for opera tion and maintenance of water and sanitary sewer lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Pulaski County.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 98, 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 Com mittee on State Planning and Community Affairs - Local and referred to the Committee on Regulated Beverages.

HB 1882.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to regulation of sales of alcoholic beverages on Sunday, so as to change the population bracket.

2334

JOURNAL OF THE HOUSE,

Representative Coleman of the 118th District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bill of
the House and has instructed me to report the same back to the House with the following recommendation:
HB 1261 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman

The following Resolution of the House was read:

HR 1038. By Representative Murphy of the 18th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn at 5:00 P.M. on Thursday, March 12, 1992, and shall recon vene on Tuesday, March 17, 1992.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 17 may be as ordered by the Senate; and the hour for convening the House on March 17 may be as ordered by the House.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn

Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E
Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth
Cummings.B Y Cummings TM Y Davis.D Y Davis.G Y Davis.M Y Dixon.H N Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green

Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King N Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee
Long

YLord Lucas
Y Mann Martin
Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C N Meadows N Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger N Moultrie N Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham
Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Poag

Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Thomas.C Y Thomas.M Thomas,N

WEDNESDAY, MARCH 11, 1992

2335

Y Thurmond Y Titus Y Tolhert Y Townsend

Y Turnquest Y Twiggs Y Valenti Y Vaughan

Y Walker.J Y Walker.L Y Wall Y Watson

Y Watts White
Y Wilder Y Williams.B

On the adoption of the Resolution, the ayes were 148, nays 6. The Resolution was adopted.

Y Williams,.! Y Williams.R Y Yeargin
Murphy,Spkr

Representative Dixon of the 128th 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 fol lowing Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 173. By Senators Deal of the 49th, Newbill of the 56th, Johnson of the 47th and others: A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports and landing fields by counties, municipalities, and other political subdivisions, so as to prohibit cities, counties, or other political subdivisions from condemning property for, or operating, an airport outside their territo rial boundaries except with the consent of the governing authority of the county, city, or other political subdivision wherein the airport is to be located.

The following Committee substitute was read:

A BILL To amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports by municipalities, coun ties, and other political subdivisions, so as to prohibit extraterritorial condemnation of property for an airport by a municipality, county, or other political subdivision without the consent of the governing authority of the municipality or county wherein the property is located or of the General Assembly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Anno tated, relating to acquisition, construction, and maintenance of airports by municipalities, counties, and other political subdivisions, is amended by striking Code Section 6-3-22, relating to methods of acquisition of property for airports and landing fields, in its entirety and inserting in lieu thereof a new Code Section 6-3-22 to read as follows: "6-3-22. Private property needed by a county, municipality, or other political subdi vision for an airport or landing field or for the expansion of an airport or landing field may be acquired by grant, purchase, lease, or other means, if such county, municipality, or other political subdivision is able to agree with the owners of the property on the terms of such acquisition, and otherwise by condemnation in the manner provided by the law under which the county, municipality, or other political subdivision is authorized to acquire real property for public purposes; provided, however, that the power of con demnation may be exercised extraterritorially only with the consent of the governing authority of the county, municipality, or other political subdivision wherein the property is located, as expressed either in a resolution adopted by such governing authority, granting its consent to such condemnation, or by failure of such governing authority to adopt a resolution denying its consent to such condemnation within 60 days from the

2336

JOURNAL OF THE HOUSE,

receipt of a resolution from the proposed condemnor requesting approval of such con demnation, or with the consent of the General Assembly, as expressed in a resolution enacted by the General Assembly, after denial of consent to such condemnation by the governing authority of the county, municipality, or other political subdivision wherein the property is located."
Section 2. 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 SB 173 as follows:
1. By adding on page 1, line 5, immediately after the word "condemnation", the words and punctuation ", acquisition or use".
2. By adding on page 2, line 4, immediately after the word "condemnation", the words and punctuation "and the authority to acquire real property for such purposes by grant, purchase, lease or other means, or to use for such purposes real property not pres ently being so used".
3. By adding on page 2, line 10, immediately following the word "condemnation", and elsewhere thereafter on said page immediately following the word "condemnation" wherever it shall appear, the words and punctuation ", acquisition or use".
4. By striking the word "condemnor" on page 2, line 13, and substituting in lieu thereof the word "applicant".

The following amendment was read and adopted:

Representative Skipper of the 116th moves to amend the Committee substitute to SB 173 as follows:
On line 19, page 2, by deleting the period at the end of the word "located" and insert ing a semicolon after the word "located" and adding after such semicolon the following:
"provided, however, that for any proposed airport or airport expansion by a city into a county where such city is located, or by a county into a city located in such county, the decision of the governing body of the jurisdiction into which such proposed airport or airport expansion is to be located shall be final as to whether or not such power at condemnation may be exercised extraterritorially.

The Committee substitute, as amended, was adopted.

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

Y Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron

Y Barnett.B Harriett,M Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch

Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell

Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Clark.L Y Coker Y Coleman

Y Colwell Y Connell Y Culbreth
Cummings.B Y Cummings.M
Davis.D Davis.G Davis.M Y Dixon.H Dixon.S

WEDNESDAY, MARCH 11, 1992

2337

Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Kloyd.J.M Y FlovcU.W Y Flynt Y God bee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland

Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y' Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Mann Y Martin Y McBee Y McCoy

Y McKelvey Y McKinney.B Y McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag

Y Porter Poston Powell.A
Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley

Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,.) Y Williams.R Y Yeargin
Murphy ,Spkr

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

Representatives Poston of the 2nd, Powell of the 13th and Dixon of the 128th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1763.

By Representatives Benefield of the 72nd, Murphy of the 18th, Lee of the 72nd, Chafin of the 72nd, King of the 72nd and others: A bill to amend Chapter 4 of Title 17 of the Official Code of Georgia Anno tated, relating to arrests of persons, so as to provide the form that shall be used in reporting of family violence incidents; to provide for collection and publication of data; to amend Title 35 of the Official Code of Georgia Anno tated, relating to law enforcement, so as to provide for training in investiga tion of family violence incidents.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux

Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards

Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J

Heard Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D

2338

JOURNAL OF THE HOUSE,

Y Lane.R E Langl'ord Y Lawrence Y" Lawson
Y Lee Y Long Y Lord
Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinnev.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster

Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus

Y Tolhert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,.) Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams,!! 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.

HR 1017.

By Representatives Royal of the 144th and Powell of the 145th:
A resolution consenting to the annexation of certain state owned real prop erty located in Colquitt County into the corporate limits of the City of Moultrie.

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 Abernathy Y Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birds,, ng
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Y Buck Y Buckner
Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Coleman
Y Colwell Y Connell Y Culbreth
Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B
Harris,.]

Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord
Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

WEDNESDAY, MARCH 11, 1992

2339

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1391.

By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Code Section 50-23-5 of the Official Code of Georgia Anno tated, relating to purposes, powers, and duties of the Georgia Environmental Facilities Authority, so as to provide that certain funds of the authority can be used for solid waste loan 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chamhless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.D Y Davis,G Y Davis.M Y Dixon.H
Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 732. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: 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.

2340

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

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, polit ical subdivisions, local authorities, and other local governmental entities for solid waste recycling and other solid waste facilities or systems; to provide that guaranteed revenue debt may be incurred for regional or multijurisdictional solid waste recycling or 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 that such debt may be incurred for a state authority created before, on, or after November 8, 1960; to provide that the proceeds of such debt shall be paid or transferred to and administered or invested by, and the proceeds and investment earnings applied and disbursed by, the unit of state government or the state authority made responsible by law for such activities; to provide that a mutual undertaking by a local governmental entity to borrow and the state or a state authority to lend funds from and to one another for solid waste recycling and other solid waste facilities or systems when authorized by law shall be a provision for services and an activity within the intergovernmental contracts provisions of Article IX, Section III, Paragraph I, subparagraph (a) of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is amended by striking subparagraph (e) and inserting in its place a new subparagraph (e) to read as fol lows:
"(e) General obligation debt in order to make loans to counties, municipal corpora tions, political subdivisions, local authorities, and other local government entities for water or sewerage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste facilities or systems. It shall not be necessary for the state or a state authority to hold title to or otherwise be the owner of such facilities or systems. General obligation debt for these purposes may be authorized and incurred for adminis tration and disbursement by a state authority created and activated before, on, or after November 8, 1960."
Section 2. Said Article VII, Section IV, Paragraph I is further amended by striking subparagraph (f) and inserting in its place a new subparagraph (f) to read as follows:
"(f) Guaranteed revenue debt by guaranteeing the payment of revenue obligations issued by an instrumentality of the state if such revenue obligations are issued to finance:
(1) Toll bridges or toll roads. (2) Land public transportation facilities or systems. (3) Water facilities or systems. (4) Sewage facilities or systems. (5) Loans to, and loan programs for, citizens of the state for educational purposes. (6) Regional or multijurisdictional solid waste recycling or solid waste facilities or systems."
Section 3. Article VII, Section IV, Paragraph VII of the Constitution is amended by striking subparagraph (b) and inserting in its place a new subparagraph (b) to read as fol lows:
"(b) Notwithstanding subparagraph (a) of this Paragraph, proceeds from general obligation debt issued for making loans to local government entities for water or sewer age facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste facilities or systems as provided in Paragraph I(e) of this section shall be paid or transferred to and administered and invested by the unit of state government or state authority made responsible by law for such activities, and the proceeds and investment earnings thereof shall be applied and disbursed by such unit or authority."

WEDNESDAY, MARCH 11, 1992

2341

Section 4. Article IX, Section III, Paragraph I of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph (a) to read as fol lows:
"(a) The state, or any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision of the state may con tract for any period not exceeding 50 years with each other or with any other public agency, public corporation, or public authority for joint services, for the provision of ser vices, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide. By way of specific instance and not limitation, a mutual undertaking by a local government entity to borrow and an undertaking by the state or a state authority to lend funds from and to one another for water or sewerage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste facil ities or systems pursuant to law shall be a provision for services and an activity within
the meaning of this Paragraph."

Section 5. 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 state loans to local government entities for regional or multijurisdictional solid waste recycling and solid waste facilities and systems; to provide that the state may incur general obligation debt to make such loans; to provide that the state may incur guaranteed revenue debt for such facilities or systems; to provide for the investment and application of the proceeds of such debt and of the earnings on its investment and to provide for intergovernmen tal contracts not exceeding 50 years for loan agreements for such pur poses?"

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

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

Y Abernathy Y Adams Y Aiken Y Alt'ord Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Barfferon Y Barnett.B Y Barnelt.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch

Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrel! Y Carter Y Cauthorn Y Chafin Y' Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt

Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris.B Y Harris,.) Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin

Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Mann Y Martin

2342

JOURNAL OF THE HOUSE,

Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M

YOrr Y Orrock
Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend

Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker ,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, by substitute, the ayes were 165, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

HB 1942.

By Representatives Watson of the 114th, Selman of the 32nd and Byrd of the 153rd:
A bill to amend Code Section 10-9-4 of the Official Code of Georgia Anno tated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Congress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alcoholic beverages for consumption on the premises of the projects of or under the control of the authority.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 10-9-4 of the Official Code of Georgia Annotated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Congress Center Author ity, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alcoholic beverages for consumption on the premises of the projects of or under the control of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 10-9-4 of the Official Code of Georgia Annotated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Congress Center Authority, is amended by adding at the end of said Code section a new subsection (e) to read as follows:
"(e) The authority shall have the power to sell or dispense, upon obtaining a license from the Department of Revenue, or to permit others to sell or dispense, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises but only upon and within the territorial limits of property of or under the management and control of the authority. The authority shall not have the power to sell or dispense alcoholic beverages in unbroken packages for the purpose of permitting such unbroken packages to be carried off the premises. The authority shall determine and regulate by resolution, as it may amend from time to time, the conditions under which such sales or dispensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted, including the hours and days during which the sale or dis pensing of alcoholic beverages shall be made or shall be permitted."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

WEDNESDAY, MARCH 11, 1992

2343

Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

V Ahernathy N Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkriim Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates N Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty
Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell N Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D N Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs
Dover Y Dunn Y Edwards N Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J

Heard Y Henson Y Herbert
Holland Y Holmes Y Howard N Hudson Y Irwin Y Jackson Y Jamieson N Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas YMann
Martin Y McBee Y McCoy N McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Poston Y Powell.A Y Powell.C N Presley Y Purcell Randall YRay Reaves Redding Y Ricketson N Royal Y Selman Y Sherrill Y Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson N Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R
Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 140, nays 12. 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.

Representative Connell of the 87th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1181.

By Representatives Ray of the 98th, Edwards of the 112th and Watson of the 114th: A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, the "Litter Control Law," so as to change provi sions relating to prima-facie evidence and presumptions in littering cases; to change provisions relating to unauthorized interference with publicly pro vided trash or garbage containers.

2344

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL To amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, the "Litter Control Law," so as to to change provisions relating to unautho rized interference with publicly provided trash or garbage containers; to prohibit the removal of any items from any container or facility provided by any county for the dump ing of trash or garbage; 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. Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, the "Litter Control Law," is amended by striking Code Section 16-7-47, relat ing to regulating use of trash and garbage containers and facilities, and inserting in its place a new Code section to read as follows: "16-7-47. (a) As used in this Code section, the term 'household garbage' means ani mal, vegetable, and fruit refuse matter and other refuse matter ordinarily generated as by-products of a household or restaurant, such as tin cans, bottles, paper, cardboard, plastics, and wrapping or packaging materials. (b) The governing authority of each county of this state which provides containers for the dumping of trash or garbage therein shall be authorized to designate any or all such containers as being suitable for the dumping therein of household garbage only. If a container is clearly marked 'household garbage only,' it shall be unlawful for any per son to dump any refuse or other material into the container other than household gar bage. (c) (1) It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any con tainers or facilities provided by any county for the dumping of trash or garbage.
(2) It shall be unlawful for any person to remove any item from any container or facility provided by any county for the dumping of trash or garbage; provided, how ever, that this paragraph shall not apply with respect to any removal authorized by the county. (d) Any person who violates subsection (b) or (c) of this Code section shall be guilty of a misdemeanor." Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker N Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beattv Y Benefield
Birdsong Y Blitch Y Bordeaux

Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell V Cantv Y Carrell Y Carter N Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs
Dover Y Dunn Y Edwards

Y Elliott Y Felton
Fennel Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Hamilton Y Hammond Hanner Y Harris.B Y Harris.J

Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D

WEDNESDAY, MARCH 11, 1992

2345

Y Lane.R K Langford Y Lawrence Y' Lawson
YLee Long
Y Lord Lucas
Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milan]

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Oliver.C Y Oliver.M YOrr
Y Orrock
Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster

Y Pinkston Y Poag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley
Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus

Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson
Watts N White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Heard of the 43rd and Birdsong of the 104th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1873.

By Representatives Kilgore of the 42nd and Watson of the 114th:
A bill to amend Article 3 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to the special quick start training program, so as to change the provisions relating to the establishment of such program and the purposes 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 Ahernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell

Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt

Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D

Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord
Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y7 Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Oliver.C Oliver.M Y Orr Y Orrock Y Padgett Y Parham

Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre

2346

JOURNAL OF THE HOUSE,

Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor

Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus

Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan

Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White

Y Wilder Y Williams.B Y Williams.J Y Williams.R
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.

Representatives Heard of the 43rd and Yeargin of the 14th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1904.

By Representatives Jackson of the 9th, Colwell of the 4th and Benefield of the 72nd: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess weight and dimensions, so as to prohibit the issuance of permits for loads in excess of 12 feet wide if the load may be readily dismantled or separated.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to dimensions and weights of vehicle loads, so as to change the provisions relating to the length allowed for automobile carriers; to prohibit the issuance of permits for loads in excess of 12 feet wide if the load may be readily dismantled or separated; to authorize the return of a tractor or low boy trailer which may exceed the length limitations to its point of origin; to provide for miscellaneous permits for loads not specifically covered by the categories specified in the permit law; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to dimensions and weights of vehicle loads, is amended by striking para graph (3) of subsection (b) of Code Section 32-6-24, relating to length of vehicles and loads, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Vehicles transporting motor vehicles (commonly known as automobile carriers) shall not exceed 65 feet in length and shall not carry a load exceeding 65 feet in length; provided, however, an automobile carrier with a stinger steered unit shall be allowed a maximum length of 75 feet exclusive of overhang. However, subsection (a) of this Code section, which provides that no trailer shall exceed 48 feet in length, shall not apply to automobile carriers."
Section 2. Said article is further amended by striking subparagraph (a)(l)(A) of Code Section 32-6-28, relating to permits for excess weight and dimensions, in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) The commissioner or an official of the department designated by the commis sioner may, in his discretion, upon application in writing and good cause being shown therefor, issue a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law, provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; and provided, further,

WEDNESDAY, MARCH 11, 1992

2347

that no permit shall be issued to any vehicle whose operation upon the public roads of this state threatens to unduly damage a road or any appurtenance thereto, except that the dismantling limitation specified in this Code section shall not apply to loads which consist of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet or of round bales of hay that do not exceed a width of 11 feet and which are not moved on part of the National System of Interstate and Defense Highways. However, vehicles transporting portable buildings and vehicles not exceeding 65 feet in length transporting boats on roads not a part of the National System of Interstate and Defense Highways, regardless of whether the nature of such buildings or boats is such that they can be readily dismantled or separated, may exceed the lengths and widths established in this article, provided that a special permit for such purposes has been issued as pro vided in this Code section, but no such special permit shall be issued for a load exceed ing 12 feet in width when such load may be readily dismantled or separated."

Section 3. Said article is further amended by striking subparagraph (c)(l)(B) of Code Section 32-6-28, relating to permits for excess weight and dimensions, in its entirety and inserting in lieu thereof a new subparagraph (B) to read as follows:

"(B) For heavy equipment:

(i) Overweight, overlength, or overwidth.................................................. 100.00

(ii) Overheight (any equipment)...................................................................

50.00

A tractor and trailer (low boy type) may, after depositing a load referred to in this subparagraph, return to its point of origin even though the unloaded tractor and trailer (low boy type) may exceed the 60 foot limitation provided for in Code Section 32-6-24, up to and including 12 feet wide and 75 feet long, provided that the unloaded tractor and trailer (low boy type) referred to in this subparagraph may not be operated on the National System of Inter state and Defense Highways;"

Section 4. Said article is further amended by striking subparagraph (c)(3)(C) of Code Section 32-6-28, relating to permits for excess weight and dimensions, in its entirety and inserting in lieu thereof a new subparagraph (C) to read as follows:

"(C) Miscellaneous:

(i) Houses.......................................................................................................

20.00

(ii) Off-road equipment.................................................................................

5.00

(iii) Timber, structural members, poles, and piling over 75 feet long .....

5.00

(iv) Other Any other oversized loads not herein specified whether or

not such load is in a specific category covered by this Code

section.....'..............................................................................................

20.00

(v) Other overheight loads not herein specified ................................................. 5.00"

Section 5. All laws and parts of laws in conflict with this Act are repealed.

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

Y Abernathy Y Adams Y Aiken

Y Alford Y Ashe Y Atkins

Y Baker Y Balkcom Y Barfoot

Y Bargeron Y Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield

2348

JOURNAL OF THE HOUSE,

Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M

Y Dixon.H Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y HarrisJ Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas YMann
Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller

Oliver.C Y Oliver.M Y Orr
Orrock Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith.L Y Smith.P

Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R 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 substi tute.

HB 1828. By Representative Parham of the 105th: A bill to amend Code Section 37-4-40 of the Official Code of Georgia Anno tated, relating to the filing of petition with court for according of program of services to a mentally retarded person, so as to change the provisions relating to when the comprehensive evaluation team is required to file its report.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 1828 by adding on line 17 of page 1 between the word "and" and the word "holidays" the word "legal".

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron

Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch

Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell

Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon,S

WEDNESDAY, MARCH 11, 1992

2349

Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y FloydJ.W
Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y' Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,.!
Y Heard Y Henson Y Herbert Y Holland

Y Holmes Howard
Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord
Lucas Y Mann
Martin Y McBee
Y McCoy

Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag

Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith,?
Smith.T Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley

Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan
Y Walker.J Y Walker.L Y Wall Y Watson
Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

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

HB 1871.

By Representatives Cummings of the 17th, Smith of the 16th, Kilgore of the 42nd, Watson of the 114th, Watts of the 41st and others: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide that American sign language shall be considered to be a foreign language for the purposes of fulfilling the requirements of the college preparatory curriculum.

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 and secondary education, so as to provide that American Sign Language shall be accepted as a foreign language for certain students for the purposes of fulfilling the requirements of the college preparatory curriculum; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Code Section 20-2-151.1 to read as follows: "20-2-151.1. For the purpose of fulfilling the foreign language requirements for a col lege preparatory curriculum seal of endorsement on a. high school diploma, a demon strated proficiency in American Sign Language shall be accepted as a foreign language if it is determined that a deaf student has a hearing loss which significantly impacts upon the student's ability to learn a foreign language. The Individualized Education Plan Committee may then determine that American Sign Language can substitute for the foreign language requirements for the college preparatory seal of endorsement for a high school diploma, and it shall be so accepted by all local boards of education and the State Board of Education. A demonstrated proficiency in American Sign Language shall be accepted as the equivalent of the required two units of a foreign language."

2350

JOURNAL OF THE HOUSE,

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

V Abernathy V Adams Y Aiken Y Allord Y Ashe Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bustick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Caulhorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goudwin E Green
Y Greene Y Griffin Y' Groover Y Hamilton Y' Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord
Lucas Y Mann
Martin Y McBee Y McCoy Y' McKelvey Y McKinney.B Y McKinney,C \' Meadows Y Merritt Y Milam

Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y' Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y' Smyre Y Snow Y Stancil.K Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y" Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker.J Y Walker.L
Y Wall Y Watson
Y Watts Y White Y Wilder Y Williams.B Y Williams,,! Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 431. By Senators Ragan of the 10th, Perdue of the 18th, Foster of the 50th and others:
A resolution creating the special Study Commission on Postsecondary Tech nical and Adult Education Finance.

WEDNESDAY, MARCH 11, 1992

2351

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

SR 431. By Senators Ragan of the 10th, Perdue of the 18th, Foster of the 50th and others: A resolution creating the special Study Commission on Postsecondary Tech nical and Adult Education Finance.
Referred to the Committee on Rules.

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

HB 1756.

By Representatives Byrd of the 153rd, Patten of the 149th and Bargeron of the 108th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to revise the provi sions relating to junk or metal dealers; to provide for the regulation of secondary metals recyclers and the sale, transfer, possession, or disposition of regulated metal property.

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

Y Abernathy V Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Batkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bustick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y' Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon,S Y Dobbs
Dover Dunn Y Edwards Y Elliott Y Kelton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord
Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver,M Y Orr Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield

On the passage of the Bill, the ayes were 158, nays 0.

Y Skipper Y Smith,L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,.] Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,.] Y Williams.R Y Yeargin
Murphy.Spkr

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

HB 1439.

By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to substantially revise Chapter 9, "The Georgia Air Quality Act of 1978," so as to define certain terms.

The following Committee substitute was read and adopted:

A BILL To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to substantially revise Chapter 9, "The Georgia Air Quality Act of 1978," so as to define certain terms; to provide certain powers of the Board of Nat ural Resources; to provide certain powers of the director of the Environmental Protection Division of the Department of Natural Resources; to delete certain factors to be considered in certain decisions of the director relating to air quality; to provide for a system of field citations for certain violations; to provide for appeals; to provide for matters relative to applications for certain facilities and equipment; to provide for matters relative to such permits; to provide for the renewal of such permits; to provide for certain notices relating to such applications; to delete certain provisions relative to investigations of certain viola tions; to delete certain provisions relative to the compliance with such chapter; to autho rize the director to issue certain orders relative to violations of such chapter; to provide for matters relative to administrative hearings; to delete certain statements of legislative intent; to provide penalties for certain violations; to provide for certain affirmative defenses; to provide for the implementation of a small business stationary source technical and environmental compliance program; to provide for the design of such program; to pro vide for a small business stationary source technical and environmental compliance office; to provide for a manager of such office; to provide for a small business stationary source technical and environmental compliance advisory panel; to provide for membership and functions of such panel; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conserva tion and natural resources, is amended by striking in its entirety Chapter 9 and inserting in lieu thereof a new Chapter 9 to read as follows:
"CHAPTER 9 12-9-1. This chapter shall be known and may be cited as 'The Georgia Air Quality Actef W?8.' 12-9-2. It is declared to be the public policy of the State of Georgia to preserve, pro tect, and improve air quality and to control emissions to prevent the significant deterio ration of air quality and to attain and maintain ambient air quality standards so as to safeguard the public health, safety, and welfare consistent with providing for maximum employment and full industrial development of the state. 12-9-3. (a) As used in this chapter, the term:
(1) 'Administrator' means the administrator of the United States Environmental Protection Agency.
(2) 'Air-cleaning device' means any method, process, or equipment which removes, reduces, or renders less noxious air contaminants discharged into the atmosphere.
(3) 'Air contaminant' means solid or liquid particulate matter, dust, fumes, gas, mist, smoke, or vapor or any matter or substance either physical, chemical, biological, radioactive; (including without limitation source material, special nuclear material, and by-product material), or any combination of any of the above.

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(4) 'Air pollution' means the presence in the outdoor atmosphere of one or more air contaminants.
(5) 'Ambient air' means that portion of the atmosphere external to facilities to which the general public has access.
{6} (6) 'Area of the state' means any city or county or portion thereof or other sub stantial geographical area of the state as may be designated by the division.
{6} (7) 'Board' means the Board of Natural Resources of the State of Georgia. (8) 'Compliance plan' means a plan which outlines the methods, procedures, or other means by which the owner, operator, or applicant intends to achieve or maintain compliance with the requirements of this chapter or the rules and regulations promul gated pursuant to this chapter. {7} (9) 'Construction' means any fabrication, erection, or installation and includes any modification as defined in paragraph {29} (22) of this Code section. \c>) JjGlsycQ compliflRCC order mcsfts sn orticr issued oy tftc director uncreF t/ydG Section 12-9-12, or by the administrator under 42 U.S.C. Section 7413(d), te a- station toy source, postponing the elate required by this chapter for compliance -by such source with any requirement ef ef established pursuant te; er continued in effect fey-,
tfll3 CllflpteT.
(10) 'Control measure' means any equipment, device, process, procedure, material, or method used to reduce emissions from a source in such a manner that the emission reduction can be verified by the director.
(9) (11) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources of the State of Georgia or his designee.
{10} (12) 'Division' means the Environmental Protection Division of the Department of Natural Resources of the State of Georgia.
{W} (13) AH language referring te 'effects 'Effects on welfare' includes, but is not limited to, effects on soils, water, crops, vegetation, man-made materials, animals, wildlife, weather, visibility, and climate, damage to and deterioration of property, pub lic safety, and hazards to transportation, as well as effects on economic values or development and on personal comfort and well-being.
{12} (14) 'Emission' or 'emitting' means any discharging, giving off, sending forth, placing, dispensing, scattering, issuing, circulating, releasing, or any other emanation of any air contaminant or contaminants into the atmosphere.
{13} (15) 'Emission limitation' and 'omission standard' mean means a requirement established which limits the quantity, rate, type, or concentration of emissions of air contaminants en a continuous basis, including all means of emission limitation, sup plemental or intermittent means of emission limitation, and any requirement relating to the equipment or operation or maintenance of a source to assure continuous emis sion reduction.
(16) 'Emission offset' means a requirement providing for a proportional decrease in the emissions of a quantity or type of air contaminant from a source, facility, or area of the state in order to compensate or counteract the effects of an emission increase from such source, facility, or area of the state.
(17) 'Facility' means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any air contaminants.
{14} (18) 'Federal act" means 42 U.S.C. Section 7401, et seq., as amended. <-t&} (19) 'Indirect source ef facility' means a source or facility which attracts or tends to attract activity that results in emission of any air pollutant for which there is an ambient air standard. (16) Except as otherwise expressly provided, the terms 'major stationary source' and major emitting facility mean any stationary tacility of source er air pollutants wnicn emits; ef nas tnc potential te emit, luu tons per year ef more ^w any air pollutant

pollutant); whether such source is an existing facility, a new facility, er a facility which i ene ef more modifications.

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(20) 'Manager' means the person appointed, employed, or delegated to the position of small business stationary source technical and environmental compliance office manager.
ft?) (21) 'Means of emission limitation' means a system of continuous emission reduction, including the use of specific technology or fuels with specified pollution characteristics.
ft8) (22) 'Modification' means any change in or alteration of fuels, processes, opera tion, or equipment, including any chemical changes in processes or fuels, which affects the amount or character of any air pollutant emitted or which results in the emission of any air pollutant not previously emitted. No source shall, by reason of a change which decreases emissions, become subject to the new source performance standards of 42 U.S.C. Section 7411, unless required by the federal act. This definition does not apply where the word 'modification' is used to refer to action by the director, division, or Board of Natural Resources in modifying or changing rules, regulations, orders, or permits. In that context the word has its ordinary meaning.
fH>) (23) 'Person' means any individual, corporation, partnership, association, state, municipality, or political subdivision of a state, and any agency, department, or instru mentality of the United States government, or any other entity, and any officer, agent, or employee of any of the above.
f26) (24) 'Schedule and timetable of compliance' means a schedule of remedial mea sures including an enforceable sequence of actions or operations leading to compliance with an emission limitation, other limitation, prohibition, or standard.
(25) 'Small business advisory panel' means the small business stationary source technical and environmental compliance advisory panel created by Code Section 12-9-25.
(26) 'Small business stationary source or facility' means an entity that: (A) Is owned or operated by a person employing 100 or fewer individuals; (B) Is a small business under the federal Small Business Act; (C) Does not emit 50 tons or more per year of any regulated pollutant; and (D) Emits less than 75 tons per year of all regulated pollutants and does not
qualify as a major stationary source. (2-t) (27) 'Source' ef 'facility' means any property, source, facility, building, struc ture, location, equipment, or installation at, from, or by reason of which emissions of air contaminants are or may reasonably be expected to be emitted into the atmo sphere. Such terms include term includes both real and personal property, stationary and mobile sources er facilities, and direct and indirect sources of facilities, without regard te ownership, and both public or private property. (22-) (28) 'Standard of performance' means a requirement of continuous emission reduction, including any requirement relating to the equipment, operation, or mainte nance of a source to assure continuous emission reduction. A standard of performance for any fossil-fuel-fired stationary source subject to 42 U.S.C. Section 7411(b) must also produce and result in a percentage reduction in the emissions from such category of sources from the emissions which would have resulted from the use of fuels which are not subject to treatment prior to combustion, as required by 42 U.S.C. Section
(29) 'Stationary source' means any source or facility emitting, either directly or indirectly, from a fixed location.
f33) (30) 'Supplemental or intermittent means of emission limitation' means all other means of emission limitation other than systems of continuous emission reduc tion and includes all dispersion dependent techniques.
(31) 'Title V permit' means a permit issued by the director which is subject to the permitting requirements and procedures for such permits pursuant to this chapter and the regulations promulgated pursuant to this chapter and in accordance with the fed eral act, 42 U.S.C. Section 7661, et seq., as amended, and the rules and regulations promulgated pursuant thereto. (b) The following terms shall have the same meaning as provided for such terms m the federal act:

WEDNESDAY, MARCH 11, 1992

2355

(1) Hazardous air pollutants; (2) Major stationary source; (3) Mobile source; and (4) Implementing authority. 12-9-4. The division is designated as the state agency to administer this chapter con sistent with the policy stated in Code Section 12-9-2. 12-9-5. (a) Any hearing officer appointed by the Board of Natural Resources, and all members of five-member committees of the Board of Natural Resources, shall, and at least a majority of members of the entire Board of Natural Resources shall, represent the public interest and shall not derive any significant portion of their income from per sons subject to permits or enforcement orders under this chapter. All potential conflicts of interest shall be adequately disclosed. (b) In the performance of its duties, the Board of Natural Resources shall have and may exercise the power to: (1) Adopt, promulgate, revise, modify, amend, and repeal rules and regulations necessary to abate or control air pollution, or necessary to implement any of the provi sions of this chapter or requirements of the federal act imposed on the state as an implementing authority, consistent with the declaration of public policy. Such require ments may be for the state as a whole or may vary from area to area, as may be appropriate to facilitate accomplishment of the policy of this chapter; (2) Establish ambient air quality standards for the state, including schedules and timetables for the state to achieve such ambient air quality standards provided that they are in all cases not less stringent than provided by the federal act; (3) Establish such standards of performance, er emission limitations^ or standards emission control standards, and emission offsets for sources; or facilities as are neces sary to prevent, control, or abate air pollution, to attain and maintain ambient air quality standards, to protect the public health and welfare, and to fulfill the policy of this chapter, provided that such standards or limitations are no less stringent than the federal act; (4) Establish contingency provisions, alternative methods, and control measures sufficient to comply with the federal act which will be implemented should the state fail to attain or maintain an ambient air quality standard in the state or in any area of the state in accordance with this chapter and the rules and regulations promulgated pursuant to this chapter; (5) Establish emission reduction measures which are appropriate, necessary, or beneficial in meeting the provisions of this chapter, including, but not limited to, eco nomic incentives, fees, marketable permits, emission allowances, and auctions of emis sion rights; (4) (6) Require the owner or operator of any stationary air pollution source or facility to establish and maintain such records; provide such information or make such reports; install, use, and maintain such emission or process monitoring equipment or methods, continuous or otherwise; and sample such emissions; continuous or not, in accordance with such methods or procedures, at such locations or intervals as reason ably may be required to implement this chapter, and make such records, reports, information, or monitoring results available to the director or administrator upon request, provided that no requirement under this paragraph shall be any less stringent than the federal act; iff) (7) Require the use of air-cleaning devices2 ef means of emission limitation, (whether continuous, supplemental, or intermittent), or require control measures and standards of performance so as to achieve and maintain compliance with standards ofpcrformancc the provisions of this chapter and the federal act; { } (8) Prevent the significant deterioration of the air quality by establishing air quality standards or air quality increments limiting the maximum allowable increases the amount amounts of air pollutants-,- or air contaminants which a source or facility is allowed to emit; provided; however, that such limits are sufficient to comply with
if* 42 TJ S C Section 747fv

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(?) Allow the construction ef new major stationary sources ef modifications in

requirements and appropriate emissions offsets or reductions ne less stringent than the requirements of the federal act;
(S) Require prcconstruction or premodification review procedures prior to the eenstruction of &ny new sifltionsfy source or moult icfttion ot 8ny existing ststionory source sufficient te allow the director te make determinations that the proposed een-
ta4n ay ambient tar quality standard, a significant deterioration of- a quality, of et violst>ion ot o.ny flppitcftoie emission liro.it/stion OP 9t8n t8Pd of periormQnce 5 Qno to require that prior te commencing construction er modification, any person proposing such construction ef modification shall submit required information to the director. Such prcconstruction and premodification review requirements shall be TO less stringent tnan, and snail require tnat no proposed source may we permitted unless sucn source meets, all tnc requirements tor review and lor obtaining a permit prcscri ocd j~ TitIG i~ Part C and Part D of the federal act and Section 129(q) of P T, H5-95
(9) Establish standards of performance, emission limitations, and emission control standards and control measures for mobile sources of air pollution and nonroad engines, provided that no requirement under this paragraph shall be less stringent than those contained in the federal act;
(10) Establish, revise, or modify emission limitations, emission control standards, or control measures for stationary sources or facilities in areas of the state where such sources or facilities significantly contribute to nonattainment of an ambient air quality standard or significantly contribute to a significant deterioration of air quality in the state, an area of the state, or another state; provided, however, that no requirement under this paragraph shall be less stringent than the requirements for such source or facility under this chapter and the rules and regulations promulgated pursuant to this chapter;
(11) Establish, revise, modify, and amend emission limitations, emission control standards, or standards of performance limiting the total quantity of air contaminants or emissions which may be emitted by a source, facility, or area of the state;
(12) Establish a program for prevention and mitigation of accidental releases of hazardous air contaminants or air pollutants into the ambient air or within a facility; establish, revise, amend, and modify rules and regulations for program implementa tion; and require reasonable precautionary and response measures to safeguard public health and public safety including, but not limited to, monitoring hazardous or poten tially hazardous air contaminants and air pollutants, record keeping, inspection, con trol measures, safety procedures, emergency response procedures, training, prevention planning, education, emission control standards, emission limitations, and other neces sary safety measures; and the board may require any source or facility subject to this paragraph to obtain a Title V permit;
(13) Establish training and educational programs to ensure the proper operation and utilization of emission control equipment, safety procedures, emission control alternatives, and the dissemination of air quality information to the public;
(14) Establish standards for the construction of new stationary sources or facilities or modification of an existing source or facility in areas where the national ambient air standards are not met or in other areas contributing to the air pollution of such areas only after imposing requirements and appropriate emission offsets or reductions no less stringent than the requirements of the federal act;
(15) Establish requirements for preconstruction or premodification review proce dures prior to the construction of any new stationary source or facility or modification of any existing stationary source or facility sufficient to allow the director to make determinations that the proposed construction or modification will not cause or con tribute to a failure to attain or maintain any ambient air quality standard, a signifi cant deterioration of air quality, or a violation of any applicable emission limitation

WEDNESDAY, MARCH 11, 1992

2357

or standard of performance; and to require that prior to commencing construction or modification, any person proposing such construction or modification shall submit required information to the director. Such preconstruction and premodification review requirements shall be no less stringent than and shall require that no proposed source or facility may be permitted unless such source or facility meets all the requirements for review and for obtaining a permit prescribed in this chapter and in accordance with the federal act;
(16) Establish a program to reduce the adverse effects of acid deposition through the reduction of annual emissions of sulfur dioxide and nitrogen oxides within the state sufficient to comply with the requirements of 42 U.S.C Section 7651, et seq., of the federal act; and
{9} (17) Establish satisfactory processes of consultation and cooperation with general-purpose local governments; or other designated organizations of elected offi cials; or federal land managers, agencies for the purposes of planning, implementing, and determining requirements under this chapter; to the extent required by the fed eral act. 12-9-6. (a) The director shall represent the public interest and shall not derive a significant portion of his income from persons subject to rules, regulations, permits, or orders under this chapter. Any potential conflict of interest shall be adequately dis closed, (b) The director shall have and may exercise the following powers and duties:
(1) To exercise general supervision over the administration and enforcement of this chapter and all rules, regulations, and orders promulgated under this chapter;
(2) To encourage, participate in, or conduct such studies, reviews, investigations, research, emission inventories, and demonstrations relating to air quality or sources of air pollution in this state as he deems advisable and necessary or as may be required by the federal act and to provide any data or information obtained from such activi ties to the administrator;
(3) To issue permits contemplated by this chapter, stipulating in each permit the conditions or limitations under which such permit is issued, and to deny, revoke, mod ify, or amend permits;
{4) Te make investigations, analyses, and inspections te determine and cnaurc compliance with this chapter, rules and regulations effective pursuant hereto, tatd any
(4) To establish, implement, revise, and amend permit application criteria, forms, procedures, and requirements consistent with this chapter;
(5) To establish expedited procedures to respond to requests from small business stationary sources for changes in any work practice or technical method of compliance or schedule of milestones for implementing such work practice or method of compli ance preceding any applicable compliance date, based on the technological and finan cial capability of any such small business stationary source or facility; provided, however, that no such change shall be granted unless it is in compliance with the applicable requirements;
46) (6) To advise, consult, cooperate, and contract on air quality matters with other agencies ef- the state, political subdivisions thereof, or other designated organize-
enter persons for purposes of carrying out the powers and duties conferred upon the director pursuant to this chapter; provided, however, that when negotiating and enter ing into agreements with the governments of other states ad or the United States and their several agencies, subdivisions, or designated organizations of elected officials the director shall first obtain the approval of the Governor;
{&) (7) To conduct such public hearings as he deems necessary for the proper administration of this chapter;
(?) (8) To collect and disseminate information and to provide for public notifica tion in matters relating to air quality;
(9) To collect fees, assessments, penalties, or other payments provided for by this chapter;

JOURNAL OF THE HOUSE,
(8) (10) To issue orders as may be necessary to enforce compliance with this chap ter and all rules and regulations effective hereundcr promulgated pursuant to this chapter;
(9) 11) To institute, in the name of the division, proceedings of mandamus, injunc tion, or other proper administrative, civil, or criminal proceedings to enforce the provi sions of this chapter;
(10) (12) To exercise all incidental powers necessary to carry out the purposes of this chapter and to accept and administer grant funds;
(H) (13) To prepare, develop, amend, modify, submit, and enforce a comprehensive plan or plans sufficient to comply with the federal act (including emission control and limitation requirements, standards of performance, preconstruction review, and other requirements) for the prevention, abatement, and control of air pollution in this state, for the prevention of significant deterioration of air quality, for protection against haz ardous air pollutants, and for the achievement and maintenance of ambient air quality standards; and
(i) (14) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter; j and
(15) To receive, accept, hold, use, and administer on behalf of the state and for pur poses provided in this chapter gifts, grants, donations, devises, and bequests of real, personal, and mixed property of every kind and description. (c) The powers and duties described in this Code section may be exercised and per formed by the director through such duly authorized agents and employees as he deems necessary and proper.
ered enly te the extent consistent with the federal aet^ and considerations ef costs and shall be subordinate te considerations ef public health. These factors
and characteristics of air contaminants and the duration ef- their IJIG fltmospnere wnien msy cftuse sir pollution tfl ft pflfiicuisr ores ot tne
Existing physical conditions and topography; Prevailing wind directions and velocities; f4) Temperatures and temperature- in version periods, humidity, and other atmo spheric conditions; {&) Possible chemical reactions between air contaminants er between seh contami nants and to? gases, moisture, er sunlight; (6) The predominant character ef- development ef- the area ef- the state, such as residential, highly developed industrial, commercial, er other characteristics; (?) The question ef priority ef- location k the area involved; (&) Availability ef air-cleaning devices and means ef emission limitation; (9) Economic feasibility ef- such devices and mcana; (10) Effect en normal human health ef particular air contaminants;
on ciiicicncy or industrial operations resulting trom use er air cleaning Of means ef emission limitation;
particular air contaminant; (13) Interference with the reasonable enjoyment ef life fey persons in the area and
the conduct ef established enterprises which can reasonably fee expected from air con taminants;
\ 14) l ne volume er air contaminants emitted irom a particular class et air contami* nant source;
nomic value ef the source ef air contaminants; (16) The maintenance ef- public enjoyment ef the state's natural resources; and (17) Other factors which the Board ef Natural Resources er director may find oppli-
rnblc

WEDNESDAY, MARCH 11, 1992

2359

12-0-8. 12-9-7. (a) No person shall, and it shall be unlawful and a violation of this chapter to, construct, install, modify, own, or operate any stationary facility or station ary source or any equipment, device, article, or process capable of causing or contribut ing to the emission of air contaminants from such source or facility or designed to prevent air pollution from such sources facility or source unless permitted by and in compliance with a permit from the director. Aft application for a permit shall be submitted tft sucn manner and form as tno director may prescribe. A permit snail De issued to an applicant on evidence satisfactory to the director of compliance with this chapter and any standards, limitations, requirements, or rules and regulations pursuant to this chapter. Notwithstanding any other provision of this chapter, the director shall not issue a Title V permit to a facility or source if the administrator objects in writing and in a timely manner to the issuance of such permit.
fb) The director may require that applications for such permits shall be accompanied by plans, specifications, ad such other information as he deems necessary te make a determination ef compliance with this chapter ana rules or regulations pursuant te this
(b) Applications for permits shall be submitted in such manner, on such forms, and contain such information as the director prescribes and which he deems necessary to make a determination of compliance with this chapter and the rules and regulation promulgated pursuant to this chapter. The director may develop and require the use of standard application forms and establish evaluation criteria for expediently determining the completeness of such applications; provided, however, that the director at a mini mum shall establish forms and criteria necessary to comply with the federal act. In addi tion to any other criteria established by the director, all permit applications shall be accompanied by:
(1) A compliance plan containing such schedules, reports, plans, documentation, and other information as may be required by the rules or regulations promulgated pursuant to this chapter and such additional information as the director may require to demonstrate a source's or facility's compliance or proposed compliance with the requirements of this chapter and the rules and regulations promulgated pursuant to this chapter; and
(2) Any and all applicable fees for processing the permit application and any other fee which the source or facility must pay pursuant to this chapter. (c) Permits shall be issued as follows:
(1) Title V permits shall be issued for a fixed term not to exceed five years, except where a shorter term is provided for by this chapter or the rules and regulations promulgated to this chapter. A single permit may be issued for a facility with multiple sources of air contaminants; provided, however, that the permit requires each source to comply with this chapter and the rules and regulations promulgated pursuant to this chapter;
(2) Permits issued by the director in accordance with 42 U.S.C. Section 7651, et seq. to reduce the adverse effects of acid deposition through the reduction of annual emissions of sulphur dioxide and nitrogen oxides within the state shall be for a fixed term of five years;
(3) Permits issued for solid waste combustion incinerators shall be issued for a fixed term of 12 years. The director shall review the permit every five years to deter mine if such permit needs to be amended, revised, or modified;
(4) The board may provide by rule or regulation authority for the director to issue, after notice and opportunity for public hearing, a general permit covering numerous similar sources. Any general permit shall comply with all requirements applicable to permits under 42 U.S.C Section 7661, et seq. as amended, and the rules and regula tions promulgated thereto. No facility or source covered by a general permit shall be relieved from the obligation to file an application pursuant to the requirements of this chapter; and
(5) All other permits shall be issued for a term as provided for by this chapter and the rules and regulations promulgated pursuant to this chapter. (d) The director shall provide to the administrator a copy of each Title V permit proposed to be issued and issued as a final permit.

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4e} (e) The director may revoke, suspend, modify, or amend any permit issued, for cause, including but not limited to the following:
(1) Violation of any condition of such permit or failure to comply with a final order of the director;
(2) Failure to comply with any applicable rules or regulations in effect pursuant to this chapter;
(3) Obtaining a permit by misrepresentation, er failure to disclose fully all relevant facts, ef failure to inform the division of modifications affecting emissions^ or failure to inform the division of changes in operation which affect emissions and which are required to be reported to the division pursuant to this chapter and the rules and reg ulations promulgated pursuant to this chapter; or
(4) Modifications which affect emissions. {4) In the event ef modification, amendment, suspension, er revocation ef a permit, tfte director snail serve written notice of sucn action OR tne permit noider flnu snail set
\e/ JKo99C99ion o an approved permit snail not "oe construed so as TO relieve flny pep*
perioFmance OF witn soy other provision OT tins chapter OF ruies OF regulations sdopted pursuant to OP tft elleet tinder wits cnapteF, except fts may i&e specit icany provided ~tft such permit.
(f) Any permit issued fey the director, OF any modification, revocation, suspension, OF amendment of ft permit, sfiatI oecome rinai unless a petition IOF nearinjif ttt accordanee with Cede Section 12-9-15 ia fitedr
(f) The director may amend or modify any permit issued, for cause, including but not limited to the following:
(1) Modifications which affect emissions; or (2) Application by the permittee requesting modification or amendment of the permittee's permit. (g) Except as provided elsewhere in this chapter, possession of an approved Title V permit shall constitute compliance with the applicable emission limitations or standards of performance or rules and regulations or with any other provision of this chapter or rules or regulations adopted pursuant to or in effect under this chapter, to the extent specifically enumerated and provided in such permit. (h) Any permit issued by the director or any modification, revocation, suspension, or amendment of a permit shall become final unless a petition for hearing is filed in accordance with Code Section 12-9-15. (i) Failure by the director to make a decision to issue, deny, or review a permit within 18 months from the date a completed permit application is received shall be con sidered a refusal to issue, and the permittee may request review in accordance with Code Section 12-9-15. If the permittee does not request such review within 30 days after the expiration of such 18 month period, the permit shall be denied as a final agency action; provided, however, that for initial permit applications submitted pursuant to subsection (j) of this Code section, the director shall have three years from the submission deadline to process and issue or deny all completed permit applications. Of the completed appli cations submitted pursuant to subsection (j) of this Code section the director shall, at a minimum, process one-third of the applications in the first year, one-third of the applications in the second year, and the remaining applications in the third year. Ci) Every person in possession of an air quality permit issued pursuant to this chap ter prior to July .Ij 1992, and who js required to obtain a Title V permit and any person without such permit who has or intends to construct, install, modify, own, or operate any stationary facility or source or any equipment, device, article, or process capable of causing or contributing to the emission of air contaminants from such source or designed to prevent air pollution from said source and which is required to obtain a Title V per mit shall submit a completed permit application pursuant to this chapter to the director within one year after the date this chapter and the rules and regulations promulgated pursuant to this chapter are approved by the administrator as complying with the federal act.

WEDNESDAY, MARCH 11, 1992

2361

12-9-8. (a) Upon proper application, the director may renew, revise, modify, amend, or reissue a permit for an additional term.
(b) If an application for permit renewal has not been denied or a renewal permit issued by the date the current permit expires or if issuance or denial of the permit renewal is contested pursuant to Code Section 12-9-15 and administrative or judicial review has not resulted in a final determination by the date the current permit expires, the conditions of the current permit shall remain binding and enforceable until such time as a final determination on the permit renewal is issued.
12-9-9. (a) Upon receipt of a completed application for issuance of a Title V permit or a Title V permit modification, amendment, or renewal and as otherwise provided by rule or regulation, the director shall:
(1) Require a public notice to be published in a paper of general circulation in the county in which the source or facility proposes to operate notifying the citizens that an application for a permit has been received and providing the public with an oppor tunity to request a public hearing and submit public comment. All such notices shall include a brief description of the proposed activity. Responsibility for publishing such notice shall rest with the applicant;
(2) Transmit to the administrator a copy of the application or such portion thereof as the administrator may require to review the application and to carry out the administrator's responsibility under the federal act; and
(3) Notify all states whose air quality may be affected and that are contiguous to the state or that are within 50 miles of the source of each permit application or pro posed permit forwarded to the administrator under this Code section. The director shall provide an opportunity for such states to submit written recommendations respecting the issuance of the permit and its terms and conditions. If any part of those recommendations are not accepted by the director, the director shall notify the state submitting the recommendations and the administrator in writing of the direc tor's reasons for not accepting those recommendations. (b) In the event of a modification, amendment, suspension, or a revocation of a per mit, the director shall serve written notice of such action on the permit holder and shall set forth in such notice the reasons for the action. 12-9-9 12-9-10. (a) The owner or operator of any stationary source shall pay to the division as a condition of any permit required under this chapter or under Ga. L. 1967, p. 581, as amended, an annual fee, or its equivalent over some other period, sufficient to cover:
(1) The reasonable cost of reviewing and acting upon any application for a permit under this chapter;
(2) The reasonable cost incurred after July 1, 1978, of implementing and enforcing the terms and conditions of any permit issued under this chapter or under Ga. L. 1967, p. 581, as amended, regardless of whether the permit was issued before or after July 1, 1978; provided, however, such cost shall not include any court cost or other costs associated with any judicial enforcement action;
(3) The reasonable cost of employing and training adequate personnel to imple ment the permitting program in accordance with this chapter;
(4) The reasonable cost of acquiring the necessary equipment and facilities to implement the permitting program in accordance with this chapter;
(3) (5) Emissions and ambient monitoring; {4} (6) Preparing generally applicable regulations or guidance; {6} (7) Modeling, analyses, and demonstrations; and {6} (8) Preparing inventories and tracking emissions. (b) The total amount of fees collected shall not be less than $25.00 per ton of emis sions allowed in the permit of each regulated pollutant as defined in Section 602(b)(3)(B)(ii) 42 U.S.C. Section 7661a(b)(3)(B)(ii) of the federal Glean AM Act Amend ments ef 1900 act; unless, as provided; however, that to the extent allowed under the federal act, the board may establish a lesser amount is which may include fees based on actual emissions, if approved by the United States Environmental Protection Agency as fulfilling the requirements of the federal act. No fee shall be collected for more than

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4,000 tons per year of any individual regulated pollutant emitted by any source or any group of sources located within a contiguous area and under common control. No fee shall be collected for the emission of carbon monoxide which is not a regulated pollutant as defined in Section 602(b)(3)(B)(ii) 42 U.S.C. Section 7661a(b)(3)(B)(ii) of the federal Clean Aif Act Amendments of- 1000 act.
(c) The fee collected shall be increased consistent with the need to cover the costs authorized in subsection (a) of this Code section by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this subsection the Consumer Price Index is the average of the Consumer Price Index for all-urban consumers published by the Bureau of Labor Statistics of the Department of Labor, as of the close of the 12 month period ending on August 31 of each calendar year, and the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for 1989 shall be used.
(d) The director may reduce any permit fee required under this chapter to take into account the financial resources of small business stationary sources as defined under the federal act or regulations promulgated pursuant thereto.
(e) The owner or operator of any stationary source shall, in addition to the fees pro vided for in subsections (a) through (c) of this Code section, pay any cost or expense associated with public notices or notifications required pursuant to this chapter or the federal act.
(f) Collection of fees pursuant to this Code section shall preclude collection of any air quality control permit fees by any other state or local governmental authority.
(g) Collection of fees pursuant to this Code section will not begin prior to July 1, 1992, attd is contingent upon implementation by the United States Environmental P-fotcction Agency of requirement of fee collection by the permitting authority under rates promulgated pursuant to ocction DU^^D^^O^ of tnc tcdcral L^lcan /vir y\ct Amendments of 1990 and shall only apply to emissions occurring after January 1^ 1991.
(h) The General Assembly declares its intent that the fee provisions of this Code sec tion shall be consistent with and shall meet the requirements of the federal Clean Air Act Amendments of 1990 act but shall not duplicate the fees charged thereunder. The General Assembly further declares its intent to ensure that any permit fee collected by the division shall be utilized solely to cover all reasonable direct and indirect costs required to support the permit program as set forth in the federal Clean Aw Act Amendments of 1990 act.
12-9-10. 12-9-11. For the purpose of (1) determining whether any person subject to the requirements of this chapter is in compliance with any standard or requirement imposed pursuant to this chapter, or (2) investigating conditions relating to air pollution or possible air pollution, where the director is in possession of information sufficient to form a reasonable belief that air pollution or possible air pollution in violation of this chapter is occurring or about to occur, the director or his authorized representative, upon presentation of his credentials, shall have a right to enter into, upon, or through premises of persons subject to the chapter or premises whereon a violation of the chap ter is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, sample emissions, and inspect for compliance with the requirements imposed under this chapter or to determine whether such a violation or threatened vio lation exists; provided, however, that this Code section in no way limits the authority of any other person or entity to inspect any source or facility as may be provided by the federal act.
12-9-11 12-9-12. 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 an unlawful action under this chapter, he may make application to the superior court of the county in which the unlawful act or practice has been or is about to be engaged in, or in which jurisdiction is appropriate, for an order enjoining such act or practice or for an order requiring compliance with this chapter. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a perma nent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy of law.

WEDNESDAY, MARCH 11, 1992

2363

\ftj 1 nc director may issue to

: source which demonstrates an

1 to comply with requirements under this chapter an order which specifics a date

ife \~t~j ouch order is issued after notice to the public (and, as appropriate, to the
administrator), containing the content of the proposed order aftd opportunity fof pub-

\T~n rhe order contains a schedule and timetable top compliance! (3) 3%e order requires compliance with applicable interim requirements as pro vided in subsection 4e) of this Gode section (relating to sources converting te coal) and

ordcrsj and requires tnc emission monitoring and reporting oy tnc source required Dy

as cxpcditiously as practicable, feat; except as provided in subsection {d) or {e) of this Code section, in no event later than, cither:
(A) July 1 1979' or

for compliance' shall be the date required or specified for compliance in Gar fer 1967,

initially imposed tricrcundcr and continued m ciicct Dy tnis cnapter. W itn respect to requirements initially imposed by this chapter or by rules or regulations adopted horcundcr, the 'date required or specified fer compliance' shall be the date required or specified tor compliance Dy tnis cnapter or Dy tnc rule or regulation adopted hcrcundcr, whichever (cither {A} or {B is later; \o) tn tnc case of a major stationary source, tnc order notifies tnc source tnat Hr will oe required to pay ft noncompnancc penalty as provided tn L^odc fecction L~J~iLiL in the event such source fails to achieve final compliance by July ir, 1070.
shall take effect until the administrator determines that such order has been issued in accordance with the requirements of the federal aefc In the ease of any source other than
upon a determination by the administrator that it was not issued in accordance with the requirements of the federal act. ift any case, no order shall "be issued by the director under this oode section n the proposed order would oe m violation of requirements
to 42 U.S.C. Section 7411 shall be effective unless it meets the requirements for the issttance of a waiver under 4a LJ.0.0. oection /4llijj, and ts approved oy the LJovernor. iNothing m this oocie section shall oe1 construed as limiting the authority of the board
tious schedule or timetable fer compliance than that contained in any order the adminis trator may issue under the federal aefe
4e) If any source not in compliance with any requirement of this chapter gives written notification to the state that such source intends to comply by means of replacement of tnc facility, a complete cnangc m production process, or a termination of operation, the director may issue an order under subsection {a) of this Code section permitting the

such source shall post a bond or other surety, acceptable to the director and payable to the state, m~ an amount equal to the cost of actual compliance by such facility and of the failure to comply, if a source for which the bond or other surety required by this subsection nss been posted tails to replace the facility^ change the production process>

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JOURNAL OF THE HOUSE,

ef operator shall immediately forfeit en the bond er other surety and the director shall
bond or other surety, unless allowed by the federal aefc 4d) As order as provided m subsection (a} ef- this Code section may be issued te an
existing stationary source if the following terms asd conditions are met:
director determines is likely te be adequately demonstrated (within the meaning of-,
onA cnr>gtqtpr>f with. JJQ Tj Q c* Spct'ioTi 74- 1 1 C_j.\ of fhp fpHpml ficO ttT>fvn pxnirfltinti r>f toe ordcrj
\'jS"7 oucfi new mcfins of emission limit&tion is not liliely to oC1 used oy sucn source

a substantial likelihood eft /Ycnicving greater continuous emission reduction tnan tnc means 01 emission
(B) Achieving an equivalent continuous reduction at lower eest m terms ef energy, economic, ef nonair quality environmental impact; and (4) Compliance by the source with the requirement which is the subject ef the order would be impracticable prior te er during the installation and se ef such new
An order under tnc terms of tins su osection srisii provide tor iindi complisnce witn wie requirements ef this chapter as oxpcditiously as practicable, but in ne event later than rive ycflrs stter the dflte peQUired of spccitied tor compliance witn tnc reojuirement. 1 nc dte required er specified fer compliance shall be determined s in subparagraph
major stationary source which is burning petroleum pr ucts, natural gas; er wnicni
tien 3(ft) ef the federal Energy Supply and Environmental Coordination Aet ef 1074 er any amendment thereto, er any subsequent enactment which supersedes such pre-

d8 its ppimsry energy source oecfluse of sctu&l or snticipsted cuPtfiiiMient ot nsturs.! [Q9 supplies under sny curtailment pi&n OF scneduie &pproved oy tne r edersl 1 OWCP

ate state regulatory commission); aftd (S) Which, by reason ef cither ef the occurrences listed in paragraphs (!) and 4&>
ef this subsection, would ne longer be in compliance with any requirement ef this

(4) Which is issued a erder by the administrator under Section 113(d)(6)(A) ef the federal aefr 43 U.S.C. Section 7413(d)(6)(A) sfisii comply WITH tne emission iitnitdtionsy FCQutFcments, snd messures pecjuiped oy tne administrator under Section 113(d)(6) ef the federal act and by the director under para graph (3) ef subsection {g} ef this Code section.
issued to s source under tnis txjde section snsii set foptn eompiiflncc containing increments ef progress which require compliance with the post poncd requirement as oxpcditiously as practicable. \) A source to wnicn sn order us issued oy tne director under su osection \fl), ^c/, of \dj of tftis Oode section, or Dy tne fldmimstPfltor tinder ocction i io\fxj\o) ot tne iedepo.1

the best practicable system er systems ef emission reduction as determined Dy tne director, of tne Qdmimstr&top, tt tne1 order is issued under oection l lo(,d_j^o^ ot

matcly comply fer the period during which such order is in effect; and

Comply with such interim requirements as the director determines are reason

able and practicable. Such interim requirements shall include:

\n) oucn meftstipes ss tne director determines fire

svoid &n

nent QRQ suostsntifli end (interment to nesitn of persons! &nd

WEDNESDAY, MARCH 11, 1992

2365

{&) A requirement that the aourcc comply with aJt ether requirements ef this

\i\) Any order issued under tnis v^ode section sttail noe terminated tf tne Qirector

that prompt termination of SUCH order would result tft undue ftardsnip, trie1 termination

snail oecome etiective ar tiie earliest practicaDie date OH wnicn sucn undue nardsnip would net result, httt in ne event later than the date required under this Code section.
\f7 if tne director determines tnat ft source to wnicn an order ts issued under tins

Oode section is tu violation of any requirement of tnis Oode section OF tne order^ fte

gL

11.

{) After notice ad opportunity OF public hearing, revoke such order and enforce compliance with the requirement with respect to which such order was granted;
notice of nonconfiptiance and commence action under ^_/ode feection
(4) Take any appropriate combination ef such actions. \JT J-Junng tne period of tfte order issued under tnis oodc section and wnere tne owner or operator ts fn cO'mp11ance wttfi tne ternis of sucn order, fio otner cniorcement
noncompliancc during the period the order is m effect with respect te the requirement for the source covered by such ordcr.-
12-9-13. Whenever the director has reason to believe that a violation of any provi sions of this chapter or rule or regulation of the Board of Natural Resources or any order of the director has occurred, he shall attempt te remedy the same hy conference, conciliation, and persuasion, fe the ease ef failure ef auch conference, conciliation, er
plaint te we scrvco. on tne alleged violator or violators, l ne complaint snail spccity tne

action be taken within a reasonable time to fee prescribed m such complaint, if the per son or persona named in the complaint fat! to take the required corrective action as prc-
compliance witn tfte cnapter', rule, regulation, or prior, order. Any order issued oy tne director under tfiis Oode section snail oe signed uy tne director. Any sucft order snail
before the department pursuant te Code Section 12-0-16. may issue such orders and take such actions as are authorized by this chapter to require such person or persons to remedy the violation so as to be in compliance with this chapter. Any order issued by the director under this Code section shall be signed by the director. Any order which would result fn a delay OF extension of tne time required of speciiied tor compliance
tieft 12-Q-12. Any such order shall become final unless the person or persons named therein request in writing a hearing before the department pursuant to Code Section 12-9-15.
12-9-14. Notwithstanding any other provision of this chapter, the director, upon receipt of evidence that a pollution source or facility or combination of sources or facili ties is presenting imminent and substantial danger to the health of persons, may bring an action as provided in Code Section 12-0-11 12-9-12 te immediately to restrain any person causing or contributing to the alleged pollution through the emission of air con taminants to stop the emission of air pollutants causing or contributing to such pollution or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the director, with the concurrence of the Governor, may issue such orders as may be necessary to protect the health of persons who are, or may be, affected by such pollu tion source or sources facility. Prior to issuing an order under this Code section, the

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director shall consult with local authorities in order to confirm the correctness of the information on which action proposed to be taken is based and to ascertain the action which such authorities are or will be taking. Notwithstanding Code Sections M-0-11 12-9-12, through 12-9-132 and 12-9-15, such order shall be immediately effective for a period of not more than 24 hours unless the director brings an action under the first sentence of this Code section before the expiration of such period. Whenever the direc tor brings such an action within such period, such order shall be effective for a period of 48 hours or such longer period as may be authorized by the court pending litigation or thereafter.

shall be provided and conducted m accordance with subsection (e) ef- Code Section \.&~*iL. i no neaping and review procedure provided tft tnis L^odc section is to tnc cxclU" sion of ail otricr means or ncanng of review.
12-9-15. (a) Any person who is aggrieved or adversely affected by any order or action of the director pursuant to this chapter shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administra tive law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. Such action shall be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner.
(b) Persons are aggrieved or adversely affected where the challenged action has caused or will cause them injury in fact or where the injury is to an interest within the zone of interests to be protected or regulated by the director pursuant to this chapter. A person shall also be considered aggrieved or adversely affected solely for purposes of administrative and judicial review pursuant to this chapter if he actively participated in the public hearing and comment process and the director decided the matter adverse to his interest. A continuous and substantial involvement in the review process, including attendance at public hearings and submission in writing of specific objections to the per mit as proposed and specific suggested permit conditions or limitations which the person believes are required to implement the provisions of this chapter, shall constitute active participation. In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and there after make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner. The hearing and review procedure provided in this Code section is to the exclusion of all other means of hearing or review.
12-9-16. Any order of a hearing officer issued after a hearing as provided in Code Section 12-9-15 or 12-9-22, or any order of the director issued under Code Section 12-9-13, 12-9-20, or 12-9-22, either:
(1) Unappealed from, as provided in those Code sections; or \) AiiirmsQ or HIOQIIIBQ on 8ny review OF o.ppc&l pyTSu8ftt to v/oo.c ocction 12-0-16 pursuant to judicial review provided by this chapter or Chapter 13 of Title 50 and from which no further review is taken or allowed under Code Section 12-Q-16 may ue tiled as unappcalcd trom or as attirmed of modiiicd, tr reviewed of appealed, a final order by certified copy from the director, in the superior court of the county wherein the person resides, or if the person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the vio lation occurred, whereupon the 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 the judgment had been ren dered in an action duly heard and determined by such court.

WEDNESDAY, MARCH 11, 1992

2367

12-9-17. It shall be the duty of the Attorney General to represent the director or des ignate some member of his staff to represent the director in all actions in connection with this chapter.
12-9-18. Notwithstanding any other provision of this chapter relating to the author ity, power, and responsibility of the Board of Natural Resources, department, division, or director, the Governor is authorized to designate air quality regions within the state as provided in 42 U.S.C. Section 7407(e); petition the President as provided in 42 U.S.C. Section 7410(f); make application to the administrator pursuant to 42 U.S.C. Section 7411(g); consent to waivers pursuant to 42 U.S.C. Section 7411(j); require measures to prevent economic disruption of employment pursuant to 42 U.S.C. Section 7425; redesignate areas of the state to allow maximum industrial development pursuant to 42 U.S.C. Section 7474; recommend variances pursuant to 42 U.S.C. Section 7475; designate orga nizations pursuant to 42 U.S.C. Section 7504; and to take such other specific acts required by governors under 42 U.S.C. Section 7401, et seq.; all subject to the Governor's power to delegate such authority by executive order or otherwise to the director.
12-9-19. Information relating to secret processes, devices, or methods of manufacture or production obtained by the division in the administration of this chapter shall be kept confidential; provided, however, reports on the nature and amounts of stationary source emissions obtained by the division shall be available for public inspection from the division. This Code section shall have no effect on the division's duty to provide such information to the administrator, or his agents or representatives, pursuant to the federal act.
12-9-20. It is the legislative intent that;
of JN8tur&l Wcsourccs txuies snd rvGjjfUlfltions tor Air ^usHty v/ontrolj Onftptep oy i m'om~i
Of tfie oeepetflPy Or otflte 9 UlllClSi OOHlplifttlOn Or rtlileS fllld rteUl8tlOn9 Or tnc OtQte

Tjr8. E37 IvO i , PT OoJ. j OS fllTl 6 nded , Sftflil COF1110tie itft IOPCC flnQ CllCCt ft& Pill'69 Slid Fe^UlS"*
t'lORS pUF9U8.nt tO tlll9 CflftptCF. i. 1119 CtlflptCF 911811 we1 CO n91 de Ped ft& IC^fll 8UtnOFlty IOP
tftose rules ftnd requisitions, &Hd ftoy retepenee tti triose rules EUIQ re^uistions snflii *oe

reliance upon Gav fc 1967, p; 68ii as amended, instead ef this chapter; permits issued urMier vjft. ti iyo / , p; ooi , ft9
ciiect %o tne extent cons19toFit witn tins cn&pter. AH
der snQii i&e construed to peter to tne flppropriste provisions or tftis cft'Sptep snd pules OP pe^uifttions e*factive iiereunder t &nd &11 persons permitted undep vjfl. tr J.yo / T pr ooi j ft9 Qmended, sre required to connply witn tfiis crispter &nd rules snd re^uifttions

tne director puP9U8nx to (jfl. trr lUo { , p7 ool, sts smended, srisll con11nue m eiieet to the extent consistent with this chapter;
\4^ All 9ucn pule91, re^uiQtions , pcpmits, OP ordeP9 peierred to i
under tni9 cn&pter o.nd sliflll continue tR eitect ds pules , Peul8tion9j permits, OP orders ^9.9 tne cose m8y Dc^ unuep tftis cftflptep only until 9ucn ttme ft9 tne oOflPd ot iN8tur8i Resources r the director m the exercise ef their respective powers, duties, or responsi-

rules, regulations, permits, or orders as provided in this chapter; io/ A vtoifltion o fttty rule, r e u l & t ion , permit cond11ion, OP order continued "tn
12-9-20. (a) To the extent that they are consistent with the provisions of this chap ter, all rules and regulations issued by the department before July J^ 1992, shall continue in full force and effect.

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(b) Any permit issued by the department pursuant to this chapter before July ]_, 1992, shall continue in effect until the permittee is required by law to obtain a new or amended permit.
12-9-21. Nothing contained in this chapter shall be deemed to grant to the Board of Natural Resources, department, division, or director any jurisdiction or authority to make any rule, regulation, recommendation, or determination or to enter any order:
(1) With respect to air conditions existing solely within the property boundaries of commercial and industrial plants, works, or operations, if such locations are not sub ject to regulation under the federal act;
(2) Affecting the relations between employers and employees with respect to or arising out of any air conditions if such relations are not subject to regulation under the federal act; except that a source which uses a supplemental or intermittent control system for purposes of complying with an order issued by the director under Code Section 12-0-12 12-9-13, or the administrator under 42 U.S.C. Section 7413(d) may not temporarily reduce the pay of any employee by reason of the use of supplemental or intermittent or other dispersion dependent control systems for control of emissions of air pollutants; or
(3) Limiting or restricting the owners of any forest land from burning over their own land, provided that such burning is consistent with the requirements of the fed eral act. 12-9-22. (a) The following sources shall be subject to noncompliance penalties under the conditions specified in this Code section:
(1) Any major stationary source which is not in compliance with an emission limi tation, emission standard, standard of performance, or compliance schedule under any applicable provision of this chapter or any rule, regulation, permit, consent order, or decree, {whether federal or state), or final order adopted, issued, consented to, or oth erwise in effect under this chapter or the federal act;
(2) Any stationary source which is not in compliance with an emission limitation, emission standard, standard of performance, or other requirement applicable to such sources, established under 42 U.S.C. Section 7411 er 7412 this Code section or any section of the federal act; or
(3) Any source referred to in paragraph (1) or (2) of this subsection which has been granted an exemption, extension, or suspension under subsection (f) of this Code section or which is covered by a consent order or decree, if such source is not in com pliance with any interim emission control requirement or schedule of compliance established under such exemption, extension, suspension, or consent order or decree. (b) Not later than July 1, 1979, or 30 days after the discovery of such noncompli ance, whichever is later, the director shall give a brief but reasonably specific notice of noncompliance to the owner or operator of each source specified in subsection (a) of this Code section. Each person given notice by the director pursuant to this subsection shall either:
(1) Calculate the amount of the penalty owed determined in accordance with sub section (d) of this Code section and the schedule of payments determined in accord ance with subsection (d) of this Code section for each source owned or operated by such person and not in compliance, and, within 46 30 days after the issuance of such notice or within 46 30 days after a final order or decision denying a petition submitted under paragraph (2) of this subsection, submit that calculation and proposed schedule together with the information necessary for an independent verification thereof to the director; or
(2) Submit a petition, to be filed with the Board of Natural Resources within 46 30 days, challenging such notice of noncompliance or alleging entitlement to an exemption under subsection (f) of this Code section, with respect to the source. There shall be a hearing on such petition as provided in paragraph (2) of subsection (i) of this Code section. (c) If the person to whom notice is issued pursuant to subsection (b) of this Code section does not submit a timely petition under paragraph (2) of subsection (b) of this Code section, or submits a petition which is denied, and fails to submit a calculation

WEDNESDAY, MARCH 11, 1992

2369

of the penalty assessment and a schedule for payment and the information necessary for independent verification by the division pursuant to paragraph (1) of subsection (b) of this Code section, then the division may enter into a contract with any person who has no financial interest in the matter to assist in determining the amount of the penalty assessment or payments schedule with respect to such source as provided in subsection (d) of this Code section. In any instance of noncompliance where a calculation by the division is necessary under this subsection, any person to whom notice was given under subsection (b) of this Code section shall make available to division personnel, and allow division personnel and disinterested parties contracted with under this subsection to have access to such financial, operational, and maintenance records as shall be necessary to complete computations under subsection (d) of this Code section. Any such availabil ity or access shall be at a reasonable time and place. The amount of the penalty and payment schedule determined pursuant to a contract entered into by the director under this subsection shall be final and shall be considered as and given the effect of a submittal by such person pursuant to paragraph (1) of subsection (b) of this Code sec tion. The director may issue an assessment pursuant to subsection (d) of this Code sec tion based upon the determined amount and schedule and may add to the penalty, as an additional assessment, the cost of carrying out such contract. The director shall give notice of such assessments to persons against whom such assessments are ordered. Any person against whom costs are assessed under subsection (d) of this Code section based upon an amount determined pursuant to this subsection may submit a petition, to be filed with the Board of Natural Resources within 46 30 days after receipt of such notice, challenging that portion of the penalty assessed pursuant to subsection (d) of this Code section which is attributable to the costs of the contract, and a hearing shall be held thereon as provided in paragraph (2) of subsection (i) of this Code section. The filing of a petition as provided in this subsection shall not, however, affect the assessment or payment of noncompliance penalties nor the payment schedule provided in any order assessing those penalties.
(d) Unless there has been a final determination under paragraph (2) of subsection (i) of this Code section on a petition submitted under paragraph (2) of subsection (b) of this Code section finding no noncompliance or finding the existence of an exemption, penalties or costs shall be assessed, and payment schedules prescribed therefor, by order of the director directed to and against the person or persons to whom notice of noncom pliance is given. Such penalties or costs shall be computed, assessed, and paid as follows:
(1) For each quarter, or any part of a quarter, of any period of covered noncompli ance, the amount of the noncompliance penalty assessment shall be no less than the quarterly equivalent of the capital cost of compliance and debt service over a normal amortization period, not to exceed ten years, and operation and maintenance cost foregone as a result of noncompliance, and any additional economic value or gain which a delay in compliance beyond July 1, 1979, may have or produce for the owner or operator of such source; minus
(2) The amount of any expenditure made by the owner or operator of that source during any such quarter for the purpose of bringing that source into and maintaining compliance with such requirement to the extent that such expenditures have not been taken into account in the calculation of the penalty under paragraph (1) of this sub section. To the extent that any expenditure under this paragraph made during any quarter is not subtracted for such quarter from the costs under paragraph (1) of this subsection, such expenditure may be subtracted for any subsequent quarter for such cost, except that in no event shall the amount paid be less than the quarterly payment minus the amount attributed to actual cost of construction.
(3) The penalties or costs assessed shall be paid to the director in quarterly installments. All quarterly payments, determined without regard to any adjustment or any subtraction under paragraph (2) of this subsection after the first payment, shall be equal. The first payment shall be due on the date six months after the date of issu ance of the notice of noncompliance under subsection (b) of this Code section with respect to any source, or on January 1, 1980, whichever is later. Such first payment shall be in the amount of the quarterly installment for the upcoming quarter, plus the

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JOURNAL OF THE HOUSE,

amount owed for a preceding period within the period of covered noncompliance for such source.
(4) The term 'period of covered noncompliance' means the period which begins: (A) On July 1, 1979, in the case of a source for which notice of noncompliance
under subsection (b) of this Code section is issued on or before July 1, 1979; or (B) On the date of issuance of the notice of noncompliance under subsection (b)
of this Code section in the case of a source for which such notice is issued after July 1, 1979, and ending on the date on which such source comes into, or for the purpose of estab lishing the schedule of payments, is estimated to come into, compliance with such requirement. (5) The director is authorized to issue a final order of assessment and payment schedule from which no appeal or review may be taken, based upon any of the follow ing:
(A) The calculated amount of penalty and payment schedule submitted, pursu ant to paragraph (1) of subsection (b) of this Code section2 (whether submitted within 4& 30 days after notice or within 46 30 days after a final order or decision denying a petition submitted under paragraph (2) of subsection (b) of this Code sec tion), by the person to whom notice of noncompliance was given, and to which no adjustment is made by the director under subsection (e) of this Code section;
(B) Upon an adjusted amount and payment schedule computed as provided in subsection (e) of this Code section and becoming final under paragraph (1) of sub section (i) of this Code section or upon any hearing or appeal provided for under subsection (e) of this Code section;
(C) Upon an amount and payment schedule determined and becoming final pur suant to subsection (c) of this Code section; or with respect to assessments of costs authorized under subsection (c) of this Code section, upon an amount and payment schedule for costs assessed as provided in subsection (c) of this Code section, becoming final pursuant to paragraph (1) of subsection (i) of this Code section or upon any hearing or appeal provided for under subsection (c) of this Code section;
(D) Upon an amount of nonpayment penalty and payment schedule therefor computed as provided in subsection (h) of this Code section, becoming final under paragraph (1) of subsection (i) of this Code section, or upon any hearing or appeal provided for under subsection (h) of this Code section; or
(E) Upon an amount of final adjustment and payment schedule therefor com puted as provided in subsection (g) of this Code section, becoming final under para graph (1) of subsection (i) of this Code section or upon any hearing or appeal provided for under subsection (g) of this Code section. (6) The director is authorized to issue an order of assessment and payment sched ule for costs of contracts entered into under subsection (c) of this Code section, adjusted noncompliance penalty amounts determined under subsection (e) of this Code section, final adjustments under subsection (g) of this Code section, and nonpay ment penalties computed under subsection (h) of this Code section, or for other amounts authorized in this Code section. Such assessments and payment schedules shall be subject to review as provided in the relevant subsection, (e) The amount of the penalty assessment calculated or the payment schedule pro posed by any person pursuant to paragraph (1) of subsection (b) of this Code section shall be subject to adjustment by the director, if the director finds that the assessment or proposal does not meet the requirements of this Code section. The director shall issue an assessment pursuant to subsection (d) of this Code section based upon such adjust ment and shall give notice of such adjusted assessment. Any person making a submittal under paragraph (1) of subsection (b) of this Code section receiving a notice of adjusted assessment may submit a petition to the Board of Natural Resources within 46 30 days challenging such adjusted assessment and a hearing shall be held thereon as provided in paragraph (2) of subsection (i) of this Code section. The director is authorized to require a final adjustment of the penalty within 180 days after such source comes into compliance, in accordance with subsection (g) of this Code section.

WEDNESDAY, MARCH 11, 1992

2371

(f) (1) Notwithstanding the requirements of paragraphs (1) and (2) of subsection (a) of this Code section, the owner or operator of any source shall be exempted from the duty to pay any noncompliance penalty, if, in accordance with the procedures of paragraph (2) of subsection (b) of this Code section, the owner or operator demon strates that the failure of such source to comply with any such requirement is due solely to:
(A) A conversion by such source from the burning of petroleum products or nat ural gas, or both, as the permanent primary energy source to the burning of coal pursuant to an order under 42 U.S.C. Section 7413(d)(5), or Section 119 of the Fcdet-al federal Clean Air Act ef 1066, as amended, 88 Stat. 248 (as in effect before the date of enactment of the federal Clean Air Act Amendments of 1977);
(B) In the case of a coal-burning source granted an extension under the second sentence of Section 119(c)(l) of the Federal federal Clean Air Act ef 1966, as amended, 88 Stat. 248 (as in effect before the date of the enactment of the federal Clean Air Act Amendments of 1977), a prohibition from using petroleum products or natural gas or both, by reason of an order under Section 2(a) and (b) of the fed eral Energy Supply and Environmental Coordination Act of 1974 or under any legis lation which amends or supersedes such provisions;
{ ) The se ef innovative technology sanctioned by an enforcement order issued
12-0-12 e? by the Administrator pursuant to 42- U.S.C. Section 7413(d)(4); (B) (C) An inability to comply with such requirement, which inability results
from reasons entirely beyond the control of the owner or operator of such source or facility or of an entity controlling, controlled by, or under common control with the owner or operator of such source or facility and which inability has resulted m a delayed compliance order, er and an order has been issued under 42 U.S.C. Sec tion 7413 as it existed prior to August 7, 1977; or
(B) (D) The conditions by reason of which a temporary emergency suspension has been authorized with regard to such source, by order of the Governor or his designee in accordance with 42 U.S.C. Section 7410(f) or (g). (2) Any exemption under paragraph (1) of this subsection ceases to be effective if the person subject to the order fails to comply with the interim emission control requirements or schedules of compliance, including increments of progress, under any extension, order, or suspension. (3) The director may, after notice and opportunity for public hearing as provided for in this chapter, exempt any source from the requirements of this Code section with respect to a particular instance of noncompliance if he finds that such instance of noncompliance is de minimis in nature and in duration. (g) On making a determination that a source, with respect to which a penalty has been paid as assessed under this Code section, is in compliance and is maintaining com pliance with the applicable requirement, the director shall review the actual expendi tures made by the owner or operator of such source for the purpose of obtaining and maintaining compliance and shall within 180 days after such source comes into compli ance provide for a final adjustment of the penalties paid, to be made by order of the director under subsection (d) of this Code section, and shall provide reimbursement, with interest at appropriate prevailing rates, of any overpayment by such person, or shall assess and collect, pursuant to subsection (d) of this Code section, an additional payment with interest at appropriate prevailing rates for any underpayment by such person. The director shall give notice of any final adjustment under this subsection. Any person receiving such notice may submit a petition, filed with the Board of Natural Resources within 46 30 days after receipt of such notice, for a hearing pursuant to para graph (2) of subsection (i) of this Code section challenging such final adjustment. The sole issue on such petition shall be the validity and amount of the final adjustment and any assessment of that amount. (h) Any person who fails to pay the amount of any penalty or cost assessed with respect to any source under this Code section on a timely basis shall be required to pay, and the director shall assess under subsection (d) of this Code section, an additional

2372

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quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's penalties, costs, and nonpayment penalties with respect to such source or facility which are unpaid as of the beginning of such quarter. The director shall give notice of the assessment of nonpayment penalties provided for in this subsec tion. Any person receiving such notice may submit a petition, to be filed with the Board of Natural Resources within 46 30 days after receipt of such notice, for a hearing pursu ant to paragraph (2) of subsection (i) of this Code section challenging such nonpayment penalty. The filing of such a petition shall not, however, affect the assessment or pay ment of noncompliance penalties nor the payment schedule prescribed for payment in any order assessing those amounts. The sole issue in a petition under this subsection is the validity and amount of the nonpayment penalty assessment.
(i) (1) (A) If any person receiving a notice under subsection (b) of this Code sec tion does not submit a petition as provided in paragraph (2) of subsection (b) of this Code section, and the director issues an assessment for noncompliance penalties pursuant to subsection (d) of this Code section, based upon an amount determined under subsection (c) of this Code section; (B) If the director makes an adjustment under subsection (e) of this Code sec tion to a submittal made under paragraph (1) of subsection (b) of this Code section and issues an assessment pursuant to subsection (d) of this Code section based on that adjustment, and no petition as provided in subsection (e) of this Code section is filed challenging such adjustment; (C) If the director enters into a contract pursuant to subsection (c) of this Code section and issues an assessment of costs pursuant to subsection (d) of this Code section based upon the contract entered into under subsection (c) of this Code sec tion and no petition is filed, as provided in subsection (c) of this Code section chal lenging the assessed costs; (D) If the director makes an assessment of nonpayment penalties, computed as provided for in subsection (h) of this Code section, pursuant to subsection (d) of this Code section, and no petition is filed as provided in subsection (h) of this Code section challenging that assessment of nonpayment penalties; or (E) If the director makes a final adjustment under subsection (g) of this Code section and issues an assessment therefor pursuant to subsection (d) of this Code section based upon that final adjustment and no petition is filed as provided for in subsection (g) of this Code section challenging such final adjustment assessment;
then, in any such case or cases, such assessment or assessments become final and no hearing or appeal may be taken.
(2) In all cases where a petition is filed, as provided in either paragraph (2) of sub section (b) of this Code section, challenging the notice or alleging exemption, or sub section (c) of this Code section, challenging the costs of contract, or subsection (e) of this Code section, challenging the adjustment, or subsection (g) of this Code section, challenging the final adjustment, or subsection (h) of this Code section, challenging the nonpayment penalties, hearing and review of the assessment, based upon such challenge, shall be provided in accordance with Code Section 12-9-15. The hearing officer's initial decision and order shall in all such cases be issued within 90 days after receipt of any petition. (j) Any order, payments, sanctions, or other requirements under this Code section shall be in addition to any other permits, orders, payments, sanctions, or other require ments established under this chapter, and shall in no way affect any action for civil pen alties pursuant to Code Section 12-9-23, or injunctive relief pursuant to Code Section 12-9-11 12-9-12. The noncompliance penalties provided for in this Code section are intended to be wholly cumulative with any and all remedies, procedures, or requirements of this chapter. (k) In the case of any emission limitation or other requirement ordered, approved, adopted, or promulgated by the Board of Natural Resources, department, division, or director under this chapter after July 1, 1978, which is more stringent than the emission limitation or other requirement for the source in effect prior to such order, approval,

WEDNESDAY, MARCH 11, 1992

2373

adoption, or promulgation, if any, or where there was no emission limitation or other requirement approved, adopted, or promulgated before July 1, 1978, the date for imposi tion of the noncompliance penalty under this Code section shall be either July 1, 1979, or the date on which the source is required to be in full compliance with such emission limitation or other requirement, whichever is later, but in no event later than three years after the issuance, approval, or promulgation of such emission limitation or other requirement.
(1) All noncompliance penalties recovered by the director as provided in this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, the director may retain such penalties in an escrow account created for that purpose until a final determination and adjustment has been made under subsection (g) of this Code section with respect to a period of noncompliance by a particular source or facility; and provided, further, that any amounts assessed and collected for costs of contracts entered into by the director under subsection (c) of this Code section may be retained and used by the director to pay the costs of such contracts. After assessment and collection of a final adjustment, the final remaining penalty amount and any accu mulated interest thereon shall be paid to the state treasury. During the pendency of such escrow period, the director is authorized to invest such escrow amounts to earn appropriate prevailing rates of interest in institutions in this state insured by the Federa! Savings ad Loan Insurance Corporation Savings Association Insurance Fund of the Federal Deposit Insurance Corporation.
12-9-23. (a) Any person violating any provision of this chapter or rules or regula tions hcrcundcr promulgated pursuant to this chapter or any permit condition or limita tion established pursuant to this chapter, or failing or refusing to comply with any final order of the director issued as provided in this chapter shall be liable for a civil penalty of not more than $25,000.00 per day. Each day during which the violation or failure con tinues shall be a separate violation.
(b) Whenever the director has reason to believe that any person has violated any provision of this chapter or any rules or regulations hcrcundcr promulgated pursuant to this chapter or any permit condition or has failed or refused to comply with any final order of the director, he may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the Board of Natural Resources. Upon a finding that such person has violated any provisions of this chapter or any rule or regulation hcrcundcr promulgated pursuant to this chapter or any permit condition, or has failed or refused to comply with any final order of the director, the hearing officer shall issue his initial decision imposing civil penalties as provided in subsection (a) of this Code section. Such hearing and any administrative or judicial review thereof shall be con ducted in accordance with Code Section 12-9-15.
(c) In rendering a decision under subsection (b) of this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following:
(1) The amount of assessment necessary to ensure immediate and continued com pliance and the extent to which the violator may have profited by failing or delaying compliance;
(2) The character and degree of impact of the violation or failure on the natural resources of the state, especially any rare or unique natural phenomena;
(3) The conduct of the person incurring the civil penalty in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violation or failure;
(4) Any prior violations by such person, or failures by such person to comply with, statutes, regulations, orders, or permits administered, adopted, or issued by the direc tor;
find iino.nci9i conditions Or suon person to tne extent sllowed m~
1 1!_O_"Q ""_7f 'j
(5) The character and degree of injury to, or interference with, public health, safety, or welfare which is caused or threatened to be caused by such violation or fail ure;

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JOURNAL OF THE HOUSE,

(?) (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, (d) All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury to the credit of the general fund. 12-9-24. (a) Any person who knowingly violates any provision of this chapter or any permit condition or limitation established pursuant to this chapter or who fails, neglects, or refuses to comply with any final order of a court lawfully issued as provided in this chapter or knowingly introduces or releases into the air or atmosphere pollutants or air contaminants or hazardous substances in violation of any provision of this chapter or any permit condition or limitation established pursuant to this chapter which cause or may reasonably be anticipated to cause personal injury or property damage shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 per day of violation, imprisoned not more than two years, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000.00 per day of violation, by imprisonment for not more than five years, or both. (b) Any person who knowingly makes any false statement, representation, or certifi cation in any application, record, report, plan, or other document filed or required to be maintained by this chapter or by any permit, rule, regulation, or order issued under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitor ing device or method required to be maintained by thjs chapter or by any permit, rule, regulation, or order issued under this chapter shall be guilty of a felony and, upon con viction thereof, shall be fined not more than $25,000.00 per day of violation, imprisoned not more than two years, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine or not more than $50,000.00 per day of violation, by imprisonment for not more than five years, or both. (c) Any person who knowingly violates any provision of this chapter or any permit condition or limitation established pursuant to this chapter or who knowingly fails, neglects, or refuses to comply with any final order of a court lawfully issued as provided in this chapter and who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $250,000.00, by impris onment for not more than 15 years, or both. A defendant that us an organization shall, upon conviction of violating this subsection, be subject to a fine of not more than 1 million. The following provisions apply for purposes of this subsection:
(1) In determining whether a defendant who is an individual knew that his con duct placed another person in imminent danger of death or serious bodily injury, the person is responsible only for actual awareness or actual belief that he possessed; and knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant, except that in proving the defend ant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information;
(2) It is an affirmative defense to prosecution that the conduct charged was con sented to by the person endangered and that the danger and conduct charged was a reasonably foreseeable hazard of an occupation, a business, a profession, medical treat ment, or medical or scientific experimentation conducted by professionally approved methods and that the persons endangered had been made aware of the risk involved prior to giving consent. Such defense must be established by a preponderance of the evidence;
(3) The term 'organization' means a legal entity, other than a government, estab lished or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint-stock company, foundation, institution, trust, soci ety, union, or any other association of persons; and
(4) The term 'serious bodily injury' means bodily injury which involves a substan tial risk of death, unconsciousness, extreme physical pain, protracted and obvious dis figurement, or protracted loss or impairment of the function of a bodily member or organ or a mental faculty.

WEDNESDAY, MARCH 11, 1992

2375

(d) It shall be an affirmative defense under subsections (a) and (b) of this Code sec tion that the introduction of any contaminant or pollutant or hazardous substance into the air was in compliance with all applicable federal, state, and local requirements which govern the introduction of a pollutant or hazardous substance into the air.
a misdemeanor. 12-9-25. (a) In addition to any other powers which the board may have, the board
shall have the authority to establish rules, regulations, standards, policies, and proce dures for the implementation of a small business stationary source technical and envi ronmental compliance program, provided that the requirements for the program shall be no less stringent than the requirements of the federal act. The manager of the small business stationary source technical and environmental compliance program may be del egated the following responsibilities:
(1) To develop, collect, coordinate, and disseminate information to small business stationary sources and facilities;
(2) To provide assistance to small business stationary sources and facilities in understanding compliance requirements, permitting procedures, compliance methods and technologies, alternative technologies, allowable modifications, methods of pollu tion prevention, accidental release prevention and detection, and other areas concern ing technical and environmental compliance;
(3) To advise, consult, contract, and cooperate with any private or public organiza tions or persons, including, but not limited to, federal and state agencies, political sub divisions of the state, stationary sources and facilities, corporations, associations, partnerships, and individuals, in order to encourage cooperation and assist small busi nesses with complying with this chapter;
(4) To develop mechanisms for notifying small business stationary sources and facilities on a timely basis of their rights and obligations under this chapter, including a program for referring small business stationary sources and facilities to qualified auditors who can determine whether the operation of a small business stationary source or facility is in compliance with this chapter. (b) There is established within the Department of Natural Resources a small busi ness stationary source technical and environmental compliance office. The office shall be administered by the manager. (c) The board shall delegate responsibility for implementing the small business sta tionary source technical and environmental compliance program to the manager. The manager shall represent the public interest and shall not derive a significant portion of his income from persons subject to the rules, regulations, permits, or orders promulgated under this chapter. (d) (1) There is established a small business stationary source technical and envi ronmental compliance advisory panel.
(2) The small business advisory panel shall consist of a panel of not fewer than seven members who shall be appointed to the panel as follows: two members shall be selected by the Governor, and such members shall not be owners or representatives of owners of small business stationary sources or facilities and shall represent the gen eral public; four members shall be selected by the General Assembly, with both the majority and minority leaders in the Senate and House of Representatives selecting one member each, and such members shall be owners or representatives of owners of small business stationary sources or facilities; and one member shall be selected by the director and shall be a representative of the Air Protection Branch of the Environ mental Protection Division of the Department of Natural Resources.
(3) The small business advisory panel has the following specific functions: (A) To render advisory opinions on the effectiveness of the small business sta
tionary source technical and environmental compliance office; (B) To render advisory opinions on the effectiveness of the state air quality pro
gram as it affects small businesses; (C) To prepare periodic reports to the administrator on the compliance status
of the small business stationary source technical and environmental compliance

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office in following the intent of the provisions of the Paperwork Reduction Act of 1986, Public Laws 99-500 and 99-591; the Regulatory Flexibility Act, PublicTaw 96-354; and the Equal Access to Justice Act, Public Laws 96-481 and 99-80; and
(D) To review information for small business stationary sources or facilities to assure that such information is understandable to the lay person. (4) The small business stationary source technical and environmental compliance office will serve as the secretariat for the development and dissemination of small business advisory panel reports and advisory opinions and may provide administrative and logistical support to the panel. (e) The small business stationary source technical and environmental compliance office and the small business stationary source technical and environmental compliance advisory panel shall be adequately funded in exercising the powers and duties granted in this Code section. The funds to cover the costs of developing and implementing this small business stationary source technical and environmental compliance program shall be provided from funds appropriated to the department." Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ahernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Realty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y* Carter Y" Cauthorn Y Chafin

Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin

Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Mann

Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith,P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest

WEDNESDAY, MARCH 11, 1992

2377

Y Twiggs Y Valenti Y Vaughan

Y Walker.J Y Walker.L
Wall

Y Watson Y Watts Y White

Y Wilder Y Williams.B Y Williams.J

Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 930. By Representatives Lane of the lllth, Alford of the 57th, Yeargin of the 14th and Kingston of the 125th: A resolution urging the Congress of the United States and the federal Envi ronmental Protection Agency to move carefully and slowly in adopting rea sonable rules, regulations, and guidelines regarding motor vehicle emission inspection equipment and standards and to allow the use of the Bar 90 test ing system.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 118, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1611. By Representative Groover of the 99th: A bill to amend Chapter 72 of Title 36 of the Official Code of Georgia Anno tated, relating to abandoned cemeteries and burial grounds, so as to clarify that burial ground includes private plots; to provide that preservation and protection of burial grounds encompasses the cleaning, restoration, mainte nance, and upkeep of burial grounds and cemeteries.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1611 on page 1, line 6 and page 2, line 6 by deleting the word "restoration".

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 4. 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 1039. By Representative Pinkston of the 100th: A resolution recognizing and commending Sarah Catherine Duke.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration:

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JOURNAL OF THE HOUSE,

HB 1004.

By Representative Dunn of the 73rd: A bill 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 provide for user fees for the establishment and maintenance of public information services and materials.

The following amendment was read and withdrawn

The Committee on State Planning and Community Affairs moves to amend HB 1004 by striking the word "to" on line 6 of page 1.
By striking lines 7 and 8 of page 1 in their entirety. By striking lines 15 and 16 of page 1 and inserting in lieu thereof the following: "adding two new Code sections, to be designated Code Sections 45-13-28 and 45-13-29, to read as". By adding quotation marks at the end of line 10 of page 2 and striking lines 11 through 15 of page 2 in their entirety.

The following substitute, offered by Representative Dunn of the 73rd, was read and adopted:

A BILL To amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Secretary of State, so as to authorize the Secretary of State to prescribe by rule or regulation user fees for public information ser vices, materials, and copies; 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 13 of Title 45 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Secretary of State, is amended by adding a new Code section, to be designated Code Section 45-13-28 to read as follows: "45-13-28. The Secretary of State shall be authorized to prescribe by rule or regula tion user fees to be charged and collected for public information services and materials, including, but not limited to, the state directory and the mail reference service; and for electrostatic copies, photostatic copies, microfilm, microfiche, and photographs of infor mation, documents, or records which the Secretary of State is statutorily required to accept, maintain, or compile. Such rules and regulations shall be promulgated in accord ance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The fees shall be in such amounts which are reasonably estimated to cover the cost of the ser vices, materials, or copies provided." 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, as amended, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 11, 1992

2379

Y Ahernathy V Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barloot N Bargeron \" Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefietd Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y' Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings,B Y Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt N Godbee Y Golden Y Goodwin K Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammorid
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard
Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord
Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R 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.

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.

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

HB 551. By Representatives Smyre of the 92nd and Green of the 106th: A bill to amend Code Section 47-12-42 of the Official Code of Georgia Anno tated, relating to spouses' benefits under the District Attorneys Retirement Fund of Georgia for district attorneys emeritus, so as to provide an option for spouses' benefits for persons presently receiving salaries as district attor neys emeritus.

The following Committee substitute was read and adopted:

A BILL To amend Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to district attorneys emeritus and the District Attorneys Retirement Fund of Georgia, so as to provide an option for spouses' benefits for persons presently receiving salaries as dis trict attorneys emeritus; 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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to district attorneys emeritus and the District Attorneys Retirement Fund of Georgia, is amended by striking Code Section 47-12-42, relating to spouses' benefits, in its entirety and substituting in lieu thereof a new Code Section 47-12-42 to read as follows: "47-12-42. (a) Any district attorney who is married shall pay into the fund an amount equal to 2 '/a percent of his state salary for each year of service, up to a maxi mum of 19 years, for spouses' benefits coverage. Such payment shall entitle his surviving spouse to receive from the State of Georgia, for life or until remarriage, a sum equal to 50 percent of the benefits which he was receiving on the date of his death, if retired at such time, or which he would have been eligible to receive had he retired as of that date if he had 19 years of creditable service as of the date of his death. If such district attorney had completed spouses' contributions for at least ten years of creditable service as a district attorney, but for less than 19 years of creditable service as of the date of his death, his surviving spouse who is eligible for such benefits under this Code section shall be entitled to receive, for life or until remarriage, a sum equal to the amount deter mined by multiplying one-half of the benefit he would have been entitled to receive upon completion of 19 years of creditable service without change in the salary he was receiving at the time of his death times the fraction which his creditable service bears to 19 years. Those members with more than 19 years of creditable service shall utilize the salary level of the most recent 19 years of service when determining the contribution for spouses' benefits. Any member who was compensated by the fee system prior to 1969 shall pay the required 2 '/a percent contribution for spouses' benefits on the basis of $9,000.00 per annum, if such fees were less than that amount, or on the basis of the actual fees received, if more than $9,000.00 per annum, up to a maximum of $18,000.00 as the basis for such contributions. In addition to such contributions, a member obtain ing spouses' benefits shall pay interest on such contributions at the rate of 5 percent compounded annually up to the date of payment of such contributions. All contributions to obtain creditable service for the purpose of spouses' benefits, plus interest thereon, shall be paid by March 24, 1982. A member who is not married shall not be required to make contributions as provided in this Code section for spouses' benefits; but if such member subsequently marries, he shall be required to begin making contributions for spouses' benefits and shall also make such contributions for prior service within two years after becoming married. If the spouse of a member dies or if a member becomes divorced, contributions for spouses' benefits shall cease upon notice to the board of trustees from the member of such death or divorce; but if such member subsequently remarries, he shall notify the board of trustees of such remarriage, and contributions for spouses' benefits shall be reinstated. If a member ceases making contributions for spouses' benefits for any reason, there shall be no return to the member of contributions for such spouses' benefits. (b) Any other provision of subsection (a) of this Code section or any other provision of this chapter to the contrary notwithstanding, any married district attorney emeritus receiving an emeritus salary on July 1^ 1992, who was married for at least one year prior to that date and whose spouse is not otherwise eligible for spouses' benefits shall have the option to reduce his emeritus salary by 10 percent and establish a surviving spouse's benefit equal to one-half of the reduced emeritus salary. Upon the death of a district attorney emeritus who exercised such option, the spouse's benefit provided for in this subsection shall be paid to the surviving spouse in equal monthly installments for life or until the surviving spouse remarries. The option for spouses' benefits for district attorneys emeritus provided for in this subsection must be exercised in writing to the board of trustees by not later than December 31, 1992." Section 2. This Act shall become effective on July 1, 1992, 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, 1992, as required by subsection (a) of Code Section 47-20-50.

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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 sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 109, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1847.

By Representatives Dobbs of the 74th, Colwell of the 4th, Breedlove of the 60th and Smith of the 78th: A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to and use of public facilities by physically handi capped persons, so as to change the definition of a certain term; to define an additional term; to provide that the provisions of said chapter shall apply to certain multifamily dwellings constructed for first occupancy after March 31, 1993.

The following Committee substitute was read:

A BILL To amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, so as to change the definition of a certain term; to define an additional term; to provide that the provi sions of said chapter shall apply to certain multifamily dwellings constructed for first occu pancy after March 31, 1993; to provide for applicable standards and specifications with respect to such multifamily dwellings constructed for first occupancy after March 31, 1993; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA; Section 1. Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, is amended by adding between paragraphs (2) and (3) of Code Section 30-3-2, relating to definitions, a. new paragraph (2.1) to read as follows: "(2.1) 'Covered multifamily dwelling' means a building which had first occupancy after March 31, 1993, and consists of four or more units and has an elevator or the ground floor units of a building which consists of four or more units and does not have an elevator." Section 2. Said chapter is further amended by striking in its entirety paragraph (5) of Code Section 30-3-2, relating to definitions, and inserting in lieu thereof a new para graph (5) to read as follows: "(5) 'Public buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which handicapped or elderly per sons may be employed, that are constructed or renovated by the use of private funds, including rental apartment complexes of 20 units or more and temporary lodging facili ties of 20 units or more, but excluding covered multifamily dwellings; providedz however, that this chapter shall require fully accessible or adaptable units only through July lj 1997, and in only 2 percent of the total rental apartments, or a minimum of one, whichever is greater, and this chapter shall apply to only 6 2 percent of the total tempo rary lodging units, or a minimum of one, whichever is greater^; providedj further, that this chapter shall not apply to a private single-family residence or to duplexes or any complex containing fewer than 20 units, or to residential condominiums."

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Section 3. Said chapter is further amended by adding between Code Sections 30-3-3 and 30-3-4 a new Code Section 30-3-3.1 to read as follows:
"30-3-3.1. (a) Covered multifamily dwellings constructed for first occupancy after March 31, 1993, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this Code section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 31, 1993, if it is occupied by that date or if the last building permit or renewal thereof for the covered multifamily dwellings is issued by a local government on or before January 31, 1993. The burden of establishing impracticality because of terrain or unusual site characteristics shall be in accordance with the guidelines established under the federal Fair Housing Amendments Act of 1988, Public Law 100-430.
(b) All covered multifamily dwellings constructed for first occupancy after March 31, 1993, with a building entrance on an accessible route shall be designed and constructed:
(1) In such a manner that: (A) The public and common use areas are readily accessible to and usable by
handicapped persons; (B) All the doors designed to allow passage into and within all premises are suf
ficiently wide to allow passage by handicapped persons in wheelchairs; and (C) All premises within covered multifamily dwelling units contain the following
features of adaptable design: (i) An accessible route into and through the covered dwelling unit; (ii) Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations; (iii) Reinforcements in bathroom walls to allow later installation of grab bars
around the toilet, tub, shower stall, and shower seat, where such facilities are pro vided; and
(iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space; or (2) To conform to the appropriate standards and requirements of Code Sections 30-3-3 and 30-3-4." Section 4. Said chapter is further amended by inserting at the end thereof the fol lowing: "30-3-7. Notwithstanding any provision of this chapter to the contrary, to the extent that the provisions of this chapter are inconsistent with the provisions of the federal Fair Housing Amendments Act of 1988, Public Law 100-430 and the regulations and guidelines promulgated pursuant to such federal act, the provisions of such federal act and regulations and guidelines shall control." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Orrock of the 30th moves to amend the Committee substitute to HB 1847 by striking all matter on lines 9 through 16 of page 4 and inserting in lieu thereof the following:
'"30-3-7. (a) Any provision of this chapter which affords handicapped persons greater access than is required by federal law shall be fully effective as state law to the maximum extent permitted by federal law.
(b) Except as otherwise provided in subsection (a) of this Code section, to the extent that the provisions of this chapter are in conflict with the provisions of the federal Fair Housing Amendments Act of 1988, Public Law 100-430, and the regulations and guide lines promulgated pursuant to such federal act, the provisions of such federal act and

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regulations and guidelines shall control; but nothing in this subsection shall operate to defeat the intention of subsection (a) of this Code section.'"

The following amendment was read and lost:

Representative Orrock of the 30th moves to amend the Committee substitute to HB 1847 by striking from lines 12 and 13 of page 2 the following:
"only through July 1^ 1997, and".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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 2093. By Representative Connell of the 87th: A bill to amend an Act creating the board of commissioners of Richmond County, so as to provide for a chairperson.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2094. 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 Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a third judge of the superior courts of the Flint Judicial Circuit.
Referred to the Committee on Judiciary.

HB 2095. By Representative Jenkins of the 80th: A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall promulgate rules and regulations which specify the quantity and contamination level of petroleum contaminated soil which is permissible as a by-product of an asphalt or con crete producing or manufacturing facility.
Referred to the Committee on Natural Resources & Environment.

HB 2097. By Representatives Cummings of the 134th, Orrock of the 30th, McKinney of the 40th, McKinney of the 35th and Brooks of the 34th: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the "Privacy for Consumers and Workers Act".
Referred to the Committee on Industrial Relations.

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HB 2100. By Representative Birdsong of the 104th: A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1775.

By Representatives Dunn of the 73rd and Kingston of the 125th: A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Anno tated, relating to group or blanket accident and sickness insurance, so as to provide a short title; to provide for legislative intent; to provide for defini tions; to provide for applicability; to create the Georgia Small Employer Health Reinsurance Program.

The following Committee substitute was read and adopted:

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 a short title, to pro vide for legislative intent; to provide definitions; to provide for applicability; to provide for standards and requirements for premium rates charged to small employer health benefit plans; to provide for rules and regulations to be promulgated by the Commissioner of Insurance; to require certain disclosures in the offering or sale of small employer health benefit plans; to provide for information to be maintained by a small employer insurance carrier at its principal place of business; to provide for information to be filed with or available to the Commissioner of Insurance; to provide requirements relative to the renewal of small employer health benefit plans; to provide for certain plan offerings by small employer insurance carriers; to provide requirements relative to small employer health benefit plans; to provide for applications for certain carriers seeking to operate as risk-assuming carriers; to require approval to operate as a risk-assuming carrier; to provide conditions for rescinding such approval; to create the Georgia Small Employer Health Reinsurance Program and provide for all matters relative to such program; to provide for the appointment of a Health Benefit Plan Committee and for the functions and other matters relative to such committee; to prohibit certain acts; to provide certain require ments relative to small employer insurance carriers and producers; to authorize certain exemptions; to provide for 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 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by adding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3 33-30-40. This article shall be known and may be cited as the 'Small Employer Health Insurance Availability and Consumer Protection Act.' 33-30-41. The purposes and intents of this article are to promote the availability of health insurance coverage to small employers regardless of their health status or claims experience, to prevent abusive rating practices, to require disclosure of rating practices

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2385

to purchasers, to establish rules regarding renewability of coverage, to establish limita tions on the use of preexisting condition exclusions, to provide for development of basic and standard health benefit plans to be offered to all small employers, to provide for establishment of a reinsurance program, and to improve the overall fairness and effi ciency of the small group health insurance market. This article is not intended to pro vide a comprehensive solution to the problem of affordability of health care or health insurance.
33-30-42. As used in this article, the term: (1) 'Actuarial certification' means a written statement by a member of the Ameri
can Academy of Actuaries or other individual acceptable to the Commissioner that a small employer carrier is in compliance with the provisions of Code Section 33-30-45 based upon the person's examination, including a review of the appropriate records and of the actuarial assumptions and methods used by the small employer carrier in establishing premium rates for applicable health benefit plans.
(2) 'Affiliate' or 'affiliated' means any entity or person who directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with a specified entity or person.
(3) 'Basic health benefit plan' means a lower cost health benefit plan developed pursuant to Code Section 33-30-50.
(4) 'Board' means the board of directors of the program established pursuant to Code Section 33-30-49.
(5) 'Carrier' means any entity that provides health insurance in this state. For the purposes of this article, carrier includes an insurer, a fraternal benefit society, a health care plan, a nonprofit medical service corporation, a nonprofit hospital service corpo ration, a health maintenance organization or multiple employer self-insured health plan authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of accident and sickness insurance by whatever name called, or any other entity providing a plan of health insurance or health benefits subject to state insurance regulation.
(6) 'Case characteristics' means demographic or other objective characteristics of a small employer that are considered by the small employer carrier in the determination of premium rates for the small employer, provided that claim experience, health sta tus, and duration of coverage shall not be case characteristics for the purposes of this article.
(7) 'Commissioner' means the Commissioner of Insurance of the State of Georgia. (8) 'Committee' means the Health Benefit Plan Committee created pursuant to Code Section 33-30-50. (9) 'Control' shall be defined in the same manner as paragraph (3) of Code Section 33-13-1. (10) 'Dependent' means a person who is entitled to medical benefits coverage under a health benefit plan by reason of such person's dependency on or relationship to an eligible employee. (11) 'Eligible employee' means an employee who works on a full-time basis and has a normal work week of 30 or more hours. The term includes a sole proprietor, a part ner of a partnership, and an independent contractor if the sole proprietor, partner, or independent contractor is included as an employee under a health benefit plan of a small employer but does not include an employee who works on a part-time, tempo rary, or substitute basis. (12) 'Established geographic service area" means a geographical area, as approved by the Commissioner and based on the carrier's certificate of authority to transact insur ance in this state, within which the carrier is authorized to provide coverage. (13) 'Health benefit plan' means any hospital or medical policy or certificate, sub scriber contract or certificate, or other contract of accident and sickness insurance by whatever name called. Health benefit plan does not include specified diseases, fixed indemnity, hospital indemnity, accident-only, credit, dental, vision, medicare supple ment, long-term care, or disability income insurance coverage issued as a supplement to liability insurance, workers' compensation or similar insurance, automobile medical payment, or personal injury protection insurance.

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(14) 'Index rate' means the total amount of underwritten premiums expected to be generated on all existing groups over a period of the next 12 months if there were nei ther upward nor downward deviations of renewal rates.
(15) 'Insured' means an employee, member, enrollee, or dependent of an employee, member, or enrollee insured under group-type coverage with the same group policyholder at any time during the previous 12 months.
(16) 'Late enrollee' means an eligible employee or dependent who requests enroll ment in a health benefit plan of a small employer following the initial enrollment period for which such individual is entitled to enroll under the terms of the health benefit plan, provided that such initial enrollment period is a period of at least 30 days. However, an eligible employee or dependent shall not be considered a late enrollee if:
(A) The individual meets each of the following: (i) The individual was covered under qualifying previous coverage at the time
of the initial enrollement; (ii) The individual lost coverage under qualifying previous coverage as a result
of termination of employment or eligibility, the involuntary termination of the qualifying previous coverage, death of a spouse, or divorce; and
(iii) The individual requests enrollment within 30 days after termination of the qualifying previous coverage; (B) The individual is employed by an employer that offers multiple health bene fit plans and the individual elects a different plan during an open enrollment period; or (C) A court has ordered coverage be provided for a spouse or minor or depen dent child under a covered employee's health benefit plan and request for enroll ment is made within 30 days after issuance of the court order. (17) 'New business premium rate' means as to each rating period, the lowest pre mium rate charged or offered, or which could have been charged or offered, by the small employer carrier to small employers with similar case characteristics for newly issued health benefit plans with the same or similar coverage. (18) 'Plan of operation' means the plan of operation of the program established pur suant to Code Section 33-30-50. (19) 'Premium' means all moneys paid by a small employer and eligible employees as a condition of receiving coverage from a small employer carrier, including any fees or other contributions associated with the health benefit plan. (20) 'Producer' means an insurance agent, broker, solicitor, subagent, agency, or other person which is engaged in the business of soliciting and selling accident and sickness insurance in this state by whatever name called and is subject to regulation by the Commissioner under Chapter 23 of this title. (21) 'Program' means the Georgia Small Employer Reinsurance Program created pursuant to Code Section 33-30-49. (22) 'Qualifying previous coverage' and 'qualifying existing coverage' means benefits or coverage provided under: (A) Medicare or Medicaid; (B) An employer based health insurance or health benefit arrangement that pro vides benefits similar to or exceeding benefits provided under the basic health bene fit plan; or (C) An individual health insurance policy, including coverage issued by a health maintenance organization, an insurer, a fraternal benefit society, a health care plan, a nonprofit medical service corporation, a nonprofit hospital service corporation, or a health maintenance organization or multiple employer self-insured health plan authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of accident and sickness insurance by whatever name called, that provide benefits similar to or exceeding the benefits provided under the basic health benefit plan, provided that such policy has been in effect for a period of at least one year. (23) 'Rating period' means the calendar period for which premium rates established by a small employer carrier are assumed to be in effect.

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(24) 'Reinsuring carrier' means a small employer carrier participating in the reinsur ance program pursuant to Code Section 33-30-49.
(25) 'Restricted network provision' means any provision of a health benefit plan that conditions the payment of benefits, in whole or in part, on the use of health care providers that have entered into a contractual arrangement with the carrier pursuant to this title to provide health care services to covered individuals.
(26) 'Risk-assuming carrier' means a small employer carrier whose application is approved by the Commissioner pursuant to Code Section 33-30-45.
(27) 'Small employer' means any person, firm, corporation, partnership, or associa tion that is actively engaged in business and on at least 50 percent of its working days during the preceding calendar quarter employed at least three but no more than 50 eligible employees, the majority of whom were employed within this state. In deter mining the number of eligible employees, companies that are affiliated companies, or that are eligible to file a combined tax return for purposes of state taxation, shall be considered one employer.
(28) 'Small employer carrier' means a carrier that offers health benefit plans cover ing eligible employees of one or more small employers in this state.
(29) 'Standard health benefit plan' means a health benefit plan developed pursuant to Code Section 33-30-50. 33-30-43. (a) This article shall apply to any individual or group health benefit plan that provides coverage to the employees of a small employer in this state if any of the following conditions are met:
(1) Any portion of the premium or benefits is paid by or on behalf of the small employer;
(2) An eligible employee or dependent is reimbursed whether through wage adjust ments or otherwise by or on behalf of the small employer for any portion of the pre mium; or
(3) The health benefit plan is treated by the employer or any of the eligible employees or dependents as part of a plan or program for the purposes of Section 162, Section 125, or Section 106 of the United States Internal Revenue Code, (b) (1) Except as provided in paragraph (2) of this subsection, for the purposes of this article, carriers that are affiliated companies or that are eligible to file a consoli dated tax return shall be treated as one carrier and any restrictions or limitations imposed by this article shall apply as if all health benefit plans delivered or issued for delivery to small employers in this state by such affiliated carriers were issued by one carrier.
(2) An affiliated carrier that is a health maintenance organization having a certifi cate of authority under Chapter 21 of this title may be considered to be a separate carrier for the purposes of this article. 33-30-44. (a) (1) The percentage increase in the premium rate charged to a small employer for a new rating period may not exceed the sum of the following:
(A) The percentage change in the new business premium rate measured from the first day of the prior rating period to the first day of the new rating period. In the case of a health benefit plan into which the small employer carrier is no longer enrolling new small employers, the small employer carrier shall use the percentage change in the base premium rate or the change in the new business premium rate for the most similar health benefit plan into which the small employer carrier is actively enrolling new small employers;
(B) Any adjustment not to exceed 15 percent annually and adjusted pro rata for rating periods of less than one year due to the claim experience, health status, or duration of coverage of the employees or dependents of the small employer as deter mined from the small employer carrier's rate manual for the class of business; and
(C) Any adjustment due to change in coverage or change in the case characteris tics of the small employer as determined from the small employer carrier's rate manual for the class of business. (2) Adjustments in rates for claim experience, health status, and duration of cover age shall not be charged to individual employees or dependents. Any such adjustment

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shall be applied uniformly to the rates charged for all employees and dependents of the small employer.
(3) Premium rates for health benefits plans shall comply with the requirements of this Code section notwithstanding any assessments paid or payable by small employer carriers pursuant to Code Section 33-30-49.
(4) A small employer carrier may utilize industry as a case characteristic in estab lishing premium rates, provided that the highest rate factor associated with any indus try classification shall not exceed the lowest rate factor associated with any industry classification by more 15 percent.
(5) (A) Small employer carriers shall apply rating factors, including case charac teristics, consistently with respect to all small employers. Rating factors shall produce premiums for identical groups which differ only by amounts attributable to plan design and do not reflect differences due to the nature of the groups assumed to select particular health benefit plans.
(B) A small employer carrier shall treat all health benefit plans issued or renewed in the same calendar month as having the same rating period. (6) For the purposes of this subsection, a health plan that utilizes a restricted provider network shall not be considered similar coverage to a health benefit plan that does not utilized such a network. (7) A small employer carrier shall not use case characteristics other than age, gen der, industry, geographic area, tobacco usage, family composition, occupation, avoca tion, or group size without the prior approval of the Commissioner. (8) The premium rates applicable to a new or renewal policy for an individual small employer shall not be increased more than twice during any 12 month period. (9) The Commissioner may establish regulations to implement the provisions of this Code section and to assure that rating practices used by small employer carriers are consistent with the purposes of this article, including:
(A) Assuring that differences in rates charged for health benefit plans by small employer carriers are reasonable and reflect objective differences in plan design, not including differences due to the nature of the groups assumed to select particular health benefit plans; and
(B) Prescribing the manner in which case characteristics may be used by small employer carriers. (b) In connection with the offering for sale of any health benefit plan to a small employer a small employer carrier shall make a reasonable disclosure, as part of its solic itation and sales materials, of all of the following: (1) The extent to which premium rates for a specified small employer are estab lished or adjusted based upon the actual or expected variation in claims costs or actual or expected variation in health status of the employees of the small employer and their dependents; (2) The provisions of the health benefit plan concerning the small employer carri er's right to change premium rates and factors, other than claim experience, that affect changes in premium rates; (3) The provisions relating to renewability of policies and contracts; and (4) The provisions relating to any preexisting condition provision. (c) (1) Each small employer carrier shall maintain at its principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation that demonstrate that its rating methods and practices are based upon commonly accepted actuarial assumptions and are in accordance with sound actuarial principles. (2) Each small employer carrier shall file with the Commissioner annually on or before March 15 an actuarial certification certifying that the carrier is in compliance with this article and that the rating methods of the small employer carrier are actuarially sound. Such certification shall be in a form and manner and shall contain such information as specified by the Commissioner. A copy of the certification shall be retained by the small employer at its principal place of business. (3) A small employer carrier shall make the information and documentation described in paragraph (1) of this subsection available to the Commissioner upon

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request. Except in cases of violations of this article, the information shall be consid ered proprietary and trade secret information and shall not be subject to disclosure by the Commissioner to persons outside of the Department of Insurance except as agreed to by the small employer carrier or as ordered by a court of competent jurisdic tion. 33-30-45. (a) A health benefit plan subject to this article shall be renewable with respect to all eligible employees and dependents, at the option of the small employer, except in any of the following cases:
(1) Nonpayment of the required premiums; (2) Fraud or misrepresentation of the small employer or, with respect to coverage of individual insureds, the insureds or their representatives; (3) Noncompliance with the carrier's minimum participation requirements; (4) Noncompliance with the carrier's employer contribution requirements; (5) Repeated misuse of a provider network provision; (6) The small employer carrier elects to nonrenew all of its health benefit plans delivered or issued for delivery to small employers in this state. In such a case the carrier shall:
(A) Provide advance notice of its decision under this paragraph to the Commis sioner in each state in which it is licensed; and
(B) Provide notice of the decision not to renew coverage to all affected small employers and to the commissioner in each state in which an affected covered indi vidual is known to reside at least 180 days prior to the nonrenewal of any health benefit plan by the carrier. Notice to a commissioner under this subparagraph shall be provided at least three working days prior to the notice to the affected small employers; or (7) The Commissioner finds that the continuation of the coverage would:
(A) Not be in the best interests of the policyholders or certificate holders; or (B) Impair the carrier's ability to meet its contractual obligations. In such instance the Commissioner shall assist affected small employers in finding replacement coverage. (b) A small employer carrier that elects not to renew a health benefit plan under subparagraph (a)(6)(A) of this Code section shall be prohibited from writing new busi ness in the small employer market in this state for a period of five years from the date of notice to the Commissioner. (c) In the case of a small employer carrier doing business in one established geo graphic service area of the state, the rules set forth in this subsection shall apply only to the carrier's operations in such service area. 33-30-46. (a) (1) Every small employer carrier shall, as a condition of transacting business in this state with small employers, actively offer to small employers at least two health benefit plans. One health benefit plan offered by each small employer car rier shall be a basic health benefit plan, and one plan shall be a standard health bene fit plan; provided, however, that small employer carriers whose bylaws or charters do not permit them to issue coverage on a market-wide basis shall only be required to guarantee issue to those small employers that meet the requirements of their charter or bylaws. Charter provisions which prohibit issuance to specific populations based on health status or health risk shall not be considered as exceptions to the requirements of this subsection. (2) A small employer carrier shall issue a basic health benefit plan or a standard health benefit plan to any eligible small employer that applies for either such plan and agrees to make the required premium payments and to satisfy the other reason able provisions of the health benefit plan not inconsistent with this article. (3) A small employer is eligible under paragraph (2) of this subsection if it employed at least three but no more than 25 eligible employees within this state on at least 50 percent of its working days during the preceding calendar quarter. (4) The provisions of this subsection shall be effective 180 days after the Commis sioner's approval of the basic health plan and the standard health benefit plan devel oped pursuant to Code Section 33-30-50, provided that if the Small Employer Health

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Reinsurance Program created pursuant to Code Section 33-30-49 is not yet in opera tion on such date, the provisions of this paragraph shall be effective on the date that such program begins operation. (b) (1) A small employer carrier shall file with the Commissioner, in a form and manner prescribed by the Commissioner, the basic health plans and the standard health benefit plans to be used by the carrier. A health benefit plan filed pursuant to this paragraph may be used by a small employer carrier beginning 30 days after it is filed unless the Commissioner disapproves its use.
(2) The Commissioner at any time may, after providing notice and an opportunity for a hearing to a small employer carrier, disapprove the continued use by the small employer carrier of a basic or standard health benefit plan on the grounds that such plan does not meet the requirements of this article. (c) Health benefit plans covering small employers shall comply with the following provisions:
(1) A health benefit shall not deny, exclude, or limit benefits for a covered individ ual for losses incurred more than 12 months following the effective date of the individual's coverage due to a preexisting condition. A health benefit plan shall not define a preexisting condition more restrictively than:
(A) A condition that would have caused an ordinarily prudent person to seek medical advice, diagnosis, care, or treatment during the six months immediately pre ceding the effective date of coverage;
(B) A condition for which medical advice, diagnosis, care, or treatment was rec ommended or received during the six months immediately preceding the effective date of coverage; or
(C) A pregnancy existing on the effective date of coverage; (2) A health benefit plan shall waive any time period applicable to a preexisting condition exclusion or limitation period with respect to particular services for the period of time an individual was previously covered by qualifying previous coverage that provided benefits with respect to such services, provided that the qualifying pre vious coverage was continuous to a date not less than 30 days prior to the effective date of the new coverage. This paragraph does not preclude application of any waiting period applicable to all new enrollees under the health benefit plan; (3) A health benefit plan may exclude coverage for late enrollees for the greater of 18 months or for an 18 month preexisting condition exclusion, provided that if both a period of exclusion from coverage and a preexisting condition exclusion are applica ble to a late enrollee, the combined period shall not exceed 18 months from the date the individual enrolls for coverage under the health benefit plan; (4) (A) Except as provided in subsection (c) of this Code section, the require ments used by a small employer carrier in determining whether to provide coverage to a small employer, including requirements for minimum participation of eligible employees and minimum employer contributions, shall be applied uniformly among all small employers with the same number of eligible employees applying for cover age or receiving coverage from the small employer carrier.
(B) A small employer carrier may vary application of minimum participation requirements and minimum employer contribution requirements only by the size of the small employer group.
(C) Except for changes in the number of eligible employees, a small employer carrier shall not increase any requirement for minimum employee participation or any requirement for minimum employer contribution applicable to a small employer at any time after the small employer has been accepted for coverage; and (5) (A) If a small employer carrier offers coverage to a small employer, the small employer carrier shall offer coverage to all of the eligible employees of a small employer and their dependents. A small employer carrier shall not offer coverage to only certain individuals in a small employer group or to only part of the group, except in the case of late enrollees as provided in paragraph (3) of this subsection.
(B) No health benefit plan issued by a small employer carrier may limit or exclude, by use of a rider or amendment applicable to a specific individual, coverage

WEDNESDAY, MARCH 11, 1992

2391

by type of illness, treatment, medical condition, or accident, except for preexisting conditions or diseases as permitted under Code Section 33-24-26 or other applicable provisions of this title. (d) (1) A small employer carrier shall not be required to offer coverage or accept applications pursuant to subsection (a) of this Code section in the case of the follow ing:
(A) To a small employer, where the small employer is not physically located in the carrier's established geographic service area;
(B) To an employee, when the employee does not work or reside within the car rier's established geographic service area; or
(C) Within an area where the small employer carrier reasonably anticipates, and demonstrates to the satisfaction of the Commissioner, that it will not have the capacity within its established geographic service area to deliver service adequately to the members of such groups because of its obligations to existing group policyholders and enrollees. (2) A small employer carrier that cannot offer coverage pursuant to subparagraph (d)(l)(C) may not offer coverage in the applicable area to new cases of employer groups with more than 25 eligible employees or to any small employer groups until the later of 180 days following each such refusal or the date on which the carrier noti fies the Commissioner that it has regained capacity to deliver services to small employer groups. (e) A small employer carrier shall not be required to provide coverage to small employers pursuant to subsection (a) of this Code section for any period of time for which the Commissioner determines that requiring the acceptance of small employers in accordance with the provisions of subsection (a) of this Code section would place the small employer carrier in a financially impaired condition. 33-30-47. (a) (1) Each small employer carrier shall notify the Commissioner within 30 days of July 1, 1992, of the carrier's intention to operate as a risk-assuming carrier or a reinsuring carrier. A small employer carrier seeking to operate as a risk-assuming carrier shall make an application pursuant to Code section 33-30-48. (2) The decision shall be binding for a five-year period except that the initial deci sion shall be made within 30 days of July 1, 1992, and shall be made for two years. The Commissioner may permit a carrier to modify its decision at any time for good cause shown. (3) The Commissioner shall establish an application process for small employer carriers seeking to change their status under this Code section. (b) A reinsuring carrier that applies and is approved to operate as a risk-assuming carrier shall not be permitted to continue to reinsure any health benefit plan with the program. Such a carrier shall pay a prorated assessment based upon business issued as a reinsuring carrier for any portion of the year that the business was reinsured. 33-30-48. (a) A small employer carrier may apply to become a risk-assuming carrier by filing an application with the Commissioner in a form and manner prescribed by the Commissioner. (b) The Commissioner shall consider the following factors in evaluating an applica tion filed under subsection (a) of this Code section: (1) The carrier's financial condition; (2) The carrier's history of rating and underwriting small employer groups; (3) The carrier's commitment to market fairly to all small employers in the state or its established geographic service area, as applicable; and (4) The carrier's experience with managing the risk of small employer groups. (c) The Commissioner shall provide public notice of an application by a small employer carrier to be a risk-assuming carrier and shall provide at least a 60 day period for public comment prior to making a decision on the application. If the application is not acted upon within 90 days of the receipt of the application by the Commissioner, the carrier may request a hearing. (d) The Commissioner may rescind the approval granted to a risk-assuming carrier under this Code section if the Commissioner finds that:

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(1) The carrier's financial condition will no longer support the assumption of risk from issuing coverage to small employers in compliance with Code Section 33-30-46 without the protection afforded by the program;
(2) The carrier has failed to market fairly to all small employers in the state or its established geographic service area, as applicable; or
(3) The carrier has failed to provide coverage to eligible small employers as required in Code Section 33-30-46. (e) A small employer carrier electing to be a risk-assuming carrier shall not be sub ject to the provisions of Code Section 33-30-49. 33-30-49. (a) A reinsuring carrier shall be subject to the provisions of this Code sec tion. (b) There is created a nonprofit entity to be known as the Georgia Small Employer Health Reinsurance Program. (c) (1) The program shall operate subject to the supervision and control of the Board of the Georgia Small Employer Health Reinsurance Program. Subject to the provisions of paragraph (2) of this subsection, the board shall consist of nine members appointed by the Commissioner plus the Commissioner or his or her designated repre sentative, who shall serve as an ex officio member of the Board.
(2) At least six of the members of the board shall be small employer carriers. In the event that there are not sufficient small employer carriers to serve on the board, the remaining seats may be filled by any carrier.
(3) At least one member of the board shall be, to the extent possible: (A) A carrier whose principal health insurance business is in the small employer
market; (B) A carrier whose principal health insurance business is in the large employ
ment market; (C) A health service corporation, hospital service corporation, or medical service
corporation; (D) A health maintenance organization; and (E) A multiple employer welfare arrangement.
(4) The initial board members shall be appointed as follows: three members to serve terms of two years; three members to serve terms of four years; and three mem bers to serve terms of six years. Subsequent board members shall serve for terms of three years. A board member's term shall continue until his or her successor is appointed.
(5) A vacancy on the board shall be filled by the Commissioner. A board member may be removed by the Commissioner for cause. (d) Within 60 days of July 1, 1992, each small employer carrier shall make a filing with the Commissioner containing the carrier's net health insurance premium derived from health benefit plans delivered or issued for delivery to small employers in this state in the previous calendar year. (e) Within 180 days after the appointment of the initial board, the board shall sub mit to the Commissioner a plan of operation and thereafter any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the program. The Commissioner may, after notice and hearing, approve the plan of opera tion if the Commissioner determines it to be suitable to assure the fair, reasonable, and equitable administration of the program and provides for the sharing of program gains or losses on an equitable and proportionate basis in accordance with the provisions of this Code section. The plan of operation shall become effective upon approval in writing by the Commissioner. (f) If the board fails to submit a suitable plan of operation within 180 days after its appointment, the Commissioner shall, after notice and hearing, promulgate and adopt a temporary plan of operation. The Commissioner shall amend or rescind any plan so adopted under this subsection at the time a plan of operation is submitted by the board and approved by the Commissioner. (g) The plan of operation shall:
(1) Establish procedures for handling and accounting of program assets and mon eys and for an annual fiscal reporting to the Commissioner;

WEDNESDAY, MARCH 11, 1992

2393

(2) Establish procedures for selecting and administering a carrier and setting forth the powers and duties of the administering carrier;
(3) Establish procedures for reinsuring risks in accordance with the provisions of this Code section;
(4) Establish procedures for collecting assessments from reinsuring carriers to fund claims and administrative expenses incurred or estimated to be incurred by the pro gram; and
(5) Provide for any additional matters necessary for the implementation and administration of the program. (h) The program shall have the general powers and authority granted under the laws of this state to insurance companies and health maintenance organizations licensed to transact business, except the power to issue health benefit plans directly to either groups or individuals. In addition thereto, the program shall have the specific authority to:
(1) Enter into contracts as necessary or proper to carry out the provisions and pur poses of this article, including the authority, with the approval of the Commissioner, to enter into contracts with similar programs in other states for the joint performance of common functions or with persons or other organizations for the performance of administrative functions;
(2) Sue or be sued, including taking any legal actions necessary or proper to recover any assessments and penalties for, on behalf of, or against the program or any reinsuring carriers;
(3) Take any legal action necessary to avoid the payment of improper claims against the program;
(4) Define the health benefit plans for which reinsurance will be provided and to issue reinsurance policies in accordance with the requirements of this article;
(5) Establish rules, conditions, and procedures for reinsuring risks under the pro gram;
(6) Establish actuarial functions as appropriate for the operation of the program; (7) Assess reinsuring carriers in accordance with the provisions of subsection (1) of this Code section, and to make advance interim assessments as may be reasonable and necessary for organizational and interim operating expenses. Any interim assessments shall be credited as offsets against any regular assessments due following the close of the calendar year; (8) Appoint appropriate legal, actuarial, and other committees as necessary to pro vide technical assistance in the operation of the program, policy, and other contract design, and any other function within the authority of the program; and (9) Borrow money to effect the purposes of the program. Any notes or other evi dence of indebtedness of the program not in default shall be legal investments for car riers and may be carried as admitted assets. (i) A reinsuring carrier may reinsure with the program as provided for in this subsec tion: (1) With respect to a basic health benefit plan or a standard health benefit plan, the program shall reinsure the level of coverage provided and, with respect to other plans, the program shall reinsure up to the level of coverage provided in a basic or standard health benefit plan; (2) A small employer carrier may reinsure an entire employer group within 60 days of the commencement of the group's coverage under a health benefit plan; (3) A reinsuring carrier may reinsure an eligible employee or dependent within a period of 60 days following the commencement of the coverage with the small employer. A newly eligible employee or dependent of a reinsured small employer may be reinsured within 60 days of the commencement of his or her coverage; (4) (A) The program shall not reimburse a reinsuring carrier with respect to the claims of a reinsured employee or dependent until the carrier has incurred an initial level of claims for such employee or dependent of $5,000.00 in a calendar year for benefits covered by the program. In addition, the reinsuring carrier shall be respon sible for 10 percent of the next $50,000.00 of incurred claims during a calendar year and the program shall reinsure the remainder. A reinsuring carrier's liability under

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this subparagraph shall not exceed a maximum limit of $10,000.00 in any one calen dar year with respect to any reinsured individual.
(B) The board annually shall adjust the initial level of claims and the maximum limit to be retained by the carrier to reflect increases in costs and utilization within the standard market for health benefit plans within the state. The adjustment shall not be less than the annual change in the medical component of the Consumer Price Index for All Urban Consumers of the Department of Labor, Bureau of Labor Sta tistics, unless the board proposes and the Commissioner approves a lower adjust ment factor; and (5) A small employer carrier may terminate reinsurance for one or more of the reinsured employees or dependents of a small employer on any plan anniversary, (j) (1) The board, as part of the plan of operation, shall establish a methodology for determining premium rates to be charged by the program for reinsuring small employers and individuals pursuant to this Code section. The methodology shall include a system for classification of small employers that reflects the types of case characteristics commonly used by small employer carriers in the state. The methodology shall provide for the development of base reinsurance premium rates, which shall be multiplied by the factors set forth in paragraph (2) of this subsection to determine the premium rates for the program. The base reinsurance premium rates shall be established by the board, subject to the approval of the Commissioner, and shall be set at levels which reasonably approximate gross premiums charged to small employers by small employer carriers for health benefit plans with benefits similar to the standard health benefit plan. (2) Premiums for the program shall be as follows:
(A) An entire small employer group may be reinsured for a rate that is one and one-half times the base reinsurance premium rate for the group established pursu ant to this paragraph; and
(B) An eligible employee or dependent may be reinsured for a rate that is five times the base reinsurance premium rate for the individual established pursuant to this paragraph. (3) The board periodically shall review the methodology established under para graph (1) of this subsection, including the system of classification and any rating fac tors, to assure that it reasonably reflects the claims experience of the program. The board may propose changes to the methodology which shall be subject to the approval of the Commissioner. (k) If a health benefit plan for a small employer is entirely or partially reinsured with the program, the premium charged to the small employer for any rating period for the coverage issued shall meet the requirements relating to premium rates set forth in Code Section 33-30-44. (1) (1) Prior to March 1 of each year, the board shall determine and report to the Commissioner the program net loss for the previous calendar year, including adminis trative expenses and incurred losses for the year, taking into account investment income and other appropriate gains and losses. (2) (A) Any net loss for the year shall be recouped by assessments of reinsuring carriers. The board shall establish as part of the plan of operation, a formula by which to make assessments against reinsuring carriers. The assessment formula shall be based on:
(i) Each reinsuring carrier's share of the total premiums earned in the pre ceding calendar year from health benefit plans delivered or issued for delivery to small employers in this state by reinsuring carriers; and
(ii) Each reinsuring carrier's share of the premiums earned in the preceding calendar year from newly issued health benefit plans delivered or issued for deliv ery during such calendar year to small employers in this state by reinsuring carri ers. (B) The formula established pursuant to subparagraph (A) of this paragraph shall not result in any reinsuring carrier having an assessment share that is less than 50 percent nor more than 150 percent of an amount which is based on the propor tion of the reinsuring carrier's total premiums earned in the preceding calendar year

WEDNESDAY, MARCH 11, 1992

2395

from health benefit plans delivered or issued for delivery to small employers in this state by reinsuring carriers to total premiums earned in the preceding calendar year from health benefit plans delivered or issued for delivery to small employers in this state by all reinsuring carriers.
(C) The board may, with approval of the Commissioner, change the assessment formula established pursuant to subparagraph (A) of this paragraph from time to time as appropriate. The board may provide for the shares of the assessment base attributable to premiums from all health benefit plans and to premiums from newly issued health benefit plans to vary during a transition period.
(D) Subject to the approval of the Commissioner, the board shall make an adjustment to the assessment formula for reinsuring carriers that are approved health maintenance organizations which are federally qualified under 42 U.S.C. Sec tion 300, et seq., to the extent, if any, that restrictions are placed on them that are not imposed on other small employer carriers.
(E) Premiums and benefits paid by a reinsuring carrier that are less than an amount determined by the board to justify the cost of collection shall not be consid ered for purposes of determining assessments. (3) (A) Prior to March 1 of each year, the board shall determine and file with the Commissioner an estimate of the assessments needed to fund the losses incurred by the program in the previous calendar year.
(B) If the board determines that the assessments needed to fund the losses incurred by the program in the previous calendar year will exceed the amount speci fied in subparagraph (C) of this paragraph, the board shall evaluate the operation of the program and report its findings, including any recommendations for changes to the plan of operation, to the Commissioner within 90 days following the end of the calendar year in which the losses were incurred. The evaluation shall include: an estimate of future assessments; the administrative costs of the program; the appropriateness of the premiums charged and the level of insurer retention under the program; the costs of coverage for small employers; and recommendations for additional funding sources if needed. Upon receipt of the evaluation report, or if the board fails to file the evaluation report with the Commissioner within 90 days fol lowing the end of the applicable calendar year, the Commissioner may evaluate the operations of the program and implement such amendments to the plan of opera tion the Commissioner deems necessary to reduce future losses and assessments. If the Commissioner determines that legislation or other broader funding alternatives are needed and if legislation or other broader funding alternatives are not found, the board or the Commissioner may enter into negotiations with representatives of health care providers to resolve any deficit through reductions in future years' pay ment levels for reinsurance carriers.
(C) For any calendar year, the amount specified in this subsection is 5 percent of total premiums earned in the previous year from health benefit plans delivered or issued for delivery to small employers in this state by reinsuring carriers. (4) If assessments exceed net losses of the program, the excess shall be held at interest and used by the board to offset future losses or to reduce program premiums. As used in this paragraph, 'future losses' includes reserves for incurred but not reported claims. (5) Each reinsuring carrier's proportion of the assessment shall be determined annually by the board based on annual statements and other reports deemed neces sary by the board and filed by the reinsuring carriers with the board. (6) The plan of operation shall provide for the imposition of an interest penalty for late payment of assessments. (7) A reinsuring carrier may seek from the Commissioner a deferment from all or part of an assessment imposed by the board. The Commissioner may defer all or part of the assessment of a reinsuring carrier if the Commissioner determines that the pay ment of the assessment would place the reinsuring carrier in a financially impaired condition. If all or part of an assessment against a reinsuring carrier is deferred, the amount deferred shall be assessed against the other participating carriers in a manner

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consistent with the basis for assessment set forth in this subsection. The reinsuring carrier receiving such deferment shall remain liable to the program for the amount deferred and shall be prohibited from reinsuring any individuals or groups in the pro gram until such time as it pays such assessments. (m) Neither the participation in the program as reinsuring carriers, the establish ment of rates, forms, or procedures, nor any other joint or collective action required by this article shall be the basis of any legal action, criminal or civil liability, or penalty against the program or any of its reinsuring carriers either jointly or separately. (n) The board, as part of the plan of operation, shall develop standards setting forth the manner and levels of compensation to be paid to producers for the sale of basic and standard health benefit plans. In establishing such standards, the board shall take into consideration: the need to assure the broad availability of coverages; the objectives of the program; the time and effort expended in placing the coverage; the need to provide ongoing service to the small employer; the levels of compensation currently used in the industry; and the overall costs of coverage to small employers selecting these plans, (o) The program shall be exempt from any and all taxes. 33-30-50. (a) The Commissioner shall appoint a Health Benefit Plan Committee with fair representation of: (1) risk-assuming carriers and reinsuring carriers; (2) the insurance agent and small employer communities; and (3) consumers who are served by plans covered by this article. Two-thirds of the committee shall be appointed from among representatives of small employer carriers. (b) The committee shall recommend the form and level of coverages to be made available by small employer carriers pursuant to Code Section 33-30-46. (c) (1) The committee shall recommend benefit levels, cost-sharing levels, exclu sions and limitations for the basic health benefit plan and the standard health benefit plan. The committee shall also design a basic health benefit plan and a standard health benefit plan which contain benefit and cost-sharing levels that are consistent with the basic method of operation and the benefit plans of health maintenance orga nizations, including any restrictions imposed by federal law. The plans recommended by the committee may include cost containment features such as:
(A) Utilization review of health care services, including review of medical neces sity of hospital and physician services;
(B) Case management; (C) Selective contracting with hospitals, physicians, and other health care providers;
(D) Reasonable benefit differentials applicable to providers that participate or do not participate in arrangements using restricted network provisions; and
(E) Other managed care provisions. (2) The committee shall submit the health benefit plans described in paragraph (1) of this subsection to the Commissioner for approval within 180 days after the appoint ment of the committee. 33-30-51. The board, in consultation with members of the committee, shall study and report at least every three years to the Commissioner on the effectiveness of this article. The report shall analyze the effectiveness of this article in promoting rate stability, product availability, and coverage affordability. The report may contain recommenda tions for actions to improve the overall effectiveness, efficiency, and fairness of the small group health insurance marketplace. The report shall address whether carriers and pro ducers are fairly and actively marketing or issuing health benefit plans to small employ ers in fulfillment of the purposes of this article. The report may contain recommendations for market conduct or other regulatory standards or action. 33-30-52. No law requiring the coverage of a health care service or benefit, or requir ing the reimbursement, utilization, or inclusion of a specific category of licensed health care practitioner, shall apply to a health benefit plan delivered or issued for delivery to small employers in this state pursuant to this chapter. 33-30-53. (a) Each small employer carrier shall actively market health benefit plan coverage, including the basic and standard health benefit plans, to eligible small employ ers in the state. If a small employer carrier denies coverage to a small employer on the

WEDNESDAY, MARCH 11, 1992

2397

basis of the health status or claims experience of the small employer or its employees or dependents, the small employer carrier shall offer the small employer the opportunity to purchase a basic health benefit plan and a standard health benefit plan.
(b) (1) Except as provided in paragraph (2) of this subsection, no small employer carrier or producer shall, directly or indirectly, engage in the following activities:
(A) Encouraging or directing small employers to refrain from filing an applica tion for coverage with the small employer carrier because of the health status, claims experience, industry, occupation, or geographic location of the small employer; or
(B) Encouraging or directing small employers to seek coverage from another car rier because of the health status, claims experience, industry, occupation, or geo graphic location of the small employer. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to information provided by a small employer carrier or producer to a small employer regarding the establishing geographic service area or a restricted network provision of a small employer carrier. (c) (1) Except as provided in paragraph (2) of this subsection, no small employer carrier shall, directly or indirectly, enter into any contract, agreement, or arrangement with a producer that provides for or results in the compensation paid to a producer for the sale of a health benefit plan to be varied because of the health status, claims experience, industry, occupation, or geographic location of the small employer. (2) Paragraph (1) of this subsection shall not apply with respect to a compensation arrangement that provides compensation to a producer on the basis of percentage of premium, provided that the percentage shall not vary because of the health status, claims experience, industry, occupation, or geographic area of the small employer. (d) A small employer carrier shall provide reasonable compensation, as provided under the plan of operation of the program, to a producer, if any, for the sale of a basic or standard health benefit plan. (e) No small employer carrier or producer shall induce or otherwise encourage a small employer to separate or otherwise exclude an employee from health coverage or benefits provided in connection with the employee's employment. (f) Denial by a small employer carrier of an application for coverage from a small employer shall be in writing and shall state the reason or reasons for the denial. (g) The Commissioner may establish regulations setting forth additional standards to provide for the fair marketing and broad availability of health benefit plans to small employers in this state. (h) (1) A violation of this section by a small employer carrier or a producer shall be an unfair trade practice under Code Section 33-6-4. (2) If a small employer carrier enters into a contract, agreement, or other arrange ment with a third-party administrator to provide administrative, marketing, or other services related to the offering of health benefit plans to small employers in this state, the third-party administrator shall be subject to this Code section as if it were a small employer carrier. 33-30-54. (a) The Commissioner may issue regulations in accordance with this title for the implementation and administration of this article. (b) The Commissioner is authorized to exempt insurers from one or more provisions of this article upon satisfactory demonstration that such exemption will not result in rates which are unreasonable, inequitable, or unfair under the circumstances." Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 33. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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HB 1129.

By Representatives Coleman of the 118th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Buck of the 95th and others: A bill to amend Chapter 7 of Title 45 of the Official Code of Georgia Anno tated, relating to compensation of public officers, so as to provide by law for the compensation of certain state officials whose compensation was previ ously fixed in some other manner.

The following Committee substitute was read:

A BILL

To amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to compensation of public officers, so as to provide by law for the compensation of certain state officials whose compensation was previously fixed in some other manner; to provide for the methods of making future changes in such compensation; to abolish the State Com mission on Compensation; to make appropriate changes in corresponding provisions regarding the compensation of state officials throughout the Official Code of Georgia Annotated; 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. Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to compensation of public officers, is amended by striking Code Section 45-7-4, relating to compensation of certain state officials, which reads as follows:
"45-7-4. (a) The annual salary of each of the state officials listed below shall be as follows:

(1) Governor ................................................................................................. $ 60,000.00

An allowance in an amount specified in the appropriations Act shall also be provided for the operation of the Governor's man sion.

(2) Lieutenant Governor.............................................................................

54,920.00

(3) Adjutant general

The adjutant general shall continue to receive the pay and allow ances under the same procedure as provided by law.

(4) Commissioner of Agriculture...............................................................

67,756.00

(5) Attorney General...................................................................................

69,315.00

(6) State auditor ..........................................................................................

67,236.00

(7) Commissioner of Insurance..................................................................

67,744.00

(8) Commissioner of corrections................................................................

65,677.00

(9) Commissioner of Labor.........................................................................

67,756.00

The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States gov ernment and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.

(10) Each member of the State Board of Pardons and Paroles.............

65,157.00

(11) Each member of the Public Service Commission ............................

65,190.00

WEDNESDAY, MARCH 11, 1992
(12) State revenue commissioner ................................................................ (13) State School Superintendent............................................................... (14) Secretary of State.................................................................................. (15) Commissioner of veterans service.......................................................
The above amount of salary for the commissioner of veterans ser vice shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.
(16) Commissioner of banking and finance............................................... (17) Commissioner of administrative services........................................... (18) Each Justice of the Supreme Court................................................... (19) Each Judge of the Court of Appeals.................................................. (20) Each superior court judge....................................................................
Each superior court judge shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law.
(21) Each district attorney........................................................................... Each district attorney shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law.
(22) Each member of the General Assembly............................................. Provided, however, that after January 1, 1987, when employees of the executive, judicial, and legislative branches of government receive a cost-of-living increase of a certain percentage, the members of the General Assembly shall receive a cost-of-living increase of one-half the percentage applicable to such state employees. Each member of the General Assembly shall also receive the allow ances provided by law. The amount of the daily expense allow ance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be $59.00. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees. In addition to any other compensation and allowances authorized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 per year. For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Expenses shall be limited to one or more of the following purposes: per diem differential, lodging, meals, office

2399 66,437.00 69,315.00 67,756.00 67,363.00
65,678.00 65,676.00 90,514.00 89,931.00 65,519.00
58,256.00
10,000.00

2400

JOURNAL OF THE HOUSE,

equipment, postage, personal services, printing and publications, rents, supplies, telecommunications, transportation, and utilities. No reimbursement shall be made for any postage which is used for a political newsletter. Per diem differential shall be the dif ference between the daily expense allowance authorized for members of the General Assembly and the federal per diem rate in effect for the state capital as specified by the General Ser vices Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a supporting doc ument or documents showing payment for each expense claimed or an explanation of the absence of such documentation. No supporting document or documents shall be required for the per diem differential. Any voucher for any expense incurred in any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher submit ted after that date. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph (22). Any former member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Leg islative Services Committee is empowered to provide such proce dures as it deems advisable to administer the provisions of this paragraph including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made, the Legislative Services Commit tee shall make the final determination. In the event any reim bursement is made and it is later determined that such reimbursement was made in error, the person to whom such reimbursement was made shall remit to the legislative fiscal office the amount of money involved. In the event any such per son refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reim bursement which was made in error shall be realized. (23) Speaker of the House of Representatives.......................................... The Speaker of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly. Upon the taking of office by the members of the General Assembly on the convening day of the regular session of the General Assembly in 1983, the annual salary of the Speaker of the House of Representatives shall become $22,800.00. After such date, the Speaker shall also receive as additional salary a sum equal to the amount of salary over $30,000.00 per annum which is received by the Lieutenant Gov ernor as of that date or thereafter; and the salary of the Speaker shall be adjusted at the beginning of each term so as to include such additional sum. (24) President Pro Tempore of the Senate............................................... The President Pro Tempore of the Senate shall also receive the salary and allowances authorized as a member of the General Assembly.

17,800.00 4,800.00

WEDNESDAY, MARCH 11, 1992

2401

(25) Speaker Pro Tempore of the House of Representatives.................

4,800.00

The Speaker Pro Tempore of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly.

(b) As a cost-of-living adjustment, the annual salary of each state official whose sal ary is established by Code Sections 45-7-3, 45-7-4, 45-7-20, and 45-7-21, other than members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly in the general appropria tions Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees who are in the classified service of the state merit system. However, any increase for such officials shall not include within-grade step increases for which classified employees of the state merit sys tem are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase.
(c) The annual salary being received on June 30, 1980, shall be increased by 8 per cent for each state official listed in subsection (a) of this Code section who:
(1) Is not a member of the General Assembly; and (2) Is not a contributing member of a state retirement system and, therefore, does not benefit by or participate in any program whereunder a portion of the employee contributions to the state retirement system are made on behalf of the employee by the employer.", in its entirety and inserting in its place a new Code Section 45-7-4 to read as follows: "45-7-4. (a) The annual salary of each of the state officials listed below shall be as listed below. In any case in which it is indicated that the salary shall be as provided by prior law, such officer shall receive the salary which was in effect for such officer as of January 1, 1992, as provided by action of the board, officer, or other entity previously authorized to fix such officer's compensation. Such salaries shall be as follows:

(1) Governor......................................................................$ 60,000.00

An allowance in an amount specified in the appropriations Act shall also be provided for the operation of the Governor's mansion.

(2) Lieutenant Governor.................................................... 54,920.00

(3) Adjutant general

The adjutant general shall continue to receive the pay and allowances under the same procedure as provided by law.

(4) Commissioner of Agriculture...................................... 67,756.00

(5) Attorney General.......................................................... 69,315.00

(6) State auditor................................................................. 67,236.00

(7) Commissioner of Insurance......................................... 67,744.00

(8) Commissioner of corrections....................................... 65,677.00

(9) Commissioner of Labor............................................... 67,756.00

The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.

2402

JOURNAL OF THE HOUSE,

(10) Each member of the State Board of Pardons and Paroles...........................................
(11) Each member of the Public Service Commission.................................................
(12) State revenue commissioner....................................... (13) State School Superintendent...................................... (14) Secretary of State......................................................... (15) Commissioner of veterans service..............................
The above amount of salary for the commissioner of veterans service shall include any compensa tion received from the United States govern ment and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.
(16) Commissioner of banking and finance................................................................
(17) Commissioner of administrative services.......................................................................
(18) Commissioner of community affairs..........................
(19) Commissioner of human resources............................
(20) Commissioner of industry, trade, and tourism...............................................................
(21) Commissioner of medical assistance .........................
(22) Commissioner of natural resources............................
(23) Commissioner of personnel administration...........................................................
(24) Commissioner of public safety...................................
(25) Commissioner of technical and adult education.........................................................
(26) Commissioner of transportation ................................
(27) Chancellor of the University System of Georgia....................................................
(28) Director of the Employees' Retirement System of

65,157.00 65,190.00 66,437.00 69,315.00 67,756.00 67,363.00
65,678.00 65,676.00 As provided by prior law As provided by prior law As provided by prior law As provided by prior law As provided by prior law As provided by prior law As provided by prior law As provided by prior law As provided
by prior law As provided by prior law

WEDNESDAY, MARCH 11, 1992 Georgia.......................................................................

(29) Director of the Georgia Bureau of Investigation...........................................

(30) Executive director of the State Soil and Water Conservation Commission.......................................

(31) Director of the State Forestry Commission...............................................

(32) Executive director of the Georgia Student Finance Commission.................................

(33) Executive director of the Teachers Retirement System of Georgia..................................................................

(34) The chief administrative officer of the following entities:

(A)

Administrative Office

of the Courts.............................................

(B)

Children and Youth

Coordinating Council...............................

(C)

Consumer Advisory Board..........................

(D)

Consumers' Utility Council........................

(E)

Council of Juvenile

Court Judges.............................................

(F)

Council of Superior

Court Judges of Georgia..........................

(G)

Criminal Justice

Coordinating Council...............................

(H) Geo. L. Smith II Georgia World Congress Center Center Authority......................................

(I)

Georgia Agricultural

Exposition Authority...............................

2403 As provided by prior law As provided by prior law
As provided by prior law As provided by prior law As provided by prior law
As provided by prior law
As provided by prior law As provided by prior law As provided by prior law As provided by prior law As provided by prior law As provided by prior law As provided by prior law
As provided by prior law As provided

2404

JOURNAL OF THE HOUSE,

by prior law

(J)

Georgia Agrirama

Development Autthority ................. ........ As provided

by prior law

(K)

Georgia Building Authority................ ........ As provided

by prior law

(L)

Georgia Council on

Vocational Education ...................... ........ As provided

by prior law

(M) Georgia Council for the Arts....................................................... As provided by prior law

(N)

Georgia Crime Victims

Compensation Board ....................... ........ As provided

by prior law

(0)

Georgia Development

Authority .................................................... As provided

by prior law

(P)

Georgia Drugs and

Narcotics Agency....................................... As provided

by prior law

(Q)

Georgia Environmental

Facilities Authority ......................... ......... As provided

by prior law

(R)

Georgia Fire Academy. ................................. As provided

by prior law

(S)

Georgia Firefighters

Standards and

Training Council... ...... ..................... ......... As provided

by prior law

(T)

Georgia Hazardous Waste

Management Authority .................. ......... As provided

by prior law

(U)

Georgia Housing and

Finance Authority ........................... ......... As provided

by prior law

(V)

Georgia Indigent

Defense Council. ............. ................. ......... As provided

by prior law

(W) Georgia Peace Officer Standards and Training Council.............................. ......... As provided by prior law

(X) Georgia Ports Authority .......................................... ......... As provided by prior law

(Y)

Georgia Public Safety

WEDNESDAY, MARCH 11, 1992 Training Center........................................

(Z)

Georgia Public

Telecommunications Commission..........

(AA) Georgia Real Estate Commission...............................................

(BB) Governor's Commission on Drug Awareness and Prevention.........................................

(CC) Herty Foundation ........................................

(DD) Human Relations Commission...............................................

(EE) Institute of Continuing Judicial Education..................................................

(FF) Jekyll Island State Park Authority..........................................

(GG) Joint Board of Family Practice......................................................

(HH)

Lake Lanier Islands Development Authority...................................................

(II) Office of Energy Resources.......................................................

(JJ) Office of Fair Employment Practices.............................

(KK) Office of Highway Safety............................

(LL) Office of Planning and Budget................................................

(MM) Public Service Commission ........................

(NN) Professional Practices Commission...............................................

2405 As provided by prior law As provided by prior law As provided by prior law
As provided by prior law As provided by prior law As provided by prior law
As provided by prior law As provided by prior law As provided by prior law
As provided by prior law As provided by prior law As provided by prior law As provided by prior law As provided by prior law As provided by prior law As provided by prior law

2406

JOURNAL OF THE HOUSE,

(OO) Professional Standards Commission............................................... As provided by prior law

(PP) Prosecuting Attorneys' Council....................................................... As provided by prior law

(QQ) State Board of Pardons and Paroles................................ As provided by prior law

(RR) State Board of Workers' Compensation........................................... As provided by prior law

(SS) State Children's Trust Fund Commission .................................... As provided by prior law

(TT) State Financing and Investment Commission, Construction Division...................................................... As provided by prior law

(UU) State Financing and Investment Commission, Financing and Investment Division................................. As provided by prior law

(VV) State Health Planning Agency........................................................ As provided by prior law

(WW) State Properties Commission..................... As provided by prior law

(XX) State Medical Education Board ................ As provided by prior law

(YY) Stone Mountain Memorial Association................................................. As provided by prior law

(ZZ) Subsequent Injury Trust Fund................................................ As provided by prior law

(35) The chief administrative officer of any state authority not expressly listed above shall receive a salary not in excess of the amount provided by prior law

(36) Each Justice of the Supreme Court...................................................

90,514.00

(37) Each Judge of the Court of Appeals..................................................

89,931.00

(38) Each superior court judge....................................................................

65,519.00

Each superior court judge shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law.

WEDNESDAY, MARCH 11, 1992
(39) Each district attorney. Each district attorney shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law.
(40) Each member of the General Assembly............................................. Provided, however, that after January 1, 1987, when employees of the executive, judicial, and legislative branches of government receive a cost-of-living increase of a certain percentage, the members of the General Assembly shall receive a cost-of-living increase of one-half the percentage applicable to such state employees. Each member of the General Assembly shall also receive the allow ances provided by law. The amount of the daily expense allow ance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be $59.00. The mileage allowance for the use of a personal car on official business shall be the same as that received by other state officials and employees. In addition to any other compensation and allowances authorized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 per year. For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Expenses shall be limited to one or more of the following purposes: per diem differential, lodging, meals, office equipment, postage, personal services, printing and publications, rents, supplies, telecommunications, transportation, and utilities. No reimbursement shall be made for any postage which is used for a political newsletter. Per diem differential shall be the dif ference between the daily expense allowance authorized for members of the General Assembly and the federal per diem rate in effect for the state capital as specified by the General Ser vices Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a supporting doc ument or documents showing payment for each expense claimed or an explanation of the absence of such documentation. No supporting document or documents shall be required for the per diem differential. Any voucher for any expense incurred in any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher submit ted after that date. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph (40). Any former member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Leg islative Services Committee is empowered to provide such proce dures as it deems advisable to administer the provisions of this

2407 58,256.00
10,000.00

2408

JOURNAL OF THE HOUSE,

paragraph including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made, the Legislative Services Commit tee shall make the final determination. In the event any reim bursement is made and it is later determined that such reimbursement was made in error, the person to whom such reimbursement was made shall remit to the legislative fiscal office the amount of money involved. In the event any such per son refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reim bursement which was made in error shall be realized.

(41) Speaker of the House of Representatives..........................................

17,800.00

The Speaker of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly. Upon the taking of office by the members of the General Assembly on the convening day of the regular session of the General Assembly in 1983, the annual salary of the Speaker of the House of Representatives shall become $22,800.00. After such date, the Speaker shall also receive as additional salary a sum equal to the amount of salary over $30,000.00 per annum which is received by the Lieutenant Gov ernor as of that date or thereafter; and the salary of the Speaker shall be adjusted at the beginning of each term so as to include such additional sum.

(42) President Pro Tempore of the Senate...............................................

4,800.00

The President Pro Tempore of the Senate shall also receive the salary and allowances authorized as a member of the General Assembly.

(43) Speaker Pro Tempore of the House of Representatives................. 4,800.00

The Speaker Pro Tempore of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly.

(b) As a cost-of-living adjustment, the annual salary of each state official whose sal ary is established by Code Sections 45-7-3, 45-7-4, 45-7-20, and 45-7-21, other than members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly in the general appropria tions Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees who are in the classified service of the state merit system. However, any increase for such officials shall not include within-grade step increases for which classified employees of the state merit sys tem are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase.
(c) The annual salary being received on June 30, 1980, shall be increased by 8 per cent for each state official listed in subsection (a) of this Code section who:
(1) Is not a member of the General Assembly; and (2) Is not a contributing member of a state retirement system and, therefore, does not benefit by or participate in any program whereunder a portion of the employee

WEDNESDAY, MARCH 11, 1992

2409

contributions to the state retirement system are made on behalf of the employee by the employer. (d) Except as specifically provided in subsections (b) and (c) of this Code section, the compensation of any state official listed in subsection (a) of this Code section may be changed only by an Act of the General Assembly amending this Code section. (e) Any bill making a change in the amount of the compensation of any state official listed in subsection (a) of this Code section shall be drafted so as to contain the entire salary schedule and shall indicate any revision to the salary schedule as a whole. (f) Each state official listed in the salary schedule in subsection (a) of this Code sec tion shall make an annual report to the Senate Appropriations Committee and the House Appropriations Committee listing the name, job title, job description, and salary of any employee or official who is under the officer's supervision and who receives an annual salary greater than the officer's scheduled salary. (g) Any other provisions of law to the contrary notwithstanding, of those state offi cials listed in subsection (a) of this Code section, the following and only the following shall be entitled to state furnished motor vehicles:
(1) Governor; (2) Lieutenant Governor; (3) Speaker of the House; (4) Commissioner of Agriculture; (5) Commissioner of Labor; (6) Each member of the Public Service Commission; (7) State revenue commissioner; (8) State School Superintendent; (9) Secretary of State; (10) State auditor; (11) Commissioner of administrative services; (12) Commissioner of banking and finance; (13) Commissioner of community affairs; (14) Commissioner of corrections; (15) Commissioner of human resources; (16) Commissioner of industry, trade, and tourism; (17) Commissioner of medical assistance; (18) Commissioner of natural resources; (19) Commissioner of public safety; (20) Commissioner of technical and adult education; (21) Director of the Employees' Retirement System of Georgia; (22) Director of the Georgia Bureau of Investigation; (23) Director of the Georgia Drugs and Narcotics Agency; (24) Director of the State Forestry Commission; (25) Executive director of the Georgia Student Finance Commission; (26) Executive director of the State Properties Commission; (27) Executive director of the Teachers Retirement System of Georgia; and (28) The chief administrative officer of the following entities:
(A) Georgia Agricultural Exposition Authority; (B) Georgia Environmental Facilities Authority; (C) Georgia Fire Academy; (D) Georgia Firefighters Standards and Training Council; (E) Georgia Housing and Finance Authority; (F) Georgia Peace Officer Standards and Training Council; (G) Georgia Building Authority; (H) Georgia Ports Authority; (I) Georgia Public Safety Training Center; (J) Georgia Public Telecommunications Commission; (K) Georgia Real Estate Commission; (L) Jekyll Island State Park Authority; (M) Lake Lanier Islands Development Authority;

2410

JOURNAL OF THE HOUSE,

(N) Office of Highway Safety; (O) Office of Planning and Budget; (P) Professional Practices Commission; and (Q) Stone Mountain Memorial Association." Section 2. Said Chapter 7 is further amended by striking Code Section 45-7-7, which reads as follows: "45-7-7. (a) The compensation or allowances of the officials listed in subsection (b) of this Code section shall not be changed by the governing board or body having the authority to do so unless public notice of such proposed action and amount shall have been given at least 30 days prior to the date such board or body shall consider such action and unless notice of such proposed change shall have likewise been given to the Governor by the board or body at least 30 days prior to the date of such proposed change. (b) Subsection (a) of this Code section shall apply to the compensation and allow ances of the commissioner of community affairs, the director of the Employees' Retire ment System of Georgia, the director of the State Forestry Commission, the director of investigation of the Georgia Bureau of Investigation, the executive director of the Geor gia Franchise Practices Commission, the commissioner of human resources, the commis sioner of industry, trade, and tourism, the commissioner of natural resources, the commissioner of public safety, the chancellor of the University System of Georgia, the president or executive director of the Georgia Student Finance Commission, the execu tive director of the Soil and Water Conservation Commission, the executive secretarytreasurer of the Teachers Retirement System of Georgia, the commissioner of transportation, and the executive director of the State Ethics Commission.", in its entirety and inserting in its place the following: "45-7-7. Reserved." Section 3. Said Chapter 7 is further amended by repealing in its entirety Article 5, relating to the State Commission on Compensation. Section 4. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by striking subsection (e) of Code Section 2-3-5, relating to the composition, officers, and compensation of employees of the Georgia Agrirama Development Authority, and inserting in its place a new subsection (e) to read as follows: "(e) The members of the authority shall receive no compensation for their services but all members shall be entitled to the expense allowance and travel cost reimburse ment provided for members of certain boards and commissions pursuant to Code Section 45-7-21 while in the performance of their duties. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority; however, the salary of the chief administrative officer of the authority shall be as provided in Code Section 45-7-4." Section 5. Said Title 2 is further amended by striking paragraph (3) of Code Section 2-3-8, relating to the powers of the Georgia Agrirama Development Authority, and insert ing in its place a new paragraph (3) to read as follows: "(3) To appoint a director and select officers, agents, and employees, including engi neering, architectural, and construction experts, and to fix their compensation; however, the salary of the chief administrative officer of the authority shall be as provided in Code Section 45-7-4;". Section 6. Said Title 2 is further amended by striking Code Section 2-6-25, relating to the employment powers and authority of the State Soil and Water Conservation Com mission, and inserting in its place a new Code Section 2-6-25 to read as follows: "2-6-25. The commission may employ an administrative officer and such technical experts and other agents and employees, permanent and temporary, as it may require. It shall determine their qualifications, duties, and compensation; however, the salary of the chief administrative officer of the commission shall be as provided in Code Section 45-7-4. The commission may call upon the Attorney General of this state for such legal

WEDNESDAY, MARCH 11, 1992

2411

services as it may require. It shall have authority to delegate, to one or more of its mem bers or to one or more agents or employees, such powers and duties as it may deem proper. The commission is authorized to furnish information and to call upon any or all state or local agencies for cooperation in carrying out this article."
Section 7. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by striking subsection (d) of Code Section 10-9-9, relating to the compensation of officers and employees of the Geo. L. Smith II Georgia World Congress Center Authority, and inserting in its place a new subsection (d) to read as follows:
"(d) The board of governors shall have authority to fix the compensation of its offi cers and employees, except that the salary of the chief administrative officer of the authority shall be as provided in Code Section 45-7-4 and officers or employees who are also members of the board shall serve without additional compensation for such service."
Section 8. Title 12 of the Official Code of Georgia Annotated, relating to conserva tion and natural resources, is amended by striking subsection (f) of Code Section 12-3-193, relating to the compensation of members and employees of the Stone Mountain Memorial Association, and inserting in its place a new subsection (f) to read as follows:
"(f) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the association shall receive reasonable compensation, to be determined by the members of the associa tion, for their services, provided that the salary of the chief administrative officer of the association shall be as provided in Code Section 45-7-4."
Section 9. Said Title 12 is further amended by striking paragraph (4) of Code Sec tion 12-3-194, relating to the powers of the Stone Mountain Memorial Association, and inserting in its place a new paragraph (4) to read as follows:
"(4) To appoint such additional officers, who need not be members of the associa tion, as the association deems advisable, and to employ such experts, agents, and employees as may be in its judgment necessary to carry on properly the business of the association; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge same, except that the salary of the chief administrative officer of the association shall be as provided in Code Section 45-7-4; provided, however, that all legal services for the association except legal services in validating and approving bonds authorized by this part shall be rendered by the Attorney General and his staff and no fee shall be paid to any attorney or law firm for legal services within or without outside the State of Georgia, except for validating and approving such bonds. The asso ciation shall have authority to pay such federal fees, stamps, and all licenses, together with any court costs that may be incurred by virtue of the powers granted by this part;".
Section 10. Said Title 12 is further amended by striking subsection (e) of Code Sec tion 12-3-233, relating to the employment powers of the Jekyll Island State Park Author ity, and inserting in its place a new subsection (e) to read as follows:
"(e) The members of the authority shall constitute the policy-making body of the authority. The authority shall employ a full-time executive director to execute the policy decisions of the authority and to provide continuing professional management of the day to day activities of the authority, provided that the salary of the chief administrative officer of the authority shall be as provided in Code Section 45-7-4."
Section 11. Said Title 12 is further amended by striking paragraph (4) of Code Sec tion 12-3-235, relating to the powers of the Jekyll Island State Park Authority, and inserting in its place a new paragraph (4) to read as follows:
"(4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts and attorneys, and to fix their compensation, provided that the salary of the chief administrative officer of the authority shall be as provided in Code Section 45-7-4;".
Section 12. Said Title 12 is further amended by striking Code Section 12-6-11, relat ing to the appointment and compensation of the director of the State Forestry Commis sion, and inserting in its place a new Code Section 12-6-11 to read as follows:

2412

JOURNAL OF THE HOUSE,

"12-6-11. The commission shall appoint, by and with the advice and consent of the Governor, a director, who shall be the executive secretary and administrative officer of the commission. As a qualification, such director shall have earned a minimum of a Bachelor of Science degree in forestry. The director shall receive a salary fixed fey the commission as provided by Code Section 45-7-4 plus actual expenses as provided for other state officials and employees and shall hold office at the pleasure of the commis sion. The present director shall continue to serve until removed by the commission."
Section 13. Said Title 12 is further amended by striking subsection (g) of Code Sec tion 12-8-102, relating to the composition, officers, and reimbursement of members of the Georgia Hazardous Waste Management Authority, and inserting in its place a new subsec tion (g) to read as follows:
"(g) The Governor shall appoint an executive director of the authority, subject to confirmation by the members of the authority. The executive director shall serve at the pleasure of the Governor and shall be the chief administrative officer of the authority. The salary of the executive director of the authority shall net be paid a salary greater than the salary ef the commissioner ef natural resources be as provided in Code Section 45-7-4."
Section 14. Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended by striking Code Section 15-5-23, relating to the appointment and compensa tion of the director of the Administrative Office of the Courts, and inserting in its place a new Code Section 15-5-23 to read as follows:
"15-5-23. The Judicial Council shall appoint a director of the Administrative Office of the Courts who shall serve at the pleasure of the Judicial Council. The director shall be the executive head of the Administrative Office of the Courts and shall perform such duties as provided in Code Section 15-5-24 or as may be delegated to him by the Judi cial Council. The director shall devote his full time to his official duties. The director shall receive compensation ad expenses as authorized by the Judicial Council the salary provided by Code Section 45-7-4. With the approval of the Judicial Council, the director shall appoint such assistants and clerical and secretarial employees as are necessary to enable him to perform his duties and shall fix their compensation."
Section 15. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (a) of Code Section 17-12-34, relating to the employment of staff for the Georgia Indigent Defense Council, and inserting in its place a new subsection (a) to read as follows:
"(a) The Georgia Indigent Defense Council may employ such staff, professional, administrative, and otherwise, as it deems necessary to carry out its responsibilities under this article and may provide compensation and expenses for the staff from funds appropriated to or otherwise available to the counci!2 provided that the salary of the chief administrative officer of the council shall be as provided by Code Section 45-7-4."
Section 16. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsection (a) of Code Section 20-2-987, relating to the Profes sional Standards Commission and the appointment and compensation of an executive sec retary, and inserting in its place a new subsection (a) to read as follows:
"(a) The Governor shall appoint an executive secretary to the commission who shall serve as the secretary and executive officer of the commission. Such executive secretary shall be compensated in amount fixed by the Governor. The salary of the executive secretary shall be as provided by Code Section 45-7-4. The executive secretary shall have the authority to employ such professional and clerical personnel as may be necessary to carry out the duties and responsibilities of the commission, subject to approval by the commission. Personnel of the Department of Education may be utilized by the commis sion subject to the approval of the State School Superintendent."
Section 17. Said Title 20 is further amended by striking paragraph (1) of Code Sec tion 20-3-235, relating to the employment of the chief executive officer of the Georgia Stu dent Finance Commission, and inserting in its place a new paragraph (1) to read as follows:

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2413

"(1) CHIEF EXECUTIVE OFFICER. The board of commissioners shall select and employ an executive director of the commission, or president, if designated by such title by the board of commissioners, who shall be the chief executive officer of the commission and who shall serve at the pleasure of the board of commissioners. The executive director may be employed on an annual basis by resolution adopted at a regular meeting of the board of commissioners or for a longer contractual period of time not to exceed three years. The executive director shall receive such the salary and other compensation tadt benefits as determined ad fixed by the board ef- commissioners provided by Code Sec tion 45-7-4. He shall cause to be filed with the commission a fidelity bond in the mini mum sum of $100,000.00, conditioned upon the faithful performance of his duties under this part, and such additional bond coverage as the board of commissioners may direct; and the cost thereof shall be paid from funds available to the commission. The executive director shall provide for maintenance of accurate and permanent minutes and records of all proceedings and activities of the board of commissioners and the commission and have authority and responsibility to implement and carry out all administrative powers, duties, and functions of the commission in accordance with governing state and federal laws and rules, regulations, and policies prescribed by the board of commissioners. Unless otherwise prescribed by the board of commissioners, the executive director is authorized to select, employ, and terminate the employment of, and prescribe the duties of, all officers and employees of the commission in accordance with applicable provisions of law;".
Section 18. Said Title 20 is further amended by striking subsection (a) of Code Sec tion 20-3-511, relating to the employment of the executive director of the State Medical Education Board, and inserting in its place a new subsection (a) to read as follows:
"(a) The State Medical Education Board may employ an executive director who shall serve at the pleasure of the State Medical Education Board. The executive director shall carry out the duties and responsibilities prescribed by the State Medical Education Board. The executive director shall keep the records and minutes of the proceedings of the State Medical Education Board and the books, records, and accounts of the State Medical Education Board. The salary of the executive director's compensation director shall be fixed by the State Medical Education Beawt as provided by Code Section 45-7-4. The executive director shall also be the treasurer of the State Medical Education Board and shall keep an account for all the funds of the State Medical Education Board. The executive director, as treasurer, shall execute and file with the State Medical Education Board a surety bond in the sum of $10,000.00, payable to the State of Geor gia, and conditioned upon the faithful performance of duties and properly accounting for all funds coming into said officer's hands as executive director and treasurer. The pre mium on such bond shall be paid out of the funds of the State Medical Education Board."
Section 19. Said Title 20 is further amended by striking paragraph (3) of Code Sec tion 20-4-11, relating to the powers of the State Board of Technical and Adult Education, and inserting in its place a new paragraph (3) to read as follows:
"(3) Select and employ a commissioner of technical and adult education and fix his compensation, duties; and responsibilities consistent with the provisions of this articlehowever, the salary of the commissioner shall be as provided by Code Section 45-7-4. The commissioner shall:
(A) Exercise the overall supervision and direction of the Department of Technical and Adult Education and shall serve at the pleasure of the State Board of Technical and Adult Education. The State Board of Technical and Adult Education may assign and delegate to the commissioner such responsibilities, powers, and duties as the State Board of Technical and Adult Education may deem proper and appropriate, including the authority to execute on behalf of the State Board of Technical and Adult Educa tion legal documents and other filings; and
(B) Be responsible for implementing the policies of the State Board of Technical and Adult Education and for the day-to-day operations of the Department of Techni cal and Adult Education. The commissioner shall develop job descriptions for the nec essary administrative, programmatic, liaison, and clerical personnel and shall, at his

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discretion, hire staff necessary for the operation of the Department of Technical and Adult Education;".
Section 20. Said Title 20 is further amended by striking Code Section 20-13-6, relat ing to the appointment of the executive director of the Georgia Public Telecommunica tions Commission, and inserting in its place a new Code Section 20-13-6 to read as follows:
"20-13-6. The Georgia Public Telecommunications Commission shall appoint an executive director of the commission and shall fix his compensation, duties^ and respon sibilities consistent with the provisions of this chapter; however, the salary of the execu tive director shall be as provided by Code Section 45-7-4. The executive director of the commission shall exercise the overall supervision and direction of the staff of the com mission and shall serve at the pleasure of the commission. The commission may assign and delegate to the executive director such responsibilities, powers, and duties as it may deem proper and appropriate, including the authority to execute on behalf of the com mission those documents and other filings required by the Federal Communications Commission and other regulatory agencies."
Section 21. Title 25 of the Official Code of Georgia Annotated, relating to fire pro tection and safety, is amended by striking subsection (a) of Code Section 25-7-4, relating to the powers and duties of the Board of Public Safety regarding the operation of the Georgia Fire Academy and the selection and compensation of the superintendent, and inserting in its place a new subsection (a) to read as follows:
"(a) The Board of Public Safety is authorized and empowered to establish, operate, and maintain the Georgia Fire Academy for the purposes enumerated in Code Section 25-7-2. The board is authorized and empowered to do all things and to take whatever action is necessary to accomplish these purposes, including, but not limited to, the establishment and conduct of training programs and the promulgation of rules and regu lations relative thereto. The board shall select the superintendent of the academy; how ever, the salary of the superintendent shall be as provided by Code Section 45-7-4 and shall fix the compensation for th superintendent."
Section 22. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking Code Section 26-4-50, relating to the appoint ment of the director of the Georgia Drugs and Narcotics Agency and the powers and duties of the office, and inserting in its place a new Code Section 26-4-50 to read as fol lows:
"26-4-50. The board shall appoint a director who shall hold office at the pleasure of the board, and should any vacancy occur in said office for any cause whatsoever, said board shall, either at a regular or called meeting, appoint his successor. The salary of the director shall be fixed by the board as provided by Code Section 45-7-4. His whole time shall be at the disposal of the board and it shall be his duty to visit and inspect factories, warehouses, wholesaling establishments, retailing establishments, chemical lab oratories, and such other establishments in which drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce; to enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the above stated above-stated articles; and to perform such other duties as may be directed by the board. He shall report to the board or the secre tary of said board any and all violations of any of the drug laws of this state. The direc tor shall have authority to take up samples of the articles above referred to from any of the said establishments for examination and analysis by the state chemist, or under his direction and supervision, or for examination under the direction and supervision of the board for the purpose of examination as provided by Code Section 26-4-54. The board shall have authority to appoint such number of assistant drug agents as may be necessary for the proper enforcement of the laws of this state. Such assistant drug agents shall hold office at the pleasure of the board."

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2415

Section 23. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking Code Section 34-9-49, relating to the appoint ment and removal of the executive director of the State Board of Workers' Compensation, and inserting in its place a new Code Section 34-9-49 to read as follows:
"34-9-49. (a) There is created the position of executive director of the board. The executive director shall be both appointed and removed by the board; however, the sal ary of the executive director shall be as provided by Code Section 45-7-4. Subject to the general policy established by the board, the executive director shall:
(1) Plan, organize, direct, supervise, account for, and execute the administrative functions vested in the board; and
(2) Employ such clerical and other assistants as may be needed, (b) All of the salaries and expenses of the board members, executive director, admin istrative law judges, and assistants of the board shall be audited and paid out of funds appropriated by the General Assembly as prescribed by law and in accordance with rules and regulations prescribed by the board." Section 24. Said Title 34 is further amended by striking subsection (a) of Code Sec tion 34-9-355, relating to the appointment and compensation of the administrator of the Subsequent Injury Trust Fund, and inserting in its place a new subsection (a) to read as follows: "(a) The board of trustees shall appoint the administrator of the fund, and he shall serve at the pleasure of the trustees and without term of office. The salary of the admin istrator shall be as provided by Code Section 45-7-4. All officials, personnel, and employ ees of the Board of Trustees of the Subsequent Injury Trust Fund except the administrator are placed in the classified service of the state merit system unless other wise excluded under the authority of Code Sections 45-20-1 through 45-20-11 and 45-20-14 or other statutory authority! provided, however, that except for purposes ef determining competisfttiOK, tfte &dministffltor sfisii no* we Hft WIG CIQSSIIleu service ot tfte

Section 25. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking Code Section 35-3-6, relating to the classification and compensation of the director of the Georgia Bureau of Investigation, and inserting in its place a new Code Section 35-3-6 to read as follows:
"35-3-6. The director shall be in the unclassified service of the State Merit System of Personnel Administration and his compensation shall be fixed by the board the sal ary of the director shall be as provided by Code Section 45-7-4."
Section 26. Said Title 35 is further amended by striking subsection (c) of Code Sec tion 35-5-2, relating to the selection and compensation of the administrator of the Georgia Public Safety Training Center, and inserting in its place a new subsection (c) to read as follows:
"(c) The board shall select the administrator of the center' and establish the com pensation fef the administrator however, the salary of the administrator shall be as pro vided bj[ Code Section 45-7-4."
Section 27. Said Title 35 is further amended by striking subsection (a) of Code Sec tion 35-8-6, relating to the appointment and compensation of the executive director of the Georgia Peace Officer Standards and Training Council, and inserting in its place a new subsection (a) to read as follows:
"(a) The council may appoint an executive director who shall serve at the pleasure
salary of the executive director shall be as provided by Code Section 45-7-4." Section 28. Title 43 of the Official Code of Georgia Annotated, relating to profes
sions and businesses, is amended by striking subsection (b) of Code Section 43-40-4, relat ing to the office of real estate commissioner and the appointment, compensation, and responsibilities of the office, and inserting in its place a new subsection (b) to read as fol lows:

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JOURNAL OF THE HOUSE,

"(b) The commissioner shall be a full-time employee of the commission and shall serve as the chief executive officer of the commission. The commission shall in its dis cretion appoint the commissioner; and fix annual however, the salary of the commis sioner shall be as provided by Code Section 45-7-4. Any person, in order to qualify for appointment to the office of commissioner, shall be a person of good moral character and shall possess such qualifications as the commission may require. The commissioner shall hold no interest in any real estate business or related business while serving as commissioner. The commissioner, with the approval of the commission, may employ and fix the compensation of a secretary, investigators, and other staff to assist him in his duties. Such employees shall not be placed in the classified service of the State Merit System state merit system, provided that nothing in this chapter shall be construed to affect any employee in the classified service of the State Merit System state merit sys tem as of July 1, 1981."
Section 29. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking subsection (a) of Code Section 45-20-4, relating to the appointment and compensation of the commissioner of personnel adminis tration, and inserting in its place a new subsection (a) to read as follows:
"(a) There is created the position of commissioner of personnel administration. The commissioner shall be appointed by the Governor after consultation with the State Per sonnel Board subject to confirmation by the Senate; T-he Governor shall fix th compcn sation ef th commissioner, whe and shall serve at the pleasure of the Governor. The salary of the commissioner shall be as provided by Code Section 45-7-4."
Section 30. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, is amended by striking Code Section 46-2-7, relating to the employment and compensation of employees of the Public Service Commission, and insert ing in its place a new Code Section 46-2-7 to read as follows:
"46-2-7. The commission shall have power to employ such officers, experts, engi neers, statisticians, accountants, inspectors, clerks, and other employees as it may deem necessary to perform the duties and exercise the powers conferred by law upon the com mission. The compensation of such employees shall be fixed by the commission at such sums as it may deem reasonable and proper; however, the salary of the chief administra tive officer of the commission shall be as provided by Code Section 45-7-4."
Section 31. Said Title 46 is further amended by striking Code Section 46-10-3, relat ing to the creation, appointment, qualifications, compensation, and responsibilities of the consumers' utility counsel, and inserting in its place a new Code Section 46-10-3 to read as follows:
"46-10-3. There is created the position of consumers' utility counsel, which shall be attached to the office of the administrator created in Code Section 10-1-395. The coun sel shall be appointed by the Governor and shall serve at his pleasure. The counsel shall be a practicing attorney qualified by knowledge and experience to practice in public util ity proceedings. The counsel shall receive compensation a amount to be determined Dy tnc \j ovcrnor, out not to exceed tnat provided of autnorizcd uy law tor tnc district attorney tor tnc yvtiflnta judicial circuit, excluding all city and county supplemental compensation and expenses salary of the consumers' utility counsel shall be as provided by Code Section 45-7-4. In addition to such compensation, the counsel shall also receive reimbursement for his reasonable and necessary expenses incurred in the performance of his duties, as provided by law for state employees. No person employed as consumers' utility counsel shall engage in the private practice of law while employed as consumers' utility counsel. The consumers' utility counsel shall submit a written report of the annual activities and expenditures of the counsel. The report shall be submitted by December 31 each year and shall be submitted to the Industry Committee of the Geor gia House of Representatives and to the Finance and Public Utilities Committee of the Georgia Senate."

WEDNESDAY, MARCH 11, 1992

2417

Section 32. Title 49 of the Official Code of Georgia Annotated, relating to social ser vices, is amended by striking Code Section 49-4-144, relating to appointment, compensa tion, and powers and duties of the commissioner of medical assistance, and inserting in its place a new Code Section 49-4-144 to read as follows:
"49-4-144. There is created the position of commissioner of medical assistance. The commissioner shall be the chief administrative officer of the Department of Medical Assistance and, subject to the general policy established by the Board of Medical Assist ance, he shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department of Medical Assistance. The commissioner shall be appointed by and shall serve at the pleasure of the Governor. The annual salary of the
of the Governor as provided by Code Section 45-7-4." Section 33. Title 50 of the Official Code of Georgia Annotated, relating to state gov
ernment, is amended by striking Code Section 50-7-2, relating to the appointment and compensation of the commissioner of industry, trade, and tourism and the employment of other personnel, and inserting in its place a new Code Section 50-7-2 to read as follows:
"50-7-2. There is created the office of commissioner of industry, trade, and tourism, who shall be executive officer and administrative head of the department. The commis sioner shall be appointed by and serve at the pleasure of the Board of Industry, Trade, and Tourism. His compensation shall be fixed by the board. The salary of the commis sioner shall be as provided by Code Section 45-7-4. The commissioner shall assist the board in the performance of its duties, powers, authority, and jurisdiction as the board shall provide. The commissioner shall receive expenses, including mileage, as do other state officials and employees. The board is authorized to designate an assistant commis sioner and such other employees as are necessary to carry out and effectuate this chap ter. The commissioner is further authorized and empowered to reimburse authorized personnel of the department for the actual cost incurred in the pursuit of official busi ness for all meals, taxis, parking, and the rental of automobiles when the use of such vehicles is less expensive or more efficient than other commercial transportation."
Section 34. Said Title 50 is further amended by striking subsection (a) of Code Sec tion 50-8-5, relating to the appointment and powers of the commissioner of community affairs, and inserting in its place a new subsection (a) to read as follows:
"(a) The office of the commissioner of community affairs, as it existed immediately prior to July 1, 1989, shall continue to exist in accordance with this article. The commis sioner shall be the department head, whose duties shall include serving as the depart ment's chief executive officer and administrative head. The commissioner serving immediately prior to July 1, 1989, shall continue to serve as commissioner at the plea sure of the board. Thereafter the commissioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for
Act salary of the commissioner shall be as provided by Code Section 45-7-4." Section 35. Said Title 50 is further amended by striking paragraph (4) of Code Sec
tion 50-9-5, relating to the powers of the Georgia Building Authority, and inserting in its place a new paragraph (4) to read as follows:
"(4) To serve as financial advisor and agent to other state authorities and to appoint and select officers, agents, and employees, including engineering, architectural, and con struction experts, fiscal agents, and attorneys, and fix their compensation] however, the salary of the chief administrative officer of the authority shall be as provided by Code Section 45-7-4 and te serve as financial advisor and agent to other state authorities;".
Section 36. Said Title 50 is further amended by striking paragraph (5) of subsection (b) of Code Section 50-10-5, relating to the powers and duties of the Georgia Development Authority, and inserting in its place a new paragraph (5) to read as follows:
"(5) To appoint officers, agents, and employees, prescribe their duties and qualifica tions, and fix their compensation; however, the salary of the chief administrative officer of the authority shall be as provided by Code Section 45-7-4;".

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Section 37. Said Title 50 is further amended by striking Code Section 50-12-26, relating to the appointment of personnel for the Georgia Council for the Arts, and insert ing in its place a new Code Section 50-12-26 to read as follows:
"50-12-26. The director of the Office of Planning and Budget shall select and appoint such personnel as the director shall determine to be necessary to support the council and the programs undertaken pursuant to this article; however, the salary of the chief administrative officer of the council shall be as provided by Code Section 45-7-4."
Section 38. Said Title 50 is further amended by striking paragraph (3) of subsection (d) of Code Section 50-17-22, relating to the State Financing and Investment Commission, and inserting in its place a new paragraph (3) to read as follows:
"(3) To employ such other experts, agents, and employees as may be in the commis sion's judgment necessary to carry on properly the business of the commission; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge the same; however, the salary of the director of the Construction Division and the salary of the director of the Financing and Investment Division of the commission shall be as provided by Code Section 45-7-4;".
Section 39. Said Title 50 is further amended by striking paragraph (5) of subsection (b) of Code Section 50-23-5, relating to the purposes, powers, and duties of the Georgia Environmental Facilities Authority, and inserting in its place a new paragraph (5) to read as follows:
"(5) To appoint an executive director who shall be executive officer and administra tive head of the authority. The executive director shall be appointed and serve at the pleasure of the authority; however, the salary of the executive director shall be as pro vided by Code Section 45-7-4. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications and fix their compensation, and per form such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director;".
Section 40. Said Title 50 is further amended by striking paragraph (4) of subsection (a) of Code Section 50-26-8, relating to the powers of the Georgia Housing and Finance Authority, and inserting in its place a new paragraph (4) to read as follows:
"(4) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel, financial advisers, consultants, fiscal agents, trustees, and accountants and to fix their compensation and pay their expenses; however, the sal ary of the chief administrative officer of the authority shall be as provided by Code Sec tion 45-7-4;".
Section 41. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by striking paragraph (4) of Code Section 52-2-9, relating to the powers of the Georgia Ports Authority, and inserting in its place a new paragraph (4) to read as follows:
"(4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts and attorneys, and to fix their compensation; however, the salary of the chief administrative officer of the authority shall be as pro vided by_ Code Section 45-7-4;".
Section 42. This Act is not intended to reduce the salary of any state official listed in Code Section 45-7-4, as amended by this Act, below the lawful salary actually received by such official as of January 1, 1992, inclusive without limitation of any cost-of-living adjustments previously received by any such official.
Section 43. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Coleman of the 118th moves to amend the Committee substitute to HB 1129 by striking lines 18 and 19 of page 20 and inserting the following:

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2419

"Retirement System of Georgia; (28) Commissioner of Transportation; and (29) The chief administrative officer of the following entities:".

The following amendment was read and adopted:

Representative Coleman of the 118th moves to amend the Committee on Appropria tions substitute to HB 1129 by inserting between "compensation" and the period on line 32 of page 7 the following:

"; provided, however, that in the event of a vacancy in any of the offices in which it is indicated that the salary shall be as provided by prior law, the board, officer, or other entity previously authorized to fix such officer's compensation shall be authorized to fix the compensation of the officer filling such vacancy in an amount not to exceed 90 per cent of the salary received by the holder of such office as of January 1, 1992, and to provide for an increase in such salary so long as the salary received by the officer filling the vacancy does not exceed the salary received by the holder of such office as of Janu ary 1, 1992; and provided, further, that any such salary shall be subject to change pursu ant to subsections (d) and (e) of this Code section".

By striking from lines 36 through 38 of page 9 the following:

"(26) Commissioner

of

transportation...................................................................

As provided by prior law",

and inserting in its place the following:

"(26) Commissioner

of

transportation................................................................... 92,805.00".

The following amendment was read and lost:

Representative White of the 132nd moves to amend the Committee substitute to HB 1129 as follows:
By striking on page 14 line 20 the number 10,000 and inserting the number 17,800.

The Committee substitute, as amended, was adopted.

Representatives Walker of the 113th, Orr of the 9th, Jenkins of the 80th, Holland of the 136th, Fennel of the 155th, Irwin of the 57th and Poston of the 2nd stated that they wish to be recorded as voting "nay" on the White amendment.

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

N Abernathy Y Adams N Aiken Y Alford N Ashe Y Atkins N Baker Y Balkcom

N Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates N Beatty Y Benefield N Birdsong

N Blitch Y Bordeaux Y Bostick Y Branch N Breedlove N Brooks Y Brown N Brush

Y Buck N Buckner Y Byrd N Campbell N Canty Y Carrell Y Carter Y Cauthorn

Y Chafin Y Chambless
Cheeks Y Childers N Clark.E Y Clark.L Y Coker Y Coleman

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JOURNAL OP THE HOUSE,

Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D N Davis.G N Davis.M Y Dixon.H Y Dixon,S Y Dobbs
Dover Y Dunn Y Edwards N Elliott N Felton Y Fennel Y FIuyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden
Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton

Y Hammond Y Hanner Y Harris.B Y Harris.J N Heard N Henson N Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson N Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein N Ladd Y Lane.D Y Lane.R E Langford N Lawrence N Lawson YLee YLong

YLord Lucas
N Mann Y Martin N McBee N McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milarn Y Mills Y Mobley Y Moody N Morsberger Y Moultrie N Mueller
Oliver.C Oliver.M NOrr Orrock Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry

Y Pettit N Pinholster
Pinkston N Poag N Porter N Poston Y Powell.A Y Powell.C N Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Simpson Sinkfield Y Skipper N Smith.L N Smith.P Y Smith.T Y Smith.W Y Smyre Snow Y Stancil.F

N Stancil.S N Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert N Townsend Y Turnquest
Twiggs N Valenti Y Vaughan Y Walker.J Y Walker.L N Wall Y Watson Y Watts N White N Wilder N Williams.B N Williams.J
Williaras.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 106, nays 51. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Thomas of the 69th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jones of the 71st stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Poston of the 2nd stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1776.

By Representatives Thomas of the 69th, Cauthorn of the 20th and Chambless of the 133rd: A bill to amend Code Section 17-7-131 of the Official Code of Georgia Anno tated, relating to proceedings upon plea of insanity or mental incompetency at the time of the crime, so as to provide that a plea of not guilty by reason of insanity at the time of the crime shall not be accepted until after an examination has been conducted on such person.

The following Committee substitute was read and adopted:

A BILL To amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon plea of insanity or mental incompetency at the time of the crime, so as to provide that a plea of not guilty by reason of insanity at the time of the crime and an adjudication of such shall not be accepted until after an examination has been con ducted on such person; to provide for outpatient treatment; to provide for immunity from liability; to provide for related matters; to repeal conflicting laws; and for other purposes.

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2421

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon plea of insanity or mental incompetency at the time of the crime, is amended by inserting a new paragraph (2.1) in subsection (b) to read as follows: "(2.1) A plea of not guilty by reason of insanity at the time of the crime shall not be accepted and the defendant adjudicated not guilty by reason of insanity by the court without a jury until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, has held a hearing on the issue of the defendant's mental condition, and the court is satis fied that the defendant was insane at the time of the crime according to the criteria of Code Section 16-3-2 or 16-3-3." Section 2. Said Code section is further amended by striking subparagraphs (e)(5)(B) and (e)(5)(E), respectively, and inserting in lieu thereof the following: "(B) If the defendant successfully completes all requirements during this period of conditional release, the court shall discharge the individual from commitment at the end of that period. Such individuals may be referred for community mental health, mental retardation, or substance abuse services as appropriate. The court may require the indi vidual to participate in outpatient treatment or any other services or programs autho rized by Chapter 3j 4j or 7 of Title 37." "(E) The Department of Human Resources and any community services providers2 including the employees and agents of both, providing supervision or treatment during a period of conditional release shall not be held criminally or civilly liable for any acts committed by a defendant placed by the committing court on a period of conditional release." Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 118, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1710.

By Representatives Davis of the 45th, Cauthorn of the 20th, Oliver of the 53rd, Tolbert of the 58th, Lawson of the 9th and others: A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in felony cases, so as to change the size of the jury panel in felony cases.

The following Committee substitute was read and adopted:

A BILL To amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in felony cases, so as to change the size of the jury panel in felony cases; to change the number of peremptory challenges allowed the prosecuting attorney and the accused in felony trials; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Geor gia Annotated, relating to trial juries in felony cases, is amended by striking Code Section

2422

JOURNAL OF THE HOUSE,

15-12-160, relating to required jury panels for felony trials, and inserting in lieu thereof a new Code Section 15-12-160 to read as follows:
"15-12-160. When any person stands indicted for a felony, the court shall have impaneled 43 30 jurors from which the defense and prosecution may strike jurors; pro vided, however, in any case in which the state announces its intention to seek the death penalty, the court shall have impaneled 42 jurors from which the defense and state may strike jurors. If, for any reason, after striking from the panel there remain less than 12 qualified jurors to try the case, the presiding judge shall summon such numbers of per sons who are competent jurors as may be necessary to provide a full panel. In making up the panel or successive panels, the presiding judge shall draw the tales jurors from the jury box of the county and shall order the sheriff to summon them."
Section 2. Said article is further amended by striking Code Section 15-12-165, relat ing to the number of peremptory challenges in the trial of felonies, and inserting in lieu thereof a new Code Section 15-12-165 to read as follows:
"15-12-165. Every person indicted for a crime or offense which may subject him te death or to imprisonment for net less than few years may peremptorily challenge 36 12 of the jurors impaneled to try him. Eve*y person indicted for an offcnsc which may 9b-
percmptorily challenge 13 of the jwers impaneled te try ten; The state shall be allowed one-half the number of peremptory challenges allowed to the accused; provided, how ever, in any case in which the state announces its intention to seek the death penalty, the person indicted for the crime may peremptorily challenge 20 jurors and the state shall be allowed one-half the number of peremptory challenges allowed to the accused."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 116, nays 12. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 878. By Representative Carrell of the 65th: A resolution compensating Mr. Ricky Lee Boynton.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HR 955. By Representative Padgett of the 86th: A resolution compensating Ms. Rosa L. Bedell.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HR 723. By Representative Dixon of the 128th: A resolution compensating Mr. John Wesley Ulmer, Jr.

WEDNESDAY, MARCH 11, 1992

2423

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HR 843. By Representatives Dobbs of the 74th and Stancil of the 66th: A resolution compensating Mr. Tom Watson Brown.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 843 by striking from line 3 of page 2 the following:
"the sum of $11,128.70", and inserting in lieu thereof the following:
"a sum not to exceed $1,200.00".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 113, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Davis of the 29th gave notice that at the proper time she would move that the House reconsider its action in giving the requisite constitutional majority to HB 1775.

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

Mr. Speaker:

Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1691 Do Pass, by Substitute HR 998 Do Pass

SB 256 Do Pass SR 486 Do Pass, by Substitute

Respectfully submitted, /s/ Reaves of the 147th
Chairman

Representative Dunn of the 73rd 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 rec ommendations:

2424

JOURNAL OF THE HOUSE,

HB 1989 Do Pass, by Substitute HB 2032 Do Pass, by Substitute

Respectfully submitted, /s/ Dunn of the 73rd
Chairman

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

Mr. Speaker:

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

HR 780 Do Pass HR 928 Do Pass

HR 1019 Do Pass HR 1039 Do Pass

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

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

Mr. Speaker: Your Committee on State Planning & Community Affairs 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 586 Do Pass, by Substitute SB 607 Do Pass SB 720 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Benefield of the 72nd District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker: Your Committee on Transportation has had under consideration the following Resolu
tions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 1010 Do Pass HR 1029 Do Pass SR 180 Do Pass
Respectfully submitted, /s/ Benefield of the 72nd
Chairman

Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:

WEDNESDAY, MARCH 11, 1992

2425

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 1375 Do Pass, by Substitute Respectfully submitted,
/s/ Dover of the llth Chairman

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

2426

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, March 12, 1992

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 Mickey Tomberlin, Associate Pastor, Buckingham Place Church of God, Brunswick, Georgia.
The members pledged allegiance to the flag.
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 intro duced, read the first time and referred to the committees:
HB 2092. By Representatives Flynt of the 75th and Herbert of the 76th: A bill to amend an Act creating a board of commissioners for the counties of Spalding and Butts, so as to provide for a county manager for Spalding County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 2096. By Representatives Orr of the 9th, Lawson of the 9th and Jackson of the 9th: A bill to amend an Act to provide for an elected Board of Education of Dawson County, so as to provide new education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 12, 1992

2427

HB 2098. By Representative Hanner of the 131st: A bill to amend an Act to create a board of commissioners of roads and reve nues for Terrell County, so as to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2099. By Representative Hanner of the 131st: A bill to amend an Act creating a board of commissioners of Clay County, so as to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2101. By Representative Davis of the 77th: A bill to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes for certain residents of that county and school district.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2102. By Representative Stancil of the 66th: A bill to provide a new charter for the City of Rutledge.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2103. By Representatives Stancil of the 8th, Barnett of the 10th and Pinholster of the 8th: A bill to provide a new charter for the City of Waleska.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1040. By Representatives Coleman of the 118th, Martin of the 26th and Cummings of the 134th: A resolution urging the Department of Human Resources to review its poli cies and procedures regarding the purchasing and providing of services.
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 2061 HB 2062 HB 2063 HB 2064 HB 2065
HR 2067 HHHRBB 9^200f66i889 HB 2070 HB 2071 HB 2072 HB 2073

HB 2074 HB 2075 HB 2076 HB 2077 HB 2078
HB 2079 HHHBRB 2o200n88a1i HB 2082 HB 2083 HB 2084 HB 2085

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JOURNAL OF THE HOUSE,

HB 2086 HB 2087 HB 2088 HB 2089 HB 2090 HB 2091 HB 2093 HHBB 22009945 HB 2097 HB 2100 HR 1030 SB 719

SB 728 SB 757 SB 769 SB 773 SB 777 CR 7qn |b"B 81L8l SB 819 SB 820 SR 431 SR 510

Representative Dunn of the 73rd District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker: Your Committee on Insurance has had under consideration the following Bill of the
House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1854 Do Pass, by Substitute Respectfully submitted,
Is/ Dunn of the 73rd Chairman

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

Mr. Speaker:

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

HR 859 Do Pass HB 950 Do Pass, by Substitute HB 1098 Do Pass, by Substitute HB 1125 Do Pass, by Substitute HB 1648 Do Pass, by Substitute

HB 1726 Do Pass, by Substitute HB 1943 Do Pass HB 1564 Do Pass, by Substitute SB 704 Do Pass

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

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker: Your Committee on Natural Resources and Environment has had under consideration
the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1846 Do Pass, by Substitute

THURSDAY, MARCH 12, 1992

2429

Respectfully submitted, /s/ Patten of the 149th
Chairman

Representative Mobley of the 64th District, Vice-Chairman of the Committee on Pub lic 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 1007 Do Pass, as Amended HB 2018 Do Pass, by Substitute SB 735 Do Pass
Respectfully submitted, /s/ Mobley of the 64th
Vice-Chairman

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

Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the
following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 2065 Do Pass Respectfully submitted,
/s/ Colwell of the 4th Chairman

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

Mr. Speaker: Your Committee on State Planning & Community Affairs 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 631 Do Pass, by Substitute SB 703 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 27th
Chairman

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

Mr. Speaker:

2430

JOURNAL OF THE HOUSE,

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

HB 1157 Do Pass HB 1158 Do Pass HB 1926 Do Pass, as Amended HB 1949 Do Pass HB 2000 Do Pass HB 2001 Do Pass HB 2010 Do Pass HB 2033 Do Pass HB 2047 Do Pass HB 2048 Do Pass

HB 2050 Do Pass HB 2051 Do Pass HB 2056 Do Pass, as Amended HB 2058 Do Pass HB 1654 Do Pass, by Substitute HB 1777 Do Pass, as Amended HB 1780 Do Pass, by Substitute HB 1785 Do Pass, by Substitute HB 1820 Do Pass, by Substitute

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

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

HOUSE RULES CALENDAR THURSDAY, MARCH 12, 1992

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enu merated below:

HB 494 HB 912 HB 1109 HB 1116 HB 1261 HB 1375 HB 1385 HB 1399 HB 1474 HB 1490 HB 1562 HB 1583 HB 1599 HB 1637 HB 1640 HB 1675 HB 1749 HB 1796 HB 1814 HB 1837 HB 1902 HB 1914 HB 1932 HB 1974

Motor vehicle insurance; total loss settlement; title Magistrates' Retirement System; create Building codes; state minimum standards; compliance Municipalities; service of process; authorization General appropriations; FY 1992-93 Ad valorem tax; exempt property of community service organizations Comprehensive Solid Waste Management Act; amend Income tax; job tax credit; businesses in certain counties Fraudulent receipt of rental property; create offense School superintendents; change applicable prov; county to local Certain tax appeals; time interest accrual begins Emergency 911 systems; advisory board; local governments create Adoption petition; verification; criminal records check Auctioneers and used motor vehicle dealers; licensing provisions Personal care homes; certain representations; prohibit County real property; sale to highest bidder; provisions Searches with warrants; destruction of property; liability Firemen's Pension Fund; certain insurance premium tax Custodial parent; change of residence; notification QBE; certain courses; amend provisions Duplicating certain works of art; delete certain requirements Used mtr veh parts dealers, etc.; powers and duties of board Corporations; treasury shares; preemptive rights School buses; strobe lights; provisions

HR 997 Const am repealed by local Act; referendum requirement; clarify HR 1008 J.C. "Jake" Woods Avenue; designate HR 1029 Coleman's Bridge; designate

THURSDAY, MARCH 12, 1992

2431

ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COM MITTEE.
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 considera tion and read the third time:

HB 1157.

By Representatives Poston of the 2nd, McCoy of the 1st, Perry of the 5th, Snow of the 1st and Poag of the 3rd: A bill to amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to popula tion.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1158.

By Representatives Poston of the 2nd, Perry of the 5th, Snow of the 1st, McCoy of the 1st and Poag of the 3rd: A bill to amend an Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this state hav ing a population of not less than 103,000 and not more than 135,000 accord ing to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1926.

By Representatives Sinkfield of the 37th, Redding of the 50th, Thomas of the 55th, Williams of the 54th, Thomas of the 31st and others: A bill to amend an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb, so as to provide that revenue received by the City of Atlanta from school and educational ad valorem taxes shall be paid to the Atlanta Board of Education or, by agreement, paid into the city treasury to be remitted monthly to the board of education or used for such board of education.

The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1926 by inserting on line 4 of page 1, following the word "that", the word "certain".

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JOURNAL OF THE HOUSE,

By striking on lines 6 through 8 on page 1, the following: "or, by agreement, paid into the city treasury to be remitted monthly to the board of education or used for such board of education". By striking on line 2 of page 2 the word "All" and inserting in lieu thereof the follow ing: "Except for revenue used to repay general obligation debts, which will be paid into the treasury of the city, all". By striking on lines 5 through 10 on page 2, the following: "; provided, however, that if the board of education and the governing authority of the City of Atlanta agree, all or a portion of such revenue may be paid into the treasury of the city to be remitted monthly to said board of education or used for said board of education".

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 133, nays 3. The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1949.

By Representative Selman of the 32nd: A bill to amend an Act establishing a charter for the City of Fairburn, so as to authorize the city council to grant certain franchises.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 2000.

By Representative Reaves of the 147th: A bill to repeal an Act providing for the compensation of the county clerk in all counties in the state having a population of not less than 2,100 nor more than 2,300 according to the United States decennial census of 1980 or any future such census.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 2001.

By Representative Reaves of the 147th: A bill to repeal an Act fixing the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300.

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

THURSDAY, MARCH 12, 1992

2433

On the passage of the Bill, the ayes were 133, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 2010.

By Representatives Randall of the 101st, Lucas of the 102nd, Pinkston of the 100th and Groover of the 99th: A bill to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to provide for the board and its purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 2033.

By Representatives Simpson of the 70th, Thomas of the 69th and Jones of the 71st: A bill to amend an Act revising and consolidating the laws pertaining to the governing authority of Carroll County, so as to change the minimum age for district 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 133, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 2047.

By Representatives Jamieson of the llth and Dover of the llth: A bill to repeal an Act providing that the board of commissioners of each county in this state having a population of not less than 23,000 nor more than 23,500 according to the United States decennial census of 1970 or any future such census shall hold its regular monthly meeting on the first Tues day in each month at the county courthouse.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 2048.

By Representatives Jamieson of the llth and Dover of the llth: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions regarding local government, so as to repeal certain provisions relating to the depositing and auditing of county funds in all counties with populations of not less than 23,000 and not more than 25,300 according to the United States decennial census of 1970 or any future such census.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 3.

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JOURNAL OF THE HOUSE,

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

HB 2050.

By Representative Heard of the 43rd: A bill to create a public body corporate and politic, and an instrumentality of the County of Fayette, to be known as the Fayette County Economic 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 ayes were 133, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 2051.

By Representative Balkcom of the 140th: A bill to amend an Act incorporating the City of Blakely, so as to change the date of municipal elections.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 2056. By Representatives Jackson of the 9th and Orr of the 9th: A bill to create the Hall County Water and Sewerage Authority.

The following amendment was read and adopted:

Representatives Orr of the 9th, Lawson of the 9th and Jackson of the 9th move to amend HB 2056 as follows:
By adding on page 2 line 4 after the word "kind" the following: "except a portion of or any municipally owned water and sewer system or its lines;" By adding on page 20 line 13 after the word "Law." the following: "This Act does not grant the Authority the right to condemn a portion of or any municipally owned water and sewer system or its lines."

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 133, nays 3. The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 2058.

By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th: A bill to amend an Act creating a Board of Commissioners of Hall County, so as to provide the procedure for filling vacancies.

THURSDAY, MARCH 12, 1992

2435

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1654.

By Representatives Martin of the 26th and Orrock of the 30th: A bill to provide a homestead exemption from all Fulton County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that county.

The following Committee substitute was read and adopted:

A BILL To provide a homestead exemption from certain Fulton County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that county; to provide for definitions; to specify the terms and condi tions of the exemption and the procedures relating thereto; to provide for the specific repeal of certain prior homestead exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Fulton County, but not including taxes to retire bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40. Section 2. Each resident of Fulton County is granted an exemption on that person's homestead from all Fulton County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of that homestead. Section 3. The tax commissioner of Fulton County or the designee thereof shall pro vide application forms for the exemption granted by this Act and shall require such infor mation as may be necessary to determine the eligibility of the owner for the exemption. Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately preceding the year the homestead exemption provided under this Act first becomes appli cable, has applied for and is eligible for the $10,000.00 homestead exemption from Fulton County and Fulton County school ad valorem taxes provided by a local constitutional amendment found at Ga. L. 1977, p. 1574, or the $10,000.00 homestead exemption from Fulton County and Fulton County school ad valorem taxes provided by a local constitu tional amendment found at Ga. L. 1978, p. 2367, shall be eligible for the exemption granted under this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or Fulton County School District taxes for educational purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to

2436

JOURNAL OF THE HOUSE,

any other homestead exemption applicable to Fulton County ad valorem taxes for county purposes.

Section 6. If this Act is approved in the referendum provided for in Section 8 of this Act, that local constitutional amendment providing a $10,000.00 homestead exemption from Fulton County and Fulton County school ad valorem taxes, Resolution Act No. 59; House Resolution No. 57-260; Ga. L. 1977, p. 1574, and that local constitutional amend ment providing a $10,000.00 homestead exemption from Fulton County and Fulton County school ad valorem taxes, Resolution Act No. 124; Senate Resolution No. 311; Ga. L. 1978, p. 2367, which local constitutional amendments were continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, are repealed effec tive at the last moment of December 31 of the first year in which the homestead exemp tion granted under this Act first becomes applicable; provided, however, that such repeal shall only become effective if an Act providing a $25,000.00 homestead exemption from Fulton County School District ad valorem taxes for educational purposes for certain school district residents who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over or disabled is also approved in a referendum conducted on the date of and in conjunction with the November, 1992, state-wide general election.

Section 7. The exemption granted by this Act shall apply to all taxable years begin ning on or after January 1 of the year in which the amount of the 1990 Fulton County tax digest attributable to the residential classification increases by 30 percent or more.

Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1992, and shall issue the call therefor not less than 30 nor more than 45 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 Ful ton County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from certain Fulton County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for that county for certain residents of that county upon a 30 percent increase in the residential classification of the county tax digest and which repeals the existing $10,000.00 homestead exemptions from Fulton County and Fulton County school ad valorem taxes?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 shall become of full force and effect immediately and shall be applicable to the taxable years specified in Section 7 of this Act. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Fulton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 10. All laws and parts of laws in conflict with this Act are repealed.

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

THURSDAY, MARCH 12, 1992

2437

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford N Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chalin Y Chambless Y Cheeks
Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell
Culbreth Cummings.B
Y Cummings.M Y Davis,D Y Davis.G
Davis.M
Dixon.H Dixon.S Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Klynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris.J

Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson N Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore Y King Y Kingston Y Klein
Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Mann Y Martin
McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Meadows Y Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C
Oliver.M
Y Orr Orrock
Y Padgett Parham
Y Parrish Patten
Y Pelote Y Perry
Pettit Y Pinholster
Pinkston Y Poag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Simpson Sinkfield

Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Stanley
Y Streat Y Taylor
Teper Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker,L Y Wall Y Watson Y Watts N White Wilder Y Williams.B Y Williams.J Y Williams,R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 133, nays 3. The Bill, having received the requisite two-thirds constitutional majority, was passed, by substitute.

HB 1777.

By Representatives Sinkfield of the 37th, Martin of the 26th, Orrock of the 30th, Canty of the 38th, Holmes of the 28th and others: A bill to amend an Act entitled "An Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Ful ton County," so as to provide that under certain circumstances such ad valo rem tax collected for the Atlanta Board of Education shall be paid to the Atlanta Board of Education within a certain time.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend HB 1777 by striking on lines 1, 2, and 3 of page 2 the following:
"as otherwise agreed by the governing authority of the City of Atlanta and the Atlanta Board of Education", and inserting in lieu thereof the following:
"for any revenue used to repay any general obligation debt".

2438

JOURNAL OF THE HOUSE,

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

Y Abernathy Y Adams Y Aiken
Alford N Ashe Y Atkins Y Baker Y Balkcum
Barfoot Y Bargeron
Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Brush
Buck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter
Y Cauthorn Y Chafin Y Chambless Y Cheeks
Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell
Culbreth Cummings.B Y Cummings,M Y Davis.D Y Davis,G Davis.M Dixon.H Dixon.S
Dobbs Y Dover
Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Flovd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson N Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee YLong Y Lord
Lucas Y Mann Y Martin
McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Meadows Y Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller
Y Oliver.C Oliver.M
YOrr Orrock
Y Padgett Parham
Y Parrish Patten
Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Simpson Sinkfield

Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Stanley
Y Streat Y Taylor
Teper Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker ,J Y Walker.L Y Wall Y Watson Y Watts N White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 133, nays 3.
The Bill, having received the requisite two-thirds constitutional majority, was passed, as amended.

HB 1780.

By Representatives Martin of the 26th, Orrock of the 30th and Oliver of the 53rd:
A bill to provide a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district.

The following Committee substitute was read and adopted:

A BILL
To provide a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of a certain prior homestead exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 12, 1992

2439

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the City of Atlanta School District, but not including taxes to retire school bond indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40. Section 2. Each resident of the City of Atlanta School District is granted an exemp tion on that person's homestead from all City of Atlanta School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of that home stead. Section 3. The tax commissioner of Fulton County or the designee thereof shall pro vide application forms for the exemption granted by this Act and shall require such infor mation as may be necessary to determine the eligibility of the owner for the exemption. Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately preceeding the year the homestead exemption provided under this Act first becomes appli cable, has applied for and is eligible for the $10,000.00 homestead exemption from City of Atlanta and City of Atlanta School District ad valorem taxes provided by a local Act approved March 30, 1989 (Ga. L. 1989, p. 4229), shall be eligible for the exemption granted under this Act without further application if that person has applied for and has been eli gible for the immediate preceeding year for such exemption. Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, City of Atlanta taxes for city purposes, county school district taxes for educational purposes, or county taxes for county purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to City of Atlanta School District ad valorem taxes for educational purposes. Section 6. If this Act is approved in the referendum provided for in Section 8 of this Act, the local Act providing for the $10,000.00 homestead exemption from City of Atlanta and City of Atlanta School District ad valorem taxes approved March 30, 1989 (Ga. L. 1989, p. 4229), is repealed effective at the last moment of December 31 of the first year in which the homestead exemption granted under this Act first becomes applicable; pro vided, however, that such repeal shall only become effective if an Act providing for a $25,000.00 homestead exemption from City of Atlanta ad valorem taxes for city purposes for certain school district residents is also approved in a referendum conducted on the date of and in conjunction with the November, 1992, state-wide general election. Section 7. The exemption granted by this Act shall apply to all taxable years begin ning on or after January 1 of the year in which the amount of the 1990 Fulton County tax digest attributable to the residential classification increases by 30 percent or more. Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta School District for approval or rejection. The election superintendent shall con duct that election on the date of and in conjunction with the state-wide general election in November, 1992, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the elec tion to be published once a week for two weeks immediately preceding the date thereof

2440

JOURNAL OF THE HOUSE,

in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the home stead for certain residents of that district upon a 30 percent increase in the residential classification of the county tax digest and which repeals the existing $10,000.00 exemptions from City of Atlanta and City of Atlanta School District ad valorem taxes?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 shall become of full force and effect immediately and shall be applicable to all taxable years specified in Section 7 of this Act. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of this Act shall not become effective and this Act shall be automatically repealed on the first
day of January immediately following that election date. The expense of such election shall be borne by the City of Atlanta. It shall be the
superintendent's duty to certify the result thereof to the Secretary of State.

Section 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 10. All laws and parts of laws in conflict with this Act are repealed.

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 Abernathy Y Adams Y Aiken
Alford N Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell. Y Carter Y Cauthorn Y Chafin

Y Chambless Y Cheeks
Childers Y Clark.E
Clark.L Y Coker Y Coleman Y Colwell Y Connell
Culbreth Cummings.B Y Cummings,M Y Davis.D Y Davis.G Davis.M Dixon.H Dixon.S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin

Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard
Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson N Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee YLong YLord
Lucas Y Mann

Y Martin McBee
Y McCoy Y McKelvey
McKinney,B McKinney,C Meadows Y Merritt Y Milam Mills Y Mobley Y Moody Y Morsberger Moultrie Y Mueller Y Oliver.C Oliver.M Y Orr Orrock Y Padgett Parham Y Parrish Patten Y Pelote Y Perry Pettit Y Pinholster Pinkston YPoag Porter Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Simpson Sinkfield Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Stanley Y Streat Y Taylor Teper Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Townsend Turnquest

THURSDAY, MARCH 12, 1992

2441

Y Twiggs Y Valenti Y Vaughan

Y WalkerJ Y Walker.L Y Wall

Y Watson Y Watts N White

Wilder Y Williams.B Y Williams.J

Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 133, nays 3. The Bill, having received the requisite two-thirds constitutional majority, was passed, by substitute.

HB 1785. By Representatives Martin of the 26th, Orrock of the 30th and Oliver of the 53rd: A bill to provide a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city.

The following Committee substitute was read and adopted:

A BILL To provide a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount of $25,000.00 of the assessed value of the homestead for cer tain residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of certain prior homestead exemptions; to provide for applicability; to provide for a referen dum, effective dates, and automatic repeal; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for city purposes" means all ad valorem taxes for city pur poses levied by, for, or on behalf of the City of Atlanta, but not including taxes to retire bonded indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40. Section 2. Each resident of the City of Atlanta is granted an exemption on that person's homestead from all City of Atlanta ad valorem taxes for city purposes in the amount of $25,000.00 of the assessed value of that homestead. Section 3. The tax commissioner of Fulton County or the designee thereof shall pro vide application forms for the exemption granted by this Act and shall require such infor mation as may be necessary to determine the eligibility of the owner for the exemption. Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately preceding the year the homestead exemption provided under this Act first becomes appli cable, has applied for and is eligible for the $5,000.00 or $10,000.00 homestead exemption from City of Atlanta ad valorem taxes provided by a local constitutional amendment found at Ga. L. 1977, p. 1587, or the $10,000.00 homestead exemption from City of Atlanta and City of Atlanta School District ad valorem taxes provided by a local Act approved March 30, 1089 (Ga. L. 1989, p. 4229), shall be eligible for the exemption granted under this Act without further application if that person has applied for and been eligible for the immedi ately preceding year for such exemption.

2442

JOURNAL OF THE HOUSE,

Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, City of Atlanta School District taxes for educational purposes, county taxes for county purposes, or county school district taxes for educational purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other home stead exemption applicable to City of Atlanta ad valorem taxes for city purposes.

Section 6. If this Act is approved in the referendum provided for in Section 8 of this Act, that local constitutional amendment, providing a $5,000.00 and $10,000.00 homestead exemption from City of Atlanta ad valorem taxes, Resolution Act No. 65; House Resolu tion No. 172-698; Ga. L. 1977, p. 1587, which local constitutional amendment was contin ued in force and effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, and the local Act providing for a $10,000.00 homestead exemption from City of Atlanta and City of Atlanta School District ad valorem taxes approved March 30, 1989 (Ga. L. 1989, p. 4229), are repealed effective at the last moment of December 31, of the first year in which the homestead exemption granted under this Act first becomes applicable; provided, however, that such repeal shall only become effective if an Act pro viding a $25,000.00 homestead exemption from City of Atlanta School District ad valorem taxes for educational purposes for certain school district residents is also approved in a referendum conducted on the date of and in conjunction with the November, 1992, state wide general election.

Section 7. The exemption granted by this Act shall apply to all taxable years begin ning on or after January 1 of the year in which the amount of the 1990 Fulton County tax digest attributable to the residential classification increases by 30 percent or more.

Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta for approval or rejection. The election superintendent shall conduct that elec tion on the date of and in conjunction with the state-wide general election in November, 1992, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from certain City of Atlanta ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city upon a 30 percent increase in the residential classi fication of the county tax digest and which repeals the existing $5,000.00 and $10,000.00 exemptions from City of Atlanta ad valorem taxes and the $10,000.00 exemption from City of Atlanta School District ad valorem taxes?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 shall become of full force and effect immediately and shall be applicable to the taxable years specified in Section 7 of this Act. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by the City of Atlanta. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 10. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 12, 1992

2443

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 Abernathy Y Adams Y Aiken
Alford N Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chaiin Y Chambless Y Cheeks
Childers

Y Clark.E Clark,L
Y Coker Y Coleman Y Colwell Y Connell
Culbreth Cummings,B Y Cummings.M Y Davis.D Y Davis.G Davis,M Dixon.H Dixon.S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson N Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee YLong Y Lord
Lucas Y Mann Y Martin
McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Meadows Y Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinks ton YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Simpson Sinkfield

Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor
Teper Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts N White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 133, nays 3.
The Bill, having received the requisite two-thirds constitutional majority, was passed, by substitute.

HB 1820.

By Representatives Selman of the 32nd and Lane of the 27th:
A bill to provide homestead exemption from all Fulton County School Dis trict ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district.

The following Committee substitute was read and adopted:

A BILL To provide a homestead exemption from certain Fulton County School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of certain prior homestead exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

2444

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For purposes of this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Fulton County School District, but not including taxes to retire school bond indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40. Section 2. Each resident of the Fulton County School District is granted an exemp tion on that person's homestead from all Fulton County School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of that home stead. Section 3. The tax commissioner of Fulton County or the designee thereof shall pro vide application forms for the exemption granted by this Act and shall require such infor mation as may be necessary to determine the eligibility of the owner for the exemption. Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1 of the year immediately preceding the year the homestead exemption provided under this Act first becomes appli cable, has applied for and is eligible for the $10,000.00 homestead exemption from Fulton County and Fulton County school ad valorem taxes provided by a local constitutional amendment found at Ga. L. 1977, p. 1574, or the $10,000.00 homestead exemption from Fulton County and Fulton County school ad valorem taxes provided by a local constitu tional amendment found at Ga. L. 1978, p. 2367, shall be eligible for the exemption granted under this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemp tion applicable to Fulton County School District ad valorem taxes for educational pur poses. Section 6. If this Act is approved in the referendum provided for in Section 8 of this Act, that local constitutional amendment providing a $10,000.00 homestead exemption from Fulton County and Fulton County school ad valorem taxes, Resolution Act No. 59; House Resolution No. 57-260; Ga. L. 1977, p. 1574, and that local constitutional amend ment providing a $10,000.00 homestead exemption from Fulton County and Fulton County school ad valorem taxes, Resolution Act No. 124; Senate Resolution No. 311; Ga. L. 1978, p. 2367, which local constitutional amendments were continued in effect as statutory law pursuant to Article VII, Section II, Paragraph IV of the Constitution, are repealed effec tive at the last moment of December 31 of the first year in which the homestead exemp tion granted under this Act first becomes applicable; provided, however, that such repeal shall only become effective if an Act providing a $25,000.00 homestead exemption from Fulton County ad valorem taxes for county purposes for certain school district residents who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over or disabled is also approved in a referendum conducted on the date of and in conjunction with the November, 1992, state-wide general election. Section 7. The exemption granted by this Act shall apply to all taxable years begin ning on or after January 1 of the year in which the amount of the 1990 Fulton County tax digest attributable to the residential classification increases by 30 percent or more.

THURSDAY, MARCH 12, 1992

2445

Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of the Fulton County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the state-wide general election in November, 1992, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from certain Fulton County School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the home stead for that school district for certain residents of that district upon a 30 percent increase in the residential classification of the county tax digest and which repeals the existing $10,000.00 homestead exemptions from Fulton County and Fulton County school ad valorem taxes?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 shall become of full force and effect immediately and shall be applicable to the taxable years specified in Section 7 of this Act. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Fulton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 10. All laws and parts of laws in conflict with this Act are repealed.

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 Abernathy Y Adams Y Aiken
Alford N Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benetield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks

Y Brown Y Brush
Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E
Clark.L Y Coker Y Coleman Y Colwell Y Connell
Culbreth Cummings.B

Y Cummings,M Y Davis.D Y Davis.G
Davis.M Dixon.H Dixon.S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin

Y Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris.J Y Heard
Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson N Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein

Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Mann Y Martin
McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Meadows Y Merritt Y Milam Mills Y Mobley

2446

JOURNAL OF THE HOUSE,

Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry

Pettit Y Pinholster
Pinkston Y Poag
Porter Y Poston Y Powell.A
Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding

Y Ricketson
Y Royal Selman
Y Sherrill Simpson Sinkfield Skipper
Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Y Smyre Y Snow Y Stancil.F

Y Stancil.S Stanley
Y Streat Y Taylor
Teper Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs

Y Valenti Y Vaughan Y Walker,,] Y Walker.L Y Wall Y Watson Y Watts N White
Wilder Y Williams.B Y Williams.J Y Williams.R
Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 133, nays 3. The Bill, having received the requisite two-thirds constitutional majority, was passed, by substitute.

Representatives Buck of the 95th, Henson of the 57th, Wilder of the 21st, Meadows of the 91st, Davis of the 45th, Selman of the 32nd, Thomas of the 69th and Moultrie of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Davis of the 29th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1775.

By Representatives Dunn of the 73rd and Kingston of the 125th: A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Anno tated, relating to group or blanket accident and sickness insurance, so as to provide a short title; to provide for legislative intent; to provide for defini tions; to provide for applicability; to create the Georgia Small Employer Health Reinsurance Program.

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

Y Abernathy N Adams N Aiken
Alford N Ashe N Atkins N Baker N Balkcom
Barfoot
N Bargeron N Barnett.H N Barnett.M
Bates N Bcatty Y Benefield
Y Birdsong BHtch Bordeaux
N Bostick Branch
N Breedlove Brooks
Y Brown N Brush N Buck
N Buckner N Byrd N Campbell Y Canty Y Carrell

N Carter N Cauthorn N Chafin Y Chambless N Cheeks
Childers Y Clark.E N Clark.L N Coker Y Coleman N Colwell Y Connell
Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G
Davis,M Dixon.H Dixon.S
N Dobbs N Dover
N Dunn N Edwards N Elliott N Felton Y Fennel N Floyd.J.M Y Flovd.J.W N Flynt

N Godbee
N Golden N Goodwin
E Green Y Greene N Griffin N Groover N Hamilton N Hammond N Manner N Harris.B
N HarrisJ N Heard
Henson N Herbert Y Holland
Holmes Y Howard N Hudson
N Irwin N Jackson Y Jamieson
Y Jenkins N Jones N Kilgore Y King N Kingston Y Klein N Ladd N Lane.D

N Lane.R E Langford N Lawrence N Lawson
Y Lee Long
N Lord Lucas
N Mann N Martin
McBee N McCoy N McKelvey
McKinney.B McKinney.C N Meadows Y Merritt Y Milam Y Mills N Mobley Moody N Morsberger N Moultrie Y Mueller Y Oliver.C Oliver.M
YOrr Orrock
N Padgett Parham

N Parrish N Patten Y Pelote N Perry
Pettit N Pinholster
Pinkston Y Poag Y Porter
Y Poston N Powell.A N Powell.C N Presley N Purcell
Randall Y Ray Y Reaves
Redding N Ricketson N Royal
Selman Sherrill
Simpson Sinkfield Skipper Y Smith.L N Smith.P Y Smith.T Y Smith.W N Smyre

THURSDAY, MARCH 12, 1992

2447

N Snow Y Stancil.F N Stancil.S
Stanley N Streat Y Taylor

Teper Thomas.C Y Thomas.M Thomas.N Y Thurmond N Titus

Y Tolbert Townsend Turnquest Twiggs Valenti
N Vaughan

On the motion, the ayes were 49, nays 85. The motion was lost.

Y Walker,J Walker.L
N Wall Y Watson N Watts Y White

Wilder Y Williams.B Y Williams,J
Williams.R N Yeargin
Murphy.Spkr

Representatives Thomas of the 69th and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Sherrill of the 47th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

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

HB 1924. By Representative Carter of the 146th: A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected.

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

HB 277. By Representatives Abernathy of the 39th, Randall of the 101st, Smyre of the 92nd, Townsend of the 24th and Lupton of the 25th: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to require persons to keep firearms in a locked container or in another reasonably secure manner.

HB 1401.

By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Anno tated, relating to vital records, so as to provide that the social security account numbers of parents shall be entered on a certificate of birth.

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

HB 875. By Representatives Hammond of the 20th, Flynt of the 75th and Pettit of the 19th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to where offenses are bailable and the procedure and schedule of bails, so as to provide that a judge of the superior court may delegate the authority to hear and set bail for certain offenses to any judge of any court of inquiry within the same judicial circuit.

2448

JOURNAL OF THE HOUSE,

HB 1308.

By Representatives Murphy of the 18th and Watson of the 114th: A bill to amend Code Section 8-2-31 of the Official Code of Georgia Anno tated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumbing, and electrical codes, so as to specify that such part shall not be construed as repealing or modifying the provi sions of Article 10 of Chapter 1 of Title 10, relating to the sale and storage of liquefied petroleum gas; to provide for reenactment.

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

SB 523. By Senators Gillis of the 20th, Deal of the 49th and Garner of the 30th: A bill to amend Code Section 12-4-75 of the Official Code of Georgia Anno tated, relating to permits for surface mining operations and related matters, so as to require applicants for permits involving certain activities to comply with local zoning and land use ordinances.

SB 660. By Senators Kidd of the 25th and Foster of the 50th: A bill to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to change the provisions relating to the general powers of regional development centers; to expand the powers of such centers; to provide an effective date.

SB 747. By Senator Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the comprehensive revision of provisions relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters; to provide for definitions; to provide exceptions; to provide for various categories of licenses; to prohibit certain activities of individuals not holding licenses; to provide for certificates of authority; to provide penalties.

SB 774. By Senators Langford of the 35th, Dawkins of the 45th, Taylor of the 12th and others: A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, so as to provide that on and after July 1, 1992, a retail dealer license shall be issued only to an individual who meets certain requirements relating to residency and ownership of business; to provide certain exceptions.

HB 203. By Representative Pettit of the 19th: 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' retirement systems of cer tain state authorities and commissions, so as to provide that all officers and employees of the GeorgiaNet Authority shall become members of the Employees' Retirement System of Georgia.

HB 310. By Representatives Murphy of the 18th and Cummings of the 17th: A bill to amend Code Section 47-6-84 of the Official Code of Georgia Anno tated, relating to termination of the retirement allowance of any retired member returning to state service and to retirement benefits for retired members returning to service in the General Assembly, so as to provide that such retirement allowance shall not cease for a retired member who returns to state service and who performs no more than 1,040 hours of such service in any calendar year.

THURSDAY, MARCH 12, 1992

2449

HB 573. By Representatives Snow of the 1st, McCoy of the 1st, Perry of the 5th, Atkins of the 21st, Meadows of the 91st and others: A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions concerning public health, so as to pro hibit the Department of Human Resources from making certain expenditures for certain additional special facilities unless notice thereof is provided to the governing authorities of counties or municipalities affected and to certain members of the General Assembly.

HB 762. By Representative Floyd of the 154th: A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to amend the provisions relating to the territorial application of Title 11 and parties' power to choose applica ble law; to change the provisions relating to limitations on the scope of Arti cle 3 of Title 11; to change the definition of the term "item" as used in Article 4 of Title 11.

HB 1470. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth: A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to motor carriers, so as to repeal the presumption in civil actions that certain common carriers are negligent from the mere showing that injury was inflicted by their vehicles.

HB 1655.

By Representatives Buck of the 95th, Harris of the 84th and Birdsong of the 104th: A bill to amend Code Section 48-6-22 of the Official Code of Georgia Anno tated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorga nized under the southern region interstate banking law.

HB 1658.

By Representative Watson of the 114th: A bill to amend Code Section 34-26-6 of the Official Code of Georgia Anno tated, relating to specific powers and duties of the Commissioner of Labor, so as to provide that the Commissioner of Labor shall have the power, juris diction, and authority to initiate and continue to operate an ongoing educa tional assistance program to include high school through graduate levels for qualified Department of Labor personnel.

SB 823. By Senators Pollard of the 24th and Albert of the 23rd: A bill to provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebt edness, for residents of Columbia County and the Columbia 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.

SB 824. By Senator Johnson of the 47th: A bill to provide a new charter for the City of Franklin Springs; to provide for incorporation, boundaries, and powers of the city; to provide for a govern ing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, and procedures.

2450

JOURNAL OF THE HOUSE,

SB 825. By Senator Johnson of the 47th: A bill to provide a new charter for the City of Royston; to provide for incor poration, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, and procedures.

SB 826. By Senator Baldwin of the 29th: A bill to amend an Act establishing an independent school system for the City of Hogansville, as amended, so as to revise provisions relating to ad valorem school taxes; to change the maximum millage rate of such taxes; to provide for a referendum; to repeal a specific law.

SB 830. By Senator Moye of the 34th: A bill to amend an Act establishing a new charter for the City of Palmetto, as amended, so as to change the provisions relating to special elections and vacancies; to authorize the mayor and city council to appoint a successive mayor or councilmember if a vacancy occurs in either office with less than two years remaining in that term.

HB 1732.

By Representatives Campbell of the 23rd, McKinney of the 40th and Abernathy of the 39th: A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city, so as to provide that the mayor and city council may promulgate bylaws, rules, and regulations governing the affairs of boards, commissions, and agencies of the city.

HB 1887. By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th: A bill to amend an Act creating a board of commissioners of Madison County, so as to provide new commissioner districts.

HB 1888. By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th: A bill to amend an Act creating a board of education of Madison County, so as to provide new education districts.

HB 1958. By Representatives Flynt of the 75th and Adams of the 79th: A bill to provide a new charter for the City of Williamson.

HB 1969.

By Representative Carrell of the 65th: A bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change certain provisions relating to the appointment and duties of the city administrator.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

THURSDAY, MARCH 12, 1992

2451

SR 514. By Senator Dawkins of the 45th: A resolution urging the Supreme Court of Georgia to reconsider its rules gov erning admission to the practice of law.

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

SB 523. By Senators Gillis of the 20th, Deal of the 49th and Garner of the 30th: A bill to amend Code Section 12-4-75 of the Official Code of Georgia Anno tated, relating to permits for surface mining operations and related matters, so as to require applicants for permits involving certain activities to comply with local zoning and land use ordinances.
Referred to the Committee on Natural Resources & Environment.

SB 660. By Senators Kidd of the 25th and Foster of the 50th: A bill to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to change the provisions relating to the general powers of regional development centers; to expand the powers of such centers; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 747. By Senator Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the comprehensive revision of provisions relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters; to provide for definitions; to provide exceptions; to provide for various categories of licenses; to prohibit certain activities of individuals not holding licenses; to provide for certificates of authority; to provide penalties.
Referred to the Committee on Insurance.

SB 774. By Senators Langford of the 35th, Dawkins of the 45th, Taylor of the 12th and others: A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, so as to provide that on and after July 1, 1992, a retail dealer license shall be issued only to an individual who meets certain requirements relating to residency and ownership of business; to provide certain exceptions.
Referred to the Committee on Regulated Beverages.

SB 823. By Senators Pollard of the 24th and Albert of the 23rd: A bill to provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebt edness, for residents of Columbia County and the Columbia 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.

2452

JOURNAL OF THE HOUSE,

SB 824. By Senator Johnson of the 47th: A bill to provide a new charter for the City of Franklin Springs; to provide for incorporation, boundaries, and powers of the city; to provide for a govern ing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, and procedures.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 825. By Senator Johnson of the 47th: A bill to provide a new charter for the City of Royston; to provide for incor poration, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, and procedures.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 826. By Senator Baldwin of the 29th: A bill to amend an Act establishing an independent school system for the City of Hogansville, as amended, so as to revise provisions relating to ad valorem school taxes; to change the maximum millage rate of such taxes; to provide for a referendum; to repeal a specific law.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 830. By Senator Moye of the 34th: A bill to amend an Act establishing a new charter for the City of Palmetto, as amended, so as to change the provisions relating to special elections and vacancies; to authorize the mayor and city council to appoint a successive mayor or councilmember if a vacancy occurs in either office with less than two years remaining in that term.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 514. By Senator Dawkins of the 45th: A resolution urging the Supreme Court of Georgia to reconsider its rules gov erning admission to the practice of law.
Referred to the Committee on Judiciary.

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

HB 1109.

By Representative Watson of the 114th: 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, electrical, and other codes, so as to change the definition of the term "state minimum standard codes".

THURSDAY, MARCH 12, 1992

2453

The following Committee substitute was read and adopted:

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, electrical, and other codes, so as to change the definition of the term "state minimum standard codes"; to provide that the design, erection, construction and alteration of buildings in this state shall comply with certain state minimum standard codes or shall comply with more stringent requirements adopted by a local government; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, is amended by striking in its entirety division (9)(B)(i) of Code Section 8-2-20, relating to definitions applicable to said part, and inserting in lieu thereof a new division (9)(B)(i) to read as fol lows: "(B) (i) On and after October ir, 1091 May lj 1992, 'state minimum standard codes' means the following codes:
(I) Standard Building Code (SBCCI); (II) National Electrical Code as published by the National Fire Protection Asso ciation; (III) Standard Gas Code (SBCCI); (IV) Standard Mechanical Code (SBCCI); (V) Georgia State Plumbing Gede ef the Standard Plumbing Code (SBCCI)j with Georgia amendments; (VI) Council of American Building Officials One- and Two-Family Dwelling
(VII) Georgia State Energy Code for Buildings as adopted by the State Building Administrative Board pursuant to an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), as such code exists on September 30, 1991;
(VIII) Standard Fire Prevention Code (SBCCI); (I)) Standard Housing Code (SBCCI); ()) Standard Amusement Device Code (SBCCI); ()I) Excavation and Grading Code (SBCCI); ()II) Standard Existing Buildings Code (SBCCI); ()III) Standard Swimming Pool Code (SBCCI); and ()IV) Standard Unsafe Building Abatement Code (SBCCI)." Section 2. Said part is further amended by striking in their entirety subsections (a) and (b) of Code Section 8-2-25, relating to state-wide application of minimum standard codes, and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) On and after October i^ 1991 May lj 1992, the state minimum standard codes enumerated in subdivisions (9)(B)(i)(I) through (9)(B)(i)(VIII) of Code Section 8-2-20 shall have state-wide application and shall not require adoption by a municipality or county. The design, erection, construction, and alteration of buildings in this state on and after said date shall comply with the state minimum standard codes enumerated in subdivisions (9)(B)(i)(I) through (9)(B)(i)(VIII) of Code Section 8-2-20 or shall comply with more stringent requirements adopted pursuant to this Code section. The governing authority of any municipality or county in this state is authorized to enforce the state minimum standard codes enumerated in this subsection. (b) The state minimum standard codes enumerated in subdivisions (9)(B)(i)(IX) through (9)(B)(i)(XIV) of Code Section 8-2-20 shall not be applicable in a jurisdiction until adopted by a municipality or county. The governing authority of any municipality or county in this state is authorized to adopt and enforce the state minimum standard codes enumerated in this subsection subdivisions (9)(B)(i)(IX) through (9)(B)(i)(XIV) of

2454

JOURNAL OF THE HOUSE,

Code Section 8-2-20 in that subject area which is being regulated by the municipality or county, and a copy of the local ordinance or resolution adopting any such code shall be forwarded to the department in order that such municipality or county may be apprised of subsequent amendments in the state minimum standard code so adopted."
Section 3. This Act shall become effective May 1, 1992. Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abernathy Y Adams
Aiken Alford Y Ashe Y Atkins Y Baker Y Balkcom Barfoot Y Bargeron Y Barnett.B Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Brooks Y Brown Y Brush YBuck Y Buckner Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G
Davis.M Dixon,H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Golden Y Goodwin E Green Y Greene Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas YMann Y Martin McBee Y McCoy Y McKelvey Y McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston N Poag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor
Teper Thomas.C Y Thomas.M Thomas.N Y Thurmond Y Titus Y Tolbert Townsend Turnquest Twiggs Valenti Y Vaughan Y Walker,J Walker.L Y Wall Y Watson Y Watts Y White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 138, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Irwin of the 57th, Wilder of the 21st, Henson of the 57th and Thomas of the 69th stated that they had been called from the floor of the House during the pre ceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

HB 1902.

By Representatives Carrell of the 65th, Thomas of the 69th and Connell of the 87th: A bill to amend Article 17 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to rights in certain works of art, so as to remove the requirements regarding duplications of certain works of art.

THURSDAY, MARCH 12, 1992

2455

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

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Bargeron Y Barnett.B Y Barnett.M Bates Y Beatty Y Benefield Birdsung Blitch Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Dixon.H Y Dixon.S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Godbee Golden Y Goodwin E Green Y Greene Griffin Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Jones Y Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee
Long YLord
Lucas YMann Y Martin
McBee McCoy Y McKelvey McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Poag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow
Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Wilder of the 21st, Thomas of the 69th, Henson of the 57th 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.

Representatives Davis of the 45th and Ashe of the 25th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

HB 1814.

By Representatives Stancil of the 8th, Bostick of the 138th, Oliver of the 53rd and Pinholster of the 8th: A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to custody of children, so as to provide for notification upon certain changes of residence of a custodial or joint custodial parent; to pro vide for certain hearings with respect to visitation rights, custody, or child support.

The following Committee substitute was read and adopted:

2456

JOURNAL OF THE HOUSE,

A BILL To amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children, so as to provide for notification upon certain changes of residence; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children, is amended by adding a new paragraph at the end of subsection (c), to be designated paragraph (3), to read as follows: "(3) Except where otherwise provided by court order, in any case under this subsec tion in which a parent changes his or her residence, he or she must give notification of such change to the other parent and, if the parent changing residence is the custodial parent, to any other person granted visitation rights under this title or a court order. Such notification shall be given at least 30 days prior to the anticipated change of resi dence and shall include the full address of the new residence." 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 Abernathy Y Adams Y Aiken Y Alford Y Ashc Y Atkins Y Baker
Balkcom Barfoot
Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
Y BrusK Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth N Cummings.B
Cummings.M
Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Godbee
Y Golden Y Goodwin E Green
Y Greene Y Griffin
Y Groover Hamilton
Y Hammond
Y Manner Y Harris.B Y Harris,J

Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson
Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
Poag Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend N Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 141, nays 2. The Bill, having received the requisite constitutional majority, was passed by substitute.

THURSDAY, MARCH 12, 1992

2457

Representatives Wilder of the 21st and Henson of the 57th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1116.

By Representative McKinney of the 35th: A bill to amend Code Section 36-34-2 of the Official Code of Georgia Anno tated, relating to the administration of government generally, so as to pro vide that such power shall include the power to authorize any of the officers, agents, and employees of the municipal corporation to serve certain process, summons, notices, or orders.

The following Committee substitute was read and adopted:

A BILL To amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to the administration of government generally, so as to provide that such power shall include the power to authorize any of the officers, agents, and employees of the municipal corporation to serve certain process, summons, notices, or orders; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to the administration of government generally, is amended by striking in its entirety para graph (3) and inserting in lieu thereof the following: "(3) The power to authorize any of the officers, agents, and employees of the munici pal corporation to serve, in any manner prescribed by applicable law, any process, sum mons, notice, or order on all persons, as defined in Code Section 1-3-3 therein named, when:
(A) The paper to be served arises out of or relates to an activity or condition^ other than single isolated act er omission, conducted or maintained by such person within the territorial jurisdiction of the municipal corporation in violation of an appli cable law or ordinance covering the following: municipal housing, building, electrical, plumbing, heating, ventilating, air-conditioning, air and water pollution control, solid waste management, and other technical or environmental codes; municipal business, occupation, and professional license tax ordinances; municipal privilege license or per mit ordinances; or ordinances providing for the protection of facilities for the treat ment or wholesale or retail distribution of water from tampering or theft which may arise either from a single isolated act or omission or from an activity or condition;
(B) The paper to be served originates in or is issued under the authority of the department or branch of municipal government employing such officer, agent, or employee; and
(C) Each and every day the condition is maintained or the activity is conducted is made a separate municipal offense by applicable law or ordinance. Where any such paper names one or more persons who reside outside the territorial jurisdiction of the municipal corporation, the several sheriffs, marshals, and constables of the several counties of this state are authorized and directed to serve any such paper and make appropriate return of such service by them, as other process is served and returned, on such named persons residing in their respective jurisdictions, upon receipt of a written request to make such service, for the fees allowed for service of process issued by the superior courts of this 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 sub stitute, was agreed to.

2458

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 98, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1375.

By Representatives Holmes of the 28th, Walker of the 115th, Coleman of the 118th, Connell of the 87th, Thurmond of the 67th and others: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions of property from ad valorem taxation, so as to provide that property of certain community service organizations shall be exempt from all ad valorem property taxes in this state.

The following Committee substitute was read and adopted:

A BILL To amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions of property from ad valorem taxation, so as to provide that property of cer tain community service organizations shall be exempt from all ad valorem property taxes in this state; to provide for limitations; to provide for effective dates; to provide for a ref erendum; to provide for applicability; to provide for automatic repeal under certain cir cumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions of property from ad valorem taxation, is amended in subsection (a) by deleting "and" at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting in its place "; and", and by adding a new paragraph immediately follow ing paragraph (13), to be designated paragraph (14), to read as follows: "(14) All property of a community service organization used in connection with its operation which organization is recognized under Section 501(c)(3) of the Internal Reve nue Code of 1986, as amended, as an exempt organization which has no stockholders and no income or profit which is distributed to or for the benefit of any private person and which organization performs services which advance the spiritual, mental, physical, social, and emotional welfare of young people by providing recreation services and youth activities which are open to the general public. The property exempted by this para graph shall not be used for the purpose of producing private or corporate profit and income distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property shall be used exclusively for community service purposes or for the purpose of maintaining and operating such community service institutions. This paragraph shall not apply to real estate or build ings which are rented, leased, or otherwise used for the primary purpose of securing an income thereon and shall not apply to real estate or buildings which are not used for the operation of community service institutions. Donations of property to be exempted shall not be predicated upon an agreement, contract, or other instrument that the donor or donors shall receive or retain any part of the net or gross income of the property." Section 2. This Act is intended to clearly provide that the property of qualified com munity service organizations described in this Act shall be exempt from taxation. This Act shall not be construed to imply that the property of such organizations was previously sub ject to ad valorem taxation. Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that referendum on the date of and in con junction with the November, 1992, state-wide general election. The Secretary of State shall

THURSDAY, MARCH 12, 1992

2459

cause the date and purpose of the referendum to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which clarifies and provides that certain prop erty of community service organizations which are exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and which perform services which advance the spiritual, men tal, physical, social, and emotional welfare of young people shall be exempt from all ad valorem property taxes in this state?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 and 2 of this Act shall become effective immediately. If Sections 1 and 2 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

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.

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 Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Barfoot Bargeron Barnett.B Y Barnett.M Bates Y Beatty Y Benefield Birdsnng Y Blitch Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Dixon.S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Flynt N Godbee Y Golden Y Goodwin E Green Y Greene Griffin Y Groover Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee Y Long YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish N Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding Ricketson Y Royal Selman Y Sherrill Y Simpson Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy ,Spkr

2460

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 138, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

HR 997. By Representative Lane of the 27th: A resolution to amend the resolution approved April 12, 1991, which pro posed an amendment to the Constitution which would require that when local Acts of the General Assembly repeal constitutional amendments appli cable to particular political subdivisions, each such local Act shall be condi tioned for its effectiveness on approval by a majority of the qualified voters voting on such question in the particular political subdivision or subdivisions affected by the amendment, so as to clarify the meaning of said 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 fol lows:

Y Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee YLong
Lord Lucas Y Mann Y Martin Y McBee McCoy Y McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith,W Y Smyre YSnow
Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Twiggs Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Wilder Y Williams.B Y Williams.J Williams.R Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative 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.

THURSDAY, MARCH 12, 1992

2461

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 fol lowing Bill of the House:

HB 1530.

By Representatives Mobley of the 64th and Twiggs of the 4th: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to abolish the State Patrol Disciplinary Board.

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

HR 1019. By Representatives Williams of the 48th, Murphy of the 18th, Oliver of the 53rd and Alford of the 57th: A resolution commending Mrs. Carolyn Beasley Gilbert and inviting her to appear before the House of Representatives.

HR 1039. By Representative Pinkston of the 100th: A resolution recognizing and commending Sarah Catherine Duke.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1385. By Representatives Patten of the 149th and Dobbs of the 74th: 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 Man agement Act," so as to provide a further statement of policy; to define cer tain terms; to provide certain powers and duties of the Board of Natural Resources.

The following Committee substitute 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," so as to provide a further statement of policy; to define certain terms; to provide certain powers and duties of the Board of Natural Resources; to provide certain powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to make certain provisions relative to a solid waste trust fund; to provide for local regulation of certain scrap tires; to provide for the disposal of scrap tires; to provide for the collection and transportation of scrap tires; to provide exemptions to such provisions; to provide requirements for generators of scrap tires; to provide restrictions on the storage of scrap tires; to provide exemptions from such restrictions; to provide for an additional tax on the sale of new tires; to provide for the collection of such tax and for the payment of one-half of the proceeds into the state treasury; to provide a statement of legislative intent; to pro vide for the abatement of certain threats to the public health; to provide for the cessation of certain unlawful operations; to provide for financial responsibility; to repeal conflicting laws; and for other purposes.

2462

JOURNAL OF THE HOUSE,

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," is amended by inserting at the end of Code Section 12-8-21, relating to a declaration of policy, the follow ing:
"(f) It is further the intent of the General Assembly that every effort be undertaken to ensure the proper management of scrap tires from the point of generation to the ulti mate point of reuse, recycling, or disposal and that every effort be made to ensure that, where possible, they be reused or recycled rather than being disposed."
Section 2. Said part is further amended by striking in its entirety Code Section 12-8-22, relating to definitions, and inserting in lieu thereof the following:
"12-8-22. As used in this article, the term: (1) 'Biomedical waste' means pathological waste, biological waste cultures and
stocks of infectious 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 expend able 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 Univer sity System of Georgia or other organization approved by the director stating that the operator has met the requirements of the board for the specified operator classifica tion 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 sub stance 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 ther mal 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 demon strate 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 United States Environmental Protection Agency which are in force and effect on Feb ruary 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.

THURSDAY, MARCH 12, 1992

2463

(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 facili ties.
(20) 'Municipal solid waste landfill' means a disposal facility where any amount of municipal solid waste, whether or not mixed with cr 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 dis posal 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 institu tion thereof and any municipality, county, political subdivision, public or private cor poration, 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 corpo ration 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 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) 'Retreadable casing' means a scrap tire suitable for retreading.

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JOURNAL OF THE HOUSE,

(38) (29) '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.
(39) (30) 'Rigid plastic container' means any formed or molded part comprised pre dominantly 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.
(31) 'Scrap tire' means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
(32) 'Scrap tire carrier' means any person engaged in picking up or transporting scrap tires for the purpose of removal to a scrap tire processor, tire retreader, or dis posal facility. This term does not include a solid waste collector whose primary busi ness is the collecting of municipal solid waste; a private individual or private carrier who transports the person's own scrap tires to the scrap tire processor, tire retreader, or disposal facility; a person who transports fewer than five scrap tires for disposal; or the United States, the State of Georgia, any county or municipality of this state, or any of their agents.
(30) (33) '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 ani mals; sewage sludges; animal manures; industrial waste, such as waste materials gener ated in industrial operations; residue from solid waste thermal treatment technology; food processing waste; demolition waste; abandoned automobiles; dredging waste; con struction 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 regu lated pursuant to Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Con trol Act,' or Chapter 9 of this title, 'The Georgia Air Quality Act of 1978.'
(31) (34) 'Solid waste handling' means the storage, collection, transportation, treat ment, utilization, processing, or disposal of solid waste or any combination of such activities.
(33) (35) '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) (36) 'Solid waste thermal treatment technology' means any solid waste han dling facility the purpose of which is to reduce the amount of solid waste to be dis posed of through a process of combustion, with or without the process of waste to energy.
(34) (37) '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.
(36) (38) '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.
(39) 'Tire retailer' means any person engaged in the business of selling new
replacement tires. (40) 'Tire retreader' means any person actively engaged in the business of
retreading scrap tires by scarifying the surface to remove the old surface tread and attaching a new tread to make a usable tire.
(36) (41) 'Waste to energy facility' means a solid waste handling facility that pro vides for the extraction and utilization of energy from municipal solid waste through a process of combustion.
(3?) (42) 'Yard trash' means vegetative matter resulting from landscaping mainte nance and land-clearing operations other than mining, agricultural, and silvicultural
operations."

THURSDAY, MARCH 12, 1992

2465

Section 3. Said part is further amended by striking at the end of subparagraph (H) of paragraph (1) of Code Section 12-8-23, relating to powers and duties of the Board of Natural Resources, the word "and" and by inserting at the end of such paragraph a new subparagraph (J) to read as follows:
"(J) Rules and regulations regulating the generation, collection, processing, and dis posal of scrap tires and governing the investigation and cleanup of sites where scrap tires have been disposed regardless of the date when such disposal occurred; and"
Section 4. Said part is further amended by striking the word "and" at the end of paragraph (17) of subsection (a) of Code Section 12-8-23.1, relating to powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; by striking the symbol "." at the end of paragraph (18) of said subsection and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of said subsection the following:
"(19) To collect fees related to the sale of new replacement tires and with such fees administer such programs as may be necessary to ensure that scrap tires are regulated from the point of generation to the point of ultimate disposal to protect public health and the environment."
Section 5. Said part is further amended by striking in its entirety Code Section 12-8-27.1, relating to the solid waste trust fund, and inserting in lieu thereof of the follow ing:
"12-8-27.1. (a) 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 Oode oection lz~o-4U.l all interest earned by sucn moneys deposited tft sued tund 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 cor rective 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 closurer and
(4) To take such actions as may be necessary to implement the provisions of a scrap tire management program in this state, particularly as may be related to the cleanup of scrap tire disposal piles and facilities, regulation of scrap tire carriers and other handlers, and disbursement of grants and loans to cities, counties, and other persons as may be necessary to implement fully the provisions of this part. (b) If the director determines that a solid waste or special solid waste handling facil ity 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 respon sibility mechanisms. The proceeds from any applicable financial responsibility mecha nisms 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. (d) Any interest earned upon the corpus of the solid waste trust fund shall not become a part thereof but shall be paid over to the division to be utilized by the divi sion for administration of the state solid waste management program. Any funds not

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expended for this purpose in the fiscal year in which they are generated shall be depos ited into the state treasury. Nothing in this Code section shall be construed so as to allow the division to retain any funds required by the Constitution of Georgia to be paid into the state treasury. The division shall comply with all provisions of Part j. of Article 4 of Chapter 12 of Title 45, known as the 'Budget Act'; provided, however, that the divi sion shall be exempt from the provisions of Code Section 45-12-92, which requires pay ment into the state treasury of moneys collected by state agencies."
Section 6. Said part is further amended by inserting at the end of Code Section 12-8-37.1, relating to an authorization to make state grants, the following:
"(c) The corpus of the solid waste trust fund established in Code Section 12-8-27.1 may be used to make grants and loans to cities and counties, any combination of cities and counties, authorities, state agencies, or the Georgia Recycling Market Development Council for the cleanup of solid waste disposal facilities, including those used for the dis posal of scrap tires; for the development and implementation of solid waste enforcement programs for the abatement of illegal dumping of solid waste; for the funding of grants or loans, in accordance with procedures developed by the division; for the implementa tion of innovative technologies for the recycling and reuse of solid waste, including with out limitation scrap tires; and for educational and other efforts to promote waste reduction, recycling, and recycling market development."
Section 7. Said part is further amended by striking in its entirety Code Section 12-8-40.1, relating to restrictions on the disposal of tires, and inserting in lieu thereof the following:
"12-8-40.1. (a) Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on scrap tires originating in or 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 scrap tires at solid waste disposal facilities within its control; and
(2) A requirement that scrap tires be recycled, shredded, chopped, or otherwise processed in an environmentally sound manner prior to disposal at solid waste dis posal facilities owned or operated by the city, county, or authority. (b) After December 31, 1994, no person may dispose of scrap tires in a solid waste landfill unless:
(1) The scrap tires are shredded, chopped, or chipped in accordance with stan dards established by the board; and
(2) The director finds that the reuse or recycling of scrap tires is not economically feasible and either:
(A) The scrap tires are received from a municipal solid waste collector holding a valid solid waste collection permit under authority of this part and who transports fewer than ten scrap tires at any one time; or
(B) The scrap tires are received from a person transporting fewer than five scrap tires in combination with the person's own solid waste for disposal. (c) (1) No person shall collect or transport scrap tires for the purpose of processing or disposal or purport to be in the business of collecting or transporting scrap tires unless the person has a scrap tire carrier permit issued by the division. (2) As a condition of holding a permit to collect scrap tires, each permitted person shall:
(A) Report to the division in such manner and with such frequency as the divi sion shall require the number of scrap tires transported and the manner of disposi tion;
(B) Maintain financial assurance in accordance with subsection (1) of this Code section; and
(C) Submit such other data as is determined by the board to be reasonably nec essary to protect public health and the environment. (d) Subsection (c) of this Code section shall not apply to:

THURSDAY, MARCH 12, 1992

2467

(1) A municipal solid waste collector holding a valid solid waste collection permit under authority of this part whose primary business is the collection of municipal solid waste;
(2) A private individual transporting the individual's own scrap tires to a processor or for proper disposal;
(3) A company transporting the company's own tires to a processor or for disposal which company is not in the tire handling business; and
(4) The United States, the State of Georgia, any county, municipality, or public authority. (e) After July l^ 1992, any person who generates scrap tires shall:
(1) Notify the division of such activities, requesting the issuance of an identifica tion number, which number shall be used on scrap tire shipment manifests;
(2) Have the scrap tires collected and transported by persons in compliance with subsection (c) of this Code section;
(3) Maintain receipts indicating the disposition of the scrap tires; (4) Maintain receipts indicating the permit number and name of the scrap tire car rier to whom the tires where given; (5) Maintain receipts indicating the disposal site or processing facility where the scrap tires were taken including the date of such disposal and the number of scrap tires; and (6) Provide such other information as the board shall require and for such period of time as the board deems appropriate. (f) No person may store more than 100 scrap tires anywhere in this state. Any per son storing in excess of 100 scrap tires shall be deemed to be in violation of this part. (g) Subsection (f) of this Code section shall not apply to: (1) A solid waste disposal site permitted by the division if the permit authorizes the storage of scrap tires prior to their disposal; (2) A tire retailer with not more than 500 scrap tires in storage, if such retailer submits the returns required under subsection (h) of this Code section; (3) A tire retreader with not more than 1,500 scrap tires in storage so long as the scrap tires are of the type the retreader is actively retreading; and (4) An auto salvage yard with not more than 500 scrap tires in storage, (h) (1) Beginning July ]_, 1992, a fee is imposed upon the retail sale of all new replacement tires in this state of $1.00 per tire sold. The fee shall be imposed on retail dealers at the time the retail dealer sells a new replacement tire to the ultimate con sumer. The fee shall be remitted to the division on a quarterly basis on such forms as may be prescribed by the division. All fees received by the division shall be depos ited into the state treasury to the account of the general fund in accordance with the provisions of Code Section 45-12-92. All moneys deposited into the solid waste trust fund shall be deemed expended and contractually obligated and shall not lapse to the general fund. (2) The tire fees authorized in this subsection shall cease to be collected on June 30, 2000. (i) (1) The division may abate any threat or potential threat to public health or the environment created or which could be created by scrap tires or other scrap tire mate rials by removing or processing the scrap tires or other scrap tire materials. Before taking any action to abate the threat or potential threat, the division shall give any person having the care, custody, or control of the scrap tires or materials or owning the property upon which the scrap tires or materials are located notice of the division's intentions and order the responsible party to abate the threat or potential threat in a manner approved by the division. Such order shall be issued in accordance with Code Section 12-8-30. (2) If the responsible party is unable or unwilling to comply with such order or if no person who has contributed or is contributing to the scrap tires or scrap tire mate rials which are to be abated can be found, the director may undertake cleanup of the site utilizing funds from the solid waste trust fund.

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(3) The division or its contractors may enter upon the property of any person at such time and in such manner as deemed necessary to effectuate the necessary correc tive action to protect human health and the environment.
(4) Neither the State of Georgia nor the solid waste trust fund established in Code^ Section 12-8-27.1 shall be liable for any loss of business, damages, or taking of prop erty associated with the corrective action.
(5) The division may bring an action or proceeding against the property owner or the person having possession, care, custody, or control of the scrap tires or other scrarj tire materials to enforce the corrective action order issued under Code Section 12-8-30 and recover any reasonable and necessary expenses incurred by the division for correc tive action, including administrative and legal expenses. The division's certification of expenses shall be prima-facie evidence that the expenses are reasonable and necessary.
(6) Nothing in this part shall affect the right of any municipality or county to abate or clean up scrap tires or scrap tire materials which are a threat or potential threat to human health or the environment. The division may reimburse such local governments for such actions in accordance with procedures approved by the board, (j) Except for the purposes of scrap tire corrective actions, the provisions of this Code section do not apply to:
(1) Tires with a rim size less than 12 inches; (2) Tires from:
(A) Any device moved exclusively by human power; or (B) Any device used exclusively for farming purposes, except a farm truck; or (3) A retreadable casing while under the control of a tire retreader or while being delivered to a retreader. (k) The director shall be authorized to order the cessation of operation of any scrap tire carrier who is found not to be operating in compliance with this part or rules adopted pursuant to this part and the seizure of all property used in such unlawful oper ations; provided, however, that the scrap tire carrier shall be afforded a hearing within 48 hours before an administrative law judge of the Department of Natural Resources upon such order of the director. (1) (1) A performance bond or letter of credit shall be provided to the director by a scrap tire carrier prior to issuance of a permit for collecting scrap tires to ensure compliance with the provisions of this part. (2) The bond or letter of credit required in this subsection shall be: (A) Conditioned upon compliance with this part, any rules adopted pursuant to this part, and the carrier's permit; and (B) In such amount as determined by the director necessary to ensure compli ance, but in any event not to exceed $10,000.00. (3) Such performance bond or letter of credit shall be payable to the director and issued by an insurance company authorized to issue such bonds in this state or from a bank or other financial institution authorized to issue irrevocable letters of credit. (4) Upon a determination by the director that a scrap tire carrier has failed to meet the provisions of this part, rules promulgated pursuant to this part, or its per mit, the director may, after written notice of such failure: (A) Forfeit or draw that amount of such bond or letter of credit that the direc tor determines necessary to correct the violation; (B) Expend such amount for such purposes; and (C) Require the replacement of that amount of such bond or letter of credit for feited or drawn upon. (5) Any moneys received by the director in accordance with paragraph (4) of this subsection shall be deposited into the solid waste trust fund established in Code Sec tion 12-8-27.1."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

THURSDAY, MARCH 12, 1992

2469

Representatives Lane of the lllth, Ray of the 98th and Floyd of the 135th move to amend the Committee substitute to HB 1385 by striking on line 12 of page 19 the word "farming" and inserting in lieu thereof the word "agricultural".

The following amendment was read:

Representative Smith of the 78th moves to amend the Committee substitute to HB 1385 as follows:
On page 12 line 4 and 5 strike the word "and other persons" add between cities and counties the word "and".

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Y Abernathy N Adams N Aiken N Alford N Ashe N Atkins N Baker
Balkcom
Bartuot Bargeron Barnett.B Barnett.M Bates N Beatty N Benefield N Birdsong Blitch N Bordeaux Y Bostick Y Branch Breedlove
Brooks Y Brown
N Brush N Buck Y Buckner
Byrd Campbell Y Canty N Carrell N Carter N Cauthorn N Chafin Chambless Y Cheeks N Childers

Y Clark.E Clark,L
N Coker Coleman
N Colwell Connell
Y Culbreth N Cummings.B
Cummings,M Y Davis,D N Davis.G N Davis.M Y Dixon.H N Dixon.S N Dobbs N Dover
Dunn N Edwards N Elliott
Felton Y Fennel
N Floyd.J.M Floyd.J.W
Flvnt Godbee Golden Y Goodwin E Green Greene N Griffin N Groover Y Hamilton Y Hammond Manner N Harris,B Y Harris.J

N Heard Y Henson N Herbert
Holland N Holmes Y Howard Y Hudson N Irwin
N Jackson Jamieson
Y Jenkins Y Jones N Kilgore N King N Kingston Y Klein Y Ladd N Lane.D Y Lane.R E Langford N Lawrence
Y Lawson N Lee
N Long Lord Lucas
Y Mann N Martin Y McBee Y McCoy N McKelvey
McKinney.B McKinney,C Meadows N Merritt Y Milam

Mills N Mobley
Moody N Morsberger
Moultrie Mueller Y Oliver.C N Oliver,M
N Orr Orrock
Y Padgett N Parham N Parrish N Patten N Pelote Y Perry N Pettit N Pinholster N Pinkston N Poag
Porter
Poston N Powell.A
Y Powell.C N Presley N Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman N Sherrill N Simpson
Sinkfield

N Skipper Y Smith,L N Smith,P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil,F
N Stancil,S Stanley
N Streat Y Taylor N Teper N Thomas.C Y Thomas.M N Thomas,N Y Thurmond N Titus N Tolbert
Townsend N Turnquest
Y Twiggs N Valenti
N Vaughan Y Walker.J
Walker,L Wall N Watson N Watts White N Wilder Y Williams.B N Williams,J N Williams,R Yeargin Murphy.Spkr

On the adoption of the amendment, the ayes were 50, nays 80. The amendment was lost.

The Committee substitute, as amended, was adopted.

Representative Mills of the 20th 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 Poston of the 2nd 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 report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.

2470

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 Abernathy Y Adams N Aiken Y Alford Y Ashe N Atkins Y Baker
Balkcom Barfoot Bargeron Barnett.B Barnett.M Bates Y Beatty Y Benetield Y Birdsong Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthurn Y Chafin Y Cham bless N Cheeks Y Childers

Y Clark.E Y Clark,L
N Coker Coleman
Y Colwell Connell
Y Culbreth Y Cummings,B
Cummings,M N Davis.D Y Davis.G Y Davis.M N Dixon.H Y Dixon.S
Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W Flynt Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney,C Meadows Y Merritt Y Milam

Y Mills Y" Mobley
Moody Y Morsberger
Moultrie N Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote N Perry Y Pettit Y Pinholster Y Pinkston N Poag
Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
N Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith,T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Pursuant to House Rule No. 134, Representative Barnett of the 59th asked to be excused from voting on HB 1385.

Representative Poston of the 2nd 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 912. By Representatives Baker of the 51st and Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide a new retirement system for magistrates of Georgia.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-3-63 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System by certain public school employees, so as to provide that local school systems shall pay employer contributions for certain such employees; to provide for related matters; to repeal conflicting laws; and for other pur poses.

THURSDAY, MARCH 12, 1992

2471

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-3-63 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System by certain public school employees, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the follow ing: "(b) Members (1) who were previously eligible for membership in the Public School Employees Retirement System and whose duties were or have been changed in such a manner so as to have made them eligible for membership in the Teachers Retirement System of Georgia and (2) any personnel specified in subsection (a) of this Code section who elect to become members of the Teachers Retirement System of Georgia shall be permitted to establish credit for service rendered in a public school system prior to the date such employees become or became members of the Teachers Retirement System of Georgia, provided that such service would be or would have been normally allowable as creditable service under the Public School Employees Retirement System; provided, fur ther, that such members must pay the employee contributions on the salary earned by such members during the years of service sought to be so established, plus applicable accrued regular interest compounded annually to the dates of payment at the rates adopted by the board of trustees. Such members or the local boards of education by which the members are employed at the time the service is established shall pay the employer contributions on the earnable compensation of such members that would have been paid to the Teachers Retirement System of Georgia, plus applicable accrued regu lar interest compounded annually to the dates of payment at the rates adopted by the board of trustees. (c) The State of Georgia shall be the employer of personnel specified in subsection (a) of this Code section for the purposes of employer contributions on membership ser vice rendered by such members after they become members of the Teachers Retirement System of Georgia; provided, however, that a local school system shall pay the employer contributions for the number of its managers or supervisors in each category of employ ment set forth in subsection (a) of this Code section who are members of this retirement system pursuant to this Code section which exceeds 10 percent of the total number of employees of such local school system in such category." 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y' Breedlove Y Brooks
Brown

Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D

Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene
Griffin Y Groover
Hamilton Y Hammond

Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane,D Y Lane,R E Langford

Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C

2472

JOURNAL OF THE HOUSE,

Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag

Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman

Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley

Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti

Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Poston of the 2nd and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1675.

By Representatives Holland of the 136th and Smith of the 16th: A bill to amend Code Section 36-9-3 of the Official Code of Georgia Anno tated, relating to the procedure for the sale or disposition of county real property generally, so as to provide for sale of such property to the highest bidder.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Culbreth Y Cummings,B Cummings.M Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Harris,.!

Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Hudson Y Irwin Y Jackson Jamieson Y Jenkins Y Jones Y Kilgore King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee Long YLord Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat
Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy.Spkr

THURSDAY, MARCH 12, 1992

2473

On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 1796. By Representative Cummings of the 17th: A bill to amend Article 4 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to financing the Georgia Firemen's Pension Fund, so as to change an exemption from a certain tax on certain premiums charged by each company, corporation, and association.

The following Committee substitute was read and adopted:

A BILL To amend Article 4 of Chapter 7 of Title 47 of the Official Code of Georgia Anno tated, relating to financing the Georgia Firemen's Pension Fund, so as to change an exemption from a certain tax on certain premiums charged by each company, corporation, and association; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 7 of Title 47 of the Official Code of Georgia Anno tated, relating to financing the Georgia Firemen's Pension Fund, is amended by striking in its entirety Code Section 47-7-61, relating to a tax on premiums charged by fire insur ance companies for certain classes of coverage, which reads as follows: "47-7-61. Every fire insurance company, corporation, or association doing business within this state shall within 90 days from December 31 of each year file a return with and pay to the secretary-treasurer of the Georgia Firemen's Pension Fund a tax of 1 percent of the gross premiums written by such insurance company, corporation, or asso ciation during the previous calendar year on fire, lightning, and extended coverage; inland marine and allied lines; and windstorm insurance policies, covering property within this state, provided that premiums for such insurance policies in cases where the property covered is classified by the Insurance Services Office, or its successor as deter mined by the board, as unprotected property shall be excluded in determining this tax. This tax is in addition to any and all other premium taxes now imposed by law. If a fire insurance company, corporation, or association knowingly or willfully fails to file a return or pay the taxes imposed by this Code section, the secretary-treasurer shall report such delinquency to the Commissioner of Insurance. The Commissioner of Insurance is authorized and directed upon receipt of such report, after notice and hearing, immedi ately to cancel such delinquent's license to do business within this state. Returns shall be made on forms prescribed by the board. Taxes imposed by this Code section shall bear interest from the due date until paid at the rate of interest which judgments entered in the courts of this state bear as prescribed by law. If any fire insurance com pany, corporation, or association knowingly or willfully fails to file a return or pay the taxes due as imposed by this Code section, there shall be imposed, in addition to the tax and interest thereon, a penalty not greater than 25 percent of the taxes due or $1,000.00, whichever is greater, in the discretion of the board. The board may in its name bring such actions as it may determine appropriate to collect any liability imposed by this Code section.", and inserting in lieu thereof the following: "47-7-61. (a) (1) Every fire insurance company, corporation, or association doing business within this state shall within 90 days from December 31 of each year file a return with and pay to the Georgia Firemen's Pension Fund a tax of 1 percent of the gross premiums written by such insurance company, corporation, or association during

2474

JOURNAL OF THE HOUSE,

the previous calendar year on fire, lightning, and extended coverage; inland marine and allied lines; and windstorm insurance policies, covering property within this state.
(2) If property covered under any such policy is served by public fire suppression facilities which are rated less favorably than class nine under rating standards pub lished by the Insurance Services Office or its successor, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by an organization performing similar rating functions, then and to that extent the premiums under such policy shall be excluded in determining the tax imposed under this Code section.
(3) Returns shall be made on forms prescribed by the board. (4) Taxes imposed by this Code section shall bear interest from the due date until paid at the rate of interest which judgments entered in the courts of this state bear as prescribed by law. (5) This tax is in addition to any and all other premium taxes now imposed by law. (b) If a fire insurance company, corporation, or association knowingly or willfully fails to file a return or pay the taxes imposed by this Code section, the secretary-trea surer shall report such delinquency to the Commissioner of Insurance. The Commis sioner of Insurance is authorized and directed upon receipt of such report, after notice and hearing, immediately to cancel such delinquent's license to do business within this state. (c) If any fire insurance company, corporation, or association knowingly or willfully fails to file a return or pay the taxes due as imposed by this Code section, there shall be imposed, in addition to the tax and interest thereon, a penalty not greater than 25 percent of the taxes due or $1,000.00, whichever is greater, in the discretion of the board. (d) The board may in its name bring such actions as it may determine appropriate to collect any liability imposed by 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 sub stitute, 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 substi tute.

HB 1599.

By Representatives Martin of the 26th, Childers of the 15th, Coleman of the 118th, McKinney of the 35th, Hamilton of the 124th and others: A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adoption, so as to provide that prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of a child-placing agency or any other agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner.

The following Committee substitute was read and adopted:

A BILL To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide that prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of a child-placing agency appointed by the court or any other independent agent appointed by the court to verify the allegations in the

THURSDAY, MARCH 12, 1992

2475

petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner, and to report its findings and recom mendations in writing to the court where the petition for adoption was filed; to provide for exceptions; to provide for such investigation by the Department of Human Resources; to provide for situations in which the Department of Human Resources is unable to make or arrange for the proper investigation and report; to require a child-placing agency or other agent appointed by the court to perform certain other tasks or duties heretofore per formed by the Department of Human Resources; to change the provisions relating to the criminal records check of a petitioner for adoption; to require the petitioner to reimburse the child-placing agency, other agent, or Department of Human Resources for the cost of conducting the investigation and report applicable to the petition for adoption; to change the provisions relating to cases and procedures where the report of the investigating agency disapproves of the adoption of the child; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking in its entirety Code Section 19-8-16, relating to inves tigations by the Department of Human Resources or other agencies upon the filing of a petition for adoption, and inserting in lieu thereof a new Code Section 19-8-16 to read as follows: "19-8-16. (a) Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of th department, through its ew agents, through ene
a child-placing agency appointed by the court or any other independent agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. If for any reason the department child-placing agency or other agent finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the commissioner ef human resources agency or agent to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated.
(b) If the petition has been filed pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7, the department is authorized, btrf net required, court is authorized but not required to appoint a child-placing agency or other independent agent to make an inves tigation ad shall d se whenever requested by th court, in whatever form the court specifies.
(c) If the petition has been filed pursuant to subsection (a) ef Code Section 19-8-8, or if the department has conducted an investigation and has consented to the adoption, an investigation by tbe department shall not be required.
(d) Where a criminal records check of a petitioner is required pursuant to this Code section, that petitioner shall pay the fee and the child-placing agency or other indepen dent agent may make application for such records check as required by the department to the Georgia Crime Information Center.
(e) The court may appoint the department to serve as its agent to conduct the inves tigation required by this Code section if an appropriate child-placing agency or indepen dent agent is not available. If for any reason the department finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the commis sioner of human resources to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated.
(f) The court shall require the petitioner to reimburse the child-placing agency or other independent agent, including the department, for the full cost of conducting the investigation and preparing the report."

2476

JOURNAL OF THE HOUSE,

Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 19-8-17, relating to the report and recommendation relative to adoption of the investigating department or agency, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) If the report of the department or the child-placing investigating agency or independent agent disapproves of the adoption of the child, motion may be made by the department er by the child-placing investigating agency or independent agent to the court to dismiss the petition and the court after hearing is authorized to do so. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal the ruling to the Georgia Court of Appeals or Supreme Court, as in other cases, as provided by law."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken Alford
Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter
Cauthorn Chafin \" Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings.B N Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman
Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond
Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WaIker,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1490.

By Representatives Hamilton of the 124th, Thomas of the 69th, Kilgore of the 42nd and Walker of the 115th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide that certain expense and per diem provisions, organizational requirements, and certification and classification requirements apply to all local school superin tendents of county and independent school systems.

THURSDAY, MARCH 12, 1992

2477

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee Y Long Y Lord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Reaves Redding Y Ricketson Y Royal Y Selman Sherrill Y Simpson Sinkfield

Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor
Teper Thomas.C Y Thomas.M Thomas.N Y Thurmond Y Titus Y Tolbert Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Y Williams.J Y Williams.R 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.

Representative Thomas of the 69th stated that he had been called from the floor of the House during the preceding roll call.- He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

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 787. By Senator Edge of the 28th: A bill to amend Code Section 15-18-14 of the Official Code of Georgia Anno tated, relating to assistant district attorneys and their appointment, qualifi cations, and compensation, so as to change the definition of the term "LL.M. degree"; to provide an effective date.

2478

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 787. By Senator Edge of the 28th: A bill to amend Code Section 15-18-14 of the Official Code of Georgia Anno tated, relating to assistant district attorneys and their appointment, qualifi cations, and compensation, so as to change the definition of the term "LL.M. degree"; to provide an effective date.
Referred to the Committee on Judiciary.

The following Resolutions of the House were read and adopted:

HR 1041.

By Representatives Colwell of the 4th, Godbee of the 110th, Hanner of the 131st, Sherrill of the 47th, Lane of the 27th and others: A resolution commending Bill Elliott, Junior Johnson, and Tim Brewer.

HR 1042.

By Representatives Colwell of the 4th, Murphy of the 18th, Godbee of the 110th, Walker of the 115th, Dover of the llth and others: A resolution congratulating Honorable Ralph Twiggs of the Fourth District on his sixty-fourth birthday.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House:

HR 1038. By Representative Murphy of the 18th: A resolution relative to adjournment.

The Speaker announced the House in recess until 1:00 o'clock this afternoon.

THURSDAY, MARCH 12, 1992

2479

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1043.

By Representatives Watts of the 41st and Murphy of the 18th: A resolution congratulating Walter demons Hunt on the occasion of his 100th birthday.

HR 1044. By Representatives Selman of the 32nd, Byrd of the 153rd and Kilgore of the 42nd: A resolution commending Mr. John E. Aderhold, chairman, Geo. L. Smith II Georgia World Congress Center Authority.

HR 1045. By Representative Streat of the 139th: A resolution commending Bishop Johnny Lee Litman, Jr.; on his twentieth anniversary of service as bishop.

HR 1046.

By Representatives Birdsong of the 104th, Jenkins of the 80th and Groover of the 99th: A resolution commending and recognizing Mr. R. Linton Jordon on the occa sion of his retirement.

HR 1047. By Representatives Poston of the 2nd and Poag of the 3rd: A resolution commending the Ringgold Telephone Company on its 80th anni versary.

HR 1048.

By Representative Poston of the 2nd: A resolution commending the Graysville Elementary School in Catoosa County.

HR 1049. By Representative McKinney of the 35th: A resolution recognizing and commending Major Myron Eugene Freeman.

HR 1050. By Representative Dunn of the 73rd: A resolution commending Benjamin Anthony Buckley.

HR 1051. By Representatives Canty of the 38th, McKinney of the 35th, McKinney of the 40th, Holmes of the 28th, Stanley of the 33rd and others: A resolution honoring Dr. Linzy Scott, Jr.

HR 1052. By Representative Teper of the 46th: A resolution commending the Center for Environment, Commerce & Energy; Environmental Solutions International; Lynne Cameron, and Charlotte L. Smoyer.

2480

JOURNAL OF THE HOUSE,

HR 1053. By Representatives Canty of the 38th, McKinney of the 35th, McKinney of the 40th, Stanley of the 33rd, Holmes of the 28th and others: A resolution honoring William H. Borders, Jr., M.D.

HR 1054. By Representative Breedlove of the 60th: A resolution commending and recognizing William Ernest Brewer II.

HR 1055. By Representative Bostick of the 138th: A resolution commending Honorable John Lindsey.
HR 1056. By Representatives Thomas of the 31st, Cummings of the 134th, Canty of the 38th, Davis of the 29th, Stanley of the 33rd and others: A resolution commending Honorable Maxine Waters.

HR 1057. By Representative Atkins of the 21st: A resolution honoring Mr. Alien M. Wallace.

HR 1058. By Representative Atkins of the 21st: A resolution honoring Hewitt W. Matthews, Ph.D.

HR 1059. By Representative Atkins of the 21st: A resolution commending the students of the Mercer University Southern School of Pharmacy.

HR 1060.

By Representatives Colwell of the 4th, Dixon of the 128th, Twiggs of the 4th, Bargeron of the 108th, Godbee of the 110th and others: A resolution commending Richard Petty.

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 2109. By Representatives Flynt of the 75th and Herbert of the 76th: A bill to amend an Act creating the Board of Commissioners of Spalding County, so as to redesignate and describe the five single-member commission districts in Spalding County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2110. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2111. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act creating the Dougherty County School System, so as to change the education district.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 12, 1992

2481

HB 2112. By Representatives Herbert of the 76th and Flynt of the 75th: A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected mem bers of the Griffin-Spalding County Board of Education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2113. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act to change the composition and method of election of the Board of Education of Appling County, so as to provide new education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2114. By Representative Moody of the 153rd: A bill to amend an Act creating the board of commissioners of Appling County, so as to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Kilgore of the 42nd District, Chairman of the Committee on Educa tion, 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 rec ommendations:
HB 1975 Do Pass, by Substitute HB 1997 Do Pass, by Substitute
Respectfully submitted, Is/ Kilgore of the 42nd
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 474 Do Pass, by Substitute SB 672 Do Pass
Respectfully submitted, /s/ Balkcom of the 140th
Chairman

Representative Holmes of the 28th District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:

2482

JOURNAL OF THE HOUSE,

Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 2057 Do Pass Respectfully submitted,
Is/ Holmes of the 28th 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 rec ommendation:
HB 1978 Do Pass Respectfully submitted,
/s/ Watson of the 114th Chairman

Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker: Your Committee on Regulated Beverages has had under consideration the following
Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1882 Do Pass HB 2015 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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1527 Do Pass HB 1977 Do Pass, as Amended HB 1713 Do Pass, as Amended SB 517 Do Pass

SB 255 Do Pass, as Amended SB 635 Do Pass SB 565 Do Pass

Respectfully submitted, /s/ Randall of the 101st
Chairman

THURSDAY, MARCH 12, 1992

2483

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 1038. By Representative Murphy of the 18th: A resolution relative to adjournment.

The following Senate amendment was read:

Amend HR 1038 by striking on Page 1, on lines 4 and 5, the following: "Tuesday, March 17," and inserting in lieu thereof the following: "Wednesday, March 18,".

The following amendment was read and adopted:

Representative Murphy of the 18th moves to amend the Senate amendment to HR 1038 as follows:
By striking the hour "5:00 P.M." from line 3 of page one and inserting in lieu thereof the hour 8:00 P.M.

The Senate amendment, as amended, was adopted.

Representative Murphy of the 18th moved that the House agree to the Senate amend ment, as amended by the House, to HR 1038.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin

Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin

Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee YLong Y Lord Y Lucas YMann

Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest

2484

JOURNAL OF THE HOUSE,

Y Twiggs Y Valenti Y Vaughan

Y Walker.J Y Walker.L Y Wall

Y Watson Y Watts Y White

On the motion, the ayes were 170, nays 1. The motion prevailed.

Y Wilder Y Williams.B
WilliamsJ

Y Williams.R Y Yeargin
Murphy.Spkr

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:

HB 1261. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1992 and ending June 30, 1993; 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 undertak ings 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, 1992 and ending June 30, 1993, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a revenue estimated of $8,134,000,000 for State Fiscal Year 1993.

PART I LEGISLATIVE BRANCH

Section 1. F.Y. 1993

LEGISLATIVE BRANCH. $22,621,097

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, 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 activi ties; 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 distribution the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code revi sion; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing services, and other expenses of the Legislative

THURSDAY, MARCH 12, 1992

2485

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 appro priations.

Section 2. F.Y. 1993

Department of Audits. $16,327,553

PART II JUDICIAL BRANCH

Section 3. F.Y. 1993

Supreme Court. $4,825,782

Section 4. F.Y. 1993

Court of Appeals. $5,941,919

Section 5. F.Y. 1993

Superior Courts. $45,162,275

Section 6. F.Y. 1993

Juvenile Courts. $1,084,206

Section 7. F.Y. 1993

Institute of Continuing Judicial Education. $634,322

Section 8. F.Y. 1993

Judicial Council. $2,145,986

Section 9. F.Y. 1993

Judicial Qualifications Commission. $175,000

Section 10. F.Y. 1993

Indigent Defense Council. $2,066,712

PART III EXECUTIVE BRANCH

Section 11. F.Y. 1993

Department of Administrative Services. $33,726,221

Section 12. F.Y. 1993

Agency for Removal of Hazardous Materials. $98,908

Section 13. F.Y. 1993

Department of Agriculture. $35,987,887

Section 14. F.Y. 1993

Department of Banking and Finance. $7,139,779

Section 15. F.Y. 1993

Department of Community Affairs. $13,270,363

2486

JOURNAL OF THE HOUSE,

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for Loans shall be available for nominal or no interest loans to counties, munici palities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.

Section 16. F.Y. 1993

Department of Corrections. $533,879,448

Section 17. F.Y. 1993

Department of Defense. $3,841,608

Section 18. F.Y. 1993

State Board of Education. $2,932,976,334

Provided, that the formula calculation for Quality Basic Education funding assumes a base unit cost of $1,616.76. 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 applica tion totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work site development and supervision.
Provided that, of the above appropriation relative to staff and professional develop ment, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
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 dur ing 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. 1993

Employees' Retirement System. $0

Section 20. F.Y. 1993

Forestry Commission. $33,299,667

Section 21. F.Y. 1993

Georgia Bureau of Investigation. $36,645,558

Section 22. F.Y. 1993

Office of the Governor. $24,716,058

Section 23. F.Y. 1993

Department of Human Resources. $1,055,635,311

It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1993 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget.
Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juve nile offenses or of becoming pregnant. Continuum for Juvenile Offenders. Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services.

THURSDAY, MARCH 12, 1992

2487

Institutional Foster Care Rates - To increase the percent of cost reimbursed to providers for children placed by the department. Child day care as provided by the federal Child Care Bill.

Section 24. F.Y. 1993

Department of Industry, Trade and Tourism. $16,304,031

Section 25. F.Y. 1993

Office of the Commissioner of Insurance. $15,725,839

Section 26. F.Y. 1993

Department of Labor. $16,635,021

Section 27. F.Y. 1993

Department of Law. $9,181,575

Section 28. F.Y. 1993

Department of Medical Assistance. $905,620,881

Section 29. F.Y. 1993

Department of Natural Resources. $60,625,783

Provided, that no land shall be purchased for State park purposes from funds appro priated in this section or from any other funds without the approval of the State Proper ties Control Commission, except that land specifically provided for in this Section.
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 Office of Planning and Budget is authorized to use 50% of the excess receipts to supplant State funds and 50% may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Provided that of the funds appropriated herein for Historic Preservation Grants, dis tribution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1992.

Section 30. F.Y. 1993

State Board of Technical and Adult Education. $118,578,624

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. 1993

Department of Public Safety. $97,698,050

Section 32. F.Y. 1993

Public School Employees' Retirement System. $9,622,000

Section 33. F.Y. 1993

Public Service Commission. $8,482,125

Section 34. F.Y. 1993

Regents', University System of Georgia. $932,019,360

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 Fis cal Affairs Sub-committees.

Section 35. F.Y. 1993

Department of Revenue. $70,801,298

Section 36.

Secretary of State.

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F.Y. 1993

$24,364,356

Section 37. F.Y. 1993

Soil and Water Conservation Commission. $1,533,591

Section 38. F.Y. 1993

Georgia Student Finance Commission. $25,670,310

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 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 Section 20-3-410 through 20-3-416.

Section 39. F.Y. 1993

Teachers' Retirement System. $3,850,000

Section 40. F.Y. 1993

Department of Transportation. $413,241,084

For this and all future general appropriations acts, it is the intent that the following provisions apply:
(a) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
(b) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
(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 this Section.
(e) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, paragraph VI, Subsection (b) of the State Constitution.
(f) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
(g) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
It is the further intent of this General Assembly, that of the $484,000,000 of motor fuel tax appropriated in this Act, $38,641,836 is designated and committed for the Local Assistance Road Program.

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Section 41. F.Y. 1993

Department of Veterans Service. $21,307,209

Section 42. F.Y. 1993

State Board of Workers' Compensation. $9,279,462

Section 43. F.Y. 1993

State of Georgia General Obligation Debt Sinking Fund. $427,711,741

With regard to the appropriations in Section 43 for "State of Georgia General Obliga tion Debt Sinking Fund (New)", the maximum maturities, user agencies and user authori ties, 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), $17,131 is specifically appropriated for the purpose of financing improvements for the Department of Agriculture 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 $185,000 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), $115,750 is specifically appropriated for the purpose of financing improvement at the Atlanta Farmers Market for the Georgia Building Author ity (Markets) by means of the acquisition, construction, development, extension, enlarge ment, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,250,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,176,020 is specifically appropriated for the pur pose of financing the renovation of offices and facilities of the Georgia Building Authority 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 $12,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $333,360 is specifically appropriated for the purpose of financing facilities for the Department of Corrections by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,600,000 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), $370,400 is specifically appropriated for the purpose of financing facilities for the Department of Corrections by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $12,964,000 is specifically appropriated for the pur pose of financing educational facilities for county and independent school systems through the State Board of Education to wit: $46,773,745 for regular entitlements, $1,611,069 for

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regular advanced planning grants, $23,751,225 to three systems for school consolidation and $67,863,961 for advanced incentive funding for systems which applied in F.Y. 1992 through the issuance of not more than $140,000,000 in principal amount of General Obliga tion 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 Sinking Fund (New), $324,563 is specifically appropriated for the State Board of Education to construct six public libraries by means of acquisition, construction, devel opment, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $3,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $758,400 is specifically appropriated for the purpose of purchasing equipment to expand a student information system for county and independent school systems through the State Board of Education by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $948,000 is specifically appropriated for the purpose of purchasing equipment for high school vocational education programs through the State Board of 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 wherewith, through the issuance of not more that $4,000,000 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), $194,460 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources by means of the acquisi tion, construction, development, extension, enlargement, and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,100,000 in princi pal 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), $186,589 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources by means of the acquisi tion, construction, development, extension, enlargement and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,015,000 in princi pal 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), $286,597 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources by means of the acquisi tion, construction, development, extension, enlargement and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,095,000 in princi pal 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), $258,354 is specifically appropriated for the purpose

THURSDAY, MARCH 12, 1992

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of financing facilities for the Department of Human Resources by means of the acquisi tion, construction, development, extension, enlargement, and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,790,000 in princi pal 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), $1,852,000 is specifically appropriated for the pur pose of financing the purchase of land for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, nec essary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $509,300 is specifically appropriated for the purpose of financing a regional reservoir for the Department of Natural Resources 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 $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $509,300 is specifically appropriated for the purpose of financing facilities for the Department of Natural Resources by means of the acquisi tion, construction, development, extension, enlargement, and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,500,000 in princi pal 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), $3,007,648 is specifically appropriated for the pur pose of financing harbor improvements for the Georgia Ports Authority 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 $32,480,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $839,419 is specifically appropriated for the purpose of financing facilities for the Georgia Ports Authority by means of the acquisition, con struction, development, extension, enlargement and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,065,000 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), $1,345,478 is specifically appropriated for the pur pose of financing facilities for the Georgia Ports Authority 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 $14,530,000 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), $2,333,983 is specifically appropriated for the pur pose of financing facilities for the Board of Regents of the University System of Georgia

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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 $25,205,000 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), $13,221,428 is specifically appropriated for the pur pose of financing facilities 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 than $142,780,000 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), $324,100 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 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), $1,250,100 is specifically appropriated for the pur pose of financing facilities 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 than $13,500,000 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), $131,955 is specifically appropriated for the purpose of financing communications equipment 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 than $1,425,000 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), $853,200 is specifically appropriated for the purpose of financing a computer system for the Department of Revenue by means of the acquisi tion, construction, development, extension, enlargement, and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,600,000 in princi pal 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), $3,015,056 is specifically appropriated for the pur pose of financing facilities for 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, nec essary or useful in connection therewith, through the issuance of not more than $32,560,000 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), $1,422,000 is specifically appropriated for the pur pose of financing facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, and improvement of

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land, property, buildings, structures, equipment and facilities, both real and personal, nec essary 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 sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $648,200 is specifically appropriated for the purpose of financing facilities for the Department of Transportation 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 $7,000,000 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), $6,574,600 is specifically appropriated for the pur pose of financing public road and bridge facilities for the Department of Transportation 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 $71,000,000 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 Sinking Fund (New), $9,260,000 is specifically appropriated for the purpose of financing a program of Developmental Highways for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $100,000,000 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), $657,460 is specifically appropriated for the purpose of financing facilities for the Department of Transportation 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 $7,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $277,800 is specifically appropriated for the purpose of financing facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 44. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
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

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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 therefore.
Section 47. Each and every agency, board, commission, and authority receiving appropriations in the 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 com muting 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, Para graph l(a) of the Constitution of the State of Georgia, as amended, there is hereby appro priated 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 exis tence or as provided for in the Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effec tive 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 insuffi cient 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 effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Bud get utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Plan ning 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.

THURSDAY, MARCH 12, 1992

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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, pickup trucks, vans, station wag ons 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 recom mendations 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 Execu tive 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 trans ferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Audi tor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in the audit in which expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Govern ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be sub mitted and approved in the same manner and under the same conditions provided herein before for transfers.
(1) For the purpose of this Section, the term "common" object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Publication and Printing, Equipment, 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 of 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 whenever possible and in the event any part of the appropriations provided in the forego ing 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.

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Section 57. Cost-of-Living

$133,545,666

In addition to all other appropriations for the State Fiscal Year ending June 30, 1993,

there is hereby appropriated $133,545,666 for the purposes described herein; (1) for a cost-

of-living salary adjustment of 3.0% for full-time employees of the executive, judicial and

legislative branches of government, including eligible State agency heads, effective July 1,

1992; (2) for a 3.0% cost-of-living salary adjustment for employees of the Board of Regents

effective September 1, 1992, for academic personnel and July 1, 1992 for non-academic

personnel; (3) for a 3.0% cost-of-living adjustment effective July 1, 1992, for a certified

personnel and a 3.0% cost-of-living adjustment effective September 1, 1992 for certificated

personnel for employees of the Department of Technical and Adult Education; (4) for a

3.0% salary adjustment for State-paid school bus drivers and lunchroom workers, effective

July 1, 1992; (5) for a 3.0% increase in the teacher salary schedule in effect for F.Y. 1992

for all certificated public school professional personnel, effective September 1, 1992, which

will increase the T-4 entrance level from $18,541 to $19,097 per year.

Section 58. F.Y. 1993

TOTAL STATE FUND APPROPRIATIONS $8,134,000,000

Section 59. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 60. 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, 1992, and ending June 30, 1993; 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, 1992, and ending June 30, 1993, 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 $8,175,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1993.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: General Assembly..........................................................$
Personal Services - Staff................................................................! Personal Services - Elected
Officials.......................... ...............................................................$ Regular Operating Expenses .........................................................$ Travel- Staff...................................................................................$ Travel - Elected Officials...............................................................$ Capital Outlay .................... ...........................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$

22,621,097 11,356,359 3,580,623 2,630,225
88,600 7,000
0 165,500 481,000
5,000

THURSDAY, MARCH 12, 1992

2497

Telecommunications......................... Per Diem, Fees and Contracts -
Staff................................................. Per Diem, Fees and Contracts -
Elected Officials............................. Photography....................................... Expense Reimbursement Account., Total Funds Budgeted...................... State Funds Budgeted......................

675,000 233,174 2,200,816 65,000 1,132,800 22,621,097 22,621,097

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total

$

3,837,266

$

616,148

$

1,172,805

$

5,626,219

3,837,266 616,148
1,172,805 5,626,219

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

$

8,731,640

$

466,624

$

1,175,255

$

10,373,519

8,731,640 466,624
1,175,255 10,373,519

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$

2,259,079

$

2,132,151

$

898,800

$

1,331,329

$

6,621,359

2,259,079 2,132,151
898,800 1,331,329 6,621,359

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, con sider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Sen ate and the House of Representatives; for Code Revision; for equipment, supplies, furnish ings, repairs, printing, services and other expenses of the Legislative Branch of

2498

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Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits.............................. Operations Budget:
Personal Services........................................................ Regular Operating Expenses.................................... Travel........................................................................... Motor Vehicle Purchases.......................................... Equipment................................................................... Real Estate Rentals................................................... Per Diem, Fees and Contracts ................................. Computer Charges...................................................... Telecommunications .................................................. Total Funds Budgeted............................................... State Funds Budgeted...............................................

15,064,878 12,780,662
386,144 521,650 108,000
9,550 802,995 39,000 311,177 105,700 15,064,878 15,064,878

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court.........................................
Personal Services........................................................ Operating Expenses ................................................... Total Funds Budgeted............................................... State Funds Budgeted...............................................

4,756,766 4,139,471 1,302,295 5,441,766 4,756,766

Section 4. Court of Appeals. Budget Unit: Court of Appeals .....................................
Personal Services........................................................ Operating Expenses ................................................... Total Funds Budgeted............................................... State Funds Budgeted...............................................

5,674,761 4,875,761
849,000 5,724,761 5,674,761

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..............................................

44,577,133 43,100,523
1,775,565 150,112
98,451
1,053,758
7,800
46,186,209 44,577,133

THURSDAY, MARCH 12, 1992
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 of Magistrate Court Judges ........................................................................ Payment to Council of Probate Court Judges ........................................................................ Payment to Council of State Court Judges ........................................................................ Payment to Resource Center................................................. Payment to Computerized Information Network .......................................................... 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..............................................................
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services................................. Administration and Services Budget:
Personal Services..................................................................... Regular Operating Expenses ................................................. Travel........................................................................................ Motor Vehicle Purchases ....................................................... Equipment................................................................................ Computer Charges................................................................... Real Estate Rentals................................................................ Telecommunications ............................................................... Per Diem, Fees and Contracts .............................................. Rents and Maintenance Expense ......................................... Utilities..................................................................................... Payments to DOAS Fiscal

2499 840,398
634,322 498,322 136,000 634,322 634,322 1,992,485 1,117,744 76,500 97,845
26,000 20,000 12,000 240,000 660,000 2,250,089 1,992,485 136,969
33,297,928 45,857,789 11,490,680
258,940 74,480 1,516,525 8,962,845 3,701,067 2,820,365 481,325 10,751,716 38,550

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Administration.............................................................................$ Direct Payments to Georgia
Building Authority for Capital Outlay..............................................................................! Direct Payments to Georgia Building Authority for Operations ....................................................................................$ Telephone Billings ..........................................................................$ Radio 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....................................................................!

2,500,000
0
1,000,000 44,334,000
383,880 16,500,000
300,000 35,825
0 0 0 0 151,007,987 33,297,928

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

419,469 3,396,148 9,924,823 17,040,970 2,797,231
775,134 476,755 46,225,417 3,512,502 55,325,949 6,423,630 1,574,826 1,126,907 1,988,226 151,007,987

419,469 3,363,234 7,424,823
0 2,797,231
0
476,755 12,966,416
0 5,850,000
0 0 0 0 33,297,928

B. Budget Unit: Georgia Building Authority ..................................................................$
Georgia Building Authority Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!

0
18,778,739 5,522,456
0 215,000 176,335
60,800
16,800 122,584 171,000

THURSDAY, MARCH 12, 1992

2501

Capital Outlay............... Utilities ........................... Contractual Expense ... Fuel.................................. Facilities Renovations
and Repairs ................ Total Funds Budgeted.. State Funds Budgeted.,

0 7,466,638
250,000 0 0
32,780,352 0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

1,789,409

$

5,123,835

$

4,377,845

$

5,177,790

$

394,619

$

5,117,849

$

9,159,533

$

1,639,472

$

0

$

32,780,352

Section 12. Agency for the Removal of
Hazardous Materials. 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..................................

98,908

Section 13. 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...........................

32,222,987 28,547,840 3,955,690
900,170 387,363 202,207 315,000 778,070 368,274 166,400 700,000 2,401,191

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Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro........................................
Veterinary Fees................................... 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....................... Total Funds Budgeted....................... State Funds Budgeted.......................

1,742,000 412,000 115,000 184,000
545,000
385,000 0
40,000 0
42,145,205 32,222,987

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

$

4,709,483

$

6,683,156

$

1,780,466

$

3,089,925

$

3,599,021

$

1,460,454

$

2,987,845

$

6,678,550

$

3,980,045

$

4,477,704

$

501,668

$

2,196,888

$

42,145,205

4,373,483
6,427,156 1,731,466 3,089,925 3,199,392 1,460,454 2,970,265
4,615,241 1,627,839
856,878 0
1,870,888 32,222,987

B. Budget Unit: Georgia Agrirama Development Authority.
Georgia Agrirama Development Authority Budget:
Personal Services..................................... Regular Operating Expenses................. Travel........................................................ Motor Vehicle Purchases....................... Equipment................................................ Computer Charges................................... Real Estate Rentals................................ Telecommunications............................... Per Diem, Fees and Contracts .............. Capital Outlay......................................... Goods for Resale..................................... Total Funds Budgeted............................ State Funds Budgeted............................

804,033 169,800
5,864 0
10,755 500 0
7,708 48,081 83,340 95,000 1,225,081
0

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking

THURSDAY, MARCH 12, 1992

2503

and Finance .......................................... Administration and Examination Budget:
Personal Services.......................................................... Regular Operating Expenses...................................... Travel............................................................................. Motor Vehicle Purchases ............................................ Equipment..................................................................... Computer Charges........................................................ Real Estate Rentals..................................................... Telecommunications.................................................... Per Diem, Fees and Contracts ................................... Total Funds Budgeted................................................. State Funds Budgeted.................................................

7,182,118 5,942,956
288,747 318,019 88,792
17,138 235,030 235,800 51,136
4,500 7,182,118 7,182,118

Section 15. Department of Community Affairs. Budget Unit: Department of
Community Affairs.............................. State Operations Budget:
Personal Services.......................................................... Regular Operating Expenses ...................................... Travel............................................................................. Motor Vehicle Purchases ............................................ Equipment..................................................................... Computer Charges........................................................ Real Estate Rentals..................................................... Telecommunications.................................................... Per Diem, Fees and Contracts................................... Capital Felony Expenses............................................. Contracts with Regional
Development Commissions..................................... Local Assistance Grants.............................................. Appalachian Regional Commission
Assessment................................................................ Community Development Block
Grants (Federal) ....................................................... Music Hall of Fame..................................................... Georgia Music Week Promotion ................................ Local Development Fund............................................ Payment to State Housing
Trust Fund................................................................ Payment to Georgia Environmental
Facilities Authority for Operations................................................................. Total Funds Budgeted................................................. State Funds Budgeted.................................................

13,807,317 5,301,802
228,811 145,980 20,000
881 216,498 516,379
42,580
98,300 0
2,272,825 710,000 95,960
30,000,000 110,000 0 750,000
4,625,000
1,255,049 46,390,065 13,807,317

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Government Management Financial Assistance Government Information Rural Development Coordinated Planning Total

$

10,525,273

$

1,143,491

$

31,875,681

$

1,292,746

$

419,350

$

1,133,524

$

46,390,065

9,204,273 1,138,491
899,181 1,242,746
398,350 924,276 13,807,317

Section 16. Department of Corrections.

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JOURNAL OF THE HOUSE,

A. Budget Unit: Administration, Institutions and Probation..........................................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities.............................................................................................? Court Costs.......................................................................................$ County Subsidy...............................................................................? County Subsidy for Jails................................................................$ 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..............................................................$ Total Funds Budgeted....................................................................? Indirect DOAS Funding.................................................................? Georgia Correctional Industries....................................................? State Funds Budgeted....................................................................?

500,185,145 361,152,097 52,317,841
2,265,442 2,903,000 3,842,407 4,548,356 4,765,190 4,116,139 3,902,356
0 14,627,311
546,000 13,870,000 4,117,200
886,000 3,890,500 1,331,940
444,500 1,740,000 29,467,381
50,000
325,000 1,580,200 512,688,860
450,000 0
500,185,145

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

46,702,599 372,682,221 93,304,040 512,688,860

46,200,599 371,464,221 82,520,3.25 500,185,145

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........................................................................? Health Services Purchases.............................................................?

35,344,491
28,539,476 1,236,200 736,315 40,500 139,000 412,500 2,423,000 885,000 307,500 600,000 25,000

THURSDAY, MARCH 12, 1992

2505

Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

35,344,491 35,344,491

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 ...............................................................$ Disaster Relief Payments...............................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

3,813,260 6,133,228 4,169,788
22,460 0
33,300 3,700 4,740 68,500 476,400
0 0 0 0 0 0 10,912,116 3,813,260

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Air National Guard Georgia Army National Guard Total

$

1,252,442

$

3,742,287

$

5,917,387

$

10,912,116

$

1,151,490

$

407,379

!

2,254,391

$

3,813,260

Section 18. 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............................................................................!

2,960,815,370 36,749,349 3,364,914 1,035,393 0 423,424 5,115,625 2,216,959 1,378,457 12,585,215 753,136 284,000 739,091,712 686,907,050 291,752,698 104,349,846 97,422,102 253,601,064

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Gifted................................................... Remedial Education........................... Staff Development and
Professional Development............. Media................................................... Indirect Cost....................................... Pupil Transportation......................... Local Fair Share................................. Mid-Term Adjustment Reserve....... QBE Grants Adjustment................... Textbook - 7 Year Cycle................... Textbook - Increased FTE Counts.. Other Categorical Grants: Equalization Formula........................ Sparsity Grants................................... In School Suspension......................... Special Instructional Assistance ...... Middle School Incentive ................... Special Education Low -
Incidence Grants............................. Non-QBE Grants:
Education of Children of LowIncome Families..............................
Retirement (H.B. 272 and H.B. 1321).............
Instructional Services for the Handicapped............................
Tuition for the Multi-Handicapped........................
Severely Emotionally Disturbed...... School Lunch (Federal)..................... School Lunch (State)......................... Supervision and Assessment of
Students and Beginning Teachers and PerformanceBased Certification......................... Regional 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....................... Child Care Lunch Program (Federal).......................... Chapter II - Block Grant
Flow Through..................................

34,874,240 56,285,297
27,498,741 83,872,656 574,115,766 124,547,423 (594,798,416) 31,694,475
0 (36,920,019)
2,481,096
152,961,185 3,421,565 17,235,316 36,043,301 42,133,221
250,000
94,501,492
3,800,000
23,177,937
2,700,000 34,681,223 113,396,789 23,133,954
1,500,000
6,583,161
2,710,877 16,730,981
3,965,103 2,378,647
0 3,084,680
248,270
10,128,153 4,441,538
874,209 3,764,432
16,787,825
10,026,258

THURSDAY, MARCH 12, 1992

2507

Payment of Federal Funds to Board of Technical and Adult 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) .......................................................................................$ Health Insurance - Non-Cert.
Personnel and Retired Teachers...............................................$ Pre-School Handicapped Program ...............................................$ Mentor Teachers .............................................................................$ Pre-Kindergarten Program ............................................................$ Duty-Free Lunch.............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

11,701,897 2,350,000
400,000 4,638,460 2,700,000
100,000 100,000 345,900 154,000 62,563,069 11,525,312 750,000
0 1,700,000 3,270,370,958
340,000 2,960,815,370

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Services Governor's Honors Program Administrative Services Special Services Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

$

5,204,688

$

21,647,046

$

1,134,867

$

8,915,804

$

10,703,517

$

811,676

$ 3,206,464,486

$

4,694,740

$

6,524,971

$

4,269,163

$ 3,270,370,958

$

4,878,024

$

14,481,828

$

1,021,842

$

5,016,948

$

8,528,252

$

811,676

$ 2,911,465,198

$

4,499,655

$

6,333,684

$

3,778,263

$ 2,960,815,370

Section 19. 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 ........................................................................$ Total Funds Budgeted....................................................................$

250,000 1,652,209
201,300 14,000
0 15,515 328,573 204,000 21,312 914,500
0 3,351,409

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State Funds Budgeted....................................................................$

250,000

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......................................................................! Ware County Grant for Southern
Forest World ................................................................................$ Ware County Grant for Road
Maintenance.................................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

32,256,351 26,635,940 4,864,785
155,845 1,200,000 2,000,000
144,250 46,740 1,032,600 580,875
0 30,000 60,000 200,000 36,951,035 32,256,351

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

$

1,720,819

!

32,800,770

!

2,429,446

!

36,951,035

$

0

!

29,973,215

$

2,283,136

!

32,256,351

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 .................................................................................$ Total Funds Budgeted....................................................................! Total State Funds Budgeted.........................................................!

35,765,075 26,921,348 2,335,370
477,600 596,500 278,200 1,534,500 1,850,192 707,750 603,115 460,500
0 35,765,075 35,765,075

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center

$

3,078,940

$

8,180,747

$

10,734,754

$

6,449,300

$

3,078,940

$

8,180,747

$

10,734,754

$

6,449,300

THURSDAY, MARCH 12, 1992

2509

Forensic Sciences Total

7,321,334 35,765,075

7,321,334 35,765,075

Section 22. 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 and Youth Grants...........................................................$ Juvenile Justice Grants..................................................................$ Payments to Hazardous Waste Management Authority ..............................................................$ Georgia Crime Victims Assistance Program.....................................................................$ Grants to Local Systems................................................................$ Grants - Local EMA.......................................................................$ Grants - Other .................................................................................$ Grants - Civil Air Patrol ................................................................$ Grants - Disaster.............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

23,371,996 12,191,994
807,700 223,531
0 56,398 492,903 968,898 309,458 30,662,736 2,860,400 40,000 3,000,000 152,280 2,629,501 232,211 42,800
0 95,000 1,363,725 518,408 100,000 290,000 1,044,200
0 40,000
0 58,122,143 23,371,996

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 Council Criminal Justice
Coordinating Council Children and Youth
Coordinating Council Human Relations Commission Governor's Commission on Drug
Awareness and Prevention

6,052,680 849,450
5,339,874 3,528,877 2,227,048 29,909,311
242,710 528,540 576,458 1,782,809 209,056 411,445

$

6,052,680

$

739,450

$

5,339,874

$

2,993,199

$

2,227,048

$

290,969

$

90,560

$

528,540

$

345,512

$

502,809

$

209,056

2510

JOURNAL OF THE HOUSE,

Professional Standards Commission
Georgia Emergency Management Agency
Total

2,972,356 3,491,529 58,122,143

2,972,356 1,079,943 23,371,996

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 ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Special Purpose Contracts.............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Institutional Repairs
and Maintenance.........................................................................$ Postage..............................................................................................$ Payments to DMA-Community Care...........................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

564,704,244
67,754,742 3,529,795 1,477,072 863,000 248,872 6,070,511 4,338,305 5,738,797 1,433,738 358,100 15,000,000 39,371,106 89,155 1,670,285 13,213,121
161,156,599 638,300
72,541,160

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Budget Administration Community/Intergovernmental
Affairs Special Projects Office of Children
and Youth Planning Councils Community Services
Block Grant Administrative Policy Administrative Support
Service Facilities Management Administrative Appeals Regulatory Services
Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Child Support Recovery Financial Services

720,010 1,951,749
246,000 495,200
15,000,000 168,971
10,640,890 0
17,110,556 5,161,176 1,743,076
574,146 2,660,527
6,111,570 5,737,762 37,047,715 5,158,880

720,010 1,951,749
246,000 495,200
14,483,767 154,266
0 0
16,144,456 3,621,306 1,743,076
564,146 2,660,527
1,404,580 789,644
3,521,998 4,958,880

THURSDAY, MARCH 12, 1992

Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning
Agency Total

1,826,469 1,820,091
0 391,564 45,151,807 1,438,440 161,156,599

2. Public Health Budget: Personal Services........................................................................ Regular Operating Expenses.................................................... Travel........................................................................................... Motor Vehicle Purchases.......................................................... Equipment................................................................................... Real Estate Rentals................................................................... Per Diem, Fees and Contracts................................................. Computer Charges...................................................................... Telecommunications.................................................................. Crippled Children's Benefits.................................................... Kidney Disease Benefits........................................................... Cancer Control Benefits............................................................ Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants........................................................................... Family Planning Benefits......................................................... Crippled Children's Clinics...................................................... Special Purpose Contracts....................................................... Purchase of Service Contracts ................................................ Grant-In-Aid to Counties......................................................... Postage........................................................................................ Grants for Regional Maternal and Infant Care.................................................... Total Funds Budgeted.............................................................. Indirect DOAS Services Funding........................................... State Funds Budgeted..............................................................

Public Health Functional Budgets

Total Funds

District Health Administration
Newborn Follow-Up Care Dental Health Stroke and Heart
Attack Prevention Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Sexually Transmitted
Diseases Family Planning Malnutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care

10,751,623 911,270
1,344,050 2,060,103 3,266,262 2,661,995 3,613,528 9,185,002 66,930,133 49,927,448 12,353,847 2,928,383 1,420,840

2511 1,826,469 1,820,091 (7,101,852)
391,564 20,766,843
1,378,440 72,541,160 45,061,069 69,404,346
890,647 40,000 91,419 1,088,038 3,803,819 578,771 690,957 7,739,825 308,000 2,928,130
950,000 515,602 640,000 654,009 10,307,099 71,115,039 133,366 747,761 217,687,897 549,718 113,431,220

State Funds

$

10,621,948

$

720,299

$

1,133,875

$

1,530,103

$

2,955,804

$

2,661,995

$

294,252

$

5,391,916

$

0

$

42,696,942

$

7,894,471

$

1,871,835

$

1,287,980

2512

JOURNAL OF THE HOUSE,

Epidemiology Immunization Community Tuberculosis
Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Employees' Health Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management Aids Vaccines Total

1,039,300 723,071
3,000,912 4,558,557 2,878,423 2,116,213 1,112,176
592,235 4,018,594
799,461 317,543 914,796 1,726,211 810,801 913,705 5,233,711 3,068,215 346,347 6,208,725 9,954,417 217,687,897

789,861 0
2,589,595 3,287,301 1,609,858 1,005,573 1,112,176
592,235 3,823,585
602,236 167,543 782,796 1,509,711 587,983 739,788 5,113,711 1,221,491 257,710 2,789,767 5,786,880 113,431,220

3. Rehabilitation Services Budget: Personal Services............................. Regular Operating Expenses......... Travel................................................ Motor Vehicle Purchases ............... Equipment........................................ Real Estate Rentals ........................ Per Diem, Fees and Contracts...... Computer Charges........................... Telecommunications ....................... Case Services.................................... E.S.R.P. Case Services.................... Special Purpose Contracts............. Purchase of Services Contracts..... Institutional Repairs and Maintenance ......................... Utilities............................................. Postage.............................................. Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

61,906,263 10,416,531
800,674 45,100 329,182 3,035,581 4,930,167 1,719,009 1,456,893 17,377,092 27,000 593,500 7,497,855 139,000 892,620 510,068 111,676,535 100,000 19,158,641

Rehabilitation Services Functional Budgets

Total Funds

State Funds

District Field Services Independent Living Bobby Dodd Workshop Sheltered Employment Community Facilities State Rehabilitation
Facilities Diversified Industries
of Georgia Program Direction

36,092,963 583,341 494,120
1,592,976 6,712,498
6,869,515
683,731

$

7,129,110

$

380,053

$

164,864

$

784,976

$

2,816,658

$

1,373,903

THURSDAY, MARCH 12, 1992

and Support Grants Management Disability Adjudication Georgia Factory for
the Blind Roosevelt Warm Springs
Institute Total

3,529,026 602,613
23,598,633
11,553,741
19,363,378 111,676,535

4. Family and Children Services Budget:
Personal Services............................. Regular Operating Expenses......... Travel................................................ Motor Vehicle Purchases............... Equipment........................................ Real Estate Rentals........................ Per Diem, Fees and Contracts...... Computer Charges........................... Telecommunications....................... Children's Trust Fund.................... Cash Benefits................................... Special Purpose Contracts............. Service Benefits for Children........ Purchase of Service Contracts ...... Postage .............................................. Grants to County DFACS -
Operations.................................... Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

Family and Children Services Functional Budgets

Total Funds

Director's Office Social Services Program Support Administrative Support Regional Administration Public Assistance Management Information
Systems AFDC Payments SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations
Eligibility County DFACS Operations
Social Services Food Stamp Issuance County DFACS Operations
Homemakers Services County DFACS Operations
Joint and Administration County DFACS Operations

673,494 2,511,665 3,011,479 5,078,810 3,187,489 4,080,623
19,624,402 493,656,745
100 2,799,421 8,665,581
96,401,567
71,580,285 2,769,480
7,059,985
46,997,185

2513
1,265,027 602,613 0
753,849
3,887,588 19,158,641
12,829,448 1,480,912
371,633 0
65,110 246,861 4,204,544 16,974,103 1,399,360 1,126,134 504,267,847 3,673,926 96,250,645 5,327,136 2,175,205
228,157,480 878,550,344
2,330,757 359,573,223

State Funds

$

673,494

$

2,511,665

$

2,844,080

$

3,984,341

$

3,187,489

$

2,258,214

$

8,365,425

$

187,540,065

$

100

$

0

$

0

$

48,032,080

$

24,372,361

$

0

$

1,629,058

$

21,349,095

2514

JOURNAL OF THE HOUSE,

Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost Total

6,118,458 15,302,653 1,331,734 33,034,023 5,524,936 1,284,414 6,453,207 39,025,289
0 144,817 982,316 1,250,186
0 878,550,344

Budget Unit Object Classes: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Crippled Children's Benefits .........................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................$ Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants................................................................................$ Family Planning Benefits ..............................................................$ Case Services....................................................................................$ E.S.R.P. Case Services....................................................................$ Crippled Children's Clinics............................................................$ Children's Trust Fund....................................................................$ Cash Benefits...................................................................................$ Special Purpose Contracts.............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties...............................................................$ Institutional Repairs and Maintenance .........................................................................$ Utilities .............................................................................................$ Postage..............................................................................................$ Payments to DMA-Community Care...........................................$ Grants for Regional Maternal and Infant Care ...........................................................................$ Grants to County DFACS Operations ....................................................................................$

B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions...............................................................$
Departmental Operations: Personal Services.............................................................................$

2,314,164 5,973,325
976,046 22,689,287 4,376,134 1,259,337 4,530,793 14,915,359
0 144,817 958,714 1,250,186 (6,562,406) 359,573,223 187,551,522 84,831,584 3,540,026 948,100 734,583 10,440,991 17,276,835 25,010,680 4,980,948 7,739,825 308,000 2,928,130
950,000 515,602 17,377,092 27,000 640,000 1,126,134 504,267,847 5,279,535 111,250,645 62,503,196 71,115,039 228,155 892,620 4,488,924 13,213,121 747,761 228,157,480
484,233,642 389,576,580

THURSDAY, MARCH 12, 1992

2515

Regular Operating Expenses......... Travel ................................................ Motor Vehicle Purchases............... Equipment........................................ Computer Charges........................... Real Estate Rentals........................ Telecommunications ....................... Per Diem, Fees and Contracts...... Utilities............................................. Authority Lease Rentals ................ Institutional Repairs and
Maintenance................................. Grants to County-Owned
Detention Centers....................... Substance Abuse
Community Services................... Mental Retardation
Community Services................... Mental Health
Community Services................... Community Mental Health
Center Services............................ Special Purpose Contract............... Service Benefits for Children........ Purchase of Service Contracts ...... Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

40,670,588 1,061,500 642,800 2,150,491 4,215,551 1,278,654 3,055,409 6,692,743 13,785,300 714,900 2,251,302 2,540,400 40,252,100 92,395,007 19,828,300 55,487,903 272,118 5,059,773 157,311
682,088,730 2,404,100
484,233,642

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Brook Run 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

40,443,510 31,394,627 30,731,668 23,911,727 29,586,193 29,253,507 132,119,911 24,409,694 45,429,579 22,551,901
3,407,887 10,155,900 4,654,229 69,630,766

24,396,163 11,362,527 24,436,064 20,615,353 21,682,540 19,842,978 76,652,891 19,479,220 23,323,279 17,539,875 2,567,993 9,979,592 2,806,332 41,894,766

2516

JOURNAL OF THE HOUSE,

Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/ Interstate Compact Assessment and Classification Youth Services Administration Total

19,492,100
729,221 501,300 1,071,200 55,487,903 375,800 1,388,397 276,400 336,200 3,953,600 17,283,141
90,900 9,168,527 19,774,177 10,316,318 7,022,679 4,428,575 4,474,592 14,124,825 2,966,806
874,259 753,574 5,837,590 827,929 405,748 2,445,870 682,088,730

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............................................... 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............................................

17,416,796
701,221 501,300 1,071,200 46,454,362 375,800 1,192,897 276,400 336,200 3,953,600 17,283,141
90,900 6,051,403 19,154,177 9,940,618 6,936,679 3,807,581 3,873,193 14,124,825 2,966,806
874,259 753,574 5,837,590 827,929 405,748 2,445,870 484,233,642
15,959,197 7,704,316 1,353,093
302,303 66,000 53,769 109,912 929,643 211,076 475,691 129,500 4,378,894 1,445,000

THURSDAY, MARCH 12, 1992

2517

Historic Chattahoochee Commission Contract..................................................................$
Georgia Council for International Visitors..................................................................$
Waterway Development in Georgia..........................................................................................$
Contract - Georgia Association of Broadcasters ............................................................................$
Southern Center for International Studies ..................................................................$
Lanier Regional Watershed Commission ..................................................................................$
Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

0 0 0 0 0 0 0 17,159,197 15,959,197

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

4,302,490

$

5,431,645

$

7,425,062

$

17,159,197

$

3,482,490

$

5,271,645

$

7,205,062

$

15,959,197

Section 25. 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......................................................! Health Care Utilization Review....................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

14,450,121 11,227,290
706,912 467,236 40,500 330,880 1,118,218 713,542 286,025 165,000
0 15,055,603 14,450,121

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

$

4,847,280

$

5,303,786

$

545,713

$

4,358,824

$

15,055,603

$

4,847,280

$

5,303,786

$

545,713

$

3,753,342

$

14,450,121

Section 26. Department of Labor. Budget Unit: Department of Labor....................................................$ State Operations:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$

6,443,059 62,551,346 5,176,334
1,060,000 0

2518

JOURNAL OF THE HOUSE,

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....................................................................!

470,063 3,812,046 1,379,108 1,263,770 67,239,698 2,870,657
0 1,774,048 2,130,000 149,734,513 6,443,059

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices/ Administrative Services
Employment and Training Services
Total

22,535,730 127,198,783 149,734,513

3,736,974 2,706,085 6,443,059

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 .................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8,598,937 7,776,566
425,745 111,057
0 11,030 264,533 462,926 102,080 60,000 110,000 9,323,937 8,598,937

Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Medicaid Benefits, Penalties
and Disallowances.......................................................................! Payments to Counties for
Mental Health..............................................................................! Audit Contracts...............................................................................! SFY 1992 Medicaid Benefits,
Penalties and Disallowances......................................................! Total Funds Budgeted....................................................................!

940,254,515 12,283,598 573,421 104,200 0 48,176 17,276,354 935,973 401,058 59,135,698
2,392,642,745 43,767,828 772,500 183,762,790
2,711,704,341

THURSDAY, MARCH 12, 1992

2519

State Funds Budgeted....................................................................$

940,254,515

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties
and Disallowances Community Services Systems Management Professional Services Program Compliance Institutional Policy
and Reimbursement Maternal and Child Health Total

$

55,282,777

$ 2,620,173,363

$

1,025,713

$

19,126,049

$

1,866,881

$

4,626,462

$

9,205,510

$

397,586

$ 2,711,704,341

$

2,702,664

$ 924,237,115

$

338,485

$

5,841,095

$

772,142

$

1,758,519

$

4,481,243

$

123,252

$ 940,254,515

Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ........................................................$ Departmental Operations Budget: Personal Services ...................................................................................$
Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................$ Other Agency Funds.......................................................................$ Agency Assessments........................................................................$ Employee and Employer
Contributions ...............................................................................$ Deferred Compensation..................................................................$ State Funds......................................................................................$
Merit System Functional Budgets

0 7,248,592 1,647,552
81,440 37,805 912,524 92,046,066 3,301,123 283,826 701,835,729 807,394,657 47,000 9,484,967 797,730,746 131,944
0

Total Funds

State Funds

Commissioner's Office Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Total

$

1,594,791

$

0

$

2,659,945

$

0

$

1,229,462

$

0

$

1,240,213

$

0

$

1,238,188

$

0

$

27,234,367

$

0

$ 769,635,934

$

0

$

2,561,757

$

0

$ 807,394,657

$

0

Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................$ Operations Budget:
Personal Services.............................................................................$

60,099,759 59,132,980

2520

JOURNAL OF THE HOUSE,

Regular Operating Expenses........... Travel.................................................. Motor Vehicle Purchases................. Equipment.......................................... Real Estate Rentals.......................... Per Diem, Fees and Contracts........ Computer Charges............................. Telecommunications......................... Authority Lease Rentals.................. Advertising and Promotion.............. Cost of Material for Resale ............. Capital Outlay: New Construction.............................. Repairs and Maintenance................ Land Acquisition Support............... Wildlife Management Area Land
Acquisition...................................... Shop Stock - Parks........................... User Fee Enhancements................... Buoy Maintenance............................ Waterfowl Habitat............................ Paving at State Parks and
Historic Sites.................................. Grants:
Land and Water Conservation ........ Environmental Facilities.................. Historic Preservation........................ Recreation........................................... Contracts: Georgia Special Olympics................ Georgia Sports Hall of Fame........... Technical Assistance Contract ........ Corps of Engineers (Cold Water
Creek State Park).......................... Georgia Rural Water
Association...................................... Georgia State Games Commission.. U. S. Geological Survey for
Ground Water Resources............. U.S. Geological Survey for
Topographic Mapping.................. Payments to Georgia Agricultural
Exposition Authority.................... Georgia Boxing Commission............ Total Funds Budgeted...................... Receipts from Jekyll Island
State Park Authority.................... Receipts from Stone Mountain
Memorial Association ................... Indirect DOAS Funding................... State Funds Budgeted......................

11,770,303 414,234
1,758,257 2,313,179 4,204,903 1,340,506
807,250 1,056,308
147,440 150,000 2,450,000 582,584 2,321,000 225,000 585,000
300,000
1,249,000 30,000 0
400,000
800,000 0
239,112 0
50,000 0
108,687 185,000 10,000 88,172
300,000
0
2,360,275 5,000
95,384,190 314,594
2,122,585 200,000
60,099,759

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and

6,791,397

2,405,249

THURSDAY, MARCH 12, 1992

2521

Historic Sites Coastal Resources Game and Fish Environmental Protection Total

$

34,973,036

$

1,692,529

$

28,449,879

$

23,477,349

$

95,384,190

$

18,179,236

$

1,586,029

$

24,222,727

$

13,706,518

$

60,099,759

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................$
Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

0 1,595,002 1,245,998
21,450 0
85,000 29,000
0 29,000 513,000
0 3,518,450
0

Functional Budget

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

3,518,450

$

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 ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! State Patrol Posts Repairs
and Maintenance.........................................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

82,974,748
46,152,620 6,793,660
113,000 2,729,000
654,520 0
7,735 602,000 194,150
150,000 0
57,396,685 150,000
57,246,685

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..!...................................................!

18,270,538 1,928,201
22,000 25,000 155,700 4,507,000 39,600 590,000 85,350

2522

JOURNAL OF THE HOUSE,

Capital Outlay............................... Conviction Reports....................... State Patrol Posts Repairs
and Maintenance....................... Driver License Processing............ Total Funds Budgeted.................. Indirect DOAS Service Funding. State Funds Budgeted..................

236,674 290,000 30,000 1,048,000 27,228,063 1,500,000 25,728,063

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

11,368,355

$

27,228,063.

$

46,028,330

$

84,624,748

11,368,355 25,728,063 45,878,330 82,974,748

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 ......................................................I Peace Officers Training Grants ....................................................$ Capital Outlay .......................,.........................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$

12,811,402
6,822,185 2,635,118
93,200 0
102,220 385,000 100,821 143,000 594,635 2,909,356
0 13,785,535 12,515,473

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....................................................................!

388,338
28,342 9,828
0 300 37,300 75,078 3,670 18,800 3,500,000 4,061,656 295,929

Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firefighters

4,061,656
4,842,817 822,679
1,054,318

$

295,929

!

4,842,817

$

656,019

!

974,318

THURSDAY, MARCH 12, 1992

2523

Standards and Training Council Organized Crime Prevention Council Georgia Public Safety Training Facility Total

400,446 0
6,665,275 17,847,191

400,446 0
5,641,873 12,811,402

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....................................................................$

9,622,000 472,000
9,150,000 9,622,000 9,622,000

Section 33. Public Service Commission. Budget Unit: Public Service
Commission..............................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

8,410,886 6,226,564
387,583 165,442 133,328 10,682 400,600 321,189 122,366 2,098,115 9,865,869 8,410,886

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,563,784 3,071,754 5,230,331 9,865,869

1,563,784 1,730,493 5,116,609 8,410,886

Section 34. 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............................................................................$

792,922,841
862,442,173 110,000,000 208,908,508 125,000,000
5,625,000 299,816 325,712 284,292

2524

JOURNAL OF THE HOUSE,

Research Consortium......................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? Departmental Income.....................................................................$ Sponsored Income ...........................................................................$ Other Funds .....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................?

1,550,000 0
1,314,435,501 31,000,000 235,000,000 252,485,360 3,027,300 792,922,841

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..................................................................? Mercer Medical School Grant.......................................................? 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.......................................................................? Direct Payments to the Georgia
Public Telecommunications Commission for Operations........................................................? Total Funds Budgeted....................................................................? Departmental Income.....................................................................? Sponsored Income...............................,...........................................? Other Funds.....................................................................................? Indirect DOAS Services Funding .................................................? State Funds Budgeted....................................................................?

136,459,453
223,846,444 67,118,788 97,755,085 37,302,065
0 1,855,251 1,398,244 2,635,415 2,439,285
149,391 5,300,000
704,131 8,248,050 1,033,526
564,000 188,000 801,416 211,000
6,206,749 457,756,840
0 105,270,458 215,471,229
555,700 136,459,453

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center
Skidaway Institute of Oceanography

1,712,273 3,547,055

1,175,485 1,361,527

THURSDAY, MARCH 12, 1992

2525

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

1,307,982 126,769,584
7,167,438 47,834,496 41,428,345 184,829,258 2,428,334
2,304,997 11,167,333 2,275,827 3,230,554 21.753,364 457,756,840

857,259 11,785,853 1,873,700 30,973,984 24,792,533 27,836,373 2,428,334
453,708 11,167,333
0 0 21,753,364 136,459,453

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Public Telecommunications Commission Budget:
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted...............................................................,....$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................?

0 6,659,465 7,672,891 14,332,356 14,332,356
0

Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? County Tax Officials/Retirement
andFICA......................................................................................? Grants to Counties/Appraisal
Staff...............................................................................................? Motor Vehicle Tags and Decals....................................................? Postage..............................................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted.............................................................,......?

74,078,207 49,820,894 4,285,959
1,345,175 68,500 471,324
8,078,702 2,586,528
737,411 296,243 4,550,926
0 2,439,610 3,365,844 78,047,116 3,845,000 74,078,207

Department of Revenue Functional Budgets

Total Funds

State Funds

2526

JOURNAL OF THE HOUSE,

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Total

7,025,846 10,349,576 5,040,980 17,838,029 7,689,126 14,358,893 7,122,124 3,361,676 5,214,014
46,852 78,047,116

7,025,846 10,149,576 4,822,980 17,538,029 6,732,126 12,726,893 7,122,124 3,156,767 4,757,014
46,852 74,078,207

Section 36. Secretary of State. Budget Unit: Secretary of State.......
Personal Services........................... Regular Operating Expenses....... Travel.............................................. Motor Vehicle Purchases ............. Equipment...................................... Computer Charges......................... Real Estate Rentals..................... Telecommunications .................... Per Diem, Fees and Contracts... Election Expenses........................ Total Funds Budgeted................. State Funds Budgeted.................

21,959,153 14,620,968 2,148,936
176,350 305,000 184,767 839,815 2,277,620 303,710 776,987 825,000 22,459,153 21,959,153

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

$

3,158,537

$

4,378,361

$

4,320,030

$

1,579,835

$

975,977

$

273,345

$

7,773,068

$

22,459,153

3,018,537 4,303,361 4,225,030 1,543,835
921,977 273,345 7,673,068 21,959,153

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 ............................

1,686,048 959,024 153,500 15,000 11,000 12,000 263,074 113,700 24,000 134,750
1,686,048 1,686,048

Real Estate Commission Functional Budget

Cost of

State Funds

Operations

THURSDAY, MARCH 12, 1992

2527

Real Estate Commission

1,686,048

1,726,048

Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water
Conservation Commission.................................. Soil and Water Conservation Budget:
Personal Services.......................................................................... Regular Operating Expenses ...................................................... Travel............................................................................................. Motor Vehicle Purchases............................................................ Equipment..................................................................................... Computer Charges........................................................................ Real Estate Rentals..................................................................... Telecommunications.................................................................... Per Diem, Fees and Contracts................................................... County Conservation Grants...................................................... Total Funds Budgeted................................................................. State Funds Budgeted.................................................................

1,538,311 890,115 115,115 55,850 0 12,375 7,250 56,597 17,520 711,914 288,000
2,154,736 1,538,311

Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission.......................................................... Administration Budget:
Personal Services.......................................................................... Regular Operating Expenses...................................................... Travel............................................................................................. Motor Vehicle Purchases............................................................ Equipment..................................................................................... Computer Charges........................................................................ Telecommunications.................................................................... Per Diem, Fees and Contracts................................................... Real Estate Rentals..................................................................... 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.................................................................

24,189,846 4,505,447
400,161 81,800
0 19,000 371,000 147,000 38,000 24,763
0 4,076,000 16,085,866 4,803,940
38,000 85,000 160,000 501,740 425,000 31,762,717 24,189,846

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Nonpublic Postsecondary
Education Commission

0 0 23,702,804 487,042

2528

JOURNAL OF THE HOUSE,

Total

31,762,717

24,189,846

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....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

3,850,000 3,191,881
320,500 26,650 3,200 944,361 320,000 66,514
340,000
3,200,000 650,000
9,063,106 3,850,000

Section 40. Department of Technical and
Adult Education. Budget Unit: Department of Technical
and Adult Education..............................................! Department of Technical and Adult Education Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Personal Services-Institutions.......................................................! Operating Expenses-Institutions...................................................! Capital Outlay .................................................................................$ Quick Start Program ............................................,.........................! Area School Program......................................................................! Regents Program.............................................................................! Adult Literacy Grants..........................................,.........................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

118,748,512 3,435,424 345,744 104,750 0 13,000 391,822 454,619 165,000 808,500 82,427,228 18,561,269 0 5,839,523 23,154,404 2,570,332 9,866,035
148,137,650 118,748,512

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

5,718,859 142.418,791 148,137,650

!

3,911,064

! 114,837,448

$ 118,748,512

Section 41. Department of Transportation. Budget Unit: Department of
Transportation .............................. For Public Roads and Bridges and for other transportation activities.

422,550,909

THURSDAY, MARCH 12, 1992

2529

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 .................................................................................$ 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....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

226,249,593 59,057,402
1,555,799 822,000
5,187,002 5,088,058 1,307,274 2,406,075 11,922,705 687,761,072
900,335 850,000 9,342,544 750,000
0 1,013,199,859
422,550,909

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

734,931,352 229,842,531
8,689,580 22,696,537 $ 996,160,000

$ 167,091,352

$ 218,442,531

$

8,039,580

$

22,116,537

$ 415,690,000

General Funds Budget

Total Funds

State Funds

Paving at State and Local Schools and State Institutions
Air Transportation Inter-Modal Transfer
Facilities Harbor Maintenance
Activities Total

0 1,540,163 14,749,696
750,000 17,039,859

0 1,180,163 4,930,746
750,000 6,860,909

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..................................................

20,893,550 4,290,331
109,725 63,200
0 83,100 8,800 233,487 55,500

2530

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts..... 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...................

23,000 15,041,016 5,958,022
179,000 26,045,181 20,893,550

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

4,795,643 15,173,516 6,076,022 26,045,181

4,591,660 11,854,352 4,447,538 20,893,550

Section 43. 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......................................................! Payments to State Treasury..........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9,279,462 6,548,760
308,220 64,750
0 8,958 186,610 932,964 105,000 239,200 1,000,000 9,394,462 9,279,462

Section 44. State of Georgia General
Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia
General Obligation Debt Sinking Fund State General Funds (Issued)...............................! Motor Fuel Tax Funds (Issued) ...........................$

293,435,090 68,310,000 361,745,090

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ..................................$ Motor Fuel Tax Funds (New)..............................!

33,979,833 0
33,979,833

Section 45. Provisions Relative to Section 3, Supreme Court. The appropri ations 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

THURSDAY, MARCH 12, 1992

2531

as required by Code Section 50-18-31, and including Georgia's pro rata share for the oper ation of the National Center for State Courts.
Section 46. Provisions Relative to Section 4, Court of Appeals The appro priations 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 appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior 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 Sec tion 15-5-2, for the latter of which funds shall be allocated to the ten administrative dis tricts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 48. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 49. Provisions Relative to Section 7, Institute of Continuing Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 50. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 51. Provisions Relative to Section 11, Department of Administrative Services. It is the intent of this General Assembly that the Department of Admin istrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
Section 52. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities.
Section 53. Provisions Relative to Section 15, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Section 54. Provisions Relative to Section 16, Department of Corrections. It is the intent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded probation positions and related costs.

2532

JOURNAL OF THE HOUSE,

It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991 when possi ble.
Provided, that the Department shall require the same qualifications for contract chap lains as that for classified merit system positions with the same job duties.
Section 55. Provisions Relative to Section 18, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,616.56 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 1993.
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 dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria 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 1993 on the basis of one eighteenth 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 1993 that it contributed during SFY 1992.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information sys tem and the electronic information network are considered to be for the same purpose.
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.
Provided, that of the above appropriation relative to Staff Development/Professional Development, $100,000 is designated and committed for the purpose of School Board Training.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and mid dle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools.
It is the intent of this General Assembly that the services currently provided by the Regional Directors to local schools be continued by the Department of Education in any reorganization plan. The General Assembly intends to review the Department's reorganiza tion of regional services prior to and during the 1992 regular session.

THURSDAY, MARCH 12, 1992

2533

Section 56. There is included in this appropriations bill funding for HB 37, HB 38 and HB 41.

Section 57. Provisions Relative to Section 20, Forestry Commission. It is the intent of the General Assembly that the Walker Nursery remain open.
It is the intent of the General Assembly that the Forestry Commission continue com piling, publishing and distribution of the Georgia Forestry Magazine and Wood Using Industries in Georgia publications.

Section 58. Provisions Relative to Section 22, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than Departmental internal forms.

Section 59. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 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 each MH-MR-SA institution for fiscal year 1993 that was authorized in fiscal year 1987.
Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease. The Department is authorized to utilize troubled children's benefits to expand community placements in order to secure additional federal Medicaid funding.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis.
The Department is authorized to expend funds on the following programs in Fiscal Year 1993 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Continuum for Juvenile Offenders. Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served

2534

JOURNAL OF THE HOUSE,

in the least restrictive community setting possible in lieu of a state mental retardation hos pital and that existing funds appropriated herein for mental retardation hospitals be uti lized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting.
It is the intent of this General Assembly that no funds directed to the Department of Veterans Services for payments to Central State Hospital shall be redirected or used by the Department of Human Resources for any function other than the Veterans Nursing Home at Central State Hospital.
Provided, the department is authorized to transfer Personal Services surpluses, not to exceed $275,000 at each of the MH/MR/SA institutions to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval.
Section 60. Provisions Relative to Section 28, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department of Medical Assistance is authorized to use existing funds to adjust dispensing fees on high-cost drugs.
Section 61. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $155.00 per merit system budgeted position for the cost of departmental operations.
Section 62. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated 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.
Provided that of the funds appropriated herein for Historic Preservation Grants, dis tribution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991.
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 Office of Planning and Budget is authorized to use 50 percent of the excess receipts to supplant State funds and 50 percent may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to reve nues collected from a state parks parking pass implemented by the Department.
Section 63. Provisions Relative to Section 31, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accordance with the Rules and Regulations issued by the Commissioner of Public Safety.
Section 64. Provisions Relative to Section 34, Board of Regents, University System of Georgia. 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 65. Provisions Relative to Section 36, Secretary of State. Pro vided, that of the funds appropriated for Occupational Certification, $60,000 is authorized for board member participation at conferences related to professional regulation.
Section 66. Provisions Relative to Section 40, Department of Technical and Adult Education. None of the State funds appropriated in Section 40 may be used

THURSDAY, MARCH 12, 1992

2535

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 67. Provisions Relative to Section 41, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years 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 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 sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department-owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities. In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maxi mum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $484,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assist ance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obli gation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
The Department is authorized to use federal funds to match bond proceeds to acquire additional railroad lines.
Section 68. In addition to all other appropriations for the State fiscal year ending June 30, 1993, 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 $9,320,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental

2536

JOURNAL OF THE HOUSE,

health/mental retardation institutions ($9,200,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 69. 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 70. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and costeffective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, 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 com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles 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 com pliance with the intent of this General Assembly.
Section 71. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 72. 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 73. 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

THURSDAY, MARCH 12, 1992

2537

to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 74. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 75. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 76. (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 1992 Regular Session, except as 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 appropri ation 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 con sider said transfers. This Section shall apply to all funds of each budget unit from what ever 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, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 77. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing 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 78. 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

2538

JOURNAL OF THE HOUSE,

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 79. In addition to all other appropriations for State Fiscal Year 1993, there is appropriated the sum of $38,115,610 for the purposes of making adjustment to agency appropriations for ERS employer contribution rate, employer health insurance rate and implementation of House Bill 1596.

Section 80. 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.

A.) Maturities not to exceed two hundred forty months:

Project/ Purpose

Principal Amount

Debt Service

Major repairs and renovation at Board of Regents facilities
Construction projects for Board of Regents
Construction of facilities, land acquisition, design and equipment purchases for Technical and Adult Education
Purchase of land for West Georgia Reservoir - Natural Resources
Mountain Park in Towns County Natural Resources
Deepening of the Savannah Harbor - Georgia Ports Authority (Industry, Trade and Tourism)
Complete Container Berth 6 at Garden City Terminal - Georgia Ports Authority (Industry, Trade and Tourism)
Upgrading two container cranes, paving and constructing new interchange gates - Georgia Ports Authority (Industry, Trade and Tourism)
Acquisition of land for construction of student housing at Georgia Tech
Dike construction in the Savannah Harbor - Department of Transportation
Capital Outlay funding to meet federal matching requirements on various federal aid highway projects - Department of Transportation
Purchase of railroad line Department of Transportation

25,205,000 73,870,000
27,900,000 5,500,000 4,500,000 32,480,000
9,065,000
14,530,000 3,500,000 7,000,000
71,000,000 7,100,000

2,333,983 6,840,362
2,583,540 509,300 416,700
3,007,648
839,419
1,345,478 324,100 648,200
6,574,600 657,460

THURSDAY, MARCH 12, 1992

2539

Preservation 2000 land acquisition program - Natural Resources
Boot camps construction in Mitchell, Lanier and Emanuel counties - Corrections
Construction projects for Correctional facilities in Calhoun, Dooly, Macon, Pulaski, Tattnall and Wilcox counties Corrections
Renovations at the Atlanta Farmers Market - Agriculture
Purchase of office equipment Human Resources
Construct Commercial Drivers License Facility - Public Safety
Acquisition and installation of exterior lights for institutions Corrections
Planning funds for a laboratory at Northwest Regional Hospital

20,000,000 3,600,000
4,000,000 1,250,000 10,200,000
475,000 2,500,000
280,000

1,852,000
333,360
370,400 115,750 944,520 43,985 231,500 25,928

B.) Maturities not to exceed sixty months:

Purchase of vocational education equipment - Education
Expansion of student information system - Education
Repairs and maintenance of facilities and purchase of equipment - Technical and Adult Education
Development of Revenue Integrated Tax System

4,000,000 3,200,000
8,500,000 3,600,000

948,000 758,400
1,422,000 853,200

Section 81. Cost-of-Living In addition to all other appropriations, there is hereby appropriated $106,810,910 for the following purposes: 1.) An increase of 2.5% for full-time employees of the Executive, Judicial and Legislative branches of State government, effec tive September 1, 1992; 2.) For teachers, public librarians, and other instructional and sup port personnel, an increase from $18,541 to $19,005 for the T-4 entrance level, effective September 1, 1992; 3.) For school bus drivers and lunchroom workers, a 2.5% increase, effective September 1, 1992; 4.) For University System employees, a 2.5% salary increase to be effective September 1, 1992, for academic contracted personnel, a 2.5% salary increase, effective September 1, 1992, for non academic personnel and fiscal year con tracted personnel of the University System and employees of the Athens and Tifton Veter inary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; 5.) An increase of 2.5% for State officials whose salary is set by Act 755 (HB 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.

Section 82. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1992...............................

8,175,000,000

Section 83. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

2540

JOURNAL OF THE HOUSE,

Section 84. 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 1261, designating Representative Coleman of the 118th as Chairman thereof.
The Speaker called the House to order. The Committee of the Whole arose and through its Chairman reported HB 1261 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

Representative Orr of the 9th moves to amend the Appropriations Committee substi tute to HB 1261:

(Removing from) the State funds budgeted for the Department of Corrections Budget Unit on Page 14, line 9 in Section 16 the figure $7,000,000. And by (Decreasing) the object classes for the Department of Corrections Activity as listed below:

Page Line & Page Line Object Classes

14

10

__

__

__

__

__

__

__

_ _ Personal Services

$ (7,000,000)

_ _ Regular Operating Expenses

$

_ _ Travel

$

_ _ Motor Vehicle Equipment Purchases $

_ _ Publications and Printing

$

_ _ Equipment Purchases

$

_ _ Per Diem, Fees and Contracts

$

_ _ Computer Charges

$

Real Estate Rentals

$

15 _5 15 _8 __ __

15 12 Total Funds Budgeted 15 12 State Funds Budgeted _ _ Positions _ _ Passenger-carrying Vehicles

$ (7,000,000) $ (7.000,000) $ $

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Abernathy N Adams N Aiken
Alford N Ashe N Atkins N Baker N Balkcom
Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick N Branch N Breedlove

Y Brooks N Brown N Brush N Buck N Buckner N Byrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers N Clark.E N Clark.L N Coker N Coleman N Colwell N Connell

N Culbreth N Cummings.B
Cummings.M N Davis.D N Davis.G N Davis,M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton N Fennel N Floyd,J.M N Floyd,J.W N Flynt N Godbee N Golden N Goodwin

E Green N Greene N Griffin N Groover N Hamilton N Hammond N Hanner N Harris.B N Harris.J N Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones

N Kilgore N King N Kingston N Klein N Ladd N Lane.D N Lane.R E Langford N Lawrence Y Lawson N Lee N Long N Lord N Lucas N Mann N Martin N McBee N McCoy N McKelvey N McKinney.B Y McKinney.C

THURSDAY, MARCH 12, 1992

2541

Y Meadows N Merritt N Milam N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M YOrr N Orrock N Padgett N Parham

N Parrish N Patten
Pelote N Perry N Pettit N Pinholster N Pinkston NPoag N Porter N Poston N Powell.A N Powell.C N Presley N Purcell N Randall

N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper 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 Streat N Taylor N Teper N Thomas,C N Thomas.M N Thomas.N N Thurmond N Titus N Tolbert Y Townsend N Turnquest

On the adoption of the amendment, the ayes were 6, nays 164. The amendment was lost.

N Twiggs N Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts
White N Wilder N Williams.B
Williams.J N Williams.R N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Orr of the 9th moves to amend the Appropriations Committee substi tute to HB 1261:

(Removing from) the State funds budgeted for the St. of GA. General Obligation Debt Sinking Fund Budget Unit on Page 58, line 13 in Section 44 the figure $6,574,600. And by (Decreasing) the object classes as listed below:

Page Line & Page Line Object Classes

__ __ __ __ __ __ __ __

58

13

58

15

_ _ Personal Services

$

_ _ Regular Operating Expenses

$

_ _ Travel

$

_ _ Motor Vehicle Equipment Purchases $

_ _ Publications and Printing

$

_ _ Equipment Purchases

$

_ _ Per Diem, Fees and Contracts

$

_ _ Computer Charges

$

Real Estate Rentals

$

State General Funds

$ (6,574,600)

$ (6,574,600)

Total Funds Budgeted

State Funds Budgeted

Positions

Passenger-carrying Vehicles

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams N Aiken
Alford N Ashe N Atkins N Baker N Balkcom
Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield

N Birdsong N Bliteh N Bordeaux N Bostick N Branch N Breedlove Y Brooks
Brown N Brush NBuck N Buckner N Byrd N Campbell N Canty N Carrell

N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers N Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B N Cummings.M

N Davis.D N Davis.G N Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt

N Godbee N Golden N Goodwin E Green N Greene N Griffin N Groover N Hamilton N Hammond N Manner N Harris.B N Harris.J N Heard N Henson N Herbert

2542

JOURNAL OF THE HOUSE,

N Holland N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore
King N Kingston N Klein N Ladd N Lane,D N Lane.R E Langford N Lawrence Y Lawson N Lee N Long

N Lord N Lucas N Mann N Martin N McBee N McCoy N McKelvey Y McKinney.B Y McKinney.C N Meadows N Merritt N Milam N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver,M Y Orr

N Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry N Pettit N Pinholster N Pinkston N Poag N Porter N Poston N Powell.A N Powell.C N Presley N Purcell N Randall NRay N Reaves
Redding

N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper 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 Streat N Taylor N Teper N Thomas.C N Thomas.M

N Thomas.N N Thurmond N Titus N Tolbert N Townsend N Turnquest N Twiggs N Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts
White N Wilder N Williams.B
Williams.J N Williams.R N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 5, nays 164. The amendment was lost.

The following amendment was read:

Representative Orr of the 9th moves to amend the Appropriations Committee substi tute to HB 1261:

(Removing from) the State funds budgeted for the State Board of EducationDepartment of Education Budget Unit on Page 16, line 28 in Section Iji the figure $9,476,225. And by (Decreasing) the object classes for the Local Programs function as listed below:

Line &

Line Object Classes

17

25

_

Personal Services

_

Regular Operating Expenses

_

Travel

_

Motor Vehicle Equipment Purchases

_

Publications and Printing

_

Equipment Purchases

_

Per Diem, Fees and Contracts

_

Computer Charges

_

Real Estate Rentals

_

Mid-Term Adjustment Reserve

(9,476,225)

_

Total Funds Budgeted

_

State Funds Budgeted

_

Positions

Passenger-carrying Vehicles

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams N Aiken
Alford N Ashe N Atkins N Baker N Balkcom

Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield N Birdsong

N Blitch N Bordeaux N Bostick N Branch N Breedlove Y Brooks N Brown N Brush

NBuck N Buckner NByrd N Campbell N Canty N Carrell N Carter N Cauthorn

N Chafin N Chambles! N Cheeks N Childers N Clark.E N Clark.L N Coker N Coleman

THURSDAY, MARCH 12, 1992

2543

N Colwell N Connell N Culbreth N Cummings.B N Cummings.M N Davis.D Y Davis.G N Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden N Goodwin E Green N Greene N Griffin N Groover N Hamilton

N Hammond N Hanner N Harris.B N Harris.J N Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing N Kingston N Klein NLadd N Lane.D N Lane.R E Langford N Lawrence Y Lawson NLee N Long

NLord N Lucas N Mann N Martin N McBee N McCoy N McKelvey Y McKinney.B Y McKinney.C N Meadows N Merritt N Milam N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M YOrr N Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry

N Pettit N Pinholster N Pinkston N Poag N Porter N Poston N Powell.A N Powell.C N Presley N Purcell N Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith.L N Smith.P N Smith.T N Smith.W N Smyre N Snow N Stancil.F

On the adoption of the amendment, the ayes were 6, nays 164. The amendment was lost.

N Standl.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus N Tolbert
Townsend N Turnquest N Twiggs N Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts
White N Wilder N Williams.B
Williams,J N Williams.R N Yeargin
Murphy.Spkr

The following amendment was read:

Representative Orr of the 9th moves to amend the Appropriations Committee substi tute to HB 1261:

(Removing from) the State funds budgeted for the Dept. of Corrections Budget Unit on Page 14, line 19 in Section 16 the figure $7,994,486. And by (Decreasing) the object classes for the Dept. of Corrections Activity as listed below:

Line & Page Line Object Classes

14

10

15 15

Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Per Diem, Fees and Contracts Computer Charges Real Estate Rentals

$ (7,994,486) $ $ $ $ $ $ $ $ $
O

15 12 Total Funds Budgeted

15

12

State Funds Budgeted

Positions

Passenger-carrying Vehicles

$ (7,994,486) $ (7,994,486)

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams N Aiken

Alford N Ashe N Atkins

N Baker N Balkcom
Barfoot

N Bargeron N Barnett.B N Barnett.M

N Bates N Beatty N Benefleld

2544

JOURNAL OF THE HOUSE,

N Birdsong N Blitch N Bordeaux N Bostick N Branch N Breedlove Y Brooks N Brown N Brush N Buck N Buckner N Byrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chamhless N Cheeks N Childers N Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B Y Cummings.M N Davis.D N Davis.G N Davis.M

N Dixon.H N Dixon.S
Dobbs N Dover N Dunn N Edwards N Elliott N Felton N Fennel N Floyd.J.M N FloydJ.W N Flynt N Godbee N Golden N Goodwin B Green N Greene N Griffin N Groover N Hamilton N Hammond N Manner N Harris.B N Harris.J N Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson

N Jamieson N Jenkins N Jones N Kilgore NKing N Kingston N Klein NLadd N Lane.D N Lane,R E Langford N Lawrence Y Lawson NLee NLong NLord N Lucas NMann N Martin N McBee N McCoy N McKelvey
McKinney.B Y McKinney.C N Meadows N Merritt N Milam N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller

N Oliver.C N Oliver.M YOrr N Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry N Pettit N Pinholster N Pinkston N Poag N Porter N Poston N Powell.A N Powell.C N Presley N Purcell N Randall NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith.L N Smith.P

On the adoption of the amendment, the ayes were 6, nays 162. The amendment was lost.

N Smith.T N Smith.W N Smyre N Snow N Stancil.F N Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus N Tolbert Y Townsend N Turnquest N Twiggs
Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts
White N Wilder N Williams.B
WilliamsJ N Williams.R N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Orr of the 9th moves to amend the Appropriations Committee substi tute to HB 1261:

(Removing from) the State funds budgeted for the St. of GA. General Obligation Debt Sinking Fund Budget Unit on Page 58, line 13 in Section 44 the figure $6,574,600. And by (Decreasing) the object classes as listed below:

Page Line & Page Line Object Classes

__ __ __ __ __ __ __ __

58

13

58 15

_ _ Personal Services

$

_ _ Regular Operating Expenses

$

_ _ Travel

$

_ _ Motor Vehicle Equipment Purchases $

_ _ Publications and Printing

$

_ _ Equipment Purchases

$

_ _ Per Diem, Fees and Contracts

$

_ _ Computer Charges

$

Real Estate Rentals

$

State General Funds

(6,574,600)

(6,574,600)

Total Funds Budgeted

State Funds Budgeted

Positions

Passenger-carrying Vehicles

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 12, 1992

2545

N Abernathy N Adams N Aiken
Alford N Ashe N Atkins N Baker N Balkcom
Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield N Birdsong
Blitch N Bordeaux N Bostick N Branch N Breedlove Y Brooks N Brown N Brush N Buck N Buckner N Byrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers

N Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings.B N Cummings.M N Davis.D N Davis.G N Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden N Goodwin E Green N Greene N Griffin N Groover N Hamilton N Hammond N Hanner N Harris.B
N Harris.J

N Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King N Kingston N Klein NLadd N Lane.D N Lane.R E Langford N Lawrence Y Lawson NLee N Long N Lord N Lucas N Mann N Martin N McBee N McCoy N McKelvey
McKinney.B Y McKinney.C N Meadows N Merritt N Milam

N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M YOrr N Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry N Pettit N Pinholster N Pinkston N Poag N Porter N Poston N Powell.A N Powell.C N Presley N Purcell N Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 4, nays 165. The amendment was lost.

N Skipper N Smith.L N Smith.P N Smith.T N Smith.W N Smyre NSnow N Stancil.F N Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas, M N Thomas.N N Thurmond N Titus N Tolbert N Townsend N Turnquest N Twiggs N Valenti N Vaughan N WalkerJ N Walker.L N Wall N Watson N Watts
White N Wilder N Williams.B
Williams.J N Williams.R N Yeargin
Murphy, Spkr

The following amendment was read:

Representatives Mann of the 6th, Davis of the 45th and Perry of the 5th move to amend the Appropriations Committee substitute to HB 1261:
(Removing from) the State funds budgeted for the Cost-of-Living Section on Page 78, in Section 81 the figure $4,323,910.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy
N Adams Y Aiken
Alford Y Ashe N Atkins N Baker N Balkc< m
Barfo( N Barge m N Barne t.B Y Barne .M N Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick N Branch

Y Breedlove
N Brooks N Brown Y Brush N Buck N Buckner N Byrd Y Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers N Clark.E N Clark.L N Coker N Coleman

N Colwell N Connell N Culbreth N Cummings.B N Cummings.M N Davis, D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott Y Felton N Fennel N Floyd.J.M N Floyd.J.W
N Flynt

N Godbee N Golden N Goodwin E Green N Greene
Griffin N Groover N Hamilton N Hammond N Hanner N Harris.B
N Harris.J Y Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin

N Jackson N Jamieson Y Jenkins Y Jones N Kilgore YKing Y Kingston N Klein YLadd N Lane.D N Lane.R E Langford Y Lawrence Y Lawson N Lee N Long N Lord N Lucas Y Mann N Martin

2546

JOURNAL OF THE HOUSE,

N McBee N McCoy N McKelvey N McKinney,B N McKinney.C N Meadows N Merritt N Milam N Mills N Mobley N Moody N Morsberger N Moultrie Y Mueller N Oliver.C N Oliver,M

YOrr N Orrock N Padgett N Parham N Parrish N Patten
Pelote Y Perry N Pettit Y Pinholster N Pinkston YPoag N Porter N Poston N Powell.A N Powell.C

Y Presley N Purcell N Randall YRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith.L N Smith,? N Smith.T

N Smith.W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor Y Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus Y Tolbert Y Townsend

N Turnquest N Twiggs N Valenti Y Vaughan N Walker.J N Walker.L N Wall N Watson N Watts
White Y Wilder Y Williams.B
Williams.J N Williams.R N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 32, nays 138. The amendment was lost.

The following amendment was read:

Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Appropriations Committee substitute to HB 1261:

(Removing from) the State funds budgeted for the Dept. of Education Budget Unit on Page 16, line 28 in Section 18 the figure $3,605,583. And by (Increasing) the object classes for the Local Programs Activity as listed below:

Line & Page Line Object Classes

17

25

Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publications and Printing Equipment Purchases Per Diem, Fees and Contracts Computer Charges Real Estate Rentals Mid-Term Adjustment Reserve

(3,605,583)

19

27

19

29

_

_

_

_

20

U

Total Funds Budgeted

20

11

State Funds Budgeted

_

_

Positions

_

_

Passenger-carrying Vehicles

$ (3,605,583) $ (3,605,583)

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams N Aiken
Alford Y Ashe N Atkins Y Baker N Balkcom
Barfoot N Bargeron N Barnett.B N Barnett.M Y Bates Y Beatty

N Benefield Y Birdsong N Blitch Y Bordeaux N Bostick N Branch Y Breedlove Y Brooks Y Brown N Brush NBuck Y Buckner N Byrd N Campbell

Y Canty N Carrell N Carter Y Cauthorn N Chafin N Chambless N Cheeks N Childers N Clark.E N Clark.L N Coker N Coleman N Colwell N Connell

N Culbreth N Cummings,B
Cummings,M Y Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton

Y Fennel N Floyd,J.M N Floyd,J.W N Flynt N Godbee N Golden Y Goodwin E Green Y Greene N Griffin N Groover N Hamilton N Hammond N Manner

THURSDAY, MARCH 12, 1992

2547

N Harris.B N Harris,,! Y Heard N Henson Y Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson Y Jamieson N Jenkins Y -Jones N Kilgore N King Y Kingston N Klein Y Ladd N Lane.D N Lane.R E Langford

Y Lawrence Y Lawson N Lee Y Long N Lord N Lucas N Mann N Martin N McBee N McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt N Milam N Mills N Mobley N Moody Y Morsberger Y Moultrie Y Mueller

N Oliver.C N Oliver.M Y Orr Y Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry N Pettit N Pinholster N Pinkston YPoag Y Porter Y Poston N Powell.A Y Powell.C N Presley N Purcell N Randall NRay

N Reaves Redding
Y Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper Y Smith.L Y Smith.P N Smith.T N Smith, W N Smyre N Snow N Stancil.F N Stancil.S Y Stanley N Streat N Taylor Y Teper N Thomas.C

N Thomas.M Y Thomas.N N Thurmond N Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti N Vaughan N Walker,J N Walker.L Y Wall N Watson N Watts
White N Wilder N Williams.B
Williams.J N Williams.R Y Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 54, nays 116. The amendment was lost.

The following amendment was read:

Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Appropriations Committee substitute to HB 1261:

(Removing from) the State funds budgeted for the Dept. of Education Budget Unit on Page 16, line 28 in Section 18 the figure $838,408. And by the object classes for the Local Programs function as listed below:

Page Line & Page Line Object Classes

__

__ __ __

__ __

__

__

__

17

25

__ 19 27 19 29

_

_

_ _ Personal Services

$

_ _ Regular Operating Expenses

$

_ _ Travel

$

_ _ Motor Vehicle Equipment Purchases $

_ _ Publications and Printing

$

_ _ Equipment Purchases

$

_ _ Per Diem, Fees and Contracts

$

_ _ Computer Charges

$

_ _ Real Estate Rentals _ _ Mid-Term Adjustment Reserve

$ $ (838,408)

_ _ _____________

20

11

Total Funds Budgeted

20

11

State Funds Budgeted

$ $ (838,408) $ (838,408)

_

_

Positions

$

Passenger-carrying Vehicles

$

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams Y Aiken
Alford Y Ashe N Atkins Y Baker N Balkcom

Barfoot N Bargeron N Barnett.B Y Barnett.M Y Bates N Beatty N Benefield Y Birdsong

Y Blitch N Bordeaux N Bostick N Branch Y Breedlove Y Brooks Y Brown Y Brush

N Buck Y Buckner NByrd N Campbell Y Canty N Carrell N Carter Y Cauthorn

N Chafin N Chambless Y Cheeks N Childers N Clark.E Y Clark.L N Coker N Coleman

2548

JOURNAL OF THE HOUSE,

N Colwell N Connell N Culbreth N Cummings.B
Cummings.M Y Davis.D Y Davis.G Y Davis.M N Dixon.H N Dixon,S Y Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton Y Fennel N Floyd,J.M N Floyd.J.W N Flynt N Godbee N Golden N Goodwin E Green Y Greene N Griffin N Groover N Hamilton

N Hammond N Hanner N Harris.B N HarrisJ N Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin Y Jackson Y Jamieson N Jenkins Y Jones N Kilgore N King Y Kingston Y Klein NLadd N Lane.D N Lane.R E Langford Y Lawrence Y Lawson NLee Y Long

NLord N Lucas NMann N Martin N McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam N Mills N Mobley N Moody Y Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M YOrr Y Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry

N Pettit Y Pinholster N Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C N Presley N Purcell N Randall NRay N Heaves
Redding Y Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith.L Y Smith.P N Smith.T N Smith, W N Smyre N Snow N Stancil.F

On the adoption of the amendment, the ayes were 65, nays 106. The amendment was lost.

Y Stancil.S Y Stanley N Streat N Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas.N N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti N Vaughan N Walker,J N Walker.L Y Wall N Watson N Watts Y White N Wilder Y Williams.B
Williams.J N Williams.R Y Yeargin
Murphy ,Spkr

The following amendment was read:

Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Appropriations Committee substitute to HB 1261:

(Removing from) the State funds budgeted for the Dept. of Education Budget Unit on Page 16, line 28 in Section 18 the figure $26,734,756. And by (Decreasing) the object classes as listed below:

Page Line & Page Line Object Classes

__

__

__

_

_

__

__

__

__

17

25

_ _ Personal Services

$

_ _ Regular Operating Expenses

$

_ _ Travel

$

_

_

Motor Vehicle Equipment Purchases $

_ _ Publications and Printing

$

_ _ Equipment Purchases

$

_ _ Per Diem, Fees and Contracts

$

_ _ Computer Charges

$

Real Estate Rentals

$

20

Mid-Term Adjustment Reserve

$ (26,734,756)

19

27

19

29

__

__

20 11 Total Funds Budgeted 20 11 State Funds Budgeted _ _ Positions
_ Passenger-carrying Vehicles

$ (26,734,756) $ (26,734,756) $

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams N Aiken

Alford N Ashe N Atkins

Y Baker N Balkcom
Barfoot

N Bargeron N Barnett.B Y Barnett.M

Y Bates N Beatty N Benefield

THURSDAY, MARCH 12, 1992

2549

Y Birdsong Y Blitch N Bordeaux N Bostick N Branch Y Breedlove Y Brooks N Brown N Brush NBuck Y Buckner NByrd N Campbell Y Cantv N Carrell N Carter Y Cauthorn N Chafin N Chambless
Cheeks N Childers N Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings.B Y Cummings.M N Davis.D N Davis.G N Davis.M

N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton Y Fennel N FloydJ.M N Floyd.J.W N Flynt N Godbee Y Golden N Goodwin E Green Y Greene N Griffin N Groover N Hamilton N Hammond N Hanner N Harris.B N Harris.J N Heard Y Henson
Herbert Y Holland N Holmes N Howard N Hudson Y Irwin N Jackson

Y Jamieson N Jenkins N Jones N Kilgore N King Y Kingston N Klein NLadd N Lane.D N Lane.R E Langford N Lawrence Y Lawson NLee YLong N Lord N Lucas N Mann N Martin Y McBee Y McCoy Y McKelvey N McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam N Mills N Mobley N Moody Y Morsberger Y Moultrie N Mueller

N Oliver.C N Oliver.M YOrr Y Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry N Pettit N Pinholster N Pinkston YPoag
Y Porter Y Poston N Powell.A Y Powell.C N Presley N Purcell N Randall YRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith.L Y Smith.P

On the adoption of the amendment, the ayes were 47, nays 123. The amendment was lost.

N Smith.T N Smith.W N Smyre N Snow N Stancil.F N Stancil.S Y Stanley N Streat N Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas.N N Thurmond N Titus N Tolbert N Townsend N Turnquest N Twiggs Y Valenti N Vaughan Y Walker.J N Walker.L Y Wall N Watson N Watts Y White N Wilder N Williams.B
Williams ,J N Williams.R Y Yeargin
Murphy.Spkr

Representative Goodwin of the 63rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read:

Representative Wilder of the 21st moves to amend the Committee substitute to HB 1261 as follows:
On page 79 line 21 change $8,175,000,000 to $7,552,871,790 and change all branch bud geted amounts throughout the document to the same amount of those branches in HB 1262.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken
Alford Y Ashe Y Atkins N Baker N Balkcom
Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong N Blitch

N Bordeaux N Bostick N Branch Y Breedlove N Brooks Y Brown Y Brush N Buck N Buckner NByrd Y Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless

N Cheeks N Childers Y Clark.E N Clark.L Y Coker N Coleman N Colwell N Connell N Culbreth N Cummings.B
Cummings.M Y Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs

N Dover N Dunn N Edwards N Elliott Y Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green
Greene N Griffin N Groover N Hamilton

N Hammond N Hanner N Harris.B N Harris.J Y Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore

2550

JOURNAL OF THE HOUSE,

NKing Y Kingston N Klein Y Ladd N Lane.D N Lane.R E Langford N Lawrence N Lawson
N Lee N Long N Lord N Luca.s Y Mann N Martin N McBee N McCoy N McKelvey N McKinney.B

Y McKinney.C N Meadows N Merritt N Milam N Mills N Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M N Orr N Orrock N Padgett N Parham N Parrish N Patten
Pelote

Y Perry N Pettit Y Pinholster N Pinkston YPoag N Porter N Poston N Powell.A Y Powell.C Y Presley N Purcell N Randall NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill

N Simpson N Sinkfield N Skipper N Smith.L N Smith.P N Smith.T N Smith.W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond

Y Titus N Tolbert N Townsend N Turnquest N Twiggs N Valenti Y Vaughan N Walker ,J N Walker.L N Wall N Watson N Watts N White Y Wilder N Williams.B
Williams,J N Williams.R N Yeargin
Murphy ,Spkr

On the adoption of the amendment, the ayes were 30, nays 140. The amendment was lost.

The following amendment was read:

Representative Poston of the 2nd moves to amend the Committee on Appropriations substitute to HB 1261 by striking "31,694,475" from line 25 of page 17 and inserting in its place "31,474,475".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams N Aiken
Alford N Ashe N Atkins Y Baker
N Balkcom Barfoot
N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benetield N Birdsong N Blitch N Bordeaux N Bostick N Branch Y Breedlove Y Brooks N Brown N Brush
NBuck Y Buckner NByrd N Campbell Y Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers

N Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings.B
Cummings.M N Davis.D N Davis.G N Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton Y Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden N Goodwin E Green N Greene N Griffin N Groover N Hamilton N Hammond N Hanner N Harris.B N Harris.J

N Heard N Henson N Herbert Y Holland N Holmes N Howard N Hudson Y Irwin N Jackson Y Jamieson N Jenkins N Jones N Kilgore NKing N Kingston N Klein NLadd N Lane.D N Lane.R E Langford N Lawrence Y Lawson NLee N Long NLord N Lucas NMann N Martin N McBee N McCoy N McKelvey N McKinney.B Y McKinney.C Y Meadows N Merritt N Milam

N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M N Orr Y Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry N Pettit N Pinholster N Pinkston YPoag Y Porter Y Poston N Powell,A N Powell.C N Presley N Purcell N Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 21, nays 150.

N Skipper N Smith.L N Smith.P N Smith.T N Smith.W N Smyre Y Snow N Stancil.F N Stancil.S N Stanley N Streat N Taylor Y Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus N Tolbert Y Townsend N Turnquest N Twiggs N Valenti N Vaughan N Walker ,J N Walker.L N Wall N Watson N Watts Y White N Wilder N Williams.B
Williams.J N Williams.R N Yeargin
Murphy.Spkr

THURSDAY, MARCH 12, 1992

2551

The amendment was lost.

The following amendment was read:

Representative Heard of the 43rd moves to amend the Appropriations Committee sub stitute to HB 1261 by adding the following language to Section 81:
On page 78, line 32 between the word "appropriated" and "$106,810,910" insert, "in revocable trust".
On page 79, line 18, after the word "Section 45-7-4" insert, "; said trust to be paid retroactively on January 10, 1993, upon express condition that gross cumulative revenues for the months of July through December in Fiscal Year 1993 is at least 5.8 % greater than the gross cumulative revenues for the same months of Fiscal Year 1992".

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Abernathy N Adams Y Aiken
Alford Y Ashe Y Atkins N Baker N Balkcom
Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick N Branch Y Breedlove N Brooks N Brown Y Brush NBuck N Buckner NByrd Y Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers

Y Clark.E Clark.L
Y Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B
Cummings,M N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green Y Greene N Griffin N Groover Y Hamilton N Hammond N Hanner N Harris.B N Harris.J

Y Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins Y Jones N Kilgore Y King Y Kingston Y Klein YLadd N Lane.D N Lane.R E Langford Y Lawrence N Lawson N Lee N Long N Lord N Lucas YMann N Martin N McBee N McCoy N McKelvey
McKinney.B Y McKinney.C Y Meadows N Merritt N Milam

N Mills N Mobley N Moody Y Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M NOrr N Orrock N Padgett N Parham N Parrish N Patten
Pelote N Perry N Pettit Y Pinholster N Pinkston N Poag N Porter N Poston N Powell.A N Powell.C Y Presley N Purcell N Randall YRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 40, nays 129. The amendment was lost.

N Skipper N Smith.L N Smith,? N Smith.T Y Smith.W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond Y Titus Y Tolbert Y Townsend N Turnquest N Twiggs N Valenti Y Vaughan N Walker,J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams.J N Williams.R N Yeargin
Murphy,Spkr

An amendment, offered by Representative Klein of the 21st, was read and ruled out of order.

The Committee substitute was adopted.

2552

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken
Alford N Ashe N Atkins Y Baker Y Balkcom
Barfoot Y Bargeron N Barnett.B N Barnett.M Y Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove N Brooks Y Brown N Brush Y Buck Y Buckner YByrd N Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L N Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B N Cummings.M N Davis.D Y Davis.G N Davis.M Y Dixon.H N Dixon.S Y Dobbs Y Dover N Dunn Y Edwards N Elliott N Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden N Goodwin E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin N Jackson Y Jamieson Y Jenkins N Jones Y Kilgore YKing N Kingston N Klein N Ladd Y Lane.D Y Lane.R E Langford N Lawrence N Lawson Y Lee Y Long Y Lord Y Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit N Pinholster Y Pinkston N Poag Y Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell Y Randall NRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T N Smith.W Y Smyre YSnow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus N Tolbert N Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L N Wall Y Watson Y Watts Y White N Wilder N Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 126, nays 46. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative McKinney of the 40th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Dixon of the 128th would like the record to reflect his purpose for "Nay" vote is to assert firm objection to fee increases which were speculatively included in revenues needed to fund this budget.

By unanimous consent, HB 1261 was ordered immediately transmitted to the Senate.

The Speaker Pro Tem assumed the Chair.

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:

THURSDAY, MARCH 12, 1992

2553

SB 834. By Senators Collins of the 17th and Starr of the 44th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Anno tated, relating to the crimes of trafficking in cocaine, illegal drugs, or mari juana, so as to provide that any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of five grams or more of methamphetamine or of any mixture of methamphetamine commits the fel ony offense of trafficking in methamphetamine; to provide penalties.

The Senate has agreed to the House amendment to the Senate amendment to the fol lowing Resolution of the House:

HR 1038. By Representative Murphy of the 18th: A resolution relative to adjournment.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1399.

By Representatives Holland of the 136th, Porter of the 119th, Jamieson of the llth, Baker of the 51st, Floyd of the 135th and others: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, so as to provide tax credits for cer tain businesses in certain counties.

The following Committee substitute was read and withdrawn:

A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, so as to provide tax credits for certain businesses in certain counties; 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 7 of Title 48 of the Official Code of Georgia Anno tated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, is amended by striking in its entirety Code Section 48-7-40, relating to tax credits for certain business enterprises in counties designated as less developed areas, and inserting in lieu thereof a new Code Section 48-7-40 to read as follows: "48-7-40. {a) As used in this Code section, th tew 'business enterprise' means any business which is engaged manufacturing, warehousing and distribution, processing, and research and development industries. Se tenn shaH net include retail businesses. (fe) (a) (1) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Com merce, the commissioner of community affairs shall rank and designate as less devel oped areas the lower 36 percent ef ait 80 counties in this state using a combination of the following factors:
ft) (A) Highest unemployment rate for the most recent 36 month period; {2} (B) Lowest per capita income for the most recent 36 month period; (& (C) Highest percentage of residents whose income is below the poverty level according to the most recent data available; and {4} (D) Average weekly manufacturing wage according to the most recent data available.

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(2) Counties ranked and designated as 1 through 40 shall be classified as tier 1 and counties ranked and designated as 41 through 80 shall be classified as tier 2. 4e) (b) The commissioner of community affairs shall be authorized to include in the tier 2 designation provided for in subsection (b) (a) of this Code section any county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enter prises businesses located in such county. No designation made pursuant to this subsec tion shall operate to displace or remove any other county previously designated as a less developed area. {d} (c) For business enterprises businesses which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation proce dures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county is removed from the list of less developed areas. (e) (d) Business enterprises Businesses in counties designated by the commissioner of community affairs as tier _! less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $1,000.00 $2,000.00 annually and businesses in counties designated by the commissioner of community affairs as tier 2 less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $1,000.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises businesses that increase employment by ten or more in a less developed area shall be eligible for the credit. Credit shall not be allowed during a year if the net employment increase falls below ten. Any credit received for years prior to the year in which the net employment increase falls below ten shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of ten. {f) (e) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises businesses qualified under subsection fb) {a) or {} (b) of this Code section. Additional new fulltime jobs shall be determined by subtracting the highest total employment of the busi ness enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. %) (f) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) (g) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from opera tions in this state for that taxable year." Section 2. This Act shall become effective on January 1, 1993, and shall be applica ble to all taxable years beginning on or after that date. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Holland of the 136th, et al., was read:

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A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, so as to provide tax credits for certain businesses in certain counties; 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 7 of Title 48 of the Official Code of Georgia Anno tated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, is amended by striking in its entirety Code Section 48-7-40, relating to tax credits for certain business enterprises in counties designated as less developed areas, and inserting in lieu thereof a new Code Section 48-7-40 to read as follows: "48-7-40. (a) As used in this Code section, the term 'business enterprise" means any business which is engaged in manufacturing, warehousing and distribution, processing, and research and development industries. Such term shall not include retail businesses. (b) (1) Not later than December 31 of each year, using the most current data avail able from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the lower 26 percent ef aH 80 counties in this state using a combination of the following factors:
41) (A) Highest unemployment rate for the most recent 36 month period; 42) (B) Lowest per capita income for the most recent 36 month period; 43) (C) Highest percentage of residents whose income is below the poverty level according to the most recent data available; and 44) (D) Average weekly manufacturing wage according to the most recent data available. (2) Counties ranked and designated as 1. through 40 shall be classified as tier 1 and counties ranked and designated as 41 through 80 shall be classified as tier 2. (c) The commissioner of community affairs shall be authorized to include in the tier 2 designation provided for in subsection (b) of this Code section any county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a less developed area. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county is removed from the list of less developed areas. (e) Business enterprises in counties designated by the commissioner of community affairs as tier 1_ less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $1,000.00 $2,000.00 annually and business enterprises in coun ties designated by the commissioner of community affairs as tier 2 less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $1,000.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by ten or more in a less developed area shall be eligible for the credit. Credit shall not be allowed during a year if the net employment increase falls below ten. Any credit received for years prior to the year in which the net employment increase falls below ten shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of ten. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be deter mined by subtracting the highest total employment of the business enterprise during

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years two through six, or whatever portion of years two through six which has been com pleted, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit.
(g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification.
(h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year.
(i) Notwithstanding any provision of this Code section to the contrary, in counties designated as tier j. counties, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any business of any nature for jobs cre ated from January 1 1993, through December 31^ 1997."
Section 2. This Act shall become effective on January 1, 1993, and shall be applica ble to all taxable years beginning on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Holland of the 136th and Porter of the 119th move to amend the Floor substitute to HB 1399 by striking on lines 14 and 15 of page 2 the following:
"1 through 40", and inserting in lieu thereof the following:
"The first through fortieth least developed counties". By striking on line 16 of page 2 the following: "41 through 80", and inserting in lieu thereof the following: "the forty-first through eightieth least developed counties".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, 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 Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker
Balkcom

Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong

Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush

Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn

Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

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Y Colwell Connell
Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.C. Y Davis.M Y Dixon.H Y Dixon.S Y Dobhs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godhee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton

Y Hammond Hanner
Y Harris.B Y' Harris,J Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence
Lawson YLee
Long

YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Pelote Y Perry

Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Ricketson Y Royal Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith.L Y Smith.P Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F

Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 1399 was ordered immediately transmitted to the Senate.

Representatives Holmes of the 28th 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.

HB 1749.

By Representatives Cummings of the 134th, Thomas of the 31st, McKinney of the 40th, Taylor of the 94th, Valenti of the 52nd and others: 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 provide that an officer who wantonly and recklessly destroys property during the execu tion of a search warrant shall be civilly liable to the owner or occupant of such property.

The following Committee substitute was read:

A BILL To amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Anno tated, relating to searches with warrants, so as to provide that an officer who wantonly and recklessly destroys property during the execution of a search warrant shall be civilly liable to the owner or occupant of such property; 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 17 of the Official Code of Georgia Anno tated, relating to searches with warrants, is amended by adding at the end thereof a new Code section, to be designated Code Section 17-5-33, to read as follows:

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"17-5-33. Any officer who, in executing a search warrant, wantonly and recklessly destroys or inflicts unreasonable and excessive damages to the property or premises des ignated in the search warrant shall be civilly liable to the owner or occupant of such property or premises. This Code section is cumulative and is in addition to any other remedy available to the owner or occupant of such property or premises."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Cummings of the 134th moves to amend the Committee substitute to HB 1749 by adding on line 14 of page 1 following the Code section designation "17-5-33." the following:
"(a)".
By adding after the word and symbol "premises." on line 19 of page 1 the following: "Actions of an officer in executing a search warrant which amount to ordinary negli gence shall not give rise to the civil liability provided by this Code section." By striking the quotation marks at the end of line 21 of page 1. By adding between lines 21 and 22 of page 1 the following: "(b) Notwithstanding the provisions of subsection (a) of this Code section, an officer executing a search warrant shall be immune from civil liability for any act described in subsection (a) of this Code if such officer was acting in good faith within the scope of his or her official actions and duties."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams Y Aiken
Alford N Ashe Y Atkins Y Baker
Balkcom Barf ool N Bargeron Y Barnett.B Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell

Canty Y Carrell N Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers
Clark.E Y Clark.L Y Coker Y Coleman N Colwell
Connell N Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H N Dixon.S N Dobbs Y Dover Y Dunn Y Edwards N Elliott Y Felton

Y Fennel N Floyd.J.M Y Floyd.J.W Y Flynt N Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J N Heard Y Henson Y Herbert N Holland Y Holmes
Howard N Hudson Y Irwin
Jackson Y Jamieson N Jenkins N Jones

Y Kilgore Y King N Kingston Y Klein NLadd Y Lane.D
Lane.R E Langford N Lawrence N Lawson YLee
Long YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt N Milam
Mills Y Mobley Y Moody Y Morsberger

Y Moultrie N Mueller Y Oliver.C Y Oliver.M
Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit N Pinholster Y Pinkston N Poag Y Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson N Royal

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2559

Y Selman Y Sherrill Y Simpson
Sinkfield N Skipper
Y Smith.L Y Smith,?
Smith.T

N Smith,W Y Smyre Y Snow Y Stancil.F N Stancil.S
Y Stanley Y Streat Y Taylor

Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend

Y Turnquest N Twiggs Y Valenti Y Vaughan Y Walker.J
Y Walker.L Y Wall Y Watson

Y Watts White
Y Wilder Y Williams.B
Williams.J
Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 125, nays 31. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Orr of the 9th and White of the 132nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1749 was ordered immediately transmitted to the Senate.

By unanimous consent, HB 1902 was ordered immediately transmitted to the Senate.

HR 1029. By Representative Oliver of the 121st: A resolution designating Coleman's 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 112, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HB 494. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill to amend Code Section 40-3-36 of the Official Code of Georgia Anno tated, relating to cancellation of a certificate of title and salvage certificates of title, so as to provide that an insurance company may not pay and an owner may not receive payment of a total loss settlement for a vehicle which has extensive damage until the title for such vehicle is submitted to the com missioner of revenue for cancellation or for issuance of a salvage title.

The following Committee substitute was read and withdrawn:

A BILL To amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to change the definition of a salvage motor vehicle; to change certain provisions regarding issuance of salvage certificates of title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, is amended by striking paragraph (11) of Code Section 40-3-2, relat ing to definitions relative to motor vehicle certificates of title, in its entirety and inserting in lieu thereof a new paragraph (11) to read as follows: "(11) 'Salvage motor vehicle' means any motor vehicle:

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(A) Which has been damaged to the extent that its restoration to an operable con dition would require the replacement of two or more major component parts but shall not mean any such motor vehicle which has been repaired and the title to which is not transferred as a result of such damage or repair;
(B) Which has been acquired by an insurance company as the result of the vehicle's being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts;
(C) For which an insurance company has paid a total loss claim and the vehicle has not been repaired, regardless of the extent of damage to such vehicle or the num ber of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which was subsequently recovered completely undamaged or damaged ety to tiic extent ttiflt its rcsiorfltion to &R opepsotc condition wouicr not pccjuirc tnc replacement ef two of fluefe majef component parta was recovered not stripped of major interior parts, including, but not limited to. seats, or was recovered damaged only to the extent that its restoration to an operable condition would not require replacement of one or more major component parts as set forth in paragraph (2) of subsection (a) of Code Section 40-3-36 and which has The manufacturer's vehicle iden tification number plate intact; or
(D) Which is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title." Section 2. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 40-3-36, relating to cancellation of a certificate of title and salvage cer tificates of title, which reads as follows: "(2) (A) 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, 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 shall mail or deliver the certificate of title to the commissioner for cancellation.
(B) Any insurance company which acquires a damaged motor vehicle by virtue of having paid a total loss claim shall mail or deliver the certificate of title to the com missioner for cancellation. In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insurance com pany paying such total loss claim shall notify the commissioner and the owner of the payment of a total loss claim.", in its entirety and inserting in lieu thereof new paragraphs (2), (3), and (4) to read as fol lows: "(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:
(A) The front clip assembly, which includes the fenders, hood, and bumper; (B) The rear clip assembly, which includes the quarter panels and the floor panel assembly; (C) The top, excluding a soft top; (D) The frame; and (E) A complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation. (3) (A) Any insurance company which acquires title to a damaged motor vehicle by payment of a total loss claim shall, on a form prescribed by the commissioner, notify the commissioner of the payment of a total loss claim and shall mail or deliver the certificate of title to the commissioner for cancellation or issuance of a salvage certifi cate of title. (B) Any insurance company which pays a total loss claim but does not acquire title to such vehicle shall, on a form prescribed by the commissioner, notify the commis sioner and the owner of the payment of a total loss claim but shall not be required to surrender the certificate of title to such vehicle.

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(C) The commissioner shall issue a certificate of title for a vehicle for which a total loss claim was paid by reason of theft of the vehicle and for which either a salvage certificate of title was issued or for which the certificate of title was canceled upon submission of proof that the stolen vehicle was recovered with all vehicle identification numbers intact and the vehicle was neither stripped of major interior parts, including, but not limited to, seats, nor damaged to the extent that its restoration to an operable condition would require replacement of one or more major component parts as set forth in paragraph (2) of this subsection. (4) Any security interest holder or lienholder having custody of the certificate of title shall, within ten days after receipt of notice from the commissioner that a total loss claim has been paid on the vehicle, mail or deliver the certificate of title to the commis sioner for cancellation or for issuance of a salvage certificate of title. If, after 30 days the person who has custody of the certificate of title fails, refuses, or neglects to forward the certificate of title to the commissioner, the commissioner shall cancel the current certificate of title and issue a new certificate of title for such vehicle marked 'salvage,' provided that the validity of the security interest of the lienholder having custody of the certificate of title shall not be affected by the issuance of a salvage certificate of title." Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Harris of the 84th and Parham of the 105th was read:

A BILL To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles, so as to provide for issuance of replacement license plates or renewal decals lost in the mail; to provide for increases in the fees for dealer tags; to provide for two-year dealer tags; to provide for research fees to be submitted with each form or corrected form sub mitted for an abandoned motor vehicle; to provide for registration deadlines for certain commercial vehicles; to provide for penalties for late registration; to provide for related matters; to change certain definitions relative to certificates of title; to change provisions regarding issuance of a new motor vehicle identification number; to change certain proce dures and requirements relative to certificates of title for salvage or rebuilt vehicles; to require an insurer to notify the owner of any motor vehicle for which a total loss claim is paid of all obligations regarding the registration and title of such vehicle prior to pay ment of such claim; to change certain inspection requirements; to exempt certain vehicles; to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," so as to change certain definitions; to impose certain requirements on licensees; 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 change certain annual license fees; to provide for 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles, is amended by striking subsection (a) of Code Section 40-2-38, relating to registration and licensing of manufacturers and dealers, in its entirety and inserting in lieu thereof the following: "(a) Manufacturers and dealers engaged in the manufacture, sale, or leasing of vehi cles required to be registered under Code Section 40-2-20 shall register with the commis sioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $26.00 $62.00, which shall accompany such application, and for which fee the commissioner shall furnish to the dealer one number plate to expire December 31 of odd-numbered years, to be known as a dealer's number, and to be distinguished from the number

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plates provided for in this chapter by a different and distinguishing color to be deter mined by the commissioner, with the word 'Dealer' on same; a dealer's number plate to be for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. The commissioner may in his discretion issue to dealers that manufacture new vehicles in Georgia number plates with the word 'Manufacturer' on such plates. In the event the dealers or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $26.00 $62.00 provided in this Code section, shall pay $6.00 $12.00 for each and every additional number plate furnished. Persons engaged in the business of transporting vehicles for others under such vehicle's own power shall likewise be entitled to obtain license plates under this Code section, but such plates shall be used only on vehicles being transported."
Section 2. Said title is further amended by striking Code Section 40-2-44, relating to reporting of theft, loss, or mutilation of license plates or decals, in its entirety and inserting in lieu thereof the following:
"40-2-44. (a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, includ ing but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Department ef Rev enue, Motor Vehicle Division of the Department of Revenue with a fee ef- $2.00 in the same amount as the original tag fee to obtain a duplicate license plate or revalidation decal. Alternatively, the copy of the police report may be submitted to the applicant's county tag agent with a fee in the same amount as the original tag fee m which case the county tag agent is authorized to issue a replacement license plate or decal.
(b) If the license plate or revalidation decal is mutilated but still legible and if such license plate or revalidation decal is surrendered with the application for the duplicate, the requirements of subsection (a) of this Code section, relating to reporting the theft, loss, or mutilation of license plate or decal and submitting a copy of a police report, shall not apply.
\c/ A dupiicflte license piste or revsiidft*ion decst WIIGR *RC opiums! rifts Dcen tost, del seed, f destroyed wi'fty we ootflined irom tne commissioner upon tiling witn nim sn
$2.00. A duplicate county decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner at no cost. A replacement license plate or revalidation decal when the original has been lost in the mail prior to receipt by the reg istered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the license plate or decal. The owner shall report the nonreceipt or loss of the license plate or decal to the appropriate law enforcement agency or official, including, but not limited to, a municipal or county police department or officer, the county sheriff, or the Department of Public Safety. Said owner shall obtain a copy of the police report on which the license plate or decal number is listed and shall submit such copy to the Motor Vehicle Division of the Department of Reve nue. The owner shall not be charged a fee by the Department of Public Safety or the local law enforcement agency or official for a copy of such police report.
(d) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section."
Section 3. Said title is further amended by striking Code Section 40-2-88, relating to reciprocal agreements for registration of commercial vehicles on an apportionment basis, in its entirety and inserting in lieu thereof the following:
"40-2-88. (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

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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 appor tionment 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 oper ated 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 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 agree ment or plan shall continue in force and effect until specifically revoked or amended as provided by law.
(c) (1) Applications for registration or renewal of registration under the Interna tional Registration Plan may be submitted during the period of December ^ of the prior registration year to February lj> of the year for which the license plate is to be issued. Fees must be paid not later than 30 days from the date of the invoice, which will be mailed to the applicant, or March 15 of the registration year, whichever is later. License plates are required to be displayed on vehicles registered under the International Registration Plan not later than May 2 of the registration year.
(2) Any owner of a vehicle required to be registered under the International Regis tration Plan who does not register and obtain a license to operate such vehicle as pre scribed in paragraph (1) of this subsection shall, in addition to any other penalty which may be imposed if such vehicle is registered after May 1^ be subject to a late application penalty of 10 percent of the total registration fees if application for other than a previously unregistered vehicle is received after February 15 of the registration year. Additionally, the owner of a vehicle required to be registered under the Interna tional Registration Plan who does not pay to the commissioner the registration fees by 30 days from the date of the registration fees invoice or_ March 15 of the registra tion year, whichever is later, shall be subject to a late payment penalty of $50.00 per vehicle for which payment of registration fees is not received by the commissioner by the date prescribed in this paragraph. (d) The provisions of Code Sections 40-2-22, 40-2-23, 40-2-24, 40-2-26, and 40-2-81 shall not apply to vehicles registered under this Code section, except that:
(1) Registration under the International Registration Plan shall not relieve a regis trant from any other taxes due and registration shall be denied any such vehicle if any Georgia ad valorem property taxes due upon such vehicle are unpaid;
(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 satis factory 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 commis sioner 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.'

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(e) In the event of conflict between the provisions of this Code section or any agree ment entered into under the provisions of this Code section and any other law or provi sion on this subject, the provisions of this Code section or any agreement entered into under 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 com missioner 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 commis sioner 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 sec tion.
(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 law fully operated in the state if full registration or apportioned registration were obtained. 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 combi nation 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.
{e} (i) 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.
{i} (j) 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 4. Said title is further amended by striking paragraphs (9) and (11) of Code Section 40-3-2, relating to the definitions for motor vehicle certificates of title, in their entirety and inserting in lieu thereof the following:
"(9) 'Major component part' means any one of the following subassemblies of a motor vehicle:
(A) Front clip assembly (fenders, hood, and bumper); (B) Rear clip assembly (quarter panels and floor panel assembly); (C) Engine and transmission; (D) Top, with the exception of soft tops; (E) Frame; er (F) Complete side (fenders fender, door, and quarter panel);; or (G) For pickup trucks only, these additional components:
(i) Bed assembly (complete bed, front, sides, and bottom; cargo box; slide back bed; stake body; or wrecker assembly);
(ii) Back panel; cab corner assembly (quarter panels); (iii) Top; and (iv) Side (fender, door, cab corner, and bed side)." "(11) 'Salvage motor vehicle' means any motor vehicle: (A) Which has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts btrt

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not nnc&ft flny sucn motor vcniclG wnicn rifls Dccn rcpflircct dtio THC title TO which is Ret transferred as a result ef such damage or repair;
(B) Which has been acquired by an insurance company as the result of the vehicle's being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts;
(C) For which an insurance company has paid a total loss claim and the vehicle which has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, btrt or if the repair of the vehicle will require the replacement of more than one major compo nent part or requires repair to structural parts, the insured must surrender such title to the commissioner for cancellation and obtain a salvage certificate of title for such vehicle. If an insurance company pays a total loss claim and the insured retains the damaged vehicle, the insurance company shall not release payment for such claim until the company secures possession of the title from the insured. The Department of Revenue shall give priority to such submissions and shall issue a sal vage title for a vehicle within seven days of receipt of the original title for cancella tion when a total loss claim is paid and the owner retains the damaged vehicle. The term 'salvage motor vehicle' shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which was subsequently recovered completely undamaged or damaged only te th extent that its restoration to &n opcrflDlc condition wonid not reQuw' trie rcpiscement OT two OF more ZHQJOF component parts was recovered having sustained only cosmetic damage and which has the manufacturer's vehicle identification number plate intact or any vehicle for which an insurance company paid a total loss claim but the damage does not require replacement of more than one major component part or involve any structural dam age that would affect the safety of the vehicle; or
(D) Which is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title." Section 5. Said title is further amended by striking subsection (c) of Code Section 40-3-3, relating to the powers of the state revenue commissioner, in its entirety and insert ing in lieu thereof the following: "(c) The commissioner may: (1) Make necessary investigation to procure information required to carry out this chapter; (2) Adopt and enforce reasonable rules and regulations to carry out this chapter; (3) Assign a new identifying number to a vehicle if it has none, or its identifying number is destroyed or obliterated, er its motor is changed, and shall either issue a new certificate of title showing the new identifying number or make an appropriate endorsement on the original certificate." Section 6. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-3-36, relating to salvage certificates of title, which reads as follows: "(2) (A) 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, 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 shall mail or deliver the certificate of title to the commissioner for cancellation. (B) Any insurance company which acquires a damaged motor vehicle by virtue of having paid a total loss claim shall mail or deliver the certificate of title to the com missioner for cancellation. In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insurance com pany paying such total loss claim shall notify the commissioner and the owner of the payment of a total loss claim.",

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in its entirety and inserting in lieu thereof 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: (A) The front clip assembly, which includes the fenders, hood, and bumper; (B) The rear clip assembly, which includes the quarter panels and the floor panel
assembly; (C) The top, excluding a soft top; (D) The frame; and (E) A complete side, which includes the fender, door, and quarter panel
shall mail or deliver the certificate of title to the commissioner for cancellation. (3) (A) Any insurance company which: (i) Acquires title to a damaged motor vehicle by payment of a total loss claim; or (ii) Pays a total loss claim for any vehicle which is retained by the insured, except where the damage does not require replacement of more than one major component part or involve structural damage affecting the safety of the vehicle, shall mail or deliver the certificate of title to the commissioner for cancellation or issu ance of a salvage certificate of title. If the insured retains possession of any vehicle for which a total loss claim is paid, the insurance company paying such total loss claim shall, prior to payment of such claim, inform the owner of the vehicle, in writ ing, of all title and registration obligations attendant to retaining such vehicle. (B) For a vehicle for which a total loss claim was paid by reason of theft of the vehicle and for which either a salvage certificate of title was issued or for which the certificate of title was canceled, the commissioner shall issue a certificate of title upon submission of proof that the stolen vehicle was recovered with all vehicle identification numbers intact and the vehicle was neither stripped of major interior parts, including, but not limited to, seats, nor sustained functional or structural damage. (4) Any security interest holder or lienholder having custody of the certificate of title
shall, within ten days after receipt of notice from the commissioner that a total loss claim has been paid on the vehicle, mail or deliver the certificate of title to the commis sioner for cancellation or for issuance of a salvage certificate of title. If, after 30 days the person who has custody of the certificate of title fails, refuses, or neglects to forward the certificate of title to the commissioner, the commissioner shall cancel the current certificate of title and issue a new certificate of title for such vehicle marked 'salvage,' provided that the validity of the security interest of the lienholder having custody of the certificate of title shall not be affected by the issuance of a salvage certificate of title."
Section 7. Said title is further amended by striking subsection (i) of Code Section 40-3-36, relating to cancellation of titles, and inserting in lieu thereof the following:
"(i) The registered owner who retains possession of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehi cle and return such plate to the commissioner for cancellation. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation and of all inspection requirements for rebuilding or restoring such vehicle."
Section 8. Said title is further amended by striking Code Section 40-3-37, relating to certificates of title for salvaged or rebuilt motor vehicles, in its entirety and inserting in lieu thereof the following:
"40-3-37. (a) As used in this Code section, the term 'application for a certificate of title on a salvaged or rebuilt motor vehicle' means:
(1) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Sec tion 40-3-36 and which has been repaired;
(2) An application for a certificate of title for a motor vehicle for which a current out-of-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase1 No clean certificate of title shall be issued for any such vehicle; only a certificate of title marked 'rebuilt' may be issued; or

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(3) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Sec tion 40-3-36 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2. (b) (1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word 'rebuilt' is permanently affixed as required by subsection (d) of this Code section, verification that the vehicle was rebuilt in the State of Georgia, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the commissioner shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The commis sioner may conduct any such initial inspection and any required reinspections even though the motor vehicle may have been previously inspected under this Code section.
(2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. (c) All applications submitted pursuant to this Code section shall be accompanied by one or more photographs of the motor vehicle in its wrecked salvaged condition before any repairs have been made to such vehicle, which photographs shall be used by the commissioner in his inspections of the vehicle pursuant to this Code section. (d) (1) (A) Upon inspection under subsection (b) of this Code section, if it is
determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts or if the floor pan of the motor vehicle has been completely cut at any point between the front and rear suspension, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word 'salvage' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle.
(B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts or the complete cutting of the vehicle's floor pan at any point between the front and rear suspension in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall cause the word 'rebuilt' to be perma nently affixed to said motor vehicle after inspection by the commissioner. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982. (2) Upon inspection by the commissioner and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued. (e) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a

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certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle.
(f) (1) Motorcycles shall be exempt from the salvage laws of this state. (2) Motor vehicles which have been altered by the installation of a glider kit shall
be issued a certificate of title containing the word 'rebuilt.'" Section 9. Said title is further amended by adding a new subsection (c) at the end of Code Section 40-3-56, relating to satisfaction of security interests and liens on motor vehicles, to read as follows: "(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code sec tion, any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or secu rity interest is listed. None of the provisions of this Code section shall preclude the per fection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle other than a motor home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner." Section 10. Said title is further amended by striking subsection (e) of Code Section 40-11-2, relating to the duty of a person removing or storing an abandoned motor vehicle, in its entirety and inserting in lieu thereof the following: "(e) If the owner, security interest holder, or lienholder fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an aban doned motor vehicle, give notice in writing, by sworn statement, on the form prescribed by the commissioner, to the Department of Revenue with a research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue and to the Georgia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If the form submitted to the commissioner is rejected because of inaccu rate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form to the commissioner together with an additional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue and to the Georgia Bureau of Investiga tion. Each subsequent corrected notice, if required, shall be submitted with an addi tional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle." Section 11. Chapter 48 of Title 43 of the Official Code of Georgia Annotated, "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," is amended by striking Code Section 43-48-2, relating to definitions, in its entirety and inserting in lieu thereof the following:

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"43-48-2. As used in this chapter, the term: (1) 'Board' means the State Board of Registration for Used Motor Vehicle
Dismantlers, Rebuilders, and Salvage Dealers. (2) 'Dealer' means any person, partnership, firm, or corporation buying, selling, or
using motor vehicle parts, either as a used motor vehicle parts dealer, a motor vehicle dismantler, a motor vehicle rebuilder, a salvage pool dealer, or a salvage dealer.
(3) 'Dismantler' means any person, partnership, firm, or corporation engaged in the business of acquiring wrecked, abandoned, or reparable motor vehicles and selling either the usable parts, the motor vehicle as a unit, or the hulk of the motor vehicle after the usable parts have been removed. For the purposes of this chapter, a person, partnership, firm, or corporation shall be presumed to be engaged in the business of auto dismantling if he or it possesses ten or more inoperative motor vehicles for more than 45 days unless such vehicles are scrap vehicles being held by a scrap metal pro cessor for recycling scrap metal, vehicles being held by a repair business awaiting repairs, or vehicles being held for other reasons as may be prescribed by the board.
(4) 'Established place of business' means a salesroom or sales office in a building or an open lot at which a business of buying, bartering, trading, offering, displaying, selling, dismantling, or rebuilding wrecked or used motor vehicles or parts is carried on or the place at which books and records required for the conduct of such business are kept.
(5) 'Licensee' means any person who is required to be licensed or who is actually licensed under this chapter.
(6) 'Major component part" means one of the subassemblies of a motor vehicle as defined in paragraph (9) of Code Section 40-3-2.
(7) 'Motor vehicle' means every vehicle which is self-propelled except trackless trolleys (which are classified as streetcars), motorcycles, motor-driven motordriven cycles, or go-carts.
(8) 'Part' means any used motor vehicle part that has been installed as standard or optional equipment on a motor vehicle, has been removed from the motor vehicle on which it was originally attached or affixed, and is the subject of sale or resale as a part and not as scrap.
(9) 'Person' means any individual, copartnership, firm, association, corporation, or combination of individuals of whatever form or character.
(10) 'Rebuilder' means any person, partnership, firm, or corporation engaged in the business of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles.
(11) 'Salvage dealer' means any person, firm, or corporation who purchases a sal vage vehicle or parts of a salvage vehicle for purposes of resale as parts only or as sal vage.
(12) 'Salvage pool' or 'salvage disposal sale' means a sale at auction or by private bid of wrecked or reparable motor vehicles, either at wholesale or retail, by insurance companies, underwriters, or dealers.
(13) 'Salvage vehicle' means any vehicle which either: (A) Has Which has been damaged, crushed, or otherwise reduced to such a state
that its restoration would require the replacement of two or more major component parts;
(B) Has Which has been acquired by an insurance company as a result of the vehicle's being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts 0r for which
vehicles which de net require the replacement ef twe er mere majer component parts for restoration; er j
(C) For which an insurance company has paid a total loss claim and which has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle or if the repair of the vehicle requires the replacement of more than one major component part or requires

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repair to structural parts. The term 'salvage motor vehicle' shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which was subsequently recovered completely undamaged or was recov ered having sustained only cosmetic damage and which has the manufacturer's vehi cle identification number plate intact or any vehicle for which an insurance company paid a total loss claim but the damage does not require replacement of more than one major component part or involve structural damage that would affect the safety of the vehicle; or
{ } is (D) Which is an imported vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title. (14) 'Scrap vehicle' means any vehicle which has been wrecked, destroyed, or dam aged to the extent that it cannot be economically repaired, rebuilt, or made operable or roadworthy. (15) 'Used motor vehicle' or 'used car' means any motor vehicle, as defined in this Code section, which has been the subject of a retail sale to a consumer. (16) 'Vehicle' means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary wheels or tracks or overhead trolley wires." Section 12. Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relat ing to motor vehicle license fees and plates, is amended by striking Code Section 48-10-3, relating to registration and licensing of manufacturers and dealers, in its entirety and inserting in lieu thereof a new Code Section 48-10-3 to read as follows: "48-10-3. (a) Manufacturers and dealers engaged in the manufacture or sale of motor vehicles, tractors, or trailers shall register with the commissioner and shall apply for a distinguishing dealer's number. The application shall specify the name and make of motor vehicle, tractor, or trailer manufactured or sold by the applicant and shall be made upon forms prepared by the commissioner. The applicant shall pay at the time of making application a fee of $26.00 $62.00. For the fee, the commissioner shall furnish the applicant one number plate to expire December 31 of odd-numbered years, to be known as a dealer's number and to be distinguished from the number plates provided in this Code section by a different and distinguishing color to be determined by the commissioner. The dealer's number plate shall have the word 'Dealer' on its face and shall be used for the purpose of demonstrating or transporting a manufacturer's or deal er's vehicles or trailers for sale. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire or for lease or in any other manner not provided in this Code section. (b) In the event a dealer or manufacturer desires more than one number plate, he shall so state on the application and, in addition to the fee of $26.00 $62.00, shall pay a fee of $6.00 $12.00 for each additional number plate furnished. (c) Each person engaged in the business of transporting motor vehicles for others under the motor vehicle's own power shall be entitled to obtain license plates under this Code section, but the plates shall be used only on vehicles being transported. (d) Each person engaged in the business of transporting mobile homes and house trailers for others shall be entitled to obtain license plates under this Code section. (e) This Code section shall not apply in any manner to farm tractors." Section 13. Sections 4 through 6, 8, and 11 shall become effective upon the Gover nor's approval; Sections 7, 9, and 10 shall become effective July 1, 1992; and Sections 1 through 3 and Section 12 shall become effective January 1, 1993. Section 14. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Powell of the 13th, et al. move to amend the Floor substitute to HB 494 by inserting on line 9 of page 10 after the word and symbol "tops;" the following:

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"provided, however, that the replacement of the top at the site of the factory welds shall not be deemed the replacement of a major component part;".

The following amendment was read and adopted:

Representatives Jackson of the 9th, Parham of the 105th and Harris of the 84th move to amend the Floor substitute to HB 494 as follows:
By deleting on page 14 starting on line 6 with the word "any" through the word "title" on line 17.

The following amendment was read and adopted:

Representatives Jackson of the 9th, Parham of the 105th and Harris of the 84th move to amend the Floor substitute to HB 494 as follows:
By deleting on page 10 lines 20 and 21.

The following amendment was read and adopted:

Representatives Jackson of the 9th, Parham of the 105th and Harris of the 84th move to amend the Floor substitute to HB 494 as follows:
By deleting on page 11 line 16 starting at the word "if all the language on line 17, line 18, line 19, line 20 and through the word "insured" on line 21.

The following amendment was read and adopted:

Representatives Jackson of the 9th, Parham of the 105th and Harris of the 84th move to amend the Floor substitute to HB 494 as follows:
By deleting on page 11 lines 12 and 13 the words: "or requires repair to structural parts".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 118, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1474.

By Representatives McKelvey of the 15th, Smith of the 16th, Merritt of the 123rd, Porter of the 119th, Watts of the 41st and others: A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving theft, so as to cre ate the criminal offense of fraudulent receipt of rental property.

The following Committee substitute was read:

A BILL To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to criminal offenses involving theft, so as to create the criminal offense of

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fraudulent receipt of rental property; to provide that such offense shall consist of obtain ing the receipt of any personal property under a rental or lease agreement through any of several enumerated false statements or fraudulent acts; to provide for the punishment of said offense; to provide for related matters; to provide for an effective date and applica bility; 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 16 of the Official Code of Georgia Anno tated, relating to criminal offenses involving theft, is amended by adding, immediately after Code Section 16-8-3, a new Code Section 16-8-3.1 to read as follows: "16-8-3.1. (a) A person commits the offense of fraudulent receipt of rental property when the person obtains the possession of any personal property under a rental or lease agreement and as a part of such transaction such person induces the rentor or lessor to enter into such agreement, in whole or in part, through:
(1) A misrepresentation of the person's identity; (2) A misrepresentation of the person's status as an employee of a business for which the property is purportedly obtained; (3) The giving of a false name; (4) The giving of a false address; (5) The giving of a false telephone number; (6) The giving of a false motor vehicle license plate number; (7) The giving of a false driver's license number; or (8) The presentation of a false identification document. (b) A person who commits the offense of fraudulent receipt of rental property shall be guilty of a misdemeanor." Section 2. This Act shall become effective on July 1, 1992, and shall apply with respect to transactions occurring on or after that date. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative McKelvey of the 15th moves to amend the Committee substitute to HB 1474 by striking lines 8 and 9 of page 1 and inserting the following:
"fraudulent acts; to provide that an intention to deprive the owner of the property shall not be an element of the offense; to provide that the return of the property to the owner shall not constitute a defense; to provide for felony and misdemeanor grades of such offense and for the punishment thereof; to provide for related matters; to provide for an".
By striking lines 13 through 15 of page 2 and inserting the following: "(b) The presence of any one of the false statements or deceitful acts described in subsection (a) of this Code section in the obtaining of personal property under a rental or lease agreement shall be sufficient to constitute the offense provided for in this Code section without regard to whether any of the other false statements or deceitful acts exist. (c) An intention to deprive the owner of the property is not an element of the offense provided for in this Code section; and the return of the property to the owner shall not constitute a defense against a prosecution under this Code section. (d) A person who commits the offense of fraudulent receipt of rental property shall, as provided in Code Section 16-8-12, be guilty of a felony and punished as provided in paragraph (1) of subsection (a) of Code Section 16-8-12 if the value of the property obtained exceeds $500.00. Otherwise, if the value of the property is $500.00 or less, such person shall be guilty of a misdemeanor.'".

THURSDAY, MARCH 12, 1992

2573

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 100, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 1474 was ordered immediately transmitted to the Senate.

HR 1008. By Representative Perry of the 5th: A resolution designating J. C. "Jake" Woods Avenue in the City of Trion.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 102, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1637.

By Representatives Barfoot of the 120th, Porter of the 119th, Canty of the 38th, Coleman of the 118th and Moody of the 153rd: A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to licensing of auctioneers, and to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of used motor vehicle dealers, so as to provide that consumers who purchase used motor vehicles from a licensed auctioneer may recover from the auctioneers education, research, and recovery 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 Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benetield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breed love Brooks Y Brown Y Brush Y Buck Y Buckner

Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover

Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y FloydJ.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Heard Henson Y Herbert Y Holland Y Holmes Y Howard

Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B

McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock
Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston

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JOURNAL OF THE HOUSE,

Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal

Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre

Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N

Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L

Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Poston of the 2nd 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 Senate was read the first time and referred to the committee:

SB 834. By Senators Collins of the 17th and Starr of the 44th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Anno tated, relating to the crimes of trafficking in cocaine, illegal drugs, or mari juana, so as to provide that any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of five grams or more of methamphetamine or of any mixture of methamphetamine commits the fel ony offense of trafficking in methamphetamine; to provide penalties.
Referred to the Committee on Special Judiciary.

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 1288. By Representatives Dover of the 11th, Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th and Jamieson of the llth: A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White.
The President has appointed on the part of the Senate the following Senators: Foster of the 50th, Deal of the 49th and Dawkins of the 45th.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1837.

By Representative Byrd of the 153rd: 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 under the "Quality Basic Education Act," so as to provide that certain courses shall contain and shall not contain certain information.

THURSDAY, MARCH 12, 1992

2575

The following Committee substitute was read:

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 under the "Quality Basic Educa tion Act," so as to provide that the local boards of education shall adopt policies designed to ensure that course materials in sex education and AIDS prevention instruction are appropriate; to provide that a custodial parent or legal guardian shall be informed of the parent's right of access to course materials and the right to prohibit the child from receiv ing such course of study; to provide that nothing in this Act shall be construed to promote the violation of Georgia law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum under the "Quality Basic Educa tion Act," is amended by striking in its entirety Code Section 20-2-143, relating to sex education and AIDS prevention instruction, and inserting in lieu thereof the following: "20-2-143. (a) Each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction for such grades and grade levels in the pub lic school system as shall be determined by the State Board of Education and each local board of education shall adopt policies designed to ensure that all course materials, sup plemental and otherwise, are appropriate. Such course of study shall implement either the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education and shall ensure that a custo dial parent or legal guardian has, and is informed in writing of, both the parental right of access to course materials and the right to elect, in writing, that such child not receive such course of study as set forth in subsection (d) of this Code section. Each local board of education shall be authorized to supplement and develop the exact approach of con tent areas of such minimum course of study with such specific curriculum standards as it may deem appropriate. Such standards shall include instruction relating to the han dling of peer pressure, promotion of high self-esteem, local community values, and absti nence from sexual activity as an effective method of prevention of pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome. (b) The State Board of Education shall prescribe a minimum course of study in sex education and AIDS prevention instruction which may be included as a part of a course of study in comprehensive health education for such grades and grade levels in the pub lic school system as shall be determined by the state board and shall establish standards for its administration. The course may include instruction concerning human biology, conception, pregnancy, birth, sexually transmitted diseases, and acquired immune defi ciency syndrome. A manual setting out the details of such course of study shall be pre pared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advis ers as they may choose. (c) The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (b) of this Code section shall be ready for implementation not later than July 1, 1988. Each local board shall implement either such minimum course of study or its equivalent not later than July 1, 1989. Any local board of education which fails to comply with this subsection shall not be eligible to receive any state funding under this article until such minimum course of study or its equivalent has been imple mented. (d) Any parent or legal guardian of a child to whom the course of study set forth in this Code section is to be taught shall have the right to elect, in writing, that such child not receive such course of study. (e) Nothing in this Code section shall be construed to promote the violation of Geor gia 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 following amendment was read and adopted:
Representative Watts of the 41st moves to amend the Committee substitute to HB 1837 as follows:
By adding a new Section 2 to read as follows: "Section 2. No instruction pursuant to this Code section shall encourage violation of Georgia law." and by renumbering Section 2 as Section 3.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Balkcom Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell Canty Y Carrell Y Carter Y Cauthorn Y Chafin \ Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Davis.D Davis,G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord Y Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M NOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell.A
Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper 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 Streat Y Taylor
Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
WilliamsJ Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 150, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Fennel of the 155th and Poston of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1837 was ordered immediately transmitted to the Senate.

THURSDAY, MARCH 12, 1992

2577

HB 1932.

By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Code Section 14-2-603 of the Official Code of Georgia Anno tated, relating to issued and outstanding shares, so as to revise the provisions relating to preemptive rights to acquire shares.

The following Committee substitute was read and adopted:

A BILL To amend Code Section 14-2-630 of the Official Code of Georgia Annotated, relating to shareholders' preemptive rights, so as to revise the provisions relating to preemptive rights to acquire shares; 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 14-2-630 of the Official Code of Georgia Annotated, relating to shareholders' preemptive rights, is amended by striking subsections (a) and (b), which read as follows: "(a) The shareholders of a corporation (other than a corporation electing statutory close corporation status) formed after July 1, 1989, do not have a preemptive right to acquire the corporation's unissued or treasury shares, if any, except to the extent the articles of incorporation so provide. (b) All corporations in existence on July 1, 1989, and all corporations electing statu tory close corporation status shall have preemptive rights as provided in subsection (c) of this Code section, unless their articles of incorporation expressly provide otherwise." and inserting in lieu thereof the following: "(a) The shareholders of all corporations other than those described in subsection (b) of this Code section do not have a preemptive right to acquire the corporation's unis sued or treasury shares, if any, except to the extent that the articles of incorporation so provide. (b) The shareholders of the following corporations shall have preemptive rights as provided in subsection (c) of this Code section unless the articles of incorporation expressly provide otherwise:
(1) Corporations electing statutory close corporation status; and (2) Corporations in existence on July 1, 1989, whose:
(A) Shareholders had such rights as of that date; or (B) Articles of incorporation have been restated on or after July 1, 1989, with notice to the shareholders that such restatement would cause the shareholders of the corporation to have preemptive rights." Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1974.

By Representatives Clark of the 13th, Powell of the 13th, Jackson of the 9th, Coleman of the 118th, Yeargin of the 14th and others: A bill to amend Code Section 40-8-111 of the Official Code of Georgia Anno tated, relating to equipment on school buses in general, so as to provide for strobe lights on school buses.

2578

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 1974 by striking lines 7 and 8 of page 3 and inserting the following:
"axis. Such strobe light shall be no greater than one-third the distance from the rear of the bus to the front".

The following amendment was read and adopted:

Representative Clark of the 13th moves to amend HB 1974 by adding on line 4 of page 1 between the words and symbol "exception;" and "to" the following:
"to provide for applicability;".
By striking lines 14 and 15 from page 3 and inserting the following:
"Section 2. The requirements of this Act shall apply only to new school buses manu factured on or after January 1, 1993."

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 Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom
Barf out Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthurn Y Chafin
Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings ( B Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Fennel Y Floyd.J.M Y Floyd.J.W Y Flvnt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y HarrisJ

Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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, amended.

THURSDAY, MARCH 12, 1992

2579

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.

HB 1914. By Representative Clark of the 13th: A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Anno tated, relating to used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers, so as to revise certain provisions relating to the powers and duties of the board; to revise provisions relating to registra tion, licenses, and inspections.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 1914 by inserting between lines 6 and 7 of page 1 the following:
"provide for regulation of used motor vehicle parts dealers, dismantlers, rebuilders, and salvage dealers who sell at auction; to".
By inserting between lines 16 and 17 of page 3 the following: "Section 4. Said chapter is further amended by striking Code Section 43-48-17.1 which reads as follows:
'43-48-17.1. Reserved.', in its entirety and inserting in lieu thereof the following:
'43-48-17.1. Notwithstanding any other provision of law to the contrary, a used motor vehicle parts dealer, dismantler, rebuilder, or salvage dealer licensed under this chapter who sells used motor vehicle parts or used motor vehicles at auction shall not be required to be licensed as an auction company as required in Chapter 6 of this title, provided that such dealer, dismantler, or rebuilder employs or contracts with a licensed auctioneer to conduct such auction sales.'". By striking from line 17 of page 3 the following: "Section 4.", and inserting in lieu thereof the following: "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 roll call was ordered and the vote was as follows:

Y Abernathy Y Adams
Y Aiken Y Altbrd Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargenm Y Barnett.B Y Barnett.M Y Bates

Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner

Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker

Y Coleman Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover

Y Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene

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JOURNAL OF THE HOUSE,

Y Griffin Groover
Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein

Y Ladd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody

Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell

Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper 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 Streat Y Taylor Y Teper

Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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.

HB 1583. By Representative Barnett of the 10th: A bill to amend Code Section 46-5-136 of the Official Code of Georgia Anno tated, relating to the authority of local government to create an advisory board in connection with the establishment of an emergency telephone num ber "911" system, so as to require the creation of an advisory board.

The following Committee substitute was read and adopted:

A BILL To amend Code Section 46-5-136 of the Official Code of Georgia Annotated, relating to the authority of local government to create an advisory board in connection with the establishment of an emergency telephone number "911" system, so as to require the cre ation of an advisory board; to change the composition of the advisory board; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 46-5-136 of the Official Code of Georgia Annotated, relating to the authority of local government to create an advisory board in connection with the establishment of an emergency telephone number "911" system, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The governing authority of a local government by resolution may shall create an advisory board consisting of the sheriff, representatives from other public safety agencies which respond to emergency calls under the system, and other individuals knowledgeable of emergency '911' systems and the emergency needs of the citizens of the local governmentj provided that such advisory board shall not exceed 13 members." 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.

THURSDAY, MARCH 12, 1992

2581

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Cummings.B Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane,D Y Lane.R E Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M
Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy,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 substi tute.

HB 1640. By Representatives Bordeaux of the 122nd, Lucas of the 102nd, Stanley of the 33rd, Connell of the 87th and Oliver of the 53rd: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to prohibit unlicensed personal care home operators from making certain representations regarding services.

The following Committee substitute was read and adopted:

A BILL To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to prohibit unlicensed personal care home operators from making certain representations regarding services; to prohibit licensed personal care home operators from making certain representations regarding scope of care provided without specific authorization; to provide for jurisdiction; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Geor gia Annotated, the "Fair Business Practices Act of 1975," is amended by striking from

2582

JOURNAL OF THE HOUSE,

subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in con sumer transactions, the word "or" at the end of paragraph (24) and by striking the period at the end of paragraph (25) and inserting in lieu thereof "; or" and by inserting a new paragraph (26) to read as follows:
"(26) With respect to any individual or facility providing personal care services: (A) Any person or entity not duly licensed or registered as a personal care home
formally or informally offering, advertising to, or soliciting the public for residents or referrals or regularly holding itself out as a home which provides personal care ser vices;
(B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, holding itself out to provide services:
(i) Which are outside the scope of personal care services; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home for ser vices authorized by the Department of Human Resources under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4; (C) For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care includ ing medical and nursing services. The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care 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 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 Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker
Balkcom Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman N Colwell
Connell Y Culbreth
Cummings.B Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock N Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Randall Y Ray Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

THURSDAY, MARCH 12, 1992

2583

On the passage of the Bill, by substitute, the ayes were 155, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Padgett of the 86th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1562. By Representative Dover of the llth: A bill to amend Code Section 48-2-18 of the Official Code of Georgia Anno tated, relating to the State Board of Equalization, so as to specify the time at which interest shall begin to accrue with respect to certain tax appeals.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings,B Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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 Stancil of the 66th 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 879. By Representative Murphy of the 18th: A resolution compensating Sandra K. Davis.

2584

JOURNAL OF THE HOUSE,

The following amendment was read and withdrawn:

The Committee on Appropriations moves to amend HR 879 by striking from line 20 of page 1 the following:
"the sum $7,132.93", and inserting in lieu thereof the following:
"a sum not to exceed $402.32".

The following amendment was read and adopted:

Representative Coleman of the 118th moves to amend HR 879 by striking from line 20 of page 1 the following:
"$7,132.93", and inserting in lieu thereof the following:
"$6,026.00".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to, as amended,
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Balkcom Barfoot Y Bargeron Y Barnett.B Y Barnett.M Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck , Y Buckner YByrd Y Campbell Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings.B Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Golden Y Goodwin E Green Y Greene Y Griffin Y Groover N Hamilton Y Hammond Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R E Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley Y Streat
Taylor Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 152, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, as amended.

THURSDAY, MARCH 12, 1992

2585

Representative Teper of the 46th 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 Smyre of the 92nd 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 1912 Do Pass HB 2029 Do Pass, by Substitute
Respectfully submitted, /s/ Smyre of the 92nd
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 1592 Do Pass, by Substitute HB 2094 Do Pass SB 730 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker: Your Committee on Ways & Means has had under consideration the following Bills
of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1850 Do Pass, by Substitute HB 1377 Do Pass, by Substitute HB 332 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the llth
Chairman

Pursuant to HR 1038, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Wednesday, March 18, 1992.

2586

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, March 18, 1992

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 Ashe Atkins Baker Balkcom Barfoot Bargeron Barnett,B Barnett.M Bates Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brooks Brush Buck Buckner Campbell Canty Carter Cauthorn Chafin Chambless Cheeks Childers

Clark,L Coker Colwell Connell Culbreth Cummings.B Cummings.M Davis.D Davis,G Davis.M Dixon.H Dixon,S Dobbs Dover Dunn Edwards Elliott Felton Fennel Floyd,J.M Floyd.J.W Flynt Godbee Golden Goodwin Green Greene Griffin Groover Hamilton Hammond Hanner Harris.B

Harris,J Heard Herbert Holmes Howard Hudson Irwin Jackson Jamieson Jenkins Jones Kilgore King Kingston Klein Ladd Lane.D Langford Lawrence Lawson Lee Long Lord Mann Martin McBee McCoy McKelvey McKinney.B McKinney.C Meadows Merritt Milam

Mobley Moody Morsberger Moultrie Mueller 01iver,C Oliver.M Orr Orrock Padgett Parham Parrish Patten Pelote Perry Pettit Pinholster Poag Porter Poston Powell,A Powell.C Presley Purcell Randall Ray Reaves Ricketson Royal Selman Sherrill Simpson Skipper

Smith,L Smith,P Smith.T Smith,W Smyre Snow Stancil.F Stancil.S Stanley Street Taylor Teper Thomas.C Thomas,M Thomas,N Titus Tolbert Townsend Turnquest Twiggs Valenti Walker.J Wall Watson Watts Wh't w ., ,
'}, r Williams.B Wilhams.J Williams.R Yeargin Murphy.Spkr

The following members were off the floor of the House when the roll was called: Representatives Thurmond of the 67th, Clark of the 20th, Carrell of the 65th, Vaughan of the 20th, Mills of the 20th, Walker of the 115th, Lane of the lllth, Byrd of the 153rd, Pinkston of the 100th and Holland of the 136th. They wish to be recorded as present.

Prayer was offered by the Reverend Joseph L. Watson, Jr., Pastor, LaFayette First United Methodist Church, LaFayette, Georgia.

The members pledged allegiance to the flag.

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.

WEDNESDAY, MARCH 18, 1992

2587

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolution of the House were intro duced, read the first time and referred to the committees:

HB 2104. By Representative Adams of the 79th: A bill to provide that the homestead, not to exceed $15,000.00 of the value thereof, of each resident of the Thomaston-Upson 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 $15,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2105. By Representatives Williams of the 48th, Kilgore of the 42nd, Sherrill of the 47th, Felton of the 22nd, Alford of the 57th and others: A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to require the offering of certain athletic activities in the elementary and sec ondary schools.
Referred to the Committee on Education.

HB 2106. By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th: A bill to provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education dis tricts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2107. By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend an Act which provides for the establishment of a public school system for the City of Valdosta, so as to change certain provisions rel ative to the election and terms of said members.
Referred to the Committee on State Planning & Community Affairs - Local.

2588

JOURNAL OF THE HOUSE,

HB 2108. By Representatives Jones of the 71st, Davis of the 77th, Meadows of the 91st and Flynt of the 75th: A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for the compensation of the members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2115. By Representative Jenkins of the 80th: A bill to provide a homestead exemption from certain Jasper County ad valo rem taxes for county purposes in the amount of $2,000.00 of the assessed value of that homestead for certain residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2116. By Representative Mills of the 20th: A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol or drugs, so as to provide that at the time of a first DUI conviction, a defendant is given writ ten notification of the penalties for a second or subsequent conviction.
Referred to the Committee on Motor Vehicles.

HB 2117. By Representatives Mills of the 20th, Dunn of the 73rd, Hammond of the 20th, Atkins of the 21st, Aiken of the 21st and others: A bill to amend Code Section 40-5-71 of the Official Code of Georgia Anno tated, relating to procedure upon notice of insurance cancellation, so as to provide that in the event of a second offense during any five-year period the driver's license of the owner shall be suspended only until such owner pays a $150.00 lapse fee, a restoration fee, and provides proof of having prepaid a six-month minimum insurance policy.
Referred to the Committee on Motor Vehicles.

HB 2118. By Representative Mills of the 20th: A bill to amend Code Section 40-6-163 of the Official Code of Georgia Anno tated, relating to the duty of a driver of a vehicle meeting or overtaking a school bus, so as to provide for a fine for the offense of unlawful passing of a school bus.
Referred to the Committee on Motor Vehicles.

HB 2119. By Representative Mills of the 20th: A bill to amend Code Section 31-7-12 of the Official Code of Georgia Anno tated, relating to the definition of "personal care home," so as to redefine "personal care home".
Referred to the Committee on Human Relations & Aging.

HB 2120. By Representative Mills of the 20th: A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against the person, so as to provide for the crime of stalking.
Referred to the Committee on Special Judiciary.

WEDNESDAY, MARCH 18, 1992

2589

HB 2121. By Representative Mills of the 20th: A bill to amend Part 1 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to stopping, standing, and parking, so as to authorize the appointment of handicapped persons to enforce the provi sions of Code Section 40-6-203, relating to stopping, standing, or parking in specific places.
Referred to the Committee on Public Safety.

HB 2122. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act providing for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city, so as to increase the amount of said homestead exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2123. By Representatives Smith of the 16th and McKelvey of the 15th: A bill to amend an Act providing for a homestead exemption from ad valo rem taxes of the City of Rome independent school district for certain resi dents of that school district, so as to change the amount of the exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2124. By Representatives Dobbs of the 74th and Dover of the llth: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to define a certain term; to provide for the registra tion of certain off-road vehicles.
Referred to the Committee on Motor Vehicles.

HB 2125. By Representative Hanner of the 131st: A bill to provide education districts for the Calhoun County Board of Educa tion.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1063. By Representative Hudson of the 117th: A resolution creating the House Department of Public Health Study Com mittee.
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 2092 HB 2096 HB 2098 HB 2099 HB 2101 HB 2102 HB 2103 HB 2109 HB 2110

HB 2111 HB 2112 HB 2113 HB 2114 HR 1040 SB 523 SB 660 SB 747 SB 774

2590

JOURNAL OF THE HOUSE,

SB 787 SB 823 SB 824 SB 825

SB 826 SB 830 SB 834 SR 514

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 1736 Do Pass, by Substitute HB 1929 Do Pass, by Substitute SB 463 Do Pass, by Substitute SB 468 Do Pass

SB 680 Do Pass, by Substitute SB 681 Do Pass SB 693 Do Pass

Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the
House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1591 Do Pass, by Substitute Respectfully submitted,
/s/ Thomas of the 69th Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1491 Do Pass, by Substitute HB 1493 Do Pass, by Substitute HB 1672 Do Pass, by Substitute HB 1725 Do Pass HB 1733 Do Pass HB 1891 Do Pass HB 1892 Do Pass HB 1893 Do Pass HB 1897 Do Pass HB 1907 Do Pass HB 1737 Do Pass, by Substitute

HB 1916 Do Pass, by Substitute HB 1941 Do Pass HB 1948 Do Pass, by Substitute HB 2011 Do Pass HB 2012 Do Pass HB 2017 Do Pass HB 2019 Do Pass HB 2025 Do Pass HB 2027 Do Pass HB 2039 Do Pass, by Substitute HB 2040 Do Pass, by Substitute

WEDNESDAY, MARCH 18, 1992

2591

HB 2044 Do Pass HB 2045 Do Pass HB 2052 Do Pass HB 2054 Do Pass HB 2055 Do Pass HB 2060 Do Pass

HB 2073 Do Pass HB 1894 Do Pass HB 1895 Do Pass HB 1896 Do Pass HB 2016 Do Pass Respectfully submitted, /s/ Lane of the 27th Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 18, 1992

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enu merated below:

HB 332 HB 426 HB 847 HB 950 HB 1068 HB 1125 HB 1307 HB 1377 HB 1420 HB 1428 HB 1450 HB 1548 HB 1561 HB 1648 HB 1689 HB 1691 HB 1850 HB 1854 HB 1860 HB 1861 HB 1882 HB 1899 HB 1912 HB 1930 HB 1943 HB 1968 HB 1977 HB 1978 HB 1989 HB 1997 HB 2015 HB 2029 HB 2057 HB 2094

Sales tax; exemption; items paid by state/federal funds Child Support Recovery Act; amend provisions Jurisdiction and venue; transfer of indictment/accusation Civil practice; cause of actions outside states; cert dismissal Ment. ill, etc.; involuntary emerg. treat.; certify need Ethics in government; comprehensive regulation Road tax; define motor carriers Income tax; nonresidents; definitions Commercial Code; security interest in crops; shareholders Ad valorem tax; litigation proceedings; assessment payment District attorneys; victim or witness assistance personnel Hunting; wildlife or feral hogs; prohibitions Real property; acquisition by transfer; tax return Ethics training courses; provisions Abandoned railroad property; acquisition provisions Cruelty to animals; failure to feed and water cattle Hotel-motel tax; certain counties and municipalities; levy Health insurance; certain disorders; include coverage False advertising; professional services; prohibitions County law libraries; board of trustees; membership Alcoholic beverages; Sunday sales; population bracket Motor vehicle insurance; premium reductions; certain courses Labor pools; regulation Minors in open bed pickups; prohibit on highways Dougherty Judicial Circuit; add judge Childhood sexual abuse; limitation of civil actions; provisions Juv proceedings; counseling for children & parents; provisions Beauty pageants; regulation Insurance; amend provisions Proprietary schools; amend provisions Cert co; cert ale bev sales; prohibitions; change pop figures State employees; certain act; merit system administer Elections; state court clerk candidates; chief deputy on ballot Flint Judicial Circuit; add judge

HR 859 Ethics training for pub officers; Gen Assembly provide by law - CA HR 863 Workers' comp; cert trust fund; Gen Assem provide by law - CA

2592

JOURNAL OF THE HOUSE,

HR 1010 Scooterville Highway; designate Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Lee of the 72nd Chairman

By unanimous consent, all Bills and Resolutions were ordered immediately trans mitted to the Senate.

By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:

HB 1491.

By Representatives McBee of the 68th, Thurmond of the 67th and Clark of the 13th: A bill to amend an Act providing for the unification of the existing govern ments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the compo sition of the districts from which the members of the Commission of AthensClarke County are elected.

The following Committee substitute was read and adopted:

A BILL To amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, so as to change the composition of the districts from which the members of the Commission of Athens-Clarke County are elected; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for monthly reports of the auditor to the commis sion; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, is amended by striking subsection (a) of Section 2-102 in its entirety and inserting in lieu thereof the following: "(a) The terms of office of all members of the commission shall be four years and until their successors are elected and qualified, except that a commissioner appointed to fill a vacancy shall serve only for the balance of the unexpired term as provided in Sec tion 2-106 of this charter. Those members of the commission elected from District 2, District 4, District 6, District 8, and District 10 who are serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected, ending on December 31, 1992. Those members of the commission elected from District 1, District 3, District 5, District 7, and District 9 who are serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected, ending on December 31, 1994. At the general election imme diately preceding the expiration of their terms of office, the commissioners shall be elected from the commissioner districts set forth in Appendix A for terms of office for four years and until their successors are elected and qualified. All terms of office shall commence at the first regular meeting in January next following the election."

WEDNESDAY, MARCH 18, 1992

2593

Section 2. Said Act is further amended by striking Section 6-201 in its entirety and inserting in lieu thereof the following:
"Section 6-201. Number of Districts; Boundaries. The territory of the unified govern ment of Athens-Clarke County shall consist of ten commissioner districts. The bounda ries of such districts shall be as specifically described and set forth in Appendix A of this charter which is incorporated in this charter by reference."
Section 3. Said Act is further amended by striking Appendix A in its entirety and inserting in lieu thereof the following:
"Appendix A (a) For the purpose of electing the ten members of the commission, the territory of Athens-Clarke County shall be divided into the following commissioner districts: Commissioner District: 1
CLARKE COUNTY VTD: 001A PRECINCT 216-1A (Part) Tract: 0014.02 Block(s): 720A Tract: 0015.01 Block(s): 301A VTD: 0217 PRECINCT 0217 (Part) Tract: 0015.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217 VTD: 0218 PRECINCT 0218 (Part) Tract: 0015.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 130, 201, 218, 219, 220, 221 VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 101, 107 Tract: 0014.01 Block(s): 111, 112, 113, 114, 115, 117, 118, 144 Tract: 0014.02 Block(s): 201A, 203, 204, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303, 304, 306, 307, 308, 404, 406, 407, 408, 414, 415, 416, 417 VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 101, 102, 103, 104A, 104B, 105, 106A, 106B, 107, 108, 109, 110A, HOB, 111, 112, 113, 114, 115, 116, 118, 119, 201B, 202, 205, 206, 207, 216, 217, 218, 219, 401, 402, 403, 405, 409, 410, 411, 412, 413, 418B, 419B, 420, 501, 502, 503A, 503B, 504A, 504B, 505, 506A, 506B, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 601, 602, 603, 604, 608, 609, 612, 613, 614, 616, 617, 618, 701, 702, 703, 704, 705 VTD: 1899 PRECINCT 1899 (Part) Tract: 0014.02 Block(s): 605, 606, 607, 610, 611, 615, 707, 708, 711, 720B, 722, 723B, 726, 727, 728, 729, 731, 732 Tract: 0015.01 Block(s): 203, 204, 205, 207, 208, 217, 218, 219, 301B, 302
Commissioner District: 2 CLARKE COUNTY

2594

JOURNAL OF THE HOUSE,

VTD: 001A PRECINCT 216-1A (Part) Tract: 0003. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 355, 356, 357, 361 Tract: 0014.02 Block(s): 419A, 706A, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719A
VTD: 001B PRECINCT 216-2B (Part) Tract: 0003. Block(s): 102A, 103A, 104, 105, 106A, 108, 109, 112, 113, 114A, 115A, 117A, 117B, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 331 Tract: 0014.02 Block(s): 418A
VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 102B, 102C, 103B, 106B, 114B, 115B Tract: 0014.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253
VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 706B, 706C, 719B, 723A
VTD: 1347 PRECINCT 1347 (Part) Tract: 0014.01 Block(s): 211, 212
Commissioner District: 3 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 122, 123, 141 Tract: 0002. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138 Tract: 0005. Block(s): 102 Tract: 0006. Block(s): 110, 125, 126, 127, 128, 142, 143, 201, 202, 203, 217, 218, 219 VTD: 003B PRECINCT 216-3B (Part) Tract: 0005. Block(s): 103 Tract: 0006. Block(s): 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 Tract: 0009. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 225, 226, 227,

WEDNESDAY, MARCH 18, 1992

2595

228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243 VTD: 005A PRECINCT 216-5A (Part) Tract: 0006. Block(s): 118, 119, 120, 121, 122, 123, 124 Tract: 0009. Block(s): 114, 115, 220 VTD: 005B PRECINCT 216-5B (Part) Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113 Commissioner District: 4 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 118, 119, 120, 121, 124, 125, 126, 127, 136, 137, 138, 139, 140, 142, 143 Tract: 0004. Block(s): 102, 103, 104, 105, 106, 107, 108, 109 Tract: 0005. Block(s): 101 VTD: 001A PRECINCT 216-1A (Part) Tract: 0001. Block(s): 128, 129, 130, 131, 132, 133, 134, 135 Tract: 0003. Block(s): 346, 347, 348, 349, 350, 351, 352, 353, 354, 358, 359, 360 Tract: 0004. Block(s): 101, 110, 201, 202, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214A, 215, 217 Tract: 0015.01 Block(s): 303A VTD: 001B PRECINCT 216-2B (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 107, 116, 117 VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 104, 105 VTD: 002B PRECINCT 216-2B (Part) Tract: 0004. Block(s): 218, 219, 220, 221 Tract: 0010. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228 Tract: 0011. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311 VTD: 0217 PRECINCT 0217 (Part) Tract: 0004. Block(s): 216, 222 VTD: 1899 PRECINCT 1899 (Part) Tract: 0004. Block(s): 203B, 214B Tract: 0015.01 Block(s): 303B, 304, 305, 306 Commissioner District: 5 CLARKE COUNTY

2596

JOURNAL OF THE HOUSE,

VTD: 0004 PRECINCT 216-4 (Part) Tract: 0002. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 Tract: 0007. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114. 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 Tract: 0008. Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115. 116, 117, 118, 119, 120, 121, 122, 123, 126, 127, 128, 129 Tract: 0013.02 Block(s): 108A, 108B, 108C, 108D, 108E, 117A, 117B, 118A, 118B, 119A, 120A, 120B, 120C, 120D, 120E, 120F, 121A, 121B, 121C, 121D, 121E, 125, 130A, 130B, 132A, 133A, 133B, 134, 135
VTD: 005A PRECINCT 216-5A (Part) Tract: 0006. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117 Tract: 0007. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 901, 902, 903, 904, 905, 906, 907 Tract: 0008. Block(s): 201
VTD: 005B PRECINCT 216-5B (Part) Tract: 0008. Block(s): 124, 125, 130, 131, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227
VTD: 0219 PRECINCT 0219 (Part) Tract: 0013.02 Block(s): 104, 128, 131, 133C
VTD: 1347 PRECINCT 1347 (Part) Tract: 0013.02 Block(s): 101, 102, 103, 105, 106, 107, 108F, 109, 110, 111, 112, 113, 114, 115, 116, 117C, 118C, 119B, 120G, 123, 124, 126, 127, 129, 130C, 130D, 132B
VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 101, 102, 103, 104, 106, 107
Commissioner District: 6 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0008. Block(s): 102 Tract: 0013.02 Block(s): 201A, 205A, 206A, 209A, 210A, 210B, 211A, 318A VTD: 005B PRECINCT 216-5B (Part) Tract: 0008. Block(s): 209 Tract: 0013.02 Block(s): 320, 321, 322, 328A, 329, 330 VTD: 1347 PRECINCT 1347 (Part) Tract: 0013.02

WEDNESDAY, MARCH 18, 1992

2597

Block(s): 122, 201B, 202, 203, 204, 205B, 206B, 207, 208, 209B, 210C, 211B, 212, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318B, 319, 323, 324, 325, 326, 327, 328B
VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 105, 108, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 210, 501B
VTD: 144B PRECINCT 144A (Part) Tract: 0013.98 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316, 317A, 317B, 318A, 318B, 319, 401, 402, 403A, 403B, 404A, 404B, 405A, 405B, 406, 407A, 407B, 408, 409, 410, 411, 412, 501C, 502, 503, 504, 505, 506, 507, 508, 509 Tract: 0016.98 Block(s): 201B, 301C, 307B, 308B, 308D, 315B, 317B, 318B, 325B, 325D
Commissioner District: 7
CLARKE COUNTY VTD: 002A PRECINCT 216-2A (Part) Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 214 Tract: 0011. Block(s): 111, 112, 113, 114, 115, 201, 202, 203, 204 Tract: 0012. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223 Tract: 0015.02 Block(s): 306A, 418A, 419A VTD: 002B PRECINCT 216-2B (Part) Tract: 0011. Block(s): 303, 313, 314, 316 Tract: 0015.02 Block(s): 303A, 306B VTD: 003A PRECINCT 216-3A (Part) Tract: 0010. Block(s): 109, 110 Tract: 0011. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 117 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 VTD: 0217 PRECINCT 0217 (Part) Tract: 0011. Block(s): 317A, 317B, 317C Tract: 0015.02 Block(s): 301A, 301B, 302, 303B, 304, 305, 306C VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 109, 110, 111 Tract: 0015.02

2598

JOURNAL OF THE HOUSE,

Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418B, 419B
Commissioner District: 8 CLARKE COUNTY VTD: 001A PRECINCT 216-1A (Part) Tract: 0015.01 Block(s): 307A VTD: 0217 PRECINCT 0217 (Part) Tract: 0015.01 Block(s): 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 516, 517, 518, 519, 520 Tract: 0015.02 Block(s): 216 VTD: 0218 PRECINCT 0218 (Part) Tract: 0015.01 Block(s): 106, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 514, 515 VTD: 1899 PRECINCT 1899 (Part) Tract: 0015.01 Block(s): 101, 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 202, 206, 209, 210, 211, 212, 213, 214, 215, 216, 220, 221, 307B, 308, 309, 310, 311, 312, 401, 402, 403
Commissioner District: 9 This district shall be composed of Districts 1, 2, 3, and 4 combined.
Commissioner District: 10 This district shall be composed of Districts 5, 6, 7, and 8 combined.
(b) For purposes of this appendix: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Athens-Clarke County which is not included in any commissioner district described in this appendix shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Athens-Clarke County which is described in this appendix as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."

WEDNESDAY, MARCH 18, 1992

2599

Section 4. Said Act is further amended by striking Section 7-410 in its entirety and inserting in lieu thereof the following:
"Section 7-410. Continuing audit. The auditor shall conduct a continuing internal audit of the fiscal affairs and operations of every department, office, and agency of the unified government. The auditor shall present a monthly report of such continuing audit to the members of the commission and be prepared to respond to questions of the com mission regarding such report."
Section 5. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Athens-Clarke County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1493.

By Representatives McBee of the 68th, Clark of the 13th, Powell of the 13th and Thurmond of the 67th: 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 exist ing school district in the County of Clarke, so as to change the composition of the districts from which the members of the Board of Education of Clarke County are elected.

The following Committee substitute was read and adopted:

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, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, so as to change the composition of the districts from which the members of the Board of Educa tion of Clarke County are elected; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to change certain titles of members of the board; to provide for intent; to provide for a continuing internal audit and monthly report and an annual independent audit of the Clarke County School District and the board of education; to provide that the annual audit shall be available to the public; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. 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, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, is amended by striking Section 5 in its entirety and inserting in lieu thereof the following: "Section 5. (a) The Board of Education of Clarke County shall be composed of eight members to be elected as provided in this Act. For the purpose of electing mem bers of the Board of Education of Clarke County, the Clarke County School District shall be divided into eight education districts as follows:

2600

JOURNAL OF THE HOUSE,

Education District: 1. CLARKE COUNTY VTD: 001A PRECINCT 216-1A (Part) Tract: 0014.02 Block(s): 720A Tract: 0015.01 Block(s): 301A VTD: 0217 PRECINCT 0217 (Part) Tract: 0015.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217 VTD: 0218 PRECINCT 0218 (Part) Tract: 0015.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 130, 201, 218, 219, 220, 221 VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 101, 107 Tract: 0014.01 Block(s): 111, 112, 113, 114, 115, 117, 118, 144 Tract: 0014.02 Block(s): 201A, 203, 204, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303, 304, 306, 307, 308, 404, 406, 407, 408, 414, 415, 416, 417 VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 101, 102, 103, 104A, 104B, 105, 106A, 106B, 107, 108, 109, 110A, HOB, 111, 112, 113, 114, 115, 116, 118, 119, 201B, 202, 205, 206, 207, 216, 217, 218, 219, 401, 402, 403, 405, 409, 410, 411, 412, 413, 418B, 419B, 420, 501, 502, 503A, 503B, 504A, 504B, 505, 506A, 506B, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 601, 602, 603, 604, 608, 609, 612, 613, 614, 616, 617, 618, 701, 702, 703, 704, 705 VTD: 1899 PRECINCT 1899 (Part) Tract: 0014.02 Block(s): 605, 606, 607, 610, 611, 615, 707, 708, 711, 720B, 722, 723B, 726, 727, 728, 729, 731, 732 Tract: 0015.01 Block(s): 203, 204, 205, 207, 208, 217, 218, 219, 301B, 302
Education District: 2 CLARKE COUNTY VTD: 001A PRECINCT 216-1A (Part) Tract: 0003. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 355, 356, 357, 361 Tract: 0014.02 Block(s): 419A, 706A, 709, 710, 712, 713, 714, 715, 716, 717, 718, 719A VTD: 001B PRECINCT 216-2B (Part) Tract: 0003. Block(s): 102A, 103A, 104, 105, 106A, 108, 109, 112, 113, 114A, 115A, 117A, 117B, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 331

WEDNESDAY, MARCH 18, 1992

2601

Tract: 0014.02 Block(s): 418A
VTD: 0219 PRECINCT 0219 (Part) Tract: 0003. Block(s): 102B, 102C, 103B, 106B, 114B, 115B Tract: 0014.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 145, 146, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253
VTD: 0220 PRECINCT 0220 (Part) Tract: 0014.02 Block(s): 706B, 706C, 719B, 723A
VTD: 1347 PRECINCT 1347 (Part) Tract: 0014.01 Block(s): 211, 212
Education District: 3 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0001. Block(s): 106, 108, 109, 110, 111, 112, 113, 114, 115, 122, 123, 141 Tract: 0002. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138 Tract: 0005. Block(s): 102 Tract: 0006. Block(s): 110, 125, 126, 127, 128, 142, 143, 201, 202, 203, 217, 218, 219 VTD: 003B PRECINCT 216-3B (Part) Tract: 0005. Block(s): 103 Tract: 0006. Block(s): 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 Tract: 0009. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243 VTD: 005A PRECINCT 216-5A (Part) Tract: 0006. Block(s): 118, 119, 120, 121, 122, 123, 124 Tract: 0009. Block(s): 114, 115, 220 VTD: 005B PRECINCT 216-5B (Part) Tract: 0009. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113
Education District: 4 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part)

2602

JOURNAL OF THE HOUSE,

Tract: 0001. Block(s): 118, 119, 120, 121, 124, 125, 126, 127, 136, 137, 138, 139, 140, 142, 143
Tract: 0004. Block(s): 102, 103, 104, 105, 106, 107, 108, 109
Tract: 0005. Block(s): 101
VTD: 001A PRECINCT 216-1A (Part) Tract: 0001. Block(s): 128, 129, 130, 131, 132, 133, 134, 135 Tract: 0003. Block(s): 346, 347, 348, 349, 350, 351, 352, 353, 354, 358, 359, 360 Tract: 0004. Block(s): 101, 110, 201, 202, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214A, 215, 217 Tract: 0015.01 Block(s): 303A
VTD: 001B PRECINCT 216-2B (Part) Tract: 0001. Block(s): 101, 102, 103, 104, 105, 107, 116, 117
VTD: 002A PRECINCT 216-2A (Part) Tract: 0005. Block(s): 104, 105
VTD: 002B PRECINCT 216-2B (Part) Tract: 0004. Block(s): 218, 219, 220, 221 Tract: 0010. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228 Tract: 0011. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311
VTD: 0217 PRECINCT 0217 (Part) Tract: 0004. Block(s): 216, 222
VTD: 1899 PRECINCT 1899 (Part) Tract: 0004. Block(s): 203B, 214B Tract: 0015.01 Block(s): 303B, 304, 305, 306
Education District: 5 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0002. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222 Tract: 0007. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114. 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 Tract: 0008. Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115. 116, 117, 118, 119, 120, 121, 122, 123, 126, 127, 128, 129 Tract: 0013.02 Block(s): 108A, 108B, 108C, 108D, 108E, 117A, 117B, 118A, 118B, 119A, 120A, 120B, 120C, 120D, 120E, 120F, 121A, 121B,

WEDNESDAY, MARCH 18, 1992

2603

121C, 121D, 121E, 125, 130A, 130B, 132A, 133A, 133B, 134, 135 VTD: 005A PRECINCT 216-5A (Part) Tract: 0006. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117 Tract: 0007. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 901, 902, 903, 904, 905, 906, 907 Tract: 0008. Block(s): 201 VTD: 005B PRECINCT 216-5B (Part) Tract: 0008. Block(s): 124, 125, 130, 131, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227 VTD: 0219 PRECINCT 0219 (Part) Tract: 0013.02 Block(s): 104, 128, 131, 133C VTD: 1347 PRECINCT 1347 (Part) Tract: 0013.02 Block(s): 101, 102, 103, 105, 106, 107, 108F, 109, 110, 111, 112, 113, 114, 115, 116, 117C, 118C, 119B, 120G, 123, 124, 126, 127, 129, 130C, 130D, 132B VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 101, 102, 103, 104, 106, 107 Education District: 6 CLARKE COUNTY VTD: 0004 PRECINCT 216-4 (Part) Tract: 0008. Block(s): 102 Tract: 0013.02 Block(s): 201A, 205A, 206A, 209A, 210A, 210B, 211A, 318A VTD: 005B PRECINCT 216-5B (Part) Tract: 0008. Block(s): 209 Tract: 0013.02 Block(s): 320, 321, 322, 328A, 329, 330 VTD: 1347 PRECINCT 1347 (Part) Tract: 0013.02 Block(s): 122, 201B, 202, 203, 204, 205B, 206B, 207, 208, 209B, 210C, 211B, 212, 301, 302, 303, ,")4, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, S16, 317, 318B, 319, 323, 324, 325, 326, 327, 328B VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 105, 108, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 210, 501B VTD: 144B PRECINCT 144A (Part) Tract: 0013.98 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315, 316, 317A, 317B, 318A, 318B, 319, 401,

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402, 403A, 403B, 404A, 404B, 405A, 405B, 406, 407A, 407B, 408, 409, 410, 411, 412, 501C, 502, 503, 504, 505, 506, 507, 508, 509 Tract: 0016.98 Block(s): 201B, 301C, 307B, 308B, 308D, 315B, 317B, 318B, 325B, 325D Education District: 7 CLARKE COUNTY VTD: 002A PRECINCT 216-2A (Part) Tract: 0010. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 214 Tract: 0011. Block(s): 111, 112, 113, 114, 115, 201, 202, 203, 204 Tract: 0012. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223 Tract: 0015.02 Block(s): 306A, 418A, 419A VTD: 002B PRECINCT 216-2B (Part) Tract: 0011. Block(s): 303, 313, 314, 316 Tract: 0015.02 Block(s): 303A, 306B VTD: 003A PRECINCT 216-3A (Part) Tract: 0010. Block(s): 109, 110 Tract: 0011. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 116, 117 Tract: 0012. Blook(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 VTD: 0217 PRECINCT 0217 (Part) Tract: 0011. Block(s): 317A, 317B, 317C Tract: 0015.02 Block(s): 301A, 301B, 302, 303B, 304, 305, 306C VTD: 144A PRECINCT 144B (Part) Tract: 0013.98 Block(s): 109, 110, 111 Tract: 0015.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418B, 419B Education District: 8 CLARKE COUNTY VTD: 001A PRECINCT 216-1A (Part) Tract: 0015.01 Block(s): 307A VTD: 0217 PRECINCT 0217 (Part) Tract: 0015.01 Block(s): 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 516, 517, 518, 519, 520 Tract: 0015.02

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2605

Block(s): 216 VTD: 0218 PRECINCT 0218 (Part)
Tract: 0015.01 Block(s): 106, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 514, 515
VTD: 1899 PRECINCT 1899 (Part) Tract: 0015.01 Block(s): 101, 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 202, 206, 209, 210, 211, 212, 213, 214, 215, 216, 220, 221, 307B, 308, 309, 310, 311, 312, 401, 402, 403
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Clarke County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and
(5) Any part of Clarke County which is d' scribed in this section as being included in a particular education district shall nevertheless not be included within such educa tion district if such part is not contiguous to such education district. Such noncontigu ous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia. (c) Candidates offering for election to said board of education shall designate the education district for which they are offering. There shall be elected one member from each of said districts. No person shall be eligible as a candidate for election to said board of education unless such person shall have been a bona fide resident of the educa tion district for which such person is offering for at least one year immediately preced ing the date of the election. If members of the board move their residence from the respective education districts which they represent, their respective positions on the board shall thereby become vacant, and such vacancies shall be filled as provided in sub section (g) of this section. Candidates shall be elected by a majority vote of the qualified voters voting within their respective education districts as provided in subsection (d) of this section. (d) The members of the board of education shall be nominated and elected in nonpartisan primaries and elections as provided for in Code Section 21-2-139 of the O.C.G.A. The primaries shall be held on the same date as the general primary in the years during which general primaries are held and the elections shall be held on the same date as the general election in the years during which general elections are held. Except for being elected from education districts as provided for in this section, each member of the board of education shall be nominated and elected at said nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.' (e) The initial members of the Board of Education of Clarke County provided for by this section shall be elected at the general election in November, 1992, and shall take office on the first day of January next following their election. In order to provide for staggered terms, the members elected to represent Education Districts No. 1, No. 2, No.

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3, and No. 4 shall serve for initial terms of four years each and until their respective successors are elected and qualified. The members elected to represent Education Dis tricts No. 5, No. 6, No. 7, and No. 8 shall serve for initial terms of two years each and until their respective successors are elected and qualified. All board of education mem bers elected in subsequent elections after the general election of 1992 shall serve for terms of four years each and until their respective successors are elected and qualified, so that four members of the board of education shall be elected at the general election held every two years.
(f) In the event of a vacancy on the board of education for any reason, such vacancy shall be filled as follows:
(1) If the vacancy occurs during the first 20 months of a term of office, the vacancy shall be filled for the unexpired term of office by the election of a successor at a special election in the education district wherein the vacancy occurred. Such spe cial election shall be held on the same date as the election for school board members which is first held immediately following the occurrence of the vacancy. The remain ing members of the board shall appoint a qualified resident of the education district wherein the vacancy exists to fill such vacancy until it is filled by election as provided in this paragraph. The special elections provided for in this paragraph and any run-off elections that may be necessary to determine a winner by majority vote of the voters voting within the applicable education district shall be held and conducted in accord ance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.' A person elected to fill a vacancy as provided in this paragraph shall take office on the first day of January immediately following the elec tion to serve for the remainder of the unexpired term; or
(2) If the vacancy occurs during the last 28 months of a term of office, the remain ing members of the board shall appoint a qualified resident of the education district wherein the vacancy occurred to serve for the remainder of the unexpired term. (g) The president and vice-president of the Board of Education of Clarke County shall be elected from the membership of the board by a majority vote of the members. The president and vice-president shall be elected at the first regular meeting of the board held during January of each odd-numbered year and each shall serve until a suc cessor is elected by the board as herein provided. The president shall be compensated in the amount of $75.00 per meeting not to exceed $375.00 per month, and each of the other members shall be compensated in the amount of $50.00 per meeting not to exceed $250.00 per month. (h) Each member of the board of education, upon assuming office, shall take an oath faithfully to perform the duties of his office; said oath to be administered by the judge of the Superior Court of Clarke County or by the clerk of the same. The board of educa tion shall hold regular monthly meetings on a date fixed by said board but may, by reso lution, dispense with such meetings during June, July, and August of each year. The president may call special meetings upon 24 hours' written notice to the board members or shall call a special meeting upon written request of two-thirds of the board members. At all meetings a majority of the entire membership of said board shall constitute a quo rum for the transaction of business." Section 2. Said Act is further amended by striking the second paragraph of Section 24 in its entirety and inserting in lieu thereof a new second paragraph to read as follows: "The auditor of the Clarke County School System shall conduct a continuing internal audit of the fiscal affairs and operations of the school system. The auditor shall present a monthly report to the members of the board on the fiscal affairs of the school system and shall be prepared to respond to questions of the board concerning such report. Annually, and at such other times as the board of education shall deem advisable, the board shall cause a full and complete audit to be made by a certified public accountant independent of the board, of the books and affairs of said school system. Copies of said audit shall be made available to the board of commissioners and shall be made available for public inspection at the offices of the board of education during regular business hours."

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2607

Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Clarke County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. In the event that implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, the members of the board of education in office on the effective date of this Act shall continue to hold office until their successors are appointed and qualified or until enactment and approval of legislation and election and qualification of their successors thereunder.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1672.

By Representatives Coker of the 21st and Aiken of the 21st: A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the compensation of the chairman.

The following Committee substitute was read and adopted:

A BILL To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the provisions relat ing to districts for the election of commissioners; to provide for commissioner districts; to provide for definitions and insertions; to provide for the qualifications of the commission ers; to provide for the compensation of the commissioners and the chairman; to provide that the chairman shall appoint the county manager and the heads of the departments of the county government with the consent of a majority of the county commissioners; to pro vide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by striking subsec tion (a) of Section 2(A) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The commission shall consist of five members of which four members shall be known as part-time commissioners and one member shall be known as chairman. The chairman shall be elected by the voters of the entire county. The other four positions of the commission shall be designated as Commissioner District 1, Commissioner District 2. Commissioner District 3, and Commissioner District 4. Only those persons who pos sess the qualifications set forth hereinafter and who reside within that district, as here inafter described, shall be eligible to offer for election to Commissioner Districts 1, 2, 3. and 4. Persons offering for Commissioner Districts 1, 2, 3, and 4 shall be elected only by the qualified voters residing within the respective commissioner districts for which such persons offer as candidates."

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Section 2. Said Act is further amended by striking subsection (b) of Section 2A in its entirety and inserting in lieu thereof the following:
"(b) The commissioner districts shall be as follows: Commissioner District: :l
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0305.03 Block(s): 208B VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 306, 307B, 308B, 501, 502, 503, 504, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710B, 710C, 711B, 711C, 713, 714, 715, 716, 717B, 718B, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 112B, 201B, 202C VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 205B VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 VTD: 0061 MARIETTA 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01

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2609

Block(s): 919A Tract: 0304.05
Block(s): 205A Tract: 0305.02
Block(s): 112A, 114B, 305B, 317A, 318A Tract: 0305.03
Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 502A, 601, 602, 603, 604
Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0090 RED ROCK VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0305.03 Block(s): 205C, 419B, 419C
VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B VTD: OOCl OREGON 5 Commissioner District: 2 COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 VTD: 0018 DOBBINS 2 (Part)
Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D
Tract: 0304.04 Block(s): 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B
Tract: 0304.06 Block(s): 401D, 401F, 501D
Tract: 0310.01 Block(s): 910C, 910E, 925C
Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 303B, 313B, 314B, 401D, 401E, 403, 404A, 405A, 406, 407, 408, 409B, 411D
VTD: 0021 EASTSIDE VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0308. Block(s): 206B
VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05

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Block(s): 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905
VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 901A
Tract: 0304.02 Block(s): 601A, 604A, 615A
Tract: 0304.04 Block(s): 301A, 302
Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803
VTD: 0063 MARIETTA 7 VTD: 0067 MT. BETHEL 1 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 107B, 116E, 130B, 136B, 137B, 139B
VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.07 Block(s): 201B, 202B, 203A, 203F, 203G, 203H, 203J, 206B, 217, 226B, 227, 306C, 309B, 323B
VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 (Part)
Tract: 0311.07 Block(s): 204B, 204C, 205C, 205D, 205E, 205F, 207B, 303, 304, 305, 306E, 307B, 317C, 318B, 318C, 321B, 322, 324, 326
Tract: 0312.02 Block(s): 401, 402, 437B, 438F, 439B, 601C, 602, 603B, 604, 605C, 606, 607B, 608C, 608D, 609B, 612B, 612C, 613B, 613D, 613E, 613F, 650
VTD: 0079 PARKAIRE VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B
Tract: 0304.02 Block(s): 122, 127
VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 (Part)
Tract: 0310.01 Block(s): 210, 216C, 216D, 228B
Tract: 0310.02 Block(s): 120A
Tract: 0310.03 Block(s): 110A, 112A
Tract: 0311.01

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2611

Block(s): 101A, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121A, 122A, 302, 303, 311, 312, 313, 314, 315
Tract: 0311.05 Block(s): 101, 102
Tract: 0311.08 Block(s): 303A, 304, 308, 310A, 319
VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3 Commissioner District: 3 COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0010 BISHOP LAKE VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0023 ELIZABETH 2 (Part)
Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 309, 310, 311, 409, 601B
VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301
VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306, 401, 402B, 404, 405, 406B
VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part)
Tract: 0304.01 Block(s): 907B, 908, 920B, 920C
VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4 VTD: 0043 GRITTERS 5 VTD: 0044 GRITTERS 6 VTD: 0045 GRITTERS 7 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 906A, 907A, 920A, 920D
Tract: 0305.03 Block(s): 302A, 402A, 403, 406A, 501A, 502B, 503A
VTD: 0068 MT. BETHEL 2 VTD: 0081 POST OAK 1

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VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 203, 204, 205, 206, 207, 208, 920E
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
VTD: OOB3 CRITTERS 8 VTD: OOB4 CRITTERS 11 VTD: OOB5 CRITTERS 10 VTD: OOB7 CRITTERS 9 Commissioner District: 4 COBB COUNTY VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0018 DOBBINS 2 (Part)
Tract: 0304.04 Block(s): 101E
Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401E
Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B
Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B
Tract: 0311.08 Block(s): 301, 302, 305, 306, 307, 309, 310B, 311, 312, 313C, 316, 317, 318, 320B, 321B, 322, 404B, 405C
VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 VTD: 0056 MACLAND VTD: 0057 MARIETTA 1 VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 105B, 112, 116D, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130C, 132, 135C, 136C, 601, 602, 603, 604, 615, 620, 621, 623, 624, 625

WEDNESDAY, MARCH 18, 1992

2613

Tract: 0311.06 Block(s): 409, 410
Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422
VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.05 Block(s): 113, 114, 131, 134, 139C, 605, 606, 607, 608, 609B, 610, 611, 612, 613, 614, 616, 617, 618, 619, 622, 627 Tract: 0311.06 Block(s): 412 Tract: 0311.07 Block(s): 315B, 401B, 402, 403, 409A, 409C, 409D, 410, 416B, 417, 418B, 421B
VTD: 0074 OAKDALE 2 (Part) Tract: 0311.07 Block(s): 306D Tract: 0312.02 Block(s): 320, 321, 322, 323, 324B, 326, 328, 331B, 613C
VTD: 0076 OREGON 2 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA1 SMYRNA 6 (Part)
Tract: 0310.03 Block(s): 113A
VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOC2 BIRNEY 2
For purposes of this subsection: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Cobb County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contig uous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Cobb County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 3. Said Act is further amended by striking subsection (c) of Section 2A in its entirety and inserting in lieu thereof the following:
"(c) Each person offering for Commissioner Districts 1, 2, 3, and 4 shall be a resident of the district created by this section which he or she offers to represent and shall be

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elected by a majority vote of the qualified voters of such district voting in such elec tion."
Section 4. Said Act is further amended by striking paragraph (C) of Section 2 in its entirety and inserting in lieu thereof the following:
"(C) Qualifications of Commission Members. Members of the commission, other than the chairman, shall be citizens of this state who have attained the age of 25 years and who have been residents of their respective district for not less than one year preceding their qualifying date and shall hold no other elective public office."
Section 5. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. Election and Term of Commissioners and Chairman, (a) The persons serving from Commissioner Posts 2 and 4 under the law in effect immediately prior to the effective date of this section shall serve the remainder of their respective terms which shall expire December 31, 1992, and until their respective successors are duly elected and qualified. Their respective successors who are first elected from the new Commissioner Districts 2 and 4, as constituted under subsection (a) of Section 2(A) of this Act, shall be elected at the general election of 1992 and take office the first day of January, 1993, to serve for terms of four years each and until their respective succes sors are duly elected and qualified.
(b) The persons serving from Commissioner Posts 1 and 3 under the law in effect immediately prior to the effective date of this section shall serve the remainder of their respective terms which shall expire December 31, 1994, and until their respective succes sors are duly elected and qualified. Their respective successors who are first elected from the new Commissioner Districts 1 and 3, as constituted under subsection (a) of Section 2 (A) of this Act, shall be elected at the general election of 1994 and take office the first day of January, 1995, to serve for terms of four years each and until their respective successors are duly elected and qualified. Any person elected in a special election pursu ant to Section 5 of this Act to fill the unexpired term of either Commissioner Post 1 or 3 after the effective date of this Act shall serve the remainder of that term until December 31, 1994.
(c) The person serving as chairman on January 1, 1992, shall serve for the remainder of his term as chairman, which term shall expire December 1, 1992, and until that person's successor is duly elected and qualified pursuant to subsection (d) of this sec tion.
(d) After the initial terms of commissioners specified in subsections (a) and (b) of this section and after the expiration of the term of the chairman under subsection (c) of this section, successors to commission members and the chairman whose terms are to expire shall be elected at the general election immediately preceding the expiration of those terms and take office the first day of January following their election, to serve for terms of four years each and until their respective successors are duly elected and quali fied.
(e) Neither the chairman nor any commissioner shall be qualified to offer for election to any commissioner district other than the one in which he is serving without first resigning from the commissioner district in which he or she at that time is serving."
Section 6. Said Act is further amended by striking Section 8 and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Compensation, (a) Commissioners, other than the chairman, shall be paid as their entire compensation for services as same the sum of $19,000.00 per annum, pay able monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation the sum of $34,000.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which said chairman or any commissioner shall be entitled. The chairman and the commission ers may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following:

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(1) Mileage reimbursement for the use of a personal automobile while conducting county business;
(2) Secretarial services, if required, over and above the services normally provided by the county; and
(3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or official county business conducted outside of Cobb County, (b) Expenses may be reimbursed only after the submission of receipts lor said expenses to the county comptroller and the approval by majority vote of the commission at a regularly scheduled meeting. The chairman and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law." Section 7. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows: "Section 10. The chairman shall be the chairman of the board of commissioners of the county, shall preside over meetings of the commission, shall appoint the vice-chairman of the commission on an annual basis, shall appoint the committee chairmen, and shall appoint the heads of the departments of the county government from a list provided by the county manager and with the consent of a majority of the commission members and chairman." Section 8. Said Act is further amended by striking subsections (a) and (b) of Section 10B in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) There is created the office of county manager of Cobb County who shall be appointed by the chairman with the consent of the commissioners. The qualifications, term of office, compensation, procedure for removal or suspension, method of filling vacancies, and other related matters pertaining to the office of county manager shall be provided for by resolution of the board of commissioners of Cobb County. (b) In his or her discretion, the chairman of the board of commissioners of Cobb County may select a person for the office of county manager solely upon the person's executive and administrative qualifications with specific reference to actual experience in or knowledge of accepted practices in respect to the duties of the office. In his or her discretion, the chairman of the board of commissioners may require any person appointed to the office of county manager to hold a bachelor's degree in business admin istration, accounting, finance, or related fields and possess at least five years' experience as a county or city manager or as an assistant county or city manager; or the chairman of the board of commissioners may require any person appointed to the office of county manager to hold a master's degree in any of the aforementioned fields and possess at least three years' experience as a county or city manager or as an assistant county or city manager." Section 9. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Cobb County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 10. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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HB 1725. By Representatives Jamieson of the llth and Dover of the llth: A bill to repeal an Act providing for the compensation of members of the board of county commissioners in each county having a population of not less than 8,335 and not more than 8,725 according to the United States decennial census of 1970 or any future such census.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1733. By Representatives Purcell of the 129th, Barfoot of the 120th, Bates of the 141st and Long of the 142nd: A bill to amend Code Section 36-62-4 of the Official Code of Georgia Anno tated, relating to development authorities created by local resolution, so as to provide that in certain counties the board of directors of development authorities created by constitutional amendment may assume the powers and responsibilities of a development authority created by local resolution pursu ant to general law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1737.

By Representative Hanner of the 131st: A bill to amend an Act providing a new charter for the City of Smithville, so as to provide that the city council shall be composed of four members.

The following Committee substitute was read and adopted:

A BILL To amend an Act providing a new charter for the City of Smithville, approved Febru ary 11, 1977 (Ga. L. 1977, p. 2510), so as to provide that the city council shall be composed of four members; to provide for a quorum; to provide for the creation of four council wards; to provide for a description of the wards; to provide for the manner of electing members of the city council and provide for terms and election dates; to provide for sub mission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; 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 Smithville, approved Feb ruary 11, 1977 (Ga. L. 1977, p. 2510), is amended by striking Section 2.10 in its entirety and inserting in lieu thereof a new Section 2.10 to read as follows: "Section 2.10. Creation. The legislative authority of the City of Smithville, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by Article V of this charter." Section 2. Said Act is further amended by striking Section 2.33 in its entirety and inserting in lieu thereof a new Section 2.33 to read as follows:

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"Section 2.33. Quorum; voting. Three councilmembers shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordi nances shall be taken by voice vote and the ayes and nays shall be recorded in the jour nal but any member of the council shall have the right to request a roll call vote. The affirmative vote of three councilmembers shall be required for the adoption of any ordi nance, resolution, or motion except as otherwise provided in this charter.'"
Section 3. Said Act is further amended by striking Section 5.10 in its entirety and inserting in lieu thereof a new Section 5.10 to read as follows:
"Section 5.10. Election of officers, (a) For the purpose of electing the four members of the city council, the City of Smithville shall be divided into four council wards to be designated Ward 1, Ward 2, Ward 3, and Ward 4 to be described as follows:
Ward #1 Ward no. 1 is generally described as that area within the western section of the City contained, or bounded on the south by West Church St.; bounded on the east by North Stanton Drive; bounded on the north by private property line as shown on official map; and on the west by the corporate limits boundary line. Ward #2 Ward no. two is generally described as that area within the southwestern section of the City having north boundary on Georgia Highway 118; having eastern boundary on Boulevard Street, S.E. and North Stanton Drive and its northern boundary on John Street, N.E. and certain parts of the northern corporate limits. Ward #3 Ward No. three is generally described as that area within the northeastern and south eastern sections of the City having its western boundary at Boulevard Street, S.E., John Street, S.E., and North Stanton Drive; and have its eastern boundary at the eastern cor porate limits. Ward #4 Ward no. four is generally described as that area of the City within the western sec tion having its southern boundary on Georgia Highway 118; its eastern boundary at South Stanton Street; north boundary at West Church Street and western boundary at Rhodes Street, S.W. (b) There shall be one councilmember elected from each ward as provided in subsec tion (a) of this section. Any person seeking election as a councilmember shall designate the council ward in which he seeks election. Councilmembers shall be elected by a majority vote of the voters voting in their respective wards. Only the qualified voters of a ward shall be entitled to vote for candidates seeking membership on the city council from that ward. Each candidate for the office of councilmember shall reside within the respective ward which he offers to represent. If members of the council move their resi dences from the wards they represent, their respective positions on the council shall become vacant. (c) Those councilmembers in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified. (d) (1) There shall be two successors to those councilmembers whose terms of office shall expire in 1992, who shall be elected at the general municipal election on the Wednesday preceding the first Saturday in December, 1992, and every two years thereafter, to represent Ward 1 and Ward 2 for terms of office of two years and until their successors are elected and qualified.
(2) Successors to such councilmembers representing Ward 1 and Ward 2 shall be elected on the Tuesday next following the first Monday in November prior to the expiration of the terms of office and shall serve for terms of office of two years and until their successors are elected and qualified. (e) There shall be two successors to those councilmembers whose terms of office shall expire in 1994, who shall be elected at the general municipal election on the Tuesday next following the first Monday in November, 1994, and every two years thereafter, to represent Ward 3 and Ward 4 for a term of office of two years and until their successors are elected and qualified.

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(f) At the general municipal election on the Tuesday next following the first Monday in November, 1994, and every two years thereafter, the mayor shall be elected for a term of two years and until a successor is elected and qualified. The mayor shall be elected by a majority vote of the voters voting on a city-wide basis."
Section 4. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of the City of Smithville to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1891.

By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Code Section 48-5-492 of the Official Code of Georgia Anno tated, relating to issuance of mobile home location permits, so as to change the provisions relating to population brackets and the census relative to the time for obtaining a permit in certain counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1892.

By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Code Section 48-5-301 of the Official Code of Georgia Anno tated, relating to time for presentation of returns by a tax receiver or tax commissioner, so as to change the provisions relating to population brackets and the census relative to presentation of tax returns in certain counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1893.

By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Anno tated, relating to the time for making tax returns, so as to change the provi sions relating to population brackets and the census relative to the time for making tax returns in certain counties.

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2619

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1897.

By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: 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 population brackets and the census rela tive to the time for completion of revision and assessment of returns in cer tain counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1907.

By Representatives Smith of the 78th, Dunn of the 73rd, Jenkins of the 80th, Lawson of the 9th, Jackson of the 9th and others: A bill to repeal an Act entitled "An Act to create the office of assistant dis trict attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1916. By Representative Blitch of the 150th: A bill to provide a charter for the City of Fargo.

The following Committee substitute was read and adopted:

A BILL To provide a charter for the City of Fargo; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to pro vide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to pro vide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assess ments; to provide for bonded and other indebtedness; to provide for accounting and bud geting; to provide for purchases; to provide for the sale of property; to provide for bonds

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for officials; to provide for eminent domain; to provide for penalties; to provide for defini tions and 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: ARTICLE I
INCORPORATION AND POWERS Section 1.10. Incorporation. The City of Fargo in Clinch County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Fargo." References in this charter to "the city" or "this city" refer to the City of Fargo. The city shall have perpetual existence. Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be as described in subsection (b) of this section, with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Fargo, Georgia." Photographic, typed, or other copies of such map or descrip tion certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The corporate limits of the City of Fargo shall include: all that tract of land lying and being within Land Lots 270, 271, 321, 322 and 323 of the 13th Land District of Clinch County, Georgia. Begin at a point where the southern boundary of Land Lot 323 intersects the centerline of the Suwannee River. Said point is the southeastern corner and the point and place of beginning for the City Limits of Fargo, Georgia. Thence, proceed westerly along the southern boundary of said Lot 323 to the southwest corner of said Lot. Thence, proceed in a southerly direction along the eastern boundary of Land Lot 344 for a distance of 1,320 feet. Thence, proceed westerly and parallel with the northern boundary of said Lot 344 to the point where said line intersects the western boundary of said Lot 344. Thence, proceed northerly along the western boundary of said Lot 344 a distance of 1,320 feet + to the northwest corner of said Lot 344. Thence, proceed westerly along the south ern boundary of Land Lot 321 to the point where said line intersects the centerline of Suwanoochee Creek. Thence, proceed northerly along the run of said creek to the point where the northern boundary of Land Lot 322 intersects the centerline of said Suwanoochee Creek. Thence, proceed easterly along the northern boundary of said Lot 322 to the northeast corner of said Lot. Thence, proceed northerly along the eastern boundary of Land Lot 271 to a point where an east - west Mid-Lot Line, dividing Lot 270 into equal halves, intersects said Lot Line. Thence, proceed easterly along said Mid-Lot Line a dis tance of 3,150 feet to a point. Thence, proceed southerly to the point where the northern boundary of Land Lot 323 intersects the centerline of the Suwannee River. Thence, pro ceed along the run of said river to the point and place of beginning. Said tract contains approximately 1,148 acres and is further illustrated by an aerial photograph, dated 11/1991, flown for the purpose of establishing these Corporate City Limits of Fargo, Geor gia. Section 1.12. Municipal powers, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and com pletely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The spe cific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the fol lowing:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;

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(2) Animal regulations. To regulate and license or to prohibit the keeping or run ning at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordi nance; and to provide punishment for violation of ordinances enacted under this para graph;
(3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city;
(4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt build ing, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees;
(6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash col lection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corpora tions residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards;
(14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise con trol over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;

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(16) Municipal agencies and delegation of power. To create, alter, or abolish depart ments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers con ferred upon or delegated to the same;
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose of, and hold in trust or oth erwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sew ers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the with drawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurte nances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance;
(21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property;
(22) Penalties. To provide penalties for violation of any ordinances adopted pursu ant to the authority of this charter and the laws of the State of Georgia;
(23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the mayor and city council deem necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;
(24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency;
(25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;
(26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, air ports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial;
(29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the stan dards and conditions of service applicable to the service to be provided by the fran chise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any

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and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
(31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and exe cute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on oppo site sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be pro vided by ordinance; and to authorize and control the construction of bridges, over passes, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system;
(34) Solid waste disposal. To provide for the collection and disposal of garbage, rub bish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explo sive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regu late, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(36) Special assessments. To levy and provide for the collection of special assess ments to cover the costs of any public improvement;
(37) Ad valorem taxes. To levy and provide for the assessment, valuation, revalua tion, and collection of taxes on all property subject to taxation;
(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordi nance; and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment pro gram; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, privi leges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all

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powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of oth ers, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immu nities of the city, its officers, agencies, or employees shall be carried into execution as pro vided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Geor gia.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL Section 2.10. City council creation; composition; number; election, (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. (b) Except for initial terms set out in Section 2,11 of this charter, the mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless such person shall have been a resident of this city for 12 months immediately pre ceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a writ ten notice with the clerk of said city affirming a desire for his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligi ble for the office of mayor or councilmember unless such person shall file said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Munic ipal Election Code." Section 2.11. Elections, (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chap ter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code." Except as other wise provided by this charter, the mayor and city council shall, by ordinance, prescribe such rules and regulations they deem appropriate to fulfill any options and duties under the "Georgia Municipal Election Code." (c) For the purpose of electing members of the council, the City of Fargo shall con sist of four election districts as follows: Council District 1: All that certain tract or parcel of land situate, lying and being in Land Lot 270 in the 13th Land District of Clinch County, Georgia and being designated as District Number 1 in the Town of Fargo, Georgia and more particularly described as follows: Bounded on the north by other lands of Superior Pine Products Company; bounded on the East by other lands of Superior Pine Products Company and the run of Suwannee River; bounded on the south and west in part by the north margin of U.S. Highway 441, in part by the north margin of Southern Railway Right of Way and in part by other lands of Superior Pine Products Company. Council District 2: All that certain tract or parcel of land situate, lying and being in Land Lot 322 & 323 in the 13th Land District of Clinch County, Georgia and being designated as Dis trict #2 and more particularly described as follows:

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Bounded on the north by the north lot line of Land Lot 323 in the 13th District; bounded on the east by the south margin of the Southern Railway Right of Way, bounded on the south by the north margin of State Highway 94 and bounded on the west by the run of Suwannoochee Creek.
Council District 3: All that certain tract or parcel of land situate, lying and being in Land Lot 322 &
323 in the 13th Land District of Clinch County, Georgia and being designated as Tract # 3 and being more particularly described as follows:
Bounded on the north by the south margin of State Highway 94; bounded on the East, South and West by the paved road leading south from State Highway 94 to the homeplace of J.E. Griffis and continuing along said paved road in a southerly, west erly and northerly direction back to its intersection with State Highway 94. Council District 4:
All that certain tract or parcel of land situate, lying and being in Land Lots 321, 322, 323 and 344 in the 13th Land District of Fargo, Georgia and designated as Tract # 4 and more particulary described as follows: Bounded on the north by the south margin of State Highway 94; bounded on the east in part by the west margin of U.S. Highway 441 and in part by the run of Suwannee River; in part by the lands of Supe rior Pine Products Company and P.M. Alien Estate, bounded on the south by lands of J.E. Griffis and P.M. Alien Estate and lands of Hardy Johnson and the north lot line of lot 344; the south lot line of lots 321, 322 and 323 and bounded on the west by the run of Suwannoochee Creek.
Less and Except: All that certain tract described as District Number 3. (d) The first mayor and councilmembers shall take office within 15 days after notice of no current objections to the provisions of the charter by the United States Department of Justice. The first mayor shall be Herbert Croft and the first councilmembers shall be Dell Highsmith for District 1, Bill Eickhorn for District 2, Steiner Jones for District 3, and Hardy Johnson for District 4. (e) The first mayor shall serve until his or her successor is elected and qualified. The successor to the first mayor shall be elected on the Tuesday next following the first Mon day in November, 1993, and shall take office on January 1, 1994. Thereafter, each mayor shall be elected quadrennially on the Tuesday next following the first Monday in Novem ber, shall take office on the first day of January following the election, and shall serve a term of four years and until his or her successor is elected and qualified. (f) The first councilmembers from Districts 1 and 3 shall serve until their respective successors are elected and qualified. The successors to the first councilmembers from Dis tricts 1 and 3 shall be elected on the Tuesday next following the first Monday in Novem ber, 1993, and shall take office on January 1, 1994. Thereafter, each councilmember from District 1 or District 3 shall be elected quadrennially on the Tuesday next following the first Monday in November, shall take office on the first day of January following the elec tion, and shall serve a term of four years and until his or her successor is elected and qual ified. (g) The first councilmembers from Districts 2 and 4 shall serve until their respective successors are elected and qualified. The successors to the first councilmembers from Dis tricts 2 and 4 shall be elected on the Tuesday next following the first Monday in Novem ber, 1995, and shall take office on January 1, 1996. Thereafter, each councilmember from District 2 or District 4 shall be elected quadrennially on the Tuesday next following the first Monday in November, shall take office on the first day of January following the elec tion, and shall serve a term of four years and until his or her successor is elected and qual ified. (h) Candidates for election to the council shall live in the district they seek to repre sent and shall be elected by the voters of the district.

Section 2.12. Vacancies in office, (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.

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(2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining members shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those members of the city council remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members of the city council remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and con ducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended. Section 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. Section 2.14. Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 2.15. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. Section 2.16. Prohibitions, (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of such official's, officers's, or employee's judgment or action in the performance of official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of such official's, officer's, or employee's judgment or action in the performance of official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body which the official or officer represents or which employs the employee without proper legal authorization or use such information to advance the financial or other private interest of the official, officer, employee, or oth ers;
(4) Accept any valuable gift, whether in the form of service, loan, object, or prom ise, from any person, firm, or corporation which the official, officer, or employee knows to be interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body which the official or officer represents or which employs the employee; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or in the making of any con tract with any business or entity in which such official, officer, or employee has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the mayor and city council. The mayor or any councilmember who has a private interest in any matter pending before the mayor and city council shall disclose such private interest and such disclosure shall be entered on the records of the mayor and city council, and said mayor or councilmember shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political

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entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
(c) No elected official, appointed officer, or employee of {he city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the mayor and city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the mayor and city council.
(e) Except as authorized by law, no member of the city council shall hold any other elective city office or other city employment during the term for which such councilmember was elected.
Section 2.17. Removal of officers, (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accom plished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the mayor and city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the mayor and city council to the Superior Court of Clinch County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the pro bate court; or (2) By an order of the Superior Court of Clinch County following a hearing on a complaint seeking such removal brought by any resident of the City of Fargo.
ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY, AND ORDINANCES Section 3.10. General power and authority. Except as otherwise provided by this charter, the mayor and city council shall be vested with all the powers of government of this city as provided by Article I of this charter. Section 3.11. Organization, (a) The mayor and city council shall hold an organiza tional meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: "I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America." (b) By a majority vote, the members of the city council shall elect a councilmember to serve as mayor pro tempore. In the absence or disability of the mayor, the mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and

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powers of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The members of the city council shall by majority vote elect a presid ing officer from their number for any period in which the mayor pro tempore is disabled or absent. Such absence or disability shall be declared by majority vote of the members of the city council. The mayor shall not vote for mayor pro tempore, for presiding officer in case the mayor pro tempore is disabled or absent, or to declare the disability or absence of the mayor.
Section 3.12. Inquiries and investigations. The mayor and city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the mayor and city council shall be punished as provided by ordinance.
Section 3.13. Meetings, (a) The mayor and city council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meet ing. Such notice to the mayor and councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any spe cial meeting may be waived by the mayor or a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in the mayor's or such councilmember's presence. Only the busi ness stated in the call may be transacted at the special meeting.
(c) All meetings of the mayor and city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
Section 3.14. Procedures, (a) The mayor and city council shall adopt rules of proce dure and an order of business consistent with the provisions of this charter and shall pro vide for keeping a journal of proceedings which shall be a public record.
(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
Section 3.15. Voting, (a) Except as otherwise provided in this charter, the mayor shall vote on all questions before the mayor and council and shall be counted toward a quorum or a requisite number of votes on a particular question as a councilmember.
(b) Except as otherwise provided in subsection (c) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the mayor and city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but the mayor or any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
(c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the mayor and city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, reso lution, or motion.
Section 3.16. Ordinances, (a) Every proposed ordinance shall be introduced in writ ing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Mayor and Council of the City of Fargo hereby ordain..." and every ordinance shall so begin.
(b) An ordinance may be introduced by the mayor or any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the mayor and city council in accordance with the rules which the

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mayor and city council shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a rea sonable number of copies in the office of the clerk and at such other public places as the mayor and city council may designate.
Section 3.17. Effect of ordinances. Acts of the mayor and city council which have the force and effect of law shall be enacted by ordinance.
Section 3.18. Emergencies. To meet a public emergency affecting life, health, prop erty, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordi nance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordi nance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 3.19. Codes, (a) The mayor and city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances gen erally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 3.20. Codification of ordinances, (a) The clerk's signature shall authenticate all ordinances adopted by the mayor and council, and the clerk shall record all such ordi nances in full in a properly indexed book kept for that purpose.
(b) The mayor and city council shall provide for the preparation of a general codifi cation of all the ordinances of the city having the force and effect of law. The general codi fication shall be adopted by the mayor and city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the mayor and city council may specify. This compilation shall be known and cited officially as "The Code of the City of Fargo, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the mayor and city council.
(c) The mayor and city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the mayor and city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suit able in form for incorporation within the code. The mayor and city council shall make such further arrangements as deemed desirable with reproduction and distribution of any

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changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Section 3.21. Election of mayor; forfeiture; compensation. The election of the mayor shall be conducted pursuant to the provisions of Section 2.11 of this charter. The eligibil ity of candidates for mayor shall be determined in accordance with subsection (b) of Sec tion 2.10 of this charter. The mayor shall forfeit office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be estab lished in the same manner as for councilmembers.
Section 3.22. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial
purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved con
tracts, ordinances, and other instruments executed by the city which by law are required to be in writing;
(5) Except as otherwise provided by this charter, vote on matters before the city council and be counted toward a quorum or toward a requisite number of votes on a particular question as any other councilmember;
(6) Prepare and submit to the city council a recommended annual operating bud get and recommended capital budget; and
(7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.
ARTICLE IV ADMINISTRATIVE AFFAIRS Section 4.10. Department heads, (a) Except as otherwise provided in this charter, the mayor and city council by ordinance shall prescribe the functions or duties and estab lish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and govern ment of this city. (b) Except as otherwise provided by this charter or by law, the directors of depart ments and other officers of the city shall be appointed solely on the basis of their respec tive administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensa tion as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of such department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the remaining members of the city council. The mayor may suspend or remove directors under the mayor's supervision but such suspen sion or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the remaining members of the city coun cil which, after a hearing, may override the mayor's action by a vote of three councilmembers; the mayor shall not vote in such case. Section 4.11. Boards, (a) The mayor and city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasilegislative function the mayor and city council deem necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and city council for such terms of office and in such manner as

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shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The mayor and city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commis sion, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as oth erwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until after executing and filing with the clerk of the city an oath obligating himself or herself to per form faithfully and impartially the duties of office, such oath to be prescribed by ordi nance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three councilmembers.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice chair, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordi nance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
Section 4.12. City attorney. The mayor and city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the" mayor and city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the mayor and council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of such position of city attorney. The mayor and city council shall provide for the compensation of the city attorney.
Section 4.13. City clerk. The mayor and city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the mayor and city council. The mayor and city council shall provide for the compensation of the city clerk.
Section 4.14. Treasurer. The mayor and city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The mayor and city council shall provide for the compensation of the treasurer.
Section 4.15. Rules and regulations. The mayor and city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of pro motion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and

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(5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE V JUDICIAL BRANCH Section 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Fargo. Section 5.11. Judges, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless such person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the mayor and city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, to honestly and faithfully discharge the duties of office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter. Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. Section 5.13. Powers, (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprison ment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for viola tion of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have dis cretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hear ing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court shall have the authority to bind prisoners over to the appro priate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties neces sary to a proper disposal of each case by the issuance of summonses, subpoenas, and war rants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

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(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and partic ularly by such laws as authorize the abatement of nuisances and prosecution of traffic vio lations.
Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Clinch County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 5.15. Rules. With the approval of the mayor and city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; pro vided, however, that the mayor and city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI FINANCE
Section 6.10. Property tax. The mayor and city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing govern mental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the mayor and city council in their discretion.
Section 6.11. Millage. The mayor and city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The mayor and city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary pay ment of taxes prior to the time when due.
Section 6.12. Occupation taxes and business license fees. The mayor and city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who trans act business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The mayor and city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may com pel the payment of such taxes as provided in Section 6.18 of this charter.
Section 6.13. Licenses. The mayor and city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or per mit where such activities are not now regulated by general law in such a way as to pre clude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The mayor and city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The mayor and city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas compa nies, transportation companies, and other similar organizations. The mayor and city coun cil shall determine the duration, terms, whether the same shall be exclusive or

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nonexclusive, and the consideration for such franchises; provided, however, that no fran chise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The mayor and city council shall provide for the registration of all franchises in a registration book kept by the city clerk. The mayor and city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Sewer fees. The mayor and city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.16. Roads. The mayor and city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improv ing any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes. The mayor and city council by ordi nance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
Section 6.19. Borrowing. The mayor and city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by the mayor and city council as state law now or hereafter provides. Such bonds are to be paid out of any reve nue produced by the project, program, or venture for which they were issued.
Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
Section 6.22. Accounting and budgeting. The mayor and city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activ ity of the city government.
Section 6.23. Budget ordinance. The mayor and city council shall provide an ordi nance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including require ments as to the scope, content, and form of such budgets and programs. The mayor and city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A.
Section 6.24. Operating budget. On or before a date fixed by the mayor and city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year.

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The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the mayor may deem pertinent. The operat ing budget, the capital improvements budget, the budget message, and all supporting doc uments shall be filed in the office of the city clerk and shall be open to public inspection.
Section 6.25. Adoption, (a) The mayor and city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appro priations from any fund shall not exceed the estimated fund balance, reserves, and reve nues.
(b) After the conducting of a budget hearing, the mayor and city council shall adopt the final operating budget for the ensuing fiscal year not later than February 1 of each year. If the mayor and city council fail to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the mayor and city council adopt a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropria tions or allotments thereof to which it is chargeable.
Section 6.26. Levy of taxes. Following adoption of the operating budget, the mayor and city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.
Section 6.27. Changes in budget. The mayor and city council by majority vote may make changes in the appropriations contained in the current operating budget at any regu lar meeting or special or emergency meeting called for such purposes.
Section 6.28. Capital improvements, (a) On or before the date fixed by the mayor and city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with the mayor's recommendations as to the means of financing the improvements proposed for the ensuing year. The mayor and city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The mayor and city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter.
(b) After the conducting of a public hearing, the mayor and city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than June of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the mayor's recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the mayor and city council.

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Section 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the mayor and city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
Section 6.30. Procurement and property management. No contract with the city shall be binding on the city unless:
(1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the mayor and city council and such approval is entered in the mayor and city council journal of proceedings pursuant to Section 3.14 of this charter. Section 6.31. Purchasing. The mayor and city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.32. Sale of property, (a) The mayor and city council may sell and convey any real or personal property owned or held by the city for governmental or other pur poses as now or hereafter provided by law. (b) The mayor and city council may quitclaim any rights the city may have in prop erty not needed for public purposes upon request by the mayor and adoption of a resolu tion, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by~such work from a larger tract or boundary of land owned by the city, the mayor and city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS Section 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor and city council shall from time to time require by ordinance or as may be provided by law. Section 7.11. Definitions and construction, (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.12. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7.13. General repealer. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 138, nays 0.

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The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1941.

By Representative Morsberger of the 62nd: A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to lengthen the period of time for which the city may grant a franchise.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1948.

By Representative Hudson of the 117th: A bill to amend an Act to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board, so as to change the composition of the commission districts.

The following Committee substitute was read and adopted:

A BILL To amend an Act to provide for nonpartisan nomination and election of the members of the Board of Education of Pulaski County, approved March 19, 1987 (Ga. L. 1987, p. 4241), so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for the election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for auto matic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to provide for nonpartisan nomination and election of the mem bers of the Board of Education of Pulaski County, approved March 19, 1987 (Ga. L. 1987, p. 4241), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: "Section 2. (a) The Board of Education of Pulaski County shall be composed of seven members who shall be elected as provided in this Act. The members of the Board of Education of Pulaski County in office on the effective date of this Act shall serve out the remainder of the terms for which they were elected. (b) For the purpose of electing the members of said board of education, Pulaski County shall be divided into seven education districts as follows: Education District: 1
PULASKI COUNTY VTD: 1601 HAWKINSVILLE (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118B, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 135, 136, 137, 138, 139, 140, 141B, 142, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 168, 169, 170, 506A, 506B, 507A, 507B, 510A, 510B, 528 VTD: 1602 HARTFORD (Part)

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Tract: 9501. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 128, 131, 132, 142, 145

Education District: 2

PULASKI COUNTY VTD: 1601 HAWKINSVILLE (Part) Tract' 9502 Block(s): 118A, 118C, 143, 163A, 163B, 163C, 163D, 201, 202, 203, 204, 301, 302, 303, 304, 305, 310, 311, 312, 313, 314A, 314B, 315, 316, 317, 318, 319, 320, 324, 325, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 411, 412, 413, 414, 415, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 441, 442

Education District: 3

PULASKI COUNTY VTD: 1601 HAWKINSVILLE (Part) Tract: 9502. Block(s): 141A, 164, 165, 166, 167A, 167B, 167C, 171, 172A, 172B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 306, 307, 308, 309, 321, 322, 323, 331, 501, 502, 503, 504, 505, 511, 512, 513, 514, 515, 516, 521

Education District: 4

PULASKI COUNTY

- - --

VTD: 1601 HAWKINSVILLE (Part)

Tract: 9502.

Block(s): 134, 508, 509A, 509B, 509C, 517, 518, 519, 523, 524, 525, 526,

527, 529, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538,

539A, 539D, 539E, 539F, 539G, 539H, 601, 602, 603, 604,

605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 618,

619, 620B, 621, 622, 623

Education District: 5

PULASKI COUNTY VTD: 1603 DUPREE VTD: 1605 BLUE SPRINGS VTD: 1606 FINLEYSON

Education District: 6

PULASKI COUNTY VTD: 1601 HAWKINSVILLE (Part) Tract: 9502. Block(s): 408, 409, 410, 416, 417, 418, 419, 420, 421, 432, 433, 434, 435, 436, 437, 438, 439, 440, 520, 522, 539B, 539C, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549A, 549B, 550A, 550B, 617, 620A, 624A, 624B, 625, 626A, 626B, 627A, 627B, 627C, 628A, 628B, 629A, 629B, 630, 631A, 631B, 632, 633, 634A, 634B, 635, 636, 637, 638A, 638B, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657

Education District: 7

PULASKI COUNTY VTD: 1602 HARTFORD (Part)

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Tract: 9501. Block(s): 126, 127, 129, 130, 133, 134, 135, 136, 137, 138, 139, 140, 141, 143, 144, 146, 147, 148, 149, 150, 151, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 219, 220, 222, 223, 227
VTD: 1604 MITCHELL (c) For purposes of this section:
(1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Pulaski County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and
(5) Any part of Pulaski County which is described in this section as being included in a particular education district shall nevertheless not be included within such educa tion district if such part is not contiguous to such education district. Such noncontigu ous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia. (d) Education Districts 1, 2, 3, 4, 5, 6, and 7 as they existed on January 1, 1992, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former education dis tricts shall be deemed to be serving from and representing their respective districts as newly described under this section. (e) (1) The members of the board of education in office on January 1, 1992, repre senting former Education Districts 3, 4, and 7 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1996. At the general election in 1996 and every six years thereafter, members of the board shall be elected from Education Districts 3, 4, and 7 pursuant to this Act.
(2) The members of the board of education in office on January 1, 1992, represent ing former Education Districts 2, 5, and 6 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every six years thereafter, members of the board shall be elected from Education Districts 2, 5, and 6 pursuant to this Act.
(3) The member of the board of education in office on January 1, 1992, represent ing former Education District 1 shall serve out the remainder of the term to which such member was elected, such term expiring on December 31, 1994. At the general election in 1994 and every six years thereafter, a member of the board shall be elected from Education District 1 pursuant to this Act. (f) Successors to the members of the Board of Education of Pulaski County nomi nated and elected under subsections (a), (b), (c), (d), and (e) of this section and future successors shall be nominated and elected at nonpartisan primaries and elections held immediately preceding the expiration of their respective terms of office, as provided in Section 3 of this Act, and shall take office on the first day of January immediately fol lowing their election for terms of six years and until their successors are elected and qualified."

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Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Pulaski County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2011.

By Representatives Watts of the 41st and Murphy of the 18th: A bill to amend an Act creating a Board of Commissioners for Paulding County, so as to provide that such board shall consist of five commissioners elected from commissioner districts with a chairman selected from among their number or, in the alternative, shall consist of three commissioners elected from the county at large.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2012. By Representatives Klein of the 21st, Coker of the 21st, Wilder of the 21st, Clark of the 20th, Cauthorn of the 20th and others: A bill to provide that the tax commissioner of Cobb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Cobb County to reimburse the county for the cost of collecting school taxes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2017.

By Representatives Dixon of the 151st and Blitch of the 150th: A bill to amend an Act providing a new charter for the City of Waycross, so as to authorize the judge of the police court to grant first offender proba tion treatment to persons charged with possession of one ounce or less of marijuana.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.

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2641

The Bill, having received the requisite constitutional majority, was passed.

HB 2019.

By Representative Jenkins of the 80th: A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, so as to provide for the appointment of a city manager.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2025.

By Representative Holland of the 136th: A bill to amend an Act establishing a State Court of Worth County, so as to change the salary of the judge of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2027.

By Representatives Cauthorn of the 20th, Vaughan of the 20th, Coker of the 21st, Atkins of the 21st, Aiken of the 21st and others: A bill to amend Code Section 31-3-2 of the Official Code of Georgia Anno tated, relating to the composition of county boards of health, so as to revise the population figures describing the counties in which the superintendent of the largest municipal school system in the county serves on the county board of health in an ex officio capacity.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2039.

By Representatives Powell of the 145th and Royal of the 144th: A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to reapportion the commissioner districts.

The following Committee substitute was read and adopted:

A BILL To amend an Act re-creating the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3735), so as to reapportion the commissioner districts; to provide for definitions and insertions; to provide that members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States

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Attorney General; to repeal this Act in the event of a certain contingency; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act re-creating the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3735), is amended by striking Sections 2, 3, and 22 in their entirety and inserting new sections to read as follows:
"Section 2. Commissioner districts. For purposes of electing the members of the board of commissioners, Colquitt County is divided into seven commissioner districts as pro vided in Section 22 of this Act. Each member shall be elected by only the voters of the respective commissioner district and not by the voters of the county at large, except that the member to represent Commissioner District No. 7, which consists of the entire county, shall be elected by the voters of the entire county.
Section 3. (a) Notwithstanding those changes in descriptions of commissioner districts which become effective at the same time this section becomes effective, members of the board serving on the effective date of this Act shall serve the term for which they were elected and until their successors are elected and qualified.
(b) Effective on January 1, 1993, the members of the board representing Commis sioner Districts 1, 3, 5, and 7 in accordance with the commissioner districts which become effective in 1993 shall be the former members of the board of commissioners representing Commissioner Districts 1, 3, 5, and 7 who were elected at the general elec tion in 1990 under previously existing provisions of this Act, and said members of the board of commissioners so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on the first day of January, 1995, for terms of four years and until their suc cessors are elected and qualified.
(c) The members representing Commissioner Districts 2, 4, and 6 shall be elected at the general election of 1992 and shall take office on January 1, 1993, for terms of four years and until their successors are elected and qualified.
(d) Successors to the members elected under subsections (b) and (c) and future suc cessors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immedi ately following their election for terms of four years and until their successors are elected and qualified."
"Section 22. (a) For purposes of electing members of the board, Colquitt County is divided into seven commissioner districts, as follows:
Commissioner District: 1
COLQUITT COUNTY VTD: 0009 MONK (Part) Tract: 9703. Block(s): 222, 223, 224, 225A, 225B, 226A, 226B VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 433, 523, 524, 525, 616, 617 Tract: 9708. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 204, 205, 206, 207, 208, 209, 210 Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A VTD: 0018 SHAW

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Commissioner District: 2 COLQUITT COUNTY VTD: 0002 CROSLAND VTD: 0012 NORMAN PARK VTD: 0015 TY TY VTD: 0016 WARRIOR
Commissioner District: 3 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462 VTD: 0005 HAMILTON (Part) Tract: 9709. Block(s): 225, 226, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 276, 280, 281, 282, 283, 284, 285, 286, 287, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458 VTD: 0010 MOULTRIE (Part) Tract: 9706. Block(s): 301, 302A, 304, 305, 306A, 307A, 308A, 315A, 316, 317, 318, 322A Tract: 9708. Block(s): 108B, 109, 110, 111, 112, 113, 114, 115, 147, 148, 201, 202, 203, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301C, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 Tract: 9709. Block(s): 325B VTD: 0011 MURPHY VTD: 0019 AUTREYVILLE (Part) Tract: 9706. Block(s): 213, 214, 215, 234, 324, 325, 326, 327, 361, 362, 363, 364, 365, 366, 367, 370, 371 Tract: 9707. Block(s): 521B, 524, 525
Commissioner District: 4 COLQUITT COUNTY VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 216 Tract: 9704. Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 136A, 139, 140, 141, 142, 143, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234,

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235A, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9706. Block(s): 302B, 314A Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 132, 133, 134, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 404A, 405, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 427, 428, 429, 430, 431, 432, 433, 434, 435, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 VTD: 0019 AUTREYVILLE (Part) Tract: 9706. Block(s): 210, 211, 212, 216, 217, 218, 219, 220, 230, 231, 232, 233, 235, 236, 237, 238, 239, 240, 241, 242, 245, 246 Tract: 9707. Block(s): 509B, 510B, 510C, 511B, 511C, 512B, 513D, 516B, 517B, 517C, 518B, 520B, 520C, 526, 527, 528, 530, 531, 622C, 623C, 625B Commissioner District: 5 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 305, 306, 307 VTD: 0003 DOERUN VTD: 0004 FUNSTON VTD: 0005 HAMILTON (Part) Tract: 9709. Block(s): 227 VTD: 0006 HARTSFIELD VTD: 0008 MILL CREEK VTD: 0009 MONK (Part) Tract: 9701. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 288, 289, 290 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 158C, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 289, 290, 291, 292 Tract: 9703. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166 VTD: 0014 THIGPEN Commissioner District: 6 COLQUITT COUNTY

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VTD: 0007 LEE VTD: 0010 MOULTRIE (Part)
Tract: 9703. Block(s): 215B
Tract: 9704. Block(s): 1.38A, 201A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 335A, 337, 340, 341, 342
Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B
Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 121B, 131B, 135, 136, 137, 138, 139, 401, 402A, 402B, 403A, 403B, 404B, 406B, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 501A, 502, 503, 505, 506, 537, 538A
VTD: 0013 ROBINSON VTD: 0017 HOPEWELL Commissioner District: 7 COLQUITT COUNTY (b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control; (4) Any part of Colquitt County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Colquitt County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia." Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of commissioners of Colquitt County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3. Except for the provisions of this Act relating to and necessary for the elec tion of the members of the board of commissioners of Colquitt County in 1992, the provi sions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners shall

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JOURNAL OF THE HOUSE,

become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2040.

By Representatives Powell of the 145th and Royal of the 144th: A bill to amend an Act relating to the Board of Education of Colquitt County, so as to reapportion the education districts.

The following Committee substitute was read and adopted:

A BILL To amend an Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3724), so as to reapportion the education districts; to provide for definitions and insertions; to provide that members of the board shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3724), is amended by striking in their entirety Sections 1, 2, and 6 and inserting new sections to read as follows: "Section 1. The board of education of the Colquitt County School District shall con tinue to consist of six members. Section 2. (a) Notwithstanding those changes in descriptions of education districts which become effective at the same time this section becomes effective, and notwith standing the district residency requirement, members of the board serving on the effec tive date of this Act shall serve the term for which they were elected and until their successors are elected and qualified. (b) Effective on January 1, 1993, the members of the board representing Education Districts 1, 4 and 5 in accordance with the education districts which become effective in 1993 shall be the former members of the board of education representing Education Districts 1, 4, and 5 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board of education so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on the first day of January, 1995, for terms of four years and until their successors are elected and quali fied. (c) The members representing Education Districts 2, 3, and 6 shall be elected at the general election of 1992 and shall take office on January 1, 1993, for terms of four years and until their successors are elected and qualified. (d) Successors to the members elected under subsections (b) and (c) and future suc cessors shall be elected at the general election immediately preceding the expiration of

WEDNESDAY, MARCH 18, 1992

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the respective terms of office and shall take office on the first day of January immedi ately following their election for terms of four years and until their successors are elected and qualified."
"Section 6. (a) For purposes of electing members of the board, the Colquitt County School District is divided into six education districts, as follows:
Education District: 1 COLQUITT COUNTY VTD: 0009 MONK (Part) Tract: 9703. Block(s): 222, 223, 224, 225A, 225B, 226A, 226B VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 433, 523, 524, 525, 616, 617 Tract: 9708. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 204, 205, 206, 207, 208, 209, 210 Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A VTD: 0018 SHAW
Education District: 2 COLQUITT COUNTY VTD: 0002 CROSLAND VTD: 0012 NORMAN PARK VTD: 0015 TY TY VTD: 0016 WARRIOR
Education District: 3 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462 VTD: 0005 HAMILTON (Part) Tract: 9709. Block(s): 225, 226, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 276, 280, 281, 282, 283, 284, 285, 286, 287, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458 VTD: 0010 MOULTRIE (Part) Tract: 9706. Block(s): 301, 302A, 304, 305, 306A, 307A, 308A, 315A, 316, 317, 318, 322A Tract: 9708. Block(s): 108B, 109, 110, 111, 112, 113, 114, 115, 147, 148, 201, 202, 203, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301C, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418

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Tract: 9709. Block(s): 325B
VTD: 0011 MURPHY VTD: 0019 AUTREYVILLE (Part)
Tract: 9706. Block(s): 213, 214, 215, 234, 324, 325, 326, 327, 361, 362, 363, 364, 365, 366, 367, 370, 371
Tract: 9707. Block(s): 521B, 524, 525
Education District: 4
COLQUITT COUNTY VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 216 Tract: 9704. Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 136A, 139, 140, 141, 142, 143, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235A, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9706. Block(s): 302B, 314A Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 132, 133, 134, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 404A, 405, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 427, 428, 429, 430, 431, 432, 433, 434, 435, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 VTD: 0019 AUTREYVILLE (Part) Tract: 9706. Block(s): 210, 211, 212, 216, 217, 218, 219, 220, 230, 231, 232, 233, 235, 236, 237, 238, 239, 240, 241, 242, 245, 246 Tract: 9707. Block(s): 509B, 510B, 510C, 511B, 511C, 512B, 513D, 516B, 517B, 517C, 518B, 520B, 520C, 526, 527, 528, 530, 531, 622C, 623C, 625B
Education District: 5
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 305, 306, 307 VTD: 0003 DOERUN

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VTD: 0004 FUNSTON VTD: 0005 HAMILTON (Part)
Tract: 9709. Block(s): 227
VTD: 0006 HARTSFIELD VTD: 0008 MILL CREEK VTD: 0009 MONK (Part)
Tract: 9701. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 288, 289, 290
Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 158C, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 176, 177, 178, 289, 290, 291, 292
Tract: 9703. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166
VTD: 0014 THIGPEN Education District: 6
COLQUITT COUNTY VTD: 0007 LEE VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215B Tract: 9704. Block(s): 138A, 201A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 335A, 337, 340, 341, 342 Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 121B, 131B, 135, 136, 137, 138, 139, 401, 402A, 402B, 403A, 403B, 404B, 406B, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 501A, 502, 503, 505, 506, 537, 538A VTD: 0013 ROBINSON VTD: 0017 HOPEWELL
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of the Colquitt County School District which is not included in any education district described in this section shall be included within that education dis trict contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and

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(5) Any part of the Colquitt County School District which is described in this sec tion as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such educa tion district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Colquitt County are to be elected in the November, 1992, general election and in subsequent general elections and results from changes in popula tion based on the United States decennial census of 1990. Except as provided in this Act, it is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law." Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Colquitt County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3. Except for the provisions of this Act relating to and necessary for the elec tion of the members of the board of education of Colquitt County in 1992, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of education shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2044.

By Representatives Hammond of the 20th, Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st, Coker of the 21st and others: A bill to amend Code Section 22-2-84 of the Official Code of Georgia Anno tated, relating to entry of notice and award by the clerk in eminent domain cases and payments to assessors by the condemnor, so as to change the popu lation figures describing counties in which the judge of the superior court shall fix costs to be paid to assessors by the condemning 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 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2045.

By Representatives Hammond of the 20th, Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st, Coker of the 21st and others: A bill to amend Article 1 of Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures, so as to change the population figure describing those counties in which certain municipalities shall be subject to said article.

WEDNESDAY, MARCH 18, 1992

2651

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2052.

By Representatives Klein of the 21st, Coker of the 21st, Atkins of the 21st, Hammond of the 20th, Vaughan of the 20th and others: A bill to amend an Act changing the boundaries of the seven education dis tricts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2054.

By Representatives Cauthorn of the 20th, Coker of the 21st, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st and others: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the population figure describing counties in which the sheriff is authorized to deposit cash bonds and cash reserves of professional bondspersons in interest-bearing accounts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2055.

By Representatives Hanner of the 131st and Holland of the 136th: A bill to amend an Act creating the board of commissioners of Lee County, so as to provide new commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2060.

By Representatives Pettit of the 19th and Childers of the 15th: A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Bartow County; to create a chairperson and board of commissioners for Bartow County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2652

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2073.

By Representative Murphy of the 18th: A bill to amend an Act reincorporating and creating a new charter for the City of Tallapoosa in Haralson County, so as to change provisions relating to the jurisdiction and punishment powers of the Municipal Court of the City of Tallapoosa.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1894.

By Representatives McBee of the 68th, Thurmond of the 67th and Clark of the 13th: A bill to amend Code Section 48-5-148 of the Official Code of Georgia Anno tated, relating to interest on unpaid ad valorem taxes, rate, and records of interest and taxes collected, so as to change the provisions relating to popula tion brackets and the census relative to interest on unpaid ad valorem taxes in certain counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Adams Aiken Alford Y Ashe Y Atkins Baker Y Balkcom Y Barfuot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Bordeaux Y Bostick Y Branch Y Breedlove Brooks Brown Brush Y Buck Y Buckner Byrd Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon,H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Y Hamilton
Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Henson Herbert Holland Holmes
Y Howard Y Hudson
Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein
Ladd Y Lane.D
Lane.R Y Langford
Y Lawrence Lawson
YLee YLong YLord Y Lucas YMann Y Martin Y McBee
Y McCoy Y McKelvey Y McKihney.B
McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody
Y Morsberger Y Moultrie
Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W
Y Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Valenti
Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Williams.R Y Yeargin
Murphy.Spkr

WEDNESDAY, MARCH 18, 1992

2653

On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1895.

By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: 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 change the provisions relating to population brackets and the census relative to taxation of mobile homes and the return thereof for taxation in certain counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Adams Aiken Alford Y Ashe Y Atkins Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Bordeaux Y Bostick Y Branch Y Breedlove Brooks Brown Brush YBuck Y Buckner Byrd Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chamhless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Cornell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Y Hamilton
Hammond Y Banner Y Harris.B Y Harris,J

Y Heard Henson Herbert Holland Holmes
Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
Ladd Y Lane.D
Lane,R Y Langt'ord Y Lawrence
Lawson Y Lee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y PowelLC Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Y Williams.J Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1896.

By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Code Section 48-5-45 of the Official Code of Georgia Anno tated, relating to applications for homestead exemptions, so as to change the provisions relating to population brackets and the census relative to applica tions for homestead exemptions in certain counties.

2654

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:

Abernathy Adams Aiken Alford Y Ashe Y Atkins Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown Brush Y Buck
Y Buckner Byrd Campbell
Y Canty Y Carrell
Y Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M
Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Y Hamilton
Hammond Y Manner Y Harris.B Y Harris.J

Y Heard
Henson
Herbert Holland Holmes
Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein
Ladd Y Lane.D
Lane.R Y Langford Y Lawrence
Lawson YLee Y Long Y Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Y Moultrie Mueller
Y Oliver.C Oliver.M
YOrr Orrock
Y Padgett Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W
Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley
Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Y Williams.J Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2016.

By Representatives Dixon of the 151st and Smith of the 152nd: A bill to provide a homestead exemption from all City of Kingsland ad valo rem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness, in the amount of $25,000.00 of the assessed value of the homestead for residents of the City of Kingsland who are 65 years of age or older and whose gross income does not exceed $25,000.00.

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:

Abernathy Adams Aiken Alford Y Ashe Y Atkins Baker Y Balkcom Y Barfoot
Y Bargeron

Y Barnett.B
Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch

Y Breedlove
Brooks Brown Brush YBuck
Y Buckner Byrd Campbell
Y Canty Y Carrell

Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark.L Y Coker Y Coleman

Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S

WEDNESDAY, MARCH 18, 1992

2655

Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Y Fennel Y FloycU.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Y Hamilton
Hammond Y Manner Y Harris.B Y Harris.J Y Heard
Henson Herbert Holland

Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
Ladd Y Lane.D
Lane.R Y Langford Y Lawrence
Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy

Y McKelvey Y McKinney.B
McKirmey.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag

Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley

Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Y Williams.J Williams.R Y Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representative Ladd 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.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate has agreed to the House substitute to the following Bill of the Senate:

SB 173. By Senators Deal of the 49th, Newbill of the 56th, Johnson of the 47th and others: A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports and landing fields by counties, municipalities, and other political subdivisions, so as to prohibit cities, counties, or other political subdivisions from condemning property for, or operating, an airport outside their territo rial boundaries except with the consent of the governing authority of the county, city, or other political subdivision wherein the airport is to be located.

The Senate has agreed to the House amendment to the Senate substitute to the fol lowing Bill of the House:

HB 1684.

By Representatives Parham of the 105th and Lord of the 107th: A bill to repeal an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:

2656

JOURNAL OF THE HOUSE,

HB 1297.

By Representatives Dunn of the 73rd, Lawson of the 9th, Walker of the 115th, Coleman of the 118th and Buck of the 95th: A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Anno tated, relating to industrial loans, Part 2 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured homes, Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards, and Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to revise comprehensively provisions relative to fees charged by the Commissioner of Insurance.

HB 1487.

By Representatives Thomas of the 55th, Davis of the 29th, Porter of the 119th, Baker of the 51st, Oliver of the 53rd and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to amend the points system to provide for points for failure to secure a load on a motor vehicle.

HB 1986.

By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act creating the Newton County Water and Sewerage Authority, so as to raise the limit on the issuance of negotiable revenue bonds.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 150. By Representatives Barnett of the 59th and Davis of the 45th: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Anno tated, relating to penalties for the furnishing to, the purchasing of, or the possession by persons under 21 years of age of alcoholic beverages, so as to provide that persons under 21 years of age who are convicted of unlawful possession of alcoholic beverages shall be required to complete a DUI alcohol or drug use risk reduction program.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 569. By Senator Garner of the 30th: A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures, so as to provide that 25 percent of money for feited or $75,000.00 maximum shall be paid to any person, other than a law enforcement officer, furnishing information which leads to the seizure of property.

SB 638. By Senators Johnson of the 47th, Garner of the 30th and Deal of the 49th: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, the "Budget Act," and Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisition of real prop erty through the State Properties Commission, so as to provide for the issu ance of reports by the State Properties Commission with respect to certain proposed acquisitions and leases of real property by units of state govern ment.

WEDNESDAY, MARCH 18, 1992

2657

SB 731. By Senator Turner of the 8th: A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Financing Authority Act," so as to change certain provisions relating to definitions; to provide an effective date.

SB 745. By Senators Robinson of the 16th and Edge of the 28th: 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 criteria for siting hazardous waste storage, treat ment, and disposal facilities; to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Authority Act," so as to require the authority to develop procedures and criteria for selecting sites for hazardous waste facilities.

SB 776. By Senators Turner of the 8th, Bowen of the 13th, Timmons of the llth and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to number of judges of superior courts, so as to provide for a fifth judge of the superior court of the Southern Judicial Circuit of Geor gia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.

SB 791. By Senators Garner of the 30th and Edge of the 28th: A bill to amend Code Section 45-13-22 of the Official Code of Georgia Anno tated, relating to distribution by the Secretary of State of the Georgia Laws and the Senate and House Journals, so as to change provisions relating to fixing of prices for sales of the Georgia Laws and the Senate and House Journals; to provide for the method of determination of such prices; to pro vide for deposit of receipts into the general fund of the state treasury; to pro vide an effective date.

SB 811. By Senators Starr of the 44th and Garner of the 30th: A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Anno tated, relating to community services for the mentally retarded, so as to change certain provisions relating to the duty of county boards of health to provide certain community services and the duties of district health depart ments with respect to mentally retarded individuals; to change certain provi sions relating to the duty of the Department of Human Resources to provide certain assistance to county boards of health.

SB 817. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act creating the Augusta Judicial Circuit, as amended, so as to authorize the governing authority of each county comprising the Augusta Judicial Circuit to receive payment of fines directly from the state probation office without any requirement of deposit of the fines in the office of the clerk of the superior court.

SB 828. By Senator Henson of the 55th: A bill to amend Code Section 53-3-6 of the Official Code of Georgia Anno tated, relating to procedure when a will is lost or destroyed and the presump tion of revocability, so as to provide for applicability language.

2658

JOURNAL OF THE HOUSE,

SB 831. By Senators Steinberg of the 42nd, Garner of the 30th and Bishop of the 15th: A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to require state government and state authority employers to grant employees a period of leave for certain family or medical purposes; to provide for definitions; to provide for practices and procedures in connection with the requirement of leave; to provide for excep tions; to provide for certification of medical conditions; to provide an effec tive date.

HB 244. By Representatives Cummings of the 134th and Chambless of the 133rd: A bill to amend Code Section 42-5-64 of the Official Code of Georgia Anno tated, relating to educational programs for prisoners, so as to provide that prisoners who test below the fifth-grade level on standardized reading tests and who are incarcerated for a period of six months or longer shall be required to attend educational instruction.

HB 900. By Representatives Lee of the 72nd and Cummings of the 17th: A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Anno tated, the "Trial Judges and Solicitors Retirement Fund Act," so as to clarify provisions relating to ineligibility for appointment as a senior judge or dis trict attorney emeritus; to change the provisions relating to eligibility to hold office and practice law while receiving retirement benefits.

HB 1296.

By Representatives Walker of the 115th, Murphy of the 18th, Buck of the 95th, Coleman of the 118th and Lee of the 72nd: A bill to amend Code Section 35-3-36 of the Official Code of Georgia Anno tated, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to provide that incident/complaint forms used by criminal justice agencies shall, when applicable, include the identification of any victim who is a student and the name of the school attended by any such student.

HB 1299.

By Representative Dover of the llth: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, 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.

HB 1344.

By Representative Dunn of the 73rd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise the financial regulatory capabilities of the Com missioner of Insurance; to provide for the acceptance of an examination of an insurer conducted by another state under certain conditions.

HB 1371.

By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Code Section 45-2-1 of the Official Code of Georgia Anno tated, relating to persons ineligible to hold civil office, so as to change certain provisions relating to residency requirements.

WEDNESDAY, MARCH 18, 1992

2659

HB 1453.

By Representatives Floyd of the 135th, Balkcom of the 140th, Royal of the 144th, Walker of the 115th, Groover of the 99th and others: A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to directing persons to leave parks, historic sites, or recrea tional areas upon their refusal to observe rules and regulations, so as to provide that the probate courts shall have jurisdiction to receive pleas of guilty and to impose sentence for violations of such Code section.

HB 1476.

By Representative Connell of the 87th: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of insurance rates, underwriting rules, and related organizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' com pensation insurance issued to certain business entities.

HB 1503.

By Representative Watson of the 114th: A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Anno tated, relating to the regulation of fire and other hazards to persons and property generally, so as to provide for the application of the state minimum fire safety standards.

HB 1571.

By Representatives Childers of the 15th and Hudson of the 117th: A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of cosmetology, so as to delete certain provi sions requiring the licensure of certain students.

HB 1596.

By Representatives Cummings of the 17th, Baker of the 51st, Jamieson of the llth and Porter of the 119th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to create the Georgia Defined Contribu tion Plan.

SB 694. By Senator Egan of the 40th: 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 pen alty in cases in which fines are imposed and for an additional sum to be posted for bails and bonds in the Municipal Court of Atlanta; to provide that the moneys collected shall be expended only to fund the staffing, operation, and capital improvement of municipal detention and prison facilities.

SB 746. By Senator Egan of the 40th: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to authorize the sale of alcoholic beverages on Sunday at festivals in all municipalities of this state having a population of 300,000 or more according to the United States decennial census of 1970 or any future such census; to provide for a definition; to provide for conditions and limitations.

2660

JOURNAL OF THE HOUSE,

SB 789. By Senator Tysinger of the 41st: A bill to amend an Act providing for the protection of pension rights of county officers and employees of certain counties of this state so as to change the population figure; to provide an effective date.

SB 792. By Senator Tysinger of the 41st: A bill to amend an Act applying to counties having a population of 500,000 or more by the United States Census of 1960 or any future United States census whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen so as to change the population figure to 600,000 and the census date to 1990; to provide an effective date.

SB 793. By Senator Tysinger of the 41st: A bill to amend Code Section 48-5-354 of the Official Code of Georgia Anno tated, relating to exemption of certain salesmen and merchants from munici pal taxes and license fees, so as to change the population figure designating the counties to which said Code section is applicable.

SB 794. By Senator Tysinger of the 41st: A bill to amend Code Section 15-12-11 of the Official Code of Georgia Anno tated, relating to the appointment of court personnel in certain counties, so as to change the population figure designating the counties in which the judges of the superior court are authorized to appoint a jury clerk.

SB 795. By Senator Tysinger of the 41st: A bill to amend Code Section 47-2-296 of the Official Code of Georgia Anno tated, relating to county probation system employees, so as to change the population figure designating counties in which certain employees of the county probation system are to continue as members of a local retirement system.

SB 796. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-233 of the Official Code of Georgia Anno tated, relating to the preparation of the list of electors, so as to change the population brackets.

SB 797. By Senator Tysinger of the 41st: A bill to amend an Act providing that counties having a population of more than 200,000, according to the United States Census of 1921 or any subse quent census, shall furnish aid and relief and pensions to regular members of the county police departments, as amended, so as to change the language and figures "500,000 according to the United States decennial census of 1960" to "600,000 according to the United States decennial census of 1990".

SB 798. By Senator Tysinger of the 41st: A bill to amend Code Section 47-14-50 of the Official Code of Georgia Anno tated, relating to payments to fund from fines and bonds collected in crimi nal and quasi-criminal cases, so as to change a population figure designating counties in which said Code section is inapplicable; to provide an effective date.

WEDNESDAY, MARCH 18, 1992

2661

SB 799. By Senator Tysinger of the 41st: A bill to amend Code Section 36-6-16.1 of the Official Code of Georgia Anno tated, relating to the deposit of funds held for the benefit of third persons or litigants by officers of a county or court in the treasury of counties having a population of 500,000 or more, so as to change the population figure.
SB 800. By Senator Tysinger of the 41st: A bill to amend Code Section 9-13-161.1 of the Official Code of Georgia Annotated, relating to the holding of sales of personal property at a place other than the courthouse where such sale would create an undue traffic haz ard, so as to change the population figure.
SB 801. By Senator Tysinger of the 41st: A bill to amend Code Section 50-5-184 of the Official Code of Georgia Anno tated, relating to the requirement of the Department of Administrative Ser vices to promote joint use of public safety radio services and economical delivery of services, so as to change the population figure designating the counties to which provisions of said Code section shall not apply.
SB 802. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-213 of the Official Code of Georgia Anno tated, relating to the qualifications of registrars and deputy registrars, so as to change the population figure designating the counties in which the board of registrars and elections shall appoint the registrars and deputy registrars of each municipality lying wholly within the boundaries of any such county as deputy registrars of such county.

SB 803. By Senator Tysinger of the 41st: A bill to amend Code Section 48-5-404 of the Official Code of Georgia Anno tated, relating to the collection of county school taxes by tax commissioners or tax collectors, so as to change the population brackets designating the counties in which 1.9 percent of the funds collected shall be retained by the tax commissioner or tax collector or remitted to the county governing author ity.

SB 804. By Senator Tysinger of the 41st: A bill to amend Code Section 15-16-10 of the Official Code of Georgia Anno tated, relating to the duties of a sheriff, so as to change the population brackets with respect to the duties of sheriffs of certain counties toward per sons charged with a violation of a county ordinance.
SB 805. By Senator Tysinger of the 41st: A bill to amend an Act providing that in all counties in the State of Georgia having a population of 500,000 or more according to the United States decen nial census of 1960 or any future such census the office of the justice of the peace emeritus shall be created so as to change "500,000" to "600,000" and "1960" to "1990"; to provide an effective date.
SB 806. By Senator Tysinger of the 41st: A bill to amend an Act fixing the salaries of certain judges of certain courts within certain counties so as to change the population figure from "500,000" to "600,000" according to the United States decennial census of 1990 or any future such census; to provide an effective date.

2662

JOURNAL OF THE HOUSE,

SB 807. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-211 of the Official Code of Georgia Anno tated, relating to the appointment and compensation of county registrars, so as to change the population figure to provide that in certain counties the governing authority of the county shall appoint the county registrars; to pro vide an effective date.

SB 809. By Senator Tysinger of the 41st: A bill to amend an Act providing for the defense of indigents in certain counties of this state having a population of not less than 500,000 as deter mined by the 1960 United States decennial census or any future census so as to change "500,000" to "600,000" and "1960" to "1990"; to provide an effective date.

SB 827. By Senator Moye of the 34th: A bill to amend an Act creating the Board of Commisioners of Fayette County, as amended, so as to provide for an increase in the amount of com pensation for the chairman of the Board of Commissioners of Fayette County and the members of the Board of Commissioners of Fayette County; to elimi nate provisions for the payment of expenses to the chairman and the mem bers of the Board of Commissioners.

HB 1359.

By Representative Royal of the 144th: A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the composition of the commissioner districts.

HB 1759.

By Representative Smith of the 156th: A bill to amend an Act providing for a board of elections in counties having a population of not less than 7,330 nor more than 7,550 according to the United States decennial census of 1970 or any future such census, as amended, so as to repeal in its entirety said Act, as amended.

HB 1973. By Representative Streat of the 139th: A bill to amend an Act creating the charter for the City of Douglas, so as to continue the two-year term of office for city commissioner.

HB 1982. By Representative Skipper of the 116th: A bill to create a public body corporate and politic, and an instrumentality of the County of Sumter, to be known as the Sumter County Industrial Development Authority.

HB 1983. By Representatives Powell of the 13th and Clark of the 13th: A bill to provide for homestead exemptions from Hart County ad valorem taxes for county purposes and from Hart County School District ad valorem taxes for educational purposes for certain residents of that county and school district.

WEDNESDAY, MARCH 18, 1992

2663

SB 829. By Senators Ragan of the 32nd, Newbill of the 56th and Clay of the 37th: A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the elec tion of commissioners; to provide for commissioner districts; to provide for definitions and insertions; to provide for the qualifications of the commis sioners; to change the compensation of the chairman of the board of commis sioners.

SB 808. By Senator Tysinger of the 41st: A bill to amend Code Section 36-82-1 of the Official Code of Georgia Anno tated, relating to the procedure for the authorization of bonded debt, so as to change the population figure designating counties in which legal advertise ment of a bond election shall contain certain references.

SB 832. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others: A bill to amend Code Section 21-2-213 of the Official Code of Georgia Anno tated, relating to county registrars and deputy registrars, so as to revise the population figures describing the counties in which registrars and deputy reg istrars of municipalities lying wholly within such counties shall be appointed as deputy county registrars.

SB 838. By Senator Thompson of the 33rd: A bill to amend Code Section 36-82-4.1 of the Official Code of Georgia Anno tated, relating to binding statements of intention concerning the use of bond funds and related matters, so as to revise the population figures describing the counties to which the Code section applies.

SB 839. By Senator Thompson of the 33rd: A bill to amend Code Section 7-1-601 of the Official Code of Georgia Anno tated, relating to branch banks, so as to revise the population figure describ ing counties in which are located parent banks authorized to establish branch banks within certain adjacent counties.

SB 729. By Senators Ragan of the 32nd, Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 40-1-1 of the Official Code of Georgia Anno tated, relating to definitions in the title on motor vehicles, so as to revise a definition; to amend Code Section 46-1-1, relating to definitions in the title on public utilities and transportation, so as to revise a definition.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:

SR 511. By Senator Gillis of the 20th: A resolution creating the Joint Study Committee on State and Local Govern ment Environmental Enforcement Authority.

SR 439. By Senators Pollard of the 24th, Harris of the 27th and Kidd of the 25th: A resolution creating the Joint Study Committee on Indigent Defense.

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JOURNAL OF THE HOUSE,

SR 485. By Senator Hasty of the 51st: A resolution designating the Joseph E. Brown Parkway.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate:

SB 779. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Anno tated, relating to the use of speed detection devices, so as to repeal the requirement that the law enforcement agency must possess a license in com pliance with Federal Communications Commission rules to use a speed detec tion device and that each device be certified for compliance.

SB 759. By Senators Collins of the 17th, Edge of the 28th, Deal of the 49th and oth ers: A bill to amend Code Section 19-7-3 of the Official Code of Georgia Anno tated, relating to visitation rights of grandparents, so as to provide factors to be used in granting visitation rights to grandparents.

SB 772. By Senators Moye of the 34th and Albert of the 23rd: 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 that certain prohibitions relating to conduct involv ing animals shall not apply to conduct involving dogs and cats; to prohibit certain conduct with respect to dogs and cats and provide for penalties there for; to provide for inapplicability and exceptions.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:

SR 373. By Senators Walker of the 22nd, Johnson of the 47th, Brown of the 26th and others: A resolution creating the Governor's Commission on Long-term Care.

SR 383. By Senators Foster of the 50th, Broun of the 46th, Tysinger of the 41st and others: A resolution designating October, 1992, as "Georgia Quality Month".

SR 505. By Senators Collins of the 17th, Albert of the 23rd, Perry of the 7th and others: A resolution urging the Congress of the United States to recognize and honor the veterans of the Guadalcanal campaign during World War II.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate:

WEDNESDAY, MARCH 18, 1992

2665

SB 510. By Senators Broun of the 46th and Starr of the 44th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries of certain state officials, so as to provide that when employees of the executive, judicial, and legislative branches of government are required to take one or more days of furlough each month for which no compensation or salary is required from the state, each member of the General Assembly shall be authorized to have his or her salary reduced by an equivalent amount for each furlough day required of a state employee.

SB 786. By Senators Taylor of the 12th and Foster of the 50th: A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to group or blanket accident and sickness insurance, so as to provide that a group policyholder may require an additional employee contribution for spousal coverage where the spouse so covered is eligible to receive coverage under another group accident and sickness policy but declines such coverage.

SB 630. By Senators English of the 21st, Hasty of the 51st, Ragan of the 10th and others: A bill to amend Chapter 15 of Title 2 of the Official Code of Georgia Anno tated, known as the "Georgia Aquaculture Development Act," so as to pro vide for aquaculture registration; to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to change certain definitions; to change certain provisions relating to fish and the sale of fish by commercial fish hatcheries; to provide for other matters relating to fish and aquaculture.

SB 815. By Senators Edge of the 28th and Broun of the 46th: A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Anno tated, relating to cardiopulmonary resuscitation, so as to further describe leg islative intent; to modify certain requirements that two physicians concur in a determination that a person is a candidate for nonresuscitation; to change the definition of "medically futile"; to clarify a patient's presumption of con sent; to clarify consent provisions regarding authorized persons.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 510. By Senators Broun of the 46th and Starr of the 44th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries of certain state officials, so as to provide that when employees of the executive, judicial, and legislative branches of government are required to take one or more days of furlough each month for which no compensation or salary is required from the state, each member of the General Assembly shall be authorized to have his or her salary reduced by an equivalent amount for each furlough day required of a state employee.
Referred to the Committee on Rules.

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SB 569. By Senator Garner of the 30th: A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures, so as to provide that 25 percent of money for feited or $75,000.00 maximum shall be paid to any person, other than a law enforcement officer, furnishing information which leads to the seizure of property.
Referred to the Committee on Public Safety.

SB 630. By Senators English of the 21st, Hasty of the 51st, Ragan of the 10th and others: A bill to amend Chapter 15 of Title 2 of the Official Code of Georgia Anno tated, known as the "Georgia Aquaculture Development Act," so as to pro vide for aquaculture registration; to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to change certain definitions; to change certain provisions relating to fish and the sale of fish by commercial fish hatcheries; to provide for other matters relating to fish and aquaculture.
Referred to the Committee on Game, Fish & Parks.

SB 638. By Senators Johnson of the 47th, Garner of the 30th and Deal of the 49th: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, the "Budget Act," and Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisition of real prop erty through the State Properties Commission, so as to provide for the issu ance of reports by the State Properties Commission with respect to certain proposed acquisitions and leases of real property by units of state govern ment.
Referred to the Committee on State Institutions & Property.

SB 694. By Senator Egan of the 40th: 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 pen alty in cases in which fines are imposed and for an additional sum to be posted for bails and bonds in the Municipal Court of Atlanta; to provide that the moneys collected shall be expended only to fund the staffing, operation, and capital improvement of municipal detention and prison facilities.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 729. By Senators Ragan of the 32nd, Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 40-1-1 of the Official Code of Georgia Anno tated, relating to definitions in the title on motor vehicles, so as to revise a definition; to amend Code Section 46-1-1, relating to definitions in the title on public utilities and transportation, so as to revise a definition.
Referred to the Committee on Motor Vehicles.

SB 731. By Senator Turner of the 8th: A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Financing Authority Act," so as to change certain provisions relating to definitions; to provide an effective date.
Referred to the Committee on Health & Ecology.

WEDNESDAY, MARCH 18, 1992

2667

SB 745. By Senators Robinson of the 16th and Edge of the 28th: 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 criteria for siting hazardous waste storage, treat ment, and disposal facilities; to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Authority Act," so as to require the authority to develop procedures and criteria for selecting sites for hazardous waste facilities.
Referred to the Committee on Natural Resources & Environment.

SB 746. By Senator Egan of the 40th: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic bev erages on Sunday, so as to authorize the sale of alcoholic beverages on Sunday at festivals in all municipalities of this state having a population of 300,000 or more according to the United States decennial census of 1970 or any future such census; to provide for a definition; to provide for conditions and limitations.
Referred to the Committee on Regulated Beverages.

SB 759. By Senators Collins of the 17th, Edge of the 28th, Deal of the 49th and oth ers: A bill to amend Code Section 19-7-3 of the Official Code of Georgia Anno tated, relating to visitation rights of grandparents, so as to provide factors to be used in granting visitation rights to grandparents.
Referred to the Committee on Judiciary.

SB 772. By Senators Moye of the 34th and Albert of the 23rd: 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 that certain prohibitions relating to conduct involv ing animals shall not apply to conduct involving dogs and cats; to prohibit certain conduct with respect to dogs and cats and provide for penalties there for; to provide for inapplicability and exceptions.
Referred to the Committee on Special Judiciary.

SB 776. By Senators Turner of the 8th, Bowen of the 13th, Timmons of the llth and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to number of judges of superior courts, so as to provide for a fifth judge of the superior court of the Southern Judicial Circuit of Geor gia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.
Referred to the Committee on Judiciary.

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SB 779. By Senators Thompson of the 33rd and Clay of the 37th; A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Anno tated, relating to the use of speed detection devices, so as to repeal the requirement that the law enforcement agency must possess a license in com pliance with Federal Communications Commission rules to use a speed detec tion device and that each device be certified for compliance.
Referred to the Committee on Public Safety.

SB 786. By Senators Taylor of the 12th and Foster of the 50th: A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to group or blanket accident and sickness insurance, so as to provide that a group policyholder may require an additional employee contribution for spousal coverage where the spouse so covered is eligible to receive coverage under another group accident and sickness policy but declines such coverage.
Referred to the Committee on Insurance.

SB 789. By Senator Tysinger of the 41st: A bill to amend an Act providing for the protection of pension rights of county officers and employees of certain counties of this state so as to change the population figure; to provide an effective date.
Referred to the Committee on Retirement.

SB 791. By Senators Garner of the 30th and Edge of the 28th: A bill to amend Code Section 45-13-22 of the Official Code of Georgia Anno tated, relating to distribution by the Secretary of State of the Georgia Laws and the Senate and House Journals, so as to change provisions relating to fixing of prices for sales of the Georgia Laws and the Senate and House Journals; to provide for the method of determination of such prices; to pro vide for deposit of receipts into the general fund of the state treasury; to pro vide an effective date.
Referred to the Committee on Rules.

SB 792. By Senator Tysinger of the 41st: A bill to amend an Act applying to counties having a population of 500,000 or more by the United States Census of 1960 or any future United States census whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen so as to change the population figure to 600,000 and the census date to 1990; to provide an effective date.
Referred to the Committee on Retirement.

SB 793. By Senator Tysinger of the 41st: A bill to amend Code Section 48-5-354 of the Official Code of Georgia Anno tated, relating to exemption of certain salesmen and merchants from munici pal taxes and license fees, so as to change the population figure designating the counties to which said Code section is applicable.
Referred to the Committee on Industry.

WEDNESDAY, MARCH 18, 1992

2669

SB 794. By Senator Tysinger of the 41st: A bill to amend Code Section 15-12-11 of the Official Code of Georgia Anno tated, relating to the appointment of court personnel in certain counties, so as to change the population figure designating the counties in which the judges of the superior court are authorized to appoint a jury clerk.
Referred to the Committee on Judiciary.

SB 795. By Senator Tysinger of the 41st: A bill to amend Code Section 47-2-296 of the Official Code of Georgia Anno tated, relating to county probation system employees, so as to change the population figure designating counties in which certain employees of the county probation system are to continue as members of a local retirement system.
Referred to the Committee on Retirement.

SB 796. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-233 of the Official Code of Georgia Anno tated, relating to the preparation of the list of electors, so as to change the population brackets.
Referred to the Committee on Governmental Affairs.

SB 797. By Senator Tysinger of the 41st: A bill to amend an Act providing that counties having a population of more than 200,000, according to the United States Census of 1921 or any subse quent census, shall furnish aid and relief and pensions to regular members of the county police departments, as amended, so as to change the language and figures "500,000 according to the United States decennial census of 1960" to "600,000 according to the United States decennial census of 1990".
Referred to the Committee on State Planning & Community Affairs - Local.

SB 798. By Senator Tysinger of the 41st: A bill to amend Code Section 47-14-50 of the Official Code of Georgia Anno tated, relating to payments to fund from fines and bonds collected in crimi nal and quasi-criminal cases, so as to change a population figure designating counties in which said Code section is inapplicable; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 799. By Senator Tysinger of the 41st: A bill to amend Code Section 36-6-16.1 of the Official Code of Georgia Anno tated, relating to the deposit of funds held for the benefit of third persons or litigants by officers of a county or court in the treasury of counties having a population of 500,000 or more, so as to change the population figure.
Referred to the Committee on State Planning & Community Affairs - Local.

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SB 800. By Senator Tysinger of the 41st: A bill to amend Code Section 9-13-161.1 of the Official Code of Georgia Annotated, relating to the holding of sales of personal property at a place other than the courthouse where such sale would create an undue traffic haz ard, so as to change the population figure.
Referred to the Committee on Special Judiciary.

SB 801. By Senator Tysinger of the 41st: A bill to amend Code Section 50-5-184 of the Official Code of Georgia Anno tated, relating to the requirement of the Department of Administrative Ser vices to promote joint use of public safety radio services and economical delivery of services, so as to change the population figure designating the counties to which provisions of said Code section shall not apply.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 802. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-213 of the Official Code of Georgia Anno tated, relating to the qualifications of registrars and deputy registrars, so as to change the population figure designating the counties in which the board of registrars and elections shall appoint the registrars and deputy registrars of each municipality lying wholly within the boundaries of any such county as deputy registrars of such county.
Referred to the Committee on Governmental Affairs.

SB 803. By Senator Tysinger of the 41st: A bill to amend Code Section 48-5-404 of the Official Code of Georgia Anno tated, relating to the collection of county school taxes by tax commissioners or tax collectors, so as to change the population brackets designating the counties in which 1.9 percent of the funds collected shall be retained by the tax commissioner or tax collector or remitted to the county governing author ity.
Referred to the Committee on Ways & Means.

SB 804. By Senator Tysinger of the 41st: A bill to amend Code Section 15-16-10 of the Official Code of Georgia Anno tated, relating to the duties of a sheriff, so as to change the population brackets with respect to the duties of sheriffs of certain counties toward per sons charged with a violation of a county ordinance.
Referred to the Committee on Public Safety.

SB 805. By Senator Tysinger of the 41st: A bill to amend an Act providing that in all counties in the State of Georgia having a population of 500,000 or more according to the United States decen nial census of 1960 or any future such census the office of the justice of the peace emeritus shall be created so as to change "500,000" to "600,000" and "1960" to "1990"; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 18, 1992

2671

SB 806. By Senator Tysinger of the 41st: A bill to amend an Act fixing the salaries of certain judges of certain courts within certain counties so as to change the population figure from "500,000" to "600,000" according to the United States decennial census of 1990 or any future such census; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 807. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-211 of the Official Code of Georgia Anno tated, relating to the appointment and compensation of county registrars, so as to change the population figure to provide that in certain counties the governing authority of the county shall appoint the county registrars; to pro vide an effective date.
Referred to the Committee on Governmental Affairs.

SB 808. By Senator Tysinger of the 41st: A bill to amend Code Section 36-82-1 of the Official Code of Georgia Anno tated, relating to the procedure for the authorization of bonded debt, so as to change the population figure designating counties in which legal advertise ment of a bond election shall contain certain references.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 809. By Senator Tysinger of the 41st: A bill to amend an Act providing for the defense of indigents in certain counties of this state having a population of not less than 500,000 as deter mined by the 1960 United States decennial census or any future census so as to change "500,000" to "600,000" and "1960" to "1990"; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 811. By Senators Starr of the 44th and Garner of the 30th: A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Anno tated, relating to community services for the mentally retarded, so as to change certain provisions relating to the duty of county boards of health to provide certain community services and the duties of district health depart ments with respect to mentally retarded individuals; to change certain provi sions relating to the duty of the Department of Human Resources to provide certain assistance to county boards of health.
Referred to the Committee on Health & Ecology.

SB 815. By Senators Edge of the 28th and Broun of the 46th: A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Anno tated, relating to cardiopulmonary resuscitation, so as to further describe leg islative intent; to modify certain requirements that two physicians concur in a determination that a person is a candidate for nonresuscitation; to change the definition of "medically futile"; to clarify a patient's presumption of con sent; to clarify consent provisions regarding authorized persons.
Referred to the Committee on Health & Ecology.

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JOURNAL OF THE HOUSE,

SB 817. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act creating the Augusta Judicial Circuit, as amended, so as to authorize the governing authority of each county comprising the Augusta Judicial Circuit to receive payment of fines directly from the state probation office without any requirement of deposit of the fines in the office of the clerk of the superior court.
Referred to the Committee on Judiciary.

SB 827. By Senator Moye of the 34th: A bill to amend an Act creating the Board of Commisioners of Fayette County, as amended, so as to provide for an increase in the amount of com pensation for the chairman of the Board of Commissioners of Fayette County and the members of the Board of Commissioners of Fayette County; to elimi nate provisions for the payment of expenses to the chairman and the mem bers of the Board of Commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 828. By Senator Henson of the 55th: A bill to amend Code Section 53-3-6 of the Official Code of Georgia Anno tated, relating to procedure when a will is lost or destroyed and the presump tion of revocability, so as to provide for applicability language.
Referred to the Committee on Judiciary.
SB 829. By Senators Ragan of the 32nd, Newbill of the 56th and Clay of the 37th: A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the elec tion of commissioners; to provide for commissioner districts; to provide for definitions and insertions; to provide for the qualifications of the commis sioners; to change the compensation of the chairman of the board of commis sioners.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 831. By Senators Steinberg of the 42nd, Garner of the 30th and Bishop of the 15th: A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to require state government and state authority employers to grant employees a period of leave for certain family or medical purposes; to provide for definitions; to provide for practices and procedures in connection with the requirement of leave; to provide for excep tions; to provide for certification of medical conditions; to provide an effec tive date.
Referred to the Committee on Industrial Relations.

SB 832. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others: A bill to amend Code Section 21-2-213 of the Official Code of Georgia Anno tated, relating to county registrars and deputy registrars, so as to revise the population figures describing the counties in which registrars and deputy reg istrars of municipalities lying wholly within such counties shall be appointed as deputy county registrars.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 18, 1992

2673

SB 838. By Senator Thompson of the 33rd: A bill to amend Code Section 36-82-4.1 of the Official Code of Georgia Anno tated, relating to binding statements of intention concerning the use of bond funds and related matters, so as to revise the population figures describing the counties to which the Code section applies.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 839. By Senator Thompson of the 33rd: A bill to amend Code Section 7-1-601 of the Official Code of Georgia Anno tated, relating to branch banks, so as to revise the population figure describ ing counties in which are located parent banks authorized to establish branch banks within certain adjacent counties.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 373. By Senators Walker of the 22nd, Johnson of the 47th, Brown of the 26th and others: A resolution creating the Governor's Commission on Long-term Care.
Referred to the Committee on Health & Ecology.

SR 383. By Senators Foster of the 50th, Broun of the 46th, Tysinger of the 41st and others: A resolution designating October, 1992, as "Georgia Quality Month".
Referred to the Committee on Industry.

SR 439. By Senators Pollard of the 24th, Harris of the 27th and Kidd of the 25th: A resolution creating the Joint Study Committee on Indigent Defense.
Referred to the Committee on Rules.

SR 485. By Senator Hasty of the 51st: A resolution designating the Joseph E. Brown Parkway.
Referred to the Committee on Transportation.

SR 505. By Senators Collins of the 17th, Albert of the 23rd, Perry of the 7th and others: A resolution urging the Congress of the United States to recognize and honor the veterans of the Guadalcanal campaign during World War II.
Referred to the Committee on Defense & Veterans Affairs.

SR 511. By Senator Gillis of the 20th: A resolution creating the Joint Study Committee on State and Local Govern ment Environmental Enforcement Authority.
Referred to the Committee on Rules.

The following Resolutions of the House were read and adopted:

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JOURNAL OF THE HOUSE,

HR 1061.

By Representatives Watts of the 41st, Murphy of the 18th, Lee of the 72nd, Groover of the 99th, Connell of the 87th and others: A resolution paying tribute to Honorable George Talmadge Bagby.

HR 1062.

By Representatives Murphy of the 18th, Groover of the 99th, Lee of the 72nd, Walker of the 115th, Connell of the 87th and others: A resolution commending Honorable George F. Green.

HR 1064. By Representatives Dixon of the 151st and Carter of the 146th: A resolution recognizing the Wine and Spirits Wholesalers of Georgia.

HR 1065. By Representative Lord of the 107th: A resolution commending Coach Alfred C. Carson.

HR 1066.

By Representatives Orrock of the 30th, Thurmond of the 67th, Turnquest of the 56th, Thomas of the 55th, Ashe of the 25th and others: A resolution in tribute to Alex Haley.

HR 1067. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th, Colwell of the 4th and Dobbs of the 74th: A resolution congratulating Neal T. Walden, recently elected Sheriff of White County.

HR 1068. By Representative Hamilton of the 124th: A resolution commending the Editing Department of the Office of Legislative Counsel.

HR 1069.

By Representative Chafin of the 72nd: A resolution commending and recognizing Mr. George Cunningham Christian, Jr.

HR 1070.

By Representative Jamieson of the llth: A resolution recognizing the Georgia No-Tillage Assistance Program on its selection as one of the ten national winners of the 1991 Ford Foundation/Harvard University Innovations in State and Local Government Awards.

HR 1071. By Representative Jamieson of the llth: A resolution recognizing the Georgia Dry Hydrant Assistance Program on its selection as one of the eight national winners of the Council of State Govern ments 1992 Innovations Transfer Awards Program.

HR 1072. By Representative Goodwin of the 63rd: A resolution commending Trissa Luftig.

The Speaker Pro Tem assumed the Chair.

WEDNESDAY, MARCH 18, 1992

2675

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 332. By Representatives Parrish of the 109th and Parham of the 105th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to authorize the state revenue commissioner to provide by rule or regulation an exemption for certain items ultimately paid for by state or federal funds where the state or federal law or regulation authorizing payment prohibits the payment of sales and use taxation.

The following Committee substitute was read and adopted:

A BILL To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to exempt from such taxation the sale or use of durable medical equipment and prosthetic devices paid for directly by funds of the State of Georgia or the United States under the medicare or Medicaid programs where state or federal law or regulation authorizing such payment prohibits the payment of sales and use tax in connection therewith; to require the state revenue commissioner to provide regulations specifying the durable medical equipment and prosthetic devices eligible for this exemption; to provide for related matters; to provide an effective date; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, is amended by striking the word "or" at the end of paragraph (52); by striking the period at the end of paragraph (53) and inserting in its place "; or"; and by adding a new paragraph immediately following paragraph (53), to be designated paragraph (54), to read as follows: "(54) The sale or use of any durable medical equipment and prosthetic device as defined under Titles XVIII and XIX of the federal Social Security Act which is paid for directly by funds of the State of Georgia or the United States under the medicare or Medicaid programs where state or federal law or regulation authorizing such payment prohibits the payment of sales and use tax in connection therewith. The commissioner shall specify by rule or regulation the durable medical equipment and prosthetic devices eligible for this exemption." Section 2. This Act shall become effective January 1, 1993. This Act shall not be construed to authorize the refund of any sales and use tax paid with respect to the sale or use of durable medical equipment and prosthetic devices prior to January 1, 1993. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker

Y Balkcom Barfoot Bargeron
Y Barnett.B Barnett.M
Y Bates Y Beatty

Y Benefield Birdsong
N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove

Y Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell

Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks

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JOURNAL OF THE HOUSE,

Y Childers Y Clark.E Y Clark,I. Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dohhs Y Dover
Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Godbee Y Golden Y Goodwin Green

Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B
Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence

Y Lawson YLee YLong YLord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Oliver.M YOrr Orrock Y Padgett Y Parham Y Parrish Y Patten

Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L Y Smith.P Smith.T Y Smith.W Y Smyre YSnow

Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,,! Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Brush of the 83rd and Lucas of the 102nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Harris of the 96th asked to be excused from voting pursuant to Rule 134.

HB 847. By Representatives Bostick of the 138th, Martin of the 26th and Randall of the 101st: A bill to amend Chapter 2 of Title 17 of the Official Code of Georgia Anno tated, relating to jurisdiction and venue in criminal cases, so as to provide for the transfer of an indictment or accusation and of certain other cases for the purpose of a plea of guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere from a county in which the indictment, accusa tion, complaint, or arrest warrant is pending to another county where the defendant has been arrested, held, or is present, upon the consent of the defendant and the district attorney in each 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 wa ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker

Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty

Y Benefield Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove

Y Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell

Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks

WEDNESDAY, MARCH 18, 1992

2677

Y Childers Y Clark.E Y Clark.L Y Coker
Coleman Colwell Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Dixon.H Dixon.S Y Dobbs Y Dover Y Dunn Edwards Y Elliott Y Feiton Y Fennel Y Floyd.J.M Y FlovdJ.W Y Flynt Y Godbee Y Golden Y Goodwin Green

Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence

Y Lawson YLee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Parham Parrish Y Patten

Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow

Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Brush 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 "aye" thereon.

HB 1450.

By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend Code Section 15-18-20 of the Official Code of Georgia Anno tated, relating to additional assistants and staff for district attorneys, so as to authorize district attorneys to employ victim and witness assistance per sonnel as members of their 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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch

Y Breedlove N Brooks Y Brown
Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

Y Colwell Connell
Y Culbreth Y Cummings.B N Cummings.M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Feiton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt

Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y HarrisJ Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin

Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Long Y Lord
Lucas YMann Y Martin

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JOURNAL OF THE HOUSE,

Y McBee McCov
Y McKelvey McKinney.B McKinney.C
Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M

Y Orr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield
Skipper Y Smith.L Y Smith,?
Smith.T

Y Smith.W Y Smvre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas, M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend

Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Wilder Y Williams.B N Williams.J Y Williams.R 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.

Representative Brush 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 "aye" thereon.

HB 1861. By Representative Floyd of the 135th: A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Anno tated, relating to county law libraries, so as to change membership on the board of trustees of the county law library of each 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:

Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis,D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbefe
Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson
Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C
Y Presley Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy .Spkr

WEDNESDAY, MARCH 18, 1992

2679

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Merritt of the 123rd 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 Balkcom of the 140th: A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to prohibit the hunting of wild life and feral hogs on public roads.

The following Committee substitute was read and withdrawn:

A BILL To amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Anno tated, relating to hunting, so as to prohibit the hunting of wildlife and feral hogs on public roads; to provide a penalty for such offense; to repeal certain provisions relating to the confiscation of certain equipment used in hunting game from public roads; to prohibit the killing of wildlife from certain vessels and vehicles; to provide for the suspension of hunt ing privileges and a penalty for such offense; to repeal certain provisions relating to the confiscation of equipment used in the illegal hunting of alligators; to provide a penalty for the illegal hunting of alligators; to repeal certain provisions relating to the confiscation of equipment used in hunting bears and in hunting deer at night; to provide for the suspen sion of hunting privileges and penalties for hunting deer at night; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Anno tated, relating to hunting, is amended by striking in its entirety Code Section 27-3-10, relating to hunting upon or discharging a weapon across a public road, and inserting in lieu thereof the following: "27-3-10. (a) It shall be unlawful for any person to hunt, with or without dogs, any wildlife upon any public road in this state. It shall also be unlawful for any person while hunting to discharge any weapon from or across any public road in this state. (b) Any person who violates the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $250.00 and, in the discretion of the sentencing court, imprisonment for not more than 12 months; provided, however, that such fine shall not be subject to suspension, stay, or probation except that if the court finds that payment of such fine would impose great economic hardship upon the defendant, the court may order such fine paid in installments." Section 2. Said article is further amended by striking in its entirety Code Section 27-3-11, relating to the confiscation of vehicles and firearms used in hunting game on pub lic roads, which reads as follows: "27-3-11. (a) If a person takes big game by the discharge of a rifle or shotgun while violating Code Section 27-3-10, which prohibits the taking of wildlife on a public road or the discharging of a weapon across a public road, and if such person was within an automobile or other motor vehicle at the time he discharged the rifle or shotgun while violating Code Section 27-3-10, then the automobile or other motor vehicle, as well as the rifle or shotgun, used in the commission of such act is declared to be contraband and forfeited to the state in the same manner and subject to the same procedures and

2680

JOURNAL OF THE HOUSE,

requirements as provided by Code Section 27-3-48, relative to the confiscation and con demnation of vehicles, boats, animals, or firearms used in the hunting of deer at night.
(b) This Code section shall not apply to any of the following persons while engaged in pursuit of official duty or when authorized by federal or state law, regulation, or order:
(1) Peace officers; (2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof, when possession of the loaded rifle or shotgun is necessary for manufacture, transport, installation, and testing under the requirements of such contract; and (5) District attorneys, investigators employed by and assigned to a district attor ney's office, and assistant district attorneys. (c) In a prosecution based upon a violation of this Code section, the state need not negate any exemptions." Section 3. Said article is further amended by striking in its entirety Code Section 27-3-13, relating to the killing of birds and animals from boats, aircraft, and motor vehi cles, and inserting in lieu thereof the following: "27-3-13. (a) It shall be unlawful to hunt any game bird, game animal, er fur bcarf aHa4 wildlife or feral hog from an electric, gas, diesel, or steamboat, a sailboat, an airplane, a hydroplane, a hovercraft, or a motor vehicle. (b) Any person who violates the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $250.00 and, in the discretion of the sentencing court, imprisonment for not more than 12 months; provided, however, that such fine shall not be subject to suspension, stay, or probation except that if the court finds that payment of such fine would impose great economic hardship upon the defendant, the court may order such fine paid in installments."
Section 4. Said article is further amended by striking in its entirety subsection (b) of Code Section 27-3-19, relating to the hunting of alligators and possession of alligator products, which reads as follows:
"(b) Any equipment, including, but not limited to, weapons, vehicles, boats, and lines, used in hunting alligators in violation of subsection (a) of this Code section 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 commissioner or his duly authorized agent within ten days of the seizure. Such contraband shall be disposed of by the commissioner in the same manner and under the same provisions used for the disposal of contraband used in hunting deer at night, as provided in Code Section 27-3-48.", and inserting in lieu thereof the following:
"(b) Any person who violates the provisions of subsection (a) of 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 and, in the discretion of the sentencing court, imprisonment for not more than 12 months; provided, however, that such fine shall not be subject to suspension, stay, or probation except that if the court finds that payment of such fine would impose great economic hardship upon the defendant, the court may order such fine paid in installments.", and by inserting at the end of such Code section the following:
"(f) The hunting privileges of a person found guilty of hunting alligators at night in violation of subsection (a) of this Code section shall be suspended by the court of juris diction for a period not not less than two years."
Section 5. Said article is further amended by striking in its entirety subsection (c) of Code Section 27-3-26, relating to hunting bears, and inserting in lieu thereof the follow ing:

WEDNESDAY, MARCH 18, 1992

2681

"(c) Any person violating the provisions of this Code section is guilty of a misde meanor of a high and aggravated nature and, upon conviction, may be punished by a fine not to exceed $5,000.00 or by confinement for a term not to exceed 12 months or both. The court may order that restitution be paid to the department of not less than $1,500.00 for each bear or bear part which is the subject of a violation of this Code sec tion. Any equipment which is used or intended for use in a violation of this Code sec tion, including without limitation motor vehicles, is declared to be contraband and is forfeited to the state in the aamc manner ad subject te the same procedures and requirements as provided by Code Section 27-3-48. The hunting and fishing privileges of any person convicted of violating the provisions of this Code section shall be sus pended for three years."
Section 6. Said article is further amended by striking in its entirety Code Section 27-3-48, relating to the confiscation of property for unlawful killing of deer at night, and inserting in lieu thereof the following:
"27-3-48. (a) The tew 'hunting,' as used in this Code section in reference te a vehi cle er Doat, snail include tnc transportation OT a nuntcr te er irom tnc place of nuntmg OF the transportation of the carcass, OF any part thereof, of a dee* which has been unlaw fully killed at night declared to oe eoKtraoan t and forfeited to trie state and sfrail oe confiscated and seized includes tnc county tft wnicn ft seizure ts~ mode OF to nis duly authorized agent1 within ten days of tne seizure. i?nade^ within o\) days alter tne seizure of any vehicle, boat'j animal, OF firearm used tn the hunting ef- dee? at night, shall institute procccdingo by petition in the aupcrior court of any county wnere the seizure was made against tne property so seized ano against property. A copy of tne petition snail oe served upon tne person OF persons having eustedy er possession ef the property at the time ef- the confiscation er seizure and; if Known, upon any owner OF lessee of tne property and any person having a duly recorded having custody OF possession of tne property &t tnc twse of seizure arc unKnown OF reside out of tne state OF depart tne state OF cannot alter due ctiiigencc ~oe round within the state OF conceals himaclf OF themselves so as to avoid service, notice of such proceed ings snail oe pu oiisned once a weeK tor two consecu11ve weeks tft the newspaper m wfticn sheriff's advertisements ef the county are published. The publication shall be deemed notice to any and ail persons naviHg an ifrteFest IR OF rignt affected oy t-ne proceeding

recjuircd to i&e served under tins t^ode section unless triat person 1$ uwknown OF resides out of tiie state OF departs tne state OF canrtot after elue diligence ~oe round witftm tne

by the court; otherwise, the ease shall proceed as other civil cases. Should it appear upon tnc trial of tne case OF tipon default triat tne property was so used and tnat sticn use

any agency OF political stiodivision of tnis state OF order tnat tne propcrty oe sold alter such advcrtiacmcnt as the court may direct. The proceeds arising from the sale shall be appliedi
\L ) i~o tne payment of proper costs and expenses, including

\of t~o tne payment of any cost incurred tft tne storage, advertisement^

2682

JOURNAL OF THE HOUSE,

The Attorney General may, upon the request ef the commissioner, aid the diatrict attorney H the in reis proceeding arising from any seizure er confiscation ef property. tien shall abscond er conceal himself se that actual notice ef the condemnation proceedings cannot DC served upon Titnij fte shall De served oy puDiication &s provided' nt subsection {e} of this Code section in the case of an unknown owner or lessee.
\Q) -All proceedings tgtinst a~Ry vehicle, Dost, animal, or iirearm tor trie purpose 01 eondemnation snail 'be proceedings tft rem against the property! and tne property snail oe descri oed owiy th general terms, it snail oe no ground tor detonse that tne person victcd OF ac fttrtted ot fthy criminal proceedings resulting trom of artsmg out of such use. it ts ttic intent and purpose of tne procedure provided oy this oode section to provide s civil remedy tor tne eondeiflnation and sale of property used m violation of this title t the hunting of deer at night, notwithstanding the conviction or acquittal of the person having possession or custody ot tne property a~t the time of its seizure, i he conviction or acquittal ot any sucn person snail not T&e admisS'tDic fts evidence m any proceeding under this Code section.
\fj Any party at interest msy appear, oy answer under oatn'j and m&Kc nis defense. The owner, lessee, security interest holder, er licnholdcr shall be permitted te defend fey Knowledge, connivance^ or consent, expressed or implied", of tne owner, lessee, security

respectively} provided, nowever, tn&t nothing contained tfi tnis oode section snail oe

tiim,

seized. The court shall determine whether the bond shall be a forthcoming bond er a eventual condemnation money oond and snail also determine tne amount of tne '1 fte efitorcement ot any oond so given snail ~&e regulated 'Dy tne general law 'flppii te seh cases.
(h) The court shall have ft*H discretion and authority te permit ft settlement between tne parties ftt any sta^e ot the proceeding oy permitting to oe paid into court tne value ot trie vonicie or tne value of trie equity therein, as determined oy the court, winch

(a) Any person who hunts deer at night shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 and, in the dis cretion of the sentencing court, imprisonment for not more than 12 months.
{t} (b) If, after July 1, 1978, a person commits and is convicted of two or more viola tions of hunting deer at night, such person shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00, of and, in the discretion of the sentencing court, by imprisonment for not more than 12 months; er by both such fine and imprisonment.
(c) The fines imposed by this Code section shall not be subject to suspension, stay, or probation except that if the court finds that payment of such fine would impose great economic hardship upon the defendant, the court may order such fine paid in installments.
(d) The hunting privileges of a person found guilty of hunting deer at night shall be suspended by the court of .jurisdiction for a period of not less than two years."
Section 7. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Balkcom of the 140th was read and adopted:

WEDNESDAY, MARCH 18, 1992

2683

A BILL To amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife and the privilege to hunt, fish, or trap wildlife, so as to provide for the suspension of certain privileges for certain offenses; to provide for penal ties for disregarding such suspension; to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to prohibit the hunting of wildlife and feral hogs on public roads; to provide a penalty for such offense; to repeal cer tain provisions relating to the confiscation of certain equipment used in hunting game from public roads; to prohibit the killing of wildlife from certain vessels and vehicles; to provide for the suspension of hunting privileges and a penalty for such offense; to repeal certain provisions relating to the confiscation of equipment used in the illegal hunting of alligators; to provide a penalty for the illegal hunting of alligators; to repeal certain provi sions relating to the confiscation of equipment used in hunting bears and in hunting deer at night; to provide for the suspension of hunting privileges and penalties for hunting deer at night; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife and the privilege to hunt, fish, or trap wildlife, is amended by inserting at the end thereof the following: "(g) If any court finds that any criminal violation of the provisions of this title is so egregious as to display a willful and reckless disregard for the wildlife of this state, the court may, in its discretion, suspend the violator's privilege to hunt, fish, trap, pos sess, or transport wildlife in this state for a period not to exceed five years. Any person who hunts, fishes, traps, possesses, or transports wildlife in this state in violation of such suspension of privileges shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00 or imprisonment for a period not exceeding 12 months or both." Section 2. Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Anno tated, relating to hunting, is amended by striking in its entirety Code Section 27-3-10, relating to hunting upon or discharging a weapon across a public road, and inserting in lieu thereof the following: "27-3-10. (a) It shall be unlawful for any person to hunt, with or without dogs, any wildlife upon any public road in this state. It shall also be unlawful for any person while hunting to discharge any weapon from or across any public road in this state. (b) Any person who violates the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $250.00 and, in the discretion of the sentencing court, imprisonment for not more than 12 months; provided, however, that such fine shall not be subject to suspension, stay, or probation except that if the court finds that payment of such fine would impose great economic hardship upon the defendant, the court may order such fine paid in installments." Section 3. Said article is further amended by striking in its entirety Code Section 27-3-11, relating to the confiscation of vehicles and firearms used in hunting game on pub lic roads, which reads as follows: "27-3-11. (a) If a person takes big game by the discharge of a rifle or shotgun while violating Code Section 27-3-10, which prohibits the taking of wildlife on a public road or the discharging of a weapon across a public road, and if such person was within an automobile or other motor vehicle at the time he discharged the rifle or shotgun while violating Code Section 27-3-10, then the automobile or other motor vehicle, as well as the rifle or shotgun, used in the commission of such act is declared to be contraband and forfeited to the state in the same manner and subject to the same procedures and requirements as provided by Code Section 27-3-48, relative to the confiscation and con demnation of vehicles, boats, animals, or firearms used in the hunting of deer at night.

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JOURNAL OF THE HOUSE,

(b) This Code section shall not apply to any of the following persons while engaged in pursuit of official duty or when authorized by federal or state law, regulation, or order:
(1) Peace officers; (2) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof, when possession of the loaded rifle or shotgun is necessary for manufacture, transport, installation, and testing under the requirements of such contract; and (5) District attorneys, investigators employed by and assigned to a district attor ney's office, and assistant district attorneys. (c) In a prosecution based upon a violation of this Code section, the state need not negate any exemptions." Section 4. Said article is further amended by striking in its entirety Code Section 27-3-13, relating to the killing of birds and animals from boats, aircraft, and motor vehi cles, and inserting in lieu thereof the following: "27-3-13. (a) It shall be unlawful to hunt any game bird, game animal, er fur-bear" mg animal wildlife or feral hog from an electric, gas, diesel, or steamboat, a sailboat, an airplane, a hydroplane, a hovercraft, or a motor vehicle. (b) Any person who violates the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $250.00 and, in the discretion of the sentencing court, imprisonment for not more than .12 months; provided, however, that such fine shall not be subject to suspension, stay, or probation except that if the court finds that payment of such fine would impose great economic hardship upon the defendant, the court may order such fine paid in installments."
Section 5. Said article is further amended by striking in its entirety subsection (b) of Code Section 27-3-19, relating to the hunting of alligators and possession of alligator products, which reads as follows:
"(b) Any equipment, including, but not limited to, weapons, vehicles, boats, and lines, used in hunting alligators in violation of subsection (a) of this Code section 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 commissioner or his duly authorized agent within ten days of the seizure. Such contraband shall be disposed of by the commissioner in the same manner and under the same provisions used for the disposal of contraband used in hunting deer at night, as provided in Code Section 27-3-48.", and inserting in lieu thereof the following:
"(b) Any person who violates the provisions of subsection (a) of 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 and, in the discretion of the sentencing court, imprisonment for not more than 12 months; provided, however, that such fine shall not be subject to suspension, stay, or probation except that if the court finds that payment of such fine would impose great economic hardship upon the defendant, the court may order such fine paid in installments.", and by inserting at the end of such Code section the following:
"(f) The hunting privileges of a person found guilty of hunting alligators at night in violation of subsection (a) of this Code section shall be suspended by the court of juris diction for a period not not less than two years."
Section 6. Said article is further amended by striking in its entirety subsection (c) of Code Section 27-3-26, relating to hunting bears, and inserting in lieu thereof the follow ing:
"(c) Any person violating the provisions of this Code section is guilty of a misde meanor of a high and aggravated nature and, upon conviction, may be punished by a

WEDNESDAY, MARCH 18, 1992

2685

fine not to exceed $5,000.00 or by confinement for a term not to exceed 12 months or both. The court may order that restitution be paid to the department of not less than $1,500.00 for each bear or bear part which is the subject of a violation of this Code sec-
tion, including without limitation motor vchiclca, is declared te be contraband and is toricitcd to tnc state m tnc same manner and SUDJCCI to tnc same procedures and rcquircmcnta as provided by Code Section 27-3-48. The hunting and fishing privileges of any person convicted of violating the provisions of this Code section shall be sus pended for three years."
Section 7. Said article is further amended by striking in its entirety Code Section 27-3-48, relating to the confiscation of property for unlawful killing of deer at night, and inserting in lieu thereof the following:
"27-3-48. {si) The term 'hunting,' as used in this Code section reference te a vehicle OF boat, snail include tne transportation of ft nunter to OF from trie place of nunting or the transportation ef the carcass, or any part thereof, ef a deer which has been unlaw fully killed at night.

declared te be contraband and forfeited te the state and shall be confiscated by any peace officer, who shall forthwith deliver it te the district attorney whose circuit includes trie county IR wnicn a seizure t9 made OF to nis duly autnonzed agent witnin

\c) l ne district attorney wnose circuit includes tfie county m WHICH a seizure is the hunting of deer at night, shall institute procccdinga by petition in the superior court of any county wncrc tnc seizure was made against tnc property so seized and against

tody or possession of tnc property at tnc time of tnc confiscation or seizure and, it

navmg custody or possession of tnc property at tnc time of seizure are unltnown or reside out ef 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 ef such proceed ings shall be published once a week for two consecutive weeks in the newspaper in which sheriffs advcrtiocmcnts of the county are published. The publication shall be deemed and flny sale of t>ne property resulting tneFeirorflt out snail not constitute notice to any person navmg a duly recorded security interest IR OF lien upon sticfi property and

state OF conceals nimseii so as to avoid service, it no detense OF intervention snail De filed within 50 days from the filing of the petition, judgment fey default shall fee entered fey the court; otherwise, the ease shall proceed as other civil cases. Should it appear upon tne trial of tne case OF upon detault tnat tne property was so used and tnat sucn use was witn tne consent, express OF implied, of ttie ownepj tne judge of tne superior court any agency OF political suodivision of tnis state OF order tnat tne property oe sold alter such advertisement as the court may direct. The proceeds arising from the sate shall be applied!

\u") rO tne payment of any cost incurred iR tne storage, advertisement, maiflte~ \4/ ft any money remains", to tne general tunds of tne county. i ne Attorney oenerai may, upon tne recjucst of trie commissioner, atci tne district attorney in the in Fern proceeding arising from any seizure OF confiscation of property.

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\d? Where tfl OWnor Of lessee Of ftny prOpefty Seized tor the purpose "Of Condemn S~
tien shall abscond er conceal himaclf se that actual notice ef the condemnation procccd-
subsection {e} ef this Code section k the ease ef an unknown ewner er leaace. \e/ rill proceedings against any vehicle, ooat, ammal, or fif^ftPiH tor the purpose of
condemnation shall be prococdinga m rem against the property; and the property shall

vieted of ftctfu1tted of any criminal proceedins resuitui^ from or arising out of such use.

in the hunting ef deer at night, notwithstanding the conviction er acquittal ef the persen having pO99C9sion &t cusiooy or tiic piropctty ftr ttic time of its seizure, i ne conviction under this Code section.
\f/ Any pflrty st mt^fcst iftdy flppcftpt oy flnswcr unoef ofttn, flnct mftKe fits dGi6H9C. The owner, leaacc, security interest holder, or licnholdcr shall fee permitted fa defend fey Knowledge, comnvfitnce? of consent, expressGu o? implied, of tne owner, lessee, security interest ftoiuer, or fieniioider. i ne noider of any Dona tide lien on or security interest

construed to obligate tne district attorney wnose circuit includes tne county m wftHjn fl

\7 1 ne court to wnicn any sucfi petition tor condemnatton niay De referred may tn its discretion allow any party at interest TO uive Dond and taKe possession of tne venicie eventual condemnation meey bond ad shall afee determine the amount ef the bond. The enforcement ef any bond se given shall he regulated by the general tew applicable te such cases. the parties at any stag* ef the proceeding by permitting te he paid inte court the value of tne vefiicio or tne value of tne ecjuity tnerein, as d'e ter m ifi'ed oy tne court > wnicn

(a) Any person who hunts deer at night shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 and, in the dis cretion of the sentencing court, imprisonment for not more than 12 months.
{j) (b) If, after July 1, 1978, a person commits and is convicted of two or more viola tions of hunting deer at night, such person shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00, ef and, in the discretion of the sentencing court, by imprisonment for not more than 12 months; er by both such fine ad imprisonment.
(c) The fines imposed by this Code section shall not be subject to suspension, stay, or probation except that if the court finds that payment of such fine would impose great economic hardship upon the defendant, the court may order such fine paid in installments.
(d) The hunting privileges of a person found guilty of hunting deer at night shall be suspended by the court of jurisdiction for a period of not less than two years."
Section 8. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 18, 1992

2687

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y BeaUy Y Benefield
Birdsong Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas YMann Y Martin McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat
Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 1. 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 1076.

By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A resolution commending the Westover High School boys' basketball team and inviting the team and its coaches to appear before the House of Repre sentatives.

HR 1073. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A resolution commending and recognizing the University of Georgia steel band and inviting them to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:

HB 1125.

By Representatives Poston of the 2nd, Fennel of the 155th, Orr of the 9th, Meadows of the 91st, Smith of the 16th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in government service and the disclosure of campaign contributions and expenditures; to create the State Ethics Commission; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain provisions relating to lobbying.

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JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for the comprehensive regulation of the conduct of public officials and lobbyists; to provide for a short title; to provide for the reporting of certain honoraria in financial disclosure statements; to change certain provisions relating to the reporting of campaign contributions and expenditures; to change certain provisions relating to certain maximum allowable contributions; to provide for the comprehensive reg ulation of lobbying; to provide for definitions; to provide for procedures, registration, and applicability; to provide for fees; to provide for lobbyist disclosure reports; to provide for procedures and requirements; to provide for the powers, duties, authority, and responsibili ties of the State Ethics Commission with respect to the foregoing; to provide that the giv ing or receiving of certain items under certain circumstances shall not be a violation of law; to amend Code Section 16-10-2 of the Official Code of Georgia Annotated, relating to the offense of bribery, so as to provide for the conditions necessary to prove that such offense has occurred; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain provisions relating to lobbying; to provide an effective date; 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 Public Officials Con duct and Lobbyist Disclosure Act of 1992." Section 2. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by striking subsection (b) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in its place a new sub section (b) to read as follows: "(b) (1) All reports shall list the following:
(i) (A) The amount, name, and mailing address of any person making a contri bution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the pur pose of raising campaign contributions for the reporting candidate; provided, how ever, with respect to a contribution of more than $1,000.00, the business, occupation, or place of employment of the person making the contribution shall be required in addition to that person's contribution amount, name, and mailing address;
{2} (B) The name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made and the amount and general purpose of such expenditure;
{3} (C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occu pations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship;
f4) (D) Total contributions received and total expenditures made stftee the test report; and as follows:
(i) Contributions and expenditures shall be reported for the applicable reporting cycle;
(ii) A reporting cycle shall commence on January 1^ of the year in which an election is to be held for the public office to which a candidate seeks election and shall conclude:
(I) At the expiration of the term of office if such candidate is elected and does not seek reelection or election to some other office;
(II) On December 31 of the year in which such election was held if such candidate is unsuccessful; or

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2689

(III) If such candidate is successful and seeks reelection or seeks election to some other office the current reporting cycle shall end when the reporting cycle for reelection or for some other office begins; (iii) The first report of a reporting cycle shall list the contribution balance brought forward from the previous reporting cycle, if any, and the total contribu tions received during the period covered by the report; (iv) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the reporting cycle; (v) The first report of a reporting cycle shall list the total expenditures made during the period covered by the report; (vi) Subsequent reports shall list the total expenditures made during the period covered by the report and the cumulative total of expenditures made dur ing the reporting cycle; and (vii) If a public officer seeks reelection to the same public office or election to a different public office, the contribution balance at the end of the current report ing cycle shall be carried forward to the first report of the applicable new report ing cycle; and 4&) (E) The corporate, labor union, or other affiliation of any political action committee making a contribution of $101.00 or more. (2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $101.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumula tively exceed $101.00." Section 3. Said chapter is further amended by striking subsection (a) of Code Sec tion 21-5-41, relating to maximum allowable contributions by persons or partnerships, and inserting in its place a new subsection (a) to read as follows: "(a) No person shall for any election make contributions to any candidate for state wide elected office or the General Assembly which in the aggregate exceed $8,600.00 $2,500.00." Section 4. Said chapter is further amended by striking Code Section 21-5-42, relating to maximum allowable contributions by corporations, and inserting in its place a new Code Section 21-5-42 to read as follows: "21-5-42. No corporation shall for any election 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 for the same election by any affiliated cor porations, exceed $0,600.00 $2,500.00." Section 5. Said chapter is further amended by striking Code Section 21-5-43, relating to maximum allowable contributions by political committees, and inserting in its place a new Code Section 21-5-43 to read as follows: "21-5-43. No political committee shall for any election 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 for the same election by any affil iated political committees, exceed $3,600.00 $2,500.00." Section 6. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-50, relating to financial disclosure statements, and inserting in its place a new paragraph (1) to read as follows: "(1) Each monetary fee or honorarium of $101.00 or more which is received accepted by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee received or honorarium accepted and the person from whom it was received accepted;". Section 7. Said chapter is further amended by adding a new article at the end thereof, to be designated Article 4, to read as follows:

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"ARTICLE 4 21-5-70. 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 par ent, subsidiary, branch, division, department, or local unit thereof.
(2) 'Affiliated corporation' means any corporation related to any other corporation as a parent corporation; as a subsidiary corporation; as a sister corporation; by com mon ownership or control; or by control of one corporation by the other.
(3) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referen dum, or a proposed question which is to appear on the ballot in any county or munici pal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any sources and on a vol untary basis. The term 'contribution' shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influ ence a candidate or public officer holding elective office. The term 'contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is fur nished or paid by anyone other than the candidate.
(4) 'Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, the United States, or any foreign country.
(5) 'Direct ownership interest' means the holding or possession of good legal or rightful title of property or the holding or enjoyment of real or beneficial use of the property by any person. The term also includes any interest held jointly or as tenants in common with a spouse.
(6) 'Expenditure': (A) Means a purchase, payment, distribution, loan, advance, deposit, or convey
ance of money or anything of value made for the purpose of: (i) Influencing the nomination for election or election of any person for pub
lic office; (ii) Bringing about the recall of a public officer holding elective office or
opposing the recall of a public officer holding elective office; (iii) Influencing voter approval or rejection of a proposed constitutional amend
ment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal or other political subdivision election; or
(iv) Influencing the actions of any public officer; (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a candidate or public officer; (C) Encompasses transactions wherein anyone other than a candidate furnishes or pays a qualifying fee required of the candidate; (D) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received; and (E) The term shall not include:
(i) The value of personal services performed by persons who serve voluntarily without compensation from any source;
(ii) Political contributions reported as required by law; (iii) A gift received from a member of the candidate's or public officer's imme diate family; (iv) Legal compensation or expense reimbursement provided public employees and public officers in the performance of their duties;

WEDNESDAY, MARCH 18, 1992

2691

(v) Items of tangible personal property valued at $25.00 or less given to one public officer or members of his immediate family which do not aggregate a value of $50.00 or more in a calendar year; and
(vi) Expenses afforded public officers or members of their immediate families that are associated with normal and customary business or social functions or activities valued at $25.00 or less per participant and which expenses do not aggregate a value of $50.00 or more per participant in a calendar year. (7) 'Fiduciary position' means any position imposing a duty to act primarily for the benefit of another person as an officer, director, manager, partner, or other desig nation of general responsibility within a business entity. (8) 'Filed' means the delivery to the State Ethics Commission or a filing officer, as specified in this article, of a document that satisfies the requirements of this article. A document is considered delivered when it is placed in the United States mail within the required filing time, properly addressed to the State Ethics Commission or a filing officer, as specified in this article, with adequate postage affixed. (9) 'Governmental entity' means an agency, the Georgia House of Representatives, the Georgia Senate, and the legislative bodies of each political subdivision of this state.
(10) 'Identifiable group of public officers' means a description that is specifically determinable by available public records.
(11) 'Immediate family' means a spouse, child, parent, brother, sister, or person with an in-law relationship to any such degree.
(12) 'Intangible property' means property which is not real property and which is held for profit, including stocks, bonds, interest in partnerships, choses in action, and other investments but not any ownership interest in any public or private retirement or pension fund, account, or system or any ownership interest in any public or private life insurance contract or any benefit, value, or proceeds of such life insurance con tract.
(13) 'Lobbying' means the activity of a lobbyist while acting in that capacity. (14) 'Lobbyist' means:
(A) Any person who, for compensation, undertakes to support or oppose the pas sage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor;
(B) Any person any part of whose duties as an employee of another person includes undertaking to support or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor;
(C) Any person who makes a total expenditure of more than $100.00 in a calen dar year, not including the person's own travel, food, or lodging expenses, to support or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; or
(D) Any person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A), (B), or (C) of this paragraph. (15) 'Person' means any individual, firm, association, corporation, political commit tee or political organization, labor organization, partnership, business trust, business entity, or other legal entity. (16) 'Political committee' means any political action committee (PAC), committee, club, association, partnership, corporation, labor organization, or other group of per sons which receives donations from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more candi dates for elective public office or campaign committees of candidates for elective pub lic office and also includes a separate segregated fund. Such term shall not include a campaign committee. (17) 'Political organization' means a local, county, or state-wide political party or any other affiliation of electors organized for the purpose of influencing or controlling

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JOURNAL OF THE HOUSE,

the policies and conduct of government through the nomination of candidates for elec tive public office and, if possible, the election of its candidates to elective public office. Such term shall not include a campaign committee.
(18) 'Principal officer' means the chief executive officer, chief financial officer, and secretary or individuals holding similar positions.
(19) 'Public officer' means each member of the General Assembly, each member of the constitutional boards and commissions, and executive officers of the executive branch as enumerated in Articles IV and V of the Constitution of this state, and each employee of their offices specifically involved in the formulation or review of legisla tion.
(20) 'Substantial interest' means the direct or indirect ownership of more than 10 percent of the assets or securities of any business entity.
(21) 'Tangible personal property' means personal property which may be seen, weighed, measured, felt, or touched or which is in any other manner perceptible to the senses. The term 'tangible personal property' shall not include intangible personal property as defined in paragraph (13) of Code Section 48-1-2.
(22) 'Transacting business' or 'transact any business' means to sell or lease any per sonal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative and means to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative. 21-5-71. (a) No person shall engage in lobbying as defined by this article unless such person is registered with the State Ethics Commission as a lobbyist. The adminis tration of this article is vested in the State Ethics Commission. The State Ethics Com mission shall be the successor to the Secretary of State with respect to such officer's former regulation of registered agents. (b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain:
(1) The applicant's name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the general business or purpose of each person, firm, corpora tion, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corpo ration, the general purpose and approximate number of members of the organization; (5) The name and address of each individual employee authorized to appear and engage in lobbying activities on behalf of the applicant. If the applicant is a member ship organization, it is not necessary to disclose the names and addresses of its mem bers who do not lobby as a significant and explicit part of their membership responsibilities; and (6) A statement signed by the person or agency employing, appointing, or authoriz ing the applicant to lobby on its behalf. (c) The lobbyist shall file a supplemental registration indicating any substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or addi tions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), and (4) of subsection (b) of this Code section. (d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference. (e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent. (f) (1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state agency, department, commission, or authority shall be

WEDNESDAY, MARCH 18, 1992

2693

exempted from payment of such registration fees and a person employed by an organi zation exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for payment of an initial reg istration fee of $25.00.
(2) The commission shall collect the following fees: (A) Initial lobbyist registration filed pursuant to this Code section.. $100.00

(B) Lobbyist supplemental or renewal registration filed pursuant to

this Code section.............................................................................

10.00

(C) Each lobbyist identification card issued pursuant to this Code

section...............................................................................................

5.00

(D) Each lobbyist report filed pursuant to Code Section 21-5-73......

10.00

(E) An additional filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed.

(g) As soon as practicable after registering any such person, the commission shall issue to such person and each designated employee of such person an identification card which shall have printed thereon the name of the lobbyist and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person; if applicable, the name of the employee; and the word 'LOBBYIST.' Each lobby ist or employee of the lobbyist while engaged in lobbying at the capitol or in a govern ment facility shall display said identification in a readily visible manner.
(h) The commission shall regularly publish public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public.
(i) The registration provisions of this Code section shall not apply to: (1) Any individual who expresses personal views, on that individual's own behalf,
to any public officer; (2) Any person who appears before a public agency or governmental entity com
mittee or hearing for the purpose of giving testimony when such person is not other wise required to comply with the registration provisions of this Code section;
(3) Any employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes information upon the specific request of a governmental entity;
(4) Any person, other than a lobbyist or an agency, who spends less than $100.00 per year for the purpose of lobbying;
(5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying;
(6) Elected public officers performing the official duties of their public office; and (7) A public employee who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the leg islators. 21-5-72. (a) In addition to other penalties provided in this article, the commission may by order deny, suspend, or revoke for a period not to exceed one year the registra tion of a lobbyist if it finds that the lobbyist:

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(1) Has filed an application for registration with the commission which was incom plete in a material respect or contained a statement that was, in light of the circum stances under which it was made, false or misleading with respect to a material fact;
(2) Has willfully violated or willfully failed to comply with this article or a rule promulgated by the commission under this article;
(3) Has failed to comply with the reporting requirements of this article; or (4) Has engaged in lobbying practices in violation of this article. (b) Application may be made to the commission for reinstatement. Such reinstate ment shall be conducted in the same manner as required for an initial registration under this article and shall be conditioned upon payment of the same registration fees applica ble to an initial registration and also any outstanding penalty fees. 21-5-73. (a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section. (b) A monthly disclosure report, current through the end of the preceding month, shall be filed on or before the fifth day of any month while the General Assembly is in session. (c) A quarterly disclosure report, current through the end of the quarters ending on January 31, April 30, July 31, and October 31 of each year, shall be filed on or before February 5, May 5, August 5, and November 5 of each year. (d) Reports filed by lobbyists shall be verified and shall include: (1) A description of all expenditures, as defined in Code Section 21-5-70, or the value thereof made by the lobbyist or employees of the lobbyist on behalf or for the benefit of a public officer. The description of each reported expenditure shall include:
(A) The name and title of the public officer or, if the expenditure is simulta neously incurred for an identifiable group of public officers the individual identifica tion of whom would be impractical, a general description of that identifiable group;
(B) The amount, date, and description of the expenditure; (C) The provisions of Code Section 21-5-70 notwithstanding, aggregate expendi tures described in divisions (v) and (vi) of subparagraph (E) of paragraph (6) of Code Section 21-5-70 incurred during the reporting period; and (D) If applicable, the number of the bill, resolution, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and (2) The names of any members of the immediate family of a public officer employed by or whose professional services are paid for by the lobbyist during the reporting period. 21-5-74. Notwithstanding any other provision of law, the giving or receiving of any item reportable under this chapter, unless given or received with the specific promise or understanding that it is given or received in return for a promise or understanding by the public officer to perform or not perform an official act, will not be construed to be a violation of law." Section 8. Code Section 16-10-2 of the Official Code of Georgia Annotated, relating to the offense of bribery, is amended by adding a new subsection immediately following subsection (a), to be designated subsection (a.l), to read as follows: "(a.l) The offense of bribery provided for in subsection (a) of this Code section shall not occur unless it is shown that a specific agreement or undertaking existed and that the giving, offering, accepting, or agreeing to accept the benefit, reward, consideration, or thing of value was in return for an explicit promise or understanding by the official to perform or not perform an official act." Section 9. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by striking Chapter 7 which reads as follows:
"CHAPTER 7 28-7-1. (a) Lobbying is any personal solicitation of a member of the General Assem bly, during a session thereof, by private interview, or letter, or message, or other means, not addressed solely to the judgment, to favor or oppose, or to vote for or against any

WEDNESDAY, MARCH 18, 1992

2695

bill, resolution, report, or claim, pending or to be introduced in either branch thereof, by any person who misrepresents the nature of his interest in the matter to such mem ber or who is employed for a consideration by a person or corporation interested in the passage or defeat of such bill, resolution, report, or claim for the purpose of procuring the passage or defeat thereof. Lobbying shall not include such service as drafting peti tions, bills, or resolutions; attending to the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators.
(b) Lobbying shall be punished by confinement in the penitentiary for not less than one year nor more than five years.
28-7-2. (a) Every person representing, with or without compensation, any person, firm, corporation, association, or organization or who is designated to represent any department, board, agency, commission, or authority of state government for the pur pose of aiding or opposing, directly or indirectly, the enactment of a bill or bills or a resolution or resolutions by either house of the General Assembly shall file in the office of the Secretary of State a writing, subscribed by such person, stating the name of the person, firm, corporation, association, or organization or the state department, board, agency, commission, or authority that he represents. This registration shall be valid for only one regular or extraordinary session of the legislature. It shall be the duty of the Secretary of State to provide a suitable docket for such registration, which shall be known as the docket of legislative appearance, with appropriate indices, and to enter promptly therein the names of the parties appearing and on whose behalf they appear. Such docket shall be open to inspection.
(b) Each person registering with the Secretary of State shall pay to him a registra tion fee of $5.00, provided that a person who represents any department, board, agency, commission, or authority of state government shall be exempted from payment of such registration fee. As soon as practicable after registering any such person, the Secretary of State shall issue to him an identification card which shall have printed thereon the name of the registered person and the person, firm, corporation, association, or organiza tion or state department, board, agency, commission, or authority he represents, pro vided that, when any such person represents more than one person, firm, corporation, association, or organization or state department, board, agency, commission, or author ity, such identification card shall have printed thereon the name of the registered person and the words 'REGISTERED AGENT.' Any such person, while in the state capitol during such times as the General Assembly shall be in session, shall have said identifica tion on his person and shall make it available for inspection by all legislators who shall request it of him. At the beginning of each annual session of the General Assembly, the Secretary of State shall report to each house of the General Assembly those persons who have registered with him, along with the respective persons, firms, corporations, or asso ciations or state departments, boards, agencies, commissions, or authorities they repre sent. During sessions of the General Assembly, the Secretary of State shall periodically report to each house those persons who have registered with him since the convening of the General Assembly. The reports of the Secretary of State shall be entered in the journal of each house. All members of the House and Senate shall have the responsibil ity of bringing to the attention of the rules committee of each respective house violations of this Code section and chapter; and the chairmen of the respective rules committees shall have the responsibility of reporting such violations to appropriate officials.
(c) Subsections (a) and (b) of this Code section shall not be construed to apply to any citizen who expresses his personal views, on his own behalf, to any member of the General Assembly on any measure pending before either house of the General Assembly.
(d) Subsections (a) and (b) of this Code section shall not be construed to apply to any person who appears before a committee of either or both houses of the General Assembly for the purpose of expressing his views or giving testimony when such person is not otherwise required to comply with subsections (a) and (b) of this Code section.
(e) Subsections (a) and (b) of this Code section shall not apply to any employee of any department, board, agency, commission, or authority of state government appearing

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before a legislative committee at the committee's request or to any person who furnishes information upon the specific request of a member of the General Assembly or of a department head or constitutional officer representing that department or office.
28-7-3. No person, firm, corporation, or association shall retain or employ an attor ney at law or an agent to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislative measure. No attorney at law or agent shall be employed to aid or oppose legislation for compensation contingent, in whole or in part, upon the passage or defeat of any legislation.
28-7-4. It shall be unlawful for any person registered pursuant to the requirements of Code Section 28-7-2 or for any other person, except as authorized by the rules of the House or Senate, to be on the floor of either house of the General Assembly while the same is in session to discuss privately measures then pending in the General Assembly.
28-7-5. Any person failing to comply with or violating any of the provisions of Code Sections 28-7-2 through 28-7-4 shall be guilty of a misdemeanor.", and inserting in its place the following:
"CHAPTER 7 RESERVED" Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 11. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Lawson of the 9th and Jackson of the 9th move to amend the Com mittee substitute to HB 1125 as follows:
Striking "Section 8" page 19, lines 32 and 33 and page 20, lines 1-11 in its entirety and renumbering accordingly.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams
Aiken N Alford Y Ashe Y Atkins Y Baker N Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty N Benet'ield N Birdsong N Blitch Y Bordeaux N Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush N Buck N Buckner N Byrd Y Campbell Y Canty N Carrell N Carter N Cauthorn

N Chafin N Chambless Y Cheeks Y Childers Y Clark.E N Clark.L Y Coker N Coleman Y Colwell
Connell N Culbreth Y Cummings.B N Cummings.M N Davis.D Y Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton N Fennel N Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin
Green

N Greene N Griffin N Groover N Hamilton Y Hammond N Hanner N Harris.B N Harris.J Y Heard Y Henson Y Herbert N Holland Y Holmes N Howard Y Hudson N Irwin Y Jackson Y Jamieson N Jenkins Y Jones N Kilgore N King Y Kingston Y Klein Y Ladd Y Lane.D N Lane.R N Langford Y Lawrence Y Lawson N Lee N Long

N Lord Lucas
YMann Y Martin N McBee N McCoy Y McKelvey N McKinney.B Y McKinney.C Y Meadows N Merritt Y Milam N Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M Y Orr Y Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston YPoag

Y Porter Poston
N Powell.A Y Powell.C Y Presley N Purcell N Randall Y Ray N Reaves
Redding N Ricketson N Royal N Selman Y Sherrill N Simpson E Sinkfield N Skipper Y Smith.L Y Smith.P N Smith.T Y Smith.W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor Y Teper N Thomas.C N Thomas,M N Thomas.N

WEDNESDAY, MARCH 18, 1992

2697

N Thurmond N Titus Y Tolbert Y Townsend

N Turnquest N Twiggs Y Valenti Y Vaughan

Y Walker,.J N Walker.L Y Wall N Watson

N Watts N White N Wilder Y Williams,

N Williams,.] N Williams.R N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 75, nays 97. The amendment was lost.

The following amendment was read:

Representative Hamilton of the 124th moves to amend the Committee substitute to HB 1125 by inserting between "law;" and "to" on line 18 of page 1 the following:
"to provide that it shall be unlawful to use any public funds for the purpose of lobby ing;".
By striking from line 31 of page 19 the following: "act, will not be construed to be a violation of law.'", and inserting in its place the following: "act, will not be construed to be a violation of law. ing2.1'"-5-75. It shall be unlawful for any person to expend any public funds for lobby

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams N Aiken N Alford N Ashe N Atkins N Baker N Balkcom N Barfoot N Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty N Benefield N Birdsong N Blitch \ Bordeaux N Bostick N Branch Y Breedlove Y Brooks N Brown N Brush N Buck N Buckner N Byrd N Campbell N Canty N Carrcll N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers

N Clark.E N Ciark.L N Coker N Coleman N Colwell
Connell N Culbreth N Cummings,B N Cummings.M N Davis.D N Davis.G Y Davis.M N Dixon.H Y Dixon.S N Dobbs N Dover N Dunn N Edwards
Elliott N Felton N Fennel N Floyd.J.M N FloydJ.W N Flynt N Godbee N Golden N Goodwin
Green N Greene N Griffin N Groover Y Hamilton N Hammond N Manner N Harris.B N Harris.J

N Heard N Henson N Herbert N Holland Y Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King Y Kingston N Klein YLadd N Lane.D N Lane.R Y Langford N Lawrence N Lawson N Lee N Long NLord
Lucas Y Mann N Martin N McBee N McCoy N McKelvey N McKinney.B N McKinney.C Y Meadows N Merritt N Milam

Y Mills N Mobley N Moody N Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M NOrr N Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston YPoag N Porter
Poston N Powell.A N Powell.C Y Presley N Purcell N Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson E Sinkfield

On the adoption of the amendment, the ayes were 25, nays 147.

N Skipper N Smith.L N Smith.P N Smith.T N Smith.W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor Y Teper N Thomas.C N Thomas,M N Thomas.N N Thurmond N Titus N Tolbert N Townsend N Turnquest N Twiggs N Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts Y White N Wilder Y Williams.B N WilliamsJ N Williams.R N Yeargin
Murphy.Spkr

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JOURNAL OF THE HOUSE,

The amendment was lost.

Representative Poston of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representatives Aiken of the 21st and Ray of the 98th move to amend the Committee substitute to HB 1125 by adding following the word "statements" on line 6 of page 1 the following:
"; to provide for additional reporting of certain retainers, fees, and other income in financial disclosure statements".
By redesignating Sections 7 through 11 as Sections 8 through 12, respectively. By adding following Section 6 a new Section 7 to read as follows: "Section 7. Said chapter is further amended by adding at the end of Code Section 21-5-50, relating to financial disclosure statements, a new subsection (d) to read as fol lows:
'(d) In addition to the requirements for financial disclosure statements contained in this article, any person who is elected as a public officer, as defined in paragraph (15) of Code Section 21-5-3, who is an attorney licensed to practice law in the State of Georgia and who after the date such person is first elected to such office is retained as an attorney or consultant by the State of Georgia or any city, county, authority, board of education, or other governmental entity thereof shall include in the financial disclosure statements required by this Code section all retainers, fees, or other income received from any such governmental entity.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams Y Aiken N Alford Y Ashe Y Atkins N Baker N Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty N Benefield N Birdsong Y Blitch Y Bordeaux N Bostick Y Branch Y Breedlove Y Brooks N Brown Y Brush NBuck Y Buckner N Byrd Y Campbell Y Canty N Carrell Y Carter N Cauthorn

Y Chafin N Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker N Coleman N Colwell
Connell N Culbreth N Cummings,B N Cummings,M N Davis.D N Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover N Dunn N Edwards Y Elliott Y Felton N Fennel N Floyd,J.M N Floyd.J.W N Flynt Y Godbee N Golden Y Goodwin
Green

N Greene Y Griffin N Groover Y Hamilton N Hammond N Manner Y Harris.B N Harris.J Y Heard N Henson Y Herbert N Holland Y Holmes Y Howard Y Hudson N Irwin Y Jackson Y Jamieson
Jenkins Y Jones N Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D N Lane.R Y Langford Y Lawrence Y Lawson N Lee Y Long

N Lord Lucas
Y Mann Y Martin N McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills N Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M Y Orr
Orrock N Padgett N Parham N Parrish Y Patten Y Pelote Y Perry N Pettit Y Pinholster N Pinkston Y Poag

Y Porter Poston
Y Powell.A Y Powell.C Y Presley N Purcell N Randall YRay N Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill N Simpson E Sinkfield N Skipper Y Smith.L YN SSmmiitthh.,P'!' Y Smith.W N Smyre N Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat N Taylor Y Teper N Thomas.C Y Thomas.M N Thomas.N

WEDNESDAY, MARCH 18, 1992

2699

N Thurmond Y Titus Y Tolbert Y Townsend

N Turnquest Twiggs
Y Valenti Y Vaughan

Y Walker.J N Walker.L N Wall N Watson

N Watts N White Y Wilder Y Williams.B

On the adoption of the amendment, the ayes were 102, nays 68. The amendment was adopted.

Y Williams.J N Williams.R Y Yeargin
Murphy, Spkr

Representative Poston of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representatives Teper of the 46th and Ray of the 98th move to amend the Committee substitute to HB 1125 by adding on line 5 of page 1 following the word "title" the follow ing:
"; to provide for penalties for persons acting on behalf of public utility corporations regulated by the Public Service Commission who make contributions to political cam paigns".
By striking line 6 of page 2 and inserting in lieu thereof the following: "is amended by striking subsection (f) of Code Section 21-5-30, relating to contributions made to candidates or campaign committees or for recall of a public officer, and insert ing in lieu thereof a new subsection (f) to read as follows:
'(f) A person acting on behalf of a public utility corporation regulated by the Pub lic Service Commission shall not make, directly or indirectly, any contribution to a political campaign. Any person who knowingly violates this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both.' Section 3. Said chapter is further amended by striking subsection (b) of Code Sec tion". By renumbering Sections 3 through 11 as Sections 4 through 12, respectively.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins N Haker N Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty N Beneiield N Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown

Y Brush N Buck Y Buckner N Byrd Y Campbell Y Canty N Carrell Y Carter Y Cauthorn Y Chafin N Chambless Y Cheeks N Childers Y Clark.E Y Clark.L Y Coker N Coleman N Colwell
Connell N Culbreth Y Cummings.B N Cummings.M Y Davis.D

Y Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover N Dunn N Edwards Y Elliott Y Felton Y Fennel N Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin
Green N Greene Y Griffin N Groover Y Hamilton Y Hammond

N Hanner Y Harris.B N Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes N Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D N Lane.K Y Langford

N Lawrence Y Lawson NLee N Long NLord
Lucas Y Mann Y Martin Y McBee N McCoy N McKelvey Y McKinney.B Y McKinney.C Y Meadows N Merritt Y Milam Y Mills Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C

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Y Oliver.M Y Orr Y Orrock N Paduett N Parharn N Parrish N Patten Y Pelote N Perry N Pettit
Y Pinholster N Pinkston Y Poag

Y Porter Poston
N Powell.A Y Powell.C Y Presley N Purcell N Randall Y Ray N Reaves
Redding
Y Ricketson Y Royal N Selman

Y Sherril] N Simpson E Sinkfield N Skipper N Smith.L Y Smith.P N Smith.T Y Smith.W N Smyre N Snow
N Stancil.F Y Stancil.S Y Stanley

N Streat Y Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas.N N Thurmond Y Titus Y Tolbert Y Townsend
Y Turnquest N Twiggs Y Valenti

On the adoption of the amendment, the ayes were 102, nays 68. The amendment was adopted.

Y Vaughan Y Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams,B Y Williams.J
N Williams.R Yeargin Murphy.Spkr

Representative Poston of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representatives McKinney of the 35th and Davis of the 29th move to amend the Committee substitute to HB 1125 by adding on line 5 of page 1 following the word and symbol "title;" the following:
"to change the purpose for which excess campaign contributions may be used;". By adding between lines 3 and 4 on page 2 the following: "Section 2. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by striking paragraph (1) of subsection (b) of Code Section 21-5-33, relating to the disposition of campaign contributions, and inserting in its place a new paragraph to read as follows:
'(1) All contributions received by a candidate or such candidate's campaign com mittee 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 transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee;
(D) For use in future campaigns for any only that elective office for which those contributions were received. In the event the candidate, campaign committee, or public officer holding elective office has not designated, prior to receiving contribu tions to which this Code section is applicable, the office for which campaign contri butions are received thereby, those contributions shall be deemed to have been received for the elective office which the candidate held at the time the contribu tions were received or, if the candidate did not then hold elective office, those con tributions shall be deemed to have been received for that elective office for which that person was a candidate most recently following the receipt of such contribu tions; or
(E) For repayment of any prior campaign obligations incurred as a candidate."'

WEDNESDAY, MARCH 18, 1992

2701

By striking lines 4 through 6 on page 2 and inserting in lieu thereof the following: "Section 3. Said chapter is further amended by striking subsection (b) of Code Sec tion". By redesignating Sections 3 through 11 as Sections 4 through 12, respectively.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Abernathy N Adams Y Aiken N Alford N Ashe Y Atkins N Baker Y Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick N Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner NByrd N Campbell Y Canty N Carrell Y Carter Y Cauthorn Y Chafin N Chambless N Cheeks N Childers

N Clark.E Y Clark.L N Coker Y Coleman N Colwell
Connell N Culbreth N Cummings.B Y Cummings,M N Davis.D Y Davis.G Y Davis.M N Dixon.H N Dixon.S Y Dobbs Y Dover Y Dunn N Edwards Y Elliott Y Felton Y Fennel N Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin
Green N Greene N Griffin N Groover \' Hamilton Y Hammond N Manner N Harris.B N Harris.J

N Heard N Henson N Herbert N Holland Y Holmes Y Howard Y Hudson N Irwin Y Jackson Y Jamieson N Jenkins N Jones Y Kilgore YKing Y Kingston N Klein Y Ladd Y Lane.D N Lane,R Y Langford N Lawrence Y Lawson N Lee YLong N Lord
Lucas Y Mann Y Martin Y McBee N McCoy N McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

N Mills Y Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock N Padgett N Parham Y Parrish Y Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston YPoag Y Porter N Poston Y Powell.A N Powell.C Y Presley N Purcell Y Randall NRay Y Reaves
Redding Y Ricketson Y Royal Y Selman N Sherrill N Simpson E Sinkfield

N Skipper Y Smith.L N Smith.P N Smith.T Y Smith, W Y Smyre N Snow N Stancil.F Y Stancil.S Y Stanley N Streat Y Taylor N Teper N Thomas.C N Thomas,M Y Thomas.N Y Thurmond Y Titus N Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan Y Walker.J N Walker.L Y Wall N Watson N Watts Y White N Wilder N Williams.B Y Williams,J N Williams.R Y Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 91, nays 83. The amendment was adopted.

The following amendment was read:

Representatives Felton of the 22nd, Heard of the 43rd, Stancil of the 8th and Law rence of the 49th move to amend the Committee substitute to HB 1125 by striking lines 5 and 6 of page 1 and inserting in lieu thereof the following:
"short title; to change the provisions relating to financial disclosure statements and the filing thereof; to change".
By striking Section 6 on lines 7 through 19 of page 6 and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. Said chapter is further amended by striking Article 3 of said chapter, relating to financial disclosure statements, which reads as follows:
'ARTICLE 3 21-5-50. (a) (1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as

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JOURNAL OF THE HOUSE,

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 state ment for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of para graph (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 state ment for the preceding calendar year.
(2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than 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. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election, not later than July 1 in the year in which such person qualifies, a financial disclosure state ment for the preceding calendar year.
(3) Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of elec tion or, if there is no clerk, with the chief executive officer of such municipality, 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. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preceding calendar year.
(4) The filing officer shall review each financial disclosure statement to deter mine that such statement is in compliance with the requirements of this chapter.
(5) A public officer shall not, however, be required to file such a financial disclo sure statement for the preceding calendar year in a year in which there occurs quali fying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days.
(6) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for election as a pub lic officer until after the first day of July, such person shall file with the appropriate filing officer no later than the fifteenth day following the date of qualifying as a candidate a financial disclosure statement for the preceding calendar year. (b) A financial disclosure statement shall be in the form specified by the commis sion and shall identify:
(1) Each monetary fee of $101.00 or more which is received by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee received and the person from whom it was received;

WEDNESDAY, MARCH 18, 1992

2703

(2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity;
(3) The name, address, and principal activity of any business entity and the office held by and the duties of the candidate for public office or public officer within such business entity as of December 31 of the covered year in which such candidate or officer has a direct ownership interest which interest:
(A) Is more than 10 percent of the total interests in such business; or (B) Has a net fair market value of more than $20,000.00; (4) Each tract of real property in which the candidate for public office or public officer has a direct ownership interest as of December 31 of the covered year when that interest has a net fair market value in excess of $20,000.00. As used in this par agraph, the term "net fair market" value means the appraised value of the property for ad valorem tax purposes less any indebtedness thereon. The disclosure shall con tain the county and state and general location therein where the property is located; (5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, depart ment, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments. (6) No form prescribed by the commission shall require more information or specify more than provided in the several paragraphs of this Code section with respect to what is required to be disclosed. (c) (1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public offi cer elected state wide qualifying to succeed himself) shall file with the Secretary of State, not later than seven days after so qualifying, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial dis closure 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 or transactions which aggregate $9,000.00 or more in a calendar year 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 with the government of the State of Georgia, the government of any political sub division of the State of Georgia, or any agency of any such government; and (B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which 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 busi ness received any income of any nature 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 subsec tion 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. How ever, 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

2704

JOURNAL OF THE HOUSE,

individual transactions, and other identifying data may be omitted; and for this pur pose "transactions of a privileged nature" shall include transactions between attor ney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar priv ileged and confidential nature.
(3) The financial disclosure statement required by paragraph (1) of this subsec tion shall be accompanied by a financial statement of the candidate's financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held.
(4) (A) As used in this subsection, the term: (i) "Agency" means any agency, authority, department, board, bureau,
commission, committee, office, or instrumentality of the State of Georgia or any political subdivision of the State of Georgia.
(ii) "Financial statement" means a statement of a candidate's financial affairs in a form substantially equivalent to the short form financial statement required for bank directors under the rules of the Department of Banking and Finance.
(iii) "Substantial interest" means the direct or indirect ownership of 10 per cent or mo,re of the assets or stock of any business. (B) As used in this subsection, the term:
(i) "Member of the family" includes the candidate's spouse and dependent children; 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 to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualify ing. 21-5-51. The financial disclosure statements required under this article shall be verified by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths. 21-5-52. Depositing of a properly addressed financial disclosure statement in the United States mails with adequate postage affixed shall constitute filing on the date of mailing. 21-5-53. Financial disclosure statements filed pursuant to this article shall be pub lic records and shall be subject to inspection and copying by any member of the public as provided by law for other public records. Within ten days after the date financial disclosure statements are due, the filing officer shall notify the commission in writing of the names and addresses of candidates or public officers who have not filed finan cial disclosure statements as required by this article.' and inserting in lieu thereof a new Article 3 to read as follows:
'ARTICLE 3 21-5-50. (a) Each candidate and public officer shall file with the commission between January 1 and June 30 of each year a financial disclosure statement for the preceding calendar year.

WEDNESDAY, MARCH 18, 1992

2705

(b) A financial disclosure statement shall be in the form specified by the commis sion and shall identify:
(1) The name, occupation, address, and telephone number of the candidate or public officer;
(2) The primary source of income for the candidate or public officer; (3) Any additional source of income of over $1,000.00 per year; (4) Any asset held by the candidate or public officer for the production of income in a trade or business or for investment which had a fair market value exceeding $1,000.00 at the close of the year; (5) Any liability of the candidate or public officer over $10,000.00 owed to any one creditor at any time during the year. This requirement excludes:
(A) Mortgages on a personal residence unless rented; (B) Loans secured by automobiles, household furniture, or appliances; and (C) Liabilities owed to members of immediate family:
(i) Which represent the family member's sole financial interest or responsi bility and of which the candidate or officer has no knowledge;
(ii) Which are not in any way, past or present, derived from the candidate's or public officer's income, assets, or activities; and
(iii) From which the candidate or public officer neither derives, nor expects to derive, any financial or economic benefit; (6) Each monetary fee a public officer receives from speaking engagements, par ticipation in seminars, discussion panels, or other activities which relate to the offi cial duties of the candidate or public officer or the office of the candidate or public officer, with a statement identifying the fee received and the person or entity from whom it was received; (7) All fiduciary positions held by the candidate or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity; (8) The name, address, and principal activity of any business entity, and the position and duties of the candidate or public officer in any business entity: (A) In which the candidate or public officer has a substantial interest; or (B) Which has a fair market value of more than $20,000.00; (9) Each tract of real property in which the candidate for public office or public officer has a direct ownership interest as of December 31 of the covered year when that interest has a net fair market value in excess of $20,000.00. As used in this par agraph, the term "net fair market value" means the appraised value of the property for ad valorem tax purposes less any indebtedness thereon. The disclosure shall con tain the county and state and general location therein where the property is located; (10) All annual payments in excess of $20,000.00 received by the candidate or public officer or any affiliated business entity from an agency and exempted from disclosure under Code Section 21-5-51, and the name of the agency making the pay ments and the general nature of the consideration rendered for the source of the payments; and (11) A list of all gifts accepted by the candidate or public officer from anyone other than members of such candidate's or public officer's immediate family during

2706

JOURNAL OF THE HOUSE,

the reporting period, the name of the person who gave the gift or gifts, and, where applicable, on whose behalf such gift or gifts were given and the date such gift or gifts were accepted. Gifts from extended family members and personal friends for normal and customary social events such as Christmas, birthdays, and weddings need not be reported; provided, however, that the commission, in writing, may require that the candidate or public officer report such gifts.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken N Alic.rd Y Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick N Branch Y Breedlove Y Brooks N Brown Y Brush N Buck N Buckner N Byrd Y Campbell Y Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker N Coleman N Colwell
Connell N Culbreth N Cummings.B N Cummings.M N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs Y Dover N Dunn N Edwards Y Elliott Y Felton N Fennel N Floyd,J.M N Flovd,J.W N Flynt
Godbee N Golden Y Goodwin
Green N Greene N Griffin N Groover N Hamilton N Hammond N Manner N Harris.B N Harris.J

Y Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson
Jamieson Y Jenkins Y Jones N Kilgore N King Y Kingston Y Klein YLadd N Lane.D N Lane.R N Langford Y Lawrence N Lawson NLee N Long N Lord
Lucas Y Mann N Martin N McBee N McCoy Y McKelvey N McKinney.B N McKinney.C Y Meadows N Merritt N Milam

N Mills Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M Y Orr N Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston YPoag N Porter N Poston N Powell.A N Powell.C Y Presley N Purcell N Randall Y Ray N Reaves
Redding N Ricketson N Royal N Selman Y Sherrill N Simpson E Sinkfield

N Skipper N Smith.L Y Smith.P N Smith.T Y Smith, W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas,N N Thurmond Y Titus Y Tolbert Y Townsend N Turnquest N Twiggs N Valenti Y Vaughan Y Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B N Williams.J N Williams.R
Yeargin Murphy.Spkr

On the adoption of the amendment, the ayes were 52, nays 119. The amendment was lost.

The following amendment was read:

Representative Pinkston of the 100th, et al. move to amend the Judiciary Committee substitute to HB 1125 as follows:
(1) By striking the figure $25.00 and $50.00 respectively on lines 23 and 26 page 9, and inserting in lieu thereof the figures $50.00 and $100.00 respectively.
(2) By striking on line 32, page 9 and line 1, page 10, the figures $25.00 and $50.00 respectively and inserting in lieu thereof $50.00 and $100.00

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken

N Alford N Ashe Y Atkins

N Baker N Balkcom Y Barfoot

Y Bargeron Y Barnett.B Y Barnett.M

Y Bates N Beatty Y Benefield

WEDNESDAY, MARCH 18, 1992

2707

Y Birdsong N Blitch N Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd N Campbell Y Cantv Y Carrell Y Carter N Cauthorn Y Chafin Y Chambless N Cheeks N Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth N Cummings,B
Cummings.M Y Davis.D Y Davis.G N Davis,M

Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M Y Floyd.J.W N Klynt Y Godbee Y Golden N Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton N Hammond Y Manner Y Harris.B Y Harris.J N Heard N Henson N Herbert N Holland N Holmes
Howard Y Hudson Y Irwin N Jackson

Y Jamieson N Jenkins N Jones Y Kilgore YKing N Kingston Y Klein N Ladd Y Lane.D Y Lane.R Y Langford N Lawrence N Lawson YLee YLong Y Lord
Lucas N Mann N Martin Y McBee Y McCoy N McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills N Mobley Y Moody N Morsberger N Moultrie Y Mueller

Y Oliver.C N Oliver.M N Orr N Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit N Pinholster Y Pinkston YPoag N Porter Y Poston Y Powell,A Y Powell,C N Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman N Sherrill N Simpson E Sinkfield Y Skipper Y Smith.L N Smith.P

On the adoption of the amendment, the ayes were 119, nays 51. The amendment was adopted.

Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor N Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert N Townsend Y Turnquest Y Twiggs N Valenti N Vaughan N Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder N Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

Representative Irwin of the 57th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read and ruled out of order:

Representatives Campbell of the 23rd and Davis of the 45th move to amend the Com mittee substitute to HB 1125 as follows:
By deleting Section 8 beginning with page 19, line 32 through page 20, line 11.

The following amendment was read:

Representative Holmes of the 28th moves to amend the Committee substitute to HB 1125 as follows:
Delete words "statewide elected" and "or the General Assembly" on page 5, lines 15 and 16, 23 and 24 and page 6, line 3.
Add the word "public" before the word "office" on page 5, lines 16 and 24, and page 6, line 3 so that Sections 3, 4 and 5 now read:
"candidate for public office".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken

Y Alford Y Ashe Y Atkins

Y Baker Y Balkcom Y Barfoot

N Bargeron Y Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield

2708

JOURNAL OF THE HOUSE,

Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner N Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin N Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell N Culbreth N Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M

Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn N Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin N Groover Y Hamilton N Hammond Y Manner Y Harris.B
Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee N Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller

N Oliver.C Y Oliver.M YOrr Y Orrock N Padgett N Parham Y Parrish Y Patten Y Pelote Y Perry N Pettit Y Pinholster N Pinkston YPoag Y Porter N Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal N Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith,L Y Smith.P

On the adoption of the amendment, the ayes were 154, nays 19. The amendment was adopted.

N Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J N Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

Representative Harris of the 96th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read and adopted:

Representatives Walker of the 115th and Poston of the 2nd move to amend the Com mittee substitute to HB 1125 as follows:
By changing Section 10 to read as follows: "This Act shall become effective on July 1, 1992."

The following amendment was read:

Representative Orr of the 9th moves to amend the Committee substitute to HB 1125 by inserting on line 24 of page 1, following the word and symbol "lobbying;", the following:
"to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for purposes of state income taxes, so as to provide that such taxable net income shall include campaign donations and certain amounts expended with the hope or intent to influence legislation;".
By inserting immediately following line 6 of page 24 the following: "Section 10. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for purposes of state income taxes, is amended by inserting at the end of subsection (b) the following:
'(9) There shall be added to taxable income any contributions to the election cam paigns of public officers or candidates for state or local office and any expenditures

WEDNESDAY, MARCH 18, 1992

2709

made with the intent or hope of influencing legislation, if such contributions or expenditures were applied to reduce the taxpayer's federal adjusted gross income. For purposes of this paragraph, the following expenditures shall, without limiting the breadth of such terms, be deemed to be made with the intent or hope of influencing legislation: any gift of monetary value made to a public officer or a candidate for pub lic office or any member of any such person's immediate family and all entertainment expenses, including meals, drinks, tickets or free admission to any event for which an admission price is charged, and free or reduced rate transportation given to any such person, and any salaries, fees, or expenses paid to any lobbyist, registered agent, or other person or entity for the purpose of contacting, interacting with, educating, or influencing the vote or opinion of any public officer or candidate for public office.'" By redesignating Sections 10 and 11 as Sections 11 and 12, respectively.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams N Aiken N Alford Y Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush N Buck N Buckner N Byrd N Campbell Y Canty N Carrell N Carter N Cauthorn Y Chafin N Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L N Coker N Coleman N Colwell
Connell N Culbreth Y Cummings.B N Cummings,M N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton Y Fennel N Floyd,J.M N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin
Green N Greene N Griffin N Groover Y Hamilton N Hammond N Manner N Harris.B N Harris,J

N Heard N Henson Y Herbert N Holland Y Holmes N Howard Y Hudson N Irwin Y Jackson
Jamieson Y Jenkins Y Jones N Kilgore YKing Y Kingston N Klein Y Ladd Y Lane.D N Lane.R N Langford N Lawrence Y Lawson NLee N Long N Lord
Lucas Y Mann Y Martin Y McBee N McCoy Y McKelvey N McKinney.B Y McKinney,C Y Meadows N Merritt N Milam

N Mills Y Mobley N Moody Y Morsberger Y Moultrie N Mueller N Oliver.C N Oliver,M Y Orr Y Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston YPoag
Porter N Poston N Powell.A N Powell.C Y Presley N Purcell Y Randall YRay N Reaves
Redding N Ricketson N Royal N Selman Y Sherrill N Simpson E Sinkfield

On the adoption of the amendment, the ayes were 62, nays 108. The amendment was lost.

N Skipper N Smith.L Y Smith.P N Smith.T Y Smith.W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor Y Teper N Thomas.C N Thomas.M Y Thomas.N N Thurmond N Titus N Tolbert Y Townsend N Turnquest N Twiggs Y Valenti Y Vaughan Y Walker.J N Walker.L Y Wall N Watson N Watts
White N Wilder Y Williams.B Y Williams.J N Williams.R N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Orr of the 9th moves to amend the Committee substitute to HB 1125 by inserting on line 3 of page 1, following the word "provide", the following:
"that such contributions may only be used to pay a prior campaign debt or be trans ferred to the state treasury; to provide".
By inserting immediately following line 6 of page 2 the following:

2710

JOURNAL OF THE HOUSE,

"21-5-33, relating to the disposition of unused campaign contributions, and inserting in lieu thereof the following:
'(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 auch public officer may only be used as follows:

as said federal statute exists en March 4^ 1086, and which additionally shall include educational, eleemosynary, and nonprofit organizations;

(A) For transferral without

flwy poHticftl pftrty of TO sny *

to the director of the Fiscal Divi

sion of the Department of Administrative Services for deposit in the state treasury;

te exceed the total amount cumulatively contributed by each such transferee; {>} For ttse in future campaigns for any elective office; er 4E) (B) For repayment of any prior campaign obligations incurred as a candi
date. (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 ef the authorized manners for repayment of prior campaign obligations incurred as a candidate 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 state treasury ef the state party with which such candidate or sucn puuiic oiliccr was aiiniatcd tn sucn candidate s &F sucn puolic officer's tast election or elective office after the payment of any expenses pursuant to subsection (a) of this Code section. Notwithstanding any other provisions ef this paraHJFflpn, tne persons! repreSGrvtfl11vc or executor OT toe estflte 9113.11 o^ snowed to" use of psy out iunu9 tR trie cflmpflign QCcount ifi &fiy mflnner EiutnoFized m suQpQpflgrflpns {A) through (B) of paragraph {!) ef this subsection.' Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section". By redesignating Sections 3 through 11 as Sections 4 through 12, respectively.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams N Aiken N Alford N Ashe N Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux
Bostick

N Branch N Breedlove Y Brooks N Brown N Brush N Buck Y Buckner NByrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers N Clark.E N Clark.L

N Coker N Coleman N Colwell
Connell N Culbreth N Cummings.B N Cummings,M N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton N Fennel

N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin
Green N Greene N Griffin N Groover N Hamilton N Hammond N Hanner N Harris.B N Harris.J N Heard N Henson N Herbert N Holland

N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King Y Kingston N Klein NLadd N Lane.D N Lane.R N Langford N Lawrence N Lawson N Lee

WEDNESDAY, MARCH 18, 1992

2711

N Long N Lord
Lucas Y Mann N Martin N McBee N McCov N McKelvey N McKinney.B
McKinney.C N Meadows N Merritt N Milam N Mills N Mobley N Moody N Morsberger

N Moultrie N Mueller N Oliver.C N Ol er,M Y Or N Ol ck N Pa ;ett N Pa N Pa rish N Patten Y Pelote N Perry N Pettit N Pinholster N Pinkston N Poag N Porter

N Poston N Powell.A N Powell.C Y Presley N Purcell N Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson E Sinkfield N Skipper N Smith.L

N Smith,? N Smith.T N Smith, W N Smyre N Snow N Stancil.F N Stancil.S N Stanley N Streat N Taylor Y Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus N Tolbert

Y Townsend N Turnquest N Twiggs N Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts N White N Wilder N Williams.B N Williams,.] N Williams.R N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 14, nays 158. The amendment was lost.

The following amendment was read:

Representative McKinney of the 40th moves to amend the Committee substitute to HB 1125 by inserting between "lobbying;" and "to" on line 24 of page 1 the following:
"to amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding conflicts of interest, so as to repeal certain exceptions to prohibited transactions with state agencies;".
By inserting between lines 6 and 7 of page 24 the following: "Section 9A. Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Geor gia Annotated, relating to general provisions regarding conflicts of interest, is amended by repealing in its entirety Code Section 45-10-25, relating to exceptions to prohibited transactions with state agencies, which reads as follows:
'45-10-25. (a) The provisions of Code Sections 45-10-22, 45-10-23, and 45-10-24 shall not apply to:
(1) Any transaction involving the sale of real property to the state or any agency through eminent domain;
(2) Any transaction involving the purchase by the public official or employee of any health or life insurance, disability benefits, or retirement or pension benefits offered as a part of a public official's or employee's service or employment;
(3) Any transaction between a public official or employee or any business in which such public official or employee or any member of his family has a substan tial interest and any person, the cost of which transaction is paid directly or indi rectly by state funds, if the property or services involved in the transaction are for the private use and benefit of the person to whom such property or services are sold or rendered and such person does not subsequently sell or lease such property or services to an agency;
(4) Any transaction between a public official or employee or any business in which such public official or employee or any member of his family has a substan tial interest and the state or any agency thereof under which it is agreed that the public official or employee or any business in which such public official or employee or any member of his family has a substantial interest is to provide Medicaid and related services and benefits or medicare and related services and benefits, or both, and under which it is agreed that the state or any agency thereof is to reimburse or pay for the services and benefits so provided;
(5) Any transaction between a public official or employee or any business in which such public official or employee or any member of his family has a substan tial interest and the state or any agency thereof under which the public official or

2712

JOURNAL OF THE HOUSE,

employee or any business in which such public official or employee or any member of his family has a substantial interest directly or indirectly receives reimbursement or payment from the state or any agency thereof for providing Medicaid and related services and benefits or medicare and related services and benefits, or both, and under which the state or any agency thereof reimburses or pays the public official or employee or any business in which such public official or employee or any mem ber of his family has a substantial interest for providing Medicaid and related ser vices and benefits or medicare and related services and benefits, or both;
(6) Any transaction between a public official or employee or any business in which such public official or employee or any member of his family has a substan tial interest and any state contractor if there was no agreement prior to the transac tion that the public official or employee would assist, other than by providing goods or services as required under the terms of the agreement underlying the transaction, the contractor in obtaining, retaining, or fulfilling the state contract and if the pub lic official or employee does not assist, other than by providing goods or services as required under the terms of the agreement underlying the transaction, the contrac tor in obtaining, retaining, or fulfilling the state contract;
(7) Any transaction involving part-time employment by the Georgia Building Authority of custodial and cleaning workers who work for other agencies;
(8) Any transaction involving part-time employment by any agency of a chap lain; fireman; any person holding a doctoral or master's degree from an accredited college or university; a licensed physician, dentist, or psychologist; a registered nurse or licensed practical nurse; or a certified oral or manual interpreter for deaf persons, if employed by the state, if:
(A) The chief executive officer of the department, agency, commission, or authority which desires to obtain the services of a chaplain; fireman; any person holding a doctoral or master's degree from an accredited college or university; a licensed physician, dentist, or psychologist; a registered nurse or licensed practical nurse; or a certified oral or manual interpreter for deaf persons presently employed by another department, agency, commission, or authority of the state shall certify in writing the need for the services and set forth why the best inter est of the state will be served by obtaining the part-time services of such a person in lieu of obtaining such services from a person not presently employed by the state;
(B) The chief executive officer of the department, agency, commission, or authority presently employing the chaplain; fireman; any person holding a doctoral or master's degree from an accredited college or university; the licensed physician, dentist, or psychologist; the registered nurse or licensed practical nurse; or the certified oral or manual interpreter for deaf persons shall certify in writing that the person whose services are desired is available to perform such services, that the performance of such services will not detract or have a detrimental effect on the performance of said person's employment and, where appropriate, that the part-time employment of such person by the department, agency, commission, or authority desirous of obtaining the services will be in the best interest of the state; and
(C) The departments, agencies, commissions, or authorities, after having com plied with subparagraphs (A) and (B) of this paragraph shall, by agreement, establish the procedures under which the employee shall perform the additional services. The agreement shall specify the means of employment either as a parttime employee or as a consultant, the compensation, and other pertinent details and conditions of the employment relationship. The agreement shall be termina ble at any time by either of the departments, agencies, commissions, or authori ties; (9) Any transaction involving the Public Service Commission's employment of any state employee who has any particular expertise or knowledge which may be of assistance to the Georgia Public Service Commission or the consumers" utility coun sel in fulfilling its duties and responsibilities under Title 46. The terms and condi tions of such employment shall be solely determined by the Georgia Public Service

WEDNESDAY, MARCH 18, 1992

2713

Commission; but, in any event, the employee may not provide services to the Geor gia Public Service Commission during such times as he is regularly scheduled to be at his primary place of employment unless the employee has received permission to do so from his regular employer or unless the employee is on annual leave or leave without pay;
(10) Any transaction involving an emergency purchase by any agency which must be made to protect the health, safety, or welfare of the citizens or property of Geor gia;
(11) Any transaction involving property or a service for which the only source of supply in the State of Georgia is from the public official or employee or a business in which such public official or employee or member of his family has a substantial interest;
(12) Any transaction occurring prior to March 1, 1983; (13) Any transaction occurring prior to qualifying to run for elective office, accepting appointment to public office, or accepting public employment and any transaction occurring after qualifying to run for elective office, accepting appoint ment to public office, or accepting public employment if the legal obligation and duty to undertake such transaction arose prior to qualifying to run for elective office, accepting appointment to public office, or accepting public employment; (14) Any transaction whereby a public official or employee or any business in which such public official or employee or any member of his family has a substan tial interest collects a fee or commission as compensation for performing a service for the state when such performance is required or authorized by law, including but not limited to the collection of state sales tax, the collection of license fees, and the collection of excise taxes; (15) Any transaction whereby an appointed public official or employee, under the procedures specified in this paragraph, sells to a unit of the University System of Georgia services as a teacher or instructor of an evening or night course or program, if:
(A) The chief executive officer of the unit of the University System of Georgia shall certify in writing the need for the services and set forth why the best inter est of the state will be served by obtaining the services of such state official or employee in lieu of obtaining such services from a person not presently employed by the state;
(B) The chief executive officer of the department, agency, commission, or authority presently employing the state official or employee shall certify in writ ing that the person whose services are desired is available to perform such ser vices, that the performance of such services will not detract or have a detrimental effect on the performance of said person's full-time employment, and, where appropriate, that the employment of such person by the unit of the University System of Georgia will be in the best interest of the state; and
(C) The departments, agencies, commissions, authorities, and units, after hav ing complied with subparagraphs (A) and (B) of this paragraph, shall, by agree ment, establish the procedures under which the official or employee shall perform the additional services. The agreement shall specify the means of employment, the compensation, and other pertinent details and conditions of the employment rela tionship. The agreement shall be terminable at any time by any of the depart ments, agencies, commissions, authorities, or units; or (16) Any transaction involving the lease for the purpose of small business and economic development of laboratory and research facilities owned by the Board of Regents of the University System of Georgia during times when the laboratory and research facilities are not in use. (b) Authority is given for a public official or employee or any business in which such public official or employee or any member of his family has a substantial interest and the state or any agency thereof to engage in any transaction exempted from the coverage of this part by subsection (a) of this Code section and subsection (b) of Code Section 45-10-24 and any transaction necessary and proper to such transaction.'"

2714

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams N Aiken N Alford N Ashe N Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield
Birdsong Y Blitch N Bordeaux N Bostick N Branch N Breedlove Y Brooks Y Brown N Brush N Buck N Buckner N Byrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers

N Clark.E Clark.L
N Coker N Coleman N Colwell
Connell N Culbreth N Cummings.B Y Cummings.M N Davis.D Y Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover NDunn N Edwards N Elliott
Felton N Fennel N Floyd,J.M N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin
Green N Greene N Griffin N Groover Y Hamilton N Hammond N Manner N Harris.B N Harris.J

N Heard N Henson N Herbert N Holland N Holmes Y Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore N King Y Kingston N Klein YLadd N Lane.D N Lane.R N Langford N Lawrence N Lawson N Lee N Long NLord
Lucas YMann N Martin N McBee N McCoy N McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt N Milam

N Mills N Mobley
Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M Y Orr N Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston YPoag N Porter N Poston
Powell.A N Powell.C N Presley N Purcell N Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson E Sinkfield

N Skipper N Smith.L N Smith.P
Smith.T N Smith, W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Sweat Y Taylor Y Teper N Thomas.C N Thomas, M N Thomas.N N Thurmond N Titus N Tolbert
Townsend N Turnquest N Twiggs
Valenti N Vaughan N Walker.J N Walker.L Y Wall N Watson N Watts Y White N Wilder Y Williams.B Y WilliamsJ N Williams.R N Yeargin
Murphy .Spkr

On the adoption of the amendment, the ayes were 27, nays 139. The amendment was lost.

Representative Cummings of the 134th moved that the House reconsider its action in giving the requisite constitutional majority to the Aiken amendment to the Committee substitute to HB 1125.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken Y Alford Y Ashe N Atkins Y Baker Y Balkcom N Barfoot N Bargeron Y Barnett.B N Barnett.M N Bates N Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks

Y Brown N Brush YBuck N Buckner YByrd Y Campbell N Canty Y Carrell N Carter Y Cauthorn N Chafin Y Chambless N Cheeks N Childers N Clark.E N Clark.L N Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B

Y Cummings.M Y Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn Y Edwards N Elliott N Felton Y Fennel N Floyd.J.M Y Floyd.J.W Y Flynt
Godbee Y Golden N Goodwin
Green N Greene N Griffin

Y Groover N Hamilton Y Hammond Y Hanner N Harris.B Y Harris.J Y Heard Y Henson N Herbert Y Holland N Holmes Y Howard N Hudson Y Irwin Y Jackson N Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston N Klein

N Ladd Y Lane.D Y Lane.R N Langford N Lawrence N Lawson Y Lee N Long N Lord Y Lucas N Mann N Martin Y McBee N McCoy N McKelvey N McKinney.B N McKinney.C N Meadows Y Merritt N Milam Y Mills Y Mobley

WEDNESDAY, MARCH 18, 1992

2715

N Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M NOrr Y Orrock Y Padgett Y Parham N Parrish N Patten Y Pelote N Perry

Y Pettit N Pinholster Y Pinkston YPoag Y Porter Y Poston N Powell.A N Powell.C N Presley Y Purcell Y Randall N Ray Y Reaves
Redding

N Ricketson N Royal Y Selman N Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L N Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F

On the motion, the ayes were 95, nays 79. The motion prevailed.

N Stancil.S Y Stanley N Streat Y Taylor N Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus N Tolbert Y Townsend Y Turnquest N Twiggs

N Valenti N Vaughan N Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White N Wilder N Williams.B Y Williams,J N Williams.R N Yeargin
Murphy ,Spkr

On the re-adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken N Alford Y Ashe Y Atkins N Baker N Balkcom Y Barfoot Y Bargeron N Barnett.B Y Barnett,M Y Bates
Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick
Y Branch Y Breedlove N Brooks Y Brown Y Brush N Buck N Buckner N Byrd N Campbell Y Cantv N Carrell Y Carter N Cauthorn Y Chaiin N Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker N Coleman N Colwell
Connell N Culbreth N Cummings.B N Cummings.M
N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S Y Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton N Fennel
N Floyd.J.M N Floyd.J.W N Flynt Y Godbee N Golden Y Goodwin
Green Y Greene Y Griffin N Groover Y Hamilton N Hammond N Hanner Y Harris.B N Harris.J

Y Heard N Henson Y Herbert N Holland Y Holmes N Howard Y Hudson N Irwin N Jackson Y Jamieson Y Jenkins Y Jones N Kilgore YKing Y Kingston Y Klein YLadd N Lane.D N Lane.R Y Langford Y Lawrence Y Lawson N Lee N Long Y Lord N Lucas Y Mann Y Martin N McBee Y McCoy Y McKelvey N McKinney.B Y McKinney.C Y Meadows N Merritt Y Milam

Y Mills N Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M YOrr N Orrock Y Padgett " N Parham N Parrish Y Patten N Pelote Y Perry N Pettit Y Pinholster N Pinkston NPoag Y Porter
N Poston Y Powell,A Y Powell.C Y Presley N Purcell N Randall YRay N Reaves
Redding Y Ricketson Y Royal N Selman Y Sherrill N Simpson E Sinkfield

N Skipper N Smith.L Y Smith.P N Smith.T Y Smith.W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley Y Streat N Taylor Y Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond Y Titus Y Tolbert Y Townsend N Turnquest N Twiggs N Valenti Y Vaughan Y Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B N Williams,J N Williams.R Y Yeargin
Murphy.Spkr

On the re-adoption of the amendment, the ayes were 83, nays 92. The amendment was lost.

On the adoption of the Committee substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe

Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron

Y Barnett.B Y Barnett.M Y Bates N Beatty Y Benefield

Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch

Y Breedlove N Brooks Y Brown Y Brush Y Buck

2716

JOURNAL OF THE HOUSE,

Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks N Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.d Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton

Y Fennel Y Flovd.J.M Y Floyd.J.W Y Flvnt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston

Y Klein YLadd Y Lane.D Y Lane.R N Langford Y Lawrence Y Lawson YLee Y Long YLord N Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M N Orr Y Orrock

Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A
Y Powell.C N Preslev Y Purceli Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas, M Y Thomas.N Y Thurmond Y Titus Y Tolbert N Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Committee substitute, as amended, the ayes were 166, nays 9.
The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnell.B Y Barnelt.M Y Bates Y Beattv Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Y Carter

Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden

Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner
Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R N Langford Y Lawrence

Y Lawson YLee YLong YLord N Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M NOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry

Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat

WEDNESDAY, MARCH 18, 1992

2717

Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N

Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L

Y Wall Y Watson Y Watts Y White Y Wilder

Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Due to mechanical malfunction, the votes of Representatives Bargeron of the 108th and Coleman of the 118th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem announced the House in recess until 3:00 o'clock, this after noon.

2718

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

Representative Lucas of the 102nd 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 fol
lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1981 Do Pass Respectfully submitted,
/a/ Lucas of the 102nd Chairman

Representative Parham of the 105th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bills
of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1266 Do Pass, by Substitute SB 489 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 105th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of
the House and has instructed me to report the same back to the House with the following recommendations:
HR 1073 Do Pass HR 1076 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The following Resolutions of the House were read and adopted:

HR 1077.

By Representative Williams of the 48th: A resolution commending District 17 of the United States Power Squadron and recognizing March 20, 1992, as District 17 of the United States Power Squadron Day in Georgia.

WEDNESDAY, MARCH 18, 1992

2719

HR 1078. By Representative Floyd of the 154th: A resolution commending Ms. Jacquelyn L. Burley.

HR 1079. By Representative Williams of the 48th: A resolution commending Mr. Robert T. Leathers.

HR 1080. By Representative Holmes of the 28th: A resolution recognizing Ciboulette Restaurant.

HR 1081. By Representatives Pelote of the 127th, Hamilton of the 124th, Kingston of the 125th and Merritt of the 123rd: A resolution commending the Reverend Edward Lamar Ellis, Jr.

HR 1082.

By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A resolution recognizing and commending Chestnut Mountain Baptist Church.

HR 1083. By Representatives Harris of the 96th, Taylor of the 94th, Buck of the 95th, Culbreth of the 97th, Smyre of the 92nd and others: A resolution commending the Reverend Robert Lee Holston.

HR 1084. By Representative Beatty of the 12th: A resolution expressing regret at the untimely passing of Mr. Hal Potts.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 1073. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A resolution commending and recognizing the University of Georgia steel band and inviting them to appear before the House of Representatives.

HR 1076. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A resolution commending the Westover High School boys' basketball team and inviting the team and its coaches to appear before the House of Repre sentatives.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:

HB 2094.

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 Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a third judge of the superior courts of the Flint Judicial Circuit.

2720

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.

HR 1010. By Representative Holland of the 136th: A resolution designating the Scooterville 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 100, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1561.

By Representative Dover of the llth: A bill to amend Code Section 48-5-20 of the Official Code of Georgia Anno tated, relating to the effect of failure to return taxable property, so as to pro vide for conditions under which certain real property shall be deemed to have been returned for taxation.

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 Anno tated, relating to general provisions regarding ad valorem taxation of property, so as to repeal certain provisions authorizing real estate transfer tax forms to serve as returns of real property; to provide for conditions under which certain real property shall be deemed to have been returned for taxation; to provide for valuation in connection therewith; to provide for construction of such provisions with respect to certain homestead exemptions and personal property exemptions; 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 Anno tated, relating to general provisions regarding ad valorem taxation of property, is amended by repealing subsection (d) of Code Section 48-5-15, relating to returns of taxable real property, which reads as follows: "(d) The filing of a real estate transfer tax form in conjunction with the payment of the real estate transfer tax required under Article 1 of Chapter 6 of this title contain ing the information otherwise required for a return of real property under this Code sec tion shall serve as a return of such real property under this Code section." Section 2. Said article is further amended by striking subsection (a) of Code Section 48-5-20, relating to the effect of failure to return taxable property, and inserting in its place a new subsection (a) to read as follows: "(a) (1) Any taxpayer of any county who returned or paid taxes in the county for the preceding tax year and who fails to return his property for taxation for the current tax year as required by this chapter shall be deemed to have returned for taxation the same property as was returned or deemed to have been returned in the preceding tax year at the same valuation as the property was finally determined to be subject to taxation in the preceding year. Each such taxpayer shall also be deemed to have

WEDNESDAY, MARCH 18, 1992

2721

claimed the same homestead exemption and personal property exemption as allowed in the preceding year.
(2) Any taxpayer of any county who acquired real property by transfer in the pre ceding tax year for which a properly completed real estate transfer tax form has been filed and the real estate transfer tax required under Article 1 of Chapter 6 of this title has been paid, and where no subdivision of the real property has occurred at the time of transfer, shall be deemed to have returned for taxation the same real property as was acquired by transfer at the same valuation as the real property was finally deter mined to be subject to taxation in the preceding year. Nothing in this paragraph shall be construed to relieve the taxpayer of the responsibility to file a new timely claim for a homestead exemption and personal property exemption or to file a timely return where improvements have been made to the real property since it was last returned for taxation." Section 3. This Act shall become effective on July 1, 1992. Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 101, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1420. By Representatives Holland of the 136th, Ray of the 98th and Hudson of the 117th: A bill to amend Code Section 11-9-203 of the Official Code of Georgia Anno tated, relating to the attachment and enforceability of security interests, so as to provide that a security interest in future crops shall not attach to the portion of the crops due to a sharecropper.

The following substitute, offered by Representatives Holland of the 136th and Hudson of the 117th, was read and adopted:

A BILL To amend Code Section 11-9-203 of the Official Code of Georgia Annotated, relating to the attachment and enforceability of security interests, so as to provide that a security interest in future crops shall not attach to the portion of the crops due to a sharecropper; to amend Code Section 11-9-312 of the Official Code of Georgia Annotated, relating to pri orities among conflicting security interests in the same collateral, so as to provide that cer tain perfected production loans shall take priority over certain earlier perfected security interests; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 11-9-203 of the Official Code of Georgia Annotated, relating to the attachment and enforceability of security interests, is amended by inserting at the end thereof the following: "(5) A security interest in future crops granted by the owner of an estate in land pursuant to Code Section 11-9-204 shall, in the event of a sharecropping agreement, not attach to that portion of such crops due to the sharecropper pursuant to such agreement unless the sharecropper executes a security agreement granting a security interest in such portion."

2722

JOURNAL OF THE HOUSE,

Section 2. Code Section 11-9-312 of the Official Code of Georgia Annotated, relating to priorities among conflicting security interests in the same collateral, is amended by striking in its entirety subsection (2) and inserting in lieu thereof the following:
"(2) A perfected security interest in crops for new value given to enable the debtor to produce the crops during the production season and given not more than three months before the crops become growing crops by planting or otherwise takes priority over an earlier perfected security interest to the extent that such earlier interest secures obligations due or existing more than six months before the crops become growing crops by planting or otherwise, even though the person giving new value had knowledge of the earlier security interest."
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 97, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2029.

By Representatives Smyre of the 92nd and Brown of the 88th: A bill to amend Chapter 22 of Title 45, known as the "Public Employee Haz ardous Chemical Protection and Right to Know Act of 1988," so as to trans fer the administration of such Act from the Department of Labor to the state merit system.

The following Committee substitute was read and adopted:

A BILL To amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, known as the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to provide for editorial changes; to delete the requirement of a training program for employees who are exposed to hazardous chemicals in the course of employment; to autho rize certain fees and charges; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 22 of Title 45 of the Official Code of Georgia Annotated, known as the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," is amended by striking Code Section 45-22-8, relating to training and information stan dards, in its entirety, and inserting in its place a new Code Section 45-22-8 to read as fol lows: "45-22-8. (a) Each employer shall be required to comply with the minimum infor mation standards set forth in this subsection. Each employee shall be informed of:
(1) The requirements of this Code section; (2) What a material safety data sheet is and the contents of the material safety data sheet for any hazardous chemical to which he the employee is exposed, or equiva lent information, either in written form or through training programs; (3) Any operations in his the employee's work area where hazardous chemicals are present; (4) The location and availability of training programs; (5) His The employee's right to receive information regarding hazardous chemicals to which he or she may be exposed; (6) His The employee's right for his or her physician to receive information regard ing hazardous chemicals to which the employee may be exposed; and

WEDNESDAY, MARCH 18, 1992

2723

(7) His The employee's right against discharge or other discrimination due to the employee's exercise of the rights provided by this chapter. (b) In addition te providing the information required by subacction (a> of this Code section, each employer shall be required to provide a training program for aH employees WHO are exposed to ftftzarclous cnemicais tti tnc norms! course of tneir employment. explain any physical or nealtn nazards associated with trie use of ctte cncmical r mix* turc; proper precautions for handling, necessary personal protective equipment or other aafcty precautions necessary te prevent er minimize exposure to the hazardous chemical; ous cnemical tn & worlc area, including, out not limited to, spot enecK monitorHIg, con tinuous monitoring, or metftods of visual or lactopy oictec11onj trie labeling system find tnc material sfliGty data sneot, snd now employees CQR ootftin 8Rd use tfte spproppiflte hazard information; an4 emergency procedures for spilla, fife; disposal, emel first dtdr appropriate and related to tne joo^ w nenever any employer receives a new of revised material aafcty date sheet, such information shall be provided to employees e a timely

those stated en a material aafcty data shet previously provided. {e} (b) The department shall by rule and regulation establish minimum information
and training standards for compliance with this Code section. The Governor's Employ ment and Training Council shall be authorized to make recommendations to the depart ment regarding the development and implementation of such standards."
Section 2. Said chapter is further amended by adding a new Code section at the end thereof, to be designated Code Section 45-22-13, to read as follows:
"45-22-13. The department shall be authorized to establish reasonable fees and charges which any other department, board, commission, or agency of the state shall pay to the department with respect to the administration of this chapter on behalf of any other department, board, commission, or agency of the state. Such fees and charges shall not exceed the actual cost incurred by the department."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 108, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 1377. By Representatives Flynt of the 75th, Dover of the llth, Adams of the 79th, Buckner of the 72nd, Hammond of the 20th and others: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to change the definition of a taxable nonresident; to provide for the allocation of income of a taxable nonresident; to change the definition of wages with respect to certain nonresidents.
The following Committee substitute was read and adopted:
A BILL To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the definition of a taxable nonresident; to provide for the allocation of income of a taxable nonresident; to change the definition of wages with

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JOURNAL OF THE HOUSE,

respect to certain nonresidents; 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. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking subparagraph (A) of paragraph (11) of Code Sec tion 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding state income taxes, and inserting in its place a new subparagraph (A) to read as follows:
"(A) Every individual who is not otherwise a resident of this state for income tax purposes and who regularly and not casually or intermittently engages within this state, by himself or by means of employees, agents, or partners, in employment, trade, busi ness, professional, or other activity for financial gain or profit including, but not limited to, the rental of real or personal property located within this state or for use within this state. 'Taxable nonresident' does not include a legal resident of another state whose only activity for financial gain or profit in this state consists of performing services in this state f-er an employer when the remuneration for the services does not exceed 6 percent ef- the $8,000.00 of taxable income received by the person for performing services in aH places during any taxable year this state."
Section 2. Said chapter is further amended by striking subsection (b) of Code Sec tion 48-7-30, relating to the allocation and taxation of income of nonresidents, and insert ing in its place a new subsection (b) to read as follows:
"48-7-30. (b) A taxable nonresident whose income is derived from employment, trade, business, professional, or other activity performed or carried on within and out side this state shall be taxed only upon the income derived from carrying on the activity within this state. The amount of taxable income may shall be determined by a separate accounting an allocation of the income if in the manner prescribed by the commissioner by regulation ta satisfied to provide that the separate accounting allocation reflects cor rectly the income fairly attributable to this state. Otherwise, the amount ef taxable mcome 9fiQ.ll "Be determined tn tne ntflnn6F ppcscnoed oy tnis cnsptei1 tor tno fliioc&tion
4-K jo
Section 3. Said chapter is further amended by striking subparagraph (K) of para graph (10) of Code Section 48-7-100, relating to definitions regarding current income tax payment, and inserting in its place a new subparagraph (K) to read as follows:
"(K) For services performed by a nonresident if the nonresident has been within tins stfltc tor no more tn&n Tfro cslcndsr dflys dunn tti6 cfllendflr less than $8,000.00 of taxable income within this state during the calendar year; or".
Section 4. This Act shall become effective on January 1, 1993, and shall be applica ble to all taxable years beginning on or after January 1, 1993.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abernathy Adams
Y Aiken Alford
N Ashe
Y Atkins Baker
Y Balkcom Y Barfoot

Y Bargeron Y Barnett.B
Y Barnett.M Y Bates N Beatty
Y Benefield Y Birdsong Y Blitch N Bordeaux

Y Bostick Y Branch
N Breedlove N Brooks N Brown
N Brush Y Buck Y Buckner Y Byrd

N Campbell Canty
Y Carrell Y Carter N Cauthorn
Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark, E Clark.L
Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M

WEDNESDAY, MARCH 18, 1992

2725

Y Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y' Dover Y Dunn Y Edwards N Elliott N Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden
Goodwin Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris,,)

N Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins N Jones Y Kilgore Y King Y Kingston N Klein NLadd Y Lane.D N Lane.R Y Langford N Lawrence Y Lawson YLee Y Long YLord
Lucas N Mann

Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney,C N Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit N Pinholster

Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell
Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith.T N Smith.W Smyre Y Snow Y Stancil.F N Stancil.S

N Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert N Townsend
Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White N Wilder Y Williams.B
Williams.J N Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 123, nays 30. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Holmes of the 28th, Fennel of the 155th and Adams of the 79th 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.

Due to mechanical malfunction, the vote of Representative Thurmond of the 67th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 2126. By Representative Lane of the 27th: A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2127. By Representatives Campbell of the 23rd and McKinney of the 40th: A bill to provide for the creation of one or more community improvement districts in the City of Alpharetta.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2128. By Representative Brush of the 83rd: A bill to create a board of elections for Columbia County and provide for its powers and duties; to provide a method for appointment, resignation, and removal of its members.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 2129. By Representative Brush of the 83rd: A bill to create a board of elections for Columbia County and provide for its powers and duties; to provide for the composition of the board of elections and the selection, qualification, and terms of its members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2130. By Representative Brush of the 83rd: A bill to amend an Act creating a new Board of Commissioners of Columbia County, so as to change the composition of the districts from which members are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2131. By Representatives Dunn of the 73rd, Lawson of the 9th and Griffin of the 6th: A bill to amend Article 2 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to preferred provider arrangements, so as to pro vide for legislative intent; to revise definitions; to provide that preferred provider arrangements shall allow inclusion for all health care providers in the state.
Referred to the Committee on Insurance.

HB 2132. By Representatives Coker of the 21st, Aiken of the 21st, Vaughan of the 20th, Wilder of the 21st, Atkins of the 21st and others: A bill to amend an Act creating the State Court of Cobb County, so as to provide the criminal procedures to be used in the state court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2133. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act establishing the State Court of Carroll County, so as to change the compensation of the solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2134. By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Tolbert of the 58th, Thomas of the 55th and others: A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2135. By Representative Edwards of the 112th: A bill to provide a new charter for the City of Ellaville.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 18, 1992

2727

HB 2136. By Representative Murphy of the 18th: A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Anno tated, relating to regulation of funeral directors, embalmers, and funeral establishments, so as to redefine certain terms; to change provisions relating to sale of funeral merchandise; to change provisions relating to qualifications for a funeral director's license and requirements for funeral establishment operations.
Referred to the Committee on Health & Ecology.

HB 2137. By Representative Streat of the 139th: A bill to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, so as to reapportion the commissioner dis tricts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2138. By Representative Streat of the 139th: A bill to amend an Act establishing a board of education of Coffee County, so as to reapportion the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2139. By Representative Birdsong of the 104th: A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to provide for the election of members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2140. By Representatives Flynt of the 75th and Herbert of the 76th: A bill to further define, prescribe, and enlarge the powers and duties of the Griffin-Spalding County Development Authority and further to regulate the management and conduct.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2141. By Representatives Powell of the 13th and Clark of the 13th: A bill to create the Hart County Water and Sewer Utility Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2142. By Representatives Moody of the 153rd and Byrd of the 153rd: A bill to provide a method of appointment for members of the Baxley Appling County Hospital Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2143. By Representative Morsberger 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.

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JOURNAL OF THE HOUSE,

HR 1074. By Representatives Dunn of the 73rd, Lawson of the 9th and Griffin of the 6th: A resolution urging the Insurance Department of the State of Georgia to review private plans of health insurance.
Referred to the Committee on Insurance.

HR 1075. By Representatives Parrish of the 109th, Watson of the 114th, Buck of the 95th, Walker of the 115th, Pettit of the 19th and others: A resolution creating the House Communications Technology Study Commit tee.
Referred to the Committee on Rules.

HB 1930.

By Representatives Lane of the 27th and Harris of the 96th: A bill to amend Chapter S of Title 40 of the Official Code of Georgia Anno tated, relating to equipment and inspection of motor vehicles, so as to pro hibit transporting a passenger under age 14 in the uncovered bed of a pickup truck on an interstate or four lane highway.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken Alford
Y Ashe Y Atkins Y Baker N Balkcom N Barfoot Y Bargeron N Barnett.B Y Barnett.M N Bates N Beatty Y Benefield N Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush Y Buck N Buckner NByrd Y Campbell N Canty N Carrell N Carter N Cauthorn Y Chafin Y Chambless N Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker N Coleman N Colwell
Connell Y Culbreth
Cummings,B N Cummings.M N Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover N Dunn N Edwards Y Elliott Y Felton N Fennel N Floyd.J.M N Floyd,J.W N Flynt N Godbee N Golden Y Goodwin
Green N Greene N Griffin N Groover Y Hamilton Y Hammond N Manner N Harris.B Y Harris,J

Y Heard N Henson Y Herbert N Holland Y Holmes Y Howard N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones N Kilgore Y King N Kingston N Klein YLadd Y Lane.D N Lane.R N Langford Y Lawrence Y Lawson NLee
Long NLord N Lucas N Mann Y Martin N McBee N McCoy Y McKelvey N McKinney,B Y McKinney.C N Meadows N Merritt Y Milam

Y Mills N Mobley N Moody Y Morsberger N Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster Y Pinkston NPoag Y Porter N Poston N Powell.A N Powell.C Y Presley N Purcell Y Randall NRay N Reaves
Redding Y Ricketson N Royal
Selman Y Sherrill Y Simpson E Sinkfield

N Skipper N Smith.L Y Smith.P N Smith.T N Smith.W Y Smyre
Snow N Stancil.F Y Stancil.S Y Stanley N Streat Y Taylor Y Teper N Thomas.C N Thomas.M Y Thomas.N N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan N Walker.J Y Walker.L Y Wall N Watson N Watts N White N Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 85, nays 81. The Bill, having failed to receive the requisite constitutional majority, was lost.

WEDNESDAY, MARCH 18, 1992

2729

Representatives Adams of the 79th and Snow of the 1st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.
Representative Lane of the 27th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 1930.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Adams Aiken Altord
Y Ashe Y Atkins Y Baker N Balkcom N Bartoot Y Bargeron N Barnett.B Y Barnett.M Y Bates N Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush Y Buck N Buckner N Byrd Y Campbell N Canty
Carre'll N Carter N Cauthorn Y Chafin N Chambless N Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker N Coieman N Colwell
Connell Y Culbreth Y Cummings,B N Cummings,M N Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S
Dobbs Dover N Dunn N Edwards Y Elliott Y Felton Y Fennel N Floyd,J.M N FloydJ.W Flynt N Godbee N Golden Y Goodwin Green N Greene N Griffin N Groover Y Hamilton Y Hammond N Manner N Harris.B Y Harris,J

Y Heard N Henson Y Herbert N Holland Y Holmes Y Howard N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones N Kilgore YKing N Kingston N Klein YLadd Y Lane.D N Lane.R N Langford Y Lawrence Y Lawson N Lee
Long NLord N Lucas N Mann Y Martin N McBee N McCoy Y McKelvey N McKinney.B Y McKinney.C N Meadows N Merritt
Milam

Y Mills N Mobley N Moody Y Morsberger N Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster Y Pinkston N Poag Y Porter
Poston N Powell.A N Powell.C Y Presley N Purcell Y Randall NRay N Reaves
Redding Y Ricketson N Royal Y Selman Y Sherrill Y Simpson E Sinkfield

N Skipper N Smith.L Y Smith.P N Smith.T N Smith, W Y Smyre
Snow N Stancil.F Y Stancil.S Y Stanley N Streat Y Taylor Y Teper N Thomas.C N Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan N Walker.J Y Walker.L Y Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams.J N Williams.R Y Yeargin
Murphy,Spkr

On the motion, the ayes were 86, nays 74. The motion prevailed.

Representative Poston of the 2nd 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 1860. By Representatives Holland of the 136th, Skipper of the 116th, Poston of the 2nd and Pinholster of the 8th: A bill to amend Part 4 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to false advertising, so as to provide that no person shall advertise professional services, in an untrue, fraudulent, or misleading manner; to authorize the Governor's Office of Consumer Affairs to investigate certain such advertising.

The following Committee substitute was read:

A BILL To amend Part 4 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to false advertising, so as to provide that no person shall advertise pro fessional services in an untrue, fraudulent, deceptive, or misleading manner; to authorize

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JOURNAL OF THE HOUSE,

the Governor's Office of Consumer Affairs to investigate certain such advertising; to empower such office to issue reprimands and cease and desist orders and to publicize such actions; to provide for a notice and hearing; to provide a remedy for affected persons; to provide a penalty for violating a cease and desist order; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 4 of Article 15 of Chapter 1 of Title 10 of the Official Code of Geor gia Annotated, relating to false advertising, is amended by inserting at the end thereof the following: "10-1-427. (a) No person, firm, corporation, or association or any employee thereof, with intent directly or indirectly to perform professional services or to do anything of any nature whatsoever to induce the public to enter into any obligation relating thereto, shall make or disseminate or cause to be made or disseminated before the public in this state, in any newspaper or other publication, radio, television, or advertising device or by public outcry or proclamation or any other manner or means whatever, any statement concerning such professional services or concerning any circumstances or matter of fact connected with the proposed performance thereof which is untrue, fraudulent, deceptive, or misleading and which is known or which by the exercise of reasonable care should be known to be untrue, fraudulent, deceptive, or misleading. (b) Nothing in this Code section shall apply to any visual or sound broadcasting sta tion or to any publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, telecasts, publishes, or prints such advertisement in good faith without knowledge of its false, fraudulent, deceptive, or misleading character. (c) The Governor's Office of Consumer Affairs is authorized and empowered, upon the receipt of a complaint or upon its own initiative, to investigate any advertising which might be in violation of subsection (a) of this Code section. If the office determines that any advertising is in violation of subsection (a) of this Code section, it is authorized and empowered, after providing the offender with reasonable notice and an opportunity for a hearing, to issue a public reprimand, to issue a cease and desist order against the offender, to report any such action to any board, agency, commission, association, or other entity governing or supervising the profession involved, and to publicize any such action in a medium or media likely to reach the recipients of the improper advertising. Any person against whom the office issues an adverse decision may, as his sole remedy in equity or at law, seek a restraining order against such adverse decision in the superior court. (d) Any person who violates a cease and desist order issued pursuant to subsection (c) of this Code section shall be guilty of a misdemeanor in the county in which such person resides. Nothing in this subsection shall prohibit any board, agency, commission, or other entity governing or supervising such profession from taking any lawful action against such person as a result of such improper practices. Each publication of an adver tisement in violation of any such cease and desist order shall constitute a separate offense." Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Holland of the 136th and Walker of the 115th move to amend the Committee substitute to HB 1860 as follows:
On page 1, line 4; and on page 1, line 20; and on page 2, line 1, delete the word "pro fessional" and in each instance said word occurs substitute in its place the word "legal". and
On page 2, line 27 following the word "the" and before the word "profession" insert the word "legal" and on the same line strike the word "involved" and on page 3 at the

WEDNESDAY, MARCH 18, 1992

2731

end of line 5 add "association," and on line 6 of page 3 delete the word "such" and insert the words "the legal" in its place.
The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Abernathy Adams Y Aiken Alford Y Ashe Y Atkins Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter N Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J

Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry N Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas,N Y Thurmond
Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 150, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute, 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.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration and read the third time:

HB 1068.

By Representative Orrock of the 30th: A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide that a licensed clinical social worker is authorized to certify the need for involuntary emergency treatment of a per son who is mentally ill, mentally retarded, an alcoholic, a drug dependent individual, or a substance abuser.

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JOURNAL OF THE HOUSE,

The following amendment was read and adopted: The Committee on Health and Ecology moves to amend HB 1068 by striking line 8 of page 2 which reads as follows: "certificate stating that such physician or psychologist", and inserting in lieu thereof the following: "certificate stating that such physician; or psychologist or clinical social worker".

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 Abernathy Adams
N Aiken Y Alford Y Ashe N Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron N Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty N Carrell Y Carter N Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L N Coker N Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M Davis.D Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Edwards Y Elliott Y Felton Y Fennel N Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner N Harris.B Y Harris,J

Y Heard Y Henson N Herbert
Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins N Jones N Kilgore YKing N Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee YLong YLord Y Lucas YMann Y Martin Y McBee N McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett
Parham N Parrish Y Patten Y Pelote Y Perry N Pettit Y Pinholster
Pinkston NPoag Y Porter Y Poston Y Powell.A N Powell.C Y Presley N Purcell Y Randall YRay Y Reaves
Redding N Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L N Smith.P
Smith.T N Smith.W Y Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond N Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti N Vaughan Y Walker,J Y Walker,L Y Wall Y Watson Y Watts Y White N Wilder N Williams.B
Williams,J Williams.R Y Yeargin Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 125, nays 33. 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.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:

WEDNESDAY, MARCH 18, 1992

2733

HB 426. By Representative McKinney of the 40th: A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to provide for legislative intent; to provide that a parent who is financially unable to pro vide child support because of involuntary unemployment shall not be impris oned for nonpayment of child support.

The following Committee substitute was read:

A BILL To amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Anno tated, the "Child Support Recovery Act," so as to provide for legislative intent; to provide that a parent who is financially unable to provide child support because of involuntary unemployment may be required to participate in job training; to provide that a court may order such parent to enter a public job training rehabilitation program; to provide for the terms of a court order for job training; to provide that the Department of Human Resources enforce compliance with a court order for job training; to provide that the state shall pay all costs for job training; to provide that the parent shall reimburse the state; to provide that the duty of child support shall be deferred during the period of job train ing; to provide that a person shall not be ordered to attend a job training program more than once during any three-year period; to provide for related matters; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Anno tated, the "Child Support Recovery Act," is amended by adding at the end thereof a new Code Section 19-11-28 to read as follows: "19-11-28. (a) The General Assembly finds that involuntary unemployment due to poor job marketability which is caused by a lack of employable skills, training, or knowl edge is often the underlying reason for the failure of noncustodial parents to meet child support obligations. It is the intent of the General Assembly to provide for job training for such noncustodial parents to effect a better long-term solution which will benefit the children, the parents, and the state. (b) If a court finds that a noncustodial parent is financially unable to provide child support due to a good faith inability to earn an income, and that such person's good faith inability to earn an income is due primarily to a lack of employable skills or train ing, then the court may order such person, as a part of the disposition of the case, to attend and complete an approved and designated federal, state, or local job training pro gram which is designed to provide job testing, counseling, and training and to lead to compensated employment. The order shall specify the name and address of the job training program to which the person is referred, the date upon which the person's par ticipation in the program shall commence, and the maximum length of time a person shall be required to participate in the program. The order shall stipulate that the person complete the minimum period of training prescribed or recommended for each job classi fication by the agency administering the program; provided, however, a person shall not participate in training for a job classification for which the recommended or prescribed minimum period of training exceeds 20 weeks. The order shall also stipulate that the parent shall submit evidence of completion of a designated program to the department. Failure to complete a designated program within the maximum stipulated time period shall be contempt of court. (c) The record of the disposition of the case, including the order required in subsec tion (a) of this Code section, shall be forwarded to the department which shall be responsible for ensuring compliance with the provisions of a court order requiring job training for a parent. One copy of the court order of referral shall be sent to the admin istrators of the designated job training program.

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JOURNAL OF THE HOUSE,

(d) A person referred under court order to a job training program shall be required to meet all of the eligibility requirements for admission to a designated program which are prescribed by the administrators of such program.
(e) The administrators of any job training program may refuse to admit any person referred to the program under the provisions of this Code section. The refusal to admit such person shall be communicated in writing to the court which made the referral.
(f) The administrators of any job training program may expel any person referred to the program under the provisions of this Code section when, in the judgment of the administrators, the person is not cooperative with the program. The expulsion of any such person shall be communicated immediately in writing to the court which made the referral. The court shall reassess and determine the appropriate sentence or adjudica tion.
(g) Each job training program to which a person is referred under court order pursu ant to this Code section shall keep an accurate daily record of attendance of those per sons referred. If any referred person does not attend the program in any three or, more consecutive days, the program administrators shall immediately notify in writing the court which made the referral.
(h) The state shall assume any costs incurred for court ordered job training pursuant to this Code section; however, such costs shall be assessed as a debt due and owing the state by the parent upon completion of job training and job placement to be paid by the trainee in installment amounts not to exceed 10 percent of the trainee's income.
(i) During the period a person is participating in a job training program pursuant to the provisions of this Code section, his or her obligation of child support may be deferred by the court until such person completes or terminates job training. A court order issued pursuant to this subsection deferring payment shall stipulate that any child support payments not made during the period in which a person is participating in a job training program under this Code section shall accrue during such period and shall be due and payable upon the termination or completion of job training in accordance with the court order.
(j) A court shall not order a person subject to the provisions of this Code Section to attend a job training program under this Code section more than once within a threeyear period."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Cummings of the 134th and Martin of the 26th move to amend the Committee substitute to HB 426 as follows:
By striking subsection (h) on page 4 in its entirety and relettering subsections (i) and (j) accordingly.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken N Alford N Ashe N Atkins Y Baker
Balkcom

N Barfoot N Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty Y Benefield Y Birdsong

Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush

Y Buck Y Buckner N Byrd Y Campbell Y Canty Y Carrell
Carter N Cauthorn

Y Chafin Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

WEDNESDAY, MARCH 18, 1992

2735

Y Colwell Connell
N Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G N Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin
Green Y Greene Y Griffin
Groover Y Hamilton

N Hammond N Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard N Hudson
Irwin Y Jackson Y Jamieson N Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein Y Ladd Y Lane.D N Lane.R
Langford Y Lawrence Y Lawson YLee N Long

NLord Lucas
YMann N Martin Y McBee N McCoy Y McKelvey
McKinney,E McKinney,C N Meadows Y Merritt Y Milam N Mills Y Mobley N Moody Y Morsberger Y Moultrie Mueller Y Oliver.C N Oliver.M YOrr Orrock Y Padgett Parham Y Parrish N Patten Y Pelote Y Perry

N Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall NRay Y Reaves
Redding Y Ricketson N Royal Y Selman Y Sherrill N Simpson E Sinkfield N Skipper N Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F

Y Stancil.S Y Stanley
Streat Y Taylor N Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 118, nays 38. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Irwin of the 57th, Mueller of the 126th, Turnquest of the 56th and Adams of the 79th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative 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 "nay" thereon.

Representative Davis of the 45th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1912.

By Representatives Valenti of the 52nd, Oliver of the 53rd, Martin of the 26th, Turnquest of the 56th, Thomas of the 31st 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 the regulation of labor pools.

The following substitute, offered by Representatives Valenti of the 52nd and Smyre of the 92nd was read and adopted:

A BILL To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the regulation of labor pools; to provide for defini tions; to prohibit the performance of certain acts or practices by labor pools; to provide a criminal penalty for violations; to authorize civil actions for damages; to provide for other related matters; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding immediately following Chapter 9, relating to workers' compensation, a new Chapter 10 to read as follows:
"CHAPTER 10 34-10-1. As used in this chapter, the term:
(1) 'Hazardous chemical' means any chemical, which is a physical hazard or a health hazard, as those terms are defined in Code Section 45-22-2.
(2) 'Labor pool' means a business entity which operates by: (A) Contracting with other entities or persons to supply them with temporary
employees for short-term assignments of casual labor; (B) Hiring persons to fulfill these contracts for short-term assignments of casual
labor; and (C) Employing each individual employee no longer than the time period required
to complete the assignment for which that individual employee was hired, although an individual may be eligible for rehire when additional temporary assignments are available. A business entity which fulfills any contracts in accordance with this paragraph is a labor pool, even if the entity also conducts other business. (3) 'Short-term assignment of casual labor' means a work assignment for a term of 40 hours or less involving work for which neither entity nor person contracting or arranging for temporary employees requires any of the following from such employees:
(A) A professional or occupational license which requires for its issuance a dem onstration of knowledge or proficiency and which is issued by the State of Georgia or a political subdivision of the state;
(B) A high school diploma or its equivalent; (C) Education beyond high school; (D) Vocational education; (E) Demonstrated proficiency with a specified type of machinery; or (F) Training before the assignment or on the job which exceeds one hour. This paragraph shall not be construed as prohibiting or limiting the placement of a skilled employee on a short-term assignment of casual labor as long as such skill or education is not a requirement of the assignment. 34-10-2. A labor pool shall be prohibited from engaging in any of the following acts or practices: (1) Charging a temporary employee a rental fee or any other type of fee for sup plying any type of equipment to be used by the temporary employee in performing a work assignment; (2) Charging a temporary employee a transportation fee for the transporting of such employee from the business premises of the labor pool or other point of embarkation to or from a work assignment; or (3) Failing to inform a person who is to be placed on a work assignment that such assignment involves the exposure of such person to hazardous chemicals and failing to obtain such person's consent. 34-10-3. (a) The Department of Labor shall promulgate by rule or regulation a con sent form to be used by a labor pool to inform persons that a work assignment involves the exposure to hazardous chemicals and to obtain such person's consent. (b) Any labor pool found by the Department of Labor, after notice and hearing, to have violated this Code section shall be subject to an administrative fine not to exceed $5,000.00. (c) Any hearing conducted pursuant to this Code section shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 34-10-4. Any person convicted of a violation of Code Section 34-10-2 shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3, relating to punishment for misdemeanor offenses.

WEDNESDAY, MARCH 18, 1992

2737

34-10-5. Any person aggrieved by a violation of Code Section 34-10-2 shall have the right to bring a civil action in a court of competent jurisdiction against the person or persons responsible for such violation. In any action commenced pursuant to this Code section, the plaintiff shall be entitled to recover actual damages, reasonable attorneys' fees, costs of litigation, and punitive damages in an amount not less 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 Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty N Carrell N Carter N Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman N Colwell
Connell N Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover N Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner N Harris.B Y Harris.J

Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein YLadd Y Lane.D N Lane.R
Langford Y Lawrence Y Lawson N Lee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham N Parrish N Patten Y Pelote Y Perry N Pettit Y Pinholster
Pinkston N Poag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall NRay N Reaves
Redding N Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

N Skipper N Smith.L Y Smith.P Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert
Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Williarns.R N Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 130, nays 32. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Holland of the 136th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

HB 1977.

By Representatives Pelote of the 127th, Merritt of the 123rd, Bordeaux of the 122nd, Porter of the 119th, Hamilton of the 124th 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 provide for counseling, counsel and advice, and the procedures and expenses related thereto for children and their parents or guardians.

2738

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The Committee on Special Judiciary moves to amend HB 1977 by striking lines 18 and 19 of page 1 and inserting the following:
"Section 15-11-43, the court shall be authorized, in addition to any other disposition authorized by this article, to order such".
By striking lines 25 and 26 of page 1 and inserting the following: "workers, psychologists, physicians, qualified volunteers, or appropriate public, pri vate, or volunteer agencies as directed by the court 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 Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty Y Benefield Y' Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee N Golden Y Goodwin
Green Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence
Y Lawson YLee YLong Y Lord Y Lucas
Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock
Y Padgett Parham
Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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.

Representatives Mann of the 6th, Teper of the 46th and Adams of the 79th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

WEDNESDAY, MARCH 18, 1992

2739

HB 1899.

By Representative Twiggs of the 4th: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to rates and underwriting rules, so as to provide for premium reduction for employees and their families attending approved employer pro vided courses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Long YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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.

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.

HB 1997.

By Representatives Herbert of the 76th and Kilgore of the 42nd: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educa tional Institutions Act of 1990," so as to redefine certain terms; to authorize the Nonpublic Postsecondary Education Commission to contract with the United States Department of Education.

The following Committee substitute was read and adopted:

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JOURNAL OF THE HOUSE,

A BILL To amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to redefine certain terms; to authorize the Nonpublic Postsecondary Education Com mission to contract with the United States Department of Education; to provide for cer tain lists to be maintained by the executive director of the commission; to provide that the commission shall establish separate divisions for degree-granting and nondegreegranting institutions; to change certain provisions relating to applications to operate or conduct postsecondary activities; to provide that no postsecondary educational institution shall employ an agent who has not been issued an agent's permit by the commission; to provide that the minimum amount of a required surety bond shall be based on an institution's gross tuition rather than maximum enrollment; to change provisions relating to the collection of fees; 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 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Geor gia Annotated, known as the "Nonpublic Postsecondary Educational Institutions Act of 1990," is amended by striking paragraphs (1), (12), and (22) of Code Section 20-3-250.2, relating to definitions, and inserting in lieu thereof new paragraphs (1), (11.1), (12), and (22) to read as follows: "(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 and 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." "(11.1) 'Gross tuition' means the total amount collected by the postsecondary educa tional institution, net of refunds, for tuition, application fees, registration fees, and those other fees deemed appropriate by rule or regulation of the commission. (12) 'Nonpublic' means a private postsecondary educational institution not estab lished, operated, or governed by the State of Georgia, or any public or private postsecondary educational 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 out side Georgia by any telecommunications or electronic media technology." "(22) 'Support' or 'supported' means the primary source or having as the primary source from which a school postsecondary educational institution derives revenue to per form its operation." Section 2. Said part is further amended by striking Code Section 20-3-250.5, relating to administration of the Nonpublic Postsecondary Education Commission, and inserting in lieu thereof a new Code Section 20-3-250.5 to read as follows: "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:
(1) To establish and promulgate standards, rules, regulations, and policies for car rying 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 depart ment, division, board, bureau, commission, or other agency of the state, and such agency shall provide such information as will enable the commission to exercise prop erly 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

WEDNESDAY, MARCH 18, 1992

2741

fiscal responsibility which applicants for authorization to operate or for an agent's per mit 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 para graph shall be such as will effectuate the purposes of this part but will not unreason ably hinder legitimate educational innovation;
(3) To negotiate and enter into interstate reciprocity agreements with similar agen cies in other states and with the United States Department of Education 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 hear ings as it may deem advisable or as required by law in developing such rules, regula tions, 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 neces sary to carry out this part;
(6) To exercise other powers and duties implied but not enumerated in this sub section 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 activi ties 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 provi sions 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 separate lists of degree-granting nonpublic postsecondary educational institutions; nondegree-granting postsecondary educational institutions, and agents authorized to operate in this state under this part. Such fet lists 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; (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 reason ably 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 admin ister an oath or affirmation to any person in connection with any investigation; and

2742

JOURNAL OF THE HOUSE,

(6) To administer compliance with this part in accordance with standards, rules, regulations, and policies of the commission. (d) The commission shall establish separate divisions for degree-granting institutions and nondegree-granting institutions. All standards, rules, regulations, and policies adopted by the commission pursuant to this part shall identify the division to which such standards, rules, regulations, and policies are applicable. (e) The commission shall be authorized to provide for biennial review of a previously authorized program of instruction at any institution which has received accreditation by a national or regional accrediting agency recognized by the United States Department of Education. The commission shall promulgate guidelines which shall be followed by the executive director in recommending such biennial program reviews to the commis sion." Section 3. Said part is further amended by striking subparagraphs (a)(l)(D) and (a)(l)(L) of Code Section 20-3-250.6, relating to minimum standards for educational insti tutions, and inserting in lieu thereof new subparagraphs (D) and (L) to read as follows: "(D) That the institution provides students and other interested persons with a cata log 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 consistent with standards adopted by the commission; prior year's enrollment, graduation, and job placement rates; and such other material facts concerning the insti tution 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;" "(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 institution fails to begin a course or withdraws or is discontinued therefrom at ay time prior to completion, which policy shall take into account those costs to the school institution that are not diminished by the failure of the student to enter or complete the course of instruction;" Section 4. Said part is further amended by striking subsection (d) of Code Section 20-3-250.7, relating to prohibited activities of persons, agents, groups, or entities, and inserting in lieu thereof a new subsection (d) to read as follows: "(d) Any contract entered into with any person for any course of instruction by or on behalf of any owner, school employee, agent, or other representative of a nonpublic postsecondary educational institution subject to this part to which a certificate of autho rization has not been issued shall be unenforceable in any action brought thereon." Section 5. Said part is further amended by striking subsections (a), (g), and (i) of Code Section 20-3-250.8, relating to applications to operate or conduct postsecondary activities, and inserting in lieu thereof new subsections (a), (g), and (i) to read as follows: "(a) Each nonpublic postsecondary educational institution desiring to operate or con duct 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)(l)(D) of Code Sec tion 20-3-250.6, including information required by rules and regulations of the commis sion. 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; except j provided, however, that when making application to the commission for authorization to operate, those schools institutions exempt from certain provisions of this part pursuant to the provisions of paragraph paragraphs (10) and (11) of subsection (a) of Code Section 20-3-250.3 shall be required to submit only evidence of a surety bond OF bonds as required oy ^>odc section j.Aj~o~jio(j, 1U wncn m&King application to tnc commission for authorization to operate those documents pertaining to provisions of this part from which such institutions are not exempt."

WEDNESDAY, MARCH 18, 1992

2743

"(g) At least 90 60 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."
"(i) Each nonpublic postsecondary educational institution which has been granted an authorization to operate or conduct postsecondary activities in this state shall obtain approval authorization from the executive director before it offers any course not offered by the institution at the time its initial most recent authorization was granted ef upon Jaly ii 1991, whichever is later. The commission by regulation shall establish procedures and standards for approval authorization of such additional course offerings."
Section 6. Said part is further amended by striking subsections (a) and (e) of Code Section 20-3-250.9, relating to applications by persons to solicit or perform services of agents, and inserting in lieu thereof new subsections (a) and (e) to read as follows:
"(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 com mission. Such application shall be accompanied by evidence of the good reputation 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 repre senting more than one institution must obtain a separate agent's permit for each institu tion represented, but when an agent represents institutions having a common ownership, only one agent's permit shall be required with respect to such institutions. No postsecondary educational institution shall employ or otherwise retain the services of an agent who has not been issued an agent's permit by the commission. In the event any institution which the applicant intends to represent does not have authorization to oper ate 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 ef a surety bond as required by Code Seeties 20-3-260.10 and payment of the fees the agent's permit fee specified by Code Sec tion 20-3-250.11."
"(e) At least 96 60 days prior to the expiration of an agent's permit, the agent shall complete and file with the executive director an application form for renewal of the per mit. Such renewal application shall be reviewed and acted upon as provided in subsec tions (b) through (d) of this Code section."
Section 7. Said part is further amended by striking Code Section 20-3-250.10, relat ing to the filing of surety bonds by institutions and agents, and inserting in lieu thereof a new Code Section 20-3-250.10 to read as follows:
"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) (1) Except as otherwise provided in paragraph (2) of this subsection, the mini mum amount of the bond required by subsection (a) of this Code section shall be based on the total maximum head count enrollment gross tuition of the nonpublic postsecondary educational institution during the previous year or on the estimated

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JOURNAL OF THE HOUSE,

head count enrollment gross tuition for the current year, whichever is larger, and shall

be as follows:

Maxiimga Enrollment Gross Tuition

Minimum Bond

9-600-50,000...........................................................................................................$ 20,000.00

5100,00,0010-11-0200,00,0000.0...............................................................................................................................................................................................53o0..o0o0o0..o0o0

SOJr-309 200,001-300,000 ...............................................................................................75.000.00

363-400 300,001-400,000 .............................................................................................100.000.00

401 400,001 and over ..................................................................................................150,000.00

(2) As an alternative to the amount of the bond determined under paragraph (1)

of this subsection, the nonpublic postsecondary educational institution shall have the

option of filing a bond in an amount equal to total gross tuition collected by the insti

tution during the previous year or the estimated total gross tuition for the current

year, whichever is larger; provided, however, the amount so determined shall be

rounded off to the next highest $1,000.00.

\c/ An application IOP an agent's permit snsil i?e accompanied oy & ^ooct QRQ flUrri"

cicnt surety bond m a penal sen* ef $6,000.00. Such bond shall be executed by the appli

cant ds principal duct oy s surety company Qualified and authorized to to ousiness tft

triis state. ~x fte DOUCE may oe tti oisnKct torm to cover more tnan one a^ent tor s

postsccondary educational institution, fetrt it shall cover each agent fer such institution

m a penal sum of $6,000.00. The bond shall be conditioned to provide indemnification

to any student OP enroiice OP tnat person s parent OP gu&rdisn OP class t'ficreoi detOF"

tie ef this part er of rules and regulations promulgated pursuant thereto by said agent and that the bonding company shall pay any final, nonappcalablc judgment rendered by

aggregate liaDility t tnc surety tncrcon snail tft no event exceed tnc penal sum Or tnc bond. The bond may be continuous.
4d) (c) 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 oper ate, unless the amount of the bond must be increased because of increased enrollment gross tuition to comply with requirements of subsection (b) of this Code section.
{e} (d) 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 90 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 tui tion has been paid while such bond was in force.
{ -} (e) 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.
(f) (f) 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."

WEDNESDAY, MARCH 18, 1992

2745

Section 8. Said part is further amended by striking subsection (a) of Code Section 20-3-250.11, relating to the collection of fees established by the commission, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Fees shall be collected by the executive director in such amounts as shall be established by the commission se that the total amount ef those fees charged in each fiscal yea* of th commission shall approximate the total of the direct and indirect costs to tnc state of tnc operation of tnc commission lor tnc immediately preceding iiscai year. The commission is authorized to establish the following fees and fee schedules:
(1) T-he commission shall establish separate Separate initial application and renewal fee schedules for degree-granting and nondegree-granting nonpublic postsecondary educational institutions based upon the commission's actual er pro jected coats te perform relative cost of performing its duties and responsibilities with regard to those categories of institutions and, within those categories, based upon actual or projected enrollment gross tuition of those institutions^ The commission
(2) Initial and renewal fees for agents' permits;; (3) Special fees for the evaluation of postsecondary educational institutions; and (4) Special fees to offset other identified administrative costs. 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. 9%e Except as otherwise indicated in this part, the fees to be collected by the commission under this part shall accompany an application for authorization to operate or an agent's permit." Section 9. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y BirdsonR Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
Lee Long YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Smith.L
Y Smith.P Smith.T
Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

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JOURNAL OF THE HOUSE,

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 substi tute.

Representatives Wilder of the 21st, Cauthorn of the 20th and Adams of the 79th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 859. By Representatives Hammond of the 20th, Groover of the 99th, Walker of the 115th, Watts of the 41st, Pettit of the 19th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for ethics training for any or all state or local public officers of the legislative, judicial, or executive branches of government.

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 Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks N Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y PowelU Y Powell.C Y Presley Y Purcell Y Randall
Ray
Y Reaves Redding
Y Ricketson Y Royal
Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L
Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 160, nays 2. The Resolution, having received the requisite constitutional majority, was adopted.

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.

WEDNESDAY, MARCH 18, 1992

2747

HB 1648.

By Representatives Hammond of the 20th, Groover of the 99th, Walker of the 115th, Watts of the 41st, Heard of the 43rd and others: A bill to amend Chapter 10 of Title 45 of the Official Code of Georgia Anno tated, relating to codes of ethics and conflicts of interest, so as to require cer tain public officers and registered agents to attend ethics training courses.

The following Committee substitute was read and adopted:

A BILL To amend Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to codes of ethics and conflicts of interest, so as to require certain public officers to attend ethics training courses; to provide for voluntary pilot programs for registered agents; to provide for definitions; to provide for curriculum; to provide for certain fees; to provide for expenses; to provide for reports; to provide for penalties; to provide for powers, duties, and authority of the office of the Governor, the State Ethics Commission, the Carl Vinson Institute of Government, and the A. L. Burruss Institute of Public Service with respect to the foregoing; to provide for an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to codes of ethics and conflicts of interest, is amended by adding a new article at the end thereof, to be designated Article 3, to read as follows:
"ARTICLE 3 45-10-90. As used in this article, the term:
(1) 'Public officer' means: (A) Every constitutional officer; (B) Every elected state official; (C) The executive head of every state department or agency, whether elected or
appointed; (D) Each member of the General Assembly; (E) The executive director of each state authority; (F) Every elected judge as defined under Article VI, Section I, Paragraph III of
the Constitution; (G) Every elected county official; and (H) Every elected municipal official.
(2) 'Registered agent' means each person registered with the Secretary of State pursuant to Code Section 28-7-2, as amended.
(3) 'State Ethics Commission' means the State Ethics Commission created under Code Section 21-5-4, as amended. 45-10-91. (a) All public officers shall be required to attend ethics training courses as provided in this Code section on a biennial basis. (b) The curriculum of such ethics training courses shall include, but not be limited to, the following:
(1) Ethical issues and laws relating to lobbying; (2) State and federal laws and rules and regulations regarding financial disclosure, election campaigns, and conflicts of interest; and (3) Principles of decision making with respect to ethics. (c) (1) The training required under this Code section for the public officers speci fied in subparagraphs (A), (B), (C), and (E) of paragraph (1) of Code Section 45-10-90 shall be conducted semiannually by the Carl Vinson Institute of Government and the A. L. Burruss Institute of Public Service. (2) The training required under this Code section for members of the General Assembly shall be conducted semiannually by the appropriate ethics committees of

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JOURNAL OF THE HOUSE,

the House of Representatives and the Senate in cooperation with the State Ethics Commission.
(3) The training required under this Code section for elected judges shall be con ducted semiannually by the judicial branch of government as specified by the Supreme Court of Georgia.
(4) The training required under this Code section for elected county officials and elected municipal officials shall be conducted semiannually by the Carl Vinson Insti tute of Government of the University of Georgia, assisted by the A. L. Burruss Insti tute of Public Service.
(5) The office of the Governor, the State Ethics Commission, and the Carl Vinson Institute of Government, assisted by the A. L. Burruss Institute of Public Service, shall have the power, duty, and authority to design and develop the ethics training courses required under this Code section and shall establish guidelines and procedures authorizing a public officer or registered agent who is unable to attend or complete such courses due to medical disability, providential cause, or any other reason deemed sufficient by such office, commission, or institute to attend at a later time. (d) (1) The State Ethics Commission, in cooperation with the office of the Gover nor, the Carl Vinson Institute of Government, and the A. L. Burruss Institute of Pub lic Service, shall develop pilot programs for voluntary ethics training for registered agents. The scope and methodology shall be within the discretion of the State Ethics Commission. Such pilot programs shall be included within the report required under Code Section 45-10-93. The State Ethics Commission shall be authorized to charge an attendance fee to each registered agent sufficient to cover the cost of providing such instruction as is authorized under this Code section.
(2) The State Ethics Commission and the A. L. Burruss Institute of Public Service may develop and provide to registered agents and other interested persons a brochure outlining:
(A) Ethical issues and laws relating to lobbying; (B) State and federal laws and rules and regulations regarding financial disclo sure, election campaigns, and conflicts of interest; and (C) Principles of decision making with respect to ethics and may charge a reasonable fee therefor sufficient to cover the cost of making such brochure available. (e) Any public officer who fails to attend the required ethics training courses under this Code section shall be subject to such sanctions or penalties as shall be promulgated: (1) By the office of the Governor for public officers specified in subparagraphs (A), (B), (C), and (E) of paragraph (1) of Code Section 45-10-90; (2) By the appropriate ethics committees of the House of Representatives and the Senate for their respective members; (3) By the Supreme Court of Georgia for members of the judiciary; and (4) By the General Assembly as specified by general legislation for public officers specified in subparagraphs (G) and (H) of paragraph (1) of Code Section 45-10-90. (f) All expenses incurred by any public officer related to such ethics training courses, including the reasonable cost of housing, travel, and meals, shall be paid from public funds appropriated for such purposes. 45-10-92. (a) The office of the Governor, the State Ethics Commission, the Carl Vinson Institute of Government, and the A. L. Burruss Institute of Public Service may accept appropriations, grants, gifts, donations, or contributions from the federal govern ment; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organi zation, firm, or corporation, public or private; and any individual or groups of individu als in furtherance of the services, purposes, duties, responsibilities, or functions vested in the office of the Governor, the State Ethics Commission, the Carl Vinson Institute of Government, and the A. L. Burruss Institute of Public Service. (b) The office of the Governor, the State Ethics Commission, the Carl Vinson Insti tute of Government, and the A. L. Burruss Institute of Public Service are authorized to make such contracts, leases, or agreements as may be necessary and convenient to

WEDNESDAY, MARCH 18, 1992

2749

carry out the duties under this article. The office of the Governor, the State Ethics Commission, the Carl Vinson Institute of Government, and the A. L. Burruss Institute of Public Service are authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as they may deem advisable.
45-10-93. On or before February 1 of each year, the office of the Governor, the State Ethics Commission, and the Carl Vinson Institute of Government, assisted by the A. L. Burruss Institute of Public Service, shall make a report available for public distribution which shall include a summary of their accomplishments under this article during the preceding calendar year, including, but not limited to, the total number of persons who attended the course of training; an outline of the programs for the current calendar year; an evaluation of the programs and services offered by them; and recommendations, if any, for legislation as may be necessary to improve their programs and services."
Section 2. The provisions of this Act shall become effective on January 1, 1993; pro vided, however, that this Act shall only become effective on January 1, 1993, upon the rat ification of a resolution at the November, 1992, general election, which resolution authorizes the General Assembly to provide by general law for ethics training for any or all state or local public officers of the legislative, executive, or judicial branches of govern ment. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 1993.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert
Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
Lee Long YLord Y Lucas YMann Martin Y McBee Y McCoy Y McKelvey McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Ray Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson E Sinkfield

Skipper Y Smith.L Y Smith.P
Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.

2750

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Skipper of the 116th, Thomas of the 69th, Fennel of the 155th, Hol land of the 136th and Adams of the 79th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1689. By Representatives Harris of the 96th, Buck of the 95th, Benefield of the 72nd, Porter of the 119th, Taylor of the 94th and others: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the acquisition of aban doned railroad transportation property.

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 provide for a first right of refusal for certain governmental entities to acquire abandoned railroad rights of way; to provide for certain duties of the Department of Transportation and the Attorney General; to provide procedures; to provide for determination of whether railroad rights of way have been abandoned for railroad pur poses; to provide certain exceptions; to provide for funding; to provide for the management and administration of acquired abandoned railroad rights of way; to provide for railroad right of way preservation agreements for a minimum term; to provide for the utilization of abandoned railroad rights of way for transportation and trail purposes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding at the end thereof a new Chapter 11 to read as follows:
"CHAPTER 11 32-11-1. (a) Notwithstanding the provisions of any general, special, or local law to the contrary, the department shall have a first right of refusal to acquire for public use on behalf of the people of the State of Georgia for transportation purposes and for trail purposes any railroad right of way as defined in Code Section 32-11-4 and which has been abandoned for railroad transportation purposes as provided in Code Section 32-11-2. (b) No owner of a railroad right of way shall dispose of such owner's interest in any railroad right of way, whether held in fee simple or pursuant to an easement, without having first:
(1) Notified the department of such owner's intent to abandon the property for this purpose, any notice required by federal law to be provided to a designated state agency prior to abandonment, as defined in Code Section 32-11-2, will satisfy the requirements of this subsection; and
(2) Allowed the department a period of 180 days to determine if it is in the best interest of the State of Georgia to acquire for public use such railroad right of way for transportation purposes or trail purposes, and to notify such owner if the depart ment desires to exercise the department's first right of refusal to acquire such railroad right of way. If the department fails to notify such owner within the 180 day time

WEDNESDAY, MARCH 18, 1992

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period, the owner of the railroad right of way shall have satisfied the requirements of this Code section. (c) Upon receipt of notice from the department within the 180 day period provided in paragraph (2) of subsection (b) of this Code section that the department desires to acquire such railroad right of way, the owner of the railroad right of way shall advise the department whether it intends to dispose of such railroad right of way and, if so, the owner of the railroad right of way and the department shall negotiate in good faith for the transfer of the property to the department. The railroad right of way owner shall allow the department a period of one year after delivery of notice, pursuant to para graph (2) of subsection (b) of this Code section, to close the acquisition of such railroad right of way. If another party submits an offer to purchase the railroad right of way to the owner of such railroad right of way during the period specified in this subsection, the owner of the railroad shall notify the department of its receipt of such offer and the department's right to purchase on the terms agreeable to the owner and the department. The department shall then be provided with a 60 day first right of refusal to enter into an agreement with the owner of the railroad right of way to acquire the railroad right of way. If the department fails to enter into such an agreement within the 60 day period, the department shall be deemed to have elected not to exercise its first right of refusal. (d) Conveyance of a railroad right of way in violation of this Code section shall be null and void. (e) Simultaneously upon receipt of notice pursuant to paragraph (2) of subsection (b) of this Code section, the department shall deliver a copy of such notice to the Office of Planning and Budget for circulation to the appropriate parties. Any governmental entity, including transportation authorities, counties, and cities, which desires to exercise the first right of refusal shall notify the department in writing within 90 days from the date of receipt of such notice from the Office of Planning and Budget. Whenever a con flict occurs between one or more governmental entities over the first right of refusal, the department shall, in the exercise of its sole discretion, resolve such conflict and make a prompt determination of the reasonable and proper order of priority with respect to such railroad right of way. (f) Unless otherwise set forth in this Code section, acquisition, maintenance, and dis posal of a railroad right of way pursuant to this Code section shall be in the manner provided for in Chapters 3 and 7, respectively, of this title. Title to any railroad right of way conveyed pursuant to this Code section shall be subject only to utility easements recorded in the public records of the county where the railroad right of way is located. All expenses incurred in connection with such acquisition shall be paid from appropriate and available funds held by the department pursuant to paragraph (2) of subsection (a) of Code Section 32-2-2 and an amount shall be set aside in each fiscal budget for such expenses. (g) The department shall promulgate rules and regulations consistent with and for the purpose of adequately implementing the provisions of this Code section. 32-11-2. (a) For purposes of this chapter, railroad rights of way shall be deemed abandoned for railroad transportation purposes when a certificate of abandonment pur suant to 49 U.S.C.A. Section 10903 or an exemption order pursuant to 49 U.S.C.A. Sec tion 10505 has been issued by the Interstate Commerce Commission. (b) Notwithstanding a determination under subsection (a) of this Code section, that property has been abandoned for railroad transportation purposes, an easement for rail road right of way purposes shall not be deemed abandoned for the purposes set forth in Code Section 44-9-6, so long as that easement is being used by any state agency, met ropolitan or regional transportation authority, county, or city for transportation purposes or trail use purposes. 32-11-3. (a) The department is authorized to enter into agreements with owners of railroad rights of way on which railroad service has been abandoned pursuant to subsec tion (a) of Code Section 32-11-2 for preservation of intact railroad right of way corridors, which corridors may be used for recreational purposes in conjunction with the state-wide trail system or local trail systems, subject to being made available for transportation purposes, if necessary. During the period of the agreement, the railroad right of way

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shall not be subject to any taxes which would otherwise be attributable to ownership of the railroad right of way.
(b) Any railroad right of way which is subject to an agreement entered into pursuant to subsection (a) of this Code section shall:
(1) Be deemed to be held for railroad use in continuation of the railroad easement; (2) Not be deemed abandoned for the purposes set forth in Code Section 44-9-6 during the term of such agreement or so long as such railroad right of way is being used by any state agency, metropolitan or regional transportation authority, county, or city for transportation purposes or trail use purposes; and (3) Not revert by operation of law to any other ownership; and (4) The owner of such railroad right of way shall be relieved of civil liability for any personal injury or property damage occurring on such railroad right of way during the period of such agreement. (c) The railroad right of way preservation agreements authorized by this Code sec tion shall become lawful contracts of the State of Georgia and shall supersede any con trary state statute or common law when executed by the department. 32-11-4. As used in this chapter, the term 'railroad right of way' shall mean all prop erty held in fee simple or pursuant to an easement, except: (1) Property noncontiguous to line rights of way and yards; (2) Side and spur track properties not greater than one-fourth mile in length, unless a conveyance of such property would make adjoining rights of way noncontigu ous; (3) Property being disposed of for continued or resumed rail transportation use; (4) Property lawfully acquired subject to the provisions of this Code section; and (5) Property less than five miles in length, noncontiguous with railroad rights of way and abandoned prior to April 1, 1992. 32-11-5. All notices required to be given under this Code section shall be fully effec tive when made in writing and deposited in the United States mail, certified or regis tered mail." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker N Balkcom N Barfoot N Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown

Y Brush Y Buck Y Buckner N Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker
Coleman N Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D

Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel N FloydJ.M Y Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin
Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond

Y Hanner N Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard N Hudson N Irwin Y Jackson Y Jamieson N Jenkins Y Jones
Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane,D Y Lane.R
Langford

N Lawrence Y Lawson Y Lee
Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam Y Mills Y Mobley N Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C

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2753

Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham N Parrish N Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston N Poag

Y Porter Y Poston Y Powell,A N Powell.C Y Presley Y Purcell Y Randall N Ray
Reaves Redding Y Ricketson Y Royal Y Selman

Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L N Smith,? Y Smith.T Y Smith.W Y Smyre
Snow Stancil.F Y Stancil.S Y Stanley

Y Street Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti

Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 136, nays 27. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Snow of the 1st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1989.

By Representatives Dunn of the 73rd, Lawson of the 9th and Griffin of the 6th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise definitions; to define certain terms; to provide for construction concerning the issuance of policies; to prohibit certain acts regarding the transaction of insurance.

The following Committee substitute was read:

A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise definitions; to define certain terms; to provide for construction concerning the issuance of policies; to prohibit certain acts regarding the transaction of insurance; to provide for the authority of the Commissioner; to revise provisions relative to examina tions and the costs thereof; to revise provisions relative to certificates of authority; to pro vide for extensions of time relative to the filing of annual reports; to revise provisions relative to the disapproval of rates; to revise provisions relative to the validity of contracts to use certain rates; to revise provisions regarding investments in securities; to authorize rules and regulations relative to the acceptance of book-entry securities; to require annual registration of insurers belonging to holding company systems; to provide for administra tive fines; to revise provisions regarding the reporting of dividends or other distributions; to revise provisions regarding appeal of administrative actions of the Commissioner; to revise provisions relative to certain mergers or consolidations; to revise and modernize extensively provisions relating to fraternal benefit societies; to provide for organization and governance; to provide definitions; to provide for officers and membership; to provide for a principal office; to provide for annual statements; to provide for indemnification; to pro vide for formation and petitions for charter; to provide for amendments; to provide for reinsurance, consolidations, and mergers; to provide for conversions; to provide for types of benefit contracts; to provide for assets and investments; to provide for applicability of provisions of other laws; to provide for valuations; to provide for licenses and renewals; to provide for examinations; to provide for admissions; to provide sanctions for violations; to provide procedures; to provide for agents or representatives; to provide for the appoint ment of the Commissioner for service of process; to revise provisions relative to certificates of amendments of a charter; to exempt policy forms for special risks from certain filing and approval requirements; to provide for the contents of insurance policies and annuity contracts generally; to revise the procedure for cancellation of policy by an insured; to pro vide for the cancellation of policies of personal insurance on a pro rata basis; to provide

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exceptions; to revise provisions required in group life insurance policies; to provide for the payment of earned premium by certain persons at the time an insurer declares insolvency; to provide for the form of the annual statement of a continuing care provider; to authorize requirements for reserves and the calculation of reserves of continuing care providers; to provide for matters relative to the foregoing; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraphs (5.1) and (6) of Code Section 33-1-2, relating to defini tions, and inserting in lieu thereof new paragraphs (6), (7), (8), and (9) to read as follows: "(6) 'Policy' or 'certificate' means any contract of insurance; medical, health, or hos pital service contract; annuity contract; or any other contract of insurance by whatever name called. (6.1) (7) 'Security,' 'security deposit,' 'special deposit,' or 'deposit,' when used to refer to posted deposits required to be placed in the possession of the Commissioner, shall mean the actual physical evidence of a security, such as a certificate, or an entry made through the federal reserve book-entry system. The federal reserve book-entry sys tem shall be limited in meaning to the computerized systems sponsored by the United States Department of Treasury and certain agencies and instrumentalities of the United States for holding and transferring securities of the United States government and such agencies and instrumentalities, respectively, in federal reserve banks through banks which are members of the federal reserve system or which otherwise have access to such computerized systems. (8) 'Surplus lines broker' means a person licensed by the Commissioner pursuant to this title who is authorized to place insurance with an unauthorized insurer in accord ance with this title. { } (9) 'Transact,' with respect to insurance, includes any of the following:
(A) Solicitation and inducement; (B) Preliminary negotiations; (C) Effectuation of a contract of insurance; or (D) Transaction of matters subsequent to effectuation of the contract and arising out of it." Section 2. Said title is further amended by adding immediately following Code Sec tion 33-1-6, relating to requirements for action as an insurer generally, new Code Sections 33-1-6.1 and 33-1-6.2 to read as follows: "33-1-6.1. (a) Notwithstanding any other provision of this title, every insurance pol icy, certificate, or other evidence of insurance, no matter where issued, shall be deemed to have been issued in this state if the insured is domiciled in this state or the insured risk is present in this state and the issuing insurer is transacting insurance in this state. The provisions of this title shall apply to all such insurance policies, certificates, or other evidence of insurance. The provisions of this Code section shall not be construed as lim iting the jurisdiction of the Commissioner. (b) This Code section shall not apply to accident and sickness insurance coverage for employees of a single employer or a group of employers under common control where the headquarters of such employer or group of employers is not located within this state. 33-1-6.2. Notwithstanding any other provision of this title, no person shall operate any enterprise in this state in which such person undertakes to solicit, procure, or trans act any contract of insurance or reinsurance, by whatever name called, on behalf of citi zens of this state or any other state or territory of the United States which would violate this title or which would otherwise constitute an illegal contract under the laws of this state; provided, however, this Code section shall not apply to any such contract that has been approved by any other state insurance regulatory authority and is issued to or on behalf of an insured who is a resident of such state or on a risk located in such state. The Commissioner shall be vested with full authority to enforce the provisions of this Code section, including instituting any civil or criminal action necessary to enforce this Code section."

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2755

Section 3. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 33-2-9, relating to the authority of the Commissioner to adopt rules and regulations, in its entirety and inserting in its place a new paragraph (2) to read as follows:
"(2) To promulgate any rules and regulations as are reasonably necessary to imple ment and enforce this title;".
Section 4. Said title is further amended by striking Code Section 33-2-15, relating to the payment of expenses of examinations, in its entirety and inserting in its place a new Code Section 33-2-15 to read as follows:
"33-2-15. (a) At the direction of the Commissioner, the insurer or other person so examined shall pay all the actual travel and living expenses of the examination. When the examination is made by an examiner who is not a regular employee of the depart ment, the person examined shall pay the proper charges for the services of the examiner and his assistants and the actual travel and living expenses incurred by such examiners and assistants in an amount approved by the Commissioner. A consolidated account for the examination shall be filed by the examiner with the Commissioner. No person shall pay and no examiner shall accept any additional emolument on account of any examina tion. When the examination is conducted in whole or in part by regular salaried employ ees of the department, payment for such services and proper expenses shall be made by the person examined to the Commissioner, and such payment shall be deposited in the state treasury; provided, however, that, when an agent, broker, solicitor, subagent, coun selor, or adjuster is examined because of a complaint filed against such agent, broker, solicitor, subagent, counselor, or adjuster and when the Commissioner finds that the complaint was not justified, the expenses of the examination shall not be assessed against the agent, broker, solicitor, subagent, counselor, or adjuster but shall be borne by the department.
(b) When making any examination under this chapter, the Commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners and such costs shall be borne by the person who is the subject of the examination."
Section 5. Said title is further amended by striking subsection (a) of Code Section 33-3-16, relating to the expiration and renewal of a certificate of authority, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(n\ All frrtlfipfltr^l p.f rmf frlnrjt'V qVinll PTrrnrf* J. 1 ^'OQ TVf j rflrl ItrVlt ntl .TllTIP *^Q rif t hr
year following uatc OT issuance ? renewal, /vn insurer desiring renewal snail tile on March 1 preceding expiration a copy of its annual statement f December 81 ef the pre-
March 1 ef each year, each insurer at its expense shall publish in a newspaper of general circuiftiion pu.Diis.ncci m tttis stfltc ft copy ot such srtifttcmeftt tfi sftort iorm>
year te be sworn te by the officer or agent making th same; and such statement se pub lished must be filed with the Commissioner with a copy ef the statement as published B.tttcii6d T/ricrGio. INot-wit/ristifliiciiii^ ttic iVlsrcii i dcfldHnc, trie oowinnssionC'F mfty lor
60 days. If the insurer qualifies, its certificate shall be renewed annually; provided, how ever, that any certificate ef authority shall continue ftril force and effect until the new
(a) An insurer shall only be issued one certificate of authority. Once issued, an insurer's certificate of authority shall be that insurer's permanent documentary evidence of licensure. This certificate is subject to annual renewal on July 1^ each year if the insurer qualifies under the requirements of this title and the rules and regulations of the Insurance Department. A certificate of authority shall continue in full force and effect unless specifically revoked or suspended in any manner provided by this title. Annually, the Commissioner shall send to each licensed insurer instructions and forms for the pur pose of describing specific filing requirements for maintenance of an insurer's authority to transact insurance business in this state."

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Section 6. Said title is further amended by striking Code Section 33-3-21, relating to reports of business affairs and operations of insurers generally, in its entirety and inserting in its place an new Code Section 33-3-21 to read as follows:
"33-3-21. On or before March 1 in each year after it shall have commenced to do business pursuant to a certificate of authority, every insurer shall make and file with the Insurance Commissioner of Insurance a report of its affairs and operations during the year ending on December 31 of the preceding year. This annual report shall be made in such form and contain such information as the Commissioner may prescribe by regu lation from time to time and may require in protecting the public interest, the interest of the policyholders of any insurer, and the interest of the investors in the securities issued by any insurer. The Commissioner may require by regulation any additional periodic reports as he may prescribe from time to time as necessary or appropriate for the protection of policyholders, investors, and the public and necessary to ensure the solvency of any insurer, to inform and protect the investors in any insurer, and to assure fair dealing in the securities of any insurer. The Commissioner may require that the reports tje vcniicd under oatn by any appropriate otiiccrs of agents tts ftc may designate by regulation ad may require the same te be published. Compliance with this Code seetion snail we & condition to tlic renewal OT a certificate or autnority under wodc section 33-3-16. Notwithstanding the deadline of March 1^ the Commissioner may grant for good cause an extension of time for filing such annual report. An extension period granted by the Commissioner shall not exceed 60 days. The Commissioner shall be authorized to impose an administrative fine not to exceed $500.00 per day for the failure to file such annual report by March 1 or by the date specified by the Commissioner in granting an extension."
Section 7. Said title is further amended by striking subsection (b) of Code Section 33-9-21, relating to the filing of rates, rating plans, and underwriting rules with the Com missioner, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for all personal private passenger motor vehicle insurance. No such rate, rating plan, rating system, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner m his office and such filing has been approved by the Commissioner or a period of 45 days has elapsed from the date such filing was received by the Com missioner during which time such filing has not been disapproved by the Commissioner. The Commissioner shall be authorized to extend such 45 day period by ten business days at his or her discretion. If a filing is disapproved, written notice ef such disapproval order by the Commissioner shall be given, specifying in what respects such filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance ef the disapproval order notice of such disapproval. In connection with any hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to establish that the challenged rates are adequate, not excessive, and not unfairly discriminatory. After such a hearing, the Commissioner may affirm, modify, or reverse his or her previous action. The requirement of approval or dis approval of a rate filing by the Commissioner under this subsection shall not prohibit actions by the Commissioner regarding compliance of such rate filing with the require ments of Code Section 33-9-4 brought after such approval or disapproval."
Section 8. Said title is further amended by striking subsection (a) of Code Section 33-9-23, relating to the examination of admitted insurers, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) The Commissioner may, at any reasonable time, make or cause to be made an examination of every admitted insurer transacting any class of insurance to which this chapter is applicable to ascertain whether the insurer and every rate and rating system used by it for each class of insurance complies with the requirements and standards of

WEDNESDAY, MARCH 18, 1992

2757

this chapter applicable thereto. The examination shall net be a part of a periodic general examination participated m by representatives ef more than ene state."
Section 9. Said title is further amended by striking Code Section 33-9-32, relating to the validity of contracts to use rates other than generally applicable rates, in its entirety and inserting in its place a new Code Section 33-9-32 to read as follows:
"33-9-32. Nothing contained in this chapter shall be deemed to prohibit an insurer and its insured from contracting to use a rate on a specific risk or risks which is in excess of or lower than that otherwise applicable, provided that the contract and rate deviation by consenting parties have been filed with the Commissioner prior te the use ef the rate in accordance with the procedures, conditions, and limitations as may be established by the Commissioner; a4 provided, further, that, if the resulting premium exceeds {pl jUOO.OO, ft DiRdeF ot covep8e nifly oe issued QHQ tnc contrflct sud rflte tioH 9fi8.ii '&e tiled wittiin sr? dflys fitter wie tssuflnce Or tne Dinder py rule or Such contract and rate deviation shall be subject to challenge by the Commissioner for a period ef ten days after filing. If and if such challenge is upheld, the insurer shall be required to use its regular filed rates for the first 36 days of coverage m accordance with the requirements ef applicable tew. If there is no challenge or if a challenge is not upheld, the contract and rate deviation agreed upon may be used from and after the effective date of the binder."
Section 10. Said title is further amended by striking Code Section 33-11-10, relating to investments in securities issued by the United States Treasury, in its entirety and inserting in its place a new Code Section 33-11-10 to read as follows:
"33-11-10. Notwithstanding any other provisions of this title which might be con strued to the contrary, nothing contained in this title shall be deemed to prohibit an insurer from investing its funds in or holding or owning as admitted assets securities issued Dy tnc L rcasury ot tne United otates government OF oy any agency or mstrumcn tality of tnc United otatcs government Of Dy any other institution so permitted under

\L) 1 nat a certificate evidencing tnc security and reciting tne rignts and oDliga~ tions thereunder ad the interest ef- the insurer thereunder is maintained i aft appropriflte locstion ts tutnorized uy I8w or ts deposited witii ond mQintQincQ Dy Qny bxcfifln^e Act ot Iyo4j
(2) That these securities ttre otherwise eligible for investment under this title; ad jrteserve ~~ united otfltes l reflsury JL'epflPtment ppogrQin relsting TO tne utilizstion OT book-entry record-keeping procedures with respect te th registration ef securities er order, rtrie^ er regulation, which are not evidenced by certificates or instruments and related records issued to the insurer if held in accordance with the rules and regula tions prescribed by the Commissioner and such securities are otherwise eligible for investment under this title." Section 11. Said title is further amended by adding at the end of Code Section 33-12-4, relating to the designation of trust companies as depositories, a new subsection (c) to read as follows: "(c) The Commissioner may by rule or regulation prescribe the methods by which book-entry securities may be accepted as securities required or permitted by law." Section 12. Said title is further amended by striking subsection (a) of Code Section 33-13-4, relating to the registration of insurers belonging to holding company systems, in its entirety and inserting in its place a new subsection (a) to read as follows: "(a) Requirement of registration generally. Every insurer which is authorized to do business in this state and which is a member of an insurance holding company system shall register with the Commissioner, except a foreign insurer subject to disclosure requirements and standards adopted by statute or regulation in the jurisdiction of its

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domicile which are substantially similar to those contained in this Code section. Any insurer which is subject to registration under this Code section shall register within 15 days after it becomes subject to registration unless the Commissioner for good cause shown extends the time for registration, and then within the extended time. The Com missioner may require any authorized insurer which is a member of a holding company system which is not subject to registration under this Code section to furnish a copy of the registration statement or other information filed by the insurance company with the insurance regulatory authority of its domiciliary jurisdiction. After initial registration under this subsection, every insurer shall be required to register with the Commissioner each succeeding year not later than April 30. The Commissioner may impose an admin istrative fine not to exceed $500.00 per day for the failure to register m accordance with this subsection."
Section 13. Said title is further amended by striking subsection (d) of Code Section 33-13-4, relating to the registration of insurers belonging to holding company systems, in its entirety and inserting in its place a new subsection (d) to read as follows:
"(d) Amendment of registration statements. Each registered insurer shall keep cur rent the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the Commissioner, within 15 days after the end of the month in which it learns of each change or addition; provided, however, subject to subsection {} ef Code Section 33-13-5, each registered insurer shall so report all dividends ad or other distributions to shareholders within two business days following the declaration of the dividends and or other distributions."
Section 14. Said title is further amended by striking subsection (a) of Code Section 33-13-14, relating to the right of appeal from certain actions of the Commissioner, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the Commissioner pursuant to this chapter may appeal the action te the Superior Court ef- Fulton County. The court shall conduct its review without a jwy and by trial de novo, except that, if att parties including the Commissioner se stipulate, the review shall be confined te the record. Portions ef- the record may be introduced by stip ulation Hrte evidence in a trial de novo as te those parties se stipulating in the manner provided for in Chapter 2 of this title."
Section 15. Said title is further amended by adding at the end of Code Section 33-14-5, relating to the filing of an application for a charter with the Secretary of State, a new subsection (f) to read as follows:
"(f) Nothing in this Code section shall require an insurer to obtain the Commission er's approval in the case of a merger or consolidation which the Commissioner by order has exempted, pursuant to subsection (h) of Code Section 33-13-3, from the require ments of Code Section 33-13-3."
Section 16. Said title is further amended by striking subsection (f) of Code Section 33-14-8, relating to procedures for the amendment or renewal of a charter, in its entirety and inserting in its place a new subsection (f) to read as follows:
"(f) When the certificate of the judge of the probate court as to the fact of publica tion of the application for amendment to the charter and the certificate of the Commis sioner as to his approval of the application for amendment shall have been received in the office of the Secretary of State, the Secretary of State shall issue to the corporation under the great seal ef thie state a certificate of amendment. The Secretary of State shall record the application for amendment to the charter, the certificate of approval of the Commissioner, the certificate of the judge of the probate court as to publication, and the certificate of amendment in a book to be kept by him the Secretary of State for that purpose."
Section 17. Said title is further amended by adding at the end of Code Section 33-14-75, relating to the procedure for merger or consolidation, a new subsection (e) to read as follows:

WEDNESDAY, MARCH 18, 1992

2759

"(e) This Code section shall not apply in the case of a merger or consolidation which the Commissioner by order has exempted, pursuant to subsection (h) of Code Section 33-13-3, from the requirements of Code Section 33-13-3."
Section 18. Said title is further amended by striking Chapter 15, relating to fraternal benefit societies, in its entirety and inserting in lieu thereof a new Chapter 15 to read as follows:
"CHAPTER 15 ARTICLE 1
33-15-1. Any incorporated society, order, or supreme lodge, without capital stock, including one exempted under the provisions of paragraph (2) of subsection (a) of Code Section 33-15-123, whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritu alistic form of work, having a representative form of government, and which provides benefits in accordance with this chapter is declared to be a fraternal benefit society.
33-15-2. (a) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated, or admitted in accordance with its laws, rules, and ritual. Subordinate lodges shall be required by the laws of the society to hold regular meetings periodically in furtherance of the purposes of the society.
(b) A society may, at its option, organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not be required of such children nor shall they have a voice or vote in the management of the society.
33-15-3. A society has a representative form of government when: (1) It has a supreme governing body constituted in one of the following ways: (A) The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society's laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than a majority of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and shall meet at least once every four years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elec tions may be filled in the manner prescribed by the society's laws; or (B) The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society's laws. A society may provide for elec tion of the board by mail. Each term of a board member may not exceed four years. Vacancies on the board between elections may be filled in the manner prescribed by the society's laws. Those persons elected to the board shall constitute a majority in number and not less than the number of votes required to amend the society's laws. A person filling the unexpired term of an elected board member shall be con sidered to be an elected member. The board shall meet at least quarterly to conduct the business of the society; (2) The officers of the society are elected either by the supreme governing body
or by the board of directors; (3) Only benefit members are eligible for election to the supreme governing body,
the board of directors, or any intermediate assembly; and (4) Each voting member shall have one vote and no vote may be cast by proxy.
33-15-4. As used in this chapter, the term: (1) 'Benefit contract' means the agreement for provision of benefits authorized by
Code Section 33-15-60, as that agreement is described in subsection (a) of Code Sec tion 33-15-63.

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(2) 'Benefit member' means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract.
(3) 'Certificate' means the document issued as written evidence of the benefit con tract.
(4) 'Laws' means the society's articles of incorporation, charter, constitution, and bylaws, however designated.
(5) 'Lodge' means subordinate member units of the society, known as camps, courts, councils, branches, or by any other designation.
(6) 'Premiums' means premiums, rates, dues, or other required contributions by whatever name known, which are payable under the certificate.
(7) 'Rules' means all rules, regulations, or resolutions adopted by the supreme gov erning body or board of directors which are intended to have general application to the members of the society.
(8) 'Society' means fraternal benefit society, unless otherwise indicated. 33-15-5. (a) A society shall operate for the benefit of members and their beneficia ries by:
(1) Providing benefits as specified in Code Section 33-15-60; and (2) Operating for one or more social, intellectual, educational, charitable, benevo lent, moral, fraternal, patriotic, or religious purposes for the benefit of its members, which may also be extended to others. Such purposes may be carried out directly by the society or indirectly through subsidi ary corporations or affiliated organizations. (b) Every society shall have the power to adopt laws and rules for the government of the society, the admission of its members, and the management of its affairs. It shall have the power to change, alter, add to, or amend such laws and rules and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society.
ARTICLE 2 33-15-20. (a) A society shall specify in its laws or rules:
(1) Eligibility standards for each and every class of membership, provided that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than age 15 and not greater than age 21;
(2) The process for admission to membership for each membership class; and (3) The rights and privileges of each membership class, provided that only benefit members shall have the right to vote on the management of the insurance affairs of the society. (b) A society may also admit social members who shall have no voice or vote in the management of the insurance affairs of the society. (c) Membership rights in the society are personal to the member and are not assign able. 33-15-21. (a) The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province, or territory wherein such society has at least one subordinate lodge, or in such other location as determined by the supreme governing body, and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language. (b) (1) A society may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published. Such required reports, notices, and statements shall be printed conspicuously in the publication. If the records of a society show that two or more members have the same mailing address, an official publication mailed to one member is deemed to be mailed to all members at the same address unless a member requests a separate copy. (2) Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society thereby

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disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, such synopsis may be published in the society's official publication. (c) A society may provide in its laws or rules for grievance or complaint procedures for members. 33-15-22. (a) The officers and members of the supreme governing body or any sub ordinate body of a society shall not be personally liable for any benefits provided by a society. (b) Any person may be indemnified and reimbursed by any society for expenses rea sonably incurred by and liabilities imposed upon such person in connection with or aris ing out of any action, suit, or proceeding, whether civil, criminal, administrative, or investigative, or threat thereof, in which the person may be involved by reason of the fact that he or she is or was a director, officer, employee, or agent of the society or of any firm, corporation, or organization which he or she served in any capacity at the request of the society. A person shall not be so indemnified or reimbursed: (1) in rela tion to any matter in such action, suit, or proceeding as to which he or she shall finally be adjudged to be or have been guilty of breach of a duty as a director, officer, employee, or agent of the society, or (2) in relation to any matter in such action, suit, or proceeding, or threat thereof, which has been made the subject of a compromise set tlement; unless in either such case the person acted in good faith for a purpose the per son reasonably believed to be in or not opposed to the best interests of the society and, in a criminal action or proceeding, in addition, had no reasonable cause to believe that his or her conduct was unlawful. The determination whether the conduct of such person met the standard required in order to justify indemnification and reimbursement in rela tion to any matter described in this subsection may only be made by the supreme gov erning body or board of directors by a majority vote of a quorum consisting of persons who were not parties to such action, suit, or proceeding or by a court of competent juris diction. The termination of any action, suit, or proceeding by judgment, order, settle ment, conviction, or upon a plea of no contest, as to such person shall not in itself create a conclusive presumption that the person did not meet the standard of conduct required in order to justify indemnification and reimbursement. The foregoing right of indemnifi cation and reimbursement shall not be exclusive of other rights to which such person may be entitled as a matter of law and shall inure to the benefit of his or her heirs, executors, and administrators. (c) A society shall have power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the society, or who is or was serving at the request of the society as a director, officer, employee, or agent of any other firm, corporation, or organization against any liability asserted against such person and incurred by him or her in any such capacity or arising out of his or her status as such, whether or not the society would have the power to indemnify the person against such liability under this Code section. 33-15-23. The laws of the society may provide that no subordinate body nor any of its subordinate officers or members shall have the power or authority to waive any of the provisions of the laws of the society. Such provision shall be binding on the society and every member and beneficiary of a member.
ARTICLE 3
33-15-40. (a) A domestic society organized on or after January 1, 1993, shall be formed as provided in this Code section. Ten or more citizens of the United States, a majority of whom are citizens of this state, who desire to form a fraternal benefit soci ety, may make, sign, and acknowledge before some officer competent to take acknowl edgment of deeds, a petition for a charter, in which shall be stated:
(1) The proposed corporate name of the society, which shall not so closely resem ble the name of any society or insurance company as to be misleading or confusing;
(2) The purposes for which it is being formed and the mode in which its corporate powers are to be exercised. Such purposes shall not include more liberal powers than are granted by this chapter; and

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(3) The names and residences of the incorporators and the names, residences, and official titles of all the officers, trustees, directors, or other persons who are to have and exercise the general control of the management of the affairs and funds of the society for the first year or until the ensuing election at which all such officers shall be elected by the supreme governing body, which election shall be held not later than one year from the date of issuance of the permanent certificate of authority. (b) The petition for a charter, duly certified copies of the society's bylaws and rules, copies of all proposed forms of certificates, applications therefor, circulars to be issued by the society, and a bond conditioned upon the return to applicants of the advanced payments if the organization is not completed within one year shall be filed with the Secretary of State, who may require such further information which is deemed neces sary. The bond with sureties approved by the Commissioner shall be in such amount, not less than $300,000.00 nor more than $1.5 million, as required by the Commissioner. All documents filed are to be in the English language. The Secretary of State shall transmit immediately one copy of the petition to the Commissioner and shall return one copy to the petitioner. The petition for a charter, with any and all exhibits attached thereto, shall be published in the manner provided in subsection (b) of Code Section 33-14-5. If the purposes of the society conform to the requirements of this chapter and all provisions of the law have been complied with, the Commissioner shall so certify in writing to the Secretary of State and shall furnish the incorporators a preliminary certif icate of authority authorizing the society to solicit members as hereinafter provided, but only after the granting of the certificate of incorporation by the Secretary of State. (c) No preliminary certificate of authority granted under the provisions of this Code section shall be valid after one year from its date or after such further period, not exceeding one year, as may be authorized by the Commissioner upon cause shown, unless the 500 applicants hereinafter required have been secured and the organization has been completed as provided in this chapter. The charter and all other proceedings thereunder shall become null and void in one year from the date of the preliminary cer tificate of authority, or at the expiration of the extended period, unless the society shall have completed its organization and received a certificate of authority to do business as provided in subsection (f) of this Code section. (d) A fraternal benefit society shall be incorporated by the Secretary of State upon compliance with the applicable provisions of law. (e) Upon receipt of a preliminary certificate of authority from the Commissioner, the society may solicit members for the purpose of completing its organization, shall collect from each applicant the amount of not less than one regular monthly premium in accordance with its table of rates, and shall issue to each such applicant a receipt for the amount so collected. No society shall incur any liability other than for the return of such advance premium, nor issue any certificate, nor pay, allow, or offer or promise to pay or allow any benefit to any person until:
(1) Actual bona fide applications for benefits have been secured aggregating at least $500,000.00 on not less than 500 applicants and any necessary evidence of insur ability has been furnished to and approved by the society;
(2) At least ten subordinate lodges have been established into which the 500 appli cants have been admitted;
(3) There has been submitted to the Commissioner, under oath of the president or secretary or corresponding officer of the society, a list of such applicants, giving their names, addresses, date each was admitted, name and number of the subordinate lodge of which each applicant is a member, amount of benefits to be granted, and the premiums therefor; and
(4) It shall have been shown to the Commissioner, by sworn statement of the trea surer or corresponding officer of such society, that at least 500 applicants have each paid in cash at least one regular monthly premium as provided in this subsection, which premiums in the aggregate shall amount to at least $150,000.00. Said advance premiums shall be held in trust during the period of organization and, if the society has not qualified for a certificate of authority within one year as provided in this Code section, such premiums shall be returned to said applicants.

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(f) The Commissioner may make such examination and require such further informa tion as the Commissioner deems advisable. Upon presentation of satisfactory evidence that the society has complied with all the provisions of law, the Commissioner shall issue to the society a certificate of authority to that effect and that the society is authorized to transact business pursuant to the provisions of this chapter. The certificate of author ity shall be prima-facie evidence of the existence of the society at the date of such certif icate. The Commissioner shall cause a record of such certificate of authority to be made. A certified copy of such record may be given in evidence with like effect as the original certificate of authority.
(g) Any incorporated society authorized to transact business in this state on January 1, 1993, shall not be required to reincorporate.
33-15-41. (a) A domestic society may amend its laws in accordance with the provi sions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the soci ety, by the vote of delegates or representatives of voting members, or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within six months from the date of submission thereof, a majority of the members voting shall have signified their consent to such amendment by one of the methods specified in this Code section. Charter amendments shall be filed in triplicate with the Secretary of State, published, and approved only under the procedure established in Code Section 33-14-8.
(b) No amendment to the laws of any domestic society shall take effect unless approved by the Commissioner and granted by the Secretary of State as provided in Code Section 33-14-8. The Commissioner and Secretary of State shall approve the amendment if they find that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects, and purposes of the society. Unless the Commissioner shall disapprove any such amendment within 30 days after the filing of same, such amendment shall be considered approved. The approval or disapproval of the Commissioner shall be forwarded, in writing, to the Secretary of State and also mailed to the secretary or corresponding officer of the society at its prin cipal office. If the Commissioner disapproves such amendment, the reasons therefor shall be stated in such written notice. Amendments to charters shall not be effective until granted by the Secretary of State.
(c) Within 90 days from the approval thereof by the Commissioner, all such amend ments or a synopsis thereof shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. The affidavit of any officer of the society or of anyone authorized by it to mail any amendments or syn opsis thereof, stating facts which show that same have been duly addressed and mailed, shall be prima-facie evidence that such amendments or synopsis thereof have been fur nished the addressee.
(d) Every foreign or alien society authorized to do business in this state shall file with the Commissioner a duly certified copy of all amendments of, or additions to, its laws within 30 days after the enactment of same.
(e) Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society, shall be prima-facie evidence of the legal adoption thereof.
33-15-42. A society may create, maintain, and operate, or may establish organizations to operate, not for profit institutions to further the purposes permitted by paragraph (2) of subsection (a) of Code Section 33-15-5. Such institutions may furnish services free or at a reasonable charge. Any real or personal property owned, held, or leased by the soci ety for this purpose shall be reported in every annual statement. No society shall own or operate funeral homes or undertaking establishments.
33-15-43. (a) A domestic society may, by a reinsurance agreement, cede any individ ual risk or risks in whole or in part to an insurer other than another fraternal benefit society having the power to make such reinsurance and authorized to do business in this state, in accordance with Code Section 33-7-14.

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(b) Notwithstanding the limitation in subsection (a) of this Code section, a society may reinsure the risks of another society in a consolidation or merger approved by the Commissioner under Code Section 33-15-44.
33-15-44. (a) A domestic society may consolidate or merge with any other society by complying with the provisions of this Code section. The filing of application, fee, and publication requirements of subsections (a) through (c) of Code Section 33-14-5 shall be applicable to merger under this chapter.
(b) The application shall state the names and respective locations of the proposed merged or consolidated societies with the dates of their original charters, all amend ments thereto, and the name and location of the proposed consolidated or merged soci ety. The application shall be signed with the corporate names and under the corporate seals of the societies.
(c) There shall be filed with the application: (1) A certified copy of the written contract containing in full the terms and condi
tions of the consolidation or merger; (2) A sworn statement by the president and secretary or corresponding officers of
each society showing the financial condition thereof on a date fixed by the Commis sioner but not earlier than December 31 next preceding the date of the contract;
(3) A certificate of such officers, duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds' vote of the supreme gov erning body of each society, such vote being conducted at a regular or special meeting of each such body or, if the society's laws so permit, by mail;
(4) Evidence that at least 60 days prior to the action of the supreme governing body of each society, the text of the contract has been furnished to all members of each society either by mail or by publication in full in the official publication of each society; and
(5) In the event any society which is a party to the contract is incorporated under the laws of any other state or territory, a certificate of approval as provided by the laws of such state or territory; if the laws of such state or territory contain no such provision, then a certificate of approval of the proposed consolidation or merger must be approved by the supervising insurance official of such state or territory. (d) If the Commissioner finds that the contract containing the terms and conditions of the proposed consolidation or merger is in conformity with this Code section, that the financial statements are correct, and that the consolidation or merger is just and equita ble to the members of each society, he shall approve the contract and issue his certifi cate to such effect, transmitting a copy of such certificate of approval to the Secretary of State. If the Commissioner does not approve the contract, he shall notify the society and shall transmit a copy of his certificate of disapproval to the Secretary of State. In case such contract is not approved, it shall be inoperative, and the fact of submission and its contents shall not be disclosed by the Commissioner. (e) Upon receipt of the certificate as to the publication of the application and the certificate of approval of the Commissioner, the Secretary of State shall issue, under the great seal of the state, a certificate of merger, which certificate shall be the charter of the consolidated or merged society. The Secretary of State shall record the application, the contract of merger and the other documents required to be filed, the certificate of the judge of the probate court, the certificate of the Commissioner, and the certificate of merger in a book to be kept by him for that purpose. (f) Upon the consolidation or merger becoming effective as provided in subsection (e) of this Code section, all the rights, franchises, and interests of the consolidated or merged societies in and to every species of property, real, personal, or mixed, and things in action belonging to the consolidated or merged societies shall be vested in the society resulting from or remaining after the consolidation or merger without any other instru ment, except that conveyances of real property may be evidenced by proper deeds, and the title to any real estate or interest therein vested under the laws of this state in any of the societies consolidated or merged shall not revert or be in any way impaired by reason of the consolidation or merger but shall vest absolutely in the society resulting from or remaining after such consolidation or merger.

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(g) The affidavit of any officer of the society or of anyone authorized by it to mail any notice or document, stating that such notice or document has been duly addressed and mailed, shall be prima-facie evidence that such notice or document has been fur nished the addressees.
33-15-45. Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the applicable requirements of Chapter 14 of this title if the plan of conversion has been approved by the Commis sioner. A plan of conversion shall be prepared in writing by the board of directors set ting forth in full the terms and conditions of conversion. The affirmative vote of two-thirds of all members of the supreme governing body at a regular or special meeting shall be necessary for the approval of such plan. No such conversion shall take effect unless and until approved by the Commissioner who may give such approval if the Com missioner finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society.
ARTICLE 4 33-15-60. (a) A society may provide the following contractual benefits in any form:
(1) Death benefits; (2) Endowment benefits; (3) Annuity benefits; (4) Temporary or permanent disability benefits; (5) Hospital, medical, or nursing benefits; (6) Monument or tombstone benefits to the memory of deceased members; and (7) Such other benefits as authorized for life insurers and which are not inconsist ent with this chapter. (b) A society shall specify in its rules those persons who may be issued or covered by the contractual benefits in subsection (a) of this Code section, consistent with provid ing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person. 33-15-61. (a) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the benefi ciary designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract. (b) A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member. (c) If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds shall be payable, the amount of such benefit, except to the extent that funeral benefits may be paid as provided in subsection (b) of this Code section, shall be payable to the estate of the deceased insured the same as other property not exempt, provided that if the owner of the certificate is other than the insured, such proceeds shall be payable to such owner. 33-15-62. No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any society shall be liable to attachment, garnishment, or other process or to be seized, taken, appropriated, or applied by any legal or equitable process or opera tion of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment by the society. 33-15-63. (a) Every society authorized to do business in this state shall issue to each owner of a benefit contract a certificate specifying the amount of benefits provided thereby. The certificate, together with any riders or endorsements attached thereto, the laws of the society, the application for membership, the application for insurance and declaration of insurability, if any, signed by the applicant, and all amendments to each

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thereof shall constitute the benefit contract, as of the date of issuance, between the soci ety and the owner, and the certificate shall so state. A copy of the application for insur ance and declaration of insurability, if any, shall be endorsed upon or attached to the certificate. All statements on the application shall be representations and not warranties. Any waiver of this provision shall be void.
(b) Any changes, additions, or amendments to the laws of the society duly made or enacted subsequent to the issuance of the certificate shall bind the owner and the bene ficiaries and shall govern and control the benefit contract in all respects the same as though such changes, additions, or amendments had been made prior to and were in force at the time of the application for insurance, except that no change, addition, or amendment shall destroy or diminish benefits which the society contracted to give the owner as of the date of issuance.
(c) Any person upon whose life a benefit contract is issued prior to attaining the age of majority shall be bound by the terms of the application and certificate and by all the laws and rules of the society to the same extent as though the age of majority had been attained at the time of application.
(d) A society shall provide in its laws that if its reserves as to all or any class of cer tificates become impaired, its board of directors or corresponding body may require that there shall be paid by the owner to the society the amount of the owner's equitable pro portion of such deficiency as ascertained by its board and that if the payment is not made either:
(1) It shall stand as an indebtedness against the certificate and draw interest not to exceed the rate specified for certificate loans under the certificates; or
(2) In lieu of or in combination with paragraph (1) of this subsection, the owner may accept a proportionate reduction in benefits under the certificate. The society may specify the manner of the election and which alternative is to be pre sumed if no election is made. (e) Copies of any of the documents mentioned in this Code section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions thereof. (f) No certificate shall be delivered or issued for delivery in this state unless a copy of the form has been filed with the Commissioner in the manner provided for like poli cies issued by life insurers in this state. Every life, accident and sickness, or disability insurance certificate and every annuity certificate issued on or after one year from Janu ary 1, 1993, shall meet the standard contract provision requirements not inconsistent with this chapter for like policies issued by life insurers in this state, except that a soci ety may provide for a grace period for payment of premiums of one full month in its certificates. The certificate shall also contain a provision stating the amount of premi ums which are payable under the certificate and a provision reciting or setting forth the substance of any sections of the society's laws or rules in force at the time of issuance of the certificate which, if violated, will result in the termination or reduction of benefits payable under the certificate. If the laws of the society provide for expulsion or suspen sion of a member, the certificate shall also contain a provision that any member so expelled or suspended, except for nonpayment of a premium or within the contestable period for material misrepresentation in the application for membership or insurance, shall have the privilege of maintaining the certificate in force by continuing payment of the required premium. (g) Benefit contracts issued on the lives of persons below the society's minimum age for adult membership may provide for transfer of control of ownership to the insured at an age specified in the certificate. A society may require approval of an application for membership in order to effect this transfer and may provide in all other respects for the regulation, government, and control of such certificates and all rights, obligations, and liabilities incident thereto and connected therewith. Ownership rights prior to such transfer shall be specified in the certificate. (h) A society may specify the terms and conditions on which benefit contracts may be assigned. 33-15-64. (a) For certificates issued prior to one year after January 1, 1993, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender

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value, loan, or other option granted shall comply with the provisions of law applicable immediately prior to January 1, 1993.
(b) For certificates issued on or after one year from January 1, 1993, for which reserves are computed on the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Table, the Commissioners 1958 Standard Ordinary Mortality Table, or the Commissioners 1980 Standard Mortality Table, or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall not be less than the corresponding amount ascertained in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits based upon such tables.
ARTICLE 5 33-15-80. A society shall invest its funds only in such investments as are authorized by the laws of this state for the investment of assets of life insurers and subject to the limitations thereon. Any foreign or alien society permitted or seeking to do business in this state which invests its funds in accordance with the laws of the state, district, terri tory, country, or province in which it is incorporated shall be held to meet the require ments of this Code section for the investment of funds. 33-15-81. (a) All assets shall be held, invested, and disbursed for the use and bene fit of the society, and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment on the surrender of any part thereof, except as provided in the benefit contract. (b) A society may create, maintain, invest, disburse, and apply any special fund or funds necessary to carry out any purpose permitted by the laws of such society. (c) A society may, pursuant to resolution of its supreme governing body, establish and operate one or more separate accounts and issue contracts on a variable basis, sub ject to the provisions of law regulating life insurers establishing such accounts and issu ing such contracts. To the extent the society deems it necessary in order to comply with any applicable federal or state laws or any rules issued thereunder, the society may adopt special procedures for the conduct of the business and affairs of a separate account; may, for persons having beneficial interests therein, provide special voting and other rights, including, without limitation, special rights and procedures relating to investment policy, investment advisory services, selection of certified public accountants, and selection of a committee to manage the business and affairs of the account; and may issue contracts on a variable basis to which subsections (b) and (d) of Code Section 33-15-63 shall not apply. 33-15-82. Except as provided in this Code section, societies shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of this state unless they are expressly designated therein or unless they are specifically made applica ble by this chapter. 33-15-83. Every society organized or licensed under this chapter is declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, municipal, and school taxes other than taxes on real estate and office equipment.
ARTICLE 6 33-15-100. (a) Standards of valuation for certificates issued prior to one year after January 1, 1993, shall be those provided by the laws applicable immediately prior to January 1, 1993. (b) The minimum standards of valuation for certificates issued on or after one year from January 1, 1993, shall be based on the following tables:
(1) For certificates of life insurance the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Table, the Commission ers 1958 Standard Ordinary Mortality Table, the Commissioners 1980 Standard Ordi nary Mortality Table, or any more recent table made applicable to life insurers; and

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(2) For annuity and pure endowment certificates, for total and permanent disabil ity benefits, for accidental death benefits, and for noncancelable accident and health benefits such tables as are authorized for use by life insurers in this state. All of the above shall be under valuation methods and standards, including interest assumptions, in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits. (c) The Commissioner may, in his or her discretion, accept other standards for valua tion if the Commissioner finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard prescribed in subsection (b) of this Code section. The Commissioner may, in his or her discretion, vary the standards of mortality applicable to all benefit contracts on substan dard lives or other extrahazardous lives by any society authorized to do business in this state. (d) Any society, with the consent of the commissioner of insurance of the state of domicile of the society and under such conditions, if any, which the commissioner may impose, may establish and maintain reserves on its certificates in excess of the reserves required thereunder, but the contractual rights of any benefit member shall not be affected thereby. 33-15-101. (a) Reports shall be filed in accordance with the provisions of this Code section. Every society transacting business in this state shall annually, on or before March 1, unless for cause shown such time has been extended by the Commissioner, file with the Commissioner a true statement of its financial condition, transactions, and affairs for the preceding calendar year. The statement shall be in general form and con text as approved by the National Association of Insurance Commissioners for fraternal benefit societies and as supplemented by additional information required by the Com missioner. (b) As part of the annual statement required by this Code section, each society shall, on or before March 1, file with the Commissioner a valuation of its certificates in force on December 31 last preceding, provided the Commissioner may, in his or her discretion for cause shown, extend the time for filing such valuation for not more than two calen dar months. Such valuation shall be done in accordance with the standards specified in Code Section 33-15-100. Such valuation and underlying data shall be certified by a qual ified actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society. (c) A society neglecting to file the annual statement in the form and within the time provided by this Code section shall forfeit $100.00 for each day during which such neglect continues and, upon notice by the Commissioner to that effect, its authority to do business in this state shall cease while such default continues. 33-15-102. Societies which are authorized on January 1, 1993, to transact business in this state and all societies licensed after such date but before June 30, 1993, may con tinue such business until June 30, 1993. The authority of such societies and all societies licensed may thereafter be renewed annually but in all cases to terminate on the suc ceeding June 30. However, a license so issued shall continue in full force and effect until the new license is issued or specifically refused. For each such license or renewal the society shall pay the Commissioner a fee as specified in Article 2 of Chapter 1 of this title. A duly certified copy or duplicate of such license shall be prima-facie evidence that the licensee is a fraternal benefit society within the meaning of this chapter. 33-15-103. (a) The Commissioner or any person he or she may appoint may exam ine any domestic, foreign, or alien society transacting or applying for admission to trans act business in this state in the same manner as authorized for examination of domestic, foreign, or alien insurers. Requirements of notice and an opportunity to respond before findings are made public as provided in the laws regulating insurers shall also be appli cable to the examination of societies. (b) The expense of each examination and of each valuation, including compensation and actual expenses of examiners, shall be paid by the society examined or whose certifi cates are valued, upon statements furnished by the Commissioner. 33-15-104. (a) No foreign or alien society shall transact business in this state with out a license issued by the Commissioner. Any such society desiring admission to this

WEDNESDAY, MARCH 18, 1992

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state shall comply substantially with the requirements and limitations of this chapter applicable to domestic societies. Any such society may be licensed to transact business in this state upon a showing that its assets are invested in accordance with the provi sions of this chapter and upon filing with the Commissioner:
(1) A duly certified copy of its charter of incorporation; (2) A copy of its bylaws, certified by its secretary or corresponding officer; (3) A power of attorney to the Commissioner as prescribed in Code Section 33-15-120; (4) A statement of its business under oath of its president and secretary or corre sponding officers in a form prescribed by the Commissioner, duly verified by an exam ination made by the supervising insurance official of its home state or other state, territory, province, or country, satisfactory to the Commissioner of this state; (5) Certification from the proper official of its home state, territory, province, or country that the society is legally incorporated and licensed to transact business therein; (6) Copies of its certificate forms; and (7) Such other information as the Commissioner may deem necessary, (b) A society domiciled in any other state, territory, province, or country shall com ply fully with this chapter and agree to be treated as a domestic society unless: (1) The state, territory, province, or country of domicile is accredited under the National Association of Insurance Commissioners Financial Regulation Standards and Accreditation Program. This paragraph shall apply on and after January 1, 1994; and (2) The state, territory, province, or country of domicile has a statute or regulation governing fraternal benefit societies which is substantially similar to this chapter. 33-15-105. (a) When the Commissioner upon investigation finds that a domestic society: (1) Has exceeded its powers; (2) Has failed to comply with any provision of this chapter; (3) Is not fulfilling its contracts in good faith; (4) Has a membership of less than 400 after an existence of one year or more; or (5) Is conducting business fraudulently or in a manner hazardous to its members, creditors, the public, or the business, the Commissioner shall notify the society of such deficiency or deficiencies in the man ner and under the procedures provided by Chapter 2 of this title. (b) A domestic society may surrender its charter under the procedure in Code Sec tion 33-14-25. 33-15-106. (a) When the Commissioner upon investigation finds that a foreign or alien society transacting or applying to transact business in this state: (1) Has exceeded its powers; (2) Has failed to comply with any of the provisions of this chapter; (3) Is not fulfilling its contracts in good faith; or (4) Is conducting its business fraudulently or in a manner hazardous to its mem bers or creditors or the public, the Commissioner shall notify the society of such deficiency or deficiencies in the man ner and under the procedures provided by Chapter 2 of this title. (b) Nothing contained in this Code section shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this state during the time such society was legally authorized to transact business in this state. 33-15-107. (a) Except as provided in subsections (b) and (c) of this Code section, agents of societies shall be licensed in accordance with the provisions of Chapter 23 of this title. (b) No examination or license shall be required of any regular salaried officer, employee, or member of a licensed society who devotes substantially all of his or her services to activities other than the solicitation of fraternal insurance contracts from the public, and who receives for the solicitation of such contracts no commission or other compensation directly dependent upon the amount of business obtained. (c) Any agent or representative of a society who devotes, or intends to devote, less than 50 percent of his time to solicitation and procurement of insurance contracts for

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such society shall be exempt from the requirements of subsection (a) of this Code sec tion. Any person who in the immediately preceding calendar year solicited and procured life insurance contracts on behalf of any society on the persons of more than 25 individ uals and who received or will receive a commission or other compensation therefor, is presumed to be devoting or intending to devote 50 percent of his time to the solicitation or procurement of insurance contracts for the society.
33-15-108. Every society authorized to do business in this state shall be subject to the provisions of Chapter 6 of this title, relating to unfair trade practices; provided, how ever, that nothing in such provisions shall be construed as applying to or affecting the right of any society to determine its eligibility requirements for membership or be con strued as applying to or affecting the offering of benefits exclusively to members or per sons eligible for membership in the society by a subsidiary corporation or affiliated organization of the society.
ARTICLE 7 33-15-120. (a) Every society authorized to do business in this state shall appoint in writing the Commissioner and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served and shall agree in such writing that any lawful process against it which is served on said attorney shall be of the same legal force and validity as if served upon the society and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of such appointment, certified by said Commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. (b) Service shall only be made upon the Commissioner or, if absent, upon the person in charge of the Commissioner's office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the Commissioner, the Commissioner shall forthwith forward one of the duplicate copies by registered or certified mail, prepaid, directed to the secretary or corresponding offi cer. No such service shall require a society to file its answer, pleading, or defense in less than 30 days from the date of mailing the copy of the service to a society. Legal process shall not be served upon a society except in the manner provided in this Code section. At the time of serving any process upon the Commissioner, the plaintiff or complainant in the action shall pay to the Commissioner a fee of $15.00. 33-15-121. All decisions and findings of the Commissioner made under the provisions of this chapter shall be subject to review as provided by Chapter 2 of this title. 33-15-122. (a) Any person, officer, member, or examining physician of any society doing business under this chapter who shall knowingly or willfully make any false or fraudulent statement or representation in or relating to any application for membership or for the purpose of obtaining money from or a benefit in any society shall be guilty of a misdemeanor. (b) Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter or of any mate rial fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate shall be guilty of false swearing and shall be subject to the penalties therefor prescribed by Code Section 16-10-71. (c) Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state shall, upon convic tion thereof, be fined not less than $50.00 nor more than $200.00. (d) Any person guilty of a willful violation of, or neglect or refusal to comply with, the provisions of this chapter for which a penalty is not otherwise prescribed shall, upon conviction thereof, be subject to a fine not to exceed $200.00. 33-15-123. (a) Nothing contained in this chapter shall be so construed as to affect or apply to:
(1) Grand or subordinate lodges of societies, orders, or associations doing business in this state on January 1, 1993, which provide benefits exclusively through local or subordinate lodges;

WEDNESDAY, MARCH 18, 1992

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(2) Orders, societies, or associations which admit to membership only persons engaged in one or more crafts or hazardous occupations or persons in the same or sim ilar lines of business, insuring only their own members and their families, and the ladies' societies or ladies' auxiliaries to such orders, societies, or associations;
(3) Orders, societies, or associations insuring only their own members, their fami lies and descendents of members, and the ladies' societies or ladies' auxiliaries to such orders, societies, or associations;
(4) Domestic societies which limit their membership to employees of a particular city or town, designated firm, business house, or corporation which provide for a death benefit of not more than $400.00 or disability benefits of not more than $350.00 to any person in any one year, or both; or
(5) Domestic societies or associations of a purely religious, charitable, or benevo lent description which provide for a death benefit of not more than $400.00 or for dis ability benefits of not more than $350.00 to any one person in any one year, or both. (b) Any such society or association described in paragraph (3) or (5) of subsection (a) of this Code section which provides for death or disability benefits for which benefit certificates are issued, and any such society or association included in paragraph (5) of subsection (a) of this Code section which has more than 1,000 members shall not be exempted from the provisions of this chapter but shall comply with all requirements of this chapter. (c) No society which, by the provisions of this Code section, is exempt from the requirements of this chapter, except any society described in paragraph (2) or (3) of sub section (a) of this Code section, shall give or allow, or promise to give or allow, to any person any compensation for procuring new members. (d) Every society which provides for benefits in case of death or disability resulting solely from accident and which does not obligate itself to pay natural death or sick bene fits shall have all of the privileges and be subject to all the applicable provisions and regulations of this chapter except that the provisions thereof relating to medical exami nation, valuations of benefit certificates, and incontestability shall not apply to such society. (e) The Commissioner may require from any society or association, by examination or otherwise, such information as will enable the Commissioner to determine whether such society or association is exempt from the provisions of this chapter. (f) Societies exempted under the provisions of this Code section shall also be exempt from all other provisions of the general insurance laws of this state." Section 19. Said title is further amended by striking Code Section 33-24-1, relating to definitions of terms used in Chapter 24, in its entirety and inserting in its place a new Code Section 33-24-1 to read as follows: "33-24-1. As used in this chapter, the term:
(1) 'Personal insurance' means insurance primarily for individual, family, or house hold needs rather than business or professional needs.
ft) (2) 'Policy' means the written contract of or written agreement for or effecting insurance. The term includes all clauses, riders, endorsements, and papers attached or issued and delivered for attachment to the contract or agreement and made a part of the contract or agreement.
(3) (3) 'Premium' means the consideration for insurance, by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for an insurance contract is deemed part of the premium." Section 20. Said title is further amended by striking subsection (a) of Code Section 33-24-9, relating to the requirements for the filing and approval of forms, in its entirety and inserting in its place a new subsection (a) to read as follows: "(a) No basic insurance policy or annuity contract form or application form where written application is required and is to be made a part of the policy or contract or printed rider or endorsement form or form of renewal certificate shall be delivered or issued for delivery in this state unless the form has been filed with and approved by the Commissioner. This subsection shall not apply to surety bonds] to special risks as

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defined by the Commissioner under such criteria, standards, and procedures as the Com missioner may establish; or to specially rated inland marine risks nor to policies, riders, endorsements, or forms of unique character designed for and used with relation to insur ance upon a particular subject or which related to the manner of distribution of benefits or to the reservation of rights and benefits under life or accident and sickness insurance policies and are used at the request of the individual policyholder, contract holder, or certificate holder."
Section 21. Said title is further amended by striking paragraphs (5) and (6) of sub section (b) of Code Section 33-24-18, relating to contents of insurance policies and annuity contracts generally, in their entirety and inserting in lieu thereof new paragraphs (5), (6), and (7) to read as follows:
"(5) The premium; and (6) The conditions pertaining to the coverager; and (7) The limit of liability or the amount of coverage." Section 22. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 33-24-44.1, relating to the procedure for cancellation of a policy by an insured, in its entirety and inserting in its place a new paragraph (1) to read as follows: "(1) If only the interest of the insured is affected, the policy shall be canceled on the later of the date the returned policy or written request is received by the insurer or its duly authorized agent or the date specified in the written request; provided, how ever, an insurer may satisfy the written request requirement of an insured by confirming the date and time of cancellation in writing to the insured;" Section 23. Said title is further amended by adding following Code Section 33-24-44.1, relating to the procedure for cancellation by insured and notice, a new Code Section 33-24-44.2 to read as follows: "33-24-44.2. (a) All cancellations of policies of personal insurance shall be on a pro rata basis. (b) This Code section shall not apply to:
(1) Credit insurance; (2) Surety insurance; (3) Title insurance; and (4) Policies canceled by the insured within 60 days of the inception date of such policy or by the insurer for nonpayment of premium within 60 days of the inception date of such policy." Section 24. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 33-24-46, relating to cancellation or nonrenewal of certain property insur ance policies, in its entirety and inserting in its place a new paragraph (2) to read as fol lows: "(2) 'Policies' means a policy insuring a natural person as named insured against direct loss to residential real property and or the contents thereof, as defined and lim ited in standard fire policies as approved by the Commissioner." Section 25. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 33-27-3, relating to required provisions of group life insurance policies, in its entirety and inserting in its place a new paragraph (6) to read as follows: "(6) A provision that any sum becoming due by reason of the death of the person insured shall be payable to the beneficiary designated by the person insured or desig nated by the trustee of a trust providing life, health, disability, retirement, or similar benefits to employees of a corporation or its affiliates or by the employer, provided that the employer uses the insurance proceeds to provide life, health, disability, retirement, or similar benefits to employees, subject to the provisions of the policy, in the event there is no designated beneficiary living at the death of the person insured, as to all or any part of such sum and subject to any right reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of such sum not exceeding $500.00

WEDNESDAY, MARCH 18, 1992

2773

to any person appearing to the insurer to be entitled equitably thereto by reason of hav ing incurred funeral or other expenses incident to the last illness or death of the person insured;".
Section 26. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 33-37-32, relating to premiums due during the pendency of a liquidation action, in its entirety and inserting in its place a new paragraph (1) to read as follows:
"(1) An agent, broker, premium finance company, or any other person, other than the insured, responsible who has assumed responsibility for the payment of a premium shall be obligated to pay any unpaid earned premium for the full policy term due the insurer at the time of the declaration of insolvency^ whether earned or unearned, as shown on the records of the insurer. The liquidator shall also have the right to recover from such person any part of an unearned premium that represents commission of such person. Credits or setoffs or both shall not be allowed to an agent, broker, or premium finance company for any amounts advanced to the insurer by the agent, broker, or pre mium finance company on behalf of, but in the absence of a payment by, the insured."
Section 27. Said title is further amended by striking subsection (b) of Code Section 33-45-6, relating to the annual statement of a continuing care provider, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) (1) The annual statement shall be in such form as the department prescribes. and snail contain at least trie lollowmgi
f3^ Financial statements audited by a independent certified public accountant,

{A) An accountant's opinion and, i accordance with generally accepted accounting principles:
{*} A balance sheet; (iii) A statement ef equity er fund balances; and {iv) A statement ef changes financial position; ad

tion, and operation; (2) The following financial information; equipment having tat original eest ef at least $26,000.00 so as te show in reasonable detail with respect te each separate facility original costs, accumulated depreciation,

Drflnces. /\.ny property not used mr continuing cflrc1 siiflli oc* snown scpflrstcly ipom property used m continuing care;
\\s) A Stfttemeftt Or ftri 1668 F6QU1POQ Of F631U6nt3 IflClUQingj OUt not limited tO,

wnicn tne flmount Or the 6ntrflncc *ee is determined it tne entrstnce tee ts~ Ftot tne

oij OP tne rfltes rop} cftpe OP services^ reftrdles9 of wnetftep *ne cns.n^e involves toe (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 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.
(2) The Commissioner may prescribe requirements for providers to establish mini mum reserves which shall place sound actuarial values on the liabilities of such

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providers. The Commissioner shall approve the method of calculation of minimum aggregate reserves required by this Code section." Section 28. This Act shall become effective on July 1, 1992. Section 18 of this Act shall apply on and after July 1, 1992, to new or newly admitted fraternal benefit societies. For fraternal benefit societies admitted prior to July 1, 1992, Section 18 of this Act shall apply on and after January 1, 1993. Section 29. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Dunn of the 73rd, et al. move to amend the Committee substitute to HB 1989 by adding on line 1 of page 2 after the word and symbol "contracts;" and before the word "to" the following:
"to provide for certificates;". By adding on line 29 of page 36 after the word "and" and before the word "may" the following: ", except as otherwise provided in Code Section 33-15-64,". By adding between lines 2 and 3 of page 37 the following: "33-15-64. (a) Any provision of a certificate which stipulates or relates to the con trol of the exercise of all rights incident to the certificate shall be set out under a sepa rate caption and shall be printed in boldface type. (b) Any provision of a certificate which changes the control of the exercise of all rights incident to the certificate from the original applicant to the named member upon such member's attainment of a certain age, which is less than the age of legal majority as provided in Code Section 39-1-1, shall not become effective unless written notice has been given to the original applicant and the named member and the written consent of such parties has been obtained as provided in subsection (c) of this Code section. (c) The notice as required in subsection (a) of this Code section shall be given 180 days prior to the date the member will attain the designated age. The notice shall be delivered in person or given by depositing the notice in the United States mail to be dispatched by at least first-class mail to the last addresses of record of the original applicant and the named member and receiving the receipt provided by the United States Postal Service or such other evidence as prescribed or accepted by the United States Postal Service. (d) In the event the written consent of the original applicant and the named member is not obtained prior to the date such member reaches the age designated in the certifi cate, the original applicant shall retain control of the exercise of all rights incident to the policy until the date the named member reaches the age of legal majority as defined in Code Section 39-1-1.". By striking on line 3 of page 37 the following: "33-15-64."
and inserting in lieu thereof the following: "33-15-65."

The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.

WEDNESDAY, MARCH 18, 1992

2775

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker ,L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

HB 1854.

By Representatives Henson of the 57th and Dunn of the 73rd: A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, and 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 policies of insurance which provide coverage shall not exclude or deny cover age for the diagnostic, surgical, or nonsurgical management of certain defor mities or disorders or apply certain reductions or limitations to such coverage.

The following Committee substitute was read:

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

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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 sick ness insurance which provide coverage for a diagnostic or surgical procedure involving muscle, a bone, or a joint of the musculoskeletal structure shall not exclude coverage for the diagnostic, surgical, or nonsurgical management of certain deformities or disorders; to provide for definitions; to authorize certain limitations as to such coverage; to provide for construction; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, is amended by adding at the end thereof a new Code Section 33-29-19 to read as follows: "33-29-19. (a) As used in this Code section, the term:
(1) 'Policy' means any benefit plan, contract, or policy except a credit insurance policy, disability income policy, specified disease policy, hospital indemnity policy, limited accident policy, or other limited accident accident and sickness policy.
(2) 'Temporomandibular joint' means the connection of the mandible and the tem poral bone through the articular disc surrounded by the joint capsule and associated ligaments and tendons. (b) An individual accident and sickness insurance policy issued by an insurer licensed to transact insurance in this state which provides coverage for a diagnostic, sur gical, or nonsurgical procedure involving muscle, a bone, or a joint of the musculoskeletal structure shall not exclude coverage for the diagnosis and surgical cor rection of congenital-developmental and acquired functional deformities of the maxilla and mandible and the diagnosis and surgical or nonsurgical management of disorders of the temporomandibular joint and masticatory muscles. (c) The provisions of this Code section shall not be construed or implied to require the provision of medical benefits for elective cosmetic surgery, orthodontic, periodontic, or general dental care. (d) The coverage required under subsection (b) of this Code section may be subject to such exclusions, reductions, or other limitations as to coverages, deductibles, or coin surance provisions as may be approved by the Commissioner provided such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance policy. (e) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating to preferred provider arrangements." Section 2. Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Anno tated, relating to group or blanket accident and sickness insurance, is amended by adding at the end thereof a new Code Section 33-30-14 to read as follows: "33-30-14. (a) As used in this Code section, the term:
(1) 'Policy' means any benefit plan, contract, or policy except a credit insurance policy, disability income policy, specified disease policy, hospital indemnity policy, limited accident policy, or other limited accident and sickness policy.
(2) 'Temporomandibular joint' means the connection of the mandible and the tem poral bone through the articular disc surrounded by the joint capsule and associated ligaments and tendons. (b) A group or blanket accident and sickness insurance policy issued by an insurer licensed to transact insurance in this state which provides coverage for a diagnostic, sur gical, or nonsurgical procedure involving muscle, a bone, or a joint of the musculoskeletal structure shall not exclude coverage for the diagnosis and surgical cor rection of congenital-developmental and acquired functional deformities of the maxilla and mandible and the diagnosis and surgical or nonsurgical management of disorders of the temporomandibular joint and masticatory muscles.

WEDNESDAY, MARCH 18, 1992

2777

(c) The provisions of this Code section shall not be construed or implied to require the provision of medical benefits for elective cosmetic surgery, orthodontic, periodontic, or general dental care.
(d) The coverage required under subsection (b) of this Code section may be subject to such exclusions, reductions, or other limitations as to coverages, deductibles, or coin surance provisions as may be approved by the Commissioner provided such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance policy.
(e) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of this chapter, relating to pre ferred provider arrangements."
Section 3. This Act shall be applicable to individual, group, or blanket policies of accident and sickness insurance issued, issued for delivery, delivered, or renewed on and after July 1, 1992, by any insurer authorized to transact accident and sickness insurance in this state.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Chambless of the 133rd moves to amend the Committee substitute to HB 1854 as follows:
On page 2 delete line 29 in its entirety and on page 4 delete line 12 in its entirety and insert in each place the following:
"policy, and the amount payable shall be subject to the maximum allowable for bene fits for like services as may be authorized by the Department of Medical Assistance under the Georgia Medicaid program."

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Adams
Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks

Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin N Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B

Y Cummings.M Y Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel N Floyd,J.M Y Floyd.J.W Y Flynt N Godbee Y Golden Y Goodwin
Green Y Greene
Griffin

Y Groover Y Hamilton Y Hammond Y Banner
Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Kilgore Y King Y Kingston Y Klein

Y Ladd Lane.D
Y Lane.R Langford
Y Lawrence Y Lawson Y Lee
Long Y Lord Y Lucas N Mann Y Martin Y McBee
McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley

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JOURNAL OF THE HOUSE,

N Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M N Orr Y Orrock Y Padgett Y Parham Y Parrish N Patten Y Pelote N Perry

Y Pettit N Pinholster Y Pinkston Y Poag Y Porter
Poston Y Powell,A Y Powell.C Y Presley N Purcell Y Randall Y Ray Y Reaves
Redding

Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L N Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F

N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert
Townsend Y Turnquest Y Twiggs

Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder
Williams.B Williams.J Y Williams.R Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 139, nays 15. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Fennel of the 155th, Irwin of the 57th and Poston of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Herbert of the 76th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 1978.

By Representatives Buckner of the 72nd, Mobley of the 64th, Lee of the 72nd, Poston of the 2nd, Aiken of the 21st and others: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for defini tions; to require registration for operators of beauty pageants.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1968.

By Representatives Snow of the 1st, Coker of the 21st, Smith of the 156th, Oliver of the 53rd and Wall of the 61st: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of civil actions, so as to provide for limitation of civil actions for childhood sexual abuse.

The following Committee substitute was read and adopted:

A BILL To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of civil actions, so as to provide for limitation of civil actions for childhood sexual abuse; to provide for a definition; to provide for applica bility; to provide that certain actions shall not be revived; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Anno tated, relating to specific periods of limitation of civil actions, is amended by adding, fol lowing Code Section 9-3-33, a new Code Section 9-3-33.1 to read as follows:

WEDNESDAY, MARCH 18, 1992

2779

"9-3-33.1. (a) As used in this Code section, the term 'childhood sexual abuse' means any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of 18 years and which act would have been proscribed by Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to sodomy and aggra vated sodomy; Code Section 16-6-3, relating to statutory rape; Code Section 16-6-4, relating to child molestation and aggravated child molestation; Code Section 16-6-5, relating to enticing a child for indecent purposes; Code Section 16-6-12, relating to pan dering; Code Section 16-6-14, relating to pandering by compulsion; Code Section 16-6-15, relating to solicitation of sodomy; Code Section 16-6-22, relating to incest; Code Section 16-6-22.1, relating to sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery, or any prior laws of this state of similar effect which were in effect at the time the act was committed.
(b) Any civil action for recovery of damages suffered as a result of childhood sexual abuse shall be commenced within five years of the date the plaintiff attains the age of majority."
Section 2. No action for childhood sexual abuse which, prior to July 1, 1992, has been barred by the provisions of Title 9, relating to actions, shall be revived by this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2057.

By Representatives Cauthorn of the 20th, Aiken of the 21st, Coker of the 21st, Vaughan of the 20th, Atkins of the 21st and others: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions for elections and primaries, so as to provide for inclusion on the ballot the name of the person designated as chief deputy by candidates for clerk of the state court of certain counties.

The following amendment was read and adopted:

Representative Mueller of the 126th moves to amend HB 2057 as follows: Add a new Section 2, change Section 2 to Section 3. Section 2. Code Section 21-2-98 of the Official Code of Georgia Annotated, relating to compensation of poll officers, is amended by striking subsection (b) of said Code section 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 counties of this state having a population of 200,000 or more according to the United States decennial census of 1080 1990 or any future such census, the minimum compensa tion for the chief manager shall be $60.00 $78.00 per diem; the minimum compensation for each assistant manager shall be $60.00 $66.00 per diem; and the minimum compensa tion for each clerk shall be $42.00 $60.00 per diem."

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 98, nays 2.

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JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1850.

By Representative Williams of the 90th: A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to pro vide authorization with certain conditions for certain counties and municipal ities to levy such tax.

The following Committee substitute was read and adopted:

A BILL To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Anno tated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain condi tions for certain counties and municipalities to levy such tax; to provide for requirements and limitations with respect thereto; to change certain provisions relating to the reim bursement deduction for collecting such tax; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Anno tated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, is amended by striking paragraph (5.1) of subsec tion (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (5.1) to read as follows: "(5.1) Notwithstanding any other provision of this subsection, a county (within the the territorial limits of the special district located within the county) and the municipal ities within a county in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit haH authority has net constructed or operated any facility before January ^ 1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (5.1)) an amount equal to at least 62 Vi percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (5.1). Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a con vention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall

WEDNESDAY, MARCH 18, 1992

2781

not exceed 13 percent. Any tax levied pursuant to this paragraph (5.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this par agraph (5.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obli gation and, upon the issuance of any such obligation by a local coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: 'fund' or 'funding' shall include the cost and expense of all things deemed nec essary by a local coliseum and exhibit hall authority for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority and any obligation of the local coliseum and exhibit hall authority to refund any prior obligation of the local coli seum and exhibit hall authority, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and 'facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall authority."
Section 2. Said article is further amended by striking Code Section 48-13-52, relating to the reimbursement deduction allowed for collecting the tax under such article, and inserting in its place a new Code Section 48-13-52 to read as follows:
"48-13-52. Each person collecting the tax authorized by this article shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount due is not delinquent at the time of payment. The rate of the deduction shall be the same
Ior deductions iroin trie stfltc scucs dtid use IQ.X under /\Ptictc x or 8 of this title 3 percent of the amount due, but only if the amount due was not delin quent at the time of payment."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 91, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Cheeks of the 89th would like the record to reflect his vote as "nay" on HB 1850.

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JOURNAL OF THE HOUSE,

HB 1428.

By Representative Davis of the 77th: A bill to amend Code Section 48-5-29 of the Official Code of Georgia Anno tated, relating to jurisdiction of the superior court in ad valorem property tax litigation, so as to provide that, in order to maintain certain civil actions, appeals, or affidavits of illegality filed under this title, an aggrieved taxpayer must pay the amount of taxes assessed before said taxes become delinquent.

The report 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.

Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1880 Do Pass HB 1883 Do Pass

HB 1884 Do Pass HB 1740 Do Pass, as Amended

Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of
the House and has instructed me to report the same back to the House with the following recommendations:
HR 789 Do Pass, as Amended HR 950 Do Pass, as Amended
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 18, 1992 Mr. Speaker and Members of the House: The Committee on Rules met and submits the following supplemental to the calendar already adopted this March 18, 1992, by adding the following: HR 789 Wetlands Conservation Study Committee; continue HR 950 Joint Study Committee on Alternative Fuels; create

WEDNESDAY, MARCH 18, 1992

2783

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 fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 950. By Representatives Alford of the 57th, Lane of the lllth and Dobbs of the 74th: A resolution creating the Joint Study Committee on Alternative Fuels.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 950 by adding on line 20 of page 3 between the word "committees" and the period the following:
"but shall receive the same for not more than five days".

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 92, nays 4. The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 789. By Representatives Smith of the 156th, Floyd of the 154th, Purcell of the 129th, Mueller of the 126th and Fennel of the 155th: A resolution continuing the Wetlands Conservation Study Committee.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 789 by changing figure "20" on line 14, page 4, to the figure "5".

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 92, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1691.

By Representative Meadows of the 91st: A bill to amend Code Section 16-12-4 of the Official Code of Georgia Anno tated, relating to cruelty to animals, so as to provide that failure to provide adequate food and water for cattle is cruelty to animals in the first degree.

The following Committee substitute was read and adopted:

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JOURNAL OF THE HOUSE,

A BILL To amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public health and morals in general, so as to provide for the criminal offense of cruelty to animals; to provide a penalty; to provide exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public health and morals in general, is amended by strik ing Code Section 16-12-4, relating to cruelty to animals, and inserting the following: "16-12-4. (a) A person is guilty of a misdemeanor of cruelty to animals in the sec ond degree when his act, omission, or neglect causes unjustifiable physical pain, suffer ing, or death to any living animal. (b) A person is guilty of a misdemeanor of cruelty to animals in the first degree upon a second or subsequent violation of subsection (a) of this Code section and, upon convic tion, shall be punished by imprisonment not to exceed 12 months or a fine not to exceed $5,000.00 or both. 4b) (c) This Code section does not apply to the killing of animals raised for the pur pose of providing food nor does it apply to any person who hunts wild animals in com pliance with the game and fish laws of this state. The killing or injuring of an animal for humane purposes or in the furtherance of medical or scientific research is justifi able." Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 95, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1943.

By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of superior court judges for each judicial cir cuit, so as to create a new third judgeship for the Dougherty Judicial Circuit.

The following amendment was read and adopted:

Representatives Murphy of the 18th, Cummings of the 17th and Watts of the 41st move to amend HB 1943 by adding following the word "construction" on line 22 of page 1 the following:
"; 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 third judgeship for the Tallapoosa Judicial Circuit; to provide for the appointment of the first such additional judge by the Governor; to provide for the election and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the qualifications and prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties composing the Tallapoosa Judicial Circuit; to provide for official papers; to provide for the division of business among the three judges of the Tallapoosa Judicial Circuit of Georgia; to provide for the judge senior in term of continuous service to be the chief judge, in whom shall be vested

WEDNESDAY, MARCH 18, 1992

2785

the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide for courtroom and chamber space; to provide for an additional court reporter for said circuit; to provide for statutory construction".
By adding between lines 25 and 26 of page 1 the following: "Part I".
By adding between lines 23 and 24 of page 5 the following: "Part II
Section 12. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (15) which reads as follows:
'(38) Tallapoosa Circuit................................................................................................... 2', and inserting in its place a new paragraph (38) to read as follows:
'(38) Tallapoosa Circuit................................................................................................... 3'. Section 13. One additional judge of the superior courts of the Tallapoosa Judicial Cir cuit is added, thereby increasing to three the number of judges of said circuit. Said addi tional judge shall be appointed by the Governor for a term of office beginning on July 1, 1992, and continuing through December 31, 1994, and until his or her successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of office of four years and until his successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Section 14. The additional judge of the superior courts for the Tallapoosa Judicial Cir cuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the three judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Section 15. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensa tion, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Tallapoosa Judicial Circuit. The provisions, if any, heretofore enacted for the supple mentation by the counties of said circuit of the salary of the judge of the superior courts of the Tallapoosa Judicial Circuit shall also be applicable to the additional judge pro vided for by this Act. Section 16. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Tallapoosa Judicial Circuit of Georgia may bear test in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, it shall be fully valid and may be held and determined before any judge of said circuit. Section 17. All writs and processes in the superior courts of the Tallapoosa Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges coequal in jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Section 18. The three judges of the superior courts for the Tallapoosa Judicial Cir cuit of Georgia, in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be per formed by each. In the event of any disagreement between said judges in any respect

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JOURNAL OF THE HOUSE,

hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge of the superior courts serving as the chief judge at the time this Act becomes effective shall continue to be chief judge and shall continue as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the chief judge. The three judges of the superior courts of the Tallapoosa Judicial Circuit shall have, and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one of said judges, and the hearing of all other matters not requiring a trial by a jury to the other judges, and they may alternate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chamber's business and motion business at the same time at any place within said cir cuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as defined in this section shall control.
Section 19. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit; and they or any of them shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
Section 20. The three judges of the Tallapoosa Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
Section 21. Upon request of any judge, the governing authorities of the counties com prising the Tallapoosa Judicial Circuit are authorized to furnish the judges of said court with suitable courtrooms and facilities, office space, telephone, furniture, office equip ment, supplies, and such personnel as may be considered necessary to the proper func tioning of the court. All of the expenditures authorized in this Act are declared to be an expense of court and payable out of the county treasuries as such.
Section 22. Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Part III" By redesignating Sections 12 and 13 as Sections 23 and 24, respectively. By striking line 25 of page 5 and inserting in lieu thereof the following: "appointments of the judges provided for in this Act,".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 105, nays 3. The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 950. By Representative Thomas of the 69th: A bill to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions concerning civil practice and procedure, so as to provide that the courts of this state may apply the doctrine of forum non conveniens to certain cases based upon acts or omissions originating outside of the State of Georgia.

WEDNESDAY, MARCH 18, 1992

2787

The following Committee substitute was read and adopted:

A BILL To amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to venue in general, so as to provide that the courts of this state may apply the doctrine of forum non conveniens to certain cases arising outside of this state and based upon acts or omissions occurring outside of the State of Georgia; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to venue in general, is amended by adding at the end thereof a new Code Section 9-10-35 to read as follows: "9-10-35. Upon motion of a defendant consented to by all defendants in a civil case filed in a court of this state in which a claim or cause of action arises outside of this state and is based upon acts or omissions occurring outside of this state, when it is shown that there exists a more appropriate forum outside of this state, taking into account the location where the acts or omissions giving rise to the cause of action occurred, the convenience of the parties and witnesses, the interests of justice, and other principles of the doctrine of forum non conveniens, the court may enter an order of stay and conditional dismissal on the following terms:
(1) All defendants affected agree to file a waiver of (A) any defense based upon the statute of limitations or any applicable statute of repose except any such defense which already existed at the time the suit was first filed and (B) any defense on the pendency of the Georgia action;
(2) The action against the defendants is stayed in the court of filing but shall not be dismissed unless and until the plaintiff has refiled the suit in an appropriate court and the defendants affected have filed a response consenting to the forum chosen by plaintiff. The action shall then be dismissed without prejudice; and
(3) If the plaintiff does not refile the case in an appropriate court within 60 days of the order, the action against the defendants shall be subject to an order of dismissal without prejudice. In the event of a timely appeal of the judgment of dismissal, the time for filing in the appropriate court shall be extended to include the period within 60 days of the appeal becoming final. For purposes of this subsection only, an 'appro priate court' means a court of competent jurisdiction of this state or another state of which the plaintiff is a resident or in which the acts or omissions giving rise to the cause of action occurred; provided, however, that no order of stay or conditional dis missal shall apply to fewer than all defendants; provided, however, that no suit in which the plaintiff is a resident of this state shall be dismissed pursuant to this Code section." Section 2. This Act shall only apply to causes of action filed on or after July 1, 1992. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken N Alford

N Ashe Y Atkins N Baker Y Balkcom

N Barfoot Bargeron
N Barnett.B N Barnett.M

Y Bates N Beatty Y Benefield N Birdsong

N Blitch Bordeaux
N Bostick N Branch

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JOURNAL OF THE HOUSE,

Breedlove N Brooks N Brown N Brush N Buck N Buckner N Byrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin Y Chambless N Cheeks N Childers N Clark.E N Clark.L Y Coker N Coleman Y Colwell
Connell N Culbreth N Cummings,B N Cummings,M N Davis.D N Davis.G N Davis.M N Dixon.H N Dixon.S Y Dobbs N Dover

N Dunn N Edwards N Elliott N Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt
Godbee Golden N Goodwin Green N Greene N Griffin Y Groover N Hamilton N Hammond N Hanner N Harris.B N Harris.J N Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones

Kilgore YKing
Kingston N Klein NLadd N Lane.D N Lane.R
Langford Y Lawrence Y Lawson YLee N Long Y Lord N Lucas N Mann N Martin N McBee N McCoy N McKelvey N McKinney.B N McKinney.C N Meadows N Merritt N Milam N Mills N Mobley N Moody N Morsberger N Moultrie Y Mueller Y Oliver.C N Oliver.M

NOrr N Orrock N Padgett
Parham N Parrish
Patten N Pelote Y Perry
Pettit N Pinholster N Pinkston N Poag
Porter N Poston
Powell,A N Powell.C Y Presley N Purcell N Randall NRay
Reaves Redding N Ricketson N Royal N Selman N Sherrill N Simpson E Sinkfield N Skipper N Smith.L Y Smith.P N Smith.T

N Smith,W N Smyre N Snow N Stancil.F N Stancil.S N Stanley N Streat N Taylor N Teper Y Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus N Tolbert
Townsend N Turnquest Y Twiggs N Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder N Williams.B
Williams.J Williams.R N Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 23, nays 135. The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

Representatives Bordeaux of the 122nd, Golden of the 148th Kingston of the 125th and Powell of the 13th stated that they had been called from the floor of the House dur ing the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representatives King of the 72nd and Perry of the 5th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

HB 1882.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to regulation of sales of alcoholic beverages on Sunday, so as to change the population bracket.

The report 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.

HR 863. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Martin of the 26th and Oliver of the 53rd

A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a trust fund from which funds shall be disbursed for the payment

WEDNESDAY, MARCH 18, 1992

2789

of workers' compensation benefits to an employee of an employer who has not obtained workers' compensation insurance or who is not self-insured against such liability; to pro vide for the submission of this amendment for ratification or rejection; and for other pur poses.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding a new subparagraph (k) to read as follows:
"(k) The General Assembly is authorized to provide by law for a trust fund from which funds shall be disbursed for the payment of workers' compensation benefits to an employee of an employer who has not obtained workers' compensation insurance or who is not self-insured against such liability. As authorized by law, revenues raised for the purposes of the fund may be paid into and disbursed from the trust fund without being subject to the limitations of this Paragraph or of Article VII, Section III, Paragraph II."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assem bly to provide by law for a trust fund from which funds shall be disbursed for the payment of workers' compensation benefits to an employee of an employer who has not obtained workers' compensation insurance or who is not self-insured against such liability?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Abernathy N Adams N Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd

Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards

Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall

2790

JOURNAL OF THE HOUSE,

Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus

Y Tolbert Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall

Y Watson Y Watts Y White N Wilder Y Williams.B
WilliamsJ Williams.R Y Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 159, nays 6. The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1881 Do Pass HB 1954 Do Pass, by Substitute HB 1972 Do Pass HB 2026 Do Pass HB 2041 Do Pass HB 2062 Do Pass HB 2068 Do Pass HB 2071 Do Pass HB 2074 Do Pass HB 2075 Do Pass HB 2077 Do Pass, as Amended SB 556 Do Pass

SB 585 Do Pass, by Substitute SB 785 Do Pass HB 1878 Do Pass HB 1885 Do Pass HB 1886 Do Pass HB 2042 Do Pass HB 2043 Do Pass HB 2063 Do Pass HB 2067 Do Pass HB 2076 Do Pass, by Substitute HB 2085 Do Pass HB 2088 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Walker of the 115th assumed the Chair.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1881.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to repeal an Act providing for a board of elections in certain counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1954.

By Representatives Walker 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.

WEDNESDAY, MARCH 18, 1992

2791

The following Committee substitute was read and adopted:
A BILL To amend an Act incorporating the City of Ceriterville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4172), 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 April 4, 1991 (Ga. L. 1991, p. 4172), is amended by inserting at the end of paragraph (2) the following: "Also included within the corporate limits of the City of Centerville is the following described property:
The public right of way of Old Powersville Road from a point where the westerly line of land lot 113 intersects with such road 1.17 miles in a westerly direction to the easternmost line of the intersection with U.S. Highway 41." Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1972.

By Representatives Alford of the 57th, Irwin of the 57th, Teper of the 46th, Henson of the 57th, Oliver of the 53rd and others: A bill to amend an Act incorporating the City of Avondale Estates, so as to provide for the corporate limits of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2026.

By Representatives Dixon of the 128th, Merritt of the 123rd, Pelote of the 127th, Hamilton of the 124th and Mueller of the 126th: A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2041.

By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th, Martin of the 26th, Townsend of the 24th and others: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization, so as to change the popula tion figures describing counties which may elect to select one additional county board of equalization for each 10,000 parcels in the county.

2792

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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2062.

By Representative Barnett of the 10th: A bill to create and establish the Cumming-Forsyth County Charter Commis sion.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2068.

By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th: A bill to amend an Act creating the Board of Commissioners of Thomas County, so as to change the composition of the commissioner districts from which members of the board of commissioners are elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2071.

By Representative Smith of the 156th: A bill to provide for a referendum in Mclntosh County relating to the reten tion of the Mclntosh County Industrial 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 ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2074.

By Representative Carrell of the 65th: A bill to amend an Act changing the manner and method of choosing mem bers of the board of education of Walton County, so as to provide new edu cation districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 18, 1992

2793

HB 2075. By Representative Harris of the 84th: A bill to provide for the method of filling vacancies in the membership of the Hospital Authority of McDuffie County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2077. By Representatives Kingston of the 125th, Bordeaux of the 122nd, Hamilton of the 124th, Merritt of the 123rd, Mueller of the 126th and others: A bill to create the Savannah Development and Renewal Authority.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 2077 by striking line 13 of page 10 and inserting in its place the following:
"pay no taxes or other assessments by the". By adding immediately following the period on line 18 of page 10 the following: "The tax exemption provided for in this section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority."

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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 556. By Senators Tate of the 38th, Egan of the 40th, Scott of the 36th and oth ers: A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative to public letting and bids; to change the provision relative to adver tisement of bids; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 585. By Senators Tate of the 38th, Scott of the 36th, Egan of the 40th and oth ers: A bill to amend Code Section 8-3-50 of the Official Code of Georgia Anno tated, relating to the appointment of local housing authority commissioners, so as to provide that in counties having a population of 550,000 or more according to the United States decennial census of 1990 or any future such census, the resident commissioner shall be a voting member of the authority; to provide an effective date.

2794

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL To amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment of local housing authority commissioners, so as to provide that in coun ties having a population of 550,000 or more according to the United States decennial cen sus of 1990 or any future such census, the resident commissioner shall be a voting member of the authority; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment of local housing authority commissioners, is amended by striking para graph (3) of subsection (b) and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) In any county with a population of 550,000 or more according to the United States decennial census of 1070 1990 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the governing body shall, in addition to the other commissioners authorized under paragraph (1) of this sub section, appoint ene commissioner two commissioners to be known as 'resident commiaaoner commissioners' who shall be a resident residents of a housing project located within the unincorporated areas of said county. The tenants of each housing project located within the unincorporated areas of the county shall, upon request of the governing body of the county, be entitled to nominate one resident of said housing project for the appointment as resident commissioner, and the governing body shall appoint ene two of said nominees as resident commissioner commissioners. Thia Such resident commiaaioncr commissioners shall be appointed for a term terms of office of one year and shall have ne vote be voting members. In the event any person serving as resident commissioner ceases to be a resident of a housing project located within the unincorporated area of said county, then such person shall cease to be a resident com missioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment by the governing body of said 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 sub stitute, was agreed to.
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 substi tute.

SB 785. By Senators Thompson of the 33rd, Clay of the 37th, Newbill of the 56th and others: A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to clarify the purpose of this Act; to pro vide for the life of a district and for procedures to extend the life of a dis trict.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, MARCH 18, 1992

2795

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1878.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-148 of the Official Code of Georgia Anno tated, relating to interest on unpaid ad valorem taxes, rate, and records of interest and taxes collected, so as to change the provisions relating to popula tion brackets and the census relative to interest on unpaid ad valorem taxes in certain counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y FloydJ.M Y Floyd,J.W
Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1885.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-45 of the Official Code of Georgia Anno tated, relating to applications for homestead exemptions, so as to change a population bracket so as to exclude Carroll County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2796

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1886.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Anno tated, relating to time for making tax returns, so as to repeal two subsections containing population brackets that are applicable to Carroll County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong

Y Blitch Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn

Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M

Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt Y Godbee Y Golden Y Goodwin
Green

Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin

WEDNESDAY, MARCH 18, 1992

2797

Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong Y Lord Y Lucas YMann Y Martin

Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett
Parham

Y Parrish Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal

Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas, M Y Thomas.N

Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2042.

By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th, Martin of the 26th, Townsend of the 24th and others: A bill to amend Code Section 48-5-24 of the Official Code of Georgia Anno tated, relating to payment of ad valorem taxes to counties, so as to revise the population figures describing counties in which taxes are due on August 15, delinquent after October 15, interest accrues on delinquent taxes and pen alty, and tax collectors issue executions for delinquent taxes, penalties, and interest.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter

Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden

Y Goodwin Green
Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane.R
Langford Y Lawrence

Y Lawson YLee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry

Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat

2798

JOURNAL OF THE HOUSE,

Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N

Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L

Y Wall Y Watson Y Watts
White Y Wilder

Y Williams.B Williams.J
Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2043.

By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th, Martin of the 26th, Townsend of the 24th and others: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to change the population figures describing the counties in which 4 percent commission is allowed for collection of intangible recording tax.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane.K
Langford Y Lawrence Y Lawson YLee Y Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2063.

By Representative Barnett of the 10th: 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, in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school dis trict who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or permanently disabled.

WEDNESDAY, MARCH 18, 1992

2799

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y' Carter Y Cauthorn Y Chafin Y Chambiess Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd
Lane,D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2067.

By Representative Beatty of the 12th: A bill to provide a homestead exemption from all City of Jefferson and City of Jefferson Independent School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that city and school dis trict who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron

Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch

Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell

Y Carter Y Cauthorn Y Chafin Y Chambiess Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

Y Colwell Connell
Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S

2800

JOURNAL OF THE HOUSE,

Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Flovd.J.W
Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin
Groover Y Hamilton Y" Hammond
Manner Y Harris.B Y Harris,,) Y Heard Y Henson Y Herbert Y Holland

Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd
Lane.D Y Lane.R
Langford Y Lawrence Y' Lawson YLee Y Long Y Lord Y' Lucas YMann Y Martin Y McBee Y McCoy

Y McKelvey McKinney.B
Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag

Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley

Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2076. By Representatives Childers of the 15th and McKelvey of the 15th: A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for an additional homestead exemption.

The following Committee substitute was read and adopted:

A BILL To amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school dis trict, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4856), so as to provide for homestead exemp tions for persons who are 65 years of age or over and for persons who are 75 years of age or over; to specify the terms, conditions, and procedures relative to the exemption; to pro vide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school dis trict, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4856), is amended by adding new Sections 2A and 2B to read as follows: "Section 2A. Each resident of the Floyd County School District who is 65 years of age or over is granted an exemption on that person's homestead, which shall include the homestead plus no more than one acre of land, from one-half of the Floyd County School District ad valorem taxes for educational purposes, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed $20,000.00 for the immediately preceding year. The value of the home stead in excess of the exempted amount shall remain subject to taxation.

WEDNESDAY, MARCH 18, 1992

2801

Section 2B. Each resident of the Floyd County School District who is 75 years of age or over is granted an exemption on that person's homestead, which shall include the homestead plus no more than one acre of land, from all Floyd County School District ad valorem taxes for educational purposes, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed $20,000.00 for the immediately preceding year. The value of the homestead in excess of the exempted amount shall remain subject to taxation."

Section 2. The exemption granted by this Act shall apply to all taxable years begin ning after December 31, 1992.

Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Floyd County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the November, 1992, state-wide general election and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be pub lished once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides for a homestead exemption from one-half of the Floyd County School District ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over and which provides for a homestead exemption from all Floyd County School District ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes not exceeding $20,000.00 and who are 75 years of age or over?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect immediately. If Sections 1 and 2 of this Act are not so approved or if the election is not conducted as provided in this section, then Sections 1 and 2 of this Act shall not become effective and this Act shall be immediately repealed following that election date.
The expense of such election shall be borne by Floyd County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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.

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom

Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong

Y Blitch Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush

Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn

Y Chafin Y Chambtess Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

2802

JOURNAL OF THE HOUSE,

Y Colwell Connell
Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W
Flynt Y Godbee
Y Golden Y Goodwin
Green Y Greene Y Griffin
Groover Y Hamilton

Y Hammond Manner
Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
Y Klein Y Ladd
Lane,D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong

YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry

Y Pettit Y Pinholster
Pinks ton YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson
E Sinkfield Y Skipper Y Smith.L
Y Smith.P Smith.T
Y Smith.W Y Smyre
Snow Y Stancil.F

Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J
Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed, by substitute.

HB 2085.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Anno tated, relating to the time for making ad valorem tax returns, so as to change the population and census application of certain provisions requiring the opening of books for the return of taxes on January 1 and closing of such books on March 1 in all counties of this state having a population of not less than 66,000 nor more than 73,000 according to the United States decennial census of 1970 or any future such census.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy
Y Adams Y Aiken
Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M
Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux
Y Bostick Y Branch

Y Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

Y Colwell Connell
Y Culbreth
Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Y Floyd.J.W Flynt

Y Godbee Y Golden Y Goodwin
Green
Y Greene Y Griffin
Groover Y Hamilton
Y Hammond Hanner
Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin

Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Lane.D
Y Lane.R Langford
Y Lawrence Y Lawson YLee Y Long Y Lord Y Lucas YMann Y Martin

WEDNESDAY, MARCH 18, 1992

2803

Y McBee
Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M

YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T

Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend

Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2088.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend Code Section 48-5-148 of the Official Code of Georgia Anno tated, relating to interest on certain unpaid ad valorem taxes, so as to change the population and census application of certain provisions requiring that such taxes unpaid as of November 20 of each year shall bear interest in each county of this state having a population of not less than 66,000 nor more than 73,000 according to the United States decennial census of 1970 or any future such census.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin

Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin

Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee YLong Y Lord Y Lucas Y Mann

Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell
Randall
YRay
Y Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest

2804

JOURNAL OF THE HOUSE,

Y Twiggs Y Valenti Y Vaughan

Y Walker.J Walker.L
Y Wall

Y Watson Y Watts
White

Y Wilder Y Williams.B
Williams.J

Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1307.

By Representative Dover of the llth: A bill to amend Code Section 48-9-30 of the Official Code of Georgia Anno tated, relating to definitions regarding the road tax on motor carriers, so as to change the definition of a motor vehicle with respect to such tax.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2015.

By Representatives Wilder of the 21st, Sherrill of the 47th, Ashe of the 25th, Klein of the 21st, Vaughan of the 20th and others: A bill to amend Code Section 3-3-24.1 of the Official Code of Georgia Anno tated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alcoholic beverages, so as to change the population figures describing counties prohibiting the entry of minors onto the premises of certain businesses engaged in the retail sale of alcoholic beverages unless accompanied by the minor's parent or guardian.

The following substitute, offered by Representatives Dixon of the 151st and Wilder of the 21st was read and adopted:

A BILL To amend Code Section 3-3-24.1 of the Official Code of Georgia Annotated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alco holic beverages, so as to change references to "minors" to "persons under the age of 18 years"; to change the population figures describing counties prohibiting the entry of per sons under the age of 18 years onto the premises of certain businesses engaged in the retail sale of alcoholic beverages unless accompanied by the person's parent or guardian; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 3-3-24.1 of the Official Code of Georgia Annotated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alco holic beverages, is amended by striking subsection (b) in its entirety and inserting a new subsection to read as follows: "(b) In all counties of this state having a population of not less than 360,000 400,000 and not more than 660,000, 600,000 according to the United States decennial census of 1070 1990 or any future such census, no minor person under the age of 18 years shall enter the premises of any business establishment engaged in the retail sale of alcoholic beverages in unbroken packages unless such miner person is accompanied by the minor's

WEDNESDAY, MARCH 18, 1992

2805

his or her parent, guardian, or custodian; tter shall any buaincaa establishment primarily cnftG i iw tii'C rctflil sfllc 0t flicoiiouc DCvertices ifi unoroiCGri pdcitQgCs permit flny minor te enter its buaincas prcmiaca unlcaa auch minor is accompanied fey the minor's parent,

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J

Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy N McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr N Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor N Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall
Watson Watts Y White Y Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Coleman of the 118th District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1979 Do Pass, by Substitute HR 1027 Do Pass HR 651 Do Pass, as Amended

HR 677 Do Pass HB 1239 Do Pass

2806

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Coleman of the 118th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 18, 1992

Mr. Speaker and Members of the House:

The Committee on Rules met and submits the following supplemental to the calendar already adopted this March 18, 1992, by adding the following:

HB 1405 HB 1692 HB 1723 HB 1817 HB 1846 HB 1929 HB 1979 HB 2065

Tax Amnesty Program Act; enact Land bank authorities; property acquisition; certain taxes Agriculture; grain dealer, etc.; annual license fee Certain counties; boards of health; injury prevention Water/Wastewater Treatment Plant Opr & Lab Analysts Bd; add member Anatomical gifts; amend provisions State employees; certain line-of-duty injuries; benefits Department of Georgia Buildings; create

HR 1027 State Revenue Estimate Board; create - CA

ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COM MITTEE.

Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.

Respectfully submitted, /s/ Lee of the 72nd
Chairman

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1723.

By Representative Reaves of the 147th: A bill to amend Chapter 1 of Title 2 of the Official Code of Georgia Anno tated, relating to agriculture in general, so as to provide that any individual conducting business as a grain dealer, commercial feed dealer, or warehouse man shall pay an annual license fee in an amount not to exceed $1,500.00.

The following amendment was read and adopted:

Representative Reaves of the 147th moves to amend HB 1723 by striking on line 4 of page 1 the following:
"or warehouseman", and inserting in lieu thereof the following:
"and grain warehouseman". By striking on line 14 of page 1 the following:

WEDNESDAY, MARCH 18, 1992

2807

"and",

and inserting in lieu thereof the following: "and grain".

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Heard Henson Y Herbert Y Holland Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Par ham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith,L Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1405. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide a tax amnesty program.

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 a tax amnesty program; to provide for legislative findings, decla rations, and intent; to provide for definitions; to provide for powers, duties, and authority

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of the state revenue commissioner with respect to such amnesty program; to provide for waiver of tax penalties and criminal prosecution; to provide for the publicizing of the tax amnesty program; to impose collection fees; to establish an amnesty account; to provide for criminal penalties during and after the amnesty period; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding at the end thereof a new chapter, to be designated Chapter 16, to read as follows:
"CHAPTER 16 48-16-1. The General Assembly finds and declares that a public purpose is served by the waiver of tax penalties and criminal prosecution in return for the immediate report ing and payment of previously underreported, unreported, or unpaid tax liabilities. The General Assembly further finds and declares that the benefits gained through this pro gram, include among other things, increased collection of certain currently owed taxes, permanently bringing into the tax system taxpayers who have been evading payment of taxes and providing an opportunity for taxpayers to satisfy tax obligations before stepped-up tax enforcement programs take effect. It is the intention of the General Assembly in enacting this chapter that the tax amnesty program provided under this article be a one-time occurrence which shall not be repeated in the future because tax payers' expectations of any future amnesty programs could have a counterproductive effect on compliance under this chapter. 48-16-2. This chapter shall be known and may be cited as the 'Tax Amnesty Pro gram Act.' 48-16-3. As used in this chapter, the term:
(1) 'Accounts receivable' means an amount of state tax, penalty, or interest which has been recorded as due and entered in the account records or any ledger maintained in the department, or which a taxpayer should reasonably expect to become due as a direct or indirect result of any pending or completed audit or investigation, which a taxpayer knows is being conducted by any federal, state, or local taxing authority.
(2) 'Final, due, and owing' means an assessment which has become final and is owed to the state due to either the expiration of the taxpayer's appeal rights or, in the case of an assessment which has been appealed, either pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' or pursuant to Code Section 48-2-59, the rendition of the final order by the commissioner or by any court of this state. Assessments that have been appealed shall be final, due, and owing 15 days after the last unappealed or unappealable order sustaining the assessment or any part thereof has become final. Assessments that have not been appealed shall be final, due, and owing 30 days after service of notice of assessment pursuant to Code Section 48-2-45.
(3) 'Taxpayer' means any individual, partnership, joint venture, association, corpo ration, receiver, trustee, guardian, executor, administrator, fiduciary, or any other entity of any kind subject to any tax set forth in this title or any person required to collect any such tax under this title. 48-16-4. (a) The commissioner shall develop and administer a one-time tax amnesty program as provided in this chapter. The commissioner shall, upon the voluntary return and remission of taxes and interest owed by any taxpayer, waive all penalties that are assessed or subject to being assessed for outstanding liabilities for taxable periods ending or transactions occurring on or before December 31, 1990. The commissioner shall pro vide by regulation as necessary for the administration of this amnesty program and shall further provide for necessary forms for the filing of amnesty applications and returns. (b) Notwithstanding the provisions of any other law to the contrary, the tax amnesty program shall begin by October 31, 1992, and shall be completed no later than Decem ber 31, 1992, and shall apply to all taxpayers owing taxes, penalties, or interest adminis tered by the commissioner under the provisions of this title, except that the tax amnesty

WEDNESDAY, MARCH 18, 1992

2809

shall not apply to any property tax levied or administered by the commissioner pursuant to Chapters 5 and 6 of this title. The program shall apply to tax liabilities for taxable periods ending or transactions occurring on or before December 31, 1990. Amnesty tax return forms shall be in a form prescribed by the commissioner.
48-16-5. (a) The provisions of this chapter shall apply to any eligible taxpayer who files an application for amnesty within the time prescribed by the commissioner and does the following:
(1) Files such returns as may be required by the commissioner for all years or tax reporting periods as stated on the application for which returns have not previously been filed and files such returns as may be required by the commissioner for all years or tax reporting periods for which returns were filed but the tax liability was underreported;
(2) Pays in full the taxes due for the periods and taxes applied for at the time the application or amnesty tax returns are filed within the amnesty period and pays with the taxes the amount of interest due and pays the amount of any additional tax and interest owed as may be determined by the commissioner within 30 days of notifica tion by the commissioner; and
(3) The commissioner may, in his discretion, impose by regulation, the further con dition that, in addition to the requirements set forth in paragraphs (1) and (2) of this subsection, the requirement that any eligible taxpayer also pay in full within the amnesty period all taxes previously assessed by the commissioner that are final, due, and owing at the time the application or amnesty tax returns are filed and pays with the taxes the amount of interest due and pays within 30 days of notification by the commissioner the amount of any additional interest owed. (b) An eligible taxpayer may participate in the amnesty program whether or not the taxpayer is under audit, notwithstanding the fact that the amount due is included in a proposed assessment or an assessment, bill, notice, or demand for payment issued by the commissioner, and without regard to whether the amount due is subject to a pending administrative or judicial proceeding. An eligible taxpayer may participate in the amnesty program to the extent of the uncontested portion of any assessed liability. However, participation in the program shall be conditioned upon the taxpayer's agree ment that the right to protest or initiate an administrative or judicial proceeding or to claim any refund of moneys paid under the program is barred with respect to the amounts paid with the application or amnesty return. (c) The commissioner may enter into an installment payment agreement in cases of severe hardship in lieu of the complete payment required under subsection (a) of this Code section. In such cases, 25 percent of the amount due shall be paid with the appli cation or amnesty return with the balance to be paid in monthly installments not less than 25 percent of the original amount nor to exceed three months following the expira tion of the amnesty period. Failure of the taxpayer to make timely payments shall void the terms of the amnesty program. All such agreements and payments shall include interest due and accruing during the installment agreement. (d) If, following the termination of the tax amnesty period, the commissioner issues a deficiency assessment based upon information independent of that shown on a return filed pursuant to subsection (a) of this Code section, the commissioner shall have the authority to impose penalties and criminal action may be brought where authorized by law only with respect to the difference between the amount shown on the amnesty tax return and the correct amount of tax due. The imposition of penalties or criminal action shall not invalidate any waiver granted under Code Section 48-16-6. 48-16-6. (a) Amnesty shall be granted for any taxpayer who meets the requirements of Code Section 48-16-5 in accordance with the following:
(1) For taxes which are owed as a result of the nonreporting or underreporting of tax liabilities or the nonpayment of any accounts receivable owed by an eligible tax payer, the state shall waive criminal prosecution and all civil penalties which may be assessed under any provision of this title for the taxable years or periods for which tax amnesty is requested; and

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(2) With the exception of instances in which the taxpayer and commissioner enter into an installment payment agreement authorized under subsection (c) of Code Sec tion 48-16-5, the failure to pay all taxes and interest as shown on the taxpayer's amnesty tax return shall invalidate any amnesty granted pursuant to this chapter. (b) This chapter shall not apply to any taxpayer who is on notice, written or other wise, of a criminal investigation being conducted by an agency of the state or any politi cal subdivision thereof or the United States, nor shall this chapter apply to any taxpayer who is the subject of any criminal litigation which is pending on the date of the taxpayer's application in any court of this state or the United States for nonpayment, delinquency, evasion, or fraud in relation to any federal taxes or to any of the taxes to which this amnesty program is applicable. (c) No refund or credit shall be granted for any interest or penalty paid prior to the time the taxpayer requests amnesty pursuant to Code Section 48-16-5. (d) Unless the commissioner in his own discretion redetermines the amount of taxes and interest due, no refund or credit shall be granted for any taxes or interest paid under the amnesty program. 48-16-7. (a) All installment agreements authorized under subsection (c) of Code Section 48-16-5 shall bear interest on the outstanding amount of tax due during the installment period at the rate prescribed under Code Section 48-2-40. (b) Notwithstanding the provisions of this title, if any overpayment of tax under this chapter is refunded or credited within 180 days after the return is filed, no interest shall be allowed. 48-16-8. The commissioner shall promulgate administrative regulations as necessary, issue forms and instructions, and take all actions necessary to implement the provisions of this chapter. The commissioner shall publicize the tax amnesty program in order to maximize the public awareness of and participation in the program. The commissioner may, for the purpose of publicizing the tax amnesty program, contract with any advertis ing agency within or outside this state. 48-16-9. For purposes of accounting for the revenues received pursuant to this chap ter, the commissioner shall maintain an accounting and reporting of funds collected under the amnesty program. All funds collected shall be remitted to the general fund of the state treasury. 48-16-10. (a) In addition to all other penalties provided under this chapter or any other law, the commissioner may by regulation impose after the expiration of the tax amnesty period a cost of collection fee of 20 percent of any deficiency assessed for any taxable period ending or transactions occurring after December 31, 1990. This fee shall be in addition to all other applicable penalties, fees, or costs. The commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud. (b) In addition to all other penalties provided under this chapter or any other law, the commissioner may pursuant to regulation impose after the expiration of the tax amnesty period a cost of collection fee of 50 percent of any deficiency assessed after the amnesty period for taxable periods ending or transactions occurring on or before Decem ber 31, 1990, regardless of when due. This fee shall be in addition to all other applicable penalties, fees, or costs. The commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negli gence, intentional disregard of administrative rules and regulations, or fraud. (c) The provisions of subsections (a) and (b) of this Code section shall not apply to any account which has been protested pursuant to Code Section 48-2-46 as of the expi ration of the amnesty period and which does not become final, due, and owing, or to any account on which the taxpayer is remitting timely payments under a payment agree ment negotiated with the commissioner prior to or during the amnesty period. (d) The fee levied under subsections (a) and (b) of this Code section shall not apply to taxes paid pursuant to the terms of the amnesty program. 48-16-11. The commissioner may, for the purpose of collecting any delinquent taxes due from a taxpayer, contract with any debt collection agency or attorney doing business

WEDNESDAY, MARCH 18, 1992

2811

within or outside this state for the collection of such delinquent taxes, including penal ties and interest thereon.
48-16-12. (a) As used in this Code section, the term 'return' means and includes any return, declaration, or form prescribed by the commissioner with respect to the taxes covered by the amnesty program.
(b) In addition to all other penalties provided under this chapter and any other law, any person who willfully fails to make a return or willfully makes a false return or con spires to do so, or who willfully fails to pay taxes owing, withheld, or collected, with intent to evade payment of the tax owed or the amount withheld or collected, or any part thereof, or who conspires to do so shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than three years or by a fine of not more than $5,000.00, or both.
(c) Any person who fails to obey a subpoena or order of the commissioner issued pursuant to Code Section 48-2-8 for purposes of enforcing this article shall be guilty of a misdemeanor and, upon conviction thereof, shall for the first offense be fined not less than $25.00 and not more than $100.00 or imprisoned in the county jail for not more than three months, or both. For any subsequent offense such person shall, upon convic tion thereof, be punished by imprisonment for not more than one year or by a fine of not more than $1,000.00, or both."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson N Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston' Y Klein YLadd Y Lane.D Y Lane,R
Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T N Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

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On the passage of the Bill, by substitute, the ayes were 162, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Poston of the 2nd 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 1846.

By Representatives Dobbs of the 74th, Hanner of the 131st, Lane of the lllth and Coleman of the 118th: A bill to amend Code Section 43-51-3 of the Official Code of Georgia Anno tated, relating to the creation of the State Board of Examiners for Certifica tion of Water and Wastewater Treatment Plant Operators and Laboratory Analysts and related matters, so as to provide for an additional member of such board.

The following Committee substitute was read:

A BILL To amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, so as to change certain definitions; to provide for an additional member of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts; to provide for such member's qualifications; to change certain provi sions relating to certification; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, is amended by striking paragraphs (9) and (10) of Code Section 43-51-1, relating to definitions relating to water and wastewater treatment plant operators and laboratory analysts, and inserting in their place new paragraphs (9) and (10) to read as follows: "(9) 'Wastewater collection system' means the system of sanitary sewers, pipes, manholes, pumps, and other such apparatus^ excluding industrial process wastewater col lection systems, used to convey sewage to wastewater treatment plants. (10) 'Wastewater treatment plant' means the facilities provided for the treatment and disposal of wastewater, including excluding industrial process wastewater." Section 2. Said chapter is further amended by striking subsection (a) of Code Sec tion 43-51-3, relating to the creation of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts and related matters, and inserting in its place a new subsection (a) to read as follows: "(a) There is created the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts. The board shall be composed of six seven members to be appointed by the Governor. The appointments shall be made as follows: one member from the technical staff of the Environmental Protection Division of the Department of Natural Resources; one member who is a cur rently employed public water supply system operator holding a valid certificate of the highest classification issued by the board; one member who is a currently employed wastewater treatment plant operator holding a valid certificate of the highest classifica tion issued by the board; one member who is an employee of a municipality or county required to employ a certified operator and who holds the position of municipal or county manager, engineer, director of public works, or director of water supply and water pollution control; and one member who is a consultant in the field of water supply and water pollution control or who is engaged in teaching or administering courses in

WEDNESDAY, MARCH 18, 1992

2813

water supply and water pollution control in an educational institution in this state; and one member from the private sector industrial community. The sixth seventh member shall be appointed from the public at large and shall have no connection whatsoever with the water and wastewater treatment industry. The initial term for the member appointed from the public at large shall expire June 30, 1984; thereafter, the Governor shall appoint successors for a term of four years. The other five six members of the board shall serve four-year terms, which terms shall be staggered so that the terms of two three members shall expire one year and the term of one member shall expire in each of the following three years. No member of the board may serve more than two consecutive full terms."
Section 3. Said chapter is further amended by striking subsection (b) of Code Sec tion 43-51-6, relating to operator certification, and inserting in its place a new subsection (b) to read as follows:
"(b) Any person who operates a wastewater treatment plant, wastewater collection system, water distribution system, or public water supply system shall obtain a certifi cate from the board; provided, however, that any person who is operating a wastewater treatment plant on July 1, 1991, and who is required to obtain a certificate on or after July 1, 1991, but who was not required to have a certificate prior to said date, shall have until July 1, 1996 to obtain such certificate without being in violation of this chapter; provided, further, that no such person who is operating without a certificate a wastewater treatment plant on July 1, 1991, shall be authorized to operate any other wastewater treatment plant after July 1, 1991, without a certificate as required by the board. Such person shall make application to the board for such certificate, which appli cation shall be accompanied by a fee in an amount established by the board."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Dobbs of the 74th and Alford of the 57th move to amend the Com mittee substitute to HB 1846 as follows:
Strike "Section 2" in its entirety and renumber following Sections.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford N Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick

Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L

Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G
Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel

Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J
Heard Y Henson Y Herbert Y Holland

Y Holmes Y Howard N Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee

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YLong Y Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger

Y Moultrie Y Mueller Y Oliver.C Y Oliver.M NOrr N Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster N Pinkston YPoag Y Porter

Y Poston Powell.A
Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selraan Y Sherrill Y Simpson E Sinkfield Y Skipper 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 Streat Y Taylor N Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert

Townsend Y Turnquest Y Twiggs N Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder
Williams.B Williams,J Y Williams,R Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Powell of the 13th 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 1692.

By Representatives Ashe of the 25th, Thomas of the 69th, Pettit of the 19th, Campbell of the 23rd, Oliver of the 53rd and others: A bill to amend Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to provide that an authority established pursuant to this article is empowered to extinguish school district taxes on properties acquired by the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter

Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.B Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden

N Goodwin Green
Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston N Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence

Y Lawson YLee
Long YLord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry

Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y PowelLA Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper 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 Streat

WEDNESDAY, MARCH 18, 1992

2815

Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N

Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L

Y Wall Y Watson Y Watts Y White Y Wilder

Williams.B Williams.J Y Williama.R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 161, nays 2. The Bill, having received the requisite constitutional majority, was passed.

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.

Representative Klein of the 21st stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

HB 2065.

By Representatives Colwell of the 4th, Murphy of the 18th and Dover of the llth: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal Chapter 9, relating to the Georgia Build ing Authority; to provide that the Georgia Building Authority shall be a department of the state.

The following substitute, offered by Representative Colwell of the 4th, was read and adopted:

A BILL To amend Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, so as to provide for a Georgia Department of Buildings; to provide for a commis sioner; to provide for the appointment, duties, and responsibilities of the commissioner; to provide for definitions; to provide for the powers and duties of the department; to amend various Code sections so as to correctly reference the department; 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 50 of the Official Code of Georgia Annotated, relating to state gov ernment, is amended by adding after Article 4 of Chapter 9, relating to the Georgia Build ing Authority, a new Article 5 to read as follows:
"ARTICLE 5 Part 1
50-9-100. This article shall be known and may be cited as the 'Georgia Department of Buildings Act.'
50-9-101. As used in this article, the term: (1) 'Authority' means the Georgia Building Authority. (2) 'Commissioner' means the commissioner of buildings. (3) 'Department' means the Georgia Department of Buildings. (4) 'Project' means a project as defined in paragraph (4) of Code Section 50-9-2.
50-9-102. There is created a Georgia Department of Buildings. The department head shall be the commissioner, who shall be appointed and removed by the Governor, and whose compensation shall be established by the Governor, except as otherwise provided by law. Except as otherwise provided by law, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the depart ment. Upon appointment by the authority, the commissioner may also serve as its secre tary and treasurer and may perform such other functions for the authority as the authority shall determine appropriate.

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50-9-103. The department shall have following powers: (1) To have a seal and alter the same at the pleasure of the commissioner; (2) To acquire by purchase, gift, lease, or otherwise real and personal property of
every kind and character; (3) To allow the use of projects by rental agreement and license, but only when
done in connection with its own express powers or when done in furtherance of the public functions of another unit of government, without necessity of approval of the State Properties Commission but not to sell, lease, or otherwise dispose of real prop erty or interests in real property;
(4) To make other contracts and to execute all other instruments necessary or con venient, including without limitation contracts for construction, improvement, repair, or operation of projects;
(5) To construct, erect, acquire, have custody of, repair, remodel, maintain, add to, extend, replace, improve, equip, operate, provide services in connection with, and manage projects;
(6) To accept and retain grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or the agency or instrumentality may impose not in conflict with the Constitution and laws of this state;
(7) To operate and cause to be operated, or to contract with the Georgia Building Authority for the operation of, railroad excursions between and in the vicinity of stated places of public interest, provided that a right of use has been obtained before private property is used in such purpose; to make contracts with all public and private individuals and entities for the purpose thereof; to purchase, rent, lease, sell, and oth erwise acquire and dispose of personal property and real property for such purposes; to apply for licenses, permissions, regulatory approvals, and the like; and to do all other things necessary and convenient to carry out such power;
(8) Without limiting the power to manage and otherwise deal with projects to: (A) Conduct and carry out food service operations, including catering services, in
connection with any project operated by the department; (B) Provide parking facilities for state government and its instrumentalities; (C) Operate and administer, or contract with the Georgia Building Authority to
administer, a van pool for state employees; (D) Coordinate, establish, and operate recycling and collection programs for
recovered materials of state departments and agencies wishing to participate in such programs;
(E) Operate gift shops, flower shops, greenhouses, and similar facilities, or to contract for such operations, for the convenience of state employees and visitors;
(F) Rent space in its projects to credit unions for state employees upon terms which permit affirmative undertakings as in-kind rent in lieu of monetary rent; (9) In addition to the powers and authority under this article, to assume the duties, powers, and responsibilities for implementation and enforcement of Code Sec tions 50-9-9, 50-16-4, 50-16-5, 50-16-6, 50-16-14, and 50-16-16; (10) In addition to the powers and authority under this article, to assume the duties, powers, and responsibilities for implementation of Article 3 of this chapter, relating to the Executive Center Fine Arts Committee; (11) In addition to the powers and authority under this article, to assume the duties, powers, and responsibilities for the implementation of Article 4 of this chapter, relating to the Agency for Removal of Hazardous Materials; the commissioner shall be head of the program or appoint another qualified individual; and (12) To employ such persons as may be necessary to discharge the duties of the department under this article, to serve at the will of the commissioner and under such terms and conditions as he shall determine. 50-9-104. (a) Positions within the department shall be specifically excluded from the classified service of the State Merit System of Personnel Administration; provided, however, that any employee transferred to the department pursuant to this article who is presently a classified employee of the merit system may remain a classified employee so long as his eligibility to retain said status continues.

WEDNESDAY, MARCH 18, 1992

2817

(b) Retirement rights of any employees transferred to the department by operation of law shall not be impaired or interrupted by the transfer, and such employees shall have upon transfer the same retirement status they had on the effective date of transfer.
50-9-105. The department may charge for its services and for the use of its property and the sale of its goods at rates which are consistent with the state budget established pursuant to the state budget Act. The power to impose charges includes the power to impose charges upon units and instrumentalities of government, including state govern ment. Rental to be paid to the department for the use of administrative space shall be determined as provided in Article 2 of Chapter 5 of this title, the 'State Space Manage ment Act of 1976.' The department may retain the revenues from all such charges, but such revenues shall be incorporated into the annual operating budget of the department and shall be subject to lapse.
Part 2 50-9-120. Except as provided otherwise in this article, on July 1, 1992:
(1) The department shall commence operating the projects of the authority; (2) All property and other assets of the authority shall become the property of the State of Georgia in custody of the department; (3) The department shall be substituted as a party and shall assume the perform ance of all contracts of the authority and shall be entitled to enforce such contracts and to receive all return consideration; and (4) All employees of the authority shall become the employees of the department. 50-9-121. Nothing in this article shall be construed so as to authorize or cause the impairment of contracts. Nothing in this article shall be construed so as to authorize or cause the pledging of the credit of the state. 50-9-122. (a) Without limiting the effective time of transfer of ownership of author ity property to the State of Georgia, the authority as soon as practicable shall execute deeds and other instruments or records to establish title to its property in the State of Georgia. No approval of the Department of Administrative Services, the Office of Plan ning and Budget, or the State Properties Commission shall be necessary. (b) The Governor may cause the authority to retain ownership and the use or income of such properties as may be necessary to permit the authority to honor obligations which may not be legally or conveniently transferred to the State of Georgia, by way of illustration, multiyear contracts, and contracts of indemnity. (c) The Governor may cause the authority to retain such contracts as may be neces sary to prevent the department from incurring obligations which may not be legally or conveniently transferred to the State of Georgia, by way of illustration, multiyear con tracts, contracts of indemnity, contracts requiring the conveyance of property, and con tracts pertaining to the operation of railroad excursions. (d) The authority shall contract with the department for such services as it may need in the performance of retained contracts and the use and care of retained prop erty." Section 2. Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Anno tated, relating to the Geo. L. Smith II Georgia World Congress Center, is amended by striking Code Section 10-9-5, relating to transfer of duties of the Department of Industry, Trade, and Tourism, and inserting the following: "10-9-5. The authority is authorized and directed to contract with the Department of Industry, Trade, and Tourism to exercise on behalf of the department such future responsibility in connection with the acquisition, construction, operation, management, and maintenance of the project as is now or may be vested in the department; and the Department of Industry, Trade, and Tourism is authorized by such contract to delegate to the authority all of its responsibilities and powers with respect to the project and to transfer to the authority any and all contracts, plans, documents, or other papers of said department relating to the project, together with any and all funds heretofore or hereaf ter appropriated to it for the acquisition, construction, operation, management, or main tenance of the project or for all other purposes related to the project, other than

2818

JOURNAL OF THE HOUSE,

appropriations made specifically for debt service purposes, as compensation to the authority under such contract. Under contract with the Department of Industry, Trade, and Tourism, as authorized herein in this Code section, the authority on behalf of the Department of Industry, Trade, and Tourism shall plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, as hereinabove defined, on property owned by or leased by the State of Georgia in the City of Atlanta, Georgia, the cost of any such project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia as the Gen eral Assembly may authorize or from such proceeds and other funds as may be available for such purposes, including any grant from the United States of America or any agency or instrumentality thereof. All actions of the authority and the Department of Industry, Trade, and Tourism, or their predecessors, heretofore taken in connection with such con tractual relationship, are ratified and confirmed and shall not be affected by any provi sion of this chapter. Nothing herein in this Code section shall affect the powers or duties of the Georgia State Financing and Investment Commission or of the State Properties v^ornmission. iNotiiiri^ tR tnis Ooctc section nor snytiling IR sny contFQCt Dctwccn trie

iri^j Authority tor tfic proviston of ft pftFK'iftg tscility of tor ftoy other exercise 'Ot its pow~ efs necessary er convenient te the department."
Section 3. Said article is further amended by striking paragraph (2) of subsection (d) of Code Section 10-9-15, relating to power of authority with regard to ensuring maximum use of project, and inserting the following:
"(2) The authority shall be authorized to establish the Security Guard Division of the Georgia World Congress Center Police and to employ and assign security guards to the division. Security guards so assigned shall not be subject to Chapter 8 of Title 35. Subject to rules and regulations of the authority, security guards shall have the powers of protecting and preserving the properties in projects of or under the management and control of the authority and within such properties or projects and within the bounda ries of any public street or sidewalk adjacent to any such property or projects, or which is otherwise subject to regulation by the authority, have the powers of protecting per sons, enforcing law and order, controlling pedestrian and vehicular traffic, and of the prevention, detection, and investigation of offenses committed thereon and for those purposes shall be authorized to exercise such powers as are authorized by law for secu rity guards employed by the Georgia Building Authority Georgia Department of Build ings i subsection {ft ef Gede Section 60-0-0."
Section 4. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to solid waste handling and disposal, is amended by striking Code Section 12-8-36, relating to state collection program, which reads as follows:
"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 pro gram 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.", and inserting in lieu thereof the following:

WEDNESDAY, MARCH 18, 1992

2819

"12-8-36. (a) The Georgia Building Authority is authorized to establish and coordi nate a state-wide recycling program for state agencies and to establish, engage in, con tract for, or otherwise allow or arrange for a collection program for recovered materials generated as a result of agency operations including, but not limited to, aluminum, highgrade office paper, and corrugated paper and for the mulching or composting of yard trimmings. The Georgia Building Authority is authorized to establish procedures for the collection and storage of such materials from any property or building utilized by the state or any agency thereof and to enter into contractual or other arrangements for the transportation, disposition, or sale of such materials. Proceeds generated from such sale shall be used by the Georgia Building Authority for the purpose of offsetting the costs and expenses of administering and implementing the recycling program.
(b) Nothing in this part shall prohibit any state agency from engaging in, contracting for, or otherwise allowing or arranging for its own recycling program for recovered mate rials generated as a result of its own agency operations."
Section 5. Part 3 of Article 11 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, the "Georgia Education Authority (Schools) Act," is amended by striking Code Section 20-2-559, relating to manner of sale and price of bonds, and inserting the following:
"20-2-559. The authority may sell its bonds in such manner and for such price as it may determine to be for the best interests of the authority. Whenever the authority render advice and te perform, as its agent, ministerial services in connection with the marketing ef such bonds."
Section 6. Article 5 of Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, the "Georgia Education Authority (University) Act," is amended by striking Code Section 20-3-158, relating to manner of sale and price of bonds, and inserting the follow ing:
"20-3-158. The authority may sell its bonds in such manner and for such price as it may determine to be for the best interests of the authority. Whenever the authority snail determine to issue its Donds, rt snali call upon tnc ocorgia cuilding Authority to ncction with the marketing ef such bonds."
Section 7. Article 2 of Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, the "Georgia Building Authority (Hospital) Act," is amended by striking Code Sec tion 31-7-25, relating to marketing advice and services for bonds, and inserting the following:
upon the Georgia Building Authority te fender advice and te perform, as its agent, min isterial services in connection with the marketing el saeh bonds. Reserved."
Section 8. Chapter 3 of Title 42 of the Official Code of Georgia Annotated, the "Georgia Building Authority (Penal) Act," is amended by striking Code Section 42-3-10, relating to sale of bonds, and inserting the following:
"42-3-10. The authority may sell its bonds in such manner and for such price as it may determine to be for the best interests of the authority. Whenever the authority determines te issue its bonds, it shall eatt upon the Georgia Building Authority te render advice and te perform, as its agent, ministerial services i connection with the marketing
~f 4.
Section 9. Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Anno tated, relating to salary deductions, is amended by striking Code Section 45-7-53, relating to deductions for payment of parking fees, and inserting the following:
"45-7-53. (a) Any department, agency, authority, or commission of the state is authorized to deduct designated amounts from the salaries or wages of its employees for the purpose of payment of capitol hill parking and van pool fees. No such deduction shall be made without the approval of the head of the department, agency, authority,

2820

JOURNAL OF THE HOUSE,

or commission and the Georgia Building Authority Georgia Department of Buildings. No such deduction shall be made without the written request of the employee, which request shall designate the exact amount which is to be deducted. Any employee who has consented to a deduction is authorized to withdraw from such plan upon one month's written notice.
(b) The fiscal authorities or other employees of the various departments, agencies, authorities, or commissions will not incur any liability for errors or omissions made in the performance of the agreement between the department, agency, authority, or com mission and the employee."
Section 10. Part 1 of Article 2 of Chapter 10 of Title 45, relating to conflict of inter est in general, is amended by striking paragraph (7) of subsection (a) of Code Section 45-10-25, relating to exceptions to prohibitions on transactions with state agencies, and inserting the following:
"(7) Any transaction involving part-time employment by the Georgia Building Authority Georgia Department of Buildings of custodial and cleaning workers who work for other agencies;"
Section 11. Article 4 of Chapter 18 of Title 45 of the Official Code of Georgia Anno tated, relating to capitol hill day-care center, is amended by striking Code Section 45-18-70, relating to establishment and operation, and inserting the following:
"45-18-70. Notwithstanding any other provisions of law, the commissioner of person nel administration in conjunction with the Georgia Building Authority Georgia Depart ment of Buildings is authorized by contract or otherwise to establish, equip, and operate a day-care center as a capitol hill pilot program for the purpose of serving children who are members of households of employees of state government in and around the state capitol. The commissioner of personnel administration in conjunction with the Georgia Building Authority Georgia Department of Buildings is authorized to establish or pro vide for the establishment of appropriate fees and charges to be chargeable against the state employees who are beneficiaries of services provided by such facility to pay for the cost of their operation and to accept money, equipment, or other property donated for use in connection with the facility."
Section 12. Article 3 of Chapter 9 of Title 49 of the Official Code of Georgia Anno tated, relating to vending facilities on state property, is amended by striking paragraph (2) of Code Section 49-9-40, relating to definitions, and inserting the following:
"(2) 'State property* means any building, land, or other real property owned, in the custody of, leased, or occupied by any department, commission, board, bureau, agency, public corporation, or other instrumentality of the state, including, but not limited to, the Georgia Building Authority Georgia Department of Buildings, and any other real property in which the state has a legal or beneficial interest; provided, however, the term 'state property' shall not include any property, real or personal, owned or leased or oth erwise under the jurisdiction of the Board of Regents of the University System of Geor gia, the Georgia Education Authority (University), or any county or independent school system of this state."
Section 13. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Anno tated, relating to state and other flags, is amended by striking subsection (b) of Code Sec tion 50-3-4.1, relating to authority to display American and state flag, and inserting the following:
"(b) The copies or posters authorized by this Code section shall either be donated or shall be purchased solely with funds made available through voluntary contributions to the local school boards in the case of displays in public schools or to the Georgia Building Authority Georgia Department of Buildings in the case of displays in state buildings and facilities."
Section 14. Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Anno tated, relating to administrative space management, is amended by striking Code Section

WEDNESDAY, MARCH 18, 1992

2821

50-5-32, relating to administrative space utilization management, and inserting the follow ing:
"50-5-32. (a) The department is given the authority and charged with the duty of managing the utilization of administrative space by all state agencies. Such management shall include the authority to assign and reassign administrative space to state agencies based on the needs of the agencies as determined by standards for administrative space utilization promulgated by the commissioner pursuant to Code Section 50-5-33.
(b) The management of the utilization of administrative space by the department shall include entering into any necessary agreements to rent or lease administrative space, whether existing or to be constructed and shall include administrative space rented or leased by a state agency from the Georgia Building Authority Georgia Depart ment of Buildings or from any other public or private person, firm, or corporation. When it becomes necessary to rent or lease administrative space, the space shall be rented or leased by the department and assigned to the state agency or agencies requir ing the space.
(c) If the department reassigns all or any portion of any administrative space which is leased or rented by one state agency to another state agency, the state agency to which the administrative space is reassigned shall pay to the department rental charges, as determined by the department, for the utilization of the space; and the department shall, in turn, use the rental charges so paid for the purpose of paying or partially pay ing, as the case may be, the rent or lease payments due the lessor of the administrative space in accordance with the terms of the lease or rent contract existing at the time of the reassignment of the administrative space. Any such payments to a lessor by the department shall be on behalf of the state agency which is the lessee of the administra tive space reassigned as provided herein in this Code section.
(d) The management of the utilization of administrative space given to the depart ment by this article shall not be construed to impair the obligation of any contract exe cuted before July 1, 1976, between any state agency and the Georgia Building Authority or its successor or between any state agency and any other public or private person, firm, or corporation; and the powers given to the department by this article shall not be implemented or carried out in such a manner as to impair the obligation of any such contract."
Section 15. Code Section 50-9-9 of the Official Code of Georgia Annotated, relating to disruption of state employees, is amended by striking subsections (b) and (f) and insert ing the following:
"(b) Without the express written consent of the director commissioner of the Georgia Building Authority Georgia Department of Buildings, his designee, or his successor in office first having been received and except as otherwise provided by state law, it shall be illegal for any person, firm, group, organization, or other entity to beg, panhandle, solicit, or to sell goods, wares, or any other objects or services within any buildings or on the grounds, sidewalks, or other ways owned by or under the control of the state, its agencies, authorities, commissions, boards, bureaus, or other state entities."
"(f) The authority shall be authorized to employ security guards known as the Gcorgia Building Authority Georgia Department of Buildings Police to keep watch over and protect the properties of the authority and such other properties as may be administered by, or as may be directed by, the authority. The Georgia Building Authority Georgia Department of Buildings Police employed as provided by this Code section shall be employees of and compensated by the authority. The Georgia Building Authority Geor gia Department of Buildings Police employed pursuant to this Code section shall wear such insignia and uniforms and carry such identification as prescribed by the authority and shall be authorized to carry weapons and, while in the performance of their duties, shall have the same powers of arrest, shall have the same powers to enforce law and order, and shall be authorized to exercise such powers and duties as are authorized by law for security guards of the Security Guard Division of the Department of Public Safety."

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Section 16. Article 3 of Chapter 9 of Title 50 of the Official Code of Georgia Anno tated, relating to the Executive Center Fine Arts Committee, is amended by striking Code Section 50-9-60, relating to the creation of the committee, and inserting the following:
"50-9-60. There is created as a division and arm of the Georgia Building Authority Georgia Department of Buildings the Executive Center Fine Arts Committee, to be com posed of nine members appointed by the Governor. No employee of the state nor any member of the General Assembly shall be eligible for appointment as a member of the committee. All members shall be deemed members at large charged with the responsibil ity of serving the best interests of the state as a whole."
Section 17. Said article is further amended by striking Code Section 50-9-66, relating to accountability of funds, and inserting the following:
"50-9-66. (a) The committee shall maintain and account for funds received by it for its purposes separately from the funds of the Georgia Building Authority Georgia Department of Buildings.
(b) To the extent otherwise provided by law, the Georgia Building Authority Georgia Department of Buildings may make its funds available to the committee for the pur poses of the committee and shall be empowered to provide such other assistance to the committee as the committee and the authority deem appropriate.
(c) T-he committee, as a division ad ann ef- the Georgia Building Authority, shall hoid trie stfitus ot the authority tts t puDlic body corporate 0.110 politic tins sn instru* mcntftlity of trie stste; out neither the coHIm111ee nor its niemDers 9ho.il &e ftmenflDie to bilitics under this article. The committee shall otherwise have and enjoy the sovereign immunity of the state."
Section 18. Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, is amended by striking Article 4, relating to the Haz ardous Materials Removal Agency, in its entirety and inserting in lieu thereof the follow ing:
"ARTICLE 4 50-9-80. There is created the Division for Removal of Hazardous Materials, as a divi sion of the Georgia Department of Buildings. 59-9-81. The division shall establish and administer a program for the abatement and removal of asbestos and other hazardous materials from premises of the state, state authorities, counties, municipal corporations, local and independent school systems, and other units and authorities of state and local government. The division may perform its functions through its own staff and resources or through the procurement of services and resources from the private sector. 50-9-82. The employees of the Georgia Department of Buildings may serve as employees of the division. When performing division functions, they shall be deemed to be employees of and under the control of the division, and all activities by them and of the division for any purpose whatsoever shall be deemed to be the activities of the division and the state and not the activities of the Georgia Department of Buildings. The Georgia Department of Buildings further may cooperate with the division by pro viding or transferring to it funds, equipment, and facilities, but in no event shall the activities and undertakings of the division be deemed to be the activities of the Georgia Department of Buildings, directly or indirectly. 50-9-83. All units of state government, state authorities, and units of local govern ment may request and receive the assistance of the division, on such terms of payment and otherwise as the division may determine for the abatement and removal of asbestos and other hazardous materials from their premises." Section 19. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Anno tated, relating to public property in general, is amended by striking Code Section 50-16-4, relating to uses and keeper of capitol buildings, and by striking Code Section 50-16-14,

WEDNESDAY, MARCH 18, 1992

2823

relating to security personnel and their authority to remove persons from state grounds, and inserting the following:
"50-16-4. The use of the capitol building and grounds shall be limited to depart ments of the state government and to state and national political organizations, and the keeper of public buildings and grounds shall not grant the use of either the capitol buildings or grounds for any other purposes, except that the Georgia Building Authority Georgia Department of Buildings as keeper of public buildings and grounds is autho rized to provide space in the capitol building for use as a vending stand, as described by Article 3 of Chapter 9 of Title 49, for the use of state officials and employees and their invited guests."
"50-16-14. The Georgia Building Authority Georgia Department of Buildings and its security personnel and members of the Georgia State Patrol and Georgia Bureau of Investigation are authorized and empowered to deny the entrance of any person into or upon any property or building of the authority department or the state when the person's activities are intended to disrupt or interfere with the normal activities and functions carried on in such property or building or have the potential of violating the security of the personnel therein. The authority department and its security personnel and members of the Georgia State Patrol and Georgia Bureau of Investigation are authorized and empowered to deny entrance into or upon any such property or building of any person displaying any sign, banner, placard, poster, or similar device. The authortty department and its security personnel and members of the Georgia State Patrol and Georgia Bureau of Investigation are authorized and empowered to remove any person from any such property or building when the person's activities interfere with or disrupt the activities and the operations carried on in such property or building or constitute a safety hazard to the property or building or the inhabitants thereof. The authority and power provided in this Code section and Code Section 50-16-15 shall also extend to any property or building utilized by the state or any agency thereof. Any law enforcement officer assisting the authority department or any of its security personnel or members of the Georgia State Patrol and Georgia Bureau of Investigation shall have the same authority and power bestowed upon the authority department by this Code section and Code Section 50-16-15."
Section 20. (a) For the purpose of permitting arrangements to be made for the assumption of the contracts, property, employees, and duties of the authority by the department, upon the approval of this Act by the Governor or upon its becoming law with out such approval:
(1) The Governor may appoint the commissioner; (2) The commissioner shall have no power until the remainder of this bill takes effect, except the power to plan and to identify and recommend to the Governor con tracts and property of the authority which should be retained by the authority; (3) The authority and its employees shall provide assistance and materials for such activities without cost to the state; and (4) The Governor may designate properties and contracts which shall be retained by the authority. His designation shall be by executive order transmitted to the authority and spread upon its minutes. With respect to real property, the Governor may execute and deliver a quitclaim deed acquiescing in the retention of ownership, but such instrument shall be for the purpose of clarifying title. Delivery, late delivery, or nondelivery of such instruments shall not affect the retention of ownership. If prop erty or contracts are not designated which should have been retained by the authority, the Governor may later cause their conveyance or assignment back to the authority, effective upon such later or earlier date as the Governor determines, (b) For all other purposes, this Act shall take effect on July 1, 1992. Section 21. All laws and 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.

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JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins N Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty
Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson N Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Par ham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag N Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T N Smith, W Y Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White N Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Walker of the 115th assumed the Chair.
HB 1979. By Representatives Connell of the 87th, Padgett of the 86th, Williams of the 90th, Cheeks of the 89th, Brown of the 88th and others: A bill to amend Code Section 45-7-9 of the Official Code of Georgia Annotated, relating to compensation for line-of-duty injuries of full-time state employees, so as to authorize a state agency to grant additional benefits to certain state employees injured in the line of duty by the willful act of violence of a client receiving outpatient mental health treatment.
The following Committee substitute was read and adopted:

A BILL
To amend Code Section 45-7-9 of the Official Code of Georgia Annotated, relating to compensation for line-of-duty injuries of full-time state employees, so as to authorize a state agency to grant additional benefits to certain state employees injured in the line of duty by the willful act of violence of a client receiving outpatient mental health treatment; to provide for related matters; to provide an effective date; to provide for automatic repeal; to provide for applicability; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 18, 1992

2825

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-7-9 of the Official Code of Georgia Annotated, relating to compensation for line-of-duty injuries of full-time state employees, is amended by strik ing subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: "(c) (1) Any person injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the employee or officer is physically unable to perform the duties of his employ ment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his department head satisfactory evidence of such disability.
(2) An agency may grant additional working days of benefits, up to 180 days, to any person granted benefits pursuant to paragraph (1) of this subsection if such per son has been a state employee continuously for more than 13 years as of January 1^ 1992, and such person sustains injuries which were caused by a willful act of violence by a client receiving outpatient mental health treatment and such injuries require sur gery and hospitalization in excess of one month." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. This Act shall be repealed in its entirety 30 days after it becomes effective upon its approval by the Governor or upon its becoming law without such approval; pro vided, however, that any benefit granted prior to the repeal of this Act shall continue to exist beyond the date of such repeal. Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell N Carter

Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M
Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden

Y Goodwin Green
Y Greene Y Griffin N Groover
Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence

Y Lawson YLee
Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry

Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat

2826

JOURNAL OF THE HOUSE,

Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N

Y Thurmond Y Titus Y Tolbert
Townsend Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L

Y Wall Y Watson Y Watts Y White Y Wilder

Y Williams.B Williams,J
Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker Pro Tem assumed the Chair.

HB 1817.

By Representatives Redding of the 50th, Alford of the 57th, Teper of the 46th, Oliver of the 53rd and Thomas of the 55th: A bill to amend Code Section 31-3-4 of the Official Code of Georgia Anno tated, relating to the powers of county boards of health, so as to authorize county boards of health in each county in this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census to develop and implement programs for the preven tion of injuries and incorporate injury prevention measures in rules and regu lations.

The following amendment was read and adopted:

Representative Baker of the 51st moves to amend HB 1817 as follows: By adding after "promulgate" on line 27 page 1 the following: "which shall be effective when adopted by an ordinance of the county governing authority." By adding on line 10 page 1 after "promulgate;" the following: "to provide for the effectiveness of such rules and regulations;".

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove

Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell

Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt
Godbee Y Golden Y Goodwin

Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y HarrisJ Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones

Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee
Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C

WEDNESDAY, MARCH 18, 1992

2827

Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Par ham

Y Parrish Patten
Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall

YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith, W Y Smyre

YSnow Y Stancil.F Y Stancil,S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R 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.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1087.

By Representatives Henson of the 57th, Murphy of the 18th, Kilgore of the 42nd, Valenti of the 52nd, Oliver of the 53rd and others: A resolution encouraging the Georgia High School Athletic Association and the Independent School Athletic Association to offer women's fast-pitch softball programs in the school systems of Georgia.

By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:

HB 1740. By Representatives Felton of the 22nd, Campbell of the 23rd and Townsend of the 24th: A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to reapportion education districts for the election of members of the board of education.

The following amendment was read and adopted:

The State Planning & Community Affairs Committee moves to amend HB 1740 by striking line 9 of page 3 and inserting in lieu thereof the following:
"FULTON COUNTY VTD: 0090 007B (Part) Tract: 0100. Block(s): 109B"

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.

2828

JOURNAL OF THE HOUSE,

HB 1880. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-492 of the Official Code of Georgia Anno tated, relating to issuance of mobile home location permits, so as to change the provisions relating to population brackets and the census relative to the time for obtaining a permit in certain counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1883.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-301 of the Official Code of Georgia Anno tated, relating to time for presentation of returns by a tax receiver or tax commissioner, so as to change the provisions relating to population brackets and the census relative to presentation of tax returns in certain counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1884.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 15-11-3 of the Official Code of Georgia Anno tated, relating to creation of juvenile courts and their judges, so as to remove the population provision prohibiting such judges' practice of law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolutions of the House were taken up for consideration and read the third time:

HR 677. By Representative Ray of the 98th: A resolution compensating Ms. Tara Joyner Davidson.

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:

WEDNESDAY, MARCH 18, 1992

2829

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks
Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Long Y Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Smith.L
Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Watson Watts Y White Y Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 651. By Representatives Kingston of the 125th and Pelote of the 127th: A resolution compensating Savannah Concrete, Inc., Will D. Herrin, Presi dent.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 651 by striking from line 20 of page 1 the following:
"the sum of $1,404.92", and inserting in lieu thereof the following:
"a sum not to exceed $1,000.00".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins

Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux

Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush

YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell

2830

JOURNAL OF THE HOUSE,

Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt

Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris.J Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D

Y Lane,R Langford
Y Lawrence Y Lawson YLee
Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett
Parham

Y Parrish Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Presley Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper
Smith,L Y Smith.P Y Smith.T Y Smith, W Y Smyre

YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Watson Watts Y White Y Wilder Y Williams,B Williams,J Y Williams.R Y Yeargin Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 155, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 1027. By Representatives Murphy of the 18th, Connell of the 87th, Coleman of the 118th, Groover of the 99th, Walker of the 115th and others

A RESOLUTION Proposing an amendment to the Constitution so as to create the State Revenue Esti mate Board and authorize the board to establish and amend an estimate of the funds available for appropriation by the General Assembly; 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 II of the Constitution is amended by adding at the end thereof a new subparagraph (d) to read as follows: "(d) There is created the State Revenue Estimate Board to be composed of the Gov ernor or a person designated by the Governor, a member of the Senate appointed by the President of the Senate, and a member of the House of Representatives appointed by the Speaker of the House of Representatives. The members of the board shall select a chairman and the board shall meet upon the call of the chairman. It shall be the duty of the board to establish, and from time to time to amend, by unanimous accord an esti mate of the funds available for appropriation by the General Assembly. Once established by the board, such revenue estimate shall be provided to the Governor for inclusion in the budget message and budget report provided for in Article III, Section IX, Paragraph II(a). Each member of the board is authorized to consult with public officials, officers, and employees, economists, financial analysts, and others having a knowledge of revenue forecasting or information relevant thereto. The Governor, the Senate, and the House of Representatives are authorized to employ such personnel, from funds appropriated for such purpose, as each deems necessary to assist the members of the board to carry out the duties of such board. All elected or appointed officials and all employees of the state

WEDNESDAY, MARCH 18, 1992

2831

and every department, board, bureau, commission, and authority of the state shall, upon request, assist the members of the board in the performance of their duties."
Section 2. Article III, Section IX, Paragraph IV of the Constitution is amended by striking subparagraph (b) in its entirety and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the state treasury at the beginning of the fiscal year together with an amount not greater than the total treasury receipts from existing reve nue sources anticipated to be collected in the fiscal year, less refunds, as estimated the budget repert ad amendments thereto in the manner provided in Article III, Sec tion IX, Paragraph II(d). Supplementary appropriations, if any, shall be made in the manner provided in Paragraph V of this section of the Constitution; but in no event shall a supplementary appropriations Act continue in force and effect beyond the expira tion of the general appropriations Act in effect when such supplementary appropriations Act was adopted and approved."
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 Shall the Constitution be amended so as to create the State Revenue Estimate Board and authorize the board to establish and amend an esti-
( ) NO mate of the funds available for appropriation by the General Assembly?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following amendment was read and adopted:

Representative Coleman of the 118th moves to amend HR 1027 as follows: On page 3 line 2 after the word approved the words "The provisions of this amend ment shall be effective beginning with Fiscal Year 1995."
Also Line 20 p. 3.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken Y Alford N Ashe N Atkins N Baker Y Balkcom N Barfoot Y Bargeron Y Barnett.B N Barnett.M

N Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove N Brooks N Brown N Brush

Y Buck Y Buckner Y Byrd N Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless N Cheeks Y Childers

N Clark.E Y Clark.L N Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.G N Davis.M

Y Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn Y Edwards N Elliott N Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt

2832

JOURNAL OF THE HOUSE,

Y Godbee Y Golden N Goodwin
Green Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson N Jamieson Y Jenkins N Jones

Y Kilgore YKing Y Kingston Y Klein NLadd Y LaneJD N Lane.R
Langford N Lawrence N Lawson YLee
Long YLord Y Lucas NMann N Martin Y McBee YMcCoy Y McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody N Morsberger N Moultrie N Mueller Y Oliver.C Y Oliver.M NOrr N Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry
Pettit N Pinholster Y Pinkston NPoag N Porter Y Poston Y Powell.A N Powell.C

N Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield Y Skipper N Smith,L Y Smith.P Y Smith.T N Smith.W Y Smyre Y Snow Y Stancil.F N Stancil,S
Stanley Y Streat Y Taylor

N Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond N Titus N Tolbert Townsend N Turnquest Y Twiggs Y Valenti N Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts N White N Wilder N Williams.B Williams,J Y Williams.R Y Yeargin Y Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 109, nays 52.
The Resolution, as amended, having failed to receive the requisite two-thirds constitu tional majority, was lost.

Representative Coleman of the 118th moved that the House reconsider its action in failing to give the requisite two-thirds constitutional majority to HR 1027.
On the motion, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken Y Alford N Ashe Y Atkins N Baker Y Balkcom N Barfoot Y Bargeron Y Barnett,B N Barnett,M N Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Breedlove N Brooks N Brown N Brush YBuck Y Buckner YByrd N Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless N Cheeks Y Childers

N Clark.E Y Clark,L N Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M N Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn Y Edwards N Elliott N Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden N Goodwin
Green Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J

N Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson N Jamieson Y Jenkins N Jones Y Kilgore YKing Y Kingston Y Klein NLadd Y Lane.D N Lane.R
Langford N Lawrence Y Lawson YLee
Long YLord Y Lucas N Mann N Martin Y McBee Y McCoy Y McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam

On the motion, the ayes were 111, nays 50.

N Mills Y Mobley Y Moody N Morsberger N Moultrie N Mueller Y Oliver.C Y Oliver.M NOrr N Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry
Pettit N Pinholster Y Pinkston NPoag N Porter Y Poston N Powell.A N Powell.C N Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper N Smith.L Y Smith.P Y Smith.T N Smith.W Y Smyre YSnow Y Stancil.F N Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond N Titus N Tolbert Townsend N Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts N White N Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

WEDNESDAY, MARCH 18, 1992

2833

The motion prevailed.

Representative Greene of the 130th 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 1929.

By Representative Childers of the 15th: A bill to amend Code Section 16-12-160 of the Official Code of Georgia Annotated, prohibiting buying or selling a human body or parts thereof, so as to change certain exceptions to the prohibition; to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, the "Geor gia Anatomical Gift Act," so as to change the provisions relating to defini tions.

The following Committee substitute was read and adopted:

A BILL To amend Code Section 16-12-160 of the Official Code of Georgia Annotated, prohib iting buying or selling a human body or parts thereof, so as to change certain exceptions to the prohibition; 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 change the provisions relating to definitions; to change the provisions regarding persons who may make anatomi cal gifts and certain procedures regarding requests relating thereto; to change the provision regarding rights of donees; to change the entities who shall be consulted regarding certain regulatory changes; to change the provisions relating to certain preferences to residents of this state; to authorize persons other than physicians or surgeons to perform certain proce dures relating to anatomical gifts; to change how certain gifts may be made; to provide for certain limitations upon anatomical gifts by coroners and medical examiners; to change the composition of the Advisory Board on Anatomical Gift Procurement; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-12-160 of the Official Code of Georgia Annotated, prohib iting buying or selling a human body or parts thereof, is amended by striking subsection (b) thereof and inserting in its place a new subsection to read as follows: "(b) The prohibition contained in subsection (a) of this Code section shall not apply to:
(1) The purchase or sale of whole blood, blood plasma, blood products, blood derivatives, other self-replicating body fluids, or hair;
(2) A gift or donation of a human body or any part of a human body or any proce dure connected therewith as provided in Article 6 of Chapter 5 of Title 44 or to the payment of a processing fee in connection with such gift or donation if such fee is paid to a bank or storage facility, as those terms are defined in Code Section 44-5-142;
(3) The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of the person's body;
(4) The payment of financial assistance under a plan of insurance or other health care coverage;
(5) The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or
(6) The payment of reasonable costs associated with the removal, storage, or trans portation of a human body or any part of a human body given or donated for medical or scientific purposes."

2834

JOURNAL OF THE HOUSE,

Section 2. Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by striking Article 6 thereof, the "Georgia Anatomical Gift Act," and inserting in its place a new article to read as follows:
"ARTICLE 6 ANATOMICAL GIFTS 44-5-140. This article may be cited as the 'Georgia Anatomical Gift Act.' 44-5-141. This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. 44-5-142. As used in this article, the term: (1) 'Anatomical gift' means a donation of all or part of a human body to take effect upon or after death. (i) (2) 'Bank or storage facility' means a tissue bank or eye bank licensed or approved by the State of Georgia and also means an organ procurement agency orga nization or other facilities for the storage of human bodies or parts thereof in this state. {2} (3) 'Decedent' means a deceased individual and includes a stillborn infant or fetus. (4) 'Document of gift' means a donor card, a statement attached to or imprinted on a motor vehicle operator's or chauffeur's license, a will, or other writing used to make an anatomical gift {3} (5) 'Donor' means an individual who makes a gift of all or part of his body. (6) 'Enucleator' means an individual who is authorized to remove eyes. {4} (7) 'Hospital' means a hospital licensed, accredited, or approved under the laws of any state, although not required to be licensed under state laws, and includes hospitals operated by the United States government or by the state or a subdivision thereof. (8) 'Organ' means any heart, lung, pancreas, kidney, or liver. (4.6) (9) 'Organ procurement agency organization' means an organization located in the State of Georgia that is designated by the Health Care Financing Administra tion of the federal Department of Health and Human Services under the end stage renal disease facility regulations to perform or coordinate the performance of all of the following services: (A) Procurement of donated kidneys; (B) Preservation of donated kidneys; (C) Transportation of donated kidneys; and (D) Maintenance of a system to locate prospective recipients of procured organs. An organ procurement agency organization may also perform these services for extrarenal vital organs and includes any organization certified by the federal Depart ment of Health and Human Services as an organ procurement agency organization. {&} (10) 'Part' means organs, tissues, eyes, bones, arteries, blood and other fluids, and any other portions of a human body. The term 'part' also means a heart pacemaker. {6} (11) 'Person' means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. f?) (12) 'Physician' or 'surgeon' means a physician or surgeon licensed or autho rized to practice under the laws of any state. {8} (13) 'State' means any state, district, commonwealth, territory, insular posses sion, and any other area subject to the legislative authority of the United States of America. (14) 'Technician' means an individual authorized by a bank or storage facility to remove or process an anatomical gift, excluding the removal of organs for transplanta tion. 44-5-143. (a) Any individual who is 18 years of age or older and of sound mind may give all or any part of his body for any purpose specified in Code Section 44-5-144, the gift to take effect upon death.

WEDNESDAY, MARCH 18, 1992

2835

(b) On or before the occurrence of death in a hospital, when persons in prior classes are not available and in the absence of actual notice of contrary indications by the dece dent or actual notice of opposition by a member of the same or a prior class, the person in charge ef the hospital administrator or his designated representative shall notify the applicable type of bank or storage facility which shall, if appropriate, request that any of the following persons, in order of priority stated, give all or any part of the decedent's body for any purpose specified in Code Section 44-5-144:
(1) Any person having the power to permit an anatomical gift of all or part of the body of the decedent if such power is granted pursuant to a health care agency cre ated under Chapter 36 of Title 31, the 'Durable Power of Attorney for Health Care Act.'
(2) The spouse; An adult son or daughter; Either parent; An adult brother or sister;
A grandparent; (7) A guardian of the person of the decedent at the time of his death other than a guardian ad litem appointed for such purpose; or { } (8) Any other person authorized or under obligation to dispose of the body. (c) (1) The pcraon in charge ef the hospital administrator or his designated repre sentative shall record in a book kept for this purpose a statement to the effect that the applicable type of bank or storage facility has been notified and whether, if appro priate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the con sent, and his or her relationship to the decedent. (2) A request under subsection (b) of this Code section is appropriate only when consent would yield a donation suitable for use pursuant to medical and other criteria as defined by regulations of the Board of Human Resources. (d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this Code section may make the gift after or immediately before death. Upon admission of a person to any hospital, at his request, the hospital shall record in a book kept for the purpose the expression of intent of such person with regard to the disposition of his body and such expression shall be deemed to be sufficient notice under this Code sec tion not to be contravened by opposition from persons listed in subsection (b) of this Code section. (e) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended. (f) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection subsections (d) and (e) of Code Section 44-5-148. (g) The Board of Human Resources shall establish regulations concerning the train ing of any person or persons who may be designated to perform the request and the pro cedures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients. (h) The Board of Human Resources shall establish such additional rules and regula tions as are necessary for the implementation of this Code section. (i) In promulgating or amending all rules and regulations required for the proper implementation and administration of this Code section, the Board of Human Resources shall consult with and receive input from any and all affected associations, agencies, or entities including but not limited to the Medical Association of Georgia, the Atlanta txcgion&i Or^jftn c rocurcmcnt Agency IjitsiinK, tnc At-iftntfl rtcgionftl A issue tsflnit^ trie Medical College of Georgia Regional Organ Procurement Program Organ and Tissue Donor Services, the Georgia Lions Eye Bank, Inc., and the Georgia Hospital Association. [j) In the absence of a specification by a decedent or a person authorized to give all or part of the decedent's body, any eye bank or storage facility that becomes the donee

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of any part of the decedent's body shall give preference to potential recipients of that donation of such body part, other than an organ of the decedent, who are residents of this state if:
(1) The donation is medically acceptable to the potential recipients who are resi dents of this state;
(2) Potential recipients who are residents of other states are not in greater need of the donation than potential recipients who are residents of this state; and
(3) The requisite medical procedure required for the potential recipient to receive the donation will be performed in this state. 44-5-143.1. (a) The parents, legal guardian, or other person authorized under sub section (b) of this Code section may, unless otherwise directed by a will, give all or any part of the body of a person who is under 18 years of age for any purpose specified in Code Section 44-5-144, the gift to take effect upon death. (b) On or before the occurrence of death in a hospital, when persons in prior classes are not available and in the absence of actual notice of contrary indications by the dece dent or actual notice of opposition by a member of the same or a prior class, the person in charge ef- the hospital administrator or his designated representative shall notify the applicable type of bank or storage facility which shall, if appropriate, request that any of the following persons, in order of priority stated, give all or any part of the decedent's body for any purpose specified in Code Section 44-5-144:
(1) Both parents; (2) If both parents are not readily available and no contrary indications of the absent parent are known, one parent; (3) If the parents are divorced or legally separated, the custodial parent; (4) In the absence of the custodial parent, when no contrary indications of the absent parent are known, the noncustodial parent; (5) If there are no parents, th legal guardian; ef any grandparent; (6) If there are no parents readily available or any grandparents, the legal guard ian; or {6} (7) Any other person authorized or obligated to dispose of the body. (c) (1) The pel-sen in charge ef th hospital administrator or his designated repre sentative shall record in a book kept for this purpose a statement to the effect that the applicable type of bank or storage facility has been notified and whether, if appro priate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the con sent, and his or her relationship to the decedent. (2) A request under subsection (b) of this Code section is appropriate only when consent would yield a donation suitable for use pursuant to medical and other criteria as defined by regulations of the Board of Human Resources. (d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this Code section may make the gift after or immediately before death. Upon admission of a person to any hospital, at his request, the hospital shall record, in a book kept for the purpose, the expression of intent of such person with regard to the disposition of his body and such expression shall be deemed to be sufficient notice under this Code section not to be contravened by opposition from persons listed in subsection (b) of this Code section. (e) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended. (f) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection subsections (d) and (e) of Code Section 44-5-148. (g) The Board of Human Resources shall establish regulations concerning the train ing of any person or persons who may be designated to perform the request and the pro cedures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients.

WEDNESDAY, MARCH 18, 1992

2837

(h) The Board of Human Resources shall establish such additional rules and regula tions as are necessary for the implementation of this Code section.
(i) In promulgating or amending all rules and regulations required for the proper implementation and administration of this Code section, the Board of Human Resources shall consult with and receive input from any and all affected associations, agencies, or entities including but not limited to the Medical Association of Georgia, the Atlanta rtcgionai Organ i rocurcmcnt /vgcncy IjiielinK, tnc Atlanta xvcgional 1 issue canK, trie Medical College of Georgia Regional Organ Procurement Program Organ and Tissue Donor Services, the Georgia Lions Eye Bank, Inc., and the Georgia Hospital Association.
(j) In the absence of a specification by a decedent or a person authorized to give all or part of the decedent's body, any eye bank or storage facility that becomes the donee of any body part of the decedent shall give preference to potential recipients of that donation of such body part, other than an organ of the decedent, who are residents of this state if:
(1) The donation is medically acceptable to the potential recipients who are resi dents of this state;
(2) Potential recipients who are residents of other states are not in greater need of the donation than potential recipients who are residents of this state; and
(3) The requisite medical procedure required for the potential recipient to receive the donation will be performed in this state. 44-5-144. The following persons may become donees of gifts of bodies or parts thereof for the purposes stated:
(1) Any hospital, surgeon, or physician, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation;
(2) Any accredited medical or dental school, college, or university, for education, research, advancement of medical or dental science, or therapy;
(3) Any bank or storage facility, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or
(4) Any specified individual, for therapy or transplantation needed by him. 44-5-145. (a) A gift of all or part of the body under subsection (a) of Code Section 44-5-143 may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective. (b) A gift of all or part of the body under subsection (a) of Code Section 44-5-143 may also be made by a document of gift other than a will^ and for purposes of this sub section 'document of gift' means a document other than a will. Unless the gift is deemed medically unsuitable, the gift becomes effective and irrevocable upon the death of the donor and does not require the consent or concurrence of any other person after the donor's death. The document of gift, which may be a card designed to be carried on the person, must be signed by the donor. If the donor cannot sign, the document of gift may be signed for him at his direction and in his presence and in the presence of two wit nesses who must sign the document in his presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid. (c) The gift may be made to a specified donee or an unspecified donee. If no donee is specified, the gift may be accepted by the attending physician as donee upon or fol lowing death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician, upon or following death, may accept the gift as donee in the absence of any expressed indication that the donor desired otherwise. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part. (d) Notwithstanding subsection (b) of Code Section 44-5-148, the donor may desig nate in his will, card, er other a document of gift may designate the surgeon or physician who shall carry out the appropriate procedures. In the absence of a designation or if the designee is not available, the donee or other person authorized to accept the gift may employ or authorize any surgeon or physician for the purpose. A physician or surgeon so designated, employed, or authorized to carry out such procedures may authorize any other person to perform such procedures if such person is^

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JOURNAL OF THE HOUSE,

(1) So trained in those procedures; (2) So authorized by the appropriate bank or storage facility to perform those pro cedures; and (3) Any of the following:
(A) A physician's assistant; (B) A registered professional nurse; (C) A licensed practical nurse; (D) A technician; or (E) When the procedure involves only the human eye, an enucleator. (e) Any gift by a person designated in subsection (b) of Code Section 44-5-143 or subsection (b) of Code Section 44-5-143.1 shall be made by a document signed by him or made by his telegraphic, recorded telephonic, or other recorded message. 44-5-146. If the gift is made by the donor to a specified donee, the wtH^ card, other document, document of gift or an executed copy thereof may be delivered to the donee to expedite the appropriate procedures immediately after death. Delivery is not neces sary to the validity of the gift. The wiUr card, other document, document of gift or an executed copy thereof may be deposited in any hospital, bank or storage facility, or reg istry office that accepts it for safekeeping or for facilitation of procedures after death. Upon the request of any interested party upon or after the donor's death, the person in possession shall produce the document for examination. 44-5-147. (a) If the wiH; card, other document, document of gift or an executed copy thereof has been delivered to a specified donee, the donor may amend or revoke the gift by: (1) The execution and delivery to the donee of a signed statement; (2) An oral statement made in the presence of two persons and communicated to the donee; (3) A statement during a terminal illness or injury, which statement is addressed to an attending physician and communicated to the donee; or (4) A signed card or document found on his person or in his effects. (b) Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out in subsection (a) of this Code section or by the destruction, cancellation, or mutilation of the document and all executed copies thereof. (c) Any gift made by a will may also be amended or revoked in the manner provided for the amendment or revocation of wills or as provided in subsection (a) of this Code section. 44-5-148. (a) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he may, subject to the terms of the gift, authorize embalming and using the body in funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed with out unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin, or other persons under obligation to dis pose of the body. (b) The time of death shall be determined by a physician who attends the donor at his death or, if there is no attending physician, by the physician who certifies the death. The physician shall not participate in the procedures for removing or transplanting a part. (c) A person who acts in good faith in accordance with the terms of this article is not liable for damages in any civil action or subject to prosecution in any criminal pro ceeding for his act. (d) This article is subject to the laws of this state prescribing powers and duties with respect to autopsies. (e) Nothing in this article shall restrict the power of a coroner or medical examiner to limit an anatomical gift of all or part of a person's body when a medical examiner's inquiry is required of that person's death pursuant to Code Section 45-16-24. 44-5-149. (a) There is created an advisory board to be known as the Advisory Board on Anatomical Gift Procurement. The board shall be composed of the following appointed persons:

WEDNESDAY, MARCH 18, 1992

2839

(1) The Governor shall appoint: (A) One representative of an eye bank; (B) One representative of a tissue bank; (C) One representative of a bone bank; (D) One representative of an organ procurement agency organization; (E) One representative of hospitals in this state; (F) One representative of the medical profession in this state; (G) One representative of the Department of Human Resources; (H) One representative of the Department of Medical Assistance; and (I) One representative of the Health Planning Agency; and (J) One medical examiner;
(2) The members specified in subparagraph (A) through (J) of this paragraph shall appoint one consumer member who has no professional connection with any entity specified in subparagraph (A) through (J) of this paragraph;
{2} (3) The Speaker of the House of Representatives shall appoint three members of the House of Representatives; and
{3} (4) The President of the Senate shall appoint three members of the Senate. (b) Each person shall be appointed for a term of two years. Legislative members shall be appointed for a term concurrent with a term of office. (c) The advisory board shall select a chairman and such other officers as it deems necessary and is empowered to make such rules for governing of the affairs of the board as it deems appropriate. The board shall meet on the call of the chairman. (d) The members of the board shall receive no compensation. Members appointed under paragraphs (2) and (3) of subsection (a) of this Code section shall receive the allowances authorized for legislative members of interim legislative committees for each day of attendance upon the business of the board. 44-5-150. The Advisory Board on Anatomical Gift Procurement shall:
(1) Consult with, advise, and lend expertise to the Department of Human Resources in the implementation and administration of rules and regulations regarding this article;
(2) Identify areas of need in supply and demand for human organs and tissues in this state and encourage the cooperation of banks and storage facilities under this article in meeting such needs;
(3) Encourage and recommend the implementation of a formal policy in this state to foster a state-wide network maintained by banks and storage facilities regarding coverage of hospitals and other facilities to assure that anatomical gifts are requested and procured;
(4) Negotiate and recommend for adoption by the department agreements with other states and with banks and storage facilities of other states, whether through protocols, compacts, or other agreements, and cooperation and reciprocity provisions in the interstate procurement of anatomical gifts;
(5) Recommend solutions and actions relative to participation in a national net work of anatomical gift sharing;
(6) Encourage improved public education and awareness regarding anatomical gifts; and
(7) Report biennially to the Governor, the Health and Ecology Committee of the House of Representatives, and the Human Resources Committee of the Senate regard ing the progress and actions of the advisory board. 44-5-151. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1. (b) Each health care facility, health care provider, blood bank, tissue bank, sperm bank, or other similar legal entity which procures, processes, distributes, or uses any human body part determined by the Department of Human Resources to have a reason able probability of transmitting HIV shall subject or have subjected such part, or the donor of such part, to an HIV test prior to making that body part available for use in the body of another human being. Any such body part thus determined to be infected with HIV and any body part the donor of which has thus been determined to be

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JOURNAL OF THE HOUSE,

infected with HIV shall not be used in the body of another human being but shall be safely and promptly disposed of or made available for medical research, as provided in the regulations of the Department of Human Resources.
(c) When any body part or the donor thereof has been determined to be infected with HIV pursuant to subsection (b) of this Code section, the person or legal entity which ordered the HIV test of the body part or donor thereof shall:
(1) If the donor is alive and the records of that person or legal entity reflect where the donor can be located, provide personal and confidential notification of such deter mination to the donor; or
(2) If the donor is deceased, provide confidential notification of such determination to any known physician of the donor, which physician shall have the sole discretion whether the person who executed the gift of the body part or any person at risk of being infected with HIV by the donor should be notified by that physician of such determination. (d) In a medical emergency constituting a serious threat to the life of a potential recipient of blood, if blood that has been subjected to the HIV test required under sub section (b) of this Code section is not available, the testing otherwise required under subsection (b) shall not be required regarding such blood. (e) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor." Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M
Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson E Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker ,L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 0.

WEDNESDAY, MARCH 18, 1992

2841

The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following communication was received:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons who have registered in the Docket of Legislative Appearance as of March 13, 1992, in accordance with Georgia Law 1970, pp. 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 13th day of March, in the year of our Lord One Thousand Nine Hundred and Ninety-Two and of the Independence of the United States of America the Two Hundred and Sixteenth.

(SEAL)

/s/ Max Cleland Secretary of State

Lovick P. Anthony, Jr. (1588) P. 0. Box 427 Butler, GA 31006 Byrd & Anthony Southern States Environmental
Services, Inc.

Ruth A. Carr (1590) 2527 Terrace Trail Decatur, GA 30035 Chateau Elan

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, March 19, 1992

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The call of the roll was dispensed with.
Prayer was offered by the Reverend Emory Brackman, Pastor, Gumming United Methodist Church, Gumming, Georgia.
The members pledged allegiance to the flag.
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 intro duced, read the first time and referred to the committees:
HB 2144. By Representative Ray of the 98th: A bill to amend Code Section 15-12-83 of the Official Code of Georgia Anno tated, relating to the attendance of a stenographer at grand jury proceedings, so as to change a certain census date and population figures.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 2145. By Representative Hudson of the 117th: A bill to amend an Act approved February 24, 1955, so as to provide for the salaries of the mayor and members of the city council.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 19, 1992

2843

HB 2146. By Representatives Walker of the 113th, Jenkins of the 80th, Watson of the 114th and Ray of the 98th: A bill to amend Code Section 21-2-414 of the Official Code of Georgia Anno tated, relating to restrictions on campaign activities and public opinion poll ing within the vicinity of a polling place, so as to prohibit such activity within 100 feet of a polling place.
Referred to the Committee on Governmental Affairs.

HR 1085. By Representatives Blitch of the 150th, Carter of the 146th, Watts of the 41st, Murphy of the 18th, Lee of the 72nd and others: A resolution urging Congress to amend the Voting Rights Act of 1965 to apply its provisions to every state.
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 2104 HB 2105 HB 2106 HB 2107 HB 2108 HB 2115 HB 2116 HB 2117 HB 2118 HB 2119 HB 2120

SB 569 SB 630 SB 638 SB 694 SB 729 SB 731 SB 745 SB 746 CD -7CQ 5 |jj SB 779

HB 2124 HB 2125

HB 2126

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HD 2129

HB 2130
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HB 21o2

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HHnrRBs 29z11io3^Po4i
HB 2136 2137
HB 2138 HB 2139 HHBB 22114410 HB 2142 HB 2143 HR 1063 HR 1074 HR 1075 SB 510

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SB 807

bli 808

SB 809

SB 811

SB 815

SB 817

SB 827

2844

JOURNAL OF THE HOUSE,

SB 828 SB 829 SB 831 SB 832 SB 838 SB 839

SR 373 SR 383 SR 439 SR 485 SR 505 SR 511

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker: Your Committee on Health & Ecology has had under consideration the following Bills
of the Senate and has instructed me to report the same back to the House with the follow ing recommendations:
SB 594 Do Pass SB 731 Do Pass SB 790 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker: Your Committee on Natural Resources and Environment has had under consideration
the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 725 Do Pass, by Substitute Respectfully submitted,
/s/ Patten of the 149th Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1615 Do Pass, by Substitute HB 1619 Do Pass, by Substitute HB 2021 Do Pass, by Substitute HB 2023 Do Pass, by Substitute HB 2079 Do Pass

SB 450 Do Pass SB 627 Do Pass SB 667 Do Pass, as Amended SB 668 Do Pass, as Amended

Respectfully submitted, /s/ Lane of the 27th
Chairman

The following report of the Committee on Rules was read and adopted:

THURSDAY, MARCH 19, 1992

2845

HOUSE RULES CALENDAR THURSDAY, MARCH 19, 1992 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 34th Legislative Day as enu merated below: HR 780 Univ Sys Lab, Eq, Rehab Tech, & Em Sch Endow Study Comm; create HR 813 Federally mandated actions; urge Ga delegation take certain action HR 949 Ware, Honorable James Crawford; portrait; invite Mrs. Ware HR 998 Private property rights; certain legislation; urge Congress enact SB 10 Municipal water companies; unpaid charges SB 92 Teachers Retirement System; retire with 25 years or age 60 SB 149 Superior Ct Judges Retirement System; creditable service SB 159 Dentistry; practicing without license; increase penalty SB 292 Preferred provider arrangements; provisions SB 341 Peace Officers' Annuity & Benefit Fund; cert officers; membership SB 388 Offenses bailable only before sup ct; cert instances; provide SB 445 Emp Ret Sys; creditable serv; Judicial Council of Ga SB 475 Lottery; certain materials and equipment; authorization SB 493 Public Safety Department; use of equipment; adopt rules governing SB 524 DUI; additional assessment; Crime Victims Emergency Fund SR 180 "South Georgia Parkway"; designate Corridor Z SR 375 State property; certain Acts conveying; repeal SR 408 Glynn County; convey property SR 410 James L. Clarkson Memorial Highway; designate Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1615.

By Representative Skipper of the 116th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to provide new commissioner districts.

The following Committee substitute was read and adopted:

A BILL To amend an Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green, approved December 13, 1871 (Ga. L. 1871, p. 665), as amended, particularly by an Act approved February 28, 1876 (Ga. L. 1876, p. 290); an Act approved October 5, 1885 (Ga. L. 1885, p. 4321); an Act approved August 6, 1904 (Ga. L. 1904, p. 286); an Act approved August 11, 1908 (Ga. L. 1908, p. 348); and an Act approved March 24, 1933 (Ga. L. 1933, p. 665), so as to provide for commissioner districts; to provide for definitions and inclusions; to provide for cur rently serving members; to provide for the election and terms of commissioners; to provide for residency; to provide for related matters; to provide for submission of this Act to the

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JOURNAL OF THE HOUSE,

United States Attorney General for approval and conditions for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green, approved December 13, 1871 (Ga. L. 1871, p. 665), as amended, particularly by an Act approved February 28, 1876 (Ga. L. 1876, p. 290); an Act approved October 5, 1885 (Ga. L. 1885, p. 4321); an Act approved August 6, 1904 (Ga. L. 1904, p. 286); an Act approved August 11, 1908 (Ga. L. 1908, p. 348); and an Act approved March 24, 1933 (Ga. L. 1933, p. 665), is amended by striking Sections 1 and 2 of said Act approved December 13, 1871 (Ga. L. 1871, p. 665), and repealing all said amendatory Acts thereto, and inserting in lieu thereof the following: "Section 1. (a) For the purpose of electing the board of commissioners, Sumter County is divided into five commissioner districts as follows: Commissioner District: 1.
SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 115A, 115B, 115C, 115D, 116A, 116B, 117A, 117B, 118A, 118B, 118C, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 125, 126, 127, 137, 140B, 141B, 141C, 141D, 142, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A, 147B, USA., 148B, 148C, 149B, 149C, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 301D, 301E, 303A, 303B, 304, 305, 308, 309, 310, 315B, 321A, 322, 323 Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 134, 135A, 135B, 135D, 137A, 137B, 138, 139B, 140B, 142B Tract: 9506. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 135, 136, 137, 138 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 192, 193, 194, 195, 196, 197 Tract: 9502. Block(s): 101, 102, 103, 104, 130, 131, 153, 154, 155, 401, 431, 432, 433 Tract: 9507. Block(s): 101, 102, 103 VTD: 0045 ANDERSONVILLE
Commissioner District: 2 SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9502.

THURSDAY, MARCH 19, 1992

2847

Block(s): 128, 129, 132, 133, 134, 135, 136, 138, 139, 140A, 141A, 143A, 149A, 150, 151, 152, 301A, 301B, 301C, 302, 306, 307, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315C, 316A, 316B, 317, 318, 319, 320, 321B, 402, 403, 404, 405, 406, 407, 408, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430
Tract: 9505. Block(s): 114B, 115, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 217A, 217C, 218, 219, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 232A
Tract: 9506. Block(s): 101, 126, 127, 128, 129, 130, 131, 132, 133, 134, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 307, 308, 309, 310, 311, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328
Tract: 9507. Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 116, 123, 124, 227, 228, 229, 230, 231, 232, 233, 409A, 409G, 410, 412, 413
Commissioner District: 3 SUMTER COUNTY VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 (Part) Tract: 9505. Block(s): 341, 342, 343, 344 Tract: 9508. Block(s): 322, 323, 324, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 371 VTD: 0020 THOMPSON 17 VTD: 0025 CONCORD NEW 26 VTD: 0030 PLAINS OLD 26 VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 201, 202, 203, 222, 223, 224, 225 Tract: 9504. Block(s): 319, 320 Tract: 9505. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114C, 114D, 116, 117, 119, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217B, 230, 231, 232B, 233A, 233B, 233C, 234, 235, 236, 237, 238, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 326B, 327, 328, 329, 331, 332, 333, 334 Tract: 9506. Block(s): 305, 306, 312, 313, 314, 315 Tract: 9507. Block(s): 414A, 414B, 414C, 414D, 415A, 415B, 415C, 415D, 416A, 416B,416C
Commissioner District: 4 SUMTER COUNTY VTD: 0005 LESLIE 15 VTD: 0015 HUNTINGTON OLD 16 (Part) Tract: 9507.

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JOURNAL OF THE HOUSE,

Block(s): 428, 429, 430, 431, 433, 434, 436, 437, 438 Tract: 9508.
Block(s): 30o1c,i 330529, 303, 304, 305, 306, 307, 308, 318, 319, 320, 321, 325, VTD: 0035 AMERICUS 27 (Part)
Tract: 9506. Block(s): 210
Tract: 9507. Block(s): 115, 117, 118, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 205, 206A, 206B, 206C, 207A, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407B, 407C, 408A, 408B, 409B, 409C, 409D, 409E, 409F, 411, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435
VTD: 0040 CHAMBLISS 28 (Part) Tract: 9507. Block(s): 119, 120, 121, 122 Tract: 9508. Block(s): 202, 203, 204, 205
Commissioner District: 5
SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 135C, 136, 139A, 140A, 141, 142A, 143, 144, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 215A, 215B, 215C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 220, 221, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514A, 514B, 515, 516, 517, 518, 519A, 519B, 520A, 520B, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 201, 202 Tract: 9506. Block(s): 303, 304
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;

THURSDAY, MARCH 19, 1992

2849

(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Sumter County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Sumter County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) The members serving on the effective date of this Act shall continue to serve until the expiration of their terms and their successors are duly elected and qualified. The members representing Commissioner Districts 1, 3, and 5 shall be elected at the general election held in November, 1992, to take office on January 1, 1993, for terms of four years and until their successors are duly elected and qualified. The members representing Commissioner Districts 2 and 4 shall be elected at the general election held in November, 1994, to take office on January 1, 1995, for terms of four years and until their successors are duly elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January of the next year for terms of four years and until their successors are duly elected and qualified. All members shall reside in the commis sioner district which they represent." Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Sumter County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 130, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1619.

By Representative Skipper of the 116th: A bill to amend an Act to create the Sumter County Public School System, so as to provide new Education Districts.

The following Committee substitute was read and adopted:
A BILL To amend an Act providing for the election of the Sumter County Board of Educa tion, approved February 29, 1968 (Ga. L. 1968, p. 2065), as amended, particularly by an

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JOURNAL OF THE HOUSE,

Act approved March 15, 1973 (Ga. L. 1973, p. 2127), so as to reconstitute said board of education; to provide for definitions and inclusions; to provide for currently serving mem bers; to provide for elections; to provide for terms of office; to provide for related matters; 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 providing for the election of the Sumter County Board of Educa tion, approved February 29, 1968 (Ga. L. 1968, p. 2065), as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 2127), is amended by striking in its entirety subsection (b) of Section 1 and inserting in lieu thereof the following: "(b) For the purpose of electing the members of said board of education, Surnter County is divided into seven education districts as follows: Education District: 1
SUMTER COUNTY VTD: 0005 LESLIE 15 (Part) Tract: 9508. Block(s): 207 VTD: 0015 HUNTINGTON OLD 16 (Part) Tract: 9507. Block(s): 428, 429, 430 Tract: 9508. Block(s): 301, 302, 303 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114C, 115D, 116B, 117B, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 150, 151, 152, 317, 318, 319, 320, 402, 407 Tract: 9503. Block(s): 101, 102, 103, 104, 121, 122, 123, 124, 125, 126, 133, 134 Tract: 9505. Block(s): 114D, 204B, 215B, 216C, 216D, 217B, 217C, 224B, 224C, 226B, 230, 231, 232B, 233C, 234, 235, 236, 237, 238 Tract: 9507. Block(s): 105B, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 123, 124, 201D, 206C, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216B, 220B, 220C, 220D, 246B, 401B, 401C, 402B, 402C, 403B, 404B, 406, 407C, 408B, 409E, 409F, 409G, 414B, 414C, 414D, 415C, 415D, 416B, 416C, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9502. Block(s): 154, 155, 401 Tract: 9507. Block(s): 102, 103, 119 VTD: 0045 ANDERSONVILLE (Part) Tract: 9501. Block(s): 121, 186 Tract: 9503. Block(s): 127, 128B, 128C, 129B, 129C, 131B, 132
Education District: 2 SUMTER COUNTY VTD: 0005 LESLIE 15 (Part) Tract: 9508.

THURSDAY, MARCH 19, 1992

2851

Block(s): 113, 120, 121, 122, 123, 124, 125, 126, 127A, 127B, 128A, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 146, 147, 155, 156, 157, 158, 159, 169, 171, 173, 174, 175, 176, 177, 178, 179, 193, 194, 195, 196, 197, 229A, 230A, 230B, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242A, 242B, 242C, 243, 244A, 244B, 244C, 245, 246A, 246B, 247, 248, 249, 250, 251A, 251B, 252A, 252B, 252C, 253A, 253B, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 309, 310, 311, 313, 314A, 314B, 315, 316, 317, 326, 327, 328A, 328B, 329, 330A, 330B, 331A, 331B, 332, 333, 334, 335A, 335B, 336, 337, 338, 339, 340, 341, 342, 343, 344A, 344B, 345, 346A, 346B, 347, 348, 349, 350, 370, 372, 373, 374, 375, 376, 377A, 377B, 378, 379, 380, 381, 382, 383, 384
VTD: 0010 SUMTER CITY NEW 16 (Part) Tract: 9505. Block(s): 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372A, 372B, 373B, 374
VTD: 0015 HUNTINGTON OLD 16 (Part) Tract: 9505. Block(s): 344 Tract: 9508. Block(s): 305, 307, 308, 318, 319, 320, 321, 322, 323, 324, 325, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 371
Education District: 3
SUMTER COUNTY VTD: 0010 SUMTER CITY NEW 16 (Part) Tract: 9505. Block(s): 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326A, 330, 335, 336, 337, 338, 339, 340, 345, 346, 347, 348, 349, 350, 351 373A VTD: 0015 HUNTINGTON OLD 16 (Part) Tract: 9505. Block(s): 341, 342, 343 Tract: 9507. Block(s): 431, 433, 434, 436, 437, 438 Tract: 9508. Block(s): 304, 306 VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 153, 301, 302, 303, 304, 305 VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 537, 538, 539, 540, 541, 542, 545, 546 Tract: 9504. Block(s): 319 Tract: 9505. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 328
Education District: 4
SUMTER COUNTY VTD: 0010 SUMTER CITY NEW 16 (Part) Tract: 9504. Block(s): 346, 347, 348, 349, 350, 351, 352, 353, 378, 379, 381, 382, 383 VTD: 0020 THOMPSON 17

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JOURNAL OF THE HOUSE,

VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 202A, 206A, 213A, 215A, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236A, 236B, 237A, 237B, 238A, 238B, 239, 240, 241A, 241B, 242, 243, 244, 245, 254, 306, 307, 308, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 326, 330, 364, 365
VTD: 0035 AMERICUS 27 (Part) Tract: 9504. Block(s): 320 Tract: 9505. Block(s): 326B, 327, 329, 331, 332, 333, 334
Education District: 5 SUMTER COUNTY VTD: 0025 CONCORD NEW 26 VTD: 0030 PLAINS OLD 26 (Part) Tract: 9504. Block(s): 141, 142, 143, 146, 147, 148, 149, 151, 152, 154, 155, 157, 158, 160, 161, 162, 163, 164, 165, 166, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213B, 214, 215B, 246, 247, 248, 249, 250, 251, 252, 253, 363, 369, 370 VTD: 0035 AMERICUS 27 (Part) Tract: 9503. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 201, 202, 203, 204, 222, 223, 224, 225, 501, 502, 503, 504, 505, 507, 508, 509
Education District: 6 SUMTER COUNTY VTD: 0005 LESLIE 15 (Part) Tract: 9508. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 118, 119, 128B, 143, 144, 145, 148, 149, 150, 151, 152, 153, 154, 160, 161, 162, 163, 164, 165, 166, 167, 168, 170, 172, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 201, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229B, 230C, 231, 268, 269, 270, 271, 272, 312 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 114B VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 192, 193, 194, 195, 196, 197 Tract: 9502. Block(s): 101, 102, 103, 104, 130, 131, 153, 431, 432, 433 Tract: 9507. Block(s): 101, 120, 121, 122 Tract: 9508. Block(s): 202, 203, 204, 205 VTD: 0045 ANDERSONVILLE (Part) Tract: 9501.

THURSDAY, MARCH 19, 1992

2853

Block(s): 101A, 101B, 102, 103, 104A, 104B, 105, 106, 107A, 107B, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117A, 117B, 118, 119A, 119B, 120, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 151, 184, 185, 187, 188, 189, 190, 191
Education District: 7 SUMTER COUNTY VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 118B, 118C, 119B, 120B, 121B, 122B, 123B, 124B, 140B, 141B, 141C, 141D, 142, 143B, 144B, 145, 146D, 147B, 148C, 149B, 149C, 158B, 159B, 201B, 201C, 202B, 203B, 301D, 301E, 303B, 311B, 312C, 315B, 315C, 316B, 321B, 403, 404, 405, 406, 408, 409B, 409C, 409D, 409E, 410, 412B Tract: 9503. Block(s): 135D, 137B, 138, 139B, 140B, 142B, 205G, 205H, 205J, 205K, 205L, 206D, 207B, 207C, 208B, 208C, 209B, 209C, 211D, 212B, 213B, 214B, 214C, 215B, 215C, 216C, 217H, 217J, 218B, 218C, 506, 510, 511, 512, 513, 514B, 515, 516, 517, 518, 519B, 520B, 520C, 521C, 535B, 536, 543, 544 Tract: 9507. Block(s): 104, 115, 116, 117, 118, 125, 126

For purposes of this subsection: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of the Sumter County School District which is not included in any education district described in this subsection shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of the Sumter County School District which is described in this sub section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such educa tion district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia." Section 2. Said Act is further amended by striking in its entirety subsection (b) of Section 2 and inserting in lieu thereof the following: "(b) Each member of the board of education shall be elected by a majority vote of the qualified voters voting in the education district which such member represents. All members of the board of education shall be elected in nonpartisan elections held in com pliance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'" Section 3. Said Act is further amended by striking in its entirety Section 3 and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

"Section 3. The members of the board of education serving on the effective date of this Act shall continue to serve for the remainder of their terms. Members representing Education Districts 2, 4, and 6 shall be elected at a nonpartisan election held at the same time as the general election in November, 1992, and quadrennially thereafter. Members from Education Districts 1, 3, 5, and 7 shall be elected at a nonpartisan elec tion held at the same time as the general election held in November, 1994, and quadrennially thereafter. Members shall take office on the first day of January following their election for terms of four years and until their successors have been duly elected and qualified."
Section 4. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the elec tion superintendent of Sumter County and shall call and conduct an election for the pur pose of submitting this Act to the electors of the Sumter County School District 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 Sumter County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act reconstituting the Sumter County Board of Education be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast 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 auto matically repealed upon the date the election results are certified under this section.
The expense of such election shall be borne by Sumter County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 130, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2021. By Representative Jenkins of the 80th: A bill to amend an Act creating a board of commissioners of Jasper County, so as to reapportion the commissioner districts.

The following Committee substitute was read and adopted:

A BILL To amend an Act creating a board of commissioners for Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3807), so as to reapportion the commissioner districts; to provide that all members serving on the board on January 1, 1992, shall complete the terms for which they were elected; to provide for related matters; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contin gency; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, particularly by an Act approved March

THURSDAY, MARCH 19, 1992

2855

12, 1984 (Ga. L. 1984, p. 3807), is amended by striking in its entirety Section 1 and insert ing a new section to read as follows:
"Section 1. (a) There is established in Jasper County a board of commissioners, which shall be the governing authority of said county and shall be composed of five members. For the purpose of electing members of the board, Jasper County is divided into five commissioner districts as follows:
Commissioner District: 1 JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9903. Block(s): 379, 395, 396, 397, 401, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 419A, 419B, 421A, 421B, 422A, 422B, 423, 424, 425, 426A, 426B, 426C, 426D, 427A, 427B, 428, 429A, 429B, 430A, 430B, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448 Tract: 9904. Block(s): 119, 120, 129
Commissioner District: 2 JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9901. Block(s): 185, 188, 189, 190, 192, 193, 194 Tract: 9902. Block(s): 174, 175, 176, 177, 178, 179, 180, 181 Tract: 9903. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118A, 118B, 119, 120, 125, 126, 127, 130, 131, 132, 133, 134, 135A, 136, 137, 138, 139, 140, 141, 146, 201, 202, 203, 205, 232, 233, 234, 235, 236, 237, 238A, 238B, 242, 265A, 265B, 265C, 266, 267 VTD: 0002 SHADY DALE
Commissioner District: 3 JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9901. Block(s): 191 Tract: 9903. Block(s): 135B, 142, 143, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 361, 362, 363, 364, 372, 373, 385, 386, 387, 388, 389, 390, 391 Tract: 9904. Block(s): 118, 121, 122, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 164, 165, 166, 180, 181, 182, 189, 190, 191, 192, 193 VTD: 0003 HILLSBORO VTD: 0004 MARTIN BURNEY (Part) Tract: 9902. Block(s): 193, 195, 196, 197

2856

JOURNAL OF THE HOUSE,

Tract: 9903. Block(s): 219, 220, 221, 222, 223, 295, 296, 297, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 357, 358, 359, 360, 365, 366, 367, 368, 369, 370, 371
Commissioner District: 4 JASPER COUNTY VTD: 0001 MONTICELLO (Part) Tract: 9902. Block(s): 168, 169, 170, 171, 172 Tract: 9903. Block(s): 121, 122, 123, 124, 128, 129, 204, 206, 207, 208, 209, 210, 211, 212, 226, 227, 228, 229, 230, 231, 239A, 239B, 239C, 240A, 240B, 241, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 262A, 262B, 263A, 263B, 264A, 264B, 264C, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284A, 284B, 285A, 285B, 286, 287, 288, 289, 290, 291, 292, 293, 294, 374, 375, 376, 377, 378, 380, 381, 382, 383, 384, 392, 393, 394, 402, 403, 420 VTD: 0005 THOMPSON AND BARNES (Part) Tract: 9902. Block(s): 165, 166, 167 Tract: 9903. Block(s): 213, 214, 215, 218, 224, 225
Commissioner District: 5 JASPER COUNTY VTD: 0004 MARTIN BURNEY (Part) Tract: 9902. Block(s): 182, 183, 188, 189, 190, 191, 192, 194 VTD: 0005 THOMPSON AND BARNES (Part) Tract: 9902. Block(s): 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 124, 125, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 184, 185, 186, 187 Tract: 9903. Block(s): 216, 217, 301, 302, 354, 355, 356 VTD: 0006 WYATT
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;

THURSDAY, MARCH 19, 1992

2857

(4) Any part of Jasper County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Jasper County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) (1) One commissioner shall be elected from each commissioner district by the electors residing solely within each respective district. A commissioner must reside within the district from which elected. Candidates for the office of commissioner shall certify at the time of their qualification as candidates that they are residents of the commissioner district from which they seek election.
(2) In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he or she offers as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat, and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for a seat, a run-off election shall be conducted for that particular seat in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or here after amended.
(3) In the event that a commissioner moves his or her residence from the district from which elected during his or her term of office, such office shall immediately become vacant, and such vacancy shall be filled as otherwise provided by this Act for the filling of a vacancy. (d) The members of the board of commissioners of Jasper County serving on Janu ary 1, 1992, or any successors appointed to fill vacancies created by such members, shall complete the term of office for which they were elected, expiring December 31, 1992. At the general election in 1992, the members of the board of commissioners elected in accordance with the provisions of subsections (a) and (c) of this section shall be elected to take office on January 1, 1993, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected in the general election in the year in which the terms of office expire and shall take office on the first day of Jan uary immediately following their election for terms of four years and until their succes sors are elected and qualified. (e) The board of commissioners shall, at its first meeting in January, elect a chair person from among its membership to serve for a term of one year." Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Jasper County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3. Except for the provisions of this Act relating to and necessary for the elec tion of the members of the board of commissioners of Jasper County in 1992, the provi sions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.

2858

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 130, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2023.

By Representative Jenkins of the 80th: A bill to amend an Act creating a board of commissioners for Monroe County, so as to reapportion the commissioner districts.

The following Committee substitute was read and adopted:

A BILL To amend an Act creating a board of commissioners for Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5334), and an Act approved February 5, 1988 (Ga. L. 1988, p. 3540), so as to reapportion the commissioner districts; to provide that all members serving on the board on the effective date of this Act shall complete the terms for which they were elected; to provide for related matters; to provide for effective dates; to provide for sub mission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a board of commissioners for Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5334), and an Act approved February 5, 1988 (Ga. L. 1988, p. 3540), is amended by striking in their entirety subsections (a), (b), and (d) of Section 1 and inserting new subsections to read as follows: "(a) There is created the Board of Commissioners of Monroe County which shall conduct and administer the county affairs of Monroe County. The board shall be com posed of five members. For the purpose of electing members of the board, Monroe County shall be divided into four commissioner districts as follows: Commissioner District: 1
MONROE COUNTY VTD: 0001 DISTRICTS 1, 2, 3, 7, 9, 11, AND 12 (Part) Tract: 0501. Block(s): 179A, 179B, 179C, 179D, 179E, 179F, 180, 181A, 181B, 181C, 181D, 181E, 181F, 182A, 182B, 182C, 183, 184, 185, 186A, 186B, 187A, 187B, 188A, 188B, 189, 190A, 190B, 190C, 191, 192, 193, 194, 195, 196A, 196B, 197, 362A, 388A, 390, 391, 392, 393, 394, 395 Tract: 0502. Block(s): 138A, 139A, 140A, 141A, 142, 143, 144A, 145, 147, 148, 149, 150, 151, 152, 153, 169, 208A, 210, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 255, 256, 257, 311, 312A, 312B, 312C, 313, 314, 315, 316, 317, 318, 319, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336C, 337A, 341A, 341B, 341C, 341D, 341E, 342B, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 356, 357, 358, 359A, 359B, 360, 361A, 361B, 361C, 362A, 362B, 362C, 363A, 363B, 363C, 364, 365A, 365B, 366, 367, 374A, 374B, 375, 376A, 376B, 377, 378 VTD: 0008 EVERS (Part) Tract: 0501. Block(s): 176, 177, 178

THURSDAY, MARCH 19, 1992

2859

Commissioner District: 2 MONROE COUNTY VTD: 0001 DISTRICTS 1, 2, 3, 7, 9, 11, AND 12 (Part) Tract: 0502. Block(s): 127A, 131, 132, 133, 134, 135, 136, 137, 138B, 201A, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 201J, 201K, 202, 203, 204A, 205, 206, 207, 208B, 209A, 209B, 211A, 211B, 211C, 212, 213, 253B, 258, 259, 260, 309, 310, 336B, 337B, 338, 339, 340, 342A, 353, 354, 355, 368, 369, 370, 371, 372, 373, 379, 380, 381 Tract: 0503.98 Block(s): 108B, 109C, 110, 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 178, 179, 201, 202, 203, 204, 205, 206, 273, 274, 308, 309, 310, 320, 333, 334, 335, 362 VTD: 0005 COX AND RUSSELVILLE VTD: 0006 CULLODEN VTD: 0008 EVERS (Part) Tract: 0502. Block(s): 307, 308, 382
Commissioner District: 3 MONROE COUNTY VTD: 0001 DISTRICTS 1, 2, 3, 7, 9, 11, AND 12 (Part) Tract: 0501. Block(s): 351, 353, 372, 374, 375, 376, 377, 378, 384, 386A, 386B, 386C, 388B, 388C, 389A, 389B, 389C, 389D, 389E, 396A, 396B Tract: 0502. Block(s): 144B, 146, 154, 155, 156, 157, 158, 159, 160, 161A, 161B, 161C, 162, 163, 164A, 164B, 165, 166, 167, 168, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 252C, 253A, 254, 320, 321, 322, 323, 324, 325 Tract: 0503.98 Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 107, 108A, 109A, 109B, 115, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 301, 302, 303, 304, 305, 306, 307, 311, 312, 313, 314, 315, 316, 317, 318A, 319, 321A, 321B, 322, 323, 324, 325, 326, 327, 328A, 329, 330, 331, 332, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 363, 364, 365, 366, 367, 368 Tract: 0504.98 Block(s): 104A, 114A, 301A, 302A, 303A, 304A, 309A
Commissioner District: 4 MONROE COUNTY VTD: 0001 DISTRICTS 1, 2, 3, 7, 9, 11, AND 12 (Part) Tract: 0501. Block(s): 164, 165, 168, 169, 170, 171, 172, 173, 174, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 352, 354, 355, 356, 357, 358, 359, 360, 361, 362B, 363, 364, 365, 366, 367, 368, 369, 370, 371, 373, 379, 380, 381, 382, 383, 385, 387, 397 Tract: 0502.

2860

JOURNAL OF THE HOUSE,

Block(s): 128, 129A, 130, 139B, 140B, 141B VTD: 0004 CABANISS VTD: 0008 EVERS (Part)
Tract: 0501. Block(s): 163, 175, 258, 259, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284A, 284B, 285, 286, 287
Tract: 0502. Block(s): 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127B, 129B, 201L, 204B, 301, 302, 303, 304, 305, 306
VTD: 0010 HIGHFALLS VTD: 0013 PROCTORS (b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control; (4) Any part of Monroe County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Monroe County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia." "(d) (1) Notwithstanding those changes in descriptions of commissioner districts which become effective at the same time this section becomes effective, members of the board shall serve the term for which they were elected and until their successors are elected and qualified. (2) Effective on the first Monday in January, 1993, the members of the board representing Commissioner Districts 3 and 4 in accordance with the commissioner dis tricts which become effective in 1993 shall be the former members of the board repre senting Commissioner Districts 3 and 4 who were elected at the general election in 1990 under previously existing provisions of this Act, and said members of the board so elected shall serve for the terms of office to which they were elected, which shall expire on December 31, 1994, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1994 and shall take office on the first day in January, 1995, for terms of four years and until their successors are elected and qualified. (3) The members representing Commissioner Districts 1, 2, and the at-large dis trict shall be elected at the general election of 1992 and shall take office on the first day in January, 1993, for terms of four years and until their successors are elected and qualified. (4) Successors to the members elected under paragraphs (2) and (3) of this subsec tion and future successors shall be elected at the general election immediately preced ing the expiration of the respective terms of office and shall take office on the first

THURSDAY, MARCH 19, 1992

2861

day in January immediately following their election for terms of four years and until their successors are elected and qualified." Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Monroe County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3. Except for the provisions of this Act relating to and necessary for the elec tion of the members of the board of commissioners of Monroe County in 1992, the provi sions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 130, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2079.

By Representative Floyd of the 135th: A bill to amend an Act changing the method of compensating the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner of Crisp County from the fee system to an annual salary basis, so as to revise provisions relative to the compensation of the tax commis sioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 450. By Senators Starr of the 44th and Collins of the 17th: A bill to provide for the creation of one or more community improvement districts in Clayton County and in each municipality therein; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 627. By Senator Egan of the 40th: A bill to amend an Act providing for volunteer legal service agencies in cer tain counties, as amended, so as to change certain fees; to revise certain pro visions relating to applicability based on population of certain counties and based on certain United States decennial censuses; to provide for effective dates; to provide for the automatic repeal of certain provisions.

2862

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 130, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 667. By Senator Steinberg of the 42nd: A bill to provide that each resident of the DeKalb County School District who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed con flict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County School District ad valorem taxes, including taxes to retire bonded indebtedness.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend SB 667 by adding on line 27 of page 1 between the period and the word "The" the following sen tence:
"For the purposes of this Act, the term 'unremarried surviving spouse' of a member of the armed forces includes the unmarried widow of a member of the armed forces, which widow is receiving spousal benefits from the United States Department of Veter ans Affairs."

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:

Abernathy Adams Y Aiken Alford Y Ashe Y Atkins Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Breedlove Brooks Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Cauthorn Y Chafin

Y Chambless Y Cheeks
Childers Y Clark.E Y Clark,L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D
Davis.G Davis,M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin

Y Groover Y Hamilton Y Hamrnond
Hanner Y Harris.B Y Harris.J Y Heard
Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore King E Kingston Y Klein Ladd Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas YMann

Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Orrock
Y Padgett Parham
Y Parrish Y Patten
Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston
Y Powell.A Y Powell.C

Y Presley Y Purcell
Randall
YRay Reaves Redding
Ricketson Y Royal
Y Selman Sherrill Simpson
Y Sinkfield Y Skipper Y Smith.L Y Smith,?
Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F
Stancil.S Y Stanley Y Streat Y Taylor
Y Teper Thomas.C
Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest

THURSDAY, MARCH 19, 1992

2863

Y Twiggs Valenti
Y Vaughan

Y Walker,J Y Walker.L Y Wall

Y Watson Y Watts
White

Y Wilder Williams.B Williams ,J

Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 130, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed, as amended.

SB 668. By Senator Steinberg of the 42nd: A bill to provide that each resident of DeKalb County who is the unremar ried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all DeKalb County ad valorem taxes, including taxes to retire bonded indebtedness but excluding county school district taxes.

The following amendment was read and adopted:
The Committee on State Planning & Community Affairs moves to amend SB 668 by adding on line 27 of page 1 between the period and the word "The" the following sen tence:
"For the purposes of this Act, the term 'unremarried surviving spouse' of a member of the armed forces includes the unmarried widow of a member of the armed forces, which widow is receiving spousal benefits from the United States Department of Veter ans Affairs."

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:

Abernathy Adams Y Aiken Alford Y Ashe Y Atkins Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Breedlove Brooks Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter

Cauthorn Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Davis,G Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Fennel Y Floyd.J.M Y Floyd.J.W Flynt Y Godbee Y Golden

Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y HarrisJ Y Heard
Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore King E Kingston Y Klein Ladd Lane.D Y Lane.R Y Langford Y Lawrence

Y Lawson YLee YLong YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Orrock Y Padgett Parham Y Parrish Y Patten Pelote Y Perry

Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall YRay
Reaves Redding Ricketson Y Royal Y Selman Sherrill Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Stancil.S Y Stanley Y Streat

2864

JOURNAL OF THE HOUSE,

Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N

Thurmond Y Titus Y Tolbert Y Townsend
Turnquest

Y Twiggs Valenti
Y Vaughan Y Walker.J Y Walker.L

Y Wall Y Watson Y Watts
White Y Wilder

Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 130, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed, as amended.

Representatives Davis of the 45th, Ladd of the 44th, Stancil of the 8th and Williams of the 48th stated that they had been called from the floor of the House during the pre ceding roll call. They wished to be recorded as voting "aye" thereon.

Due to mechanical malfunction, the vote of Representative Moody of the 153rd was not recorded 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 passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 842. By Senator Kidd of the 25th: A bill to provide for the compensation of the magistrate pro hac vice of the Magistrate Court of Baldwin County; to provide for method of payment of such compensation.

HB 1673.

By Representatives Lawrence of the 49th, Alford of the 57th, Redding of the 50th, Valenti of the 52nd, Oliver of the 53rd and others: A bill to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, so as to provide for new reapportioned districts.

HB 1729.

By Representatives Campbell of the 23rd, McKinney of the 40th and Abernathy of the 39th: A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city, so as to divide the City of Alpharetta into six election districts.

HB 1803.

By Representative Carrell of the 65th: A bill to amend an Act creating a Board of Commissioners of Walton County, so as to provide new commissioner districts.

HB 1832. 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 composition of the commissioner districts from which members of the Board of Commissioners of Morgan County are elected.

THURSDAY, MARCH 19, 1992

2865

HB 1833. By Representative Stancil of the 66th: A bill to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition of and reapportion the education districts from which members of the board of edu cation are elected.

HB 1913.

By Representatives Groover of the 99th, Pinkston of the 100th, Elliott of the 103rd, Randall of the 101st and Birdsong of the 104th: A bill to amend an Act known as the "Macon-Bibb County Water and Sew erage Authority Act," so as to provide a consolidated charter for the author ity.

HB 1970.

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 provide new election districts.

HB 1980. By Representatives Fennel of the 155th and Smith of the 156th: A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned," so

HB 1990. By Representative Parrish of the 109th: A bill to amend an Act creating a Board of Commissioners of Candler County, so as to provide that the chairman of the Board of Commissioners shall be the chief executive and administrative officer of Candler County.

HB 1945. By Representative Smith of the 78th: A bill to amend Code Section 48-5-40 of the Official Code of Georgia Anno tated, relating to definitions regarding ad valorem tax exemptions, so as to revise and change the population and census application of certain provisions including within the definition of homestead certain property in all counties of this state having a population of not less than 10,450 nor more than 10,650 according to the United States decennial census of 1970 or any future such census.

HB 1951. By Representatives Lucas of the 102nd, Randall of the 101st, Groover of the 99th, Pinkston of the 100th and Birdsong of the 104th: A bill to amend Code Section 8-3-50 of the Official Code of Georgia Anno tated, relating to the appointment, qualifications, and tenure of housing authority commissioners, so as to change the provisions relating to the com position of the housing authority in certain cities; to change a certain popula tion bracket.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:

HR 1045.

By Representative Streat of the 139th: A resolution commending Bishop Johnny Lee Litman, Jr.; on his twentieth anniversary of service as bishop.

2866

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 842. By Senator Kidd of the 25th: A bill to provide for the compensation of the magistrate pro hac vice of the Magistrate Court of Baldwin County; to provide for method of payment of such compensation.
Referred to the Committee on State Planning & Community Affairs - Local.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolution of the House and Senate were taken up for consideration and read the third time:

HR 780. By Representatives Buck of the 95th, Lee of the 72nd and Walker of the 115th: A resolution creating the University System Laboratory, Equipment, Reha bilitation Technology, and Eminent Scholars Endowment Study Committee.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis,D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden
Good win E Green Y Greene Y Griffin
Groover Y Hamilton
Hammond Y Hanner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Orrock Y Padgett Y Parham Y Parrish Y Patten Pelote Y Perry Y Pettit Y Pinholster Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Randall YRay Y Reaves Redding Y Ricketson Royal Selman Sherrill Simpson Y Sinkfield

On the adoption of the Resolution, the ayes were 137, nays 0.

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Thomas.C Thomas.M Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts White Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy,Spkr

THURSDAY, MARCH 19, 1992

2867

The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Thomas of the 31st, Canty of the 38th, Wilder of the 21st, Royal of the 144th, Hammond of the 20th, Sherrill of the 47th and Thomas of the 69th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 149. By Senators Bishop of the 15th, Robinson of the 16th and Tate of the 38th: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Anno tated, the "Act Creating the Superior Court Judges Retirement System," so as to authorize creditable service for certain prior service; to provide require ments relative thereto; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal.

The following Committee substitute was read and adopted:

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 ser vice for certain prior service; to provide requirements relative thereto; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for auto matic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," is amended by striking Code Section 47-9-41.1, relating to creditable service for service as a state court judge, in its entirety and substituting in lieu thereof a new Code Section 47-9-41.1 to read as follows: "47-9-41.1. (a) As used in this Code section, the term 'prior service' means:
(1) Holding office as a state court judge whether or not such member participated in a retirement fund; or
(2) Holding office as a state court solicitor 'service as a state court judge' means holding office after December 31; 1976, as a judge ef state court while a member of the Trial Judges and Solicitors Retirement Fund provided for in Chapter 10 of this title. (b) A member of the retirement system may receive creditable service for service as a state court judge prior service pursuant to the provisions of this Code section. (c) (1) For a member who is a member or former member of the Trial Judges and Solicitors Retirement Fund, the T-he payment required to receive such creditable ser vice shall be an amount equal to all employer and employee contributions made to the Trial Judges ad Solicitors Retirement Fund such fund by or on behalf of the state court judge such member during service as a state court judge or solicitor plus interest on such amount at the rate of 6 percent per annum compounded annually from the date of termination of service as a state court judge or solicitor to the date of payment.
(2) For any member other than a member or former member of the Trial Judges and Solicitors Retirement Fund, the payment required to receive such creditable ser vice shall be an amount equal to all employer and employee contributions which would have been made by or on behalf of such member to the Trial Judges and Solici tors Retirement Fund as if such member was a member of such fund for a period cor responding to such member's service as a state court judge or solicitor together with 6 percent interest thereon compounded annually. (d) For a member who at the time of service as a state court judge or solicitor was a member of the Trial Judges and Solicitors Retirement Fund, the following shall be applicable:

2868

JOURNAL OF THE HOUSE,

(1) For a member who has not withdrawn contributions from the Trial Judges and Solicitors Retirement Fund, the amount provided for in subsection (c) of this Code section shall be transferred from the Trial Judges and Solicitors Retirement Fund to the fund provided for in this chapter?; and
{e) (2) For a member who has withdrawn contributions from the Trial Judges and Solicitors Retirement Fund, the amount provided in subsection (c) of this Code sec tion shall be paid as follows:
ft> (A) That portion of the amount provided for in subsection (c) of this Code section which is attributable to employer contributions plus interest thereon shall be transferred from the Trial Judges and Solicitors Retirement Fund to the retire ment fund provided for in this chapter; and
{2} (B) That portion of the amount provided for in subsection (c) of this Code section remaining after deducting the amount transferred under subparagraph (A) of this paragraph {i} ef this subsection shall be paid to the fund provided for in this chapter by the member claiming the creditable service. (e) For a member who was at the time of service as a state court judge or as a solici tor a member of any retirement fund other than the Trial Judges and Solicitors Retire ment Fund, the following shall be applicable: (1) For any such member who has not withdrawn contributions from such fund, all employer and employee contributions together with all accumulated interest thereon at a rate to be determined by the administrator of such fund shall be trans ferred to the fund provided for in this chapter. Such member shall pay any remaining sums required by subsection (c) of this Code section or shall be entitled to receive any sums so transferred which exceed the sums required by subsection (c) of this subsec tion; and (2) For any such member who has withdrawn contributions from such fund, the amount provided for in subsection (c) of this Code section shall be paid as follows:
(A) That portion of the amount provided for in subsection (c) of this Code sec tion which is attributable to employer contributions together with all accumulated interest thereon at a rate to be determined by the administrator of such fund shall be transferred from such fund to the retirement fund provided for in this chapter; and
(B) That portion of the amount provided for in subsection (c) of this Code sec tion remaining after deducting the amount transferred under subparagraph (A) of this paragraph shall be paid to the fund provided for in this chapter by the member claiming the creditable service. (f) A member who at the time of service as a state court judge was not a member of any retirement fund shall pay to the fund provided for in this chapter the entire amount provided for in subsection (c) of this Code section. (g) Except as provided in Code Section 47-9-77, 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, for prior service as defined by subsection (a) of this Code section shall be eligible to obtain creditable service under this Code section. {$ (h) A member wishing to obtain creditable service pursuant to the provisions of this Code section shall apply therefor to the board of trustees, and upon the transfer or payment of the amounts provided for in subsection (d) or (e) of this Code section, the applicable creditable service shall be entered on the member's records." Section 2. This Act shall become effective on July 1, 1992, 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, 1992, 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 sub stitute, was agreed to.

THURSDAY, MARCH 19, 1992

2869

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove N Brooks
Brown Y Brush YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.D Davis.G Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong Y Lord Lucas Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Ray Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper
Thomas,C Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Walker.L Y Wall Y Watson Y Watts White Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 140, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Davis of the 45th, Thomas of the 69th, Thomas of the 31st and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read:

HR 1086. By Representative Murphy of the 18th

A RESOLUTION Amending H.R. 3, relating to officials, employees, and committees in the House of Representatives, adopted by the House of Representatives at the 1991 regular session of the General Assembly, so as to change certain provisions relating to the Clerk of the House; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that H.R. 3, relat ing to officials, employees, and committees in the House of Representatives, adopted by the House of Representatives at the 1991 regular session of the General Assembly, is amended by striking Section 2-2 in its entirety and inserting in lieu thereof a new Section 2-2 to read as follows: "Section 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be $68,350.00 per

2870

JOURNAL OF THE HOUSE,

annum. During his tenure of office, he shall receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by him."

On the adoption of the Resolution, the roll call was ordered and the vote was was follows:

Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M
Davis.D Davis.G Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee YLong YLord Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Walker.J Walker.L Wall Y Watson Y Watts N White Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 144, nays 4. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Thurmond of the 67th, Thomas of the 31st and Davis of the 45th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Clark of the 20th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 388. By Senator Deal of the 49th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to which offenses are bailable, so as to provide for offenses bailable only before the superior court in certain instances.

THURSDAY, MARCH 19, 1992

2871

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams
Aiken Alford Y Ashe Y Atkins Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M
Davis.D Davis.G Davis.M Y Dixon.H Y Dixon.S Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin E Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris,J

Y Heard Y Henson Y Herbert
Y Holland Holmes Howard
Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing E Kingston
Y Klein YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee YLong Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Y Merritt
Y Milam

Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham
Parrish Y Patten
Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Simpson
Y Sinkfield

Y Skipper Y Smith.L Y Smith,?
Y Smith.T Smith, W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Y Thomas.C Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Walker,J Walker.L Y Wall Y Watson Y Watts Y White Wilder Y Williams.B Williams,J Y Williams,R
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.

Representatives Davis of the 45th, Thomas of the 31st and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Due to mechanical malfunction, the vote of Representative Oliver of the 121st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 998. By Representatives Royal of the 144th, Reaves of the 147th, Patten of the 149th, Long of the 142nd, Lane of the lllth and others: A resolution urging the United States Congress to support and enact S. 50, relating to private property rights.

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:

Abernathy Y Adams Y Aiken

Alford Y Ashe Y Atkins

Baker Y Balkcom Y Barfoot

Y Bargeron Y Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield

2872

JOURNAL OF THE HOUSE,

Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D Y Davis.G
Davis.M

Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller

Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Ray Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield Skipper Y Smith.L Y Smith.P

Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor
Teper Y Thomas,C
Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Davis of the 45th, Wilder of the 21st and Thomas of the 31st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 341. By Senators Bowen of the 13th and Timmons of the llth: A bill to amend Code Section 47-17-40 of the Official Code of Georgia Anno tated, relating to membership in the Peace Officers' Annuity and Benefit Fund, so as to provide that a certain peace officer who has been in continu ous service as a peace officer for a certain number of years shall be eligible for membership in the fund and for the annuity and benefits provided for by said fund; to provide credit for prior service 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:

Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates

Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner

Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker

Y Coleman Colwell Connell
Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G
Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover

Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene

THURSDAY, MARCH 19, 1992

2873

Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King E Kingston Y Klein

Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Mann Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody

Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell

Y Randall Ray
Y Reaves Redding
Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper

Y Thomas.C Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Williams.R 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.

Representatives Davis of the 45th, Thomas of the 31st and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 92. By Senators Tate of the 38th, Bishop of the 15th and Hill of the 4th: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to eligibility for retirement allowances; to change the provisions relating to retirement allowances; to provide 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:

Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck

Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S

Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert

Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King E Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Mann
Martin

Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit

2874

JOURNAL OF THE HOUSE,

Y Pinholster Y Pinkston Y Poag
Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Ray

Y Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Srnith.P

Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Y Thomas.C

Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J

Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Williams.R 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.

Representatives Poston of the 2nd, Thomas of the 31st and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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 2147. By Representatives Breedlove of the 60th, Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2148. By Representatives Sherrill of the 47th, Tolbert of the 58th, Alford of the 57th, Williams of the 48th, Teper of the 46th and others: A bill to amend an Act providing that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income does not exceed $15,000 per annum shall be granted an exemption, so as to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2149. By Representatives Sherrill of the 47th, Tolbert of the 58th, Alford of the 57th, Williams of the 48th, Teper of the 46th and others: A bill to amend an Act providing that each resident of DeKalb County who is 65 years of age or over or disabled and whose net income does not exceed $15,000 per annum shall be granted an exemption, so as to provide a home stead exemption from certain DeKalb County ad valorem taxes for county purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2150. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act creating a Board of Commissioners of Jones County, so as to provide for the election of members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 19, 1992

2875

HB 2151. By Representatives Williams of the 48th, Tolbert of the 58th, Sherrill of the 47th, Davis of the 45th, Lawrence of the 49th and others: A bill to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2152. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to provide for homestead exemptions from Carroll County ad valorem taxes for county purposes and for educational purposes for certain residents of that county and school district.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2153. By Representatives Smyre of the 92nd, Buck of the 95th, Taylor of the 94th, Harris of the 96th and Culbreth of the 97th: A bill to amend an Act creating the Muscogee County School District, so as to provide for the composition of the Muscogee County Board of Education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2154. By Representatives Cummings of the 17th and Murphy of the 18th: A bill to provide for homestead exemptions from Polk County ad valorem taxes for county purposes and from Polk County School District ad valorem taxes for educational purposes and to reduce bonded indebtedness for certain residents of that county and school district.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 493. By Senator Ramsey of the 54th: A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to the Department of Public Safety, so as to authorize the commissioner to adopt rules and regulations for the use of departmental equipment by uniformed personnel.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates

Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks
Brown Y Brush Y Buck Y Buckner

Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker

Y Coleman Y Colwell
Connell Y Culbreth
Cummings.B N Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover

Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene

2876

JOURNAL OF THE HOUSE,

Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King E Kingston Y Klein

Y Ladd Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey Y McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody

Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell

Y Randall Ray
Y Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor
Teper

Y Thomas.C Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend N Turnquest Y Twiggs N Valenti Y Vaughan
Walker.J Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 148, nays 5. The Bill, having received the requisite constitutional majority, was passed.

Representative Thomas of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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.

SB 475. By Senator Deal of the 49th: A bill to amend Code Section 16-12-35 of the Official Code of Georgia Anno tated, relating to the manufacture and sale of printed materials and equip ment for use in a lottery conducted by a state or foreign country, so as to provide that certain laws relative to prohibitions against gambling shall not apply to the manufacturing, processing, selling, possessing, or transporting of any printed materials, equipment, devices, or other materials used or desig nated for use in a legally authorized lottery.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy N Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates N Beatty Y Benefield
Birdsong N Blitch

Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless

Y Cheeks Y Childers Y Clark.E N Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs

Y Dover Y Dunn
Edwards N Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton

Y Hammond Hanner
Y Harris.B Y Harris.J
Heard Y Henson Y Herbert
Holland Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson N Jenkins Y Jones Y Kilgore

THURSDAY, MARCH 19, 1992

2877

YKing E Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee YLong YLord
Lucas YMann
Martin N McBee Y McCoy Y McKelvey Y McKinney.B

Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote

Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill

Y Simpson Y Sinkfield Y Skipper Y Smith.L
Smith.P Y Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond

Y Titus Y Tolbert Y Townsend Y Turnquest Y Valenti Y Vaughan
Walker,J Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Williams.J Y Williams.R N Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 142, nays 9. The Bill, having received the requisite constitutional majority, was passed.

Representative Thomas of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SR 410. By Senator Huggins of the 53rd: A resolution honoring Mr. James L. Clarkson and designating the James L. Clarkson Memorial Highway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter

Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden

Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard
Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence

Y Lawson YLee
Long YLord Y Lucas YMann
Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry

Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat

2878

JOURNAL OF THE HOUSE,

Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N

Thurmond Y Titus Y Tolbert Y Townsend
Turnquest

Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L

Y Wall Y Watson Y Watts Y White Y Wilder

Y Williams.B WilliamsJ
Y Williams.R 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.

Representative Thomas of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HR 813. By Representatives Brush of the 83rd, Smith of the 152nd, Parham of the 105th, Snow of the 1st, Harris of the 84th and others: A resolution urging the congressional delegation of the State of Georgia to take certain action with regard to federally mandated actions in this state.

The following Committee substitute was read and adopted:

A RESOLUTION Urging the congressional delegation of the State of Georgia to take certain action with regard to federally mandated actions in this state; and for other purposes. WHEREAS, each year the Congress of the United States enacts hundreds of bills relating to the individual states; and WHEREAS, many of these pieces of legislation mandate that certain actions be taken by the states; and WHEREAS, many of these mandatory actions require funds not available to the states and not provided by the federal government to the states; and WHEREAS, the states are left to fend for themselves as they try to gather the neces sary funding for these federally mandated programs; and WHEREAS, in the long run, it is the citizens of the states who must pay for the fund ing of these programs in which the citizens of the states have minute input. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that the members of this body urge the congressional delegation of the State of Georgia to take action to ensure that Congress and the President of the United States pro vide adequate funding for programs that are federally mandated but that have only local application and impact. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the congres sional delegation of the State of Georgia.

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:

Abernathy Adams Y Aiken

Y Alford Y Ashe Y Atkins

Y Baker Y Balkcom Y Barfoot

Bargeron Y Barnett.B Y Bamett.M

Y Bates Y Beatty Y Benefield

THURSDAY, MARCH 19, 1992

2879

Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B N Cummings.M Y Davis.D Y Davis.G Y Davis.M

Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y FloydJ.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas YMann Y Martin Y McBee
McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller

Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L
Smith.P

Y Smith.T Y Smith.W Y Smyre YSnow
Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor
Teper Thomas.C Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 153, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representatives Thomas of the 69th and Thomas of the 31st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 524. By Senators Steinberg of the 42nd, Deal of the 49th, Garner of the 30th and others: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to the payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments for violations of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs; to amend Code Section 17-15-10 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Crime Victims Emergency Fund, so as to provide moneys for such fund.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot

Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux

Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush Y Buck Y Buckner YByrd

Y Campbell Y Canty
Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M

2880

JOURNAL OF THE HOUSE,

Y Davis.D Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Lucas Y Mann

Y Martin Y McBee
McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster

Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Bay
Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Simpson Y Sinkfield Y Skipper Y Smith.L Smith,? Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S

Y Stanley Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L
Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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.

Representatives Thomas of the 69th and McCoy of the 1st 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.

SR 180. By Senators Taylor of the 12th, Hooks of the 14th, Perry of the 7th and oth ers: A resolution designating the developmental highway, known as "Corridor Z," as the "South Georgia Parkway".

The following amendment was read and lost:

Representative Meadows of the 91st moves to amend SR 180 as follows: To add before the words "South Georgia Parkway" the letter "Z" wherever these words appear in the bill.

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:

Abernatby Y Adams N Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M

Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush

NBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell N Culbreth Y Cummings,B Y Cummings.M Y Davis.D
Davis.G N Davis.M

Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt

THURSDAY, MARCH 19, 1992

2881

Y Godbee Y Golden Y Goodwin E Green N Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B N Harris.J Y Heard
Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins N Jones

Y Kilgore Y King E Kingston Y Klein Y Ladd Y Lane.D Y Lane.R N Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas N Mann Y Martin Y McBee
McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt N Milam

Y Mills Y Mobley Y Moody Y Morsberger N Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish N Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A
Powell.C

Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield N Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W N Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat N Taylor

Y Teper Thomas.C
Y Thomas.M Thomas.N
Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 141, nays 19. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Thomas of the 69th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 10. By Senator Shumake of the 39th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Anno tated, relating to the powers of municipal corporations, so as to provide that a municipal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user.

The following Committee substitute was read and withdrawn:

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 definitions; to provide that certain water suppliers in certain municipalities and coun ties may not refuse to supply water to certain property because of the indebtedness of a prior owner, prior occupant, or prior lessee; to provide for exceptions; to require such water suppliers to keep identifying information on any user of water service; to require water suppliers to seek reimbursement for unpaid charges initially from the person who incurred the charges; to provide for limited liens for unpaid charges for water service fur nished; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding immediately following Code Section 36-60-15 a new Code Section 36-60-16 to read as follows: "36-60-16. (a) As used in this Code section, the term 'water supplier' means:
(1) A municipality having a population of 130,000 or more according to the United States decennial census of 1990 or any future such census and any water system of

2882

JOURNAL OF THE HOUSE,

such municipality or any water authority or other public authority furnishing water service within such municipality; and
(2) A county having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census and any water system of such county or any water authority or other public authority furnishing water service within the unincorporated area of such county. (b) Except as otherwise provided in this Code section, no water supplier shall refuse to supply water to any single or multifamily residential property to which water has been furnished through the use of a separate water meter for each residential unit on application of the owner or new resident tenant of the premises because of the indebted ness of a prior owner, prior occupant, or prior lessee to the water supplier for water pre viously furnished to such premises. (c) For each new or current account to supply water to any premises or property, the water supplier shall maintain a record of identifying information on the user of the water service and shall seek reimbursement of unpaid charges for water service furnished initially from the person who incurred the charges. (d) Except as provided in subsection (e) of this Code section, a water supplier may impose a lien against real property to secure unpaid charges for water furnished. (e) (1) As used in this subsection, the term 'property' means single or multifamily residential property to which water service has been furnished through the use of a separate water meter for each residential unit.
(2) No lien to secure unpaid charges for water service provided to a lessee of prop erty and imposed by a water supplier shall exceed the amount of two months' average charges for water service furnished averaged over the latest 12 months of tenancy or over the period of actual tenancy for that unit, whichever is less." Section 2. This Act shall become effective on May 1, 1992, or on the date this Act is approved by the Governor or upon its becoming law without such approval, whichever is later. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Holmes of the 28th, et al., was read:

A BILL To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that public or private water suppliers may not refuse to supply water to certain property because of the indebtedness of a prior owner, prior occupant, or prior lessee; to provide for exceptions; to require such water suppliers to keep identifying information on any user of water service; to require public or private water suppliers to seek reimbursement for unpaid charges only from the person who incurred the charges; to provide for limited liens for unpaid charges for water service furnished; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding immediately following Code Section 36-60-15 a new Code Section 36-60-16 to read as follows: "36-60-16. (a) No public or private water supplier shall refuse to supply water to any single or multifamily residential property to which water has been furnished through the use of a separate water meter for each residential unit on application of the owner or new resident tenant of the premises because of the indebtedness of a prior owner, prior occupant, or prior lessee to the water supplier for water previously furnished to such premises.

THURSDAY, MARCH 19, 1992

2883

(b) For each new or current account to supply water to any premises or property, the public or private water supplier shall maintain a record of identifying information on the user of the water service and shall seek reimbursement of unpaid charges for water service furnished initially from the person who incurred the charges.
(c) A public or private water supplier shall not impose a lien against real property to secure unpaid charges for water furnished unless the owner of such real property is the person who incurred the charges."
Section 2. This Act shall become effective on May 1, 1992, or on the date this Act is approved by the Governor or upon its becoming law without such approval, whichever is later.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representatives Walker of the 115th and Groover of the 99th moves to amend the Floor substitute to SB 10 as follows:
By adding a new subsection (d) after line 13 on page 2 to read as follows: "(d) A public or private supplier of gas, or garbage or sewerage service, or electricity shall not impose a lien against real property to secure unpaid charges for gas, or garbage or sewerage service, or electricity unless the owner of such real property is the person who incurred the charges."
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter N Cauthorn

Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M
Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green

Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J Y Heard
Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong

YLord Lucas
YMann N Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag

Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper N Smith,L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S N Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas,N

2884

JOURNAL OF THE HOUSE,

Thurmond Y Titus Y Tolbert
Townsend

Turnquest Y Twiggs
Valenti Y Vaughan

Y Walker.J Y Walker.L Y Wall Y Watson

Y Watts Y White Y Wilder Y Williams.B

Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Thurmond of the 67th and Irwin of the 57th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 949. By Representatives Dunn of the 73rd, Murphy of the 18th, Lee of the 72nd, Buck of the 95th, Reaves of the 147th and others: A resolution relative to the placing of a portrait of the Honorable James Crawford Ware in the north anteroom of the House of Representatives; to invite Mrs. Louise Dye Ware to appear before the House of Representatives.

The following Committee substitute was read and adopted:

A RESOLUTION Relative to the placing of a portrait of the Honorable James Crawford Ware in the north anteroom of the House of Representatives; to invite Mrs. Louise Dye Ware to appear before the House of Representatives; and for other purposes. WHEREAS, Honorable James Crawford Ware, one of the most distinguished, respected, and revered members of the House of Representatives, passed from this life on August 18, 1991; and WHEREAS, Honorable Crawford Ware remained true to the esteemed family tradi tion of public service first established by his great-great-grandfather, Henry Ware, Sr., and carried forth through generations by his great-grandfathers, John Mims Ware and Mordecai Shackleford, his grandfather, James Britton Ware, and his father, Rigdon Mims Ware; and WHEREAS, Honorable Crawford Ware served as a member of the House of Represen tatives continuously since 1961 representing Troup, Heard, and Coweta counties; and WHEREAS, by the time' he was elected to the House of Representatives, Honorable Crawford Ware had already established a reputation for heroism during his military ser vice in World War II, receiving a Unit Citation for Meritorious Service and the EuropeanAfrican-Middle Eastern Theater Ribbon with three bronze stars; and WHEREAS, his leadership ability and adherence to the principles of honesty and fair ness were readily recognized, and he steadily rose to positions of influence, serving as the chairman of the State of Republic Committee from 1963 to 1966, the Defense and Veter ans Affairs Committee from 1967 to 1974, and the Insurance Committee from 1974 until his untimely passing; and WHEREAS, in addition to his numerous responsibilities as a committee chairman, he contributed his analytical abilities regarding budgetary matters and seasoned insight into the complicated network of state government as a member of the Appropriations Commit tee since 1962 and the Rules Committee since 1963; and WHEREAS, he consistently demonstrated an expert knowledge of the business of insurance and a keen awareness of the critical balance regulatory reforms must achieve in

THURSDAY, MARCH 19, 1992

2885

order to safeguard the consumer's concerns yet encourage a healthy business environment; and
WHEREAS, a fitting tribute to his national stature in the field of insurance regulation was reflected by his selection and service as President of the National Conference of Insur ance Legislators in 1989; and
WHEREAS, Honorable Crawford Ware was a trusted counselor, patient teacher, and steadfast friend to many members of this body and his integrity, wisdom, civility, and decorum are warmly recalled and shall long be remembered.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that this body, in honor and recognition of the outstanding public service of Hon orable James Crawford Ware as a member of the General Assembly and of the high ideals which he exemplified, shall place a portrait of Honorable James Crawford Ware at an appropriate location in the North Anteroom of the House of Representatives.
BE IT FURTHER RESOLVED that Mrs. Louise Dye Ware is invited to appear before the House of Representatives on a date and at a time designated by the Speaker of the House.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Mrs. Louise Dye Ware.

The Resolution, by substitute, was adopted.

SB 292. By Senators Taylor of the 12th, Harris of the 27th and Olmstead of the 26th: A bill to amend Article 2 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to preferred provider arrangements, so as to pro vide for legislative intent; to remove certain limitations regarding coinsurance percentages in preferred provider arrangements; to allow insurers to limit the number or classes of providers under a preferred provider arrangement; to provide exceptions; to provide for information to be included in subscriber certificates.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove

Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell

Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin

E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J
Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones

Y Kilgore Y King E Kingston Y Klein
Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C

2886

JOURNAL OF THE HOUSE,

Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orr
Orrock Y Padgett Y Parham

Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston
Powell.A Y Powell.C Y Presley Y Purcell Y Randall

Y Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W Y Smyre

Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thoroas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest

Y Twiggs Valenti
Y Vaughan Y Walker,J
Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Heard of the 43rd, Ladd of the 44th, Powell of the 13th and Thurmond of the 67th 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.

SR 375. By Senator Starr of the 44th: A resolution repealing certain resolution Acts which authorized the convey ance of certain parcels of state owned property, which authorized the lease of certain parcels of state owned real property, which authorized the granting of easements, irrevocable easements, or nonexclusive easements over, under, across, and through certain state owned real property for public purposes; to provide an effective date.

The following substitute, offered by Representatives Colwell of the 4th and Smith of the 78th, was read and adopted:

A RESOLUTION Repealing certain resolution Acts which authorized the conveyance of certain parcels of state owned property, which authorized the lease of certain parcels of state owned real property, which authorized the granting of easements, irrevocable easements, or nonexclusive easements over, under, across, and through certain state owned real property for public purposes, which authorized the conveyance of the state's interest in a lease agreement of certain state owned real property in Tennessee, and which requested that certain departments of state government or public authorities make certain state owned property available to other parties for public purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain parcels of real property in various locations within the state; and WHEREAS, the General Assembly, heretofore, has authorized the State of Georgia acting by and through its State Properties Commission to convey or lease such parcels of state owned real property under specified terms and conditions; and WHEREAS, such parcels of state owned real property were never conveyed or leased by the state as authorized by the General Assembly nor is there any intention on the part of the State of Georgia and other parties to contract for the conveyance or lease of such parcels of state owned real property at any time in the near future. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

THURSDAY, MARCH 19, 1992

2887

Section 1. That the Resolution (Res. Act No. 84, H.R. No. 512-1346) authorizing a lease agreement between the State of Georgia and the Veterans of Foreign Wars of the United States, Charles G. Edwards Post 660, relative to certain state owned real property located in Chatham County, Georgia, approved February 12, 1980 (Ga. L. 1980, p. 41), is repealed in its entirety.
Section 2. That the Resolution (Res. Act No. 85, H.R. No. 513-1346) requesting that the Georgia Building Authority (Hospital) and the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Resources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, make 12.26 acres of land in Chatham County, Georgia, available to Goodwill Industries of the Coastal Empire, Inc., for the purpose of their constructing and operating thereon a sheltered workshop for the handicapped and other facilities to house the programs of that organization, approved Feb ruary 12, 1980 (Ga. L. 1980, p. 43), is repealed in its entirety.
Section 3. That the Resolution (Res. Act No. 112, H.R. No. 668) authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and con vey to Chatham Service Corporation, a Georgia corporation, its successors and assigns, an irrevocable easement over, under, across, and through certain property owned or claimed by the State of Georgia and located in Savannah, Chatham County, Georgia, for the con struction, installation, operation, maintenance, repair, and replacement of berthing, dock ing, and storage facilities and improvements, including conveyor systems and loading and unloading towers, and for navigational dredging, to be used in connection with the receiv ing, storage, loading and unloading of various waterborne products, to be built over, under, across, or through such state owned or claimed properties, approved April 14, 1982 (Ga. L. 1982, p. 1333), is repealed in its entirety.
Section 4. That the Resolution (Res. Act No. 29, H.R. No. 158) authorizing and empowering the State of Georgia, acting by and through its State Properties Commission, to grant and convey to the City of Brunswick, Georgia, its successors and assigns, an ease ment in certain real property owned or claimed by the state, situated on the BrunswickAltamaha Canal in Glynn County, Georgia, for the construction, installation, operation, maintenance, repair, and replacement thereon of an expansion of the existing Academy Creek Wastewater Treatment Facility and authorizing in the easement and as a part of said construction the removal of old garbage and buried mud from said state property and the discharge of fill material onto said state property, approved March 29, 1983 (Ga. L. 1983, p. 987), is repealed in its entirety.
Section 5. That the Resolution (Res. Act No. 26, H.R. No. 72) authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to P. D. Oil & Chemical Storage, Inc., a Georgia corporation, its successors and assigns, an easement over, under, across, and through certain property owned and claimed by the state, located in Chatham County, Georgia, in the Savannah River, for the construction, installation, operation, maintenance, repair, and replacement of berthing, docking, and storage facilities and improvements to be used in connection with the receiving, storing, loading, and unloading of liquid container ships, to be built over, under, across, or through such state owned or claimed properties, and authorizing the removal and utilization of material from said state property by P. D. Oil & Chemical Storage, Inc., its successors and assigns, approved March 29, 1983 (Ga. L. 1983, p. 975), is repealed in its entirety.
Section 6. That the Resolution (Res. Act No. 51, H.R. No. 544) authorizing the con veyance of certain state owned real property located in Meriwether County, Georgia, in order to settle certain boundary line discrepancies, approved March 14, 1984 (Ga. L. 1984, p. 492), is repealed in its entirety.
Section 7. That the Resolution (Res. Act No. 33, H.R. No. 120) authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Acworth an easement over, under, across, and through certain property

2888

JOURNAL OF THE HOUSE,

owned by the State of Georgia and located in Cobb County, Georgia, for highway and city improvements by the construction, installation, operation, maintenance, repair, improve ment, or replacement of retaining walls, roads, and utilities and sewerage and drainage sys tems for these improvements, approved March 28, 1985 (Ga. L. 1985, p. 583), is repealed in its entirety.
Section 8. That the Resolution (Res. Act No. 79, H.R. No. 507) authorizing the con veyance of the State of Georgia's interest in a 99 year Lease Agreement of certain state owned real property located in Hamilton County, Tennessee, approved March 31, 1986 (Ga. L. 1986, p. 540), is repealed in its entirety.
Section 9. That the Resolution (Res. Act No. 71, H.R. No. 591) authorizing the leas ing of certain state owned property located in the City of Atlanta, Fulton County, Georgia, approved March 13, 1988 (Ga. L. 1988, p. 778), is repealed in its entirety.
Section 10. That the Resolution (Res. Act No. 47, H.R. No. 578) authorizing the con veyance of certain state owned property located in Hamilton County, Tennessee, to Hamilton County, Tennessee, and the City of Chattanooga, Tennessee (a portion of which is subject to a lease with the Norfolk Southern Railway Company), under certain condi tions and repealing a specific article of another Act, approved March 10, 1988 (Ga. L. 1988, p. 181), is repealed in its entirety.
Section 11. That the Resolution (Res. Act No. 54, S.R. No. 367) authorizing the con veyance of certain state owned real property located in Gordon County, Georgia, approved March 15, 1988 (Ga. L. 1988, p. 196), is repealed in its entirety.
Section 12. That the Resolution (Res. Act No. 10, H.R. No. 165) authorizing the con veyance of certain state owned real property located in White County, Georgia, approved April 4, 1989 (Ga. L. 1989, p. 708), is repealed in its entirety.
Section 13. That this resolution shall become effective upon its approval by the Gov ernor or upon its becoming law without such approval.
Section 14. That all laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams
Aiken Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush

Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M

Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J

Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King E Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long

Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C
Oliver.M Y Orr Y Orrock Y Padgett Y Parham

THURSDAY, MARCH 19, 1992

2889

Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor

Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan

Y Walker,J Walker.L
Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 158, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representatives Heard of the 43rd and Thurmond of the 67th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Mueller of the 126th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 445. By Senator Pollard of the 24th: A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to prior service credit and payments required to obtain credit in the Employees' Retirement System of Georgia, so as to provide that cer tain members shall be entitled to creditable service for employment by the Judicial Council of Georgia; to provide for employee contributions; to provide for related matters; to provide conditions for an effective date and automatic repeal.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd

Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards

Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall

2890

JOURNAL OF THE HOUSE,

YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S

Y Stanley Streat
Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus

Y Tolbert Townsend
Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall

Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R 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.

Representative Thurmond of the 67th 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.

SR 408. By Senators Hammill of the 3rd and Echols of the 6th: A resolution authorizing the conveyance of certain state owned real property located in Glynn 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 fol lows:

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard
Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry i Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 164, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, MARCH 19, 1992

2891

Representative Thurmond of the 67th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 538. By Representatives Thomas of the 31st, Sinkfield of the 37th, Oliver of the 53rd, Williams of the 48th, Turnquest of the 56th and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require individual and group accident and sickness insurance coverage of mammograms and Pap smears.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Retirement and referred to the Committee on State Planning and Community Affairs - Local.

SB 789. By Senator Tysinger of the 41st: A bill to amend an Act providing for the protection of pension rights of county officers and employees of certain counties of this state so as to change the population figure; to provide an effective date.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Retirement and referred to the Committee on State Planning and Community Affairs - Local.

SB 792. By Senator Tysinger of the 41st: A bill to amend an Act applying to counties having a population of 500,000 or more by the United States Census of 1960 or any future United States census whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen so as to change the population figure to 600,000 and the census date to 1990; to provide an effective date.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Retirement and referred to the Committee on State Planning and Community Affairs - Local.

SB 795. By Senator Tysinger of the 41st: A bill to amend Code Section 47-2-296 of the Official Code of Georgia Anno tated, relating to county probation system employees, so as to change the population figure designating counties in which certain employees of the county probation system are to continue as members of a local retirement system.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

2892

JOURNAL OF THE HOUSE,

SB 159. By Senators Olmstead of the 26th and Albert of the 23rd: A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license.

The following Committee substitute was read:

A BILL To amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for subsequent convictions of the practice of dentistry without a license; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, is amended by striking in its entirety Code Section 43-11-50, relating to the penalty for the practice of dentistry without a license, and inserting in lieu thereof a new Code Section 43-11-50 to read as follows: "43-11-50. Any person who practices dentistry in this state without obtaining a license to practice from the board shall be guilty of a misdemeanor upon conviction for the first such offense, a high and aggravated misdemeanor upon conviction for the sec ond such offense, and a felony upon conviction for the third such offense." Section 2. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to House Rule 134, Representative Henson of the 57th asked to be excused from voting on SB 159.

The following amendment was read:

Representative Jackson of the 9th moves to amend the Committee substitute to SB 159 as follows:
By deleting on page 1, line 20 and 21 and by adding after the word second on line 19 "and subsequent offense".

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Abernathy N Adams Y Aiken
Alford Y Ashe N Atkins
Baker N Balkcom Y Barfoot Y Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux

Y Bostick Y Branch Y Breedlove
Brooks N Brown N Brush N Buck N Buckner Y Byrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers

Y Clark.E Y Clark.L N Coker N Coleman Y Colwell
Connell N Culbreth Y Cummings,B N Cumminga.M N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs Y Dover
Dunn Y Edwards

Y Elliott Felton
N Fennel N Floyd.J.M N Floyd.J.W Y Flynt Y Godbee N Golden N Goodwin E Green N Greene Y Griffin Y Groover N Hamilton N Hammond N Manner Y Harris.B N Harris.J

Y Heard Henson
N Herbert N Holland Y Holmes N Howard Y Hudson N Irwin Y Jackson
Jamieson Y Jenkins Y Jones N Kilgore N King E Kingston Y Klein N Ladd Y Lane.D

THURSDAY, MARCH 19, 1992

2893

N Lane.R Y Langford Y Lawrence Y Lawson NLee
Long NLord
Lucas Y Mann
Martin N McBee N McCoy N McKelvey
McKinney,B N McKinney,C
Y Meadows N Merritt N Milam

N Mills Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M NOrr N Orrock N Padgett N Parham N Parrish
Patten N Pelote N Perry N Pettit N Pinholster

N Pinkston YPoag N Porter N Poston Y Powell.A Y Powell.C Y Presley N Purcell N Randall NRay
Reaves Redding N Ricketson Y Royal Selman N Sherrill N Simpson N Sinkfield

N Skipper Y Smith.L N Smith.P
Smith.T N Smith.W N Smyre NSnow N Stancil.F N Stancil.S N Stanley
Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond Y Titus

On the adoption of the amendment, the ayes were 51, nays 103. The amendment was lost.

N Tolbert N Townsend
Turnquest Y Twiggs
Valenti Y Vaughan
Walker,J N Walker.L N Wall N Watson Y Watts
White N Wilder N Williams.B
Williams,J N Williams.R Y Yeargin
Murphy.Spkr

The following amendment was read:

Representatives Yeargin of the 14th and Clark of the 13th move to amend the Commit tee substitute to SB 159 as follows:
Line 20 page 1 remove the word "such" and add the word "and subsequent" and remove the word "felony" and add "$5,000.00 fine" and strike the word "third".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken
Alford Y Ashe N Atkins
Baker N Balkcom N Barfoot Y Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux Y Bostick N Branch Y Breedlove N Brooks
Brown N Brush N Buck N Buckner Y Byrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers

Y Clark.E Y Clark.L N Coker N Coleman Y Colwell
Connell N Culbreth Y Cummings.B N Cummings.M Y Davis.D N Davis.G N Davis.M N Dixon.H N Dixon.S N Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton N Fennel N Floyd.J.M N Floyd,J.W Y Flynt Y Godbee N Golden N Goodwin E Green N Greene Y Griffin Y Groover N Hamilton N Hammond N Manner N Harris.B N Harris.J

N Heard Henson
N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson
Jamieson N Jenkins N Jones N Kilgore NKing E Kingston Y Klein NLadd Y Lane.D N Lane.R Y Langford Y Lawrence N Lawson N Lee
Long N Lord
Lucas YMann
Martin N McBee N McCoy N McKelvey
McKinney,B N McKinney.C Y Meadows N Merritt N Milam

N Mills Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M N Orr N Orrock N Padgett N Parham N Parrish
Patten N Pelote N Perry N Pettit N Pinholster N Pinkston N Poag N Porter N Poston Y Powell.A Y Powell.C Y Presley N Purcell N Randall NRay
Reaves Redding N Ricketson Y Royal Selman N Sherrill N Simpson Y Sinkfield

N Skipper Y Smith.L N Smith.P
Smith.T N Smith.W N Smyre N Snow N Stancil.F N Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond Y Titus N Tolbert N Townsend
Turnquest Y Twiggs
Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson Y Watts
White N Wilder N Williams.B
Williams.J N Williams.R Y Yeargin
Murphy.Spkr

2894

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 40, nays 116. The amendment was lost.

The following amendment was read:

Representatives Streat of the 139th and Coleman of the 118th move to amend the Committee on Health and Ecology substitute to SB 159 by inserting on line 5 of page 1, immediately after the following:
"license;", the following:
"to amend Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to licensing requirements for persons engaged in practice of medicine, so as to authorize certain provisional licenses to practice medicine under certain conditions in certain areas for persons who have completed studies at certain nonapproved medical schools; to pro vide for the revocation of such provisional licenses; to provide for other related matters; to provide an effective date;".
By inserting between lines 21 and 22 of page 1 the following: "Section 2. Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to licensing requirements for persons engaged in practice of medicine, is amended by adding at its end a new subsection (c) to read as follows:
'(c) Notwithstanding any other contrary provisions of this Code section, a person who has:
(1) Completed the academic curriculum in residence in a nonapproved medical school, as specified in subsection (b) of this Code section;
(2) Completed one year of supervised clinical training in a teaching hospital in Georgia that is approved by the board;
(3) Satisfactorily completed one year of a board approved internship or resi dency training program in Georgia that is approved by the board;
(4) Received a favorable letter of recommendation from the program director of such board approved internship or residency program; and
(5) Satisfactorily completed components 1 and 2 of the Federation Licensing Examination (FLEX) shall be eligible to apply for a provisional license to practice medicine during the com pletion of such person's board approved internship or residency training program. Such provisional license, if approved by the board, shall allow the holder to practice medicine in a Health Professional Shortage Area designated as such by the United States Department of Health and Human Services, based on recommendations by the Georgia State Health Planning Agency. Such a provisional license shall not be approved pursuant to this subsection for more than two years and if the licensee leaves, quits, or is expelled from the approved residency program, the provisional license shall be deemed to be revoked. Such provisional license shall be issued only upon approval by the board and nothing contained herein shall be construed to require the issuance of such license.' Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval." By renumbering Section 2 as Section 4.

THURSDAY, MARCH 19, 1992

2895

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford N Ashe N Atkins
Baker N Balkcom Y Barfoot Y Bargeron N Barnett.B N Barnett.M N Bates Y Beatty Y Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove N Brooks N Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell N Carter N Cauthorn N Chafin Y Chambless N Cheeks Y Childers

N Clark.E Y Clark.L N Coker Y Coleman Y Colwell
Connell N Culbreth Y Cummings.B Y Cummings,M N Davis.D N Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards N Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee N Golden Y Goodwin E Green
Greene Y Griffin Y Groover Y Hamilton N Hammond Y Manner Y Harris.B Y Harris.J

Heard N Henson Y Herbert Y Holland Y Holmes N Howard Y Hudson N Irwin N Jackson
Jamieson Y Jenkins N Jones Y Kilgore NKing E Kingston N Klein N Ladd N Lane.D Y Lane.R N Langford Y Lawrence N Lawson Y Lee
Long Y Lord N Lucas N Mann
Martin Y McBee N McCoy N McKelvey Y McKinney.B N McKinney.C Y Meadows N Merritt Y Milam

N Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C N Oliver.M N Orr Y Orrock N Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Y Pettit N Pinholster Y Pinkston NPoag N Porter Y Poston Y Powell.A Y Powell.C Y Presley N Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Selman Y Sherrill N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 91, nays 64. The amendment was adopted.

Y Skipper N Smith.L N Smith.P Y Smith.T N Smith.W Y Smyre N Snow N Stancil.F N Stancil.S N Stanley Y Streat Y Taylor Y Teper Y Thomas.C N Thomas.M Y Thomas.N Y Thurmond
Titus N Tolbert N Townsend
Turnquest
Y Twiggs Valenti
N Vaughan Walker ,J Walker ,L
N Wall Y Watson Y Watts
White N Wilder N Williams.B
Williams,J N Williams.R Y Yeargin
Murphy,Spkr

The following amendment was read:
Representative Yeargin of the 14th moves to amend the Committee substitute to SB 159 as follows:
On line 21 add: "The fitting and making dentures does not constitute the practice of dentistry".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford N Ashe N Atkins
Baker Y Balkcom N Barfoot Y Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty

N Benefield Y Birdsong
Y Blitch N Bordeaux Y Bostick N Branch Y Breedlove Y Brooks N Brown N Brush NBuck N Buckner N Byrd N Campbell

Y Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers Y Clark.E Y Clark.L N Coker N Coleman Y Colwell
Connell

N Culbreth Y Cummings.B N Cummings.M Y Davis.D Y Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs Y Dover
Dunn Y Edwards N Elliott
Felton

N Fennel N Floyd.J.M N Floyd.J.W N Flynt Y Godbee N Golden N Goodwin E Green N Greene Y Griffin Y Groover N Hamilton N Hammond N Hanner

2896

JOURNAL OF THE HOUSE,

N Harris.B N Harris,J N Heard
Henson N Herbert Y Holland N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson Y Jenkins N Jones N Kilgore N King E Kingston Y Klein N Ladd N Lane,D N Lane.R Y Langford

Y Lawrence N Lawson NLee
Long NLord N Lucas N Mann
Martin N McBee N McCoy N McKelvey N McKinney.B Y McKinney.C Y Meadows N Merritt Y Milam N Mills N Mobley Y Moody N Morsberger N Moultrie Y Mueller

N Oliver.C N Oliver.M NOrr Y Orrock N Padgett N Parham N Parrish
Patten N Pelote Y Perry N Pettit N Pinholster N Pinkston YPoag N Porter Y Poston N Powell,A Y Powell.C Y Presley N Purcell N Randall YRay

Reaves Redding N Ricketson Y Royal Setman N Sherrill N Simpson Y Sinkfield N Skipper Y Smith.L N Smith.P Smith.T N Smith.W N Smyre N Snow N Stancil.F N Stancil.S N Stanley Y Streat Y Taylor Y Teper N Thomas.C

On the adoption of the amendment, the ayes were 50, nays 108. The amendment was lost.

N Thomas.M N Thomas.N N Thurmond Y Titus N Tolbert N Townsend
Turnqueat Twiggs Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson Y Watts White N Wilder N Williams.B Williams,J N Williams.R Y Yeargin Murphy.Spkr

The following amendment was read:

Representatives Watts of the 41st and Holland of the 136th move to amend the Com mittee substitute to SB 159 as follows:
Page 1 line 21 after the word offense add the following: This Code section will not apply to any person engaging solely in fitting for and con structing and installing dentures.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford N Ashe N Atkins
Baker Y Balkcom N Barfoot Y Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty N Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick N Branch Y Breedlove N Brooks N Brown N Brush NBuck N Buckner N Byrd N Campbell Y Canty N Carrell N Carter

N Cauthorn N Chafin N Chambless N Cheeks N Childers Y Clark.E N Clark.L N Coker
Coleman Y Colwell
Connell N Culbreth Y Cummings.B N Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H N Dixon.S N Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Y Fennel N Floyd.J.M Y Floyd,J.W N Flynt Y Godbee N Golden

N Goodwin E Green N Greene Y Griffin Y Groover N Hamilton N Hammond N Hanner N Harris.B N HarrisJ N Heard
Henson N Herbert Y Holland Y Holmes N Howard Y Hudson N Irwin N Jackson
Jamieson Y Jenkins N Jones N Kilgore NKing E Kingston Y Klein NLadd Y Lane.D Y Lane.R N Langford Y Lawrence

N Lawson NLee
Long NLord N Lucas YMann
Martin N McBee Y McCoy N McKelvey N McKinney.B N McKinney.C Y Meadows N Merritt Y Milam N Mills Y Mobley Y Moody N Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M NOrr Y Orrock N Padgett N Parham N Parrish
Patten N Pelote Y Perry

N Pettit N Pinholster N Pinkston YPoag N Porter Y Poston N Powell.A Y Powell.C Y Presley N Purcell N Randall YRay
Reaves Redding N Ricketson Y Royal Selman N Sherrill N Simpson Y Sinkfield N Skipper Y Smith.L N Smith.P Smith.T N Smith.W N Smyre NSnow N Stancil.F N Stancil.S N Stanley Y Streat

THURSDAY, MARCH 19, 1992

2897

Y Taylor Y Teper N Thomas.C N Thomas.M Y Thomas.N

N Thurmond Y Titus N Tolbert N Townsend
Turnquest

Twiggs Valenti N Vaughan N Walker,J N Walker.L

N Wall N Watson Y Watts
White N Wilder

N Williams.B Williams,J
N Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 58, nays 98. The amendment was lost.

The following amendment was read:

Representatives Aiken of the 21st, Ray of the 98th and Holland of the 136th move to amend the Committee substitute to SB 159 by adding on line 5 of page 1 after the semicolon and before the word "to" the following:
"to provide for construction;". By adding before the period at the end of line 21 of page 1 the following: "j provided, however, that the fitting of dentures or other dental appliances under the supervision of a licensed dentist shall not be construed as j^ violation of this Code section".

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Abernathy N Adams Y Aiken
Alford N Ashe N Atkins
Baker Y Balkcom N Barfoot Y Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty N Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick N Branch Y Breedlove Y Brooks N Brown N Brush N Buck N Buckner N Byrd N Campbell Y Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers

Y Clark.E N Clark.L N Coker N Coleman Y Colwell
Connell N Culbreth N Cummings.B N Cummings,M Y Davis.D Y Davis.G N Davis.M N Dixon.H N Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott Felton Y Fennel N FloydJ.M N Floyd,J.W Y Flynt Y Godbee N Golden Y Goodwin E Green N Greene Y Griffin Y Groover N Hamilton N Hammond N Hanner N Harris.B N Harris.J

Y Heard Henson
N Herbert Y Holland Y Holmes N Howard Y Hudson N Irwin N Jackson Y Jamieson Y Jenkins N Jones N Kilgore NKing E Kingston Y Klein NLadd Y Lane.D Y Lane.R N Langford Y Lawrence N Lawson NLee
Long NLord N Lucas Y Mann
Martin N McBee N McCoy N McKelvey N McKinney.B N McKinney.C Y Meadows N Merritt Y Milam

N Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M NOrr Y Orrock N Padgett N Parham N Parrish
Patten N Pelote Y Perry N Pettit N Pinholster N Pinkston Y Poag N Porter Y Poston N Powell,A Y Powell.C Y Presley N Purcell N Randall YRay
Reaves Redding N Ricketson Y Royal Selman N Sherrill N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 65, nays 92. The amendment was lost.

N Skipper Smith.L
N Smith.P Smith.T
Y Smith.W N Smyre N Snow N Stancil.F N Stancil.S Y Stanley
Street Y Taylor Y Teper N Thomas.C N Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J N Walker.L N Wall Y Watson Y Watts
White N Wilder N Williams.B
Williams ,J N Williams.R Y Yeargin
Murphy.Spkr

2898

JOURNAL OF THE HOUSE,

Representative Walker of the 113th 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:

Representatives Aiken of the 21st, Ray of the 98th and Holland of the 136th move to amend the Committee substitute to SB 159 by adding on line 5 of page 1 after the semicolon and before the word "to" the following:
"to provide for construction;". By adding before the period at the end of line 21 of page 1 the following: "; provided, however, that the fitting of dentures or other dental appliances under the direct supervision of a licensed dentist shall not be construed as a violation of this Code section".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken
Alford N Ashe N Atkins
Baker Y Balkcom N Barfoot Y Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty N Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks N Brown N Brush NBuck Y Buckner NByrd N Campbell Y Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks Y Childers

Y Clark.E Y Clark,L N Coker
Coleman Y Colwell
Connell N Culbreth N Cummings.B N Cummings.M N Davis.D Y Davis.G N Davis.M Y Dixon.H N Dixon,S Y Dobbs Y Dover
Dunn Y Edwards N Elliott
Felton Y Fennel N Floyd,J.M N Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin E Green N Greene Y Griffin Y Groover N Hamilton N Hammond N Manner N Harris.B N Harris.J

N Heard Henson
N Herbert Y Holland Y Holmes N Howard N Hudson N Irwin N Jackson
Jamieson Y Jenkins Y Jones N Kilgore N King E Kingston Y Klein NLadd Y Lane.D Y Lane.R N Langford N Lawrence N Lawson NLee
Long NLord N Lucas YMann
Martin N McBee N McCoy Y McKelvey N McKinney.B N McKinney.C Y Meadows N Merritt Y Milam

N Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M N Orr Y Orrock N Padgett N Parham N Parrish
Patten N Pelote Y Perry N Pettit N Pinholster N Pinkston YPoag N Porter Y Poston N Powell.A Y Powell.C Y Presley N Purcell N Randall YRay
Reaves Redding N Ricketson Y Royal Selman N Sherrill N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 60, nays 98. The amendment was lost.

N Skipper Smith.L
N Smith.P Smith.T
N Smith.W N Smyre N Snow N Stancil.F N Stancil.S N Stanley N Streat Y Taylor Y Teper N Thomas.C N Thomas,M Y Thomas.N N Thurmond Y Titus N Tolbert Y Townsend
Turnquest Y Twiggs N Valenti N Vaughan N Walker,J N Walker.L N Wall N Watson Y Watts
White N Wilder N Williams.B
Williams.J N Williams.R Y Yeargin
Murphy,Spkr

Representative Watts of the 41st moved to table SB 159. On the motion, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken

Alford N Ashe N Atkins

Baker Y Balkcom N Barfoot

N Bargeron Y Barnett.B N Barnett.M

N Bates Y Beatty N Benefield

THURSDAY, MARCH 19, 1992

2899

Y Birdsong Y Blitch N Bordeaux
Bostick N Branch Y Breedlove Y Brooks N Brown N Brush NBuck N Buckner NByrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless N Cheeks N Childers Y Clark.E N Clark.L N Coker N Coleman Y Colwell
Connell N Culbreth Y Cummings.B N Cummings.M Y Davis.D N Davis.G N Davis.M

N Dixon.H N Dixon.S N Dobbs Y Dover
Dunn N Edwards N Elliott
Felton Y Fennel N Floyd,J.M Y Floyd.J.W N Flynt N Godbee N Golden N Goodwin E Green N Greene Y Griffin Y Groover N Hamilton N Hammond N Manner N Harris.B N Harris,J N Heard
Henson N Herbert Y Holland N Holmes N Howard N Hudson N Irwin N Jackson

N Jamieson Y Jenkins N Jones N Kilgore NKing E Kingston Y Klein N Ladd Y Lane.D N Lane.R Y Langford N Lawrence N Lawson NLee
Long N Lord N Lucas Y Mann
Martin N McBee Y McCoy N McKelvey N McKinney.B N McKinney.C Y Meadows N Merritt Y Milam N Mills N Mobley Y Moody N Morsberger N Moultrie Y Mueller

On the motion, the ayes were 43, nays 119. The motion was lost.

N Oliver.C N Oliver.M NOrr Y Orrock N Padgett N Parham N Parrish
Patten N Pelote Y Perry N Pettit N Pinholster N Pinkston YPoag N Porter Y Poston N Powell.A Y Powell.C Y Presley N Purcell N Randall YRay
Reaves Redding N Ricketson Y Royal Selman N Sherrill N Simpson Y Sinkfield N Skipper Y Smith.L N Smith.P

N Smith.T N Smith.W N Smyre N Snow N Stancil.F N Stancil.S N Stanley N Streat Y Taylor N Teper N Thomas.C N Thomas.M Y Thomas.N N Thurmond Y Titus N Tolbert N Townsend N Turnquest N Twiggs N Valenti N Vaughan N Walker.J N Walker.L N Wall N Watson Y Watts
White N Wilder N Williams.B
Williams.J N Williams.R Y Yeargin
Murphy.Spkr

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty Y Benefield N Birdsong N Blitch Y Bordeaux Y Bostick Y Branch N Breedlove N Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd

Y Campbell Y Canty Y Carrell Y Carter N Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman N Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards

Y Elliott Y Felton N Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene N Griffin N Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard
Henson Y Herbert N Holland N Holmes Y Howard Y Hudson Y Irwin Y Jackson

Y Jamieson N Jenkins Y Jones Y Kilgore YKing E Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas N Mann
Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C N Meadows N Merritt N Milam

Y Mills Y Mobley N Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orr N Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote N Perry Y Pettit Y Pinholster Y Pinkston N Poag Y Porter N Poston Y Powell.A Y Powell.C N Presley N Purcell Y Randall

2900

JOURNAL OF THE HOUSE,

N Ray Reaves Redding
Y Ricketson N Royal
St-lman Y Sherrill Y Simpson N Sinkfield

Y Skipper N Smith.L Y Smith.P Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S

Y Stanley Y Streat N Taylor Y Teper Y Thomas.C Y Thomaa.M Y Thomas.N Y Thurmond N Titus

Y Tolbert Y Townsend
Turnquest N Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall

Y Watson N Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 127, nays 36. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Ray of the 98th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 159.

The following Resolutions of the House were read and adopted:

HR 1088.

By Representatives Streat of the 139th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd and Coleman of the 118th: A resolution urging Governor Zell Miller to proclaim "Georgia Appreciation Day".

HR 1089. By Representative Walker of the 115th: A resolution recognizing and commending participants in "Workshops to Pre pare Court Futures in Georgia".

Representative Kilgore of the 42nd District, Chairman of the Committee on Educa tion, 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 488 Do Pass, by Substitute SB 507 Do Pass SB 533 Do Pass SB 591 Do Pass

SB 622 Do Pass, by Substitute SB 721 Do Pass, by Substitute SB 769 Do Pass, by Substitute SB 784 Do Pass

Respectfully submitted, /s/ Kilgore of the 42nd
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 630 Do Pass

THURSDAY, MARCH 19, 1992

2901

Respectfully submitted, /s/ Balkcom of the 140th
Chairman

Representative Holmes of the 28th District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 527 Do Pass SB 740 Do Pass SB 802 Do Pass SB 754 Do Pass

SB 796 Do Pass SB 807 Do Pass SB 684 Do Pass

Respectfully submitted, /s/ Holmes of the 28th
Chairman

Representative Lucas of the 102nd 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 fol
lowing Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 614 Do Pass SB 615 Do Pass
Respectfully submitted, /s/ Lucas of the 102nd
Chairman

Representative Dunn of the 73rd District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

Your Committee on Insurance has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 1074 Do Pass SB 677 Do Pass, by Substitute

SB 701 Do Pass, by Substitute SB 786 Do Pass

Respectfully submitted, /s/ Dunn of the 73rd
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

2902

JOURNAL OF THE HOUSE,

Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 496 Do Pass, by Substitute SB 554 Do Pass SB 670 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker: Your Committee on Rules has had under consideration the following Bill of the Sen
ate and has instructed me to report the same back to the House with the following recom mendation:
SB 791 Do Pass Respectfully submitted,
/s/ Lee of the 72nd Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bills
of the Senate and has instructed me to report the same back to the House with the follow ing recommendations:
SB 834 Do Pass, by Substitute SB 526 Do Pass
Respectfully submitted, /s/ Randall of the 101st
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker: Your Committee on State Planning & Community Affairs 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 144 Do Pass, by Substitute Respectfully submitted,
/s/ Lane of the 27th Chairman

Representative Walker of the 115th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.

THURSDAY, MARCH 19, 1992

2903

The Speaker Pro Tern announced the House adjourned until 9:00 o'clock, tomorrow morning.

2904

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, March 20, 1992

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. J. Edward Salter, Pastor, First Baptist Church, Redan, Georgia.
The members pledged allegiance to the flag.
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.
The following communication was received:
House of Representatives Legislative Office Building,
Room 401E Atlanta, Georgia 30334
March 19, 1992 Dear Mr. Rivers,
I would respectfully request that you lock my machine on March 20, 1992. I will not be able to be present for the entire session on that day due to personal business commit ments.
Thank you for your kind assistance. /s/John W. Hammond District 20th
By unanimous consent, the following Resolution of the House was introduced, read the first time and referred to the committee:

FRIDAY, MARCH 20, 1992

2905

HR 1090. By Representatives Buckner of the 72nd, Lee of the 72nd, Jenkins of the 80th, Irwin of the 57th and Dover of the llth: A resolution urging a campaign to educate adults regarding gun safety train ing for children.
Referred to the Committee on Rules.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 2144 HB 2145 HB 2146 HB 2147 HB 2148 HB 2149 HB 2150

HB 2151 HB 2152 HB 2153 HB 2154 HR 1085 SB 842

Representative Dunn of the 73rd District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker: Your Committee on Insurance has had under consideration the following Bills of the
Senate and has instructed me to report the same back to the House with the following recommendations:
SB 723 Do Pass, as Amended SB 724 Do Pass, by Substitute SB 747 Do Pass, by Substitute
Respectfully submitted, /s/ Dunn of the 73rd
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker: Your Committee on Natural Resources and Environment has had under consideration
the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 523 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 Bill of
the Senate and has instructed me to report the same back to the House with the following recommendation:

2906

JOURNAL OF THE HOUSE,

SB 750 Do Pass, by Substitute

Respectfully submitted, /s/ Twiggs of the 4th
Chairman

Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker: Your Committee on Regulated Beverages has had under consideration the following
Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 728 Do Pass, by Substitute SB 774 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the 151st
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of
the House and has instructed me to report the same back to the House with the following recommendations:
HR 1075 Do Pass HR 1087 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 2049 Do Pass HB 2070 Do Pass HB 2078 Do Pass, by Substitute HB 2080 Do Pass, by Substitute HB 2081 Do Pass

HB 2086 Do Pass HB 2087 Do Pass HB 2090 Do Pass, by Substitute SB 726 Do Pass HB 2091 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

The following report of the Committee on Rules was read and adopted:

FRIDAY, MARCH 20, 1992

2907

HOUSE RULES CALENDAR FRIDAY, MARCH 20, 1992
Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 35th Legislative Day as enu
merated below: HR 1074 Health insurance; private plans; urge Insurance Department review HR 1075 House Communications Technology Study Committee; create HR 1087 Women's fastpitch softball prog in sch; urge ath assn offer SB 144 State contracts; minority businesses; certification SB 495 Marriage ceremonies; persons performing; compensation SB 522 Ga Safe Dams Act; certain orders; filing requirements SB 529 Trial Judges & Solicitors Ret; members over 70; failure to retire SB 535 Regulatory agencies; comprehensively revise provisions SB 543 Georgia Prescribed Burning Act; enact SB 554 Probate court; chief clerk as judge; compensation SB 595 Georgia Emergency Management Agency; create SB 616 Bus shelters on public rights of way; transit system erect SB 618 Governor's Ground-water Advisory Council; create SB 670 Fiduciary powers; incorporation by citation; repealed statute SB 672 Trout waters without seasons; add certain streams SB 680 Medicaid; certificate of need; certain facilities; participation SR 407 Certain counties; convey property SR 414 Fulton County; convey property SR 490 Auto industry; imposition of cert standards; urge Congress reject
Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted,
/s/ Lee of the 72nd Chairman

By unanimous consent, the following Bills of the House and Senate were introduced, read the first time and referred to the committees:

HB 2049.

By Representatives Breedlove of the 60th, Barnett of the 59th, Mobley of the 64th, Wall of the 61st and Orr of the 9th: A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to reapportion the commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 2070.

By Representatives Williams of the 90th, Padgett of the 86th and Connell of the 87th: A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2908

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 133, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 2078.

By Representative Floyd of the 135th: A bill to amend an Act establishing the membership of the Board of Educa tion of Dooly County, so as to provide new education districts for the elec tion of members of the board.

The following Committee substitute was read and adopted:

A BILL To amend an Act establishing the membership of the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended by an Act approved April 9, 1981 (Ga. L. 1981, p. 4463), so as to provide new education districts for the elec tion of members of the board; to provide for definitions and inclusions; to provide that current members of the board shall serve for terms consistent with and from districts pro vided in the order of the United States District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER; to provide for the election of successors to the cur rent members of the board; to provide for submission of this Act to the United States Attorney General for approval; to provide for legislative intent; to provide for conditional repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the membership of the Board of Education of Dooly County, approved April 6, 1967 (Ga. L. 1967, p. 2922), as amended by an Act approved April 9, 1981 (Ga. L. 1981, p. 4463), is amended by striking Section 1 in its entirety and inserting in its place a new Section 1 to read as follows: "Section 1. (a) The board of education of Dooly County shall be composed of five members. For the purposes of electing the members of the board of education, the Dooly County school district shall be divided into five education districts described as follows: Education District: 1
DOOLY COUNTY VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 104, 105, 106, 107, 109, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 148, 149, 158, 159, 172, 173, 178, 180, 181, 182, 183, 188, 189 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 122, 124, 147, 150, 151, 152, 153, 154, 155, 156, 157, 160, 161, 162, 163, 164, 165, 171, 201 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 176, 330A, 331A, 336, 341, 342, 343, 344, 345, 346, 348, 349, 351, 355, 361, 362B, 364, 365, 366, 367A, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384A, 384B, 389A Tract: 9703. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 123, 125, 126, 127 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701.

FRIDAY, MARCH 20, 1992

2909

Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 137A, 137B, 138A, 138B, 138C, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151A, 151B, 152, 153, 154, 155, 156, 157, 158, 159, 172, 173, 174, 175, 195, 196, 197A, 197B, 201A, 201B, 202B, 228B, 229A, 229B, 231, 233, 234, 279A, 279B, 280B, 283, 284, 302B, 303B, 304B, 305, 306, 307, 337, 338, 339, 340, 347
Education District: 2 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 313B, 316, 317, 318, 319, 320, 321, 323, 324, 325, 326, 327, 343B, 344B, 345B VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 301, 302, 303, 304, 305, 306, 307, 312 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 209, 210, 211, 216, 217, 218, 219, 220, 221, 222, 265, 266, 267, 268, 269, 270, 272, 312 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 320, 325, 326, 327, 328, 329, 330B, 331B, 332A, 332B, 333, 334A, 334B, 335A, 362A, 363, 367B, 385, 386, 387A, 387B, 388, 389B, 390, 391, 392, 393, 394, 395, 396, 397 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 127, 128, 129, 130, 131, 132, 134, 135, 136, 202A, 203, 204, 205, 206, 207, 208, 223, 224, 225, 226, 227, 228A, 228C, 230A, 230B, 232, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258, 259A, 259B, 260, 261, 262, 263, 264, 273, 274, 275, 276, 277, 278, 280A, 281, 282, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302A, 303A, 304A, 308, 309, 310, 311, 317, 318, 319, 335B
Education District: 3 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 166, 167, 168, 169, 170, 218, 219, 221A, 221B, 222B, 223, 224B, 225, 226B, 313A, 314, 315, 330, 331, 333, 336, 337, 338, 339, 340, 341A, 341B, 342, 343A, 344A, 345A, 346, 347, 348, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 389, 390, 391, 392, 393, 394, 426B, 429B, 440B, 443B, 444, 449B, 450B, 451B, 454, 455, 456, 509, 510, 511, 512, 513, 514, 515B, 522, 523A, 523B, 524A, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 579, 580B, 581, 582, 583, 584, 585, 586 VTD: 0002 SIXTH 1012 (Part) Tract: 9703.

2910

JOURNAL OF THE HOUSE,

Block(s): 174, 175, 176, 177, 179, 184, 185, 186, 187, 190, 191, 192, 193, 194, 195, 196, 501, 502, 503, 504, 505, 506, 507, 508, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 557, 561
VTD: 0004 DRAYTON 633 (Part) Tract: 9703. Block(s): 352, 353, 355, 358, 359, 360, 362, 363, 364, 365, 366, 367, 381, 386, 387, 388, 395, 396, 397
VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 217
Education District: 4 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 222A, 224A, 226A, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426A, 427, 428, 429A, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440A, 441, 442, 443A, 445, 446, 447, 448, 449A, 450A, 451A, 452, 453, 515A, 516, 517, 518, 519, 520, 521, 580A, 587, 588, 589
Education District: 5 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 311, 322, 328, 329, 334 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 279, 280, 281, 282, 283, 284, 293, 294, 295, 296, 297 Tract: 9703. Block(s): 335, 354, 356, 357, 361 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 212, 213, 214, 215, 271, 313, 314, 315, 316, 321, 322, 323, 324 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 117, 201, 203, 204, 205, 206, 207A, 207B, 208, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 255, 256A, 25.6B, 257, 258, 259A, 259B, 260, 261, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 274A VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;

FRIDAY, MARCH 20, 1992

2911

(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(5) Any part of the Dooly County school district which is not included in any edu cation district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of the Dooly County school district which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia." Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows: "Section 4. (a) The members of the Board of Education of Dooly County who are in office on the effective date of this Act and who were elected pursuant to the order of the United States District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER, entered September 29, 1986, shall serve from the education dis tricts provided in and for terms consistent with that order. The current terms consistent with the order of the court are as follows: until January 1, 1993, for the Education Dis trict 1 and Education District 5 members; until January 1, 1995, for the Education Dis trict 3 member; and until January 1, 1997, for the Education District 2 and Education District 4 members. (b) (1) A successor to each of these current members and their successors shall be elected from the education district of the same number at the general election preced ing the expiration of each term; and each such future member shall serve for a term of six years beginning on January 1 following his election and until his successor is elected and qualified.
(2) Each candidate in such future elections must be a resident of the district he seeks to represent at the time he qualifies.
(3) Election of each such future member shall be by the voters of the district represented only." Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney for the Board of Education of Dooly County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4. It is the purpose of this Act to reapportion the districts from which mem bers of the Board of Education of Dooly County are to be elected in the November, 1992, general election and in subsequent general elections and results from changes in popula tion based on the United States decennial census of 1990. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law. Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.

2912

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 133, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2080.

By Representative Floyd of the 135th: A bill to amend an Act creating a board of commissioners of Dooly County, so as to provide districts from which the members of the Board of Commis sioners of Dooly County shall be elected.

The following Committee substitute was read and adopted:

A BILL To amend an Act creating a board of commissioners of Dooly County, approved August 18, 1913 (Ga. L. 1913, p. 373), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3703), so as to provide districts from which the members of the Board of Commissioners of Dooly County shall be elected; to provide for definitions and inclusions; to provide that current members of the board shall serve for the terms and from the districts provided in the order of the United States District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER; to provide for the election of successors to the current members of the board; to provide for submission of this Act to the United States Attorney General for approval; to provide for conditional repeal; 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 Dooly County, approved August 18, 1913 (Ga. L. 1913, p. 373), as amended, particularly by an Act approved April 6, 1981 (Ga. L. 1981, p. 3703), is amended by striking Section 2 in its entirety and insert ing in its place a new Section 2 to read as follows: "Section 2. (a) The Board of Commissioners of Dooly County shall be composed of five members. For the purpose of electing the members of the Board of Commissioners of Dooly County, Dooly County shall be divided into five commissioner districts described as follows: Commissioner District: .1
DOOLY COUNTY VTD: 0002 SIXTH 1012 (Part) Tract: 9703. Block(s): 104, 105, 106, 107, 109, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 148, 149, 158, 159, 172, 173, 178, 180, 181, 182, 183, 188, 189 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 122, 124, 147, 150, 151, 152, 153, 154, 155, 156, 157, 160, 161, 162, 163, 164, 165, 171, 201 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 176, 330A, 331A, 336, 341, 342, 343, 344, 345, 346, 348, 349, 351, 355, 361, 362B, 364, 365, 366, 367A, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383A, 383B, 384A, 384B, 389A Tract: 9703. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 123, 125, 126, 127 VTD: 0009 UNADILLA 1466 (Part)

FRIDAY, MARCH 20, 1992

2913

Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 109A, 109B, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 133, 137A, 137B, 138A, 138B, 138C, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151A, 151B, 152, 153, 154, 155, 156, 157, 158, 159, 172, 173, 174, 175, 195, 196, 197A, 197B, 201A, 201B, 202B, 228B, 229A, 229B, 231, 233, 234, 279A, 279B, 280B, 283, 284, 302B, 303B, 304B, 305, 306, 307, 337, 338, 339, 340, 347
Commissioner District: 2 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 313B, 316, 317, 318, 319, 320, 321, 323, 324, 325, 326, 327, 343B, 344B, 345B VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 301, 302, 303, 304, 305, 306, 307, 312 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 209, 210, 211, 216, 217, 218, 219, 220, 221, 222, 265, 266, 267, 268, 269, 270, 272, 312 VTD: 0008 PINEHURST 1479 (Part) Tract: 9701. Block(s): 320, 325, 326, 327, 328, 329, 330B, 331B, 332A, 332B, 333, 334A, 334B, 335A, 362A, 363, 367B, 385, 386, 387A, 387B, 388, 389B, 390, 391, 392, 393, 394, 395, 396, 397 VTD: 0009 UNADILLA 1466 (Part) Tract: 9701. Block(s): 127, 128, 129, 130, 131, 132, 134, 135, 136, 202A, 203, 204, 205, 206, 207, 208, 223, 224, 225, 226, 227, 228A, 228C, 230A, 230B, 232, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258, 259A, 259B, 260, 261, 262, 263, 264, 273, 274, 275, 276, 277, 278, 280A, 281, 282, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302A, 303A, 304A, 308, 309, 310, 311, 317, 318, 319, 335B
Commissioner District: 3 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 166, 167, 168, 169, 170, 218, 219, 221A, 221B, 222B, 223, 224B, 225, 226B, 313A, 314, 315, 330, 331, 333, 336, 337, 338, 339, 340, 341A, 341B, 342, 343A, 344A, 345A, 346, 347, 348, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 389, 390, 391, 392, 393, 394, 426B, 429B, 440B, 443B, 444, 449B, 450B, 451B, 454, 455, 456, 509, 510, 511, 512, 513, 514, 515B, 522, 523A, 523B, 524A, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 579, 580B, 581, 582, 583, 584, 585, 586 VTD: 0002 SIXTH 1012 (Part)

2914

JOURNAL OF THE HOUSE,

Tract: 9703. Block(s): 174, 175, 176, 177, 179, 184, 185, 186, 187, 190, 191, 192, 193, 194, 195, 196, 501, 502, 503, 504, 505, 506, 507, 508, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 557, 561
VTD: 0004 DRAYTON 633 (Part) Tract: 9703. Block(s): 352, 353, 355, 358, 359, 360, 362, 363, 364, 365, 366, 367, 381, 386, 387, 388, 395, 396, 397
VTD: 0005 FINDLAY 1552 (Part) Tract: 9703. Block(s): 217
Commissioner District: 4 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 222A, 224A, 226A, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426A, 427, 428, 429A, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440A, 441, 442, 443A, 445, 446, 447, 448, 449A, 450A, 451A, 452, 453, 515A, 516, 517, 518, 519, 520, 521, 580A, 587, 588, 589
Commissioner District: 5 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 311, 322, 328, 329, 334 VTD: 0004 DRAYTON 633 (Part) Tract: 9702. Block(s): 279, 280, 281, 282, 283, 284, 293, 294, 295, 296, 297 Tract: 9703. Block(s): 335, 354, 356, 357, 361 VTD: 0006 BYROMVILLE 585 (Part) Tract: 9701. Block(s): 212, 213, 214, 215, 271, 313, 314, 315, 316, 321, 322, 323, 324 Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 117, 201, 203, 204, 205, 206, 207A, 207B, 208, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 255, 256A, 256B, 257, 258, 259A, 259B, 260, 261, 262, 263, 264, 265, 266A, 266B, 267A, 267B, 274A VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;

FRIDAY, MARCH 20, 1992

2915

(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(5) Any part of Dooly County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(6) Any part of Dooly County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia." Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in its place a new Section 4 to read as follows: "Section 4. (a) The members of the Board of Commissioners of Dooly County who are in office on the effective date of this Act and who were elected pursuant to the order of the United States District Court for the Middle District of Georgia in Civil Action No. 86-95-ALB-AMER, entered September 29, 1986, shall serve from the districts and for the terms provided in that order. The terms provided in that order are as follows: until January 1, 1993, for the District 1 and District 3 Commissioners; until January 1, 1995, for the District 5 Commissioner; and until January 1, 1997, for the District 2 and District 4 Commissioners. (b) (1) A successor to each of these current members and their successors shall be elected from the commissioner district of the same number at the general election pre ceding the expiration of each term; and each such future member shall serve for a term of six years beginning on January 1 following his election and until his successor is elected and qualified.
(2) Each candidate in such future elections must be a resident of the district he seeks to represent at the time he qualifies.
(3) Election of each such future member shall be by the voters of the district represented only." Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney for the Board of Commissioners of Dooly County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 133, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2081.

By Representative Perry of the 5th: A bill to provide that the governing authority of the City of Summerville may conduct a nonbinding referendum on the question of whether to abolish the position of city manager and adopt the position of a full-time mayor.

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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 133, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 2086.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend the "Douglasville-Douglas County Water and Sewer Author ity Act," so as to provide for additional powers of the Authority with respect to certain contracts, agreements, leases, or other instruments.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 2087.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend an Act known as the "Douglas County Community Improve ment Districts Act," so as to provide for the activation of community improvement districts which include areas within the incorporated area of the City of Douglasville.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 2090.

By Representative Balkcom of the 140th: A bill to amend an Act creating a Board of Commissioners of Early County, so as to change the provisions relating to the commissioner districts in said county.

The following Committee substitute was read and adopted:

A BILL To amend an Act creating a Board of Commissioners of Early County, approved March 24, 1933 (Ga. L. 1933, p. 515), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4256), so as to change the provisions relating to the commissioner districts in said county; to provide for definitions and inclusions; to provide for terms and manner of election; to provide for certain submissions and automatic repeal; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Board of Commissioners of Early County, approved March 24, 1933 (Ga. L. 1933, p. 515), as amended, particularly by an Act approved March 18, 1983 (Ga. L. 1983, p. 4256), is amended by striking Section 3 thereof and inserting in its place a new Section 3 to read as follows:

FRIDAY, MARCH 20, 1992

2917

"Section 3. (a) For purposes of electing members of the Board of Commissioners of Early County, other than the chairman, Early County is divided into four commissioner districts as follows:
Commissioner District 1: All that portion of Early County, Georgia, which lies generally north of a line described as follows: Begin at a point on the west line of Early County, Georgia, where the same is intersected by the centerline of Georgia Highway #62; thence run in a northeasterly direction along the centerline of Georgia Highway #62 until it intersects with the centerline of County Road #147; thence run in a northwesterly direction along the centerline of County Road #147 until it intersects with the centerline of County Road #113; thence run in a northerly direction along the centerline of County Road #113 until it intersects with the centerline of County Road #4; thence run in a westerly direction along the centerline of County Road #4 until it intersects with the centerline of County Road #3; thence run in a northerly direction along the centerline of County Road #3 until it intersects with the centerline of County Road #1; thence run in an easterly direction along the centerline of County Road #1 until it intersects with the west margin of the city limits of the City of Blakely, Georgia; thence run in a northerly direction along said city limits margin until it intersects with the centerline of Georgia Highway #39; thence run in a southeasterly direction along the centerline of Georgia Highway #39 until it intersects with the centerline of Dean Avenue; thence run in a southerly direction along the centerline of Dean Avenue until it intersects with the cen terline of Fort Gaines Street; thence run in a southerly direction along the centerline of Fort Gaines Street until it intersects with the centerline of Washington Avenue; thence run in an easterly direction along the centerline of Washington Avenue until it intersects with the centerline of Lee Street; thence run in a southerly direction along the centerline of Lee Street until it intersects with the centerline of the right-of-way of the Central of Georgia Railroad; thence run in a northeasterly direction along said railroad centerline until it intersects with the extreme east margin of the city limits of the City of Blakely, Georgia; thence run in a southeasterly direction along said extreme east mar gin of the city limits of the City of Blakely, Georgia, until same intersects with the cen terline of Georgia Highway #62; thence run in an easterly direction along the centerline of Georgia Highway #62 until it intersects with the center of Spring Creek; thence run in a northerly direction along the center of Spring Creek to the Early County Line. Commissioner District: 1.
EARLY COUNTY VTD: 0002 BLAKELY (Part) Tract: 9901.98 Block(s): 157, 158, 159, 160, 161, 162, 163, 172, 173, 175, 176, 177, 178 Tract: 9902. Block(s): 147A, 147B, 169, 170, 171, 172, 173, 174, 175, 176A, 176B, 177, 178, 218A, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 333, 334, 335, 336, 339, 401B, 404, 405, 406, 407, 408, 414, 432, 433, 434 Tract: 9903. Block(s): 155, 156, 157, 158, 159 VTD: 0006 HILTON (Part) Tract: 9903. Block(s): 227, 228, 229, 236, 237, 238, 239, 240, 243, 244, 245 VTD: 0008 COLOMOKEE VTD: 0009 URQUHART VTD: 0010 FREEMAN (Part) Tract: 9902. Block(s): 317, 318, 319, 320, 321, 322, 323, 324 Tract: 9903. Block(s): 110, 111, 112, 113, 114, 115, 116, 117, 148, 149, 150, 151, 153, 154, 231, 232, 233, 234, 235, 241, 242

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Commissioner District 2: All that portion of Early County, Georgia, lying generally east of a line described as follows: Begin at a point on the south line of Early County, Georgia, where the same is intersected by the centerline of U. S. Highway #27; thence run in a northwesterly direction along the centerline of U. S. Highway #27 until it intersects with the center of Blue Creek; thence run in a southwesterly direction along the center of Blue Creek until it intersects with County Road #45 (Blakely-Centerville Road); thence run in a northwesterly direction along the centerline of County Road #45 until it intersects with the centerline of Georgia Highway #39; thence run along the centerline of Georgia High way #39 until it intersects with the south margin of the city limits of Blakely, Georgia; thence run in an easterly direction along said south margin to the southeast corner of the city limits of the City of Blakely, Georgia; thence run in a northerly direction along the east city limit line until it intersects with the centerline of U. S. Highway #27; thence run in a northwesterly direction along the centerline of U. S. Highway #27 until it intersects with the centerline of County Street; thence run in a northerly direction along the centerline of County Street until it intersects with the centerline of South Boulevard; thence run in a westerly direction along the centerline of South Boulevard until it intersects with the centerline of Lancelot Lane; thence run in a northerly direc tion along the centerline of Lancelot Lane until it intersects with the centerline of County Street; thence run in a northwesterly direction along the centerline of County Street until it intersects with the centerline of Bay Street; thence run in a northerly direction along the centerline of Bay Street until it intersects with the centerline of Hogan Avenue; thence run in an easterly direction along the centerline of Hogan Avenue until it intersects with the centerline of Plant Street; thence run in a northerly direction along the centerline of Plant Street until it intersects with the centerline of Liberty Street; thence run in an easterly direction along the centerline of Liberty Street until it intersects with the centerline of Georgia Highway #200; thence run in a southeasterly direction along the centerline of Georgia Highway #200 until it intersects with the cen terline of Breastworks Branch; thence run in a northerly direction along the centerline of Breastworks Branch until same intersects with the centerline of Georgia Highway No. 62; thence run in an easterly direction along the centerline of Georgia Highway #62 until it intersects with the center of Spring Creek; thence run in a northerly direction along the center of Spring Creek to the county line.
Commissioner District: 2
EARLY COUNTY VTD: 0001 ARLINGTON (Part) Tract: 9901.98 Block(s): 101B, 102B, 103B, 104, 105, 106A, 106B, 107, 108A, 108B, 109, 110A, HOB, 111, 112, 113, 114, 115, 116A, 116B, 117A, 117B, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129A, 129B, 130, 131, 132, 133A, 133B, 134, 135, 136, 137, 138, 139, 140B, HOC, 141B, 142B, 143B, 144B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 164, 165, 166, 167, 168, 169, 170, 171, 174, 181, 182, 183, 184, 185, 186 VTD: 0002 BLAKELY (Part) Tract: 9901.98 Block(s): 179 Tract: 9904. Block(s): 101, 102, 103, 104, 116, 117, 118, 119, 120, 121, 122A, 122B, 123, 124, 125, 126A, 126B, 127A, 127B, 131, 132, 135, 136, 137, 146A, 169, 170, 171, 213, 311B VTD: 0004 CUBA (Part) Tract: 9904. Block(s): 126C, 126D, 127C, 128, 129, 130, 133, 134, 138, 139, 140, 141, 142, 143, 144, 145, 146B, 147, 148, 149, 150, 151, 152, 153,

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2919

154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 216B, 218, 219 VTD: 0005 DAMASCUS Commissioner District 3: All of the land located in Early County, Georgia, and in the City of Blakely, Georgia, which is not contained in Districts 1, 2, and 4. Commissioner District: 3 EARLY COUNTY VTD: 0002 BLAKELY (Part) Tract: 9902. Block(s): 330A, 332, 337, 338, 340, 341, 342, 343, 344, 345, 401A, 402, 403, 409, 410, 411, 412, 413, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431 Tract: 9903. Block(s): 101, 102, 103, 104, 105, 106, 107A, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142A, 143A, 145, 201, 202, 203, 204A, 205, 206, 207, 208, 212A Tract: 9904. Block(s): 105A, 105B, 105C, 105D, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 214, 215, 216A, 217, 301, 302, 303, 304, 305A, 306, 307, 308, 309, 310, 311A, 312A, 313, 314 VTD: 0010 FREEMAN (Part) Tract: 9903. Block(s): 107B, 108, 109, 118, 119, 120, 121, 122, 123, 124, 125, 126B, 142B, 143B, 144, 146, 147, 152 Commissioner District 4: All that portion of Early County, Georgia, being generally the southwest portion of said county and being more particularly described as lying south of a line described as follows: Begin at the west line of Early County, Georgia, where the same is intersected by the centerline of Georgia Highway #62; thence run in a northeasterly direction along the centerline of Georgia Highway #62 until it intersects with the east margin of the city limits of Blakely, Georgia; thence run in a southerly direction along said city limits to the southeast corner of the city limits of Blakely, Georgia; thence run in an easterly direction along said south margin of the city limits of Blakely, Georgia, until the same intersects with the centerline of Old Lucille County Road No. 24; thence run in a south erly direction along the centerline of Old Lucille County Road No. 24 until it intersects with the centerline of Angus Drive; thence run in an easterly direction along the centerline of Angus Drive until it intersects with the centerline of Georgia Highway No. 39; thence run in a southerly direction along the centerline of Georgia Highway #39 until it intersects with the centerline of County Road #45 (Blakely-Centerville Road); thence run in a southerly direction along the centerline of County Road #45 until it intersects with the center of Blue Creek; thence run in a northeasterly direction along the center of Blue Creek until it intersects with the centerline of U. S. Highway #27; thence run in a southeasterly direction along the centerline of U. S. Highway #27 until it intersects with the county line. Commissioner District: 4 EARLY COUNTY VTD: 0002 BLAKELY (Part) Tract: 9903. Block(s): 204B, 209, 210, 211, 212B, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 252, 253, 254 VTD: 0003 CEDAR SPRINGS

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VTD: 0004 CUBA (Part) Tract: 9903. Block(s): 216 Tract: 9904. Block(s): 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 305B, 312B, 315A, 315B, 316, 320, 321, 322, 323
VTD: 0006 HILTON (Part) Tract: 9903. Block(s): 226, 230, 246, 247, 248, 249, 250, 251, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294 Tract: 9905. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 121, 122, 123, 124, 125, 126, 127, 128, 132B, 132C, 134B, 134C, 196, 197
VTD: 0007 JAKIN VTD: 0011 LUCILLE
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Early County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Early County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) VTD designations contained in the latter part of each commissioner district description are included for convenience only. In the event of a conflict between the geo graphical description included in the former part of each commissioner district descrip tion and the VTD designation, the geographical description shall control. (d) The members of the Board of Commissioners of Early County in office on March 1, 1992, and any person selected to fill a vacancy in such office shall continue to serve out the terms of office to which they were elected and until their respective successors are elected and qualified. The newly described commissioner districts provided in this section shall apply to the nomination and election of successors to the members of such board of commissioners whose terms of office expire in 1992 and thereafter. (e) The voters of each commissioner district shall elect a county commissioner from their district. The fifth member of the board of commissioners shall be the chairman and shall be elected from the county at large."

FRIDAY, MARCH 20, 1992

2921

Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Commissioners of Early County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 133, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 726. By Senator Deal of the 49th: A bill to amend an Act creating the State Court of Hall County, as amended, so as to provide for the appointment and compensation of an associate 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 133, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 2091. By Representative Birdsong of the 104th: A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Wilkinson County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett.B Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove N Brooks

Y Brown Brush
Y Buck Y Buckner Y Byrd Y Campbell
Canty Carrell Y Carter Cauthorn
Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings.B

Cummings,M Y Davis.D
Davis.G Davis.M Y Dixon.H Dixon.S Y Dobbs Y Dover Dunn Y Edwards
Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin

Y Groover Hamilton
E Hammond Manner
Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King
Kingston Y Klein

Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long Y Lord Y Lucas
Y Mann Martin
Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam E Mills Y Mobley

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JOURNAL OF THE HOUSE,

Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry

Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell
Randall Ray Reaves Redding

Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F

Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Thomas.C Thomas.M Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs

Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams.J
Williams.R Y Yeargin Y Murphy.Spkr

On the passage of the Bill, the ayes were 133, nays 1. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representatives Carrell of the 65th, Davis of the 45th, Dunn of the 73rd, Kingston of the 125th, Long of the 142nd, Patten of the 149th, Pinkston of the 100th, Randall of the 101st, Reaves of the 147th, Thomas of the 55th, Thurmond of the 67th, Williams of the 90th, Cauthorn of the 20th and Fennel of the 155th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Due to mechanical malfunction, the vote of Representative Cummings of the 17th was not recorded 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 passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 559. By Representatives Smith of the 156th and Green of the 106th: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for a Divi sion of Irrigation Contractors.

HB 711. By Representatives Baker of the 51st, Cummings of the 17th and Alford of the 57th: A bill to amend Code Section 47-7-82 of the Official Code of Georgia Anno tated, relating to membership in the Georgia Firemen's Pension Fund by a fire department employee other than a fireman or volunteer fireman, so as to authorize continued membership for certain persons having certain admin istrative oversight responsibilities.

HB 1523.

By Representatives Poston of the 2nd, Simpson of the 70th and Cauthorn of the 20th: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide for the offense of sexual assault against persons under psychotherapeutic care.

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2923

HB 1607.

By Representatives Colwell of the 4th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of proba tion or suspension of sentence, to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations of pro bation, so as to provide that defendants shall not in the same or related sen tences be sentenced to both prison and probation.

HB 1644.

By Representative Jones of the 71st: A bill to amend Code Section 21-3-105 of the Official Code of Georgia Anno tated, relating to notice of intent of write-in candidates in general or special municipal elections and filing of an affidavit of intention of candidacy, so as to change the provisions relative to the person to whom a notice of intention of candidacy must be given.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1394.

By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Anno tated, relating to the Environmental Protection Division, so as to provide for instances when persons are not aggrieved or adversely affected, and to pro vide for disposition of certain moneys and civil penalties collected by the division.

The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House:

HR 914. By Representatives Alford of the 57th, Irwin of the 57th, Blitch of the 150th and Henson of the 57th: A resolution commending Honorable Clarence R. Vaughn, Jr., and designat ing the Clarence R. Vaughn, Jr., Highway.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

HB 1396. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, so as to change certain provisions governing sharing of revenues resulting from enforcement of load limitations.

HB 1445.

By Representatives Snow of the 1st, Mobley of the 64th, Streat of the 139th, Carrell of the 65th, Harris of the 84th and others: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for the issuance of special reservist license plates to certain persons who are members of reserve units or the National Guard in an adjoining state.

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JOURNAL OF THE HOUSE,

HB 1528.

By Representatives Holland of the 136th, Walker of the 113th, Jenkins of the 80th and Poston of the 2nd: A bill to amend Code Section 19-9-5 of the Official Code of Georgia Anno tated, relating to child custody agreements, so as to provide that the term "custody" refers to joint custody.

HB 1542.

By Representatives Sherrill of the 47th, Lucas of the 102nd, Adams of the 79th, Oliver of the 53rd, Martin of the 26th and others: A bill to amend Chapter 1 of Title 49 of the Official Code of Georgia Anno tated, relating to general provisions regarding social services, so as to estab lish the Childhood Early Intervention and Services for the Elderly Fund.

HB 1722. By Representatives Chambless of the 133rd, Pinkston of the 100th, Thomas of the 69th and Floyd of the 154th: A bill to amend Code Section 11-9-310 of the Official Code of Georgia Anno tated, relating to priority of certain liens, claims, and rights, so as to provide that a lien for other unpaid taxes or a duly rendered judgment shall have the same priority with regard to a security interest as it would have if the tax lien or judgment were a conflicting security interest or encumbrance.

SB 822. By Senator Pollard of the 24th: A bill to create a board of elections for Columbia County and provide for its powers and duties; to provide for the composition of the board of elections and the selection, qualification, and terms of its members; to provide for res ignation, succession, and removal of members and for filling vacancies; to provide for the duties of the chairman of the board of elections; to provide for an effective date.

SB 844. By Senator Pollard of the 24th: A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, as amended, so as to change the composi tion of education districts; to provide for elections; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide for a referendum; to provide when this Act shall be void and stand repealed.

SB 845. By Senator Pollard of the 24th: A bill to amend an Act creating a new Board of Commissioners of Columbia County, as amended, so as to change the composition of the districts from which members are elected; to provide for elections; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and stand repealed.

SB 849. By Senators Phillips of the 9th and White of the 48th: A bill to amend an Act creating the Board of Commissioners of Gwinnett County, as amended, so as to provide for studies and performance audits in connection with the county road improvement project; to provide for the pur pose of such studies and audits; to provide for reports and public inspection thereof; to provide for the hiring of independent firms; to provide an effec tive date.

FRIDAY, MARCH 20, 1992

2925

SB 850. By Senators Ramsey of the 54th and Hasty of the 51st: A bill to provide that investigators appointed to assist the district attorney of the Conasauga Circuit may be authorized by the district attorney to make arrests; to provide a procedure for such written authorization.

SB 851. By Senator Hasty of the 51st: A bill to amend an Act reincorporating the Town of Canton, as amended, so as to provide that the mayor and city council are authorized to take all nec essary measures to keep the city free from garbage and similar material.

SB 852. By Senator Foster of the 50th: A bill to amend an Act providing that the judge of the Probate Court of Habersham County shall serve as chief magistrate of the Magistrate Court of Habersham County so as to provide for the term, filling of vacancies, and compensation for the office of chief magistrate; to provide for salary suspen sion; to provide for constables; to provide an effective date; to provide for automatic repeal of this Act.
SB 854. By Senators Hammill of the 3rd and Echols of the 6th: A bill to amend an Act creating the Board of Commissioners of Glynn County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to require submis sion of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.

SB 855. By Senators Hammill of the 3rd and Echols of the 6th: A bill to amend an Act to consolidate and amend an Act to regulate public instruction in the County of Glynn, and the several Acts amendatory thereof, and for other purposes herein mentioned, as amended, so as to provide for the election and terms of the members of the Board of Education of Glynn County; to provide for election districts.

SB 856. By Senator Baldwin of the 29th: A bill to amend an Act providing a board of education of Troup County, as amended, so as to reapportion the education districts; to provide for defini tions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed.

HB 828. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend an Act placing the sheriff of Rabun County on a salary, so as to change the compensation of the sheriff.

HB 1800.

By Representative Edwards of the 112th: A bill to amend an Act providing for a new charter for the City of Butler, so as to change the composition of the council districts from which the mem bers of the city council are elected.

HB 1984.

By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act creating a board of commissioners for Cherokee County, so as to change the composition of the commissioner districts.

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HB 1985.

By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend the "Lumpkin County Water and Sewerage Authority Act," so as to change the composition of that authority and provide for terms of office.

HB 1999.

By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act providing for the numbering of positions of member ship on the Cherokee County Board of Education, so as to change the descriptions of the education districts for that board of education.

HB 2058.

By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th: A bill to amend an Act creating a Board of Commissioners of Hall County, so as to provide the procedure for filling vacancies.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 534. By Representatives Deal of the 49th, Garner of the 30th, Johnson of the 47th and Perry of the 7th: A resolution requiring development of a multiyear plan to reduce personnel expense in state government.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 822. By Senator Pollard of the 24th: A bill to create a board of elections for Columbia County and provide for its powers and duties; to provide for the composition of the board of elections and the selection, qualification, and terms of its members; to provide for res ignation, succession, and removal of members and for filling vacancies; to provide for the duties of the chairman of the board of elections; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 844. By Senator Pollard of the 24th: A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, as amended, so as to change the composi tion of education districts; to provide for elections; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide for a referendum; to provide when this Act shall be void and stand repealed.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 845. By Senator Pollard of the 24th: A bill to amend an Act creating a new Board of Commissioners of Columbia County, as amended, so as to change the composition of the districts from which members are elected; to provide for elections; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and stand repealed.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, MARCH 20, 1992

2927

SB 849. By Senators Phillips of the 9th and White of the 48th: A bill to amend an Act creating the Board of Commissioners of Gwinnett County, as amended, so as to provide for studies and performance audits in connection with the county road improvement project; to provide for the pur pose of such studies and audits; to provide for reports and public inspection thereof; to provide for the hiring of independent firms; to provide an effec tive date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 850. By Senators Ramsey of the 54th and Hasty of the 51st: A bill to provide that investigators appointed to assist the district attorney of the Conasauga Circuit may be authorized by the district attorney to make arrests; to provide a procedure for such written authorization.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 851. By Senator Hasty of the 51st: A bill to amend an Act reincorporating the Town of Canton, as amended, so as to provide that the mayor and city council are authorized to take all nec essary measures to keep the city free from garbage and similar material.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 852. By Senator Foster of the 50th: A bill to amend an Act providing that the judge of the Probate Court of Habersham County shall serve as chief magistrate of the Magistrate Court of Habersham County so as to provide for the term, filling of vacancies, and compensation for the office of chief magistrate; to provide for salary suspen sion; to provide for constables; to provide an effective date; to provide for automatic repeal of this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 854. By Senators Hammill of the 3rd and Echols of the 6th: A bill to amend an Act creating the Board of Commissioners of Glynn County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to require submis sion of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 855. By Senators Hammill of the 3rd and Echols of the 6th: A bill to amend an Act to consolidate and amend an Act to regulate public instruction in the County of Glynn, and the several Acts amendatory thereof, and for other purposes herein mentioned, as amended, so as to provide for the election and terms of the members of the Board of Education of Glynn County; to provide for election districts.
Referred to the Committee on State Planning & Community Affairs - Local.

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SB 856. By Senator Baldwin of the 29th: A bill to amend an Act providing a board of education of Troup County, as amended, so as to reapportion the education districts; to provide for defini tions and inclusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed.
Referred to the Committee on State Planning & Community Affairs - Local.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

SB 144. By Senators Walker of the 22nd, Walker of the 43rd and Alien of the 2nd: 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 legisla tive intent; to provide definitions; to require minority business enterprises to be certified by the Department of Administrative Services before bidding on state contracts; to provide the requirements for certification as a minority business enterprise.

The following Committee substitute was read:

A BILL To amend Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Anno tated, relating to general provisions concerning communication services, so as to enact the "Georgia Distance Learning and Telemedicine Act of 1992"; to authorize and direct the Department of Administrative Services to develop a state-wide distance learning and telemedicine network; to create a procedure for funding of new distance learning systems and telemedicine systems in Georgia; to create the Distance Learning and Telemedicine Network Governing Board and to set forth criteria for it to award the funds remaining in the Universal Service Fund as of the effective date of this Act to qualified parties for the sole purpose of creating a state-wide distance learning and telemedicine network to enhance educational opportunities and the quality of medical care in Georgia; to designate the Department of Administrative Services as the sole administrator of the Universal Ser vice Fund as of the effective date of this Act; to provide for use of a portion of the Univer sal Service Fund for designated purposes by the Public Service Commission for a limited period; to amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to provide for 16 mile toll free telephone calling, modification of existing rate schedules, methods of funding, and rate-making powers of the Public Service Commission; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Anno tated, relating to general provisions concerning communication services, is amended by adding a new Part 3 to read as follows:
"Part 3 50-5-190. This part shall be known and may be cited as the 'Georgia Distance Learn ing and Telemedicine Act of 1992.' 50-5-191. (a) The General Assembly finds and declares that it is in the public inter est to provide appropriate means for the continued development and enhancement of educational opportunities and medical care throughout the State of Georgia through the use of audio and video systems employing interactive technology. Systems which would

FRIDAY, MARCH 20, 1992

2929

make this concept a reality are technologically feasible, but they have not been con structed in Georgia. Such systems are in the public interest. If deployed state wide and linked with other networks on a national or international basis, they would permit stu dents interactive access to a greater variety of instruction, thus enhancing educational quality throughout Georgia, and they would improve the delivery of medical care to all areas of Georgia.
(b) It is the intention and purpose of the General Assembly that a state-wide dis tance learning and telemedicine network be developed whereby educational quality throughout the state will be enhanced and delivery of medical care to all areas of the state will be improved. It is the further intention of the General Assembly that there be a method of funding the state-wide network from the Universal Service Fund through a newly created Distance Learning and Telemedicine Network Governing Board, and that the Department of Administrative Services be the sole administrator of the Univer sal Service Fund for such purposes.
50-5-192. As used in this part, the term: (1) 'Costs' means the reasonable and customary charges for goods and services
incurred or to be incurred in the establishment of a state-wide distance learning and telemedicine network with the exception of charges from a transport provider, or net work provider for the provision of equipment or facilities which are multiple use. The charges for such multiple use facilities must be prorated by the Department of Admin istrative Services.
(2) 'Distance learning' means an interactive telecommunications system that uti lizes audio, video, and other appropriate elements and is compatible with other dis tance learning networks and that is used for the purpose of enhancing instructional opportunities in Georgia schools.
(3) 'Governing board' means the Distance Learning and Telemedicine Network Governing Board.
(4) 'Medical facilities' means any fully licensed and accredited, publicly funded medical care providers that furnish either inpatient or outpatient services. Research facilities are specifically excluded.
(5) 'School' means any accredited public institution providing instruction at levels K-12 or any accredited public postsecondary institution.
(6) 'Telemedicine' means an interactive telecommunications system that utilizes audio, video, and other appropriate elements and is compatible with other telemedicine networks and that is used for the purpose of enhancing the delivery of medical care to medical facilities throughout Georgia.
(7) 'Universal Service Fund' means that fund which was created by the Public Ser vice Commission in Public Service Commission Docket No. 3905-U and 3921-U, and which is also known as the Economic Development Fund. 50-5-193. The Department of Administrative Services is authorized and directed to develop, as a part of the state-wide telecommunication system provided for in Part 1 of this article, a plan, which must be approved by the governing board, for a consoli dated, integrated, state-wide shared use distance learning and telemedicine network and to implement same at the earliest possible time. The department shall be responsible for the management and administration of the consolidated state-wide network and shall provide all the distance learning and telemedicine service requirements of the schools and medical facilities whose applications are approved by the governing board. 50-5-194. The provisions of Part 1 of this article, the 'Telecommunications Consoli dation Act of 1973,' shall apply to this part. 50-5-195. The Department of Administrative Services is authorized to withdraw funds from the Universal Service Fund for the purchase, lease, or other forms of acquisi tion of the common components, network facilities, and other commonly shared items of the state-wide distance learning and telemedicine network infrastructure and for the payment of all salaries, wages, or any other costs incidental to the planning and provi sion of the state-wide, shared use network as approved by the governing board. 50-5-196. (a) There is established a Distance Learning and Telemedicine Network Governing Board.

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(b) The governing board shall consist of nine members and shall be comprised of the following: the commissioner of the Department of Administrative Services, the director of the Office of Planning and Budget, the State School Superintendent, the commis sioner of the Department of Technical and Adult Education, the executive director of the Georgia Public Telecommunications Commission, a member of the Public Service Commission to be appointed by the Governor, a member of the House of Representa tives to be appointed by the Speaker of the House of Representatives, a member of the Senate to be appointed by the President of the Senate, and the Chancellor of the Board of Regents, or their appointed representatives. The commissioner of the Department of Administrative Services shall serve as the chairperson of the governing board. The gov erning board shall elect from its members such other officers as are considered necessary to serve terms of one year each; provided, however, no person shall hold the same office for more than two consecutive terms.
(c) It shall be the function of the governing board and the governing board shall have the power, duty, and authority to set policies, review applications, and award fund ing for the state-wide distance learning and telemedicine network in accordance with Code Sections 50-5-198 and 50-5-199.
(d) The governing board shall hold meetings as often as it determines to do so. The governing board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the governing board establishes another procedure, the chair or any four members of the governing board may call a special meeting upon adequate written, personal, telephone, or facsimile notice to governing board members. Four mem bers of the governing board shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the governing board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote and otherwise act in matters which come before that meeting. The governing board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and procedures may be established in bylaws or in such other form as the govern ing board deems appropriate.
(e) Members of the governing board shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this part in accordance with state travel regulations promulgated by the Office of Plan ning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed.
(f) The governing board shall prepare and submit annually to the Governor and the General Assembly a report detailing its activities and operations for the prior year, to include but not be limited to information as to the number of applications received, the identities of the applicants, the identities of those applicants awarded funding, and the respective award amounts.
50-5-197. On and after the effective date of this part, the Department of Administra tive Services shall be sole administrator of the Universal Service Fund, with full power and authority to distribute funds pursuant to the funding awards of the governing board and to otherwise administer the fund for and in accordance with the purposes of this part. The commissioner of the Department of Administrative Services shall reinvest the fund in the same manner as other funds under his control.
50-5-198. (a) Schools desiring to become a part of the state-wide distance learning network shall make application to the governing board, which application shall contain:
(1) A statement of need; and (2) A description of the proposed distance learning system for that school, which shall include projected equipment needs, projected network or transport needs, planned curriculum, the number of students having access to the system, and all" other associated needs, with an itemized cost statement for each element of the proposed system. (b) Upon receipt of the application described in subsection (a) of this Code section, the governing board shall consider the application of the school and the cost statements

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2931

attendant thereto and shall make a determination regarding the merits of the applica tion.
(c) In considering the merits of the application, the governing board shall consider: (1) The number of students to be served by the proposed system; (2) The geographic location of the applicant and whether the granting of the appli
cation would contribute to the creation of a state-wide network; (3) Whether the proposed curriculum meets a special need; (4) The relative costs of the proposal in relationship to the relative benefit to the
public interest; and (5) Whether the system as proposed is technologically compatible with the preex
isting distance learning network. (d) Upon a determination that the application is meritorious, the governing board shall issue a finding that it will award funds sufficient to cover documented actual costs of construction of the system to the applicant from the Universal Service Fund. The actual award of funds will occur upon completion of construction. Such documented actual costs may not include any capability not used for distance learning, and to the extent that facilities are used for distance learning as well as for other uses the documented actual costs will be prorated accordingly. Documentation of actual costs, which may include but shall not be limited to an affidavit of expenditures accompanied by supporting data, will be submitted to the Department of Administrative Services upon completion of construction for determination of the specific amount to be awarded. (e) In addition to the award of actual costs described in subsection (d) of this Code section, the governing board may award sufficient funds to the applicant to cover 50 percent of documented recurring costs for a period of two years. (f) The Department of Administrative Services, as administrator of the Universal Service Fund, shall make distributions from the fund in accordance with the awards of the governing board under this part. 50-5-199. (a) Medical facilities desiring to become a part of the state-wide telemedicine network shall make application to the governing board, which application shall contain:
(1) A statement of need; and (2) A description of the proposed telemedicine system for that medical facility which shall include projected equipment needs, projected network or transport needs, planned uses and capabilities, the number of patients having access to the system, and all other associated needs, with an itemized cost statement for each element of the proposed system. (b) Upon receipt of the application described in subsection (a) of this Code section, the governing board shall consider the application of the medical facility and the cost statements attendant thereto and shall make a determination regarding the merits of the application. (c) In considering the merits of the application, the governing board shall consider: (1) The number of patients to be served by the proposed system; (2) The geographic location of the applicant and whether the granting of the appli cation would contribute to the creation of a state-wide network; (3) Whether the proposed capability meets a special need; (4) The relative costs of the proposal in relationship to the relative benefit to the public interest; and (5) Whether the system as proposed is technologically compatible with the preex isting telemedicine network. (d) Upon a determination that the application is meritorious, the governing board shall issue a finding that it will award funds sufficient to cover documented actual costs of construction of the system to the applicant from the Universal Service Fund. The actual award of funds will occur upon completion of construction. Such documented actual costs may not include any capability not used for telemedicine, and to the extent that facilities are used for telemedicine as well as for other uses the documented actual costs will be prorated accordingly. Documentation of actual costs, which may include but shall not be limited to an affidavit of expenditures accompanied by supporting data, will

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be submitted to the Department of Administrative Services upon completion of con struction for determination of the specific amount to be awarded.
(e) In addition to the award of actual costs described in subsection (d) of this Code section, the governing board may award sufficient funds to the applicant to cover 50 percent of documented recurring costs for a period of two years.
(f) The Department of Administrative Services, as administrator of the Universal Service Fund, shall make distributions from the fund in accordance with the awards of the governing board under this part.
50-5-200. (a) Except as further provided in subsection (b) of this Code section, all funds remaining in the Universal Service Fund as of the effective date of this part which are not used for qualifying hardship assistance filings shall be used solely for the pur pose of funding awards by the governing board and the other distance learning and telemedicine purposes provided under this part. Qualifying hardship assistance filings are those hardship assistance filings approved by the Public Service Commission pursu ant to Public Service Commission Docket No. 3921-U before the effective date of this part which result in payments to the successful applicant for a period not to exceed two years from the date of filing.
(b) For a period of two years after the effective date of this part, an amount not to exceed $23 million may be used from the Universal Service Fund for the purpose of off setting transitional expenses and costs associated with the 16 mile calling radius as per mitted under subsection (g) of Code Section 46-2-25.2. The Department of Administrative Services, as sole administrator of the Universal Service Fund, is autho rized to make disbursements from the Universal Service Fund for such purposes upon proper certification of same by the Public Service Commission. Any portion of the $23 million not so disbursed by the Department of Administrative Services for said purposes within two years after the effective date of this part shall become available solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided for in this part.
50-5-201. Any applicant receiving funds awarded by the governing board under this part must use the funds solely for the approved purpose of payment for construction, equipment, transport, recurring costs, and all other costs of establishing the system to the Department of Administrative Services who provided goods and services used in establishing the system. Any funds not being used for the approved purpose must be returned to the Universal Service Fund.
50-5-202. The commissioner of the Department of Administrative Services may pro vide a means whereby private nonprofit schools and medical facilities may utilize and participate in the state-wide distance learning and telemedicine network upon such terms and under such conditions as the commissioner may establish; provided, however, such private nonprofit schools and medical facilities must bear the cost of such utiliza tion and participation."
Section 2. Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, is amended by adding a new Code Section 46-2-25.2 to read as follows:
"46-2-25.2. (a) It is the goal of this Code section to provide for toll free calling between two telephones where the central offices serving such telephones are within 16 miles of each other.
(b) Except as provided in subsection (e) of this Code section, on and after July 1, 1992, the Public Service Commission shall not approve any new rate schedule which authorizes a long-distance charge for calls between two telephones where the central offices serving such telephones are within 16 miles of each other.
(c) Except as provided in subsection (e) of this Code section, on and after July 1, 1992, rate schedules approved by the Public Service Commission prior to July 1, 1992, shall be amended so as to reduce by one-half the long-distance charge for calls between two telephones where the central offices serving such telephones are within 16 miles of each other.

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2933

(d) On or before July 1, 1993, the Public Service Commission shall conduct hearings and accept evidence and upon consideration of such evidence shall determine any fur ther reductions in long-distance charges for calls between two telephones where the cen tral offices serving such telephones are within 16 miles of each other. Such determination shall consider the availability of funds and other revenue sources to affected companies to offset the costs associated with such further reductions.
(e) All rate schedules approved pursuant to this Code section may be modified at the discretion of the Public Service Commission upon a good and sufficient showing of geo graphic, economic, or technological infeasibility by a telephone company.
(f) All rate schedules approved pursuant to this Code section shall take into account the following:
(1) The reasonable cost of providing such service to customers of the telephone company throughout the entire service area of such telephone company and the increased value resulting from such expanded calling areas; and
(2) The reasonable rate of return on investment authorized in the rate schedule approved by the Public Service Commission for such telephone company. (g) Any telephone company seeking to recover any portion of its expenses or lost toll revenues resulting from the implementation of the 16 mile toll free calling plan con tained in this Code section shall demonstrate its financial hardship to the Public Service Commission before such recovery shall be allowed. It shall be within the discretion of the Public Service Commission to determine the methodology and source of recovery for any such affected telephone company. In determining the method of offsetting the costs associated with the 16 mile plan, the Public Service Commission shall first utilize any available earnings at the telephone companies seeking assistance in excess of those authorized in their respective tariffs. Such methodology and source for offsetting costs shall include but not be limited to recovery from the Universal Service Fund as permit ted under Code Section 50-5-200. (h) Nothing in this Code section shall be interpreted as amending, modifying, or repealing Code Section 46-2-23, relating to the rate-making power of the Public Service Commission generally and special provisions concerning telecommunications companies." 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:

Representative Canty of the 38th moves to amend the Committee substitute to SB 144 as follows:
Add to line 17 after the word Regents comma, the President of Morehouse Medical College, the President of Agnes Scott, the President of Spelman College.

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Abernathy N Adams N Aiken
Alford N Ashe N Atkins
Baker N Balkcom N Barfoot N Bargeron N Barnett.B
Barnett.M Y Bates N Beatty

Y Benefield Birdsong
Y Blitch Bordeaux
N Bostick N Branch N Breedlove Y Brooks Y Brown N Brush Y Buck N Buckner
Byrd N Campbell

Y Canty N Carrell N Carter
Cauthorn N Chafin N Chambless N Cheeks N Childers N Clark.E
Clark.L Coker N Coleman N Colwell N Connell

N Culbreth N Cummings.B
Cummings.M N Davis.D
Davis.G Davis.M N Dixon.H Dixon.S N Dobbs Y Dover N Dunn N Edwards N Elliott Felton

Fennel N Floyd.J.M N Floyd.J.W N Flynt
N Godbee N Golden N Goodwin E Green Y Greene N Griffin N Groover N Hamilton E Hammond N Manner

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N Harris.B N Harris,J N Heard N Henson N Herbert N Holland Y Holmes Y Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing Y Kingston N Klein Y Ladd
Lane,D N Lane.R
Langford

N Lawrence Y Lawson NLee N Long N Lord Y Lucas N Mann N Martin Y McBee N McCoy N McKelvey
McKinney.B McKinney.C N Meadows Y Merritt N Milam E Mills N Mobley Moody N Morsberger N Moultrie N Mueller

N Oliver.C N Oliver.M YOrr
Orrock N Padgett
Parham N Parrish N Patten Y Pelote N Perry N Pettit N Pinholster
Pinkston YPoag N Porter N Poston N Powell.A N Powell.C N Presley N Purcell
Randall NRay

Y Reaves Redding
N Ricketson N Royal
Selman N Sherrill N Simpson
Sinkfield Skipper N Smith.L N Smith.P Smitn.T N Smith, W Smyre N Snow N Stancil.F Y Stancil.S Stanley Y Streat Y Taylor N Teper N Thomas.C

On the adoption of the amendment, the ayes were 28, nays 108. The amendment was lost.

Thomas.M Thomas.N Y Thurmond Y Titus N Tolbert Y Townsend Turnquest N Twiggs Valenti N Vaughan N Walker,J N Walker.L N Wall N Watson N Watts White Wilder Williams.B Y Williams.J N Williams.R Yeargin Murphy,Spkr

The Committee substitute was adopted.

Representatives Coker of the 21st and Fennel of the 155th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

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 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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Brush YBuck Y Buckner

YByrd Y Campbell N Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L
Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings,B Cummings,M Davis.D Davis.G Davis.M Y Dixon.H Dixon.S Y Dobbs Y Dover

Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard

Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B

McKinney.C Y Meadows
Merritt Y Milam E Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston

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2935

Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal

Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith,P
Smith.T Y Smith.W
Smyre

Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat N Taylor Y Teper Y Thomas.C
Thomas.M Thomas,N

Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Valenti Y Vaughan Y Walker.J Y Walker.L

Y Wall Y Watson Y Watts
White Wilder Williams.B N Williams,J Y Williams.R Y Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 139, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Williams of the 48th, Wilder of the 21st, Thomas of the 31st, Stanley of the 33rd, Coker of the 21st, Davis of the 45th and Fennel of the 155th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Benefield of the 72nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Watson of the 114th moved that SB 144 be immediately transmitted to the Senate.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove N Brooks N Brown
Brush YBuck Y Buckner
Byrd Y Campbell N Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth N Cummings.B
Cummings,M N Davis.D
Davis.G Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Elliott Felton Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Y Hanner Y Harris.B Y Harris,J

N Heard Y Henson Y Herbert Y Holland N Holmes N Howard Y Hudson Y Irwin
Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein NLadd Y Lane.D Y Lane,R Y Langford N Lawrence N Lawson YLee YLong NLord N Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows N Merritt Y Milam

On the motion, the ayes were 119, nays 26. The motion prevailed.

E Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M NOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten N Pelote Y Perry Y Pettit N Pinholster Y Pinkston N Poag Y Porter Y Poston
Powell.A Y Powell.C Y Presley Y Purcell N Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F N Stancil.S
Stanley Y Streat N Taylor Y Teper Y Thomas.C
Thomas.M Thomas.N N Thurmond Y Titus N Tolbert Y Townsend Turnquest Y Twiggs Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Wilder Williams.B N Williams.J Y Williams.R Yeargin Murphy .Spkr

2936

JOURNAL OP THE HOUSE,

HR 1087. By Representatives Henson of the 57th, Murphy of the 18th, Kilgore of the 42nd, Valenti of the 52nd, Oliver of the 53rd and others: A resolution encouraging the Georgia High School Athletic Association and the Independent School Athletic Association to offer women's fast-pitch softball programs in the school systems of Georgia.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.D
Davis.G Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Fennel Y Floyd,J.M Y Floyd.J.W Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Groover Y Hamilton E Hammond Y Manner Y Harris.B Y HarrisJ

Y Heard Y Henson
Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

E Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L Y Wall Y Watson Y Watts White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Cauthorn of the 20th, Davis of the 45th, Stanley of the 33rd and Thomas of the 31st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem assumed the Chair.

SB 616. By Senators Thompson of the 33rd and Coleman of the 1st: A bill to amend Code Section 32-6-51 of the Official Code of Georgia Anno tated, relating to the prohibition and regulation of signs, signals, devices, or structures on the rights of way of public roads, so as to change the provisions relating to bus shelters; to restrict the right to erect and maintain bus shel ters.

FRIDAY, MARCH 20, 1992

2937

The following amendment was read and adopted:
The Committee on Transportation moves to amend SB 616 by inserting on line 24 of page 2 after "system" and before "within" the following:
"of a public road".
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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam

E Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith, W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 152, nays 0. amenTdjhe_edj. Bill, having received the requisite constitutional majority, was passed, as

Representatives Stanley of the 33rd, Thomas of the 31st, Fennel of the 155th and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Cauthorn of the 20th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

SB 543. By Senators Gillis of the 20th, Dean of the 31st and Hooks of the 14th: A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative find ings and purpose; to define certain terms.

2938

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL To amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Anno tated, relating to forest resources, so as to authorize prescribed burning as a resource pro tection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to pro vide for legislative findings and purpose; to define certain terms; to provide certain requirements in connection with prescribed burning; to limit liability in connection with prescribed burning except in cases of negligence in starting, controlling, or completing the burn; to provide for rules and regulations; to prescribe certain duties for the State Forestry Commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Anno tated, relating to forest resources, is amended by adding following Part 5 a new Part 6 to read as follows:
"Part 6 12-6-145. This part shall be known and may be cited as the 'Georgia Prescribed Burning Act." 12-6-146. (a) It is declared by the General Assembly that prescribed burning is a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state. The General Assembly finds that:
(1) Prescribed burning reduces naturally occurring vegetative fuels within forested areas. Reduction of such fuels by burning reduces the risk and severity of major wildfire, thereby lessening the threat of fire and the resulting loss of life and property;
(2) Georgia's ever-increasing population situates urban development directly adja cent to fire prone forest lands. The use of prescribed fire to manage fuels in interface areas would substantially reduce the threat of wildfire in urban communities;
(3) Forest land constitutes significant economic, biological, and aesthetic resources of state-wide importance. Prescribed burning on forest land serves to reduce hazard ous accumulations of fuels, prepare sites for both natural and artificial forest regenera tion, improve wildlife habitat, control insects and disease, and perpetuate fire dependent ecosystems;
(4) State and federally owned public use lands such as state parks, state and national forests, and wildlife refuges receive resource enhancement through use of pre scribed burning;
(5) As Georgia's population continues to grow, pressures from liability issues and smoke nuisance complaints cause prescribed burn practitioners to limit prescribed burn activity, thus reducing the above-mentioned benefits to the state;
(6) Public misunderstanding of the benefit of prescribed burning to the ecological and economic welfare of the state exerts unusual pressures that prevent uninhibited use of this valuable forest resource management tool; and
(7) Fire benefits deer, turkey, quail, and dove by the increased growth and yields of herbs and legumes. It also allows openings for feeding and travel, (b) It is the purpose of this part to authorize and promote the continued use of pre scribed burning for community protection, silvicultural, environmental, and wildlife management purposes. 12-6-147. As used in this part, the term:
(1) 'Commission' means the State Forestry Commission. (2) 'Prescribed burning' means the controlled application of fire to existing vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplishes one or more planned land management objectives.

FRIDAY, MARCH 20, 1992

2939

12-6-148. (a) Prescribed burning conducted under the requirements of this part shall:
(1) Be accomplished only when at an individual with previous prescribed burning experience or training is in charge of the burn and is present on site until the fire is adequately and reasonably confined to prevent escape of the fire from the area intended to be burned;
(2) Be considered in the public interest and shall not create a public or private nuisance;
(3) Be considered a property right of the landowner; and (4) Be conducted in accordance with a permit issued under Part 3 of this article. (b) No property owner or owner's agent conducting an authorized prescribed burn under this part shall be liable for damages or injury caused by fire or resulting smoke unless it is proven that there was negligence in starting, controlling, or completing the burn. 12-6-149. (a) The commission shall be authorized to promulgate rules or regulations relating to the use of prescribed burning. (b) The commission shall promulgate a certified prescribed fire manager program whereby practitioners may become qualified and registered under this part. (c) The commission shall utilize the same or similar record-keeping requirements of Part 3 of this article, the 'Georgia Forest Fire Protection Act,' to reflect the use of pre scribed burning under this part. (d) The commission shall institute a public information campaign in an effort to reveal the benefits of prescribed burning to the general public." 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:

Abernathy Y Adams Y Aiken Y Alford Y Ashe-,, Y Atkins Y Baker Y Balkcom N Barfoot Y Bargeron Y Barnett,B
Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Bostick Y Branch Y Breedlove Y Brooks Y Brown Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

E Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomaa.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin Murphy.Spkr

2940

JOURNAL OF THE HOUSE,

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 substi tute.

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.

SB 670. By Senators Robinson of the 16th and Edge of the 28th: A bill to amend Code Section 53-12-231 of the Official Code of Georgia Annotated, relating to incorporation of fiduciary powers by reference in a will or trust agreement, so as to provide that a provision in a will or trust agree ment which incorporates powers by citation and which was valid under the law in existence at the time the will was signed shall be effective despite the subsequent repeal of the statute cited; to provide a time limit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

E Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker ,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy T Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Stanley of the 33rd, Thomas of the 31st and Fennel of the 155th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

FRIDAY, MARCH 20, 1992

2941

SB 680. By Senators Steinberg of the 42nd, Shumake of the 39th, Johnson of the 47th and others: 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 pro vide for enforcement of commitments to participate in the Georgia Medicaid program by certain institutional health services; to provide for penalties; to provide an effective date.

The following Committee substitute was read:

A BILL To amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to the certificate of need program, so as to provide that certain health care facilities which obtain a certificate of need on or after a certain date and which terminate their participation as providers of medical assistance shall be subject to certain penalties; to provide for exceptions; to provide for a definition; to provide for practices, procedures, and requirements for terminating enrollment as a provider of medical assistance; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to the certificate of need program, is amended by adding, following Code Section 31-6-45.1, a new Code Section 31-6-45.2 to read as follows: "31-6-45.2. (a) Any proposed or existing health care facility which obtains a certifi cate of need on or after the effective date of this Code section based in part upon assur ances that it will participate as a provider of medical assistance, as defined in paragraph (6) of Code Section 49-4-141, and which terminates its participation as a provider of medical assistance, shall be subject to a monetary penalty in the amount of the differ ence between the Medicaid covered services which the facility agreed to provide in its certificate of need application and the amount actually provided; provided, however, that this Code section shall not apply if:
(1) The proposed or existing health care facility's certificate of need application was approved by the planning agency prior to the effective date of this Code section and the planning agency's approval of such application was under appeal on or after the effective date of this Code section and the planning agency's approval of such application is ultimately affirmed;
(2) Such facility's participation as a provider of medical assistance is terminated by the state or federal governments; or
(3) Such facility establishes good cause for terminating its participation as a provider of medical assistance. For purposes of this Code section, 'good cause' shall mean:
(A) Changes in the adequacy of medical assistance payments, as defined in para graph (5) of Code Section 49-4-141, provided that at least 10 percent of the facility's utilization during the preceding 12 month period was attributable to services to recipients of medical assistance, as defined in paragraph (7) of Code Section 49-4-141. Medical assistance payments to a facility shall be presumed adequate unless the revenues received by the facility from all sources are less than the total costs set forth in the cost report for the preceding full 12 month period filed by such facility pursuant to the state plan as defined in paragraph (8) of Code Section 49-4-141 which are allowed under the state plan for purposes of determining such facility's reimbursement rate for medical assistance and the aggregate amount of such facility's medical assistance payments (including any amounts received by the facility from recipients of medical assistance) during the preceding full 12 month cost reporting period is less than 85 percent of such facility's Medicaid costs for such period. Medicaid costs shall be determined by multiplying the allowable costs

2942

JOURNAL OF THE HOUSE,

set forth in the cost report, less any audit adjustments, by the percentage of the facility's utilization during the cost reporting period which was attributable to recip ients of medical assistance;
(B) Changes in the overall ability of the facility to cover its costs if such changes are of such a degree as to seriously threaten the continued viability of the facility; or
(C) Changes in the state plan, statutes, or rules and regulations governing providers of medical assistance which impose substantial new obligations upon the facility which are not reimbursed by Medicaid and which adversely affect the finan cial viability of the facility in a substantial manner. (b) A facility seeking to terminate its enrollment as a provider of medical assistance shall submit a written request to the Department of Medical Assistance documenting good cause for termination. The Department of Medical Assistance, after consultation with the planning agency, shall grant or deny the facility's request within 30 days. If the Department of Medical Assistance denies the facility's request, the facility shall be entitled to a hearing conducted in the same manner as an evidentiary hearing conducted by the Department of Medical Assistance pursuant to the provisions of Code Section 49-4-153 within 30 days of the Department of Medical Assistance's decision. (c) The imposition of the monetary penalty provided in this Code section shall com mence upon notification to the executive director of the planning agency by the commis sioner of medical assistance that said facility has terminated its participation as a provider of medical assistance. The monetary penalty shall be levied and collected by the planning agency on an annual basis for every year in which the facility fails to par ticipate as a provider of medical assistance. Penalties authorized under this Code section shall be subject to the same notices and hearings as provided for levy of fines under Code Section 31-6-45." 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 Davis of the 45th and Lawrence of the 49th move to amend the Com mittee substitute to SB 680 as follows:
By deleting all words after the word "Medicaid" on line 26 page 3, and lines 27 and 28 on page 3.
And inserting a period after the word Medicaid on line 26 page 3.

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Abernathy N Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom N Barfoot
Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch

Bordeaux N Bostick N Branch Y Breedlove N Brooks Y Brown Y Brush N Buck Y Buckner N Byrd Y Campbell
Canty N Carrell Y Carter N Cauthorn N Chafin N Chambless

Y Cheeks N Childers Y Clark.E Y Clark.L Y Coker N Coleman N Colwell
Connell N Culbreth N Cummings.B
Cummings.M Davis.D Davis.G Y Davis.M N Dixon.H Dixon.S Dobbs

Y Dover Dunn
Y Edwards Y Elliott
Felton N Fennel N Floyd.J.M N Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green Y Greene
Griffin N Groover N Hamilton

E Hammond Manner Harris.B
N Harris.J Y Heard N Henson N Herbert N Holland N Holmes Y Howard N Hudson N Irwin
Jackson N Jamieson Y Jenkins Y Jones N Kilgore

FRIDAY, MARCH 20, 1992

2943

N King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence
Lawson N Lee
Long N Lord N Lucas Y Mann N Martin N McBee N McCoy N McKelvey
McKinney.B

N McKinney.C N Meadows N Merritt Y Milam N Mills N Mobley
Moody N Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M N Orr N Orrock Y Padgett N Parham N Parrish N Patten Y Pelote

N Perry Pettit
Y Pinholster N Pinkston N Poag N Porter N Poston Y Powell.A
Powell.C Y Presley N Purcell N Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill

N Simpson N Sinkfield N Skipper N Smith.L N Smith.P N Smith.T Y Smith.W N Smyre
Snow Y Stancil.F Y Stancil.S
Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N Y Thurmond

On the adoption of the amendment, the ayes were 55, nays 92. The amendment was lost.

Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs N Valenti Y Vaughan N Walker.J N Walker.L Y Wall N Watson N Watts
White Y Wilder Y Williams.B N Williams.J Y Williams.R
Yeargin Murphy.Spkr

The following amendment was read:

Representatives Culbreth of the 97th, Smyre of the 92nd, Buck of the 95th and Harris of the 96th move to amend the Committee substitute to SB 680 by inserting in line 3 of page 1, immediately following the words "so as", the following:
"to provide for requiring specified minimum uncompensated indigent or charity care obligations and utilization levels for new perinatal services; to provide for revocation of the certificate of need of a new perinatal service in certain circumstances;".
By striking lines 13 through 17 of page 1 and inserting the following: "Section 1. Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, is amended by adding after Code Section 31-6-40.1 a new Code section to read as follows:
'31-6-40.2. (a) As used in this Code section, the term: (1) "Adjusted gross revenue" means gross revenue after provisions for bad debt
and any Medicaid, medicare, or other contractual adjustments have been deducted. (2) "Certificate of need application" means an application for a certificate of
need filed with the planning agency, any amendments thereto, and any other writ ten material relating to the application and filed by the applicant with the planning agency.
(3) "First three years of operation" means the first three consecutive 12 month periods beginning on the first day of a new perinatal service's first full calendar month of operation.
(4) "First year of operation" means the first consecutive 12 month period begin ning on the first day of a new perinatal service's first full calendar month of opera tion.
(5) "New perinatal service" means a perinatal service whose first year of opera tion ends after the date this Code section becomes effective.
(6) "Perinatal service" means obstetric and neonatal services. Perinatal services are classified by the planning agency as Level I, Level II, or Level III.
(7) "Uncompensated indigent or charity care" means the dollar amount of "net uncompensated indigent or charity care after direct and indirect (all) compensation"

2944

JOURNAL OF THE HOUSE,

as defined by, and calculated in accordance with, the planning agency's 1991 publi cation entitled "Instructions for 1991 Hospital Indigent Care Survey."
(8) "Urban area" means a county having a population of 50,000 or greater. (9) "Year" means one of the three consecutive 12 month periods in a new perinatal service's first three years of operation. (b) (1) A new perinatal service shall provide uncompensated indigent or charity care in an amount which meets or exceeds 3 percent of the adjusted gross revenue for such service for each of the service's first three years of operation; provided, however, that if the certificate of need application under which a new perinatal ser vice was approved included an agreement, representation, or commitment that uncompensated indigent or charity care would be provided in an amount greater than 3 percent of the adjusted gross revenue for any time period described in the certificate of need application that falls completely within such new perinatal service's first three years of operation, such new perinatal service shall provide indi gent or charity care in an amount which meets or exceeds the amount agreed, repre sented, or committed in the certificate of need application for each time period described in the certificate of need application that falls completely within the service's first three years of operation. The provisions of this paragraph shall apply only to Level II and Level III perinatal services. (2) The planning agency shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate or such grantee's successors, and after opportunity for a fair hearing pursuant to Chap ter 13 of Title 50, the "Georgia Administrative Procedure Act," the planning agency determines that such new perinatal service has failed to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection. The planning agency shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the first year, or, if applicable, the first time period described in paragraph (1) of this sub section during which the new perinatal service fails to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection. Revo cation shall be effective 30 days after the date of the determination by the planning agency that the requirements of paragraph (1) of this subsection have not been met. (c) (1) A new Level II perinatal service in an urban area shall achieve at least 1,500 births in at least one year during its first three years of operation. (2) A new Level III perinatal service shall achieve at least 1,500 births in at least one year during its first three years of operation. (3) The planning agency shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate of need or such grantee's successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," the planning agency determines that such new perinatal service has failed to meet the applicable requirements of paragraph (1) or (2) of this subsection. The planning agency shall provide the requisite notice, conduct the fair hearing, if requested, and Tender its determination within 90 days after the end of the new perinatal service's first three years of operation. Revocation shall be effective 30 days after the date of the deter mination by the planning agency that the requirements of paragraph (1) or (2) of this subsection have not been met. (d) Nothing contained in this Code section shall limit the planning agency's authority to regulate perinatal services in ways or for time periods not addressed by the provisions of this Code section.' Section 2. Said chapter is further amended by adding, following Code Section 31-6-45.1, a new Code Section 31-6-45.2 to read as follows:".

FRIDAY, MARCH 20, 1992

2945

By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

The following amendment to the Culbreth amendment was read and lost:

Representative Wilder of the 21st moves to amend the Culbreth amendment to SB 680 as follows:
On page 2 on line 31 after the word care add the following: And receive a tax credit on their state tax return equal to the uncompensated care given.

The Culbreth amendment was adopted.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings,B Cummings.M Y Davis.D Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards N Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee Y Long YLord Y Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit N Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White N Wilder Y Williams.B Y Williams.J N Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 13. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Cummings of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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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 2155. By Representative Coleman of the 118th: A bill to amend an Act providing a new charter for the City of Eastman, so as to extend and increase the corporate limits of the City of Eastman.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2156. By Representative Manner of the 131st: A bill to amend an Act entitled "An Act to increase the number of commis sioners of roads and revenues for the county of Calhoun from three to five," so as to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2158. By Representatives Cummings of the 17th and Murphy of the 18th: A bill to amend an Act providing certain additional compensation for the clerk of the superior court of all counties of this state having a certain popu lation, so as to change the population figure in said Act.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2159. By Representatives Watson of the 114th and Walker of the 113th: 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 inclusion of certain prop erty within the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2160. By Representatives Coker of the 21st, Atkins of the 21st, Klein of the 21st, Clark of the 20th, Aiken of the 21st and others: A bill to amend an Act creating the board of commissioners of Cobb County, so as to amend provisions relating to county purchases.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2161. By Representatives Dixon of the 128th, Hamilton of the 124th, Kingston of the 125th, Pelote of the 127th, Merritt of the 123rd and others: A bill to amend an Act creating a new charter for the City of Garden City, so as to extend the present corporate limits of said municipality and annex and incorporate certain additional land to said municipality.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2162. By Representatives Dixon of the 128th, Hamilton of the 124th, Kingston of the 125th, Bordeaux of the 122nd, Merritt of the 123rd and others: A bill to amend an Act creating a new charter for the City of Garden City, so as to increase the limit of the authority of the recorder's court to impose fines for contempt from $50.00 to $500.00.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, MARCH 20, 1992

2947

HB 2163. By Representative Davis of the 45th: A bill to amend an Act providing that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income does not exceed $15,000 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes, so as to change certain provisions with respect to the income limitation and the value of the homestead to be exempt.
Referred to the Committee on State Planning & Community Affairs - Local.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1672. By Representatives Coker of the 21st and Aiken of the 21st: A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the compensation of the chairman.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 618. By Senators Ragan of the 10th, Gillis of the 20th, English of the 21st and others: A bill to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to water resources, so as to create the Governor's Ground-water Advisory Council; to provide for the appointment of members; to provide for terms of office and filling vacancies in office; to provide for the appointment of a chairman; to provide for payment for travel and expenses; to provide duties and functions of such council.

The following amendment was read:

Representative Colwell of the 4th moves to amend SB 618 by striking on line 1 of page 1 the following:
"Article 1 of. By striking on lines 2 and 3 of page 1 the following: "general provisions applicable to". By inserting on line 9 of page 1, after the word and symbol "Council;", the following: "to provide that certain restrictions on marine toilets shall apply to Lake Blue Ridge; to amend Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on certain lakes, so as to provide that a certain fed eral act shall take precedence over state law;" By striking on line 11 of page 1 the following: "Article 1 of.

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JOURNAL OF THE HOUSE,

By striking on lines 12 and 13 of page 1 the following: "general provisions applicable to". By inserting immediately following line 32 on page 2 the following: "Section 2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 12-5-29, relating to sewage and waste disposal and related matters, and inserting in lieu thereof the following:
'(c) As applied to the waters of Allatoona Lake, Lake Blackshear, Lake Thurmond, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Rich ard B. Russell Lake, Walter F. George Reservoir, Lake Blue Ridge, and West Point Lake, except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel having a marine toilet as the term is defined in Code Section 52-7-3 unless such marine toilet only discharges into a holding tank as the term is defined in Code Section 52-7-3; and it shall further be unlawful to operate or float such a ves sel, whether moored or not, unless it has a certificate for such holding tank issued by the department affixed thereto.' Section 3. Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on certain lakes, is amended by striking in their entireties subsections (a), (b), (c), (e), and (j) and inserting in lieu thereof, respectively, the following: '(a) (1) The General Assembly finds that because of the increasing number of ves sels having marine toilets which are operated or moored on Allatoona Lake, Lake Blackshear, Lake Thurmond, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Russell Lake, Walter F. George Reservoir, Lake Blue Ridge, and West Point Lake, it is necessary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from such vessels into the waters of such lakes.
(2) Because of the findings stated in paragraph (1) of this subsection, it is declared to be the intent of the General Assembly to protect and enhance the quality of the waters of such lakes by requiring greater environmental protection than is provided pursuant to Section 312 of the Federal Water Pollution Control Act, as amended, such that any discharge of sewage from a vessel into the waters of such lakes shall be pro hibited. (b) ft Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel, whether moored or not, on protected fresh waters, from which sewage is discharged into such protected fresh waters. (c) ft Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful to operate or float any vessel on protected fresh waters which has located within or on such vessel a marine toilet, unless such marine toilet is designed and operated to prevent the discharge of sewage, treated or untreated, into protected fresh waters and is equipped with a holding tank, as the term is defined in Code Section 52-7-3, which is constructed and installed in such a manner that it can be emptied only by pumping out.' '(e) ft Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel having a marine toilet, whether moored or not, on protected fresh waters, unless it has a certificate issued by the department affixed thereto immediately adjacent to its registration number. No certificate may be issued unless a marine toilet and hold ing tank, as the terms are defined in Code Section 52-7-3, have been properly installed on the vessel.'

FRIDAY, MARCH 20, 1992

2949

'(j) The provisions ef this Code acction shatt apply te any vessel constructed en er oeiore s/sifiuftFy ~t^ ty roj ift flccofflflncc wrtft rules stropted oy trie DOSPQ or iNQturfti

v^ode section to trie contrflry, nto owner ot ft vessel constructeel on of oeiore uflnuflry T^ iy i Oj snsll oe required to oDtflin s certiticflte lor ft mftFine toilot oeiore ueccmDCF "O'l, 1091. In the event any provision of this Code section is found to be in conflict with the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, such federal act shall control.'"
By redesignating Section 2 as Section 4.
The following amendment to the Colwell amendment was read and adopted;
Representatives Colwell of the 4th and Yeargin of the 14th move to amend the Colwell amendment to SB 618 as follows:
On page 2 line 4 strike Clarks Hill Lake and insert Lake Thurmond.
The Colwell amendment, as amended, was adopted.
The following amendment was read and adopted:
Representative Heard of the 43rd moves to amend SB 618 by striking on line 26 of page 1 the word "and".
By inserting on line 27 of page 1, between the word "Association" and the symbol ".", the following:
", and the Georgia Drillers Association".
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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner YByrd

Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards

Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson

Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Long YLord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall

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YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thoraas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus

Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall

Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolutions of the House were read and adopted:

HR 1091.

By Representatives Thomas of the 31st, Sinkfield of the 37th, Davis of the 29th, McKinney of the 35th and Orrock of the 30th: A resolution expressing condolences at the passing of John Charles Birdine, Jr.

HR 1092.

By Representative Thomas of the 55th: A resolution congratulating Mr. and Mrs. Edward F. Parrish, Jr., on the occasion of their fortieth wedding anniversary.

HR 1093. By Representative Thomas of the 55th: A resolution congratulating Mr. and Mrs. Albert Wells on the occasion of their fifty-seventh wedding anniversary.

HR 1094.

By Representatives Buckner of the 72nd, Lee of the 72nd, Chafin of the 72nd, King of the 72nd and Benefield of the 72nd: A resolution commending the Reverend Richard Herbert Burcher.

HR 1095. By Representative Greene of the 130th: A resolution commending the Randolph-Clay High School Girls' Basketball Team.

HR 1096. By Representative Ray of the 98th: A resolution recognizing and commending Mr. H. W. "Hal" Peavy, Jr.

HR 1097.

By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution recommending and urging that the Commissioner of Agriculture renegotiate a certain rental agreement with the Georgia Mountain Apple Growers Association.

HR 1098.

By Representatives Brooks of the 34th and McKinney of the 40th: A resolution commending Ms. Oshetha Shakoor upon her winning the 1992 Share the Dream Essay Contest.

HR 1099. By Representatives Brooks of the 34th and McKinney of the 40th: A resolution expressing regret at the passing of Mr. William A. Scott III.

FRIDAY, MARCH 20, 1992

2951

HR 1100. By Representative Bates of the 141st: A resolution commending the Seminole County High School basketball team.

HR 1101.

By Representatives Jenkins of the 80th and Smith of the 78th: A resolution endorsing "Project Graduation" and congratulating the 1992 graduating class of Lamar County High School for its participation in the project.

HR 1102. By Representatives Powell of the 13th and Clark of the 13th: A resolution commending Commander Clifton Eavenson and the John L. Whitworth VFW Post in Lavonia.

HR 1103. By Representatives Powell of the 13th and Clark of the 13th: A resolution commending Holden Fleming.

HR 1104. By Representative Ricketson of the 82nd: A resolution expressing condolences at the passing of Mr. Arthur D. Brown.

HR 1105.

By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th, Harris of the 84th, Barnett of the 10th and others: A resolution commending the Conservation Use Valuation Advisory Group.

HR 1108.

By Representatives Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Dixon of the 128th, Cummings of the 17th and others: A resolution commending Doug Stone.

HR 1109.

By Representatives Colwell of the 4th, Dover of the llth, Twiggs of the 4th, Dixon of the 128th, Cummings of the 17th and others: A resolution commending Travis Tritt.

HR 1110. By Representatives Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Dixon of the 128th, Cummings of the 17th and others: A resolution commending Trisha Yearwood.

HR 1111.

By Representatives Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Dixon of the 128th, Cummings of the 17th and others: A resolution commending Alan Jackson.

HR 1112. By Representative Meadows of the 91st: A resolution commending the Greenville High School boys' basketball team.

The following Resolution of the House was read:

HR 1106. By Representatives Lee of the 72nd, Walker of the 115th, Watts of the 41st, Hanner of the 131st and Connell of the 87th

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JOURNAL OF THE HOUSE,

A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn at 5:00 P.M. on Friday, March 20, 1992, and shall reconvene on Monday, March 23, 1992. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 23 may be as ordered by the Senate; and the hour for convening the House on March 23 may be as ordered by the House.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Y Manner Y Harris.B Y HarrisJ

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Long Y Lord Y Lucas YMann
Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,?
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 164, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Regu lated Beverages:
SB 773. By Senators Garner of the 30th, Tysinger of the 41st, Broun of the 46th and others: A bill to amend Code Section 10-9-4 of the Official Code of Georgia Anno tated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Congress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alcoholic beverages for consumption on the premises of the projects of or under the control of the authority; to provide an effective date.

FRIDAY, MARCH 20, 1992

2953

By unanimous consent, further consideration of SB 672 was postponed until Monday, March 23, 1992, immediately following the period of unanimous consents.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:

SB 535. By Senators Johnson of the 47th, Garner of the 30th, Deal of the 49th 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 comprehensive revision of provisions regarding the review, continuation, reestablishment, or termina tion of certain regulatory agencies; to provide for legislative intent; to provide for 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 roll call was ordered and the vote was as follows:

Y Abernathy Y Adams N Aiken Y Alford N Ashe N Atkins
Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Brush YBuck Y Buckner YByrd N Campbell Y Canty Y Carrell Y Carter N Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

N Clark.E Y Clark.L N Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D
Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott N Felton Y Fennel Y Floyd.J.M
Floyd.J.W Y Flynt Y Godbee Y Golden N Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Jackson Y Jamieson N Jenkins Y Jones Y Kilgore YKing N Kingston N Klein N Ladd Y Lane.D Y Lane.R
Langford N Lawrence N Lawson Y Lee YLong YLord Y Lucas N Mann
Martin Y McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody N Morsberger Y Moultrie N Mueller Y Oliver.C
Oliver.M NOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit N Pinholster Y Pinkston N Poag Y Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre
Snow Y Stancil.F N Stancil.S Y Stanley Y Streat Y Taylor Y Teper
Thomas,C Y Thomas.M Y Thomas.N Y Thurmond N Titus N Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White N Wilder N Williams.B Y Williams.J N Williams.R Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 127, nays 33. The Bill, having received the requisite constitutional majority, was passed.

SB 495. By Senator Ramsey of the 54th: A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, so as to provide for compensation for persons performing marriage ceremonies.

2954

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL To amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Anno tated, relating to marriage licenses and ceremonies, so as to authorize judges to receive and retain as personal income certain voluntary tips, considerations, or gratuities for perform ing marriage ceremonies; 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 19 of the Official Code of Georgia Anno tated, relating to marriage licenses and ceremonies, is amended by adding at the end thereof a new Code Section 19-3-49 to read as follows: "19-3-49. In addition to any compensation otherwise provided by law, any judge who performs a marriage ceremony at any time, including during normal office hours, may receive and retain as personal income any tip, consideration, or gratuity voluntarily given to such judge for performing such marriage ceremony." 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 Mueller of the 126th moves to amend the Committee substitute to SB 495 as follows:
Line 15 pg. 1 strike including during and add except.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken N Alford Y Ashe N Atkins
Baker N Balkcom
Barfoot N Bargeron Y Barnett.B
Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick N Branch N Breedlove Y Brooks Y Brown Y Brush NBuck Y Buckner NByrd Y Campbell Y Canty N Carrell N Carter

Y Cauthorn N Chafin N Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L N Coker N Coleman N Colwell
Connell N Culbreth N Cummings,B
Cummings,M Y Davis.D
Davis.G Y Davis.M N Dixon.H Y Dixon.S N Dobbs
Dover Dunn N Edwards Y Elliott N Felton N Fennel N Floyd.J.M Floyd.J.W N Flynt N Godbee N Golden

Y Goodwin E Green Y Greene
Griffin N Groover Y Hamilton E Hammond N Manner Y Harris.B N HarrisJ N Heard
Henson N Herbert Y Holland Y Holmes Y Howard N Hudson N Irwin N Jackson N Jamieson Y Jenkins Y Jones Y Kilgore N King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford N Lawrence

Y Lawson NLee N Long N Lord N Lucas YMann
Martin McBee N McCoy Y McKelvey N McKinney.B McKinney.C Y Meadows Y Merritt Milam N Mills N Mobley N Moody Y Morsberger N Moultrie Y Mueller N Oliver.C Y Oliver.M Orr Orrock N Padgett Y Parham N Parrish N Patten Y Pelote Y Perry

N Pettit Y Pinholster N Pinkston N Poag
Porter N Poston Y Powell.A Y Powell.C Y Presley N Purcell N Randall N Ray N Reaves
Redding Y Ricketson N Royal N Selman N Sherrill Y Simpson N Sinkfield N Skipper Y Smith.L N Smith.P
Smith.T N Smith.W Y Smyre N Snow Y Stancil.F Y Stancil.S Y Stanley N Streat

FRIDAY, MARCH 20, 1992

2955

N Taylor N Teper N Thomas.C
Thomas.M N Thomas,N

Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest

N Twiggs Y Valenti Y Vaughan N Walker.J N Walker.L

Y Wall N Watson N Watts
White Y Wilder

On the adoption of the amendment, the ayes were 68, nays 84. The amendment was lost.

Y Williams.B N Williams.J Y Williams.R
Yeargin N Murphy.Spkr

The following amendment was read and withdrawn:

Representatives Wall of the 61st, Breedlove of the 60th and Mobley of the 64th move to amend the Committee substitute to SB 495 as follows:
Add a new section to read as follows: "This Act shall not apply to the Probate Court of Gwinnett County".

Representative Mueller of the 126th moved that the House reconsider its action in failing to adopt the Mueller amendment.
On the motion, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker N Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch Y Bordeaux N Bostick Y Branch N Breedlove Y Brooks Y Brown Y Brush N Buck Y Buckner N Byrd Y Campbell Y Canty Y Carrell N Carter Y Cauthorn N Chafin N Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth N Cummings,B Y Cummings.M Y Davis.D
Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn N Edwards Y Elliott Y Felton N Fennel
Floyd.J.M Y Floyd.J.W N Flynt Y Godbee N Golden Y Goodwin E Green Y Greene
Griffin N Groover Y Hamilton E Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard N Hudson N Irwin N Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence N Lawson NLee N Long NLord Y Lucas Y Mann
Martin Y McBee N McCoy Y McKelvey N McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam

On the motion, the ayes were 109, nays 49. The motion prevailed.

Y Mills Y Mobley N Moody Y Morsberger N Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr
Orrock N Padgett Y Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston YPoag
Porter N Poston Y Powell.A Y Powell.C Y Presley
Purcell Y Randall YRay N Reaves
Redding Y Ricketson N Royal Y Selman Y Sherrill N Simpson Y Sinkfield

N Skipper Y Smith.L Y Smith.P N Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper N Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan N Walker.J N Walker.L Y Wall N Watson N Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R N Yeargin N Murphy.Spkr

On the adoption of the Mueller amendment, the roll call was ordered and the vote was as follows:

2956

JOURNAL OF THE HOUSE,

Abernathy N Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker N Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M N Bales Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush N Buck Y Buckner NByrd Y Campbell Y Canty
Carrell N Carter Y Cauthorn N Chafin N Chambless Y Cheeks Y Childers

Y Clark.E N Clark.L Y Coker N Coleman N Colwell
Connell N Culbreth N Cummings,B
Cummings.M Y Davis.D
Davis.G Y Davis,M N Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn N Edwards Y Elliott N Felton N Fennel N Floyd.J.M Y Floyd.J.W N Flynt Y Godbee N Golden Y Goodwin E Green N Greene
Griffin N Groover Y Hamilton E Hammond N Manner Y Harris.B N Harris,J

N Heard Y Henson Y Herbert N Holland Y Holmes Y Howard N Hudson N Irwin N Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D N Lane.R
Langford N Lawrence Y Lawson NLee N Long N Lord N Lucas Y Mann
Martin Y McBee N McCoy Y McKelvey N McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam

N Mills Y Mobley N Moody Y Morsberger N Moultrie Y Mueller N Oliver.C Y Oliver.M Y Orr Y Orrock N Padgett Y Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston N Poag
Porter N Poston Y Powell.A Y Powell.C Y Presley N Purcell Y Randall YRay
Reaves Redding Y Ricketson N Royal Y Selman Y Sherrill N Simpson Sinkfield

On the adoption of the amendment, the ayes were 89, nays 69. The amendment was adopted.

N Skipper N Smith.L Y Smith.P N Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley N Streat N Taylor Y Teper N Thomas.C N Thomas.M Y Thomas.N N Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan N Walker.J N Walker.L Y Wall N Watson N Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R
Yeargin N Murphy,Spkr

The following amendment was read and ruled out of order:

Representatives Campbell of the 23rd and Harris of the 84th move to amend the Committee substitute to SB 495 as follows:
By striking the words "including during" from line 15, page 1, and by adding in lieu thereof, the word "excluding".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates

Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks
Brown Y Brush YBuck Y Buckner

YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E N Clark.L Y Coker

Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M N Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover

Y Dunn Y Edwards Y Elliott N Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene

FRIDAY, MARCH 20, 1992

2957

Griffin
Y Groover Y Hamilton E Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston
Y Klein

Y Ladd
Y Lane.D Y Lane.R
Langford Y Lawrence N Lawson Y Lee Y Long Y Lord Y Lucas
Y Mann Martin
Y McBee Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley
Y Moody

Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver,M N Orr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
N Poag Y Porter N Poston Y Powell.A Y Powell.C Y Presley
Y Purcell

Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper 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 Streat Y Taylor
Y Teper

Y Thomas.C
Y Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker.J Y Walker.L N Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, SB 495 was ordered immediately transmitted to the Senate.

SB 595. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Anno tated, relating to emergency management, so as to create the Georgia Emer gency Management Agency as a separate agency and successor to the Emergency Management Division, Department of Defense; to provide for the director of emergency management; to assign the agency to the Office of Planning and Budget for administrative purposes only; to abolish the posi tion of executive director of emergency management.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks

Y Brown Y* Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty
Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B

Y Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene
Griffin

Y Groover Y Hamilton E Hammond Y Hanner Y Harris.B Y Harris.J Y Heard
Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein

Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley

2958

JOURNAL OF THE HOUSE,

Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry

Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell
Randall YRay
Reaves Redding

Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs

Y Valenti Vaughan
Y WalkerJ Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R 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.

Representatives Randall of the 101st and Vaughan of the 20th 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.

SB 554. By Senator Dean of the 31st: A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Anno tated, relating to assumption of duties by chief clerk upon vacancy in office of probate court, so as to provide that the chief clerk shall assume the same compensation as the probate judge less any longevity raises received by such 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 roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin

Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Y Cummings.M Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin

Y Groover Y Hamilton E Haramond
Hartner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas YMann

Y Martin Y McBee
McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit
Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Turnquest

FRIDAY, MARCH 20, 1992

2959

Y Twiggs Y Valenti Y Vaughan

Y Walker.J Y Walker.L Y Wall

Y Watson Y Watts
White

Y Wilder Y Williams.B Y Williams,J

Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1607.

By Representatives Colwell of the 4th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of proba tion or suspension of sentence, to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations of pro bation, so as to provide that defendants shall not in the same or related sen tences be sentenced to both prison and probation.

The following Senate substitute was read:

A BILL To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of probation or suspension of sentence; to change pro visions relating to continuing jurisdiction over probated sentences; to change procedures relating to shortening a period of probation; to provide for notification of victims of cer tain crimes and their right to appear at hearings concerning shortened probation; to pro vide that the Department of Corrections shall have jurisdiction over the suspension of sentences of misdemeanor probationers; to amend Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to awarding earned-time allowances, so as to authorize the Department of Corrections to provide for a system of work incentive credits for felony inmates; to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to provide that the provisions of said Code section shall be subject to the provisions of certain other statutes; to provide for a two-year maximum period of supervision; to authorize the chief judge of any court within a county to enter into agreements with private entities for misdemeanor probation services or to establish a county probation system for misdemeanors; to create the County Probation Advisory Council; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relat ing to pardons and paroles, so as to authorize the Board of Pardons and Paroles to enter into memoranda of agreement evidencing contracts for programs and services on behalf of persons in its legal custody; to provide for the collection of fines, restitution, or other funds during the period of parole; to provide that inmates serving sentences for violent crimes shall not be paroled prior to having served one-third of their prison sentences; to provide for mandatory revocation of parole in certain cases; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety subsection (a) of Code Section 17-10-1, relating to the fixing of sen tences, which reads as follows:

2960

JOURNAL OF THE HOUSE,

"(a) (1) Except in cases in which life imprisonment or the death penalty must be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or fel ony and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years, which shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate the sentence under such rules and regulations as he deems proper. The judge shall also be empowered to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court. After the term of court, or 60 days from the date on which the sentence was imposed by the judge, whichever time is greater, he shall have no authority to suspend, probate, modify, or change the sentence of the defendant, except as provided in paragraph (2) of this subsection or as otherwise provided by law.
(2) Where a defendant has been sentenced to probation, the court shall retain jurisdiction throughout the period of the probated sentence to shorten the period of probation on motion of the defendant or on its own motion, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protec tion of society, and the rehabilitation of the defendant. Prior to entering any order for shortening a period of probation, the court shall afford notice and an opportunity for hearing to the prosecuting attorney; the victim or victims of the crime, if any; and the defendant by registered mail.", and inserting in lieu thereof a new subsection (a) to read as follows: "(a) (1) Except in cases in which life imprisonment or the death penalty must be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or fel ony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, subject to the conditions set out in this subsection.
(2) Probation supervision shall terminate in all cases no later than two years from the commencement of probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, in those cases involving the collection of fines, restitution, or other funds, the period of supervision shall remain in effect for so long as any such obligation is out standing.
(3) Any part of a sentence of probation revoked for a violation other than a subse quent felony offense or a conviction of a misdemeanor involving physical violence which in the opinion of the trial court constitutes a danger to the community or a serious infraction occurring within an alternative probation confinement facility shall be served in a probation detention center, probation boot camp, diversion center, weekend lock up, or confinement in a local jail or detention facility, or other commu nity correctional alternatives available to the court or provided by the Department of Corrections.
(4) In cases of imprisonment followed by probation, the sentence shall specifically provide that the period of probation shall not begin until the defendant has been released from the jurisdiction of the Board of Pardons and Paroles; provided, however, that a sentencing court has the power to revoke the probated portion of a split-term sentence during the time the defendant is under the jurisdiction of the Board of Par dons and Paroles. Any felony or misdemeanor offense involving physical violence com mitted during any period of parole shall not be bondable.
(5) (A) Where a defendant has been sentenced to probation, the court shall retain jurisdiction throughout the period of the probated sentence as provided for in subsection (g) of Code Section 42-8-34. Without limiting the generality of the foregoing, the court may shorten the period of probation on motion of the defendant or on its own motion, if the court determines that probation is no longer necessary

FRIDAY, MARCH 20, 1992

2961

or appropriate for the ends of justice, the protection of society, and the rehabilita tion of the defendant. Prior to entering any order for shortening a period of proba tion, the court shall afford notice and an opportunity for hearing to the defendant, the prosecuting attorney, and the victim or victims of all sex related offenses or vio lent offenses resulting in personal injury or death.
(B) The Department of Corrections shall establish a form document which shall include the elements set forth in this Code section concerning notification of victims and shall make copies of such form available to prosecuting attorneys in the state. When requested by the victim, the form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the probation office having jurisdiction over the case and contain a statement that the victim must maintain a copy of his or her address with the probation office and must notify the office of any change of address in order to maintain eligibility for notification by the Department of Corrections as required in this Code section."
Section 2. Said article is further amended by adding at the end of Code Section 17-10-3, relating to punishments for misdemeanors generally, a new subsection (g) to read as follows:
"(g) Supervision of a defendant by the Department of Corrections may be imposed in probated or suspended misdemeanor sentences only for the misdemeanor offenses set forth in Title 16, Code Sections 40-6-391, 40-6-393, 40-6-393.1, 40-6-394, or subsection (c) of Code Section 40-6-395, and for all misdemeanor offenses of a high and aggravated nature. Except as provided in this subsection, the Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders."
Section 3. Article 5 of Chapter 5 of Title 42 of the Official Code of Georgia Anno tated, relating to awarding earned-time allowances, is amended by adding at the end thereof a new Code Section 42-5-101 to read as follows:
"42-5-101. (a) The Department of Corrections is authorized to devise and to pro vide by agency rule a system of work incentive credits which may be awarded by the department to persons committed to its custody for any felony prison term other than life imprisonment.
(b) Work incentive credits may be awarded by the department to recognize inmates' institutional attainments in academic or vocational education, satisfactory performance of work assignments made by the penal institution, and compliance with satisfactory behavior standards established by the department.
(c) The department may award up to one day of work incentive credits for each day during which the subject inmate has participated in approved educational or other coun seling programs, has satisfactorily performed work tasks assigned by the penal institu tion, and has complied with satisfactory behavior standards established by the department.
(d) Any work incentive credits awarded an inmate by the department shall be reported by the department to the State Board of Pardons and Paroles which shall con sider such credits when making a final parole release decision regarding the subject inmate. The department is authorized to recommend the board apply the work incentive credits to advance any tentative parole release date already established for the subject inmate.
(e) The department also shall report to the State Board of Pardons and Paroles the cases of inmates who decline or refuse to participate in work, educational, or counseling programs, who fail to comply with satisfactory behavior standards, and who therefore refuse to earn work incentive credits."
Section 4. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking in its entirety subsection (c) of Code Section 42-8-34, relating to hearings and determinations of probation, which reads as follows:
"(c) If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and

2962

JOURNAL OF THE HOUSE,

the welfare of society do not require that the defendant shall presently suffer the pen alty imposed by law, the court in its discretion shall impose sentence upon the defend ant but may stay and suspend the execution of the sentence or any portion thereof or may place him on probation under the supervision and control of the probation supervi sor for the duration of such probation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defend ant.", and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Subject to the provisions of subsection (a) of Code Section 17-10-1 and subsec tion (g) of Code Section 17-10-3, if it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall pres ently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any por tion thereof or may place him on probation under the supervision and control of the probation supervisor for the duration of such probation. The period of probation or sus pension shall not exceed the maximum sentence of confinement which could be imposed on the defendant."
Section 5. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 42-8-34.1, relating to limitation on probation or parole supervision, which reads as follows:
"(e) In no event shall an offender be supervised on probation or parole, or both, for more than a total of four years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except upon written order of the court for the purpose of enforcing restitution or fines or for the protection of the victim or class of victims as defined by age or gender or by type of crime committed.", and inserting in its place a new subsection (e) to read as follows:
"(e) In no event shall an offender be supervised on probation for more than a total of two years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement, except as provided by paragraph (2) of subsection (a) of Code Section 17-10-1."
Section 6. Said chapter is further amended by striking in its entirety Code Section 42-8-100, relating to probation services provided by private corporations, enterprises, or agencies, which reads as follows:
"42-8-100. (a) The judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of that county, is authorized to enter into an agreement with a private corporation, enterprise, or agency to provide general probation supervision, fine collection services, counseling, and other probation services for persons convicted of a misdemeanor in the probate court or magis trate court of the county and placed on probation in the county.
(b) The judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of that county, is authorized to establish a county probation system to provide general probation supervision, fine collec tion services, counseling, and other probation services for persons convicted of a misde meanor in the probate court or magistrate court of the county and placed on probation in the county.", and inserting in lieu thereof a new Code Section 42-8-100 to read as follows:
"42-8-100. The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into agreements with private corporations, enterprises, or agencies, or to establish a county probation system, to pro vide general supervision and collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the convic tion, counseling, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county."

FRIDAY, MARCH 20, 1992

2963

Section 7. Said chapter is further amended by striking in its entirety Code Section 42-8-101, relating to the Advisory Council for Probation in the Probate and Magistrate Courts, which reads as follows:
"42-8-101. There is created the Advisory Council for Probation in the Probate and Magistrate Courts, to be composed of one probate judge designated by the Council of Probate Court Judges, one chief magistrate designated by the Council of Magistrate Court Judges, and the commissioner of corrections or his designee. Such council shall promulgate rules and regulations regarding contracts or agreements for probation ser vices as authorized in subsection (a) of Code Section 42-8-100 and regarding standards and qualifications in the provision of probation services in the probate court or magis trate court.", and inserting in lieu thereof a new Code Section 42-8-101 to read as follows:
"42-8-101. There is created the County Probation Advisory Council, to be composed of one superior court judge designated by the Council of Superior Court Judges, one state court judge designated by the Council of State Court Judges, one sheriff desig nated by the Georgia Sheriffs' Association, one probate court judge designated by the Council of Probate Court Judges, one chief magistrate designated by the Council of Magistrate Court Judges and a representative of Crime Victim Advocacy Organization appointed by the Governor, and the commissioner of corrections or his designee. Such council shall promulgate rules and regulations regarding contracts or agreements for pro bation services as authorized by Code Section 42-8-100."
Section 8. Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by striking in its entirety Code Section 42-9-21, relat ing to the supervision of persons placed on parole or other conditional release, which reads as follows:
"42-9-21. The board shall have the function and responsibility of supervising all per sons placed on parole or other conditional release by the board.", and inserting in its place a new Code Section 42-9-21 to read as follows:
"42-9-21. (a) The board shall have the function and responsibility of supervising all persons placed on parole or other conditional release by the board.
(b) The board is authorized to enter into memoranda of agreement or other written documents evidencing contracts with other state agencies, persons, or nonsectarian enti ties, for services or for programs deemed by the board to be necessary for parolees or others conditionally released from imprisonment by order of the board.
(c) In those cases involving the collection of fines, restitution, or other funds, such collection shall begin during the period of parole."
Section 9. Said chapter is further amended by adding at the end of Code Section 42-9-45, relating to general rule-making powers, a new subsection (f) to read as follows:
"(f) Except to correct a patent miscarriage of justice and not otherwise, no inmate serving a sentence imposed for any of the crimes listed in this subsection shall be granted release on parole until and unless said inmate has served on good behavior seven years of imprisonment or one-third of the prison term imposed by the sentencing court for the violent crime, whichsoever first occurs. No inmate serving a sentence for any crime listed in this subsection shall be released on parole for the purpose of regu lating jail or prison populations. This subsection shall govern parole actions in sentences imposed for any of the following crimes: voluntary manslaughter, armed robbery, kid napping, rape, aggravated sodomy, aggravated child molestation, statutory rape, incest, cruelty to children, arson in the first degree, homicide by vehicle while under the influ ence of alcohol or as a habitual traffic violator, aggravated battery, aggravated assault, trafficking in drugs, and violations of Chapter 14 of Title 16, the 'Georgia RICO (Racke teer Influenced and Corrupt Organizations) Act.'"
Section 10. Said chapter is further amended by striking subsection (a) of Code Sec tion 42-9-51, relating to final parole revocation hearings, which reads as follows:
"(a) A parolee who has allegedly violated the terms of his parole or conditional release shall have a right to a final hearing before the board, to be held within a reason able time after the occurrence of one of the events listed in this subsection. However,

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a final hearing shall not be required if the parolee or conditional releasee has signed a waiver of final hearing or has been convicted of or entered a plea of guilty or nolo contendere to any crime, whether felony or misdemeanor, in a court of record of this state. The final hearing, if any, shall be held within a reasonable time:
(1) After an arrest warrant has been issued by a member of the board and proba ble cause for revocation has been found by the preliminary hearing officer;
(2) After a majority of the board overrules a determination by the preliminary hearing officer that probable cause does not exist;
(3) After the board or two of its members are informed of an alleged violation and decide to consider the matter of revocation without issuing a warrant for the alleged violator's arrest; or
(4) After a determination has been made that no preliminary hearing is required under subsection (a) of Code Section 42-9-50.", and inserting in lieu thereof a new subsection (a) to read as follows: "(a) A parolee who has allegedly violated the terms of his parole or conditional release shall, except as otherwise provided in this subsection, have a right to a final hearing before the board, to be held within a reasonable time after the occurrence of one of the events listed in this subsection. No final hearing shall be required or permit ted if the parolee or conditional releasee has been convicted of or entered any form of guilty plea or plea of nolo contendere in any federal or state court of record to any fel ony crime or misdemeanor involving physical violence committed by the parolee or con ditional releasee during a term of parole or conditional release, and which new conviction results in imposition by the convicting court of a term of imprisonment. The board shall in every case of a parolee or conditional releasee convicted of committing a felony offense or convicted of a misdemeanor involving physical violence which in the opinion of the trial court constitutes a danger to the community while on parole or con ditional release revoke the entire unexpired term of parole or conditional release. The board shall not have discretion to continue parole or conditional release in such cases. In no case shall a final hearing be required if the parolee or conditional releasee has signed a waiver of final hearing. The final hearing, if any, shall be held within a reason able time:
(1) After an arrest warrant has been issued by a member of the board and proba ble cause for revocation has been found by the preliminary hearing officer;
(2) After a majority of the board overrules a determination by the preliminary hearing officer that probable cause does not exist;
(3) After the board or two of its members are informed of an alleged violation and decide to consider the matter of revocation without issuing a warrant for the alleged violator's arrest; or
(4) After a determination has been made that no preliminary hearing is required under subsection (a) of Code Section 42-9-50." Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12. All laws and parts of laws in conflict with this Act are repealed.
Representative Colwell of the 4th moved that the House disagree to the Senate substi tute to HB 1607.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the Senate was taken up for consideration and read the third time:
SR 490. By Senators Taylor of the 12th, Deal of the 49th, Garner of the 30th and others: A resolution urging Congress to reject any legislation imposing unrealistic Corporate Average Fuel Energy (CAFE) standards on the automobile indus try.

FRIDAY, MARCH 20, 1992

2965

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong N Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth N Cummings,B Y Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden N Goodwin E Green Y Greene Y Griffin Y Groover N Hamilton E Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland N Holmes Y Howard Y Hudson Y Irwin
Jackson Y Jamieson N Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence
Lawson YLee
Long YLord Y Lucas YMann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B N McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M NOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor N Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus
Tolbert N Townsend
Turnquest Twiggs Valenti Y Vaughan Y Walker,J Y Walker.L N Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 138, nays 14. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Tolbert of the 58th and Thurmond of the 67th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 559. By Representatives Smith of the 156th and Green of the 106th: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for a Divi sion of Irrigation Contractors.

The following Senate substitute was read:
A BILL To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors,

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and utility contractors, so as to provide for the licensing of irrigation contractors and for requirements and qualifications relative thereto; to provide for definitions; to provide for the suspension or revocation of licenses; to provide requirements relative to local govern ments; 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 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by adding a new Code Section 43-14-8.4 to read as fol lows: "43-14-8.4. (a) For the purposes of this Code section, the term:
(1) 'Irrigation contracting' means the design, construction, repair, maintenance, improvement, and alteration of all or any portion of an irrigation system.
(2) 'Irrigation contractor' means any person, partnership, company, corporation, association, or organization of and type, or a combination of any of these, who under takes for a fixed sum, fee, price, percentage, or compensation an irrigation contract.
(3) 'Irrigation system' means any assemblage of components, materials, or special equipment which is designed, constructed, and installed for controlled dispersion of water from any safe and suitable source including properly treated waste-water for the express purpose of irrigation of vegetation to include integral pumping systems and integral control systems, with the exception of the backflow prevention device, for manual, semiautomatic, or automatic control of the operation of said systems. (b) After January 1, 1993, no person shall engage in irrigation contracting unless such person has a valid license as an irrigation contractor from the board. (c) The board shall:
(1) Review the qualifications of applicants for license; (2) Approve examinations; (3) Issue and renew licenses as provided in this Code section; (4) Suspend, revoke, or fail to renew the licenses issued under this Code section; (5) Maintain a record of every license holder, the holder's place of business and place of residence, and the date and number of the license; and (6) Promulgate rules and regulations necessary for the performance of its duties and the implementation of this Code section. (d) To be eligible for a license as an irrigation contractor, an applicant shall submit to the board satisfactory evidence that the applicant: (1) Is of good moral character; (2) Is 18 years of age or older; (3) Has successfully completed an examination administered by the board to deter mine the applicant's competence to be licensed. (e) The board shall approve a comprehensive and realistic examination for the pur pose of determining the knowledge, ability, and fitness of applicants to perform as irri gation contractors. The board shall give adequate written notice of the examinations to the applicants. (f) A fee fixed by regulation of the board shall accompany each application for license. Licenses shall expire biennially and may be renewed upon submission of a renewal application provided by the board and payment of a renewal fee fixed by regula tion of the board. If the renewal fee is not paid by that date, the license shall automati cally expire; but may be renewed within two years of its expiration date on payment to the board of a sum determined by it for each year or part thereof during which the license was expired. After a two-year period, a license may be renewed only by comply ing with the requirements of this Code section regarding initial licensing. (g) An applicant who fails the first examination may take a second examination not less than six months nor more than two years from the date of the initial examination. (h) The board may suspend, revoke, or refuse to renew the license of any irrigation contractor the board finds guilty of: (1) Violations of this Code section or rules adopted under this Code section;

FRIDAY, MARCH 20, 1992

2967

(2) Fraud or deceit in obtaining a license; or (3) Gross negligence, incompetency, or misconduct while acting as a licensed irriga tion contractor. (i) Every municipality, county, or other political subdivision which requires the issu ance of a permit prior to the performance of any type of work requiring a license under the provisions of this Code section shall also require that the applicant file a signed statement in a form prescribed by the board certifying that he holds a valid and current license under this Code section, or if the applicant claims exemption under the provi sions of this Code section, a statement of the basis for such exemption. (j) The issuance of an irrigation contractor's license by the board shall authorize any license holder to perform irrigation contracting in any municipality, county, or other political subdivision of this state and no further examinations or special licenses may be required of the license holder, except business licenses, permit fees, and such other stan dard licenses and fees as may be required of any person to do business within their respective jurisdictions. (k) The following persons or activities shall be exempt from the provisions of this Code section: (1) Any officer, employee, or duly authorized representative of the United States, the State of Georgia, or any political subdivision thereof, if the work is performed on the property of said political entity; (2) Vendors of components, materials, or equipment who perform only such func tions as delivery, rendering of advice, or assistance in the installation or normal war ranty service or exchange of defective or damaged goods; (3) A registered professional engineer or architect or landscape architect if such person's acts are incidental to the pursuit of such profession; (4) Irrigation work done by a person on the premises of property which such per son owns and occupies as a home; (5) Irrigation work done by a maintenance person to and on premises owned by the business in which such person is regularly employed or engaged and who does not engage in the occupation of an irrigation contractor; and (6) Irrigation work done by a farmer, agriculturist, agronomist, horticulturist, for ester, gardener, contract gardener, garden or lawn caretaker, nurseryman, or grader or cultivator of land on land owned, rented, or leased or possessed pursuant to a sharecrop agreement by the person doing the irrigation work." Section 2. The provisions of this Act shall become effective upon the necessary fund ing to carry out its purposes being specifically appropriated by the General Assembly. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 156th moved that the House disagree to the Senate sub stitute to HB 559.
The motion prevailed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Ways and Means and referred to the Committee on State Planning and Commu nity Affairs.

SB 803. By Senator Tysinger of the 41st: A bill to amend Code Section 48-5-404 of the Official Code of Georgia Anno tated, relating to the collection of county school taxes by tax commissioners or tax collectors, so as to change the population brackets designating the counties in which 1.9 percent of the funds collected shall be retained by the tax commissioner or tax collector or remitted to the county governing author ity.

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By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Public Safety and referred to the Committee on State Planning and Community Affairs.

SB 804. By Senator Tysinger of the 41st: A bill to amend Code Section 15-16-10 of the Official Code of Georgia Anno tated, relating to the duties of a sheriff, so as to change the population brackets with respect to the duties of sheriffs of certain counties toward per sons charged with a violation of a county ordinance.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 522. By Senators Gillis of the 20th, Garner of the 30th and Deal of the 49th: A bill to amend Part 3 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Safe Dams Act of 1978," so as to provide that final orders of the director of the Environmental Protection Division of the Department of Natural Resources or of the Board of Natural Resources administrative law judge may be filed in the superior court in the county in which the person under order resides or in the county in which the violation of that part occurred.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee YLong YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Williams.R Y Yeargin
Murphy.Spkr

FRIDAY, MARCH 20, 1992

2969

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HR 1075. By Representatives Parrish of the 109th, Watson of the 114th, Buck of the 95th, Walker of the 115th, Pettit of the 19th and others: A resolution creating the House Communications Technology Study Commit tee.
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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan
Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Williams.R 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.

Representative Poston of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 529. By Senator Edge of the 28th: A bill to amend Code Section 47-10-100 of the Official Code of Georgia Annotated, relating to retirement age and retirement benefits under the Trial Judges and Solicitors Retirement Fund, so as to provide that any member who remains in office after he attains the age of 70 years, thereby forfeiting all rights to receive any benefits under such fund, may cease contributions made to such fund.

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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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M
Davis.D Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Y Hanner Harris.B Y Harris,J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas YMann
Martin N McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston N Poag Y Porter Y Poston Y Powell.A. Y Powell.C. Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 158, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HR 1074.

By Representatives Dunn of the 73rd, Lawson of the 9th and Griffin of the 6th: A resolution urging the Insurance Department of the State of Georgia to review private plans of health insurance.

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 Abernathy Y Adams Y Aiken Y Alford Y Ashe
Atkins Y Baker
Balkcom Barfoot Y Bargeron Y Barnett,B Y Barnett.M

Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush

YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D
Davis.G Y Davis.M

Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt

FRIDAY, MARCH 20, 1992

2971

Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones

Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
Lee Long Y Lord Y Lucas Y Mann Martin Y McBee Y McCoy Y McKelvey McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milaro

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell,A Y Powell.C

Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Streat Y Taylor

Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R 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.

SR 407. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of water, utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, DeKalb, Emanuel, Floyd, Johnson, Monroe, Pulaski, and Washington counties, Georgia; to provide an effective date.

The following Committee substitute was read and adopted:

A RESOLUTION Authorizing the granting of nonexclusive easements for operation and maintenance of water, utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, DeKalb, Emanuel, Floyd, Johnson, Monroe, and Washington counties, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Cal houn, DeKalb, Emanuel, Floyd, Johnson, Monroe, and Washington counties, Georgia; and WHEREAS, Southern Bell Telephone and Telegraph Company; Georgia Power Com pany; Central Georgia Electric Membership Corporation; the City of Davisboro, Washing ton County; the City of Wrightsville, Johnson County; and the City of Twin City, Emanuel County, desire to operate and maintain water, utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these water, utility, telecommunication, and sanitation facilities in, on, over, under, upon, across, or through the above-described state owned property would be for the benefit of the State of Georgia and have been requested and approved by the Board of Human Resources with respect to property under the jurisdiction and control of the Department of Human Resources, the Board of Public Safety with respect to property under the jurisdiction and control of the Department of Public Safety, and the Board of Corrections with respect to property under the jurisdiction and control of the Department of Corrections.

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I. Section 1. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, 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, may grant to Georgia Power Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of power lines in, on, over, under, upon, across, or through the easement area for the purpose of construct ing, erecting, operating, maintaining, repairing, replacing, and relocating certain power lines at the Calhoun Correctional Institution, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in the 162nd and 163rd Land Lots of the 3rd District of Calhoun County as shown on drawings entitled "Calhoun County Prison Transmission Loop Line," sheets 1 of 3 and 3 of 3 dated November, 1990, on property in the custody of the Department of Corrections. This drawing indicating the easement area is on file in the office of the State Properties Commission. Section 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, relocating, replacing, inspecting, and operating said power lines. Section 4. That, after Georgia Power Company has put into use the power lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, priv ileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company or its successors and assigns shall have the option of removing its facilities from the ease ment area or leaving the same in place, in which event the facility shall become the prop erty of the State of Georgia or its successors and assigns. Section 5. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. Section 6. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense. Section 7. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Com mission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 8. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 9. That the grant of easement shall be recorded by the Grantee in the Supe rior Court of Calhoun County and a recorded copy shall be forwarded to the State Proper ties Commission.

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Section 10. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this reso lution becomes effective.
Section 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II. Section 12. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission. Section 13. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of certain power lines at the Skyland Regional Office Building in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repair ing, and replacing certain power lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in the 18th District, Land Lots 236 and 243 of DeKalb County, as shown on a drawing marked Exhibit "A" on that cer tain revocable license agreement dated November 15, 1991, listed as real property record number 8147 on property in the custody of the Department of Human Resources, which drawings were prepared by Georgia Power Company and on file in the office of the State Properties Commission to be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. Section 14. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said certain power lines. Section 15. That, after Georgia Power Company has put into use the certain power lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company or its successors and assigns shall have the option of removing its facili ties from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns. Section 16. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. Section 17. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense. Section 18. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commis sion shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same ease ment area herein granted.

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Section 19. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 20. That the grant of easement shall be recorded by the Grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission.
Section 21. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this reso lution becomes effective.
Section 22. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III. Section 23. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission. Section 24. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a power distri bution system at the Georgia Retardation Center in, on, over, under, upon, across, or through the easement area for the purpose of upgrading, constructing, erecting, operating, maintaining, repairing, and replacing a power distribution system, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably nec essary to accomplish the aforesaid purposes. Said easement area is that property in Land Lot 353 of the 6th District of DeKalb County as shown on a drawing marked Exhibit "A" of that certain revocable license agreement dated November 15, 1991, listed as real prop erty record number 8148 on property in the custody of the Department of Human Resources prepared by Georgia Power Company on file in the office of the State Proper ties Commission, to be more particularly described on a plat of survey prepared by a Geor gia registered land surveyor and presented to the State Properties Commission for approval. Section 25. That the above-described premises shall be used solely for the purpose of upgrading, installing, maintaining, repairing, replacing, inspecting, and operating said power distribution system. Section 26. That, after Georgia Power Company has put into use the power distribu tion system for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facil ity shall become the property of the State of Georgia or its successors and assigns. Section 27. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. Section 28. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense.

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Section 29. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commis sion shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same ease ment area herein granted.
Section 30. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 31. That the grant of easement shall be recorded by the Grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission.
Section 32. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this reso lution becomes effective.
Section 33. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IV. Section 34. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission. Section 35. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Twin City or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a sanitary sewer line, together with the right of ingress and egress over adjacent land of the State of Geor gia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in 1560th GMD of Emanuel County as shown on a drawing marked "Exhibit A" of that certain revocable license agreement dated July 24, 1991, listed as real property number 8125, on property in the custody of the Department of Corrections on file in the office of the State Properties Commission, to be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. Section 36. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer service. Section 37. That, after the City of Twin City has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Twin City or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns. Section 38. That no title shall be conveyed to the City of Twin City, and, except as herein specifically granted to the City of Twin City, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Twin City.

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Section 39. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the City of Twin City shall remove or relocate its facili ties at its sole cost and expense.
Section 40. That the easement granted to the City of Twin City shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Com mission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
Section 41. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 42. That the grant of easement shall be recorded by the Grantee in the Superior Court of Emanuel County and a recorded copy shall be forwarded to the State Properties Commission.
Section 43. That the authorization in this resolution to grant the above-described easement to the City of Twin City shall expire three years after the date that this resolu tion becomes effective.
Section 44. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V. Section 45. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission. Section 46. That the State of Georgia, acting by and through its State Properties Commission, may grant to Southern Bell Telephone and Telegraph Company or its succes sors and assigns a nonexclusive easement for the construction, operation, and maintenance of a telecommunication switching station in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a telecommunication switching station, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accom plish the aforesaid purposes. Said easement area is that property in Land Lot 200 of the 23rd District of Floyd County as shown on a plat entitled "Easement Survey for Southern Bell/Northwest Georgia Regional Hospital" on property in the custody of the Department of Human Resources, which plat was prepared by A. H. Home, Jr., Georgia Registered Land Surveyor No. 1529. This plat indicating the easement area to contain approximately 0.37 of one acre is on file in the office of the State Properties Commission. Section 47. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said telecommuni cation switching station. Section 48. That, after Southern Bell Telephone and Telegraph Company has put into use the telecommunication switching station for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Southern Bell Telephone and Telegraph Company or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.

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Section 49. That no title shall be conveyed to Southern Bell Telephone and Tele graph Company, and, except as herein specifically granted to Southern Bell Telephone and Telegraph Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Bell Tele phone and Telegraph Company.
Section 50. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Southern Bell Telephone and Telegraph Company shall remove or relocate its facilities at its sole cost and expense.
Section 51. That the easement granted to Southern Bell Telephone and Telegraph Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
Section 52. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 53. That the grant of easement shall be recorded by the Grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Prop erties Commission.
Section 54. That the authorization in this resolution to grant the above-described easement to Southern Bell Telephone and Telegraph Company shall expire three years after the date that this resolution becomes effective.
Section 55. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VI. Section 56. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission. Section 57. That the State of Georgia, acting by and through its State Properties Commission, may grant to Central Georgia Electric Membership Corporation or its succes sors and assigns a nonexclusive easement for the construction, operation, and maintenance of certain power lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing cer tain power lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in Land Lot 214 of the 6th District of Monroe County as shown on a drawing entitled "Georgia State Patrol Line Relocation" on property in the custody of the Department of Public Safety, which drawing was prepared by Central Geor gia Electric Membership Corporation and is on file in the office of the State Properties Commission and will be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. Section 58. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said certain power lines.

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Section 59. That, after Central Georgia Electric Membership Corporation has put into use the certain power lines for which this easement is granted, a subsequent abandon ment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Central Georgia Electric Membership Corporation or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
Section 60. That no title shall be conveyed to Central Georgia Electric Membership Corporation, and, except as herein specifically granted to Central Georgia Electric Mem bership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Central Georgia Elec tric Membership Corporation.
Section 61. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Central Georgia Electric Membership Corporation shall remove or relocate its facilities at its sole cost and expense.
Section 62. That the easement granted to Central Georgia Electric Membership Cor poration shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
Section 63. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 64. That the grant of easement shall be recorded by the Grantee in the Superior Court of Monroe County and a recorded copy shall be forwarded to the State Properties Commission.
Section 65. That the authorization in this resolution to grant the above-described easement to Central Georgia Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.
Section 66. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VII. Section 67. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission. Section 68. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Wrightsville, Johnson County, or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of access to water storage facilities in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing access to water storage facilities, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in the 1201st GMD of Johnson County as shown on a plat entitled "Easement Survey for City of Wrightsville" on property in the custody of the Department of Corrections, which plat was prepared by Michael Y.

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Windom, Georgia Registered Land Surveyor No. 2252. This plat indicating the easement area to contain approximately 0.15 of one acre is on file in the office of the State Proper ties Commission.
Section 69. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said access to water storage facilities.
Section 70. That, after the City of Wrightsville has put into use the access to water storage facilities for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Wrightsville or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
Section 71. That no title shall be conveyed to the City of Wrightsville, and, except as herein specifically granted to the City of Wrightsville, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Wrightsville.
Section 72. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the City of Wrightsville shall remove or relocate its facilities at its sole cost and expense.
Section 73. That the easement granted to the City of Wrightsville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Com mission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
Section 74. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 75. That the grant of easement shall be recorded by the Grantee in the Superior Court of Johnson County and a recorded copy shall be forwarded to the State Properties Commission.
Section 76. That the authorization in this resolution to grant the above-described easement to the City of Wrightsville shall expire three years after the date that this reso lution becomes effective.
Section 77. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VIII. Section 78. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission. Section 79. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Davisboro or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a water distri bution line and flow meter in, on, over, under, upon, across, or through the easement area

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for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a water distribution line and flow meter, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in the 94th GMD of Washington County as shown on a drawing entitled "Town of Davisboro Water Supply Metering Facil ity for Georgia Dept. of Corrections" in the custody of the Department of Corrections, which drawing was prepared by John B. Lovell, Georgia Registered Professional Engineer No. 2889. This drawing indicating the easement area is on file in the office of the State Properties Commission.
Section 80. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said water distri bution line and flow meter.
Section 81. That, after the City of Davisboro has put into use the water distribution line and flow meter for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandon ment, the City of Davisboro or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facil ity shall become the property of the State of Georgia or its successors and assigns.
Section 82. That no title shall be conveyed to the City of Davisboro, and, except as herein specifically granted to the City of Davisboro, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Davisboro.
Section 83. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the City of Davisboro shall remove or relocate its facili ties at its sole cost and expense.
Section 84. That the easement granted to the City of Davisboro shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Com mission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
Section 85. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 86. That the grant of easement shall be recorded by the Grantee in the Superior Court of Washington County and a recorded copy shall be forwarded to the State Properties Commission.
Section 87. That the authorization in this resolution to grant the above-described easement to the City of Davisboro shall expire three years after the date that this resolu tion becomes effective.
Section 88. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IX. Section 89. That this resolution shall become effective upon its approval by the Gov ernor or upon its becoming law without such approval.

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Section 90. That all laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt
Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Y Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard
Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Mann
Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Williams.R Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 163, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SR 414. By Senators Bgan of the 40th and Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; to provide an effective date.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins

Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M

Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux

Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush

Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell

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Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt

Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton E Hammond Y Manner Y Harris.B Y Harris,J
Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D

Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham

Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith, W Y Smyre

YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Williams.R Yeargin Murphy ,Spkr

On the adoption of the Resolution, the ayes were 162, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Special Judiciary and referred to the Committee on State Planning and Commu nity Affairs.

SB 800. By Senator Tysinger of the 41st: A bill to amend Code Section 9-13-161.1 of the Official Code of Georgia Annotated, relating to the holding of sales of personal property at a place other than the courthouse where such sale would create an undue traffic haz ard, so as to change the population figure.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:

HR 1106. By Representatives Lee of the 72nd, Walker of the 115th, Watts of the 41st, Hanner of the 131st and Connell of the 87th: A resolution relative to adjournment.

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

FRIDAY, MARCH 20, 1992

2983

Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 604 Do Pass, by Substitute Respectfully submitted,
M Thomas of the 69th Chairman

Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the
following Bill and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 678 Do Pass, by Substitute SR 381 Do Pass, by Substitute SR 474 Do Pass
Respectfully submitted, /si Colwell of the 4th
Chairman

Pursuant to HR 1106, adopted by the House and Senate, the House adjourned until 10:00 o'clock, Monday, March 23, 1992.

2984

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 23, 1992

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 Ashe
Atkins Baker Barfoot Bargeron Barnett.B Bates Beatty Benefield Birdsong Bordeaux Branch Breedlove Brooks Brown Brush Buck Buckner
Byrd Campbell Canty Carrell
Carter Cauthorn Chafin Chambless

Cheeks Childers Clark.E Clark.L Coker Coleman Colwell Connell Culbreth Cummings.B Davis.D Dixon.H Dobbs Dunn Edwards Elliott Felton Fennel Floyd.J.M Floyd.J.W Flynt Godbee Golden Goodwin Greene Griffin Groover Hamilton Hammond

Harris.B Heard Henson Herbert Holland Holmes Howard Hudson Irwin Jackson Jones Kilgore King Kingston Klein Ladd Lane.D Lane,R Langford Lawrence Lawson Lee Long Lord Mann Martin McBee McCoy McKelvey

Meadows Merritt Milam Mobley Moody Morsberger Moultrie Mueller Oliver.C Oliver.M Orr Padgett Parham Parrish Pelote Pettit Pinholster
Poag
Powell.A
Powell.C Presley Purcell Ray Reaves Ricketson Royal Selman Sherrill

Simpson Sinkfield Skipper Smith.L Smith,P Smith/T Smith,W Snow Stancil.F Stancil.S Streat Teper Thomas.M Thomas,N Tolbert Townsend
Twiggs
Valenti
Vaughan Wall Watson Watts White Wilder Williams.B Williams.R
Yeargin
Murphy,Spkr

The following members were off the floor of the House when the roll was called:
Representatives Jenkins of the 80th, Cummings of the 134th, McKinney of the 35th, Balkcom of the 140th, Perry of the 5th, Walker of the 113th, Davis of the 29th, Turnquest of the 56th, Randall of the 101st, Blitch of the 150th, Davis of the 45th, Patten of the 149th, Lucas of the 102nd, Pinkston of the 100th, Orrock of the 30th, Stanley of the 33rd, Barnett of the 59th, Dover of the llth, Dixon of the 128th, McKinney of the 40th, Thurmond of the 67th, Abernathy of the 39th, Thomas of the 69th, Poston of the 2nd, Hanner of the 131st, Walker of the 115th, Smyre of the 92nd, Porter of the 119th and Jamieson of the llth.
They wish to be recorded as present.

Prayer was offered by the Reverend Gary Folds, Pastor, Second Baptist Church, Macon, Georgia.

The members pledged allegiance to the flag.

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.

MONDAY, MARCH 23, 1992

2985

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolution of the House were intro duced, read the first time and referred to the committees:

HB 2157. By Representatives Thomas of the 69th and Simpson of the 70th: A bill to provide for homestead exemptions from City of Carrollton ad valo rem taxes for educational purposes for certain residents of that school dis trict.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2164. By Representative Greene of the 130th: A bill to create the Stewart County Solid Waste Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2165. By Representative Breedlove of the 60th: A bill to provide an exemption from City of Suwanee ad valorem taxes for the full value of homesteads of residents of the City of Suwanee who are 65 years of age or over or who are disabled.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2166. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act relating to the Board of Education of Newton County, so as to change the description of the districts from which members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2167. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act creating a board of commissioners of Newton County, so as to change the composition of the districts from which members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 2168. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to provide for the collection of additional costs in cases before the Magistrate Court of Walker County as law library fees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2169. By Representatives Alford of the 57th, Irwin of the 57th, Sherrill of the 47th, Baker of the 51st, McKinney of the 40th and others: A bill to create the DeKalb Ad Valorem Tax Survey Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2170. By Representatives Dixon of the 151st and Blitch of the 150th: A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, so as to change provisions relating to education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2171. By Representatives Dixon of the 151st and Blitch of the 150th: A bill to amend an Act creating the board of commissioners for Charlton County, so as to change provisions relating to commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1107. By Representatives Streat of the 139th, Patten of the 149th, Carter of the 146th, Bostick of the 138th and Floyd of the 135th: A resolution creating the House Committee to Study Check Dams for the Satilla, Altamaha, Ocmulgee, Oconee, Flint, and Alapaha Rivers.
Referred to the Committee on Rules.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 2155 HB 2156 HB 2158 HB 2159
Mrs 2160
HHBB 22116612 HB 2163 HR 1090 SB 822

SB 844 SB 845 SB 849 SB 850
on oni
k?t, f85l2 SB 854 SB 855 SB 856

Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had
under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

MONDAY, MARCH 23, 1992

2987

HB 1045 Do Pass
HB 1786 Do Pass, by Substitute HB 1787 Do Pass, by Substitute
HB 2031 Do Pass, by Substitute
HB 2069 Do Pass, by Substitute
HB 2092 Do Pass HB 2096 Do Pass HB 2102 Do Pass HB 2103 Do Pass HB 2106 Do Pass HB 2107 Do Pass HB 2108 Do Pass HB 2110 Do Pass HB 2111 Do Pass

HB 2112 Do Pass HB 2125 Do Pass, by Substitute HB 2126 Do Pass HB 2127 Do Pass HB 2150 Do Pass SB 712 Do Pass HB 2100 Do Pass HB 2101 Do Pass HB 2104 Do Pass HB 2148 Do Pass HB 2149 Do Pass HB 2152 Do Pass SB 685 Do Pass SB 823 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 MONDAY, MARCH 23, 1992 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 36th Legislative Day as enu merated below: HB 586 MARTA; prohibition of cert state funds; repeal SB 33 Coroners; training course SB 122 Peace Officers' Annuity & Benefit; creditable serv; time limits SB 166 Emp Ret System; death of spouse; new spouse's benefit SB 256 Employees; off-duty lawful activities; nondiscrimination SB 319 Alcoholic beverages; food caterers; provisions SB 379 Georgia Register Act; enact SB 460 Regulation of food; certain establishments; exclude SB 461 Georgia Military College; board of trustees; composition SB 474 Boats; operating under influence of alcohol or drugs; prohibitions SB 488 Education; pay-for-performance; group and individual awards SB 507 Schools; social security number required for enrollment SB 533 Schools; student attend where parent employed SB 546 Trial Judges and Solicitors Retirement; county supplement SB 564 Insurance; medicare supplement; regulate SB 593 Controlled substances/marijuana; hiring cert persons; penalty SB 672 Trout waters without seasons; add cert.streams(P.P. 3/23/92) SR 358 "Historic U.S. 19 and Ga. 60 Business Route"; designate SR 380 Toombs County; grant easement SR 381 Stewart County; grant easement SR 443 Joint Study Commission on Revenue Structure; create SR 474 Bibb County; convey property SR 486 Certain heavy equipment; regulate mfgs, dealers, etc. - CA Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

2988

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1045.

By Representative Jenkins of the 80th: A bill to amend an Act placing the judge of the Probate Court of Monroe County on an annual salary, so as to provide that the probate court judge shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1786.

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 composition of the commissioner districts.

The following Committee substitute was read and adopted:

A BILL To amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney Gen eral for certain approval; to provide for automatic repeal of this Act under certain circum stances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: "Section 2. (a) Wilcox County shall be divided into five commissioner districts and each district shall be entitled to one commissioner. Such districts shall be constituted as follows: Commissioner District: I
WILCOX COUNTY VTD: 0001 ROCHELLE NORTH VTD: 0003 PINEVIEW (Part) Tract: 9902. Block(s): 113B, 114B, 115, 127B, 166, 167 VTD: 0009 MAPLE BRANCH VTD: 0011 POPE CITY VTD: 0014 ROCHELLE SOUTH (Part) Tract: 9904. Block(s): 163, 164B
Commissioner District: 2 WILCOX COUNTY VTD: 0002 ABBEVILLE NORTH (Part)

MONDAY, MARCH 23, 1992

2989

Tract: 9901. Block(s): 116, 117, 118A, 118B, 119, 120, 128, 129, 130, 131, 132, 133, 134B, 137, 138A, 138B, 139A, 139B, 139C, 140, 141, 142, 143, 156, 157, 158, 159, 160, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 173, 174, 175, 176, 177, 178, 179, 180, 181, 190
VTD: 0003 PINEVIEW (Part) Tract: 9902. Block(s): 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113A, 114A, 127A, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149A, 149B, 150, 153, 159, 160
VTD: 0012 RYALS MILL (Part) Tract: 9901. Block(s): 101, 102, 115 Tract: 9902. Block(s): 101, 102, 103, 154, 155, 156, 157, 158
VTD: 0015 ABBEVILLE SOUTH (Part) Tract: 9901. Block(s): 153A, 155, 189, 191, 192, 194, 195, 196, 197A, 205, 206, 207, 211, 212A, 212B, 216C, 223, 225A, 226, 227A, 238
Commissioner District: 3 WILCOX COUNTY VTD: 0004 PITTS DIST VTD: 0005 SEVILLE VTD: 0007 DOUBLE RUN VTD: 0014 ROCHELLE SOUTH (Part) Tract: 9904. Block(s): 154, 155, 156, 157A, 157B, 192A, 192B Block(s): That part of Block 265C which lies east of Mill Creek Block(s): 266, 269, 270, 271, 272
Commissioner District: 4 WILCOX COUNTY VTD: 0002 ABBEVILLE NORTH (Part) Tract: 9901. Block(s): 121, 127 VTD: 0003 PINEVIEW (Part) Tract: 9902. Block(s): 151, 152, 161, 162 VTD: 0006 DAVIS MILL VTD: 0010 PLEASANT GROVE VTD: 0012 RYALS MILL (Part) Tract: 9901. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 122, 123 VTD: 0014 ROCHELLE SOUTH (Part) Tract: 9904. Block(s): 127, 128, 130, 131, 139, 140, 165B, 193, 194, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 252, 253, 254, 261, 262, 263, 264, 265A, 265B Block(s): That part of Block 265C which lies west of Mill Creek Block(s): 267, 268, 276

2990

JOURNAL OF THE HOUSE,

Commissioner District: 5 WILCOX COUNTY VTD: 0002 ABBEVILLE NORTH (Part) Tract: 9901. Block(s): 134A, 135, 136, 144, 145A, 145B, 163, 182, 183 VTD: 0008 FOREST GLEN VTD: 0013 SIBBLE VTD: 0015 ABBEVILLE SOUTH (Part) Tract: 9901. Block(s): 124, 125, 126, 146, 147, 148, 149, 150, 151, 152, 153B, 154, 172A, 172B, 184, 185, 186, 187, 188, 193, 197B, 201A, 201D, 201E, 202, 204, 208, 209, 210, 213, 214A, 214B, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 224, 225B, 227B, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 239, 240, 241, 257, 258 Tract: 9904. Block(s): 133, 134, 135, 136, 137, 138, 201, 202, 255, 256, 257, 258, 259, 280C, 281
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Wilcox County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Wilcox County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) Commissioner Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section." Section 2. Said Act is further amended by striking subsections (a), (b), and (c) of Section 3 and inserting in their place new subsections (a), (b), and (c) to read as follows: "(a) The members of the board of commissioners in office on January 1, 1992, repre senting former Commissioner Districts 1, 3, and 5 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board shall be elected from Commissioner Districts 1, 3, and 5 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.

MONDAY, MARCH 23, 1992

2991

(b) The members of the board of commissioners in office on January 1, 1992, repre senting former Commissioner Districts 2 and 4 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Commissioner Districts 2 and 4 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
(c) Reserved." Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the county attorney of Wilcox County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1787.

By Representative Hudson of the 117th: A bill to amend an Act providing for the continuing existence of the Wilcox County School District and the Wilcox County board of education, so as to change the composition of the education districts.

The following Committee substitute was read and adopted:

A BILL To amend an Act providing for the continuing existence of the Wilcox County School District and the Wilcox County board of education, approved March 30, 1989 (Ga. L. 1989, p. 4452), so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for the continuing existence of the Wilcox County School District and the Wilcox County board of education, approved March 30, 1989 (Ga. L. 1989, p. 4452), is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: "Section 3. The Wilcox County School District shall be divided into five education districts and each district shall be entitled to one member on the Wilcox County board of education. Such districts shall be constituted as follows: Education District: 1.
WILCOX COUNTY VTD: 0001 ROCHELLE NORTH VTD: 0003 PINEVIEW (Part)

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JOURNAL OF THE HOUSE,

Tract: 9902. Block(s): 113B, 114B, 115, 127B, 166, 167
VTD: 0009 MAPLE BRANCH VTD: 0011 POPE CITY VTD: 0014 ROCHELLE SOUTH (Part)
Tract: 9904. Block(s): 163, 164B
Education District: 2 WILCOX COUNTY VTD: 0002 ABBEVILLE NORTH (Part) Tract: 9901. Block(s): 116, 117, 118A, 118B, 119, 120, 128, 129, 130, 131, 132, 133, 134B, 137, 138A, 138B, 139A, 139B, 139C, 140, 141, 142, 143, 156, 157, 158, 159, 160, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 173, 174, 175, 176, 177, 178, 179, 180, 181, 190 VTD: 0003 PINEVIEW (Part) Tract: 9902. Block(s): 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113A, 114A, 127A, 128A, 128B, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 149A, 149B, 150, 153, 159, 160 VTD: 0012 RYALS MILL (Part) Tract: 9901. Block(s): 101, 102, 115 Tract: 9902. Block(s): 101, 102, 103, 154, 155, 156, 157, 158 VTD: 0015 ABBEVILLE SOUTH (Part) Tract: 9901. Block(s): 153A, 155, 189, 191, 192, 194, 195, 196, 197A, 205, 206, 207, 211, 212A, 212B, 216C, 223, 225A, 226, 227A, 238
Education District: 3 WILCOX COUNTY VTD: 0004 PITTS DIST VTD: 0005 SEVILLE VTD: 0007 DOUBLE RUN VTD: 0014 ROCHELLE SOUTH (Part) Tract: 9904. Block(s): 154, 155, 156, 157A, 157B, 192A, 192B Block(s): That part of Block 265C which lies east of Mill Creek Block(s): 266, 269, 270, 271, 272
Education District: 4 WILCOX COUNTY VTD: 0002 ABBEVILLE NORTH (Part) Tract: 9901. Block(s): 121, 127 VTD: 0003 PINEVIEW (Part) Tract: 9902. Block(s): 151, 152, 161, 162 VTD: 0006 DAVIS MILL VTD: 0010 PLEASANT GROVE VTD: 0012 RYALS MILL (Part) Tract: 9901. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 122, 123

MONDAY, MARCH 23, 1992

2993

VTD: 0014 ROCHELLE SOUTH (Part) Tract: 9904. Block(s): 127, 128, 130, 131, 139, 140, 165B, 193, 194, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251A, 251B, 252, 253, 254, 261, 262, 263, 264, 265A, 265B Block(s): That part of Block 265C which lies west of Mill Creek Block(s): 267, 268, 276
Education District: 5 WILCOX COUNTY VTD: 0002 ABBEVILLE NORTH (Part) Tract: 9901. Block(s): 134A, 135, 136, 144, 145A, 145B, 163, 182, 183 VTD: 0008 FOREST GLEN VTD: 0013 SIBBLE VTD: 0015 ABBEVILLE SOUTH (Part) Tract: 9901. Block(s): 124, 125, 126, 146, 147, 148, 149, 150, 151, 152, 153B, 154, 172A, 172B, 184, 185, 186, 187, 188, 193, 197B, 201A, 201D, 201E, 202, 204, 208, 209, 210, 213, 214A, 214B, 215, 216A, 216B, 217, 218, 219, 220, 221, 222, 224, 225B, 227B, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 239, 240, 241, 257, 258 Tract: 9904. Block(s): 133, 134, 135, 136, 137, 138, 201, 202, 255, 256, 257, 258, 259, 280C, 281
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of Wilcox County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia; and
(5) Any part of Wilcox County which is described in this section as being included in a particular education district shall nevertheless not be included within such educa tion district if such part is not contiguous to such education district. Such noncontigu ous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia. (c) Education Districts 1, 2, 3, 4, and 5 as they existed on January 1, 1992, shall con tinue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this section on and after the date this subsection becomes effective in 1992, and members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section."

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JOURNAL OF THE HOUSE,

Section 2. Said Act is further amended by striking subsections (a), (b), and (c) of Section 4 and inserting in their place new subsections (a), (b), and (c) to read as follows:
"(a) The members of the board of education in office on January 1, 1992, represent ing former Education Districts 1, 3, and 5 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, members of the board shall be elected from Education Districts 1, 3, and 5 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
(b) The members of the board of education in office on January 1, 1992, representing former Education Districts 2 and 4 shall serve out the remainder of the terms to which they were elected, such terms expiring on December 31, 1992. At the general election in 1992 and every four years thereafter, members of the board shall be elected from Education Districts 2 and 4 pursuant to this Act and shall serve for terms of four years and until their successors are elected and qualified and shall take office on January 1 immediately following their election.
(c) Reserved." Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Wilcox County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, imple mentation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2031. By Representatives Ray of the 98th and Jenkins of the 80th: A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Crawford County, so as to reapportion the commissioner dis tricts.

The following Committee substitute was read and adopted:

A BILL To amend an Act creating the Board of Commissioners of Roads and Revenues for Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, particularly by an Act approved October 3, 1879 (Ga. L. 1878-79, p. 366), and an Act approved Febru ary 22, 1943 (Ga. L. 1943, p. 909), so as to reapportion the commissioner districts; to pro vide for definitions and inclusions; to provide that current members of the board shall serve for the terms and from the districts provided in the order of the United States Dis trict Court for the Middle District of Georgia in Civil Action No. 84-321 -3-MAC-WDO; to provide for the election of successors to the current members of the board; to provide for related matters; to provide for effective dates; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Roads and Revenues for Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, particularly by an Act approved October 3, 1879 (Ga. L. 1878-79, p. 366), and an Act approved Febru ary 22, 1943 (Ga. L. 1943, p. 909), is amended by striking in their entirety Sections 2, 2a, 3, 3a, 4a, 5a, 6a, and 7 and inserting new sections to read as follows:
"Section 2. (a) The county affairs of Crawford County, Georgia, on or after January 1, 1993, shall be administered by a board of commissioners with five members, who shall be elected according to the provisions of this Act.
(b) For the purpose of electing the members of the Board of Commissioners of Craw ford County, Crawford County shall be divided into five commissioner districts as fol lows:
Commissioner District: 1
CRAWFORD COUNTY VTD: 0002 2 (Part) Tract: 0701. Block(s): 260, 282, 289, 290, 291, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 327, 330, 343, 344 VTD: 0003 3 (Part) Tract: 0701. Block(s): 281 VTD: 0005 5 (Part) Tract: 0702. Block(s): 352, 353, 356 VTD: 001A 1A VTD: 001B IB (Part) Tract: 0701. Block(s): 263, 274B, 275B, 276, 277, 308, 309, 310, 311, 326, 328, 329, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342 Tract: 0702. Block(s): 214, 215, 240, 242, 243, 244, 311, 312, 313, 314, 315, 316, 320, 381
Commissioner District: 2
CRAWFORD COUNTY VTD: 0002 2 (Part) Tract: 0701. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 130, 133, 134, 135, 136, 137, 138, 139, 140, 141, 156, 175, 176, 177, 178B, 179B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 220, 221, 222, 223, 224, 225, 229, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 258, 259, 261, 262, 264, 265A, 265B, 266, 267, 268, 269, 270, 271A, 271B, 272, 283, 284, 285, 286, 287, 288, 292, 293, 294, 295, 296, 412, 413, 414 VTD: 0003 3 (Part) Tract: 0701. Block(s): 101, 102, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 144, 145 Tract: 0702. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 113, 117, 118, 151 VTD: 0004 4 (Part) Tract: 0702. Block(s): 111, 112, 114, 115 VTD: 001B IB (Part)

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JOURNAL OF THE HOUSE,

Tract: 0701. Block(s): 312
Commissioner District: 3
CRAWFORD COUNTY VTD: 0002 2 (Part) Tract: 0701. Block(s): 142, 155, 218, 219, 226, 227, 228, 230, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 VTD: 0003 3 (Part) Tract: 0701. Block(s): 131, 132, 143, 146, 147, 148, 149, 150, 151, 152, 153, 154, 157, 158A, 158B, 159, 160, 161, 162, 163, 164, 165A, 165B, 166, 167A, 167B, 168A, 168B, 169, 170A, 170B, 171A, 171B, 172, 173, 174, 178A, 179A, 273, 274A, 275A, 278, 279, 280, 301A, 301B, 302, 303A, 303B, 304, 305, 306, 307, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 415, 416, 417, 418, 419, 420, 421, 422 VTD: 0004 4 (Part) Tract: 0702. Block(s): 150, 152, 153, 154 VTD: 0005 5 (Part) Tract: 0702. Block(s): 210, 211, 212, 213, 216, 222
Commissioner District: 4
CRAWFORD COUNTY VTD: 0004 4 (Part) Tract: 0702. Block(s): 110, 116, 119, 120, 121, 122, 123, 124, 125, 127, 129, 130, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 179, 180, 192, 193, 194
Commissioner District: 5
CRAWFORD COUNTY VTD: 0004 4 (Part) Tract: 0702. Block(s): 181, 182, 183 VTD: 0005 5 (Part) Tract: 0702. Block(s): 126, 128, 131, 132, 170, 171, 172, 173, 174, 175, 176, 177, 178, 184, 185, 186, 187, 188, 189, 190, 191, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 217, 218, 219, 220, 221, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 301, 302, 303, 346, 347, 348, 349, 350, 351
(c) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;

MONDAY, MARCH 23, 1992

2997

(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Crawford County which is not included in any commissioner dis trict described in this section shall be included within that commissioner district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Crawford County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 3. (a) The members of the Board of Commissioners of Crawford County who are in office on the effective date of this Act and who were elected pursuant to the order of the United States District Court for the Middle District of Georgia in Civil Action No. 84-321-3-MAC-WDO shall serve from the districts and for the terms pro vided in that order. The expiration dates for the terms provided in that order are as follows: December 31, 1994, for the District 1 and District 5 Commissioners; and Decem ber 31, 1992, for the Districts 2, 3, and 4 Commissioners. (b) (1) A successor to each of these current members and their successors shall be elected from the commissioner district of the same number at the general election pre ceding the expiration of each term; and each such future member shall serve for a term of four years beginning on January 1 following election and until the respective successor is elected and qualified.
(2) Each candidate in such future elections must be a resident of the commissioner district the candidate seeks to represent at the time of qualifying.
(3) Election of each such future member shall be by the voters of the commis sioner district represented only."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney for the governing authority for Crawford County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 3. Except for the provisions of this Act relating to and necessary for the elec tion of the members of the Board of Commissioners of Crawford County in 1992, the pro visions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of said members of the board of commissioners shall become effective upon its approval by the Governor or upon its becoming law with out such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 147, nays 2,
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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JOURNAL OF THE HOUSE,

HB 2092.

By Representatives Flynt of the 75th and Herbert of the 76th: A bill to amend an Act creating a board of commissioners for the counties of Spalding and Butts, so as to provide for a county manager for Spalding 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 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 2096.

By Representatives Orr of the 9th, Lawson of the 9th and Jackson of the 9th: A bill to amend an Act to provide for an elected Board of Education of Dawson County, so as to provide new education districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 2102. By Representative Stancil of the 66th: A bill to provide a new charter for the City of Rutledge.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 2103.

By Representatives Stancil of the 8th, Barnett of the 10th and Pinholster of the 8th: A bill to provide a new charter for the City of Waleska.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 2106.

By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th: A bill to provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education dis tricts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, MARCH 23, 1992

2999

On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 2107.

By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend an Act which provides for the establishment of a public school system for the City of Valdosta, so as to change certain provisions rel ative to the election and terms of said 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 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 2108.

By Representatives Jones of the 71st, Davis of the 77th, Meadows of the 91st and Flynt of the 75th: A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for the compensation of 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 ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 2110.

By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the commission districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 2111.

By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th: A bill to amend an Act creating the Dougherty County School System, so as to change the education 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 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 2112.

By Representatives Herbert of the 76th and Flynt of the 75th: A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected mem bers of the Griffin-Spalding County 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 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 2125. By Representative Hanner of the 131st: A bill to provide education districts for the Calhoun County Board of Educa tion.

The following Committee substitute was read and adopted:

A BILL To provide education districts for the Calhoun County Board of Education; to provide for definitions and inclusions; to provide for the submission of this Act to the United States Attorney General for approval and conditions for automatic repeal; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) Notwithstanding any provisions of that constitutional amendment relating to the Calhoun County Board of Education which was proposed by Resolution Act No. 53 of the 1955 General Assembly (Ga. L. 1955, p. 470) to the contrary, for the purpose of electing members of such board of education, Calhoun County is divided into five edu cation districts as follows: "Section 1. (a) For the purpose of electing members of the board of commissioners, Calhoun County is divided into five commissioner districts as follows: Education District: 1
CALHOUN COUNTY VTD: 0001 LEARY
Education District: 2 CALHOUN COUNTY VTD: 0002 MORGAN VTD: 0004 EDISON (Part) Tract: 9503. Block(s): 204B, 204C, 236B, 240B, 241, 242B, 243, 244, 245, 246, 247, 249, 250, 251, 252, 254, 255 Tract: 9504. Block(s): 101, 102, 103, 104, 105, 106, 107B, 108B, 109, 110, 111B, 112B, 116B, 117B
Education District: 3 CALHOUN COUNTY VTD: 0003 EDISON (Part) Tract: 9503. Block(s): 143A, 144, 147, 148A, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 204A, 205, 206, 207, 208, 209, 210, 211A, 212A, 213, 236A, 237A, 238, 239, 240A, 242A

MONDAY, MARCH 23, 1992

3001

Education District: 4 CALHOUN COUNTY VTD: 0003 EDISON (Part) Tract: 9503. Block(s): 134A, 140A, 141, 142A, 146, 166A, 167, 168A VTD: 0004 EDISON (Part) Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134B, 135, 136, 137, 138, 139, 140B, 142B, 143B, 145, 148B, 166B, 168B, 201, 202, 203, 211B, 212B, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 237B, 248, 253 Tract: 9504. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216B, 217, 218, 219, 220, 221, 222B, 223, 224B, 226B, 227B, 228, 229, 265, 266, 267, 268, 269 VTD: 0005 ARLINGTON (Part) Tract: 9504. Block(s): 216A, 225, 226A, 227A, 230, 231, 232, 233, 234, 235, 240
Education District: 5 CALHOUN COUNTY VTD: 0005 ARLINGTON (Part) Tract: 9504. Block(s): 107A, 108A, 111A, 112A, 113, 114, 115, 116A, 117A, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 222A, 224A, 236, 237, 238, 239, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264
(b) For purposes of this section: (1) The terms "Tract," "Block," and "VTD" shall mean and describe the same
geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term "Precinct" is synonymous with the term "voting precinct" and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(4) Any part of the Calhoun County School District which is not included in any education district described in this section shall be included within that education dis trict contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of the Calhoun County School District which is described in this sec tion as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such educa tion district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.

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JOURNAL OF THE HOUSE,

Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Calhoun County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2126.

By Representative Lane of the 27th: A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 2127.

By Representatives Campbell of the 23rd and McKinney of the 40th: A bill to provide for the creation of one or more community improvement districts in the City of Alpharetta.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 2150.

By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act creating a Board of Commissioners of Jones County, so as to provide for the election of members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

SB 712. By Senators Alien of the 2nd and Coleman of the 1st: A bill to be entitled an Act to authorize the Recorder's Court of Chatham County to contract with a private enterprise to provide probation services for certain persons.

MONDAY, MARCH 23, 1992

3003

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 2100.

By Representative Birdsong of the 104th: A bill to provide a $15,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Twiggs County School District for residents of that district who are 62 years of age or older and whose net income does not exceed $15,000.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner N Harris.B Y Harris,J

Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas YMann Y Martin
McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett
Par ham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Thomas.C Y Thomas,M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2101.

By Representative Davis of the 77th: A bill to provide for homestead exemptions from Heard County ad valorem taxes for county purposes and from Heard County School District ad valorem taxes for educational purposes for certain residents of that county and school district.

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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:

Abernathy Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner N Harris,B Y Harris.J

Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong Y Lord
Lucas YMann Y Martin
McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Thomas.C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2104.

By Representative Adams of the 79th: A bill to provide that the homestead, not to exceed $15,000.00 of the value thereof, of each resident of the Thomaston-Upson 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 $15,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Balkcom

Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong

Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush

YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn

Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman

MONDAY, MARCH 23, 1992

3005

Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton

Y Hammond Manner
N Harris.B Y Harris.J Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee YLong

Y Lord Lucas
Y Mann Y Martin
McBee Y McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Orrock Y Padgett Parham Y Parrish Y Patten Y Pelote Y Perry

Y Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Smith.T Y Smith.W Smyre YSnow Y Stancil.F

Y Stancil.S Stanley Streat
Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan
Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2148.

By Representatives Sherrill of the 47th, Tolbert of the 58th, Alford of the 57th, Williams of the 48th, Teper of the 46th and others: A bill to amend an Act providing that each resident of the DeKalb County School District who is 65 years of age or over or disabled and whose net income does not exceed $15,000 per annum shall be granted an exemption, so as to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational 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:

Abernathy Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush

YBuck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis,D
Y Davis.G Y Davis.M

Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner N Harris.B Y Harris.J

Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee YLong

YLord Lucas
YMann Y Martin
McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Orrock Y Padgett Parham

3006

JOURNAL OF THE HOUSE,

Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton Y Poag
Porter Poston Y Powell.A Y Powell.C

Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor

Y Teper Thomas,C
Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan

Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy .Spkr

On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2149.

By Representatives Sherrill of the 47th, Tolbert of the 58th, Alford of the 57th, Williams of the 48th, Teper of the 46th and others:
A bill to amend an Act providing that each resident of DeKalb County who is 65 years of age or over or disabled and whose net income does not exceed $15,000 per annum shall be granted an exemption, so as to provide a home stead exemption from certain DeKalb County ad valorem taxes for county 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:

Abernathy Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis,M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y FloydJ.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner N Harris.B Y Harris.J

Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Long YLord
Lucas Y Mann Y Martin
McBee Y McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 147, nays 2.

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Thomas.C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy .Spkr

MONDAY, MARCH 23, 1992

3007

The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2152. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to provide for homestead exemptions from Carroll County ad valorem taxes for county purposes and for educational purposes for certain residents of that county and 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:

Abernathy Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner N Harris.B Y Harris.J

Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Long YLord
Lucas Y Mann Y Martin
McBee Y McCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Thomas.C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.

SB 685. By Senator Ragan of the 32nd: A bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older; to provide for related matters; to provide for a referendum; to repeal certain existing homestead exemptions; to provide for effective dates.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

3008

JOURNAL OF THE HOUSE,

Abernathy Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner N Harris.B Y Harris.J

Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Long YLord
Lucas Y Mann Y Martin
McBee Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Thomas.C Y Thomas,M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed.

SB 823. By Senators Pollard of the 24th and Albert of the 23rd: A bill to provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebt edness, for residents of Columbia County and the Columbia 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 following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 823 by striking "O.C.G.A." from line 23 of page 1 and inserting in its place the following:
"O.C.G.A. Homestead shall also mean otherwise qualified real property of the appli cant located in a retirement community which is held by such applicant subject to a written lease for not less than three years prior to the year which application is made and where the applicant is the owner of all improvements located on the real property."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 23, 1992

3009

Abernathy Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y' Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cautborn Y Chafin Y' Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B Y Cumrnings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner N Harris.B Y Harris.J

Y Heard Y Henson Y Herbert
Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Mann Y Martin
McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Streat Y Taylor Y Teper Thomas.C Y Thomas,M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 147, nays 2. The Bill, having received the requisite two-thirds constitutional majority, was passed, as amended.

Representatives McBee of the 68th, Walker of the 113th, Thomas of the 69th, Thurmond of the 67th, Poston of the 2nd and Dixon of the 128th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 2069.

By Representatives Padgett of the 86th and Williams of the 90th: A bill to amend an Act creating the board of commissioners of Richmond County, so as to change the composition of the board.

The following Committee substitute was read and adopted:

A BILL To amend an Act creating the board of commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), and an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), so as to change the composition of the board; to provide for a chairperson and vice chair person; to provide for board member qualifications, terms, and manner of election and fill ing vacancies; to provide for commissioner districts; to provide for board organization, voting, meetings, compensation, and allowances; to provide for definitions and insertions; to provide for the completion of terms by members serving on the board on January 1, 1992, in designated districts; to provide for related matters; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain

3010

JOURNAL OF THE HOUSE,

contingency; to provide for effective dates; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section. An Act creating the board of commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), and an Act approved March 14, 1984 (Ga. L. 1984, p. 4245), is amended by striking Sections 1 and 2 and inserting in their place a new Section 1 to read as follows: "Section 1. (a) Beginning January 1, 1993, the governing authority of Richmond County shall be a board of commissioners of said county, referred to in this section as the board, consisting of eight members. (b) For the purpose of the board established in subsection (a) of this section, Rich mond County is divided into eight commissioner districts as follows: Commissioner District: ^1
RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 (Part) Tract: 0007. Block(s): 112, 113, 114, 115, 117, 118, 125, 126, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 419, 420, 421, 422 Tract: 0009. Block(s): 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 404, 405, 406, 407 Tract: 0015. Block(s): 101A, 103, 307, 308, 309 Tract: 0106. Block(s): 902A, 902B, 902C, 906A, 906B, 907, 915A, 915B, 917, 918, 919, 920A VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0019 7 (Part) Tract: 0001. Block(s): 209, 210, 211, 302, 303, 304, 305, 409, 410, 413 VTD: 0020 7A VTD: 0021 8 (Part) Tract: 0001. Block(s): 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B VTD: 0022 8A (Part) Tract: 0016, Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 219A, 233 VTD: 0026 85-1
Commissioner District: 2 RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0009. Block(s): 402, 403, 408, 409, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 601, 605

MONDAY, MARCH 23, 1992

3011

VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 606, 607, 608, 609, 610, 612, 613 Tract: 0010. Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 419, 420, 422, 423, 430, 431, 432, 433, 434, 435, 440, 441, 444
VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0039 88-1 VTD: 0042 88-4 VTD: 0044 88-6 Commissioner District: 3 RICHMOND COUNTY VTD: 0005 3 (Part)
Tract: 0010. Block(s): 406, 415, 416, 417, 418, 428, 429, 436, 437, 438, 439, 442
VTD: 0015 6 (Part) Tract: 0011. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 512, 513
VTD: 0017 6B VTD: 0019 7 (Part)
Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 212, 213, 301, 411, 412
Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311
Tract: 0011. Block(s): 101, 102, 103, 104, 105, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315
VTD: 0021 8 (Part) Tract: 0001. Block(s): 414 Tract: 0011. Block(s): 304, 305, 306, 307, 308, 309, 313, 314, 316, 317, 318, 319, 320, 321 Tract: 0012. Block(s): 605, 606, 607, 608
VTD: 0022 8A (Part) Tract: 0011. Block(s): 207, 208 Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract: 0016. Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 207A, 208A, 209, 212, 213A, 215, 216, 217, 218, 226A, 227A
VTD: 0046 89-1 VTD: 0051 89-6

3012

JOURNAL OF THE HOUSE,

VTD: 0055 89-10 VTD: 0058 90-3 VTD: 0060 90-5 (Part)
Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 503B, 504, 513, 515, 516, 517, 901B, 901C
Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532
Tract: 0102.01 Block(s): 402, 404, 418, 419, 420, 421, 422, 430, 431
Tract: 0102.03 Block(s): 401, 402, 403
Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905
Commissioner District: 4 RICHMOND COUNTY VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153 Tract: 0107.04 Block(s): 101, 103, 148, 149, 150, 151, 152, 153, 154 Tract: 0108. Block(s): 901F VTD: 0049 89-4 VTD: 0053 89-8
Commissioner District: 5 RICHMOND COUNTY VTD: 0006 3A VTD: 0007 3B VTD: 0015 6 (Part) Tract: 0012. Block(s): 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 501, 506, 507, 508, 509, 510, 511, 901A Tract: 0013. Block(s): 207, 208, 210, 211, 212, 213, 214, 215, 216, 225A VTD: 0016 6A VTD: 0018 6C VTD: 0021 8 (Part) Tract: 0012. Block(s): 402, 616 VTD: 0023 8B VTD: 0024 8C VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0043 88-5 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0052 89-7

MONDAY, MARCH 23, 1992

3013

Commissioner District: 6 RICHMOND COUNTY VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 401 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 244, 245, 246, 247 VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163 VTD: 0035 86-7 VTD: 0036 86-8 (Part) Tract: 0107.06 Block(s): 106, 107, 108, 109, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306 VTD: 0050 89-5 VTD: 0063 FGl VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6
Commissioner District: 7 RICHMOND COUNTY VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0059 90-4 VTD: 0060 90-5 (Part) Tract: 0102.01 Block(s): 401, 403, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 426
Commissioner District: 8 RICHMOND COUNTY VTD: 0029 86-1 VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439 Tract: 0105.11 Block(s): 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 414 VTD: 0031 86-3 (Part)

3014

JOURNAL OF THE HOUSE,

Tract: 0107.05 Block(s): 239, 240, 241, 242, 243
VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0036 86-8 (Part)
Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973
Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 201, 202
Tract: 0109.02 Block(s): 102
VTD: 0048 89-3
For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Richmond County which is not included in any commissioner dis trict described in this section shall be included within that commissioner district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Richmond County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) No person shall be eligible to serve as a member of the board unless that person:
(1) Has been a resident of the commissioner district from which elected for a period of one year immediately prior to the date of the election; provided, however, that this provision shall not apply to any special election conducted under this Act prior to January 1, 1993, or to the first general election conducted under this Act in November, 1992;
(2) Continues to reside within the commissioner district from which elected during that person's term of office; and
(3) Is a registered and qualified elector of Richmond County. (d) Those members of the board of commissioners of Richmond County serving as such on January 1, 1992, under the previously existing provisions of this section shall serve out their respective terms of office but shall be deemed to be serving out those terms in designated commissioner districts as follows:

MONDAY, MARCH 23, 1992

3015

Mr. Herb Beckham Mr. Lee Neel, III Mr. J. Hobson Chavous Mr. Henry Brigham Mr. Larry E. Sconyers Mr. Willie Mays

Commissioner District 7 Commissioner District 3 Commissioner District 6 Commissioner District 5 Commissioner District 8 Commissioner District 1

(e) Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 1, 5, and 8 shall serve until December 31, 1992, and the election and qualification of their respective successors, which successors shall be elected for Commissioner Districts 1, 5, and 8 shall be in the 1992 November general election. The members first elected from Commissioner Districts 1, 5, and 8 shall serve, beginning January 1, 1993, for initial terms of four years each and until their respective successors are elected and qualified under subsection (h) of this section. Those members of the board who, under subsection (d) of this section, are deemed to be serving out their terms in designated Commissioner Districts 3, 6, and 7 shall serve until December 31, 1994, and until their respective successors are elected and qualified under subsection (f) of this section.
(f) At the 1994 November general election, successors to those members of the board from Commissioner Districts 3, 6, and 7, all of whose terms expire December 31, 1994, shall be elected to serve, beginning January 1, 1995, for terms of four years each and until their respective successors are elected and qualified under subsection (h) of this section.
(g) The first member elected from Commissioner District 2 shall serve, beginning January 1, 1993, for an initial term of two years; and the first member elected from Commissioner District 4 shall serve, beginning January 1, 1993, for an initial term of four years; and both shall serve until their respective successors are elected and qualified under subsection (h) of this section.
(h) Successors to members of the board whose terms expire after December 31, 1994, shall be elected at the general election immediately preceding the expiration of their respective member's term of office, shall take office on the first day of January immedi ately following the election for terms of four years and until the election and qualifica tion of their respective successors.
(i) Each member of the board elected to the board in the 1992 November general election or any election thereafter shall be elected by a majority of the voters voting within the commissioner district of that member. All members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(j) Any vacancy in the board which occurs within one year prior to the expiration of a term of office shall be filled for the unexpired term and until a successor is elected .and qualified by a member appointed by a majority vote of the remaining members of the board. Any vacancy in the board which occurs more than one year prior to the expi ration of a term of office shall be filled for the unexpired term and until a successor is elected and qualified by a special election called by the Board of Elections of Rich mond County for that purpose within 45 days after that vacancy occurs. No person shall be appointed or elected to fill a vacancy unless that person resides in the commissioner district corresponding to that of the member whose unexpired term is being filled; pro vided, however, that in the event of a special election prior to January 1, 1993, to fill a vacancy on the board, a candidate may reside either in the commissioner district cre ated by an Act approved March 14, 1984 (Ga. L. 1984, p. 4245) corresponding to that of the member whose unexpired term is being filled or in the commissioner district cre ated by this Act, as set forth in subsection (b) of this section, corresponding to that of the member whose unexpired term is being filled.
(k) At the first regular meeting of the board in 1993 and at such first regular meet ing every two years thereafter, the members of the board shall elect from their number a chairperson and vice chairperson to serve two-year terms, respectively. The chairper son shall possess and exercise the following executive and administrative powers and duties:

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(1) To preside at all meetings of the board and vote on all matters before the board;
(2) To serve as the official head of Richmond County for the service of process and for ceremonial purposes;
(3) To administer oaths and to take affidavits; (4) To sign all written contracts entered into by the board on behalf of Richmond County and all other contracts and instruments executed by the county which by law are required to be in writing; (5) To ensure that all laws, ordinances, and resolutions of Richmond County are faithfully executed; and (6) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the board. (1) The chairperson of the board shall receive an annual salary of $25,000.00, payable in equal monthly installments, and a monthly expense allowance of $200.00 for actual and necessary expenses incurred in carrying out the chairperson's official duties. The vice chairperson shall receive an annual salary of $15,000.00, payable in equal monthly installments, and a monthly expense allowance of $150.00 for actual and necessary expenses incurred in carrying out the vice chairperson's official duties. Members of the board, other than the chairperson and vice chairperson, shall each receive an annual sal ary of $10,200.00, payable in equal monthly installments, and a monthly expense allow ance of $100.00 for actual and necessary expenses incurred in carrying out their respective official duties. The salary and expense allowances of the chairperson, vice chairperson, and other members of the board shall be paid from county funds. (m) The board shall have the right and power to issue all necessary writs and sum mon parties or witnesses before it and shall have the power to punish for contempt by fine or imprisonment in the same manner as the probate court. The sheriff or the county police of Richmond County may be required to attend meetings of the board and shall serve all writs, subpoenas, and other processes of such board." Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Richmond County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 3. Except for the provisions relating to and necessary for the election of members of the board of commissioners of Richmond County at the 1992 November gen eral election or any special election prior to January 1, 1993, the provisions of this Act shall become effective January 1, 1993. The provisions of this Act relating to and necessary for the election of those members of the board of commissioners of Richmond County at the 1992 November general election or any special election prior to January 1, 1993, shall become effective upon the date this Act is approved by the Governor or upon its becoming law without the Governor's approval. Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Connell of the 87th wishes to be recorded as voting "nay" on HB 2069.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

MONDAY, MARCH 23, 1992

3017

Mr. Speaker: The Senate has agreed to the House substitute to the following Bills of the Senate:

SB 144. By Senators Walker of the 22nd, Walker of the 43rd and Alien of the 2nd: 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 legisla tive intent; to provide definitions; to require minority business enterprises to be certified by the Department of Administrative Services before bidding on state contracts; to provide the requirements for certification as a minority business enterprise.

SB 149. By Senators Bishop of the 15th, Robinson of the 16th and Tate of the 38th: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Anno tated, the "Act Creating the Superior Court Judges Retirement System," so as to authorize creditable service for certain prior service; to provide require ments relative thereto; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal.

SB 585. By Senators Tate of the 38th, Scott of the 36th, Egan of the 40th and oth ers: A bill to amend Code Section 8-3-50 of the Official Code of Georgia Anno tated, relating to the appointment of local housing authority commissioners, so as to provide that in counties having a population of 550,000 or more according to the United States decennial census of 1990 or any future such census, the resident commissioner shall be a voting member of the authority; to provide an effective date.

The Senate has agreed to the House amendment to the following Bill of the Senate:

SB 616. By Senators Thompson of the 33rd and Coleman of the 1st: A bill to amend Code Section 32-6-51 of the Official Code of Georgia Anno tated, relating to the prohibition and regulation of signs, signals, devices, or structures on the rights of way of public roads, so as to change the provisions relating to bus shelters; to restrict the right to erect and maintain bus shel ters.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 113. By Representative Lane of the 27th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions applicable to the General Assembly, so as to require a copy of local bills annexing territory to a municipality to be provided to the governing authority of the county.

HB 1114. By Representative McKinney of the 35th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation of county boards of equalization, so as to authorize the creation of additional boards of equalization in each county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census.

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HB 1286.

By Representatives Kilgore of the 42nd and Holland of the 136th: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem property tax exemptions, so as to clarify certain conditions, limitations, and procedures under which taxpayers shall qualify for the freeport exemption.

HB 1519.

By Representatives Oliver of the 53rd, Baker of the 51st and Porter of the 119th: A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that if the Department of Human Resources is the petitioner, then no guard ian ad litem need be appointed; to provide for admissibility of blood tests.

HB 1680. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Community Affairs, so as to provide def initions; to restrict an employee of a regional development center from service with entities contracting with the regional development center.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1580.

By Representatives Orrock of the 30th, Mills of the 20th and Oliver of the 53rd: A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Anno tated, relating to podiatrists, so as to provide that certain undertakings will constitute the practice of podiatry.

HB 1595.

By Representative Dover of the llth: A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the examination of county tax digests, so as to provide for a three-year digest evaluation cycle.

HB 1666.

By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd, Jones of the 71st, Taylor of the 94th and others: A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Anno tated, relating to life insurance, so as to provide that interest shall be paid on the proceeds of certain policies from the time a claim is filed.

HB 1931.

By Representatives Herbert of the 76th, Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth: 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 authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

MONDAY, MARCH 23, 1992

3019

HB 1211. By Representative Campbell of the 23rd: A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to authorize municipal courts to try and dispose of violations of Code Section 16-7-21, relating to criminal trespass.

HB 1270.

By Representative Martin of the 26th: A bill to amend Code Section 41-2-12 of the Official Code of Georgia Anno tated, relating to service of complaints or orders upon parties in interest of unfit structures, so as to eliminate the requirement of service by publication of nonresidents.

HB 1275.

By Representative Dunn of the 73rd: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to authorize attendance at driver improvement programs in lieu of assessment of points for certain traffic vio lations.

HB 1362.

By Representatives Thomas of the 69th and Chambless of the 133rd: A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Anno tated, relating to state courts of counties, so as to provide that the governing authority of any county may contract with the governing authority of any municipality within the county for the county to furnish municipal court ser vices through its state court.

HB 1447.

By Representatives Oliver of the 53rd, Cummings of the 17th, Lane of the 27th, Dixon of the 128th and Teper of the 46th: A bill to amend Code Section 40-6-294 of the Official Code of Georgia Anno tated, relating to riding on roadways and bicycle paths, so as to authorize local governing authorities to require bicycle riders to use bicycle paths under certain conditions.

HB 1462.

By Representatives Brush of the 83rd, Parham of the 105th, Barnett of the 10th, Harris of the 84th and Williams of the 90th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide for suspension of a driver's license for the fraudulent or false application for such license.

HB 1566.

By Representatives Childers of the 15th and Hudson of the 117th: A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of barbers, so as to delete certain provisions relating to barber students.

HB 1572.

By Representatives Childers of the 15th and Hudson of the 117th: A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of psychologists, so as to change the termina tion date of and to continue the State Board of Examiners of Psychologists and the laws relating to such board.

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JOURNAL OF THE HOUSE,

HB 1750.

By Representatives Walker of the 115th, Buck of the 95th and Groover of the 99th: A bill to amend Code Section 36-82-62 of the Official Code of Georgia Anno tated, relating to the powers relating to undertakings and revenue bonds gen erally, so as to authorize fees to be charged to persons to whom services are provided or made available by an undertaking financed by a revenue bond.

HB 1904.

By Representatives Jackson of the 9th, Colwell of the 4th and Benefield of the 72nd: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess weight and dimensions, so as to prohibit the issuance of permits for loads in excess of 12 feet wide if the load may be readily dismantled or separated.

SB 858. By Senator Thompson of the 33rd: A bill to provide for a homestead exemption of $10,000.00 from all Powder Springs, Georgia, ad valorem taxes for residents of Powder Springs, Georgia, who are disabled and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year; to provide for a statement of authority; to provide for the calculation of income and amounts to be included in such calculation; to provide for disability and the determination thereof.

SB 859. By Senator Pollard of the 24th: A bill to amend an Act creating the board of commissioners of Greene County, as amended, so as to provide for compensation of the chairman; to provide an effective date.

SB 860. By Senator Pollard of the 24th: A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Greene County into the one office of tax commissioner of Greene County, as amended, so as to change the compensation provisions relating to the tax commissioner; to provide an effective date.

SB 861. By Senator Broun of the 46th: A bill to grant to residents of Clarke County and the Clarke County School District, upon their homesteads, an exemption of $10,000.00 from certain ad valorem taxes levied by the Unified Government of Athens-Clarke County, Georgia, and levied by, for, or on behalf of the Clarke County School Dis trict; to provide that the exemption will be phased in for certain residents.

SB 862. By Senator Foster of the 50th: A bill to amend an Act providing for the election of the members of the Board of Education of Habersham County so as to change the education dis tricts; to provide for definitions; to provide for conflicting descriptions; to provide for inclusion of certain areas within other districts; to require certain submissions and provide for automatic repeal.

HB 1491.

By Representatives McBee of the 68th, Thurmond of the 67th and Clark of the 13th: A bill to amend an Act providing for the unification of the existing govern ments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the compo sition of the districts from which the members of the Commission of AthensClarke County are elected.

MONDAY, MARCH 23, 1992

3021

HB 1493.

By Representatives McBee of the 68th, Clark of the 13th, Powell of the 13th and Thurmond of the 67th: 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 exist ing school district in the County of Clarke, so as to change the composition of the districts from which the members of the Board of Education of Clarke County are elected.

HB 1916. By Representative Blitch of the 150th: A bill to provide a charter for the City of Fargo.

HB 1948.

By Representative Hudson of the 117th: A bill to amend an Act to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board, so as to change the composition of the commission districts.

HB 1949. By Representative Selman of the 32nd: A bill to amend an Act establishing a charter for the City of Fairburn, so as to authorize the city council to grant certain franchises.

HB 2010.

By Representatives Randall of the 101st, Lucas of the 102nd, Pinkston of the 100th and Groover of the 99th: A bill to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to provide for the board and its purposes.

HB 2011.

By Representatives Watts of the 41st and Murphy of the 18th: A bill to amend an Act creating a Board of Commissioners for Paulding County, so as to provide that such board shall consist of five commissioners elected from commissioner districts with a chairman selected from among their number or, in the alternative, shall consist of three commissioners elected from the county at large.

HB 2012.

By Representatives Klein of the 21st, Coker of the 21st, Wilder of the 21st, Clark of the 20th, Cauthorn of the 20th and others: A bill to provide that the tax commissioner of Cobb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Cobb County to reimburse the county for the cost of collecting school taxes.

HB 2016.

By Representatives Dixon of the 151st and Smith of the 152nd: A bill to provide a homestead exemption from all City of Kingsland ad valo rem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness, in the amount of $25,000.00 of the assessed value of the homestead for residents of the City of Kingsland who are 65 years of age or older and whose gross income does not exceed $25,000.00.

HB 2017.

By Representatives Dixon of the 151st and Blitch of the 150th: A bill to amend an Act providing a new charter for the City of Waycross, so as to authorize the judge of the police court to grant first offender proba tion treatment to persons charged with possession of one ounce or less of marijuana.

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JOURNAL OF THE HOUSE,

HB 2019. By Representative Jenkins of the 80th: A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, so as to provide for the appointment of a city manager.

HB 2025. By Representative Holland of the 136th: A bill to amend an Act establishing a State Court of Worth County, so as to change the salary of the judge of said court.

HB 2033.

By Representatives Simpson of the 70th, Thomas of the 69th and Jones of the 71st: A bill to amend an Act revising and consolidating the laws pertaining to the governing authority of Carroll County, so as to change the minimum age for district commissioners.

HB 2039. By Representatives Powell of the 145th and Royal of the 144th: A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to reapportion the commissioner districts.

HB 2040. By Representatives Powell of the 145th and Royal of the 144th: A bill to amend an Act relating to the Board of Education of Colquitt County, so as to reapportion the education districts.

HB 2051.

By Representative Balkcom of the 140th: A bill to amend an Act incorporating the City of Blakely, so as to change the date of municipal elections.

HB 2056. By Representatives Jackson of the 9th and Orr of the 9th: A bill to create the Hall County Water and Sewerage Authority.

HB 2073. By Representative Murphy of the 18th: A bill to amend an Act reincorporating and creating a new charter for the City of Tallapoosa in Haralson County, so as to change provisions relating to the jurisdiction and punishment powers of the Municipal Court of the City of Tallapoosa.

HB 1117.

By Representative McKinney of the 35th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to the creation of county boards of equalization, so as to repeal certain provisions authorizing any county of this state having a popu lation of not less than 400,000 nor more than 550,000 according to the United States decennial census of 1970 or any future such census to have additional boards of equalization.

HB 1118.

By Representative McKinney of the 35th: A bill to amend an Act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, so as to provide that certain appeals and assessment reviews shall be con ducted in the manner specified by general law.

MONDAY, MARCH 23, 1992

3023

HB 1816. By Representatives Watson of the 114th and Walker of the 115th: A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to change the provi sions relating to utilization of the courthouse or courthouse annex in certain counties as a registrar's office or place of registration for the purpose of receiving absentee ballots; to change certain population brackets.

HB 1858.

By Representative Skipper of the 116th: A bill to repeal an Act providing for the compensation of the chairman and members of the board of commissioners of each county of this state having a population of not less than 26,290 and not more than 27,280.

HB 1879. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act providing for a board of elections in certain counties, so as to change the provisions relative to population and census.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House:

HR 831. By Representatives Oliver of the 121st, Floyd of the 154th, Byrd of the 153rd and Colwell of the 4th: A resolution authorizing the granting of a nonexclusive easement over certain state owned real property located in Tattnall County, Georgia, and the acceptance of an easement over real property located in Tattnall County, Georgia.

HR 840. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Chambless of the 133rd, Dover of the llth and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the dedication and deposit of revenues from specified sources into an Indigent Care Trust Fund; to provide that moneys in the fund shall be exclusively used for primary health care programs for medically indigent citizens and children, for expan sion of Medicaid eligibility and services.

HR 933. By Representatives Beatty of the 12th, Ladd of the 44th, Mobley of the 64th, Carrell of the 65th, Breedlove of the 60th and others: A resolution designating the Veterans Memorial Parkway.

HR 946. By Representatives Barfoot of the 120th, Murphy of the 18th, Godbee of the 110th, Edwards of the 112th, Clark of the 13th and others: A resolution designating the Edward C. Moses Highway.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

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JOURNAL OF THE HOUSE,

SB 858. By Senator Thompson of the 33rd: A bill to provide for a homestead exemption of $10,000.00 from all Powder Springs, Georgia, ad valorem taxes for residents of Powder Springs, Georgia, who are disabled and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year; to provide for a statement of authority; to provide for the calculation of income and amounts to be included in such calculation; to provide for disability and the determination thereof.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 859. By Senator Pollard of the 24th: A bill to amend an Act creating the board of commissioners of Greene County, as amended, so as to provide for compensation of the chairman; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 860. By Senator Pollard of the 24th: A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Greene County into the one office of tax commissioner of Greene County, as amended, so as to change the compensation provisions relating to the tax commissioner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 861. By Senator Broun of the 46th: A bill to grant to residents of Clarke County and the Clarke County School District, upon their homesteads, an exemption of $10,000.00 from certain ad valorem taxes levied by the Unified Government of Athens-Clarke County, Georgia, and levied by, for, or on behalf of the Clarke County School Dis trict; to provide that the exemption will be phased in for certain residents.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 862. By Senator Foster of the 50th: A bill to amend an Act providing for the election of the members of the Board of Education of Habersham County so as to change the education dis tricts; to provide for definitions; to provide for conflicting descriptions; to provide for inclusion of certain areas within other districts; to require certain submissions and provide for automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1113. By Representatives Powell of the 13th and Clark of the 13th: A resolution commending the Hart County High School girls' basketball team and inviting the team and coaches to appear and be recognized before the House of Representatives.

HR 1114. By Representatives Pelote of the 127th and Hamilton of the 124th: A resolution commending Mr. Lester Anthony and inviting him to appear before the House of Representatives.

MONDAY, MARCH 23, 1992

3025

HR 1115. By Representatives McBee of the 68th, Powell of the 13th, Thurmond of the 67th and Clark of the 13th: A resolution commending the Cedar Shoals High School Girls' Basketball Team and inviting the team and coaches to appear before the House of Rep resentatives.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the Senate were taken up for consideration and read the third time:

SB 672. By Senators Gillis of the 20th, Huggins of the 53rd, Marable of the 52nd and others: A bill to amend Code Section 27-4-52 of the Official Code of Georgia Anno tated, relating to trout waters without seasons, so as to add certain streams; to delete one stream.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Brush Y Buck Y Buckner Y Bvrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M
Dixon.H Dixon,S Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Groover Y Hamilton Y Hammond Hanner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Jackson Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langtord Y Lawrence Y Lawson YLee Y Long YLord Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B McKinney,C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett
Par ham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R 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.

Representatives Dixon of the 128th, Henson of the 57th, Poston of the 2nd, Stanley of the 33rd and Thurmond of the 67th stated that they had been called from the floor

3026

JOURNAL OF THE HOUSE,

of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SR 486. By Senators Starr of the 44th and English of the 21st: A resolution proposing an amendment to the Constitution so as to provide that the distribution of tractors, farm equipment, heavy equipment, and parts therefor in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare; to authorize the General Assembly to regulate tractor, farm equipment, and heavy equipment manu facturers, distributors, dealers, and their representatives doing business in Georgia, in order to prevent frauds; to provide for the submission of this amendment for ratification or rejection.

The following Committee substitute was read and adopted:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the distribution of tractors, farm equipment, heavy equipment, new motor vehicles, and parts therefor in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare; to authorize the General Assembly to regulate tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and their representatives doing business in Georgia, including agreements among such parties, in order to prevent frauds, unfair business practices, unfair methods of competition, imposi tions, and other abuses upon its citizens; 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 II of the Constitution is amended by adding at the end thereof a new subparagraph (c) to read as follows:
"(c) The distribution of tractors, farm equipment, heavy equipment, new motor vehi cles, and parts therefor in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare. Notwithstanding the provisions of Article I, Section I, Paragraphs I, II, and III or Article III, Section VI, Paragraph V(c) of this Constitution, the General Assembly in the exercise of its police power shall be authorized to regulate tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and their representatives doing business in Georgia, including agreements among such parties, in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens. Any law enacted by the General Assembly shall not impair the obligation of an existing contract but may apply with respect to the renewal of such a contract after the effective date of such law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assem bly to regulate tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and their representa tives doing business in Georgia, including agreements among such parties, in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

MONDAY, MARCH 23, 1992

3027

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:

Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y' Bargeron
Barnett.B Barnett.M Y Bates Y Beatty Y Benefield Y" Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Brown Brush Y Buck Y Buckner Y Byrd Y' Campbell Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Clark.L
Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Dixon.S Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris.J

Y Heard Henson
Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Y Lord
Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman
Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M
Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Williams.R Y Yeargin Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 150, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

Representatives Abernathy of the 39th, Dixon of the 128th, Henson of the 57th, Poston of the 2nd and Thurmond of the 67th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

SB 564. By Senator Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for the regulation of medicare supplement insurance; to provide definitions; to provide for the applicability and scope of the chapter; to provide standards for policy provisions; to pro vide authority to promulgate rules and regulations; to provide authority for the Commissioner to issue reasonable regulations to establish minimum stan dards for loss ratios.

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JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to the regula tion of insurance, so as to provide for the regulation of medicare supplement insurance; to provide definitions; to provide for the applicability and scope of the chapter; to provide standards for policy provisions; to provide authority to promulgate rules and regulations; to provide authority for the Commissioner to issue reasonable regulations to establish min imum standards for loss ratios; to provide disclosure standards; to provide for notices rela tive to the examination of policies; to provide for the Commissioner's approval of advertising relative to medicare supplement policies; to provide penalties; to provide for matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 33 of the Official Code of Georgia Annotated, relating to the regula tion of insurance, is amended by striking Chapter 43, relating to medicare supplement insurance, in its entirety and inserting in its place a new Chapter 43 to read as follows:
"CHAPTER 43 33-43-1. As used in this chapter, the term:
(1) 'Applicant' means: (A) In the case of an individual medicare supplement policy or subscriber con
tract, the person who seeks to contract for insurance benefits; and (B) In the case of a group medicare supplement policy er subscriber contract,
the proposed certificate holder. (2) 'Certificate' means any certificate issued under a group medicare supplement policy, which certificate has been delivered or issued for delivery in this state under a group medicare supplement policy. (3) 'Certificate form' means the form on which the certificate is delivered or issued for delivery by the insurer. (4) 'Issuer' includes insurance companies, fraternal benefit societies, health care service plans, health maintenance organizations, and any other entity delivering or issuing for delivery in this state medicare supplement policies or certificates. {3} (5) 'Medicare supplement policy' means a group or individual policy of accident and sickness insurance or a subscriber contract of hospital and medical service associa tions or health maintenance organizations, other than a policy issued pursuant to a contract under Section 1876 or Section 1833 of the federal Social Security Act (42 U.S.C. Section 1395 et. seq.) or an issued policy under a demonstration project autho rized pursuant to amendments to the federal Social Security Act, which is advertised, marketed, or designed primarily as a supplement to reimbursement under medicare for the hospital, medical, or surgical expenses of persons eligible for medicare fey fea-
(4) (6) 'Medicare' means the 'Health Insurance for the Aged Act,' Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended.
(7) 'Policy form' means the form on which the policy is delivered or issued for delivery by the insurer. 33-43-2. (a) Except as otherwise specifically provided in Code Section 33-43-4, this chapter shall apply to:
(1) All medicare supplement policies et&& subscriber contracts delivered or issued for delivery in this state on or after July 1 30, 1989 1992; and
(2) All certificates issued under group medicare supplement policies or subscriber contracts, which certificates have been delivered or issued for delivery in this state. (b) This chapter shall not apply to a policy or contract of one or more employers or labor organizations, ef of the trustees of a fund established by one or more employers or labor organizations; or a combination thereof, for employees or former employees^ or

MONDAY, MARCH 23, 1992

3029

a combination thereof, or for members or former members; or a combination thereof; of the labor organizations.
(c) This The provisions of this chapter shall not be construed to prohibit or apply to insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible persons, which policies are not marketed or held to be medicare supplement policies or benefit plans.
33-43-3. (a) No medicare supplement insurance policy; contract, or certificate in force in the this state shall contain benefits which duplicate benefits provided by medicare.
(b) Notwithstanding any other provision of this title, a medicare supplement policy or certificate shall not exclude or limit benefits for losses incurred more than six months from the effective date of coverage because it involved a preexisting condition. The pol icy or certificate shall not define a preexisting condition more restrictively than a condi tion for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective date of coverage.
{b) (c) The Commissioner shall tssae adopt reasonable regulations to establish spe cific standards for policy provisions of medicare supplement policies and certificates. Such standards shall be in addition to and in accordance with applicable laws of this state. No requirement of this title relating to minimum required policy benefits, other than the minimum standards contained in this chapter, shall apply to medicare supple ment policies and certificates. The standards may cover, but shall not be limited to:
(1) Terms of renewability; (2) Initial and subsequent conditions of eligibility; (3) Nonduplication of coverage; (4) Probationary periods; (5) Benefit limitations, exceptions, and reductions; (6) Elimination periods; (7) Requirements for replacement; (8) Recurrent conditions; and (9) Definitions of terms.

Or coverage tor a preexisting condition, l nc policy may not dcimc ft preexisting condi* was recommended uy Of received trom a pnysician witnin six montris Dciorc tnc i
(d) The Commissioner shall adopt reasonable regulations to establish minimum stan dards for benefits, claims payment, marketing practices, compensation arrangements, and reporting practices for medicare supplement policies and certificates.
(e) The Commissioner may adopt from time to time such reasonable regulations as are necessary to conform medicare supplement policies and certificates to the require ments of federal law and regulations promulgated thereunder, including, but not limited to:
(1) Requiring refunds or credits if the policies or certificates do not meet loss ratio requirements;
(2) Establishing a uniform methodology for calculating and reporting loss ratios; (3) Assuring public access to policies, premiums, and loss ratio information of issu ers of medicare supplement insurance; (4) Establishing a process for approving or disapproving policy forms, certificate forms, and proposed premium increases; (5) Establishing a policy for holding public hearings prior to approval of premium increases; (6) Establishing standards for medicare select policies and certificates. (e) (f) The Commissioner may issue adopt reasonable regulations that specify prohib ited policy provisions not otherwise specifically authorized by statute which, in the opin ion of the Commissioner, are unjust, unfair, or unfairly discriminatory to any person insured or proposed for coverage to be insured under a medicare supplement policy or certificate.

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JOURNAL OF THE HOUSE,

33-43-4-. The Commissioner shall isse reasonable regulations to establish minimum stSHCiflPCls Ior Dcnciits 9.fid cisnfts pflymerit) mflrKetiri prscttccSj corftpensfltion QFP&ncmcnts, ad reporting practices ef insurers fef medicare supplement policies.
^ Atx r.cQoaiiufjcftxritiir- trr\rf jt-iKnjns Qst+aotteo rjJ-iunrrsnUnQnniijl-/ tt^o> fvn-'Ur^UcCt Qoca*t*rjt-/i<tu^rii oQoQ~_*jjtQo~_Oa tnyrf ftrl-tjiigs ^vViitnnjrJ^*le"r~ nSlfl^f1ll1l fH;ii^e f,t
copy of the master policy and any certificate used in this state in accordance with the filing requirements and procedures applicable to group medicare supplement policies than 30 days after insurance was provided to a resident ef this state under a master peliey issued for delivery outside this state.
(b) 33-43-4. Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premium charged. The Commissioner shall issue reasonable regulations to establish minimum standards for loss ratios of medicare sup plement policies on the basis of incurred claims experience, or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement basis, and earned premiums in accordance with accepted actuarial principles and practices. Every entity providing medicare supplement policies documentation demonstrating that it is in compliance with the applicable Jess ratio stanQ&FQ9 OT triis st&te. All tilings of rotes snd rfttin^ s<jneciuies 9fisil Qenfionstpflte tfist the

33-43-6 33-43-5. (a) In order to provide for full and fair disclosure in the sale of medicare supplement policies, no medicare supplement policy or certificate shall be delivered in this state unless an outline of coverage is delivered to the applicant at the time application is made.
(b) The Commissioner shall prescribe the format and content of the outline of cover age required by subsection (a) of this Code section. For purposes of this Code section, 'format' means style, arrangements, and overall appearance, including such items as the size, color, and prominence of type and arrangement of text and captions. Such outline of coverage shall include:
(1) A description of the principal benefits and coverage provided in the policy; (2) A statement of the exceptions, reductions, and limitations contained in the pol icy; (3) A statement of the renewal provisions, including any reservation by the insurer issuer of a right to change premiums; and (4) A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions. (c) The Commissioner may prescribe by regulation a standard form and the contents of an informational brochure for persons eligible for medicare fey reason ef age, which is intended to improve the buyer's ability to select the most appropriate coverage and improve the buyer's understanding of medicare. Except in the case of direct response insurance policies, the Commissioner may require by regulation that the information informational brochure be provided to any prospective insureds eligible for medicare concurrently with delivery of the outline of coverage. With respect to direct response insurance policies, the Commissioner may require by regulation that the prescribed bro chure be provided upon request to any prospective insureds eligible for medicare by rea son ef age, but in no event shall the brochure be provided later than the time of policy delivery. (d) The Commissioner may promulgate regulations prescribe by regulation for cap tions or notice requirements, determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not medicare supple ment coverages; for all accident and sickness insurance policies sold to persons eligible for medicare by reason ef age, other than: (1) Medicare supplement policies; (2) Disability income policies er limited benefit policies;

MONDAY, MARCH 23, 1992

3031

(3) Basic, catastrophic, or major medical expense policies; or (4) Single premium, nonrenewable policies. (e) The Commissioner may further promulgate adopt reasonable regulations to gov ern the full and fair disclosure of the information in connection with the replacement of accident and sickness policies, subscriber contracts, or certificates by persons eligible for medicare by reason ef age. 33-43-7 33-43-6. Medicare supplement policies or certificates shall have a notice prominently printed on the first page of the policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy or certif icate within 30 days of its delivery and to have the premium refunded if, after examina tion of the policy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant to this Code section shall be paid directly to the applicant by the insurer issuer in a timely manner. oo 4o o oo~4o- /. livery insurer, ncaltn care service plan, of otncr entity providing issuer of medicare supplement insurance or benefits in this state shall provide a copy of any medicare supplement advertisement intended for use in this state whether through written, radio, or television medium to the Commissioner for review and approval by the Commissioner. 33-43-8. Regulations adopted pursuant to this chapter shall be subject to the provi sions of this chapter and Code Section 33-2-9. 33-43-9. In addition to any other applicable penalties for violations of this title, the Commissioner may require issuers violating any provision of this chapter or regulations promulgated pursuant to this chapter to cease marketing any medicare supplement pol icy or certificate in this state which is related directly or indirectly to a violation or may require such issuer to take such actions as are necessary to comply with the provisions of this chapter, or both." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of the promulgation of rules and regulations by the Commissioner of Insurance and shall become effective for all pur poses on July 30, 1992. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SR 474. By Senator Brown of the 26th: A resolution authorizing the conveyance of certain state owned real property located in Bibb County, Georgia, to the Macon Housing Authority; 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 fol lows:

Abernathy Y Adams Y Aiken Y Alford Y Ashe

Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron

Y Barnett.B Barnett.M
Y Bates Y Beatty Y Benefield

Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch

Y Breedlove Y Brooks
Brown Y Brush Y Buck

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JOURNAL OF THE HOUSE,

Y Buckner YByrd Y Campbell Y Canty
Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H
Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton

Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J
Heard Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston

Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey Y McKinney.B
McKinney,C Y Meadows Y Merritt Y Milam
Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock

Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag
Porter Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith, W

Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas,N Thurmond Y Titus Y Tolbert Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts White Y Wilder Y Williams,B Williams.J Y Williams.R 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.

Representatives Abernathy of the 39th, Dixon of the 128th, Henson of the 57th, Poston of the 2nd and Thurmond of the 67th 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.

SB 379. By Senators Kidd of the 25th, Deal of the 49th, Garner of the 30th and oth ers: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Georgia Register Act"; to provide for the publication of a Georgia Register and its governance by the Georgia Register Board; to provide for the membership, powers, duties, procedures, and operations of the board; to provide for the contents of the Georgia Regis ter to include certain information with respect to certain proposed, pending, and adopted governmental actions and certain other material.

The following Committee substitute was read and adopted:

A BILL To amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, so as to provide that such authority shall publish and sell a publication to be called the Georgia Register; to define certain terms; to provide for the content of such publication; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, is amended by redesignating Code Sections 50-25-6 through

MONDAY, MARCH 23, 1992

3033

50-25-12 as Code Sections 50-25-7 through 50-25-13, respectively, and by inserting immedi ately following Code Section 50-25-5 the following:
"50-25-6. (a) As used in this Code section, the term: (1) 'Agency' means: (A) The Governor in the exercise of all executive powers; (B) Each other state officer, department, departmental unit, board, bureau, or commission expressly authorized by law to make rules and regulations; and (C) The General Assembly. (2) 'Meeting' means an open and public meeting of an agency to which Chapter
14 of this title applies but shall not include a special meeting called on less than 24 hours' notice.
(3) 'Period' means the time since the closing date of the previous issue of the Georgia Register. (b) The authority shall publish or cause to be published through printed and elec tronic media and sell a publication entitled the Georgia Register which shall include information made available by the agencies through electronic media related to:
(1) Notice of adoption of all rules filed during the period; (2) A summary of each rule proposed during the period and a statement of the manner in which a copy of the complete text of the rule may be obtained; (3) The complete text of all rules adopted during the period; (4) All agency meeting notices showing the time, place, and date of the meeting, and the text of rules proposed for consideration or a reference where the text of the proposed rules is published, including a statement of the manner in which a copy of the agenda may be obtained; (5) All executive orders or proclamations issued by the Governor; (6) A summary of all state contracts or requests for proposals of an amount more than $100,000.00 and a statement of the manner in which a copy of the complete con tract or request for proposal may be obtained; (7) All official and unofficial Attorney General opinions and a summary of each opinion; (8) The full text of agency emergency rules; (9) Notice of land acquisitions or transfers with a value of more than $50,000.00, including a statement of the manner in which more detailed information may be obtained; (10) For each session of the General Assembly:
(A) An abstract of each bill that is introduced; (B) A synopsis of each bill that is enacted; and (C) The status of each bill; (11) The hearing calendar of the Supreme Court; (12) The hearing calendar of the Court of Appeals; (13) A table of contents; and (14) An index. (c) No state appropriated funds shall be used for any purpose stated in 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 sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 109, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute.
SB 460. By Senator Moye of the 34th: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Anno tated, relating to the standards, labeling, and adulteration of food, so as to change certain definitions so as to exclude certain food establishments from regulation.

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JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change certain definitions so as to exclude certain food establishments from certain regulations; to authorize counties and municipalities to issue permits for the operation of nonprofit food sales and food service; to define certain terms; to provide minimum requirements applicable to nonprofit food sales and food service to protect the health and welfare of the public; to prohibit the sales of certain foods at certain events; to provide for enforcement; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards, labeling, and adulteration of food, is amended by striking paragraph (5) of subsection (a) of Code Section 26-2-21, relating to definitions in the "Georgia Food Act," and inserting in its place the following: "(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food process ing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores and places of business, and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festi val which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2;
(B) Lasts 48 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursu ant to a permit issued by the municipality or county in which it is conducted." Section 2. Said chapter is further amended by striking paragraph (1) of Code Section 26-2-370, relating to definitions regarding food service establishments, and inserting in its place the following: "(1) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; food vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called. The term 'food service establishment' shall not mean a 'food sales establishment,' as defined in Code Section 26-2-21, which does not provide seating or facilities for consumption of food on the premises. This term also shall not mean estab lishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of a fair or festival which: (A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501 (c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 48 hours or less; and

MONDAY, MARCH 23, 1992

3035

(C) When sponsored by such an organization, is authorized to be conducted pursu ant to a permit issued by the municipality or county in which it is conducted."
Section 3. Said chapter is further amended by adding following Article 13 a new Article 14 to read as follows:
"ARTICLE 14
26-2-390. As used in this article, the term: (1) 'Nonprofit food sales and food service' means the temporary sale or service of
food items by an organization at an event sponsored by a county, municipality, or organization.
(2) 'Organization' means an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2. 26-2-391. A county or municipality shall be authorized to issue permits for the opera tion of nonprofit food sales and food service at events sponsored by the county, munici pality, or an organization. A permit shall be valid for a period of 48 hours or less and another permit shall not be issued to the organization holding such permit until five days have elapsed from the date of the expiration of the permit. 26-2-392. (a) This Code section applies to food items prepared and offered for sale by organizations at events covered under this article. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consump tion. Food shall be obtained from sources that comply with all laws relating to food and food labeling. The use of food in hermetically sealed containers that was not prepared in a licensed food processing establishment is prohibited. (b) At all times, including while being stored, prepared, displayed, served, or trans ported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, flooding, drainage, and overhead leakage or overhead drippage from condensation. The temperature of poten tially hazardous food shall be either 45 degrees Fahrenheit or below or 140 degrees Fahr enheit or above at all times. (c) The preparation of the following potentially hazardous foods is prohibited:
(1) Pastries filled with cream or synthetic cream; (2) Custards; (3) Products similar to the products listed in paragraphs (1) and (2) of this subsec tion; or (4) Salads containing meat, poultry, eggs, or fish. (d) Frozen desserts shall only be produced using commercially pasteurized mixes or ingredients. Suitable utensils must be provided to eliminate hand contact with the cooked product. All utensils and equipment shall be cleaned periodically as necessary to prevent a buildup of food. (e) Ice that is consumed or that contacts food shall be from an approved source and protected from contamination until used. Ice used for cooling stored food shall not be used for human consumption. Food shall be served in an individual-meal type of con tainer and handed to the customer. Food items shall not be transported for sale at any other location or sold, held, or reused at another event. (f) A convenient handwashing facility shall be available for employee handwashing. This facility shall consist of, at least, warm running water and individual paper towels. (g) This Code section shall in no way be construed to allow the sale of food items which have been packaged, bottled, or canned in unapproved facilities. 26-2-393. The county or municipality issuing a permit for the operation of a non profit food sales and food service event shall be authorized to enforce the provisions of this article."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 105, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others: A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employ ment under the "Quality Basic Education Act," so as to provide for a payfor-performance program for rewarding group productivity; to provide for development and implementation of the program by the State Board of Edu cation; to provide for proposals by local schools.

The following Committee substitute was read and adopted:

A BILL To amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," so as to provide for a pay-for-performance program for rewarding group productivity; to provide for development and implementation of the program by the State Board of Education; to provide for proposals by local schools; to provide for evaluation of proposals and granting of awards; to provide for budgetary proposals; to provide for a pro gram of pay-for-performance awards, subject to certain conditions; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," is amended by adding immediately after Code Section 20-2-213, a new Code Section 20-2-213.1 to read as follows: "20-2-213.1. (1) The State Board of Education is authorized and directed to develop and implement a pay-for-performance program for rewarding group productiv ity. By December 31, 1992, and each December 31 thereafter, the State Board of Edu cation shall develop performance criteria which may be used in part to measure and evaluate student achievement and other outcomes of education at the school level. Such criteria shall reflect the six national goals for education which have been adopted under Georgia 2000. Such criteria shall also reflect school level improvement on identi fied performance criteria, such as the numbers of remedial, SIA, and Chapter I stu dents that achieved grade level performance.
(2) The state board shall create guidelines for the approval of local school propos als submitted through the local board of education under this program. The perform ance evaluation system shall be designed to determine the level of improvement achieved by the school based upon those criteria adopted and approved for the school proposal by the school building administration, faculty, staff, and school community. Local schools which choose to apply for pay-for-performance awards for group produc tivity shall submit proposals through the Local Board of Education to the State Board of Education. Such proposals shall be submitted annually and shall identify the state wide performance criteria among other locally determined educational outcomes which will be emphasized by the local school for the determination of award eligibility.
(3) The state board shall advise each local board of education as to whether the submitted proposal by each school applicant meets the guidelines for approval and,

MONDAY, MARCH 23, 1992

3037

consequently, whether the proposal as submitted is eligible for award consideration. Local schools shall be allowed to modify their initial proposals in order to meet the guidelines.
(4) Local school boards shall be informed by the state board of whether or not each school proposal has been approved no later than May 1 of the school year pre ceding the one for which the proposal was created.
(5) The State Board of Education shall evaluate the performance of all schools submitting proposals through the local board of education for a given school year dur ing the summer following that school year, according to the terms of the local school proposal as approved by the state board. The state board shall appoint an advisory evaluation team from outside the Department of Education to uniformly apply the cri teria for evaluating the local school proposals, and those schools which are deemed eli gible for an award shall be notified no later than September 1 of the school year after the one for which the performance judged exemplary occurred. Awards shall be made by the State Board of Education to each school board for successful school projects no later than December 1 of the school year after the one for which the performance judged exemplary occurred. The amount of the awards shall be distributed by the State Board of Education according to the number of successful school projects and the level of funding provided by the General Assembly. Each school shall be evaluated against the achievements of goals that school identified in the accepted proposal. No school will be compared to other schools.
(6) The state board shall specify guidelines to ensure the representation of all affected school level constituencies in the award distribution process. These guidelines will ensure that the proceeds may be given to faculty members, building administra tion, and staff as identified in the proposal in the form of bonuses or may be spent for the purpose of providing school employee sabbaticals, for instructional or other equipment, for staff development, or for any other expenditure deemed appropriate by the school building administration, faculty, and staff who were identified within the proposal.
(7) The State Board of Education shall submit a proposal for funding this pay-forperformance program for rewarding group productivity each year with its budget request. Awards made under this program are subject to appropriation by the General Assembly." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 104, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 593. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 16-13-30 of the Official Code of Georgia Anno tated, relating to the possession, manufacture, and distribution of controlled substances or marijuana and penalties related thereto, so as to make it unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years for the purpose of manufacturing, distributing, or dis pensing any controlled substance, counterfeit substance, or marijuana.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the ayes were 96, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 533. By Senators Ragan of the 10th, Newbill of the 56th, Timmons of the llth and others: A bill to amend Code Section 20-2-293 of the Official Code of Georgia Anno tated, relating to a student attending school in a system other than system of student's residence, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a full-time professional or other employee.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 3. The Bill, having received the requisite constitutional majority, was passed.

SB 33. By Senators Kidd of the 25th and Garner of the 30th: A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Anno tated, relating to coroners, so as to require coroners and deputy coroners to take an annual training course approved by the Georgia Coroner's Training Council; to provide that under certain conditions the Georgia Coroner's Training Council may waive such training for a coroner or deputy coroner during any given year.

The following Committee substitute was read:

A BILL To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the qualifications for the office of coroner; to change the num ber of hours of the annual training course for coroners; to provide that under certain con ditions the Georgia Coroner's Training Council may waive such training for a coroner or deputy coroner during any given year; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relat ing to coroners, is amended by striking in its entirety subparagraph (b) (1) (D) of Code Section 45-16-1, relating to the election, commission, and removal of coroners, and insert ing in lieu thereof a new subparagraph (D) to read as follows: "(D) Has attained the age of 25 years prior to the date of qualifying for election the general primary in the year he qualifies for election to the officeT This subparagraph

Section 2. Said chapter is further amended by striking in its entirety Code Section 45-16-6, relating to participation by coroners in a training course, and inserting in lieu thereof a new Code Section 45-16-6 to read as follows:
"45-16-6. During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take the training course of at least 34 16 hours provided by the Georgia Police Academy. Any coroner or deputy coroner en a fee system ef compensation taking the training course required by this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transpor tation costs while traveling by public carrier or the legal mileage rate for the use of a

MONDAY, MARCH 23, 1992

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personal automobile and registration fees for such training course. Such expense allow ance and reimbursements shall be paid by the county governing authority from county funds. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the judge ef th probate court Georgia Coro ner's Training Council."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Lord of the 107th moves to amend the Committee substitute to SB 33 by adding in the title at the end of line 7 on page 1 the following:
"define an additional term under the 'Georgia Death Investigation Act'; to". By adding between lines 20 and 21 on page 2 a new Section 3 to read as follows: "Section 3. Said chapter is further amended by adding at the end of Code Section 45-16-21, relating to definitions under the 'Georgia Death Investigation Act,' a new para graph (16) to read as follows:
'(16) "Unattended death," "died unattended," or "died unattended by a physician" means a death where a person dies of apparently natural causes and has no physician who can certify the death as being due to natural causes. If the suspected cause of death directly involves any trauma or complication of such trauma, the death must be reported to the coroner or county medical examiner. An unattended death also occurs when a person is admitted in an unresponsive state to a hospital and dies within 24 hours of admission.'" By renumbering Section 3 on lines 21 and 22 on page 2 as Section 4.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 97, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The Speaker assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1924. By Representative Carter of the 146th: A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected.
Representative Carter of the 146th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1924 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.

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The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Carter of the 146th, Groover of the 99th and Bostick of the 138th.

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 2172. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to amend an Act creating the board of commissioners of Dade County, so as to change the composition of the commission districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2173. By Representative Jackson of the 9th: A bill to create the Dawson County Board of Commissioners Study Commis sion.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2174. By Representative Padgett of the 86th: A bill to amend an Act creating the Augusta Judicial Circuit, so as to autho rize the governing authority of each county comprising the Augusta Judicial Circuit to receive payment of fines directly from the state probation office without any requirement of deposit of the fines in the office of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2175. By Representative Ray of the 98th: A bill to provide for compensation and expenses of the chairman and mem bers of the Board of Education of Crawford County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2176. By Representative Ray of the 98th: A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to regulate or restrict, and provide for the regulation or restric tion of, the depositing of sludge on public or private property in Crawford County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2177. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to change the manner of selecting the members of the Board of Educa tion of Towns County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2178. By Representatives Smith of the 156th and Fennel of the 155th: A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,'" so as to change the provisions relating to audits.
Referred to the Committee on State Planning & Community Affairs - Local.

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3041

HB 2179. By Representative Byrd of the 153rd: A bill to amend an Act creating the State Court of Toombs County, so as to change the compensation of the judge and solicitor of such court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2180. By Representative Byrd of the 153rd: A bill to amend an Act establishing the State Court of Wayne County, so as to change the compensation of the judge and the solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2181. By Representative Byrd of the 153rd: A bill to provide for the nonpartisan nomination and election of members of the Toombs County Board of Education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2182. By Representative Byrd of the 153rd: A bill to authorize the governing authority of Wayne County to adopt ordi nances and regulations to regulate and control junkyards along certain high ways in Wayne County; for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1672.

By Representatives Coker of the 21st and Aiken of the 21st: A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the compensation of the chairman.

The following Senate substitute was read:

A BILL To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the commissioner districts; to provide for definitions and inclusions; to change the compensation of the chairman; to provide that the chairman shall appoint the heads of the departments of the county; to provide for the duties of the chairman; to provide that the office of county manager may be created by the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by striking subsec tion (a) of Section 2(A) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The commission established in this subsection shall consist of five members of which four members shall be known as commissioners and one member shall be known as chairman. The chairman shall be elected by the voters of the entire county. The other

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four positions of the commission shall be designated as Commissioner District 1, Com missioner District 2, Commissioner District 3, and Commissioner District 4. Only those persons who possess the qualifications set forth hereinafter and who reside within that district, as hereinafter described, shall be eligible to offer for election to Commissioner Districts 1, 2, 3, and 4. Persons offering for Commissioner Districts 1, 2, 3, and 4 shall be elected only by the qualified voters residing within the respective commissioner dis tricts for which such persons offer as candidates."
Section 2. Said Act is further amended by striking subsection (b) of Section 2A in its entirety and inserting in lieu thereof the following:
"(b) The commissioner districts shall be as follows: Commissioner District: 1
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0305.03 Block(s): 208B VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 306, 307B, 308B, 501, 502, 503, 504, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710B, 710C, 711B, 711C, 713, 714, 715, 716, 717B, 718B, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 202C VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 205B VTD: 0049 KENNESAW 1

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VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 VTD: 0061 MARIETTA 5 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.05 Block(s): 205A
Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A
Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 502A, 601, 602, 603, 604
Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0090 RED ROCK VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0305.03 Block(s): 205C, 419B, 419C
VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B VTD: OOC1 OREGON 5 Commissioner District: 2 COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 VTD: 0018 DOBBINS 2 (Part)
Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D
Tract: 0304.04 Block(s): 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B
Tract: 0304.06 Block(s): 401D, 401F, 501D
Tract: 0310.01 Block(s): 910C, 925C
Tract: 0311.08 Block(s): 102H, 102J, 314B, 401D, 401E, 403, 404A, 405A, 406, 407, 408, 409B, 411D
VTD: 0021 EASTSIDE VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0308. Block(s): 206B

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VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905
VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 901A, 919A
Tract: 0304.02 Block(s): 601A, 604A, 615A
Tract: 0304.04 Block(s): 301A, 302
Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803
VTD: 0063 MARIETTA 7 VTD: 0067 MT. BETHEL 1 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 107B, 116E, 130B, 136B, 137B, 139B
VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.07 Block(s): 201B, 202B, 203A, 203F, 203G, 203H, 203J, 206B, 217, 226B, 227, 306C, 309B, 323B
VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 (Part)
Tract: 0311.07 Block(s): 204B, 204C, 205C, 205D, 205E, 205F, 207B, 303, 304, 305, 306E, 307B, 317C, 318B, 318C, 321B, 322, 324, 326
Tract: 0312.02 Block(s): 401, 402, 437B, 438F, 439B, 601C, 602, 603B, 604, 605C, 606, 607B, 608C, 608D, 609B, 612B, 612C, 613B, 613D, 613E, 613F, 650
VTD: 0079 PARKAIRE VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B
Tract: 0304.02 Block(s): 122, 127
VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 (Part)
Tract: 0310.01 Block(s): 210, 216C, 216D, 228B

MONDAY, MARCH 23, 1992

3045

Tract: 0310.02 Block(s): 120A
Tract: 0310.03 Block(s): 110A, 112A
Tract: 0311.01 Block(s): 101A, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121A, 122A, 302, 303, 311, 312, 313, 314, 315
Tract: 0311.05 Block(s): 101, 102
Tract: 0311.08 Block(s): 303A, 304, 308, 310A, 319
VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3 Commissioner District: 3 COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0010 BISHOP LAKE VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0023 ELIZABETH 2 (Part)
Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 309, 310, 311, 409, 601B
VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301
VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306, 401, 402B, 404, 405, 406B
VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part)
Tract: 0304.01 Block(s): 907B, 908, 920B, 920C
VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01

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Block(s): 906A, 907A, 920A, 920D Tract: 0305.03
Block(s): 302A, 402A, 403, 406A, 501A, 502B, 503A VTD: 0068 MT. BETHEL 2 VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 203, 204, 205, 206, 207, 208, 920E
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
VTD: OOB3 CRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10 VTD: OOB7 GRITTERS 9 Commissioner District: 4 COBB COUNTY VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0018 DOBBINS 2 (Part)
Tract: 0304.04 Block(s): 101E
Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401E
Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B
Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B
Tract: 0311.08 Block(s): 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 316, 317, 318, 320B, 321B, 322, 404B, 405C
VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 VTD: 0056 MACLAND VTD: 0057 MARIETTA 1 VTD: 0070 MT. HARMONY

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VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 105B, 112, 116D, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130C, 132, 135C, 136C, 601, 602, 603, 604, 615, 620, 621, 623, 624, 625 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422
VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.05 Block(s): 113, 114, 131, 134, 139C, 605, 606, 607, 608, 609B, 610, 611, 612, 613, 614, 616, 617, 618, 619, 622, 627 Tract: 0311.06 Block(s): 412 Tract: 0311.07 Block(s): 315B, 401B, 402, 403, 409A, 409C, 409D, 410, 416B, 417, 418B, 421B
VTD: 0074 OAKDALE 2 (Part) Tract: 0311.07 Biock(s): 306D Tract: 0312.02 Block(s): 320, 321, 322, 323, 324B, 326, 328, 331B, 613C
VTD: 0076 OREGON 2 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA1 SMYRNA 6 (Part)
Tract: 0310.03 Block(s): 113A
VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOC2 BIRNEY 2 For purposes of this subsection: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control; (4) Any part of Cobb County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contig uous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Cobb County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."

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Section 3. Said Act is further amended by striking subsection (c) of Section 2A in its entirety and inserting in lieu thereof the following:
"(c) Each person offering for Commissioner Districts 1, 2, 3, and 4 shall be a resident of the district created by this section which he or she offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such elec tion."
Section 4. Said Act is further amended by striking Section 8 and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Compensation. Commissioners, other than the chairman, shall be paid as their entire compensation for services as same the sum of $19,000.00 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation the sum of $85,000.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which said chairman or any commissioner shall be entitled. The chairman and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following:
(1) Mileage reimbursement for the use of a personal automobile while conducting county business; and
(2) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or county business conducted outside of Cobb County. Expenses may be reimbursed only after the submission of receipts for said expenses to the county comptroller and the approval by majority vote of the commission at a reg ularly scheduled meeting. The chairman and commissioners shall be entitled to compen sation for serving on any other boards or authorities for which their membership is provided by law. On and after January 1, 1991, any increase in the compensation of a commissioner or the chairman which was in effect on the date the commissioner or chairman assumed the duties of office shall not be applicable to or payable to such commissioner or chair man until that person has served two years of that term of office." Section 5. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows: "Section 10. (a) The chairman shall be the chairman of the board of commissioners of the county, shall preside over meetings of the commission, shall appoint the vice chairman of the commission on an annual basis, shall appoint the committee chairmen, and shall appoint the heads of the departments of the county government with the con sent of the commissioners. (b) The chairman shall be the administrative head of the county government. He shall be responsible to the board of commissioners for the proper and efficient adminis tration of all affairs of the county, except as otherwise provided by resolution of the board of commissioners or except as otherwise provided by law. It shall be the duty of the chairman to:
(1) See that all laws and ordinances of the county are enforced; (2) Exercise control over all departments or divisions of the county which the board or chairman of the board has heretofore exercised or that may hereafter be cre ated, except as otherwise provided in this Act; (3) Keep the board of commissioners fully advised as to the financial condition and needs of the county; (4) Be responsible for the supervision and direction of the official conduct of all board appointed county officers and department heads, except as may be otherwise provided in this Act; (5) Be responsible for the supervision of the performance of all contracts made by any person for work done for Cobb County and to supervise and regulate all purchases of materials and supplies for Cobb County within such limitations and under such rules and regulations as may be imposed by the board of commissioners, provided that

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the chairman is authorized to make purchases and contracts for the county in amounts not exceeding $2,500.00;
(6) Confer and advise with all other elected or appointed officials of Cobb County who are not under the immediate control of the board of commissioners but who receive financial support from said board; and
(7) Devote his entire time to the duties and affairs of his office and hold no other office or employment for remuneration while so engaged." Section 6. Said Act is further amended by striking subsections (a), (b), and (c) of Section 10B in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) The board of commissioners, by resolution, may create the office of county man ager of Cobb County who shall be appointed by the chairman with the consent of the commissioners. The qualifications, term of office, duties and responsibilities, compensa tion, procedure for removal or suspension, method of filling vacancies, and other related matters pertaining to the office of county manager shall be provided for by resolution of the board of commissioners of Cobb County and upon approval by the chairman. (b) In his or her discretion, the chairman of the board of commissioners of Cobb County, with the approval of the commission, may select a person for the office of county manager solely upon the person's executive and administrative qualifications with specific reference to actual experience in or knowledge of accepted practices in respect to the duties of the office. In his or her discretion, the chairman of the board of commissioners may require any person appointed to the office of county manager to hold a bachelor's degree in business administration, accounting, finance, or related fields and possess at least three years' experience as a county or city manager or as an assist ant county or city manager; or the chairman of the board of commissioners may require any person appointed to the office of county manager to hold a master's degree in any of the aforementioned fields and possess at least two years' experience as a county or city manager or as an assistant county or city manager." Section 7. Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof the following: "Section 13. Appointment of county officials and employees, (a) The chairman shall have authority to appoint and fix the compensation of the appointive officers and employees of Cobb County subject to the following limitations and requirements:
(1) The person appointed as an officer or employee shall have the qualifications that the office or position calls for when so specified in this Act;
(2) The compensation fixed by the chairman, subject to approval or rejection by a majority of the board of commissioners in each and every case, shall be within bud getary provisions;
(3) All appointments shall be in accordance with the civil service merit system laws of Cobb County, which may now be in force or which may be adopted, when such laws are applicable to such appointments; and
(4) The county attorney and county physician shall be appointed by the board of commissioners, and their compensation shall be fixed by the board of commissioners. (b) The commission, by majority vote, which majority may be the chairman and any two members or may be any three members of the commission, may remove from office or employment any department head of Cobb County, provided the removal of such department head is not otherwise provided for by the civil service merit system laws of Cobb County which may now be in force or which may be adopted. At any time, the chairman may discharge a department head; any department head so discharged may appeal for just cause to the board of commissioners. The board of commissioners may, by majority vote, which majority may be the chairman and any two members of the commission or may be any three members of the commission, grant or reject any appeal for just cause. Failure to grant an appeal shall constitute discharge of the department head. (c) The provisions of subsections (a) and (b) of this section shall not be construed to apply to members of boards and commissions, and positions of employment in con nection therewith, when such boards and commissions were created by law, nor to the

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elective county officers of Cobb County and employees under their supervision and con trol.
(d) It is specifically provided that the elective county officers of Cobb County shall have the sole authority to appoint the personnel employed within their respective offices, subject to the civil service and merit system laws of Cobb County, which may now be in force or which may be adopted, when applicable to such personnel, but the commission, by majority vote, which majority may be the chairman and any two mem bers or may be any three members of the commission, shall have the authority to approve or reject the salary recommended for each such employee."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Vaughan of the 20th, et al., was read and adopted:

A BILL To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the provisions relat ing to districts for the election of commissioners; to provide for commissioner districts; to provide for definitions and insertions; to provide for the qualifications of the commission ers; to provide for the compensation of the commissioners and the chairman; to provide that the chairman shall appoint the county manager and the heads of the departments of the county government with the consent of a majority of the county commissioners; to pro vide for submission of this Act to the United States Attorney General; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by striking subsec tion (a) of Section 2(A) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The commission shall consist of five members of which four members shall be known as part-time commissioners and one member shall be known as chairman. The chairman shall be elected by the voters of the entire county. The other four positions of the commission shall be designated as Commissioner District 1, Commissioner District 2. Commissioner District 3, and Commissioner District 4. Only those persons who pos sess the qualifications set forth hereinafter and who reside within that district, as here inafter described, shall be eligible to offer for election to Commissioner Districts 1, 2, 3. and 4. Persons offering for Commissioner Districts 1, 2, 3, and 4 shall be elected only by the qualified voters residing within the respective commissioner districts for which such persons offer as candidates." Section 2. Said Act is further amended by striking subsection (b) of Section 2A in its entirety and inserting in lieu thereof the following: "(b) The commissioner districts shall be as follows: Commissioner District: 1
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0305.03

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Block(s): 208B VXD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 VTD: 0023 ELIZABETH 2 (Part)
Tract: 0305.01 Block(s): 306, 307B, 308B, 501, 502, 503, 504, 601C, 601D, 602F, 602G, 602H, 602J, 602K, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710B, 710C, 711B, 711C, 713, 714, 715, 716, 717B, 718B, 819
VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 202C
VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302C, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 411B, 411C, 411D, 412B, 413B
VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A
VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.05 Block(s): 205B
VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 VTD: 0061 MARIETTA 5 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.05 Block(s): 205A
Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A
Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 502A, 601, 602, 603, 604
Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2

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VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0090 RED ROCK VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0305.03 Block(s): 205C, 419B, 419C
VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B VTD: OOC1 OREGON 5
Commissioner District: 2
COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0017 DOBBINS 1 VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 401D, 401F, 501D Tract: 0310.01 Block(s): 910C, 925C Tract: 0311.08 Block(s): 102H, 102J, 314B, 401D, 401E, 403, 404A, 405A, 406, 407, 408, 409B, 411D VTD: 0021 EASTSIDE VTD: 0032 FAIR OAKS 6 (Part) Tract: 0308. Block(s): 206B VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 301, "302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 919A Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.04 Block(s): 301A, 302 Tract: 0304.05

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3053

Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803
VTD: 0063 MARIETTA 7 VTD: 0067 MT. BETHEL 1 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 107B, 116E, 130B, 136B, 137B, 139B
VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.07 Block(s): 201B, 202B, 203A, 203F, 203G, 203H, 203J, 206B, 217, 226B, 227, 306C, 309B, 323B
VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 (Part)
Tract: 0311.07 Block(s): 204B, 204C, 205C, 205D, 205E, 205F, 207B, 303, 304, 305, 306E, 307B, 317C, 318B, 318C, 321B, 322, 324, 326
Tract: 0312.02 Block(s): 401, 402, 437B, 438F, 439B, 601C, 602, 603B, 604, 605C, 606, 607B, 608C, 608D, 609B, 612B, 612C, 613B, 613D, 613E, 613F, 650
VTD: 0079 PARKAIRE VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B
Tract: 0304.02 Block(s): 122, 127
VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOAl SMYRNA 6 (Part)
Tract: 0310.01 Block(s): 210, 216C, 216D, 228B
Tract: 0310.02 Block(s): 120A
Tract: 0310.03 Block(s): 110A, 112A
Tract: 0311.01 Block(s): 101A, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121A, 122A, 302, 303, 311, 312, 313, 314, 315
Tract: 0311.05 Block(s): 101, 102
Tract: 0311.08 Block(s): 303A, 304, 308, 310A, 319
VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3

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Commissioner District: 3 COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0010 BISHOP LAKE VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0019 DODGEN VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 309, 310, 311, 409, 601B VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302D, 303, 304, 305, 306, 401, 402B, 404, 405, 406B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4 VTD: 0043 GRITTERS 5 VTD: 0044 GRITTERS 6 VTD: 0045 GRITTERS 7 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 906A, 907A, 920A, 920D Tract: 0305.03 Block(s): 302A, 402A, 403, 406A, 501A, 502B, 503A VTD: 0068 MT. BETHEL 2 VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0304.01 Block(s): 203, 204, 205, 206, 207, 208, 920E Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 206, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508 VTD: OOB3 GRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10

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3055

VTD: OOB7 CRITTERS 9 Commissioner District: 4
COBB COUNTY VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0018 DOBBINS 2 (Part) Tract: 0304.04 Block(s): 101E Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401E Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B Tract: 0311.08 Block(s): 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 316, 317, 318, 320B, 321B, 322, 404B, 405C VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 VTD: 0056 MACLAND VTD: 0057 MARIETTA 1 VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 105B, 112, 116D, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130C, 132, 135C, 136C, 601, 602, 603, 604, 615, 620, 621, 623, 624, 625 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422 VTD: 0072 NORTON PARK 2 (Part) Tract: 0311.05 Block(s): 113, 114, 131, 134, 139C, 605, 606, 607, 608, 609B, 610, 611, 612, 613, 614, 616, 617, 618, 619, 622, 627 Tract: 0311.06 Block(s): 412 Tract: 0311.07 Block(s): 315B, 401B, 402, 403, 409A, 409C, 409D, 410, 416B, 417, 418B, 421B VTD: 0074 OAKDALE 2 (Part) Tract: 0311.07

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Block(s): 306D Tract: 0312.02
Block(s): 320, 321, 322, 323, 324B, 326, 328, 331B, 613C VTD: 0076 OREGON 2 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA1 SMYRNA 6 (Part)
Tract: 0310.03 Block(s): 113A
VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOC2 BIRNEY 2 For purposes of this subsection: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control; (4) Any part of Cobb County which is not included in any commissioner district described in this subsection shall be included within that commissioner district contig uous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Cobb County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia." Section 3. Said Act is further amended by striking subsection (c) of Section 2A in its entirety and inserting in lieu thereof the following: "(c) Each person offering for Commissioner Districts 1, 2, 3, and 4 shall be a resident of the district created by this section which he or she offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such elec tion." Section 4. Said Act is further amended by striking paragraph (C) of Section 2 in its entirety and inserting in lieu thereof the following: "(C) Qualifications of Commission Members. Members of the commission, other than the chairman, shall be citizens of this state who have attained the age of 25 years and who have been residents of their respective district for not less than one year preceding their qualifying date and shall hold no other elective public office." Section 5. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: "Section 3. Election and Term of Commissioners and Chairman, (a) The persons serving from Commissioner Posts 2 and 4 under the law in effect immediately prior to the effective date of this section shall serve the remainder of their respective terms which shall expire December 31, 1992, and until their respective successors are duly elected and qualified. Their respective successors who are first elected from the new

MONDAY, MARCH 23, 1992

3057

Commissioner Districts 2 and 4, as constituted under subsection (a) of Section 2(A) of this Act, shall be elected at the general election of 1992 and take office the first day of January, 1993, to serve for terms of four years each and until their respective succes sors are duly elected and qualified.
(b) The persons serving from Commissioner Posts 1 and 3 under the law in effect immediately prior to the effective date of this section shall serve the remainder of their respective terms which shall expire December 31, 1994, and until their respective succes sors are duly elected and qualified. Their respective successors who are first elected from the new Commissioner Districts 1 and 3, as constituted under subsection (a) of Section 2(A) of this Act, shall be elected at the general election of 1994 and take office the first day of January, 1995, to serve for terms of four years each and until their respective successors are duly elected and qualified. Any person elected in a special election pursu ant to Section 5 of this Act to fill the unexpired term of either Commissioner Post 1 or 3 after the effective date of this Act shall serve the remainder of that term until December 31, 1994.
(c) The person serving as chairman on January 1, 1992, shall serve for the remainder of his term as chairman, which term shall expire December 31, 1992, and until that person's successor is duly elected and qualified pursuant to subsection (d) of this sec tion.
(d) After the initial terms of commissioners specified in subsections (a) and (b) of this section and after the expiration of the term of the chairman under subsection (c) of this section, successors to commission members and the chairman whose terms are to expire shall be elected at the general election immediately preceding the expiration of those terms and take office the first day of January following their election, to serve for terms of four years each and until their respective successors are duly elected and quali fied.
(e) Neither the chairman nor any commissioner shall be qualified to offer for election to any commissioner district other than the one in which he is serving without first resigning from the commissioner district in which he or she at that time is serving."
Section 6. Said Act is further amended by striking Section 8 and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Compensation, (a) Commissioners, other than the chairman, shall be paid as their entire compensation for services as same the sum of $19,000.00 per annum, pay able monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation the sum of $34,000.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which said chairman or any commissioner shall be entitled. The chairman and the commission ers may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following:
(1) Mileage reimbursement for the use of a personal automobile while conducting county business;
(2) Secretarial services, if required, over and above the services normally provided by the county; and
(3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or official county business conducted outside of Cobb County, (b) Expenses may be reimbursed only after the submission of receipts for said expenses to the county comptroller and the approval by majority vote of the commission at a regularly scheduled meeting. The chairman and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law." Section 7. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows: "Section 10. The chairman shall be the chairman of the board of commissioners of the county, shall preside over meetings of the commission, shall appoint the vice-chairman

3058

JOURNAL OF THE HOUSE,

of the commission on an annual basis, shall appoint the committee chairmen, and shall appoint the heads of the departments of the county government from a list provided by the county manager and with the consent of a majority of the commission members and chairman."
Section 8. Said Act is further amended by striking subsections (a) and (b) of Section 10B in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) There is created the office of county manager of Cobb County who shall be appointed by the chairman with the consent of the commissioners. The qualifications, term of office, compensation, procedure for removal or suspension, method of filling vacancies, and other related matters pertaining to the office of county manager shall be provided for by resolution of the board of commissioners of Cobb County.
(b) In his or her discretion, the chairman of the board of commissioners of Cobb County may select a person for the office of county manager solely upon the person's executive and administrative qualifications with specific reference to actual experience in or knowledge of accepted practices in respect to the duties of the office. In his or her discretion, the chairman of the board of commissioners may require any person appointed to the office of county manager to hold a bachelor's degree in business admin istration, accounting, finance, or related fields and possess at least five years' experience as a county or city manager or as an assistant county or city manager; or the chairman of the board of commissioners may require any person appointed to the office of county manager to hold a master's degree in any of the aforementioned fields and possess at least three years' experience as a county or city manager or as an assistant county or city manager."
Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Cobb County to submit this Act to the United States Attorney General for approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Vaughan of the 20th moved that the House agree to the Senate substi tute, as substituted by the House, to HB 1672.
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 fol lowing Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 256. By Senators Langford of the 35th and Walker of the 43rd: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions with regard to labor and industrial rela tions, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities off the premises of the employer during nonworking hours; to provide for liability of the employer.

The following amendment was read:

Representative Ladd of the 44th moves to amend SB 256 as follows:

MONDAY, MARCH 23, 1992

3059

Delete Section 3. Renumber remaining sections accordingly.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett,M N Bates Y Beatty N Benefield N Birdsong N Blitch Y Bordeaux N Bostick N Branch Y Breedlove Y Brooks N Brown Y Brush YBuck Y Buckner NByrd Y Campbell N Canty Y Carrell N Carter Y Cauthorn Y Chafin
Chambless Y Cheeks N Childers

Y Clark.E Clark.L
N Coker N Coleman Y Colwell N Connell Y Culbreth N Cummings.B N Cummings,M Y Davis.D N Davis.G Y Davis.M N Dixon.H Y Dixon.S YDobbs Y Dover Y Dunn N Edwards Y Elliott Y Felton N Fennel Y Floyd.J.M
Floyd,J.W Y Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin Y Groover Y Hamilton Y Hammond N Manner N Harris.B Y Harris,J

Y Heard Y Henson Y Herbert N Holland N Holmes
Howard N Hudson N Irwin Y Jackson
Jamieson N Jenkins Y Jones N Kilgore NKing Y Kingston Y Klein Y Ladd N Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson N Lee N Long N Lord N Lucas Y Mann Y Martin N McBee N McCoy N McKelvey N McKinney.B
McKinney.C N Meadows N Merritt Y Milam

N Mills N Mobley N Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr N Orrock N Padgett Y Parham N Parrish N Patten N Pelote N Perry
Pettit Y Pinholster N Pinkston YPoag Y Porter Y Poston
Powell.A N Powell.C Y Presley Y Purcell E Randall NRay N Reaves
Redding Y Ricketson N Royal
Selman Y Sherrill N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 76, nays 87. The amendment was lost.

N Skipper Y Smith.L Y Smith.P N Smith.T Y Smith, W N Smyre N Snow Y Stancil.F Y Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas,M N Thomas.N N Thurmond Y Titus Y Tolbert Y Townsend N Turnquest
Twiggs Valenti Y Vaughan Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B Williams.J Y Williams.R N Yeargin Murphy,Spkr

Representative McKinney of the 40th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representative Ladd of the 44th moves to amend SB 256 as follows: Pg. 7 line 17 strike the words "to refuse to hire any individual or". Pg. 7 lines 21 & 22 insert the word "tobacco" between "lawful" and "products". Pg. 8 line 2 insert the word "tobacco" between "lawful" and "products". Pg. 8 line 10 insert the word "tobacco" between "lawful" and "products".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken

Y Alford Y Ashe Y Atkins

N Baker N Balkcom N Barfoot

N Bargeron N Barnett.B N Barnett.M

N Bates Y Beatty N Benefield

3060

JOURNAL OF THE HOUSE,

N Birdsong Y Blitch Y Bordeaux N Bostick N Branch Y Breedlove Y Brooks N Brown Y Brush Y Buck Y Buckner N Byrd Y Campbell N Canty Y Carrell Y Carter Y Cauthorn Y Chafin N Chambless Y Cheeks Y Childers Y Clark.E
Clark.L N Coker N Coleman Y Colwell N Connell Y Culbreth N Cummings.B N Cummings.M
Davis.D N Davis.G N Davis.M

N Dixon.H N Dixon.S Y Dobbs N Dover Y Dunn N Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M
Floyd,J.W Y Flynt N Godbee N Golden Y Goodwin E Green N Greene Y Griffin Y Groover N Hamilton Y Hammond N Hanner N Harris.B Y Harris,J Y Heard Y Henson Y Herbert N Holland N Holmes
Howard N Hudson Y Irwin N Jackson

Jamieson Y Jenkins Y Jones N Kilgore NKing Y Kingston Y Klein YLadd N Lane.D Y Lane.R
Langford Y Lawrence Y Lawson NLee N Long NLord N Lucas N Mann N Martin Y McBee Y McCoy Y McKelvey N McKinney.B
McKinney.C N Meadows N Merritt Y Milam N Mills Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller

N Oliver.C Y Oliver.M YOrr N Orrock N Padgett N Parham N Parrish N Patten Y Pelote Y Perry N Pettit Y Pinholster N Pinkston YPoag Y Porter Y Poston
Powell.A N Powell.C Y Presley Y Purcell E Randall N Ray N Reaves
Redding Y Ricketson N Royal
Selman Y Sherrill N Simpson N Sinkfield Y Skipper N Smith.L Y Smith.P

On the adoption of the amendment, the ayes were 80, nays 84. The amendment was lost.

N Smith.T Y Smith.W N Smyre YSnow Y Stancil.F Y Stancil.S N Stanley N Streat N Taylor Y Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus Y Tolbert Y Townsend N Turnquest Y Twiggs N Valenti Y Vaughan
Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams.J Y Williams.R N Yeargin
Murphy.Spkr

The following amendment was read:
Representative Ladd of the 44th moves to amend SB 256 as follows: Pg. 7 lines 21 and 22 insert the word "tobacco" between "lawful" and "products". Pg. 8 lines 2 and 10 insert the word "tobacco" between "lawful" and "products".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates
Y Beatty N Benefield N Birdsong Y Blitch Y Bordeaux N Bostick N Branch N Breedlove Y Brooks N Brown

N Brush YBuck Y Buckner NByrd Y Campbell Y Canty N Carrell Y Carter
Y Cauthorn Y Chafin N Chambless
Y Cheeks Y Childera Y Clark.E
Clark.L N Coker N Coleman Y Colwell N Connell Y Culbreth N Cummings.B N Cummings.M N Davis.D

N Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs N Dover Y Dunn
N Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Flynt N Godbee N Golden Y Goodwin E Green N Greene Y Griffin Y Groover Y Hamilton Y Hammond

N Hanner N Harris.B Y Harris,J Y Heard Y Henson Y Herbert N Holland N Holmes
Howard N Hudson
Irwin N Jackson
Jamieson Y Jenkins Y Jones N Kilgore N King Y Kingston Y Klein YLadd N Lane.D Y Lane.R
Langford

Y Lawrence Y Lawson NLee N Long N Lord N Lucas YMann N Martin Y McBee N McCoy
Y McKelvey N McKinney.B
McKinney.C N Meadows N Merritt Y Milam Y Mills N Mobley N Moody Y Morsberger Y Moultrie Y Mueller
N Oliver.C

MONDAY, MARCH 23, 1992

3061

Y Oliver.M YOrr N Orrock N Padgett N Parham N Parrish N Patten Y Pelote Y Perry N Pettit Y Pinholster Y Pinkston Y Poag

Y Porter N Poston
Powell,A N Powell.C Y Presley Y Purcell E Randall N Ray N Reaves
Redding Y Ricketson N Royal N Selman

Y Sherrill N Simpson N Sinkfield N Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W N Smyre YSnow Y Stancil.F Y Stancil.S N Stanley

N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti

On the adoption of the amendment, the ayes were 79, nays 86. The amendment was lost.

Y Vaughan Walker.J
N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams.J N Williams.R N Yeargin
Murphy ,Spkr

The following amendment was read:

Representatives Jackson of the 9th and Walker of the 115th move to amend SB 256 as follows:
Changing Section (2) on line 29 thru 33, page 5 to read as follows: "(2) Located on such premises in an area that is in plain view and in control of a responsible employee when such employee is in the vicinity and is not otherwise occu pied."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker N Balkcom N Barfoot Y Bargeron Y Barnett.B N Barnett.M N Bates Y Beatty N Benefield Y Birdsong Y Blitch Y Bordeaux N Bostick N Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner NByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin N Chambless Y Cheeks N Childers

Y Clark.E Y Clark.L N Coker Y Coleman Y Colwell Y Connell Y Culbreth N Cummings.B N Cummings.M N Davis.D N Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn N Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene Y Griffin Y Groover Y Hamilton N Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson N Herbert N Holland Y Holmes
Howard N Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore N King Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson NLee N Long NLord N Lucas YMann N Martin Y McBee Y McCoy N McKelvey Y McKinney.B N McKinney.C N Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger N Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr N Orrock N Padgett Y Parham Y Parrish N Patten Y Pelote Y Perry Y Pettit Y Pinholster N Pinkston YPoag Y Porter Y Poston
Powell.A N Powell.C N Presley Y Purcell E Randall N Ray N Reaves
Redding Y Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 104, nays 62.

Y Skipper Y Smith.L N Smith.P N Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S N Stanley N Streat Y Taylor Y Teper N Thomas.C N Thomas.M
Thomas.N Y Thurmond N Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan
Walker,J Y Walker.L N Wall N Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R N Yeargin
Murphy .Spkr

3062

JOURNAL OF THE HOUSE,

The amendment was adopted.

The following amendment was read:

Representative Irwin of the 57th moves to amend SB 256 as follows: By striking Section 3 (b) on page 7 in its entirety and replacing it as follows: 34-1-4 (b) Any employee or agent of such employee who violates subsection (a) of this Code section shall be liable to the injured individual or employee for reinstatement and back pay only.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins N Baker N Balkcom Y Barfoot Y Bargeron N Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux N Bostick N Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner N Byrd Y Campbell N Canty Y Carrell Y Carter Y Cauthorn Y Chafin
Chambless Y Cheeks N Childers

Y Clark.E Clark.L
N Coker Coleman
Y Colwell N Connell Y Culbreth N Cummings,B Y Cummings.M N Davis.D
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn N Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W Y Flynt N Godbee Y Golden Y Goodwin E Green N Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes
Howard N Hudson Y Irwin Y Jackson
Jamieson N Jenkins Y Jones N Kilgore NKing Y Kingston Y Klein Y Ladd N Lane.D Y Lane.R
Langford Y Lawrence Y Lawson N Lee N Long N Lord N Lucas YMann Y Martin N McBee N McCov N McKelvey N McKinney.B
McKinney.C N Meadows N Merritt Y Milam

Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr N Orrock N Padgett Y Parham Y Parrish N Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston
Powell.A N Powell.C Y Presley Y Purcell E Randall NRay N Reaves
Redding Y Ricketson N Royal Y Selman Y Sherrill N Simpson N Sinkfield

Y Skipper Y Smith.L Y Smith,? N Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S N Stanley N Streat Y Taylor N Teper Y Thomas.C N Thomas.M N Thomas,N N Thurmond Y Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan
Walker.J Y Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams.J Y Williams.R N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 104, nays 57. The amendment was adopted.

The following amendment was read:

Representative Clark of the 20th moves to amend SB 256 as follows: By adding on Page 7, line 27, after "damages." the following: "However, any employee failing to prove liability of the employer shall pay all of the employer's actual expenses, including attorneys fees, incurred defending such employees claim."

MONDAY, MARCH 23, 1992

3063

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken N Alford Y Ashe Y Atkins N Baker N Balkcom Y Barfoot N Bargeron N Barnett.B N Barnett.M
Y Bates Y Beatty N Benefield N Birdsong Y Blitch Y Bordeaux N Bostick N Branch Y Breedlove
N Brooks N Brown Y Brush
Buck N Buckner N Byrd Y Campbell N Canty N Carrell Y Carter N Cauthorn Y Chafin N Chambless Y Cheeks N Childers

Y Clark.E N Clark.L N Coker N Coleman Y Colwell Y Connell Y Culbreth N Cummings.B N Cummings.M N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S Y Dobbs Y Dover Y Dunn N Edwards N Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd.J.W N Flynt Y Godbee N Golden Y Goodwin E Green N Greene Y Griffin Y Groover Y Hamilton N Hammond N Manner N Harris.B Y Harris,J

Y Heard N Henson Y Herbert N Holland N Holmes
Howard N Hudson N Jrwin N Jackson
Jamieson Y Jenkins Y Jones N Kilgore NKing Y Kingston Y Klein YLadd N Lane.D Y Lane.R
Langford N Lawrence Y Lawson NLee N Long N Lord N Lucas Y Mann N Martin Y McBee N McCoy N McKelvey N McKinney.B N McKinney.C N Meadows Y Merritt Y Milam

N Mills Y Mobley N Moody Y Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M N Orr N Orrock N Padgett Y Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston
YPoag Y Porter N Poston
Powell.A N Powell.C Y Presley Y Purcell E Randall N Ray N Reaves
Redding Y Ricketson N Royal Y Selman N Sherrill Y Simpson N Sinkfield

N Skipper Y Smith.L Y Smith.P N Smith.T Y Smith.W
Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas, M N Thomas.N Y Thurmond Y Titus N Tolbert N Townsend Y Turnquest Y Twiggs N Valenti Y Vaughan
Walker.J N Walker.L N Wall N Watson N Watts N White N Wilder
Y Williams.B Williams.J
N Williams.R Yeargin Murphy .Spkr

On the adoption of the amendment, the ayes were 68, nays 98. The amendment was lost.

The following amendment was read:

Representative Clark of the 20th moves to amend SB 256 as follows: Page 1, line 22, delete the word "lawful" and insert in lieu thereof the word "tobacco".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins N Baker N Balkcom Y Barfoot Y Bargeron N Barnett.B N Barnett.M Y Bates Y Beatty N Benefield N Birdsong Y Blitch

Y Bordeaux N Bostick N Branch
N Breedlove N Brooks N Brown Y Brush Y Buck
Y Buckner N Byrd Y Campbell N Canty N Carrell N Carter Y Cauthorn Y Chafin N Chambless

Y Cheeks Y Childers
Y Clark.E N Clark.L N Coker N Coleman Y Colwell N Connell Y Culbreth N Cummings.B N Cummings.M Y Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S Y Dobbs

N Dover N Dunn
N Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W N Flynt Y Godbee N Golden Y Goodwin E Green N Greene Y Griffin Y Groover Y Hamilton

N Hammond N Manner N Harris.B Y Harris,J
Y Heard Y Henson
Y Herbert N Holland N Holmes
Howard N Hudson Y Irwin N Jackson
Jamieson Y Jenkins Y Jones N Kilgore

3064

JOURNAL OF THE HOUSE,

NKing Y Kingston Y Klein YLadd N Lane.D Y Lane.R
Langford Y Lawrence N Lawson NLee N Long NLord N Lucas YMann N Martin Y McBee N McCoy Y McKelvey N McKinney.B

N McKinney.C N Meadows N Merritt Y Milam N Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr N Orrock N Padgett N Parham N Parrish N Patten Y Pelote

Y Perry N Pettit Y Pinholster N Pinkston YPoag Y Porter
N Poston Powell.A
N Powell.C Y Presley Y Purcell E Randall NRay N Reaves
Redding Y Ricketson N Royal N Selman Y Sherrill

N Simpson N Sinkfield Y Skipper Y Smith.L Y Smith.P N Smith.T Y Smith.W
Smyre N Snow Y Stancil.F Y Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond

N Titus Y Tolbert N Townsend
Turnquest Y Twiggs N Valenti Y Vaughan
Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams,.] Y Williams.R N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 78, nays 89. The amendment was lost.

The following amendment was read:

Representative Clark of the 20th moves to amend SB 256 as follows: Page 5, beginning on line 29, delete lines 29 through 33.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams Y Aiken Y Alford Y Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick N Branch N Breedlove N Brooks N Brown N Brush Y Buck Y Buckner N Byrd Y Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks N Childers

Y Clark.E N Clark.L N Coker N Coleman N Colwell N Connell Y Culbreth N Cummings.B N Cummings.M N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene Y Griffin N Groover Y Hamilton N Hammond N Hanner N Harris.B Y Harris.J

Y Heard N Henson N Herbert N Holland N Holmes
Howard N Hudson Y Irwin N Jackson
Jamieson N Jenkins Y Jones N Kilgore N King N Kingston Y Klein Y Ladd N Lane.D N Lane.R
Langford N Lawrence N Lawson N Lee N Long N Lord N Lucas Y Mann N Martin N McBee N McCoy N McKelvey
McKinney.B McKinney.C N Meadows N Merritt N Milam

N Mills N Mobley
Moody Y Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M N Orr N Orrock
N Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston YPoag N Porter N Poston
Powell.A
N Powell.C Y Presley Y Purcell E Randall NRay N Reaves
Redding Y Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 41, nays 124.

N Skipper Y Smith, L Y Smith.P N Smith.T Y Smith.W
Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus N Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan
Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams.J N Williams.R N Yeargin
Murphy.Spkr

MONDAY, MARCH 23, 1992

3065

The amendment was lost.

The following amendment was read:

Representative Clark of the 20th moves to amend SB 256 as follows: Page 7, delete lines 24 through 27.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ahernathy N Adams Y Aiken N Alford Y Ashe Y Atkins N Baker N Balkcom Y Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick N Branch N Breedlove N Brooks N Brown Y Brush YBuck N Buckner NByrd Y Campbell N Canty N Carrell N Carter Y Cauthorn N Chafin N Chambless Y Cheeks N Childers

Y Clark.E N Clark.L N Coker N Coleman N Colwell N Connell Y Culbreth N Cummings,B N Cummings.M N Davis.D N Davis.G Y Davis,M N Dixon.H N Dixon.S Y Dobbs N Dover N Dunn N Edwards N Elliott
Felton Y Fennel Y Floyd.J.M
Floyd,J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene Y Griffin N Groover Y Hamilton Y Hammond N Hanner N Harris.B Y Harris.J

N Heard Y Henson
Herbert N Holland N Holmes
Howard N Hudson N Irwin N Jackson
Jamieson N Jenkins N Jones N Kilgore N King N Kingston Y Klein YLadd N Lane.D Y Lane.R
Langford N Lawrence N Lawson N Lee N Long NLord N Lucas YMann N Martin
McBee N McCoy N McKelvey N McKinney.B N McKinney.C N Meadows N Merritt N Milam

N Mills N Mobley N Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M NOrr N Orrock N Padgett N Parham N Parrish N Patten N Pelote N Perry N Pettit Y Pinholster N Pinkston YPoag Y Porter N Poston
Powell.A N Powell.C N Presley Y Purcell E Randall NRay N Reaves
Redding N Ricketson N Royal N Selman Y Sherrill N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 43, nays 123. The amendment was lost.

N Skipper Y Smith.L Y Smith.P N Smith.T Y Smith.W N Smyre N Snow Y Stancil.F N Stancil.S N Stanley N Streat Y Taylor N Teper N Thomas.C N Thomas,M N Thomas.N N Thurmond N Titus N Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan
Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams.J N Williams.R N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Buckner of the 72nd moves to amend SB 256 as follows: Page 3 lines 19 & 20 beginning after "(B) Purchase any cigarettes or tobacco related objects for any minor" Delete: "unless the minor for whom the purchase is made is the child of purchaser;

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

3066

JOURNAL OF THE HOUSE,

N Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch Y Bordeaux N Bostick N Branch Y Breedlove Y Brooks N Brown N Brush Y Buck Y Buckner N Byrd Y Campbell N Canty Y Carrell N Carter Y Cauthorn Y Chafin N Chamhless Y Cheeks N Childers

Y Clark.E N Clark.L N Coker N Coleman N Colwell N Connell Y Culbreth N Cummings.B N Cummings.M N Davis.D N Davis.G Y Davis.M N Dixon.H N Dixon.S Y Dobbs N Dover N Dunn Y Edwards N Elliott Y Felton Y Fennel
Floyd,J.M Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin N Groover Y Hamilton Y Hammond N Hanner Y Harris.B Y Harris.J

N Heard Y Henson Y Herbert N Holland Y Holmes
Howard N Hudson Y Irwin Y Jackson
Jamieson Y Jenkins N Jones N Kilgore NKing N Kingston Y Klein YLadd Y Lane.D N Lane.R
Langford N Lawrence N Lawson N Lee N Long N Lord N Lucas N Mann Y Martin Y McBee N McCoy N McKelvey N McKinney.B
McKinney,C N Meadows Y Merritt
Milam

N Mills Y Mobley N Moody Y Morsberger Y Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock N Padgett N Parham N Parrish N Patten Y Pelote Y Perry N Pettit Y Pinholster N Pinkston YPoag Y Porter Y Poston
Powell.A N Powell.C Y Presley
Purcell N Randall YRay N Reaves
Redding Y Ricketson N Royal Y Selman Y Sherrill Y Simpson N Sinkfield

On the adoption of the amendment, the ayes were 70, nays 96. The amendment was lost.

N Skipper Y Smith.L Y Smith,? N Smith.T Y Smith.W N Smyre N Snow N Stancil.F N Stancil.S N Stanley N Streat Y Taylor Y Teper Y Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan
Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams.J N Williams.R N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Hamilton of the 124th moves to amend SB 256 by adding in the title on line 5 of page 1 between the word "as" and the word "to" the following:
"to prohibit smoking in public places;". By adding between lines 8 and 9 on page 2 the following: "Section 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by striking in its entirety sub section (a) of Code Section 16-12-2, relating to smoking in public places, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) A person who smokes tobacco in any form t any ef the following public places on any public property or in any buildings or facilities open to the general public shall be guilty of a misdemeanor. ;
\T7 An enclosed elevfltor wnicn ts used oy or open to t/ne puoiic find wnicri ts clearly designated by a no-amoking sign;
(2) Any place en a public transportation vehicle which 4s used fey the public and which is clearly designated fey a no-smoking sign; er
\o/ Any ore 8 wtiicn is used oy open to tfte puoiic find wnicn ts ciCQriy noted fey a no-smoking sign.'" By striking from line 9 of page 2 the following:

MONDAY, MARCH 23, 1992

3067

"Section 1", and inserting in lieu thereof the following:
"Section 1.1".
The following amendment was read and adopted:
Representative Hamilton of the 124th moves to amend the Hamilton amendment to SB 256 as follows:
Line 16 & 17 delete on any public property.
On the adoption of the Hamilton amendment, as amended, the roll call was ordered and the vote was as follows:

Abernathy N Adams Y Aiken N Alford N Ashe Y Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett.M N Bates N Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick N Branch N Breedlove Y Brooks Y Brown N Brush N Buck N Buckner NByrd N Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless
Cheeks N Childers

N Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B N Cummings.M N Davis.D N Davis.G N Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Elliott N Felton N Fennel N FIoyd.J.M
Floyd.J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin N Groover Y Hamilton N Hammond N Manner N Harris.B N Harris.J

N Heard N Henson N Herbert N Holland N Holmes N Howard N Hudson N Irwin N Jackson
Jamieson N Jenkins N Jones N Kilgore N King N Kingston N Klein Y Ladd Y Lane.D N Lane.R
Langford N Lawrence Y Lawson NLee N Long NLord N Lucas N Mann N Martin N McBee N McCoy N McKelvey N McKinney.B N McKinney.C N Meadows Y Merritt N Milam

N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M NOrr N Orrock N Padgett N Parham N Parrish N Patten N Pelote N Perry N Pettit Y Pinholster N Pinkston N Poag Y Porter N Poaton
Powell.A N Powell.C Y Presley N Purcell N Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield

N Skipper N Smith.L N Smith.P N Smith.T N Smith, W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Streat N Taylor Y Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus Y Tolbert N Townsend N Turnquest N Twiggs N Valenti N Vaughan N Walker,J N Walker.L N Wall N Watson N Watts N White N Wilder Y Williams.B
Williams.J N Williams.R N Yeargin
Murphy.Spkr

On the adoption of the amendment, as amended, the ayes were 17, nays 153. The amendment, as amended, was lost.

An amendment, offered by Representative Hamilton of the 124th, was ruled out of order.

Representative Reaves of the 147th moved that the House reconsider its action in adoptiong the Jackson amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy N Adams N Aiken

N Alford N Ashe N Atkins

N Baker Y Balkcom N Barfoot

N Bargeron N Barnett.B Y Barnett,M

N Bates N Beatty Y Benefield

3068

JOURNAL OF THE HOUSE,

N Birdsong N Blitch N Bordeaux N Bostick Y Branch N Breedlove N Brooks N Brown N Brush N Buck N Buckner YByrd N Campbell Y Canty N Carrell Y Carter N Cauthorn N Chafin Y Chambless N Cheeks Y Childers N Clark.E N Clark.L Y Coker N Coieman N Colwell N Connell N Culbreth Y Cummings.B N Cummings.M N Davis.D Y Davis.G N Davis.M

Y Dixon.H N Dixon.S Y Dobbs Y Dover N Dunn Y Edwards N Elliott N Felton N Fennel N Floyd.J.M
Floyd.J.W N Flynt Y Godbee Y Golden N Goodwin E Green Y Greene N Griffin N Groover N Hamilton N Hammond N Hanner N Harris.B N Harris,J N Heard N Henson N Herbert Y Holland N Holmes N Howard Y Hudson N Irwin N Jackson

Jamieson N Jenkins N Jones Y Kilgore YKing Y Kingston N Klein NLadd N Lane.D N Lane.R
Langford N Lawrence N Lawson YLee YLong YLord Y Lucas NMann N Martin N McBee N McCoy Y McKelvey Y McKinney.B N McKinney.C Y Meadows N Merritt N Milam N Mills N Mobley N Moody N Morsberger Y Moultrie Y Mueller

Y Oliver.C N Oliver.M NOrr N Orrock N Padgett N Parham N Parrish Y Patten N Pelote N Perry N Pettit N Pinholster Y Pinkston N Poag N Porter N Poston
Powell.A Y Powell.C N Presley N Purcell Y Randall N Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman N Sherrill N Simpson Y Sinkfield
N Skipper N Smith.L Y Smith.P

Y Smith.T N Smith.W
Smyre N Snow N Stancil.F N Stancil.S Y Stanley Y Streat N Taylor N Teper N Thomas.C Y Thomas.M Y Thomas.N N Thurmond Y Titus N Tolbert Y Townsend N Turnquest N Twiggs N Valenti N Vaughan Y Walker.J Y Walker.L Y Wall Y Watson N Watts N White N Wilder N Williams.B
Williams.J N Williams.R Y Yeargin
Murphy,Spkr

On the motion, the ayes were 56, nays 115. The motion was lost.

Representative Ladd of the 44th moved that the House reconsider its action in failing to adopt the Ladd amendment #3.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins N Baker
N Balkcom N Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong Y Blitch Y Bordeaux N Bostick N Branch Y Breedlove N Brooks
Brown Y Brush Y Buck Y Buckner
N Byrd Y Campbell N Canty N Carrell N Carter Y Cauthorn

Y Chafin N Chambless Y Cheeks Y Childers
Y Clark.E Clark.L
N Coker N Coieman Y Colwell N Connell Y Culbreth N Cummings.B N Cummings.M Y Davis.D N Davis.G N Davis.M
Y Dixon.H N Dixon.S Y Dobbs N Dover Y Dunn N Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin E Green

N Greene
Y Griffin Y Groover Y Hamilton Y Hammond N Hanner N Harris.B Y Harris,J Y Heard Y Henson
Y Herbert N Holland N Holmes
N Howard N Hudson
Y Irwin N Jackson
Jamieson Y Jenkins Y Jones N Kilgore N King Y Kingston Y Klein YLadd N Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson NLee N Long

N Lord N Lucas Y Mann N Martin
N McBee N McCoy Y McKelvey N McKinney.B Y McKinney.C N Meadows N Merritt Y Milam N Mills N Mobley
N Moody Y Morsberger Y Moultrie
Y Mueller N Oliver.C Y Oliver.M YOrr N Orrock N Padgett N Parham N Parrish N Patten Y Pelote Y Perry N Pettit Y Pinholster N Pinkston YPoag

Y Porter Y Poston
Powell.A N Powell.C
Y Presley Y Purcell N Randall N Ray N Reaves
Redding Y Ricketson N Royal Y Selman Y Sherrill N Simpson N Sinkfield
N Skipper Y Smith.L Y Smith.P N Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S N Stanley N Streat Y Taylor Y Teper N Thomas.C N Thomas.M N Thomas.N

MONDAY, MARCH 23, 1992

3069

N Thurmond N Titus Y Tolbert N Townsend

N Turnquest Y Twiggs N Valenti Y Vaughan

N Walker.J N Walker.L N Wall N Watson

N Watts N White Y Wilder Y Williams.B

Williams.J Y Williams.R N Yeargin
Murphy ,Spkr

On the motion, the ayes were 84, nays 87. The motion was lost.

Representative Clark of the 20th moved that the House reconsider its action in failing to adopt the Clark amendment #1.
On the motion, the roll call was ordered and the vote was as follows:

N Abernathy Y Adams Y Aiken N Alford Y Ashe Y Atkins N Baker N Balkcom Y Barfoot N Bargeron N Barnett.B N Barnett.M Y Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick N Branch Y Breedlove N Brooks N Brown Y Brush
Buck N Buckner NByrd Y Campbell N Canty N Carrell N Carter N Cauthorn Y Chafin N Chambless Y Cheeks N Childers

Y Clark.E Clark.L
N Coker N Coleman Y Colwell Y Connell Y Culbreth N Cummings.B N Cummings.M N Davis.D N Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs N Dover Y Dunn N Edwards Y Elliott Y Felton N Fennel Y Floyd.J.M N Floyd,J.W N Flynt N Godbee N Golden Y Goodwin E Green N Greene Y Griffin N Groover Y Hamilton N Hammond N Hanner N Harris.B Y Harris.J

Y Heard N Henson Y Herbert Y Holland N Holmes N Howard N Hudson N Irwin N Jackson
Jamieson N Jenkins Y Jones N Kilgore NKing Y Kingston Y Klein YLadd N Lane.D Y Lane.R Y Langford Y Lawrence N Lawson NLee N Long
Lord N Lucas YMann N Martin Y McBee N McCoy N McKelvey N McKinney.B N McKinney.C N Meadows Y Merritt Y Milam

N Mills N Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M NOrr N Orrock N Padgett N Parham N Parrish N Patten Y Pelote Y Perry N Pettit Y Pinholster N Pinkston YPoag Y Porter N Poston
Powell.A N Powell.C Y Presley Y Purcell N Randall NRay N Reaves
Redding Y Ricketson N Royal Y Selman N Sherrill N Simpson N Sinkfield

N Skipper Y Smith.L Y Smith.P N Smith.T Y Smith.W N Smyre N Snow Y Stancil.F Y Stancil.S N Stanley N Streat Y Taylor Y Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond N Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan N Walker.J N Walker.L N Wall N Watson N Watts N White Y Wilder Y Williams.B
Williams.J Y Williams.R N Yeargin
Murphy.Spkr

On the motion, the ayes were 68, nays 103. The motion was lost.

The following amendment was read:

Representative Hamilton of the 124th moves to amend SB 256 as follows:
By striking on page 1 line 21 the words "refuse to hire" and by striking on page 7 line 17 the words "refuse to hire" and by striking the words on line 18 page 7 "any indi vidual or to".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abernathy N Adams N Aiken

N Alford N Ashe N Atkins

N Baker N Balkcom Y Barfoot

N Bargeron N Barnett.B N Barnett.M

N Bates N Beatty N Benefield

3070

JOURNAL OF THE HOUSE,

N Birdsong N Blitch Y Bordeaux N Bostick N Branch Y Breedlove N Brooks N Brown N Brush
Buck N Buckner NByrd Y Campbell N Canty N Carrell N Carter N Cauthorn N Chafin N Chambless Y Cheeks Y Childers Y Clark.E N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings.B N Cummings.M N Davis.D N Davis.G N Davis.M

N Dixon.H N Dixon.S Y Dobbs Y Dover N Dunn N Edwards N Elliott N Felton N Fennel N Floyd,J.M N Floyd,J.W Y Flynt N Godbee N Golden Y Goodwin E Green N Greene N Griffin N Groover Y Hamilton Y Hammond N Manner N Harris.B N Harris.J
Heard Y Henson Y Herbert N Holland N Holmes
Howard N Hudson N Irwin N Jackson

Jamieson N Jenkins N Jones N Kilgore N King N Kingston Y Klein YLadd Y Lane.D N Lane.R
Langford N Lawrence N Lawson NLee N Long
Lord N Lucas N Mann N Martin N McBee N McCoy Y McKelvey N McKinney.B N McKinney.C N Meadows N Merritt N Milam N Mills N Moblev N Moody Y Morsberger N Moultrie N Mueller

N Oliver.C Y Oliver.M Y Orr N Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston N Poag Y Porter N Poston
Powell.A N Powell.C N Presley N Purcell N Randall N Ray N Reaves
Redding N Ricketson N Royal N Selman Y Sherrill N Simpson N Sinkfield N Skipper Y Smith.L N Smith.P

N Smith.T Y Smith.W N Smyre N Snow N Stancil.F Y Stancil,S N Stanley N Streat Y Taylor Y Teper N Thomas.C N Thomas,M N Thomas.N N Thurmond N Titus Y Tolbert N Townsend N Turnquest N Twiggs N Valenti N Vaughan N Walker,J N Walker.L N Wall N Watson N Watts N White N Wilder Y Williams.B
Williams.J Williams.R N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 33, nays 135. The amendment was lost.

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 Abernathy N Adams N Aiken N Alford N Ashe N Atkins Y Baker Y Balkcom N Barfoot Y Bargeron Y Barnett.B Y Barnett.M N Bates N Beatty Y Benefield N Birdsong Y Blitch N Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Brush N Buck N Buckner YByrd N Campbell Y Canty N Carrell

Y Carter N Cauthorn N Chafin Y Chambless N Cheeks Y Childers N Clark.E N Clark.L Y Coker Y Coleman N Colwell Y Connell N Culbreth Y Cummings.B Y Cummings,M N Davis.D Y Davis.G N Davis.M Y Dixon.H N Dixon.S N Dobbs Y Dover N Dunn Y Edwards N Elliott N Felton N Fennel N Floyd,J.M Y Floyd.J.W N Flynt

Y Godbee Y Golden N Goodwin E Green Y Greene N Griffin N Groover N Hamilton N Hammond Y Hanner N Harris.B N Harris.J N Heard N Henson N Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin N Jackson
Jamieson Y Jenkins N Jones Y Kilgore YKing N Kingston N Klein NLadd N Lane.D

N Lane.R Langford
N Lawrence N Lawson Y Lee Y Long N Lord Y Lucas N Mann N Martin N McBee Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt N Milam Y Mills N Mobley
Moody N Morsberger N Moultrie N Mueller Y Oliver.C N Oliver.M NOrr Y Orrock Y Padgett Y Parham

Y Parrish Y Patten N Pelote Y Perry N Pettit N Pinholster N Pinkston NPoag N Porter N Poston
Powell.A
Y Powell.C N Presley N Purcell Y Randall YRay Y Reaves
Redding N Ricketson Y Royal Y Selman N Sherrill Y Simpson Y Sinkfield
N Skipper N Smith.L N Smith.P Y Smith.T N Smith.W N Smyre

MONDAY, MARCH 23, 1992

3071

Y Snow N Stancil.F N Stancil.S Y Stanley Y Streat N Taylor

N Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus

N Tolbert N Townsend Y Turnquest N Twiggs Y Valenti N Vaughan

Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White

N Wilder N Williams.B
Williams.J N Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 82, nays 90. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Reaves of the 147th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SB 256.

Representative Dover of the llth gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 672.

SB 166. By Senators Taylor of the 12th, Gillis of the 20th, Timmons of the llth and others: A bill to amend Code Section 47-2-121 of the Official Code of Georgia Anno tated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that when a spouse who is a designated beneficiary predeceases the retired member, the retirement allowance of the retired member shall be increased to the maximum allow ance; to provide that a new spouse may be designated a beneficiary.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin

Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.D Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin

Y Groover Y Hamilton
Hammond Hanner Y Harris.B Y Harris,,) Y Heard Y Henson Y Herbert Y Holland Y Holmes Howard Y Hudson Y Irwin Y Jackson Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Langford Y Lawrence Y Lawson YLee YLong Lord Y Lucas Y Mann

Martin Y McBee
McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C

Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest

3072

JOURNAL OF THE HOUSE,

Y Twiggs Y Valenti Y Vaughan

Y Walker,J Y Walker.L Y Wall

Y Watson Y Watts Y White

Wilder Y Williams.B
Williams.J

Williams.R 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.

SB 319. By Senator Albert of the 23rd: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide that the state revenue commissioner may authorize the distribution or sale of distilled spirits, malt beverages, and wine by food caterers in connection with the food catering business only; to define certain terms; to provide for the issuance of alcoholic beverage licenses to food caterers who are eligible therefor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy N Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates N Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks
Brown N Brush YBuck Y Buckner N Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless
Cheeks Y Childers

Y Clark.E N Clark.L Y Coker Y Coleman N Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D
Davis.G N Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn
Edwards Elliott Felton Y Fennel Y Floyd.J.M Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris,J

N Heard Y Henson Y Herbert Y Holland Y Holmes
Howard Hudson Y Irwin Y Jackson Jamieson Y Jenkins N Jones Y Kilgore YKing Y Kingston Y Klein Y Ladd N Lane.D Y Lane.R Langford Y Lawrence Y Lawson YLee YLong Lord Y Lucas YMann Y Martin Y McBee Y McCoy N McKelvey McKinney.B Y McKinney.C Meadows Y Merritt Y Milam

Y Mills Y Mobley N Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M NOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C N Presley Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Smith,L Smith.P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson
Watts Y White Y Wilder N Williams.B
Williams.J Y Williams.R N Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 130, nays 17. The Bill, having received the requisite constitutional majority, was passed.

Representative Thomas of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

MONDAY, MARCH 23, 1992

3073

SB 507. By Senators Bishop of the 15th and Foster of the 50th: A bill to amend Code Section 20-2-150 of the Official Code of Georgia Anno tated, relating to eligibility for enrollment, so as to require the social security number of any student enrolled in a public school; to require each local unit of administration to establish and implement a plan for notifying the public of the information requirement prior to the beginning of each school year; to provide for waiving this requirement.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks N Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M N Davis.D Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee YLong YLord Y Lucas N Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C
Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote N Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 154, nays 5. The Bill, having received the requisite constitutional majority, was passed.

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.

Due to mechanical malfunction, the vote of Representative Brush of the 83rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 586. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth: A bill to amend an Act approved March 16, 1971, and an Act approved April 16, 1979, 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.

3074

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL To amend an Act approved March 16, 1971 (Ga. L. 1971, p. 2082) and an Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the Metropolitan Atlanta Rapid Transit System, so as to provide that the Metropolitan Atlanta Rapid Transit Authority will be eligible to receive certain funds; to repeal provisions prohibiting appropriations by the State of Georgia to the Met ropolitan Atlanta Rapid Transit Authority and certain legislative statements of intent; to provide that certain funds for the Metropolitan Atlanta Rapid Transit Authority shall be disbursed through the Department of Transportation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act approved March 16, 1971 (Ga. L. 1971, p. 2082), relating to the Metropolitan Atlanta Rapid Transit Authority and the Metropolitan Atlanta Rapid Tran sit System, is amended by striking Section 2 thereof which reads as follows: "Section 2. State Appropriations. After the tax herein authorized becomes effective as in section 1 provided, the State of Georgia shall not appropriate any funds to the Metro politan Atlanta Rapid Transit Authority. This provision shall not prevent the State from contracting with said Authority for services, nor from granting to said Authority ease ments, rights of way and leasehold interests in and through State property.", and inserting in its place a new Section 2 to read as follows: "Section 2. State and federal appropriations, (a) Any funds of the State of Georgia that are appropriated for the Metropolitan Atlanta Rapid Transit Authority, and any federal funds granted to the state and allocated to the Metropolitan Atlanta Rapid Transit Authority, shall be disbursed through the Georgia Department of Transporta tion, unless otherwise provided by law. (b) Subsection (a) of this section shall not apply with respect to funds of any politi cal subdivision of the State of Georgia appropriated for the Metropolitan Atlanta Rapid Transit Authority. Subsection (a) of this section shall not apply with respect to federal funds granted: (1) directly to the Metropolitan Atlanta Rapid Transit Authority, includ ing but not limited to fixed guideway construction grants, fixed guideway modernization grants, and federal operating assistance grants from the Federal Transit Administration; or (2) to any governmental or quasi-governmental body other than the state and allo cated to the Metropolitan Atlanta Rapid Transit Authority." Section 2. An Act approved April 16, 1979 (Ga. L. 1979, p. 4634), relating to the Metropolitan Atlanta Rapid Transit Authority and the Metropolitan Atlanta Rapid Tran sit System, is amended by repealing Section 1A thereof which reads as follows: "Section 1A. It is the intent of the General Assembly that federal or State funds allo cated to the Transportation Department of Georgia for highway construction shall not be used for the construction or operation of the Metropolitan Atlanta Rapid Transit System." Section 3. The Metropolitan Atlanta Rapid Transit Authority shall be eligible to receive funds from the State of Georgia or its several departments. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Alford of the 57th moves to amend the Committee substitute to HB 586 by adding on line 12 of page 1 after the semicolon and before the word "to" the fol lowing:

MONDAY, MARCH 23, 1992

3075

"to provide for intent;". By adding on line 5 of page 3 after the word "departments" the following: "; provided, however, it is the intent of the General Assembly that state funds shall not be used to subsidize the operating costs of the Metropolitan Atlanta Rapid Transit System".
The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner
Harris,B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee YLong YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts N White Y Wilder Y Williams.B
Williams.J Y Williams.R 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 substi tute, as amended.

SR 443. By Senators Deal of the 49th, Foster of the 50th, Johnson of the 47th and others: A resolution creating the Joint Study Commission on Revenue Structure.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

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JOURNAL OF THE HOUSE,

Y Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y" Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner Y Bvrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Harnmond
Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, the ayes were 168, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SR 380. By Senator Gillis of the 20th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Toombs 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 fol lows:

Y Abernathy Y Adams Y Aiken
Alford Y Ashe Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux

Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards

Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein YLadd Y Lane.D

MONDAY, MARCH 23, 1992

3077

Y Lane.R Langford
Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster

Y Pinkston Y Poag
Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus

Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 168, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SR 358. By Senator Foster of the 50th: A resolution designating the "Historic U.S. 19 and Ga. 60 Business 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 fol lows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

On the adoption of the Resolution, the ayes were 167, nays 0.

Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

3078

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite constitutional majority, was adopted.

Representative Poston of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 461. By Senator Kidd of the 25th: A bill to amend Part 1 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions concerning Georgia Military College, so as to change the provisions relating to the composition of the Board of Trustees of the Georgia Military College; to change the pro visions relating to terms 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 Abernathy Y Adams Y Aiken Y Alford
Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt N Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 164, nays 1. The Bill, having received the requisite constitutional majority, was

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R
Yeargin Murphy,Spkr

SB 122. By Senator Ragan of the 10th: A bill to amend Code Section 47-17-44 of the Official Code of Georgia Anno tated, relating to the payment of dues under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to time limits for the purchase of certain creditable service; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal.

MONDAY, MARCH 23, 1992

3079

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams
Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark,E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong Y Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 Dobbs of the 74th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 586.

SR 381. By Senator Timmons of the llth: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, across, or through property owned by the State of Georgia in Stewart County, Geor gia; to provide an effective date.

The following Committee substitute was read and adopted:

A RESOLUTION Authorizing the grant of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through property owned

3080

JOURNAL OF THE HOUSE,

by the State of Georgia in Stewart County, Georgia; authorizing the exchange between the State of Georgia and J. C. Howell of certain real property and property rights located in Berrien County, Georgia; authorizing the investigation and disposition of a claim by B. J. Wetherington to certain, disputed state owned real property located in Lowndes County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain real property located in Land Lots 7, 25, and 26 of the 23rd District of Stewart County, Georgia, which is in the custody of and utilized by the Department of Natural Resources; (2) Oglethorpe Power Corporation is refurbishing and expanding its electrical trans mission network in portions of Stewart County and elsewhere; (3) A portion of this cable must pass through the above-described state owned prop erty and would be beneficial to the public's interest; (4) The Board of the Department of Natural Resources by resolution dated June 26, 1991, approved the granting of this easement to Oglethorpe Power Corporation for the above-described purpose; and (5) A three-year revocable license has been granted to Oglethorpe Power Corporation by the State Properties Commission for the above-described purpose; and WHEREAS: (1) The State of Georgia is the record owner of a certain parcel of real property located in Berrien County, Georgia, on which is located the Patrick's Lake Public Fishing Area, managed by the Department of Natural Resources; (2) The said real property was conveyed to the State of Georgia by Bennett Ryner Patrick and Robert W. Patrick, Jr., by warranty and quitclaim deeds dated August 2, 1989, recorded in Deed Book 195, pages 221-227, and Deed Book 195, page 220, in the real property records of the clerk of the Superior Court of Berrien County, Georgia, and in the real property inventory of the State Properties Commission as Deed Record 7840; (3) J. C. Howell is the owner of certain property adjacent to the property obtained by the State of Georgia in the conveyances just previously identified and may retain cer tain fishing and irrigation rights in the property now owned by the State of Georgia; (4) The Department of Natural Resources has determined that it is in the best inter est of the State of Georgia and in the management of the Patrick's Lake Public Fishing Area to exchange certain properties with J. C. Howell; and (5) The Department of Natural Resources has determined that the exchange should be of approximately 0.615 acres of land owned by the State of Georgia and shown as Tracts 1A, 2B, and 5A on that certain plat entitled "Preliminary Survey for State of Geor gia, Georgia Department of Natural Resources, Patrick's Lake P.F.A." dated February 3, 1992, and prepared by Hampton & Associates Surveying Co., Inc., Tifton, Georgia, and specifically Derrell Hampton, Registered Professional Land Surveyor No. 2161, for approx imately 0.437 acres of land owned by J. C. Howell and shown as Tracts 2A, 4A, and 5B on the aforementioned plat, as well as relinquishment of certain fishing and irrigation rights by J. C. Howell; and WHEREAS: (1) The State of Georgia is the record owner of a certain parcel of real property located in Lowndes County, Georgia; (2) The said real property was conveyed to the State of Georgia by Kathryn Blanton Coleman by general warranty deed dated August 10, 1989, recorded in Deed Book 708, pages 188-190, in the real property records of the clerk of the Superior Court of Lowndes County, Georgia, and in the real property inventory of the State Properties Commission as Deed Record 7862; (3) The said real property was described in said deed by reference to a certain plat of survey prepared by Frank E. Carlton, Georgia Registered Land Surveyor No. 1544, dated June 3, 1989, recorded in Plat Book 34, pages 8-9, in the real property records of the clerk of the Superior Court of Lowndes County, Georgia, and in the real property inventory of the State Properties Commission as Deed Record 7862;

MONDAY, MARCH 23, 1992

3081

(4) A portion of said real property, lying in Land Lot 192 of the llth Land District of Lowndes County, is claimed by B. J. Wetherington, who asserts ownership as owner of adjacent land by deed recorded in Deed Book 254, page 175, in the real property records of the clerk of the Superior Court of Lowndes County, Georgia, or other indicia of title;
(5) The said property is under the custody and management of the Georgia Depart ment of Natural Resources and is operated as Grand Bay Wildlife Management Area; and
(6) Mrs. Coleman has made offers of settlement to the State of Georgia, which would require acknowledgement of Mr. Wetherington's claim and release to him of disputed land.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement area," and that, in all matters relat ing to the easement area, the State of Georgia is acting by and through its State Proper ties Commission. (b) That the State of Georgia, acting by and through its State Properties Commis sion, may grant to Oglethorpe Power Corporation, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical trans mission lines in, on, over, under, upon, across, or through the easement area for the pur pose of constructing, erecting, operating, maintaining, repairing, and replacing electrical transmission lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 7, 25, and 26 of the 23rd District of Stewart County, Georgia, as shown outlined in red on a drawing entitled Exhibit "A" on file in the offices of the State Properties Commission and will be more particularly described on a plat of survey prepared by Oglethorpe Power Corporation and presented to the State Properties Commission for approval. (c) That the above-described premises shall be used solely for the purpose of plan ning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines. (d) That Oglethorpe Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably nec essary for the proper construction, operation, and maintenance of said electrical transmis sion lines. (e) That, after Oglethorpe Power Corporation has put into use the electrical trans mission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Oglethorpe Power Corporation, its successors and assigns, shall have the option of remov ing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns. (f) That no title shall be conveyed to Oglethorpe Power Corporation, and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Oglethorpe Power Corporation. (g) That if the State of Georgia, acting by and through its State Properties Commis sion, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Oglethorpe Power Corporation shall remove or relocate its facilities at its sole cost and expense. (h) That the easement granted to Oglethorpe Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Com mission is authorized to use a more accurate description of the easement area, so long as

3082

JOURNAL OF THE HOUSE,

the description utilized by the State Properties Commission describes the same easement area herein granted.
(i) That the consideration for such easement shall be for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
(j) That this grant of easement shall be recorded by the grantee in the Superior Court of Stewart County and a recorded copy shall be forwarded to the State Properties Commission.
(k) That the authorization in this resolution to grant the above-described easement to Oglethorpe Power Corporation shall expire three years after the date that this resolu tion becomes effective.
(1) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II Section 2. (a) That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. (b) That the Department of Natural Resources and the State Properties Commission shall investigate the exchange of property between the State of Georgia and J. C. Howell regarding the above-described real property; and, if the State Properties Commission determines that the exchange is in the best interest of the State of Georgia, the State Properties Commission shall be authorized to acquiesce in or compromise such exchange by conveyance by appropriate instrument and by such other transactions and proceedings as it shall determine appropriate. (c) That the authorization in this resolution to convey the above-described disputed real property to J. C. Howell shall expire three years after the date that this resolution becomes effective. (d) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. (e) That any deed of conveyance shall be recorded by the grantee in the Superior Court of Berrien County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE III Section 3. (a) That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. (b) That the Department of Natural Resources and State Properties Commission shall investigate the claim of B. J. Wetherington and the settlement proposed by Kathryn Blanton Coleman regarding the above-described real property in dispute; and, if the State Properties Commission determines that Mr. Wetherington's claim is valid or has merit, the State Properties Commission shall be authorized to acquiesce in or compromise such claim by conveyance by appropriate instrument and by such other transactions, claims, and pro ceedings as it shall determine appropriate. (c) That the authorization in this resolution to convey the above-described disputed real property to B. J. Wetherington shall expire three years after the date that this resolu tion becomes effective. (d) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. (e) That any deed of conveyance shall be recorded by the grantee in the Superior Court of Lowndes County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE IV Section 4. That this resolution shall become effective upon its approval by the Gov ernor or upon its becoming law without such approval.

MONDAY, MARCH 23, 1992

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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 roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y' Barnett,M Y Bates Y* Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell N Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas YMann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y' Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper 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 Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 169, nays 1. The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative Carter of the 146th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 546. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and others: A bill to amend Code Section 47-10-40 of the Official Code of Georgia Anno tated, relating to membership in the Trial Judges and Solicitors Retirement Fund, so as to provide that the governing authority of a county may supple ment the benefit of a superior court judge who is receiving benefits under such fund.

The following Committee substitute was read and adopted:

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A BILL To amend Article 6 of Chapter 10 of Title 47 of the Official Code of Georgia Anno tated, relating to retirement allowances under the Trial Judges and Solicitors Retirement Fund, so as to provide that the governing authority of a county may supplement the bene fit of a superior court judge or a state court judge who is receiving benefits under such fund under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 10 of Title 47 of the Official Code of Georgia Anno tated, relating to retirement allowances under the Trial Judges and Solicitors Retirement Fund, is amended by inserting at the end thereof the following: "47-10-108. (a) Whenever any county within a judicial circuit supplements the state salary paid to active superior court judges of said circuit, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pur suant to this chapter to any former superior court judge of said circuit who is receiving benefits pursuant to this chapter or to supplement the benefit being paid pursuant to this chapter to any beneficiary of any such former superior court judge. The county sup plement to any such benefit may not exceed the percentage which the respective county salary supplement paid to active superior court judges of the circuit bears to the state salary of active superior court judges. (b) Whenever any county which has a state court supplements the salary prescribed by local law for the judges of such court, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pursuant to this chapter to any former state court judge of such court who is receiving benefits pursuant to this chapter or supplement the benefit being paid pursuant to this chapter to any beneficiary of any such former state court judge. The county supplement to any such benefit may not exceed the percentage which the respective county salary supplement paid to active state court judges of such court bears to the salary prescribed by local law for such active state court judges." 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 Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom N Barfoot Y Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Brush Y Buck

Y Buckner Byrd
Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.L Y Coker Y Coleman N Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G N Davis.M N Dixon.H Y Dixon.S

N Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt N Godbee N Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner N Harris,B Y Harris.J Y Heard Y Henson Y Herbert

Y Holland Y Holmes Y Howard Y Hudson N Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Langford Y Lawrence N Lawson Y Lee Y Long
Lord N Lucas Y Mann Y Martin

Y McBee Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit

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3085

Y Pinholster Y Pinkston N Poag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall Y Ray

Reaves Redding Y Ricketson Y Royal Y Selman N Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P

Y Smith.T Y Smith.W Y Smyre Y Snow N Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C

Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert N Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan Y Walker,,!

Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 145, nays 22. The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 474. By Senator Deal of the 49th: A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the provisions relating to operating, navigating, steering, driving, or control ling of vessels, water skis, aquaplanes, surfboards, or similar devices while under the influence of alcohol or drugs, or both; to change the provisions relating to blood and other chemical tests; to provide for the liability of the owner of such vessel.

The following Committee substitute was read and adopted:

A BILL To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Anno tated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to prohibit the carriage of fire extinguishers which are not fully charged; to define certain terms; to require certain persons to wear personal flotation devices; to restrict the renting or leasing of certain vessels to persons under 16 years of age; to restrict the hours of operation of certain vessels; to require certain safety devices on certain ves sels; to provide for responsibility of persons who own or are in charge of certain vessels; to provide for a maximum speed for certain vessels in certain circumstances; to provide that a person under 16 years of age may not operate certain vessels; to provide for excep tions; to change the provisions relating to operating, navigating, steering, driving, or con trolling of vessels, water skis, aquaplanes, surfboards, or similar devices while under the influence of alcohol or drugs, or both; to change the provisions relating to blood and other chemical tests; to provide for the liability of the owner of such vessel; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Anno tated, relating to general provisions relative to the registration, operation, and sale of watercraft, is amended by inserting at the end of subsection (e) of Code Section 52-7-8, relating to the classification of vessels and equipment required on vessels, a new paragraph (5) to read as follows: "(5) The carriage of any United States Coast Guard approved hand portable fire extinguisher or any fixed fire extinguishing system which is not fully charged shall be prohibited." Section 2. Said article is further amended by inserting immediately following Code Section 52-7-8.1 the following: "52-7-8.2. (a) As used in this Code section, the term:

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(1) 'Class A Vessel' means a boat less than 16 feet in length. (2) 'Personal watercraft' means a Class A vessel which:
(A) Has an outboard motor or which has an inboard motor which uses an inter nal combustion engine powering a water jet pump as its primary source of motive propulsion;
(B) Is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel; and
(C) Has the probability that the operator and passenger may, in the normal course of use, fall overboard. Such term includes, without limitation, any vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propul sion is a propeller, and any vessels commonly known as a 'jet ski.' (b) No person shall operate or give permission to operate personal watercraft on the waters of this state unless each person aboard such personal watercraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each such personal flotation device must be properly fastened, in good and serviceable condition, and the proper size for the person wearing it. (c) No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 16 years. (d) No person shall operate a personal watercraft on the waters of this state between the hours from one-half hour after sunset to one-half hour before sunrise. (e) No person shall operate a personal watercraft on the waters of this state unless such personal watercraft is equipped with a self-circling device or a lanyard-type engine cutoff switch. (f) No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator. (g) No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in any way that would prohibit the selfcircling device from operating in its intended manner. (h) It shall be unlawful for any person who owns a personal watercraft or who has charge over or control of a personal watercraft to authorize or knowingly to permit such personal watercraft to be operated in violation of this Code section. (i) The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19. (j) No person shall operate a personal watercraft on the waters of this state in excess of five miles per hour within 100 feet of any moored or anchored vessel, shore, wharf, dock, pier, piling, bridge structure or abutment, or a person in the water. (k) No person under the age of 16 shall operate a personal watercraft on the waters of this state, except that persons 12 to 16 years of age may operate a personal watercraft if a person 18 years of age or older is aboard the vessel." Section 3. Said article is further amended by striking Code Section 52-7-12, which reads as follows: "52-7-12. (a) No person shall operate, navigate, steer, or drive any vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any mov ing water skis, moving aquaplane, moving surfboard, or similar moving device while: (1) Under the influence of alcohol; (2) Under the influence of any drug to a degree which renders him incapable of operating safely; (3) Under the combined influence of alcohol and any drug to a degree which ren ders him incapable of operating safely; or (4) There is 0.12 percent or more by weight of alcohol in his blood, (b) The fact that any person charged with violating this Code section is or has been otherwise entitled to use a drug shall not constitute a defense against any charge of vio lating this Code section.

MONDAY, MARCH 23, 1992

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(c) Upon trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating or in actual physical control of a vessel while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substances shall be admissible. Where such chemical test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily sub stance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;
(2) When a person shall undergo a chemical test at the request of a law enforce ment officer under subsection (e) of this Code section, only a physician, registered nurse, laboratory technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a qualified technician, chemist, reg istered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer;
(4) Upon request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Code section; and
(5) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood. (d) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating or in actual physical con trol of a moving vessel while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presump tions:
(1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcohol;
(2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any pre sumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol;
(3) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alco hol; and
(4) If there was at that time 0.12 percent or more by weight of alcohol in the person's blood, the person shall be in violation of paragraph (4) of subsection (a) of this Code section. (e) The State of Georgia considers that persons who are under the influence of alco hol or drugs while operating a vessel on the waters of this state constitute a direct and

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immediate threat to the welfare and safety of the general public. Therefore, any person who operates a vessel upon the waters of this state shall be deemed to have given con sent, subject to subsections (c) and (d) of this Code section, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating or in physical control of a vessel while under the influence of alcohol or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol or any drug. Subject to subsections (c) and (d) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered.
(f) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (e) of this Code section, and the test or tests may be administered subject to subsections (c) and (d) of this Code section.
(g) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence.
(h) In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to deter mine blood alcohol concentration (BAG) or the presence of drugs be performed on the dead person or persons and that the results of such test be properly recorded in his report.
(i) No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.
(j) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol or drugs.", and inserting in lieu thereof a new Code Section 52-7-12 to read as follows:
"52-7-12. (a) No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
(2) Under the influence of any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
(3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
(4) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operat ing, navigating, steering, driving, manipulating, or being in actual physical control ended; or
(5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21,

MONDAY, MARCH 23, 1992

3089

present in the person's blood or urine, or both, including the metabolites and deriva tives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violat ing this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Upon trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical anal ysis of the person's blood, urine, breath, or other bodily substances, shall be admissible. Where such chemical test is made, the following provisions shall apply:
(1) Chemical analysis of the person's blood, urine, breath, or other bodily, sub stance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences;
(2) When a person shall undergo a chemical test at the request of a law enforce ment officer under subsection (e) of this Code section, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, pro vided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;
(3) The person tested may have a physician or a qualified technician, chemist, reg istered nurse, or other qualified person of his or her own choosing administer a chemi cal test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not pre clude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and
(4) Upon request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to such person or such person's attorney. The arresting officer at the time of arrest shall advise the person arrested of his or her rights to a chemical test or tests according to this Code section. (d) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily sub stance, shall give rise to the following presumptions:
(1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section;

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(2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section;
(3) If there was at that time an alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of this Code section; and
(4) If there was at that time or within three hours after operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operating, navigating, steering, driving, manipulat ing, or being in actual physical control ended an alcohol concentration of 0.10 or more grams, the person shall be in violation of paragraph (4) of subsection (a) of this Code section. (e) The State of Georgia considers that persons who are under the influence of alco hol or drugs while operating a vessel on the waters of this state constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a vessel upon the waters of this state shall be deemed to have given con sent, subject to subsections (c) and (d) of this Code section, to a chemical test or tests of his or her blood, breath, or urine or other bodily substances for the purpose of deter mining the alcoholic or drug content of his or her blood if arrested for any offense aris ing out of acts alleged to have been committed while the person was operating, navigating, steering, driving, manipulating, or in actual physical control of a moving ves sel, moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol or any drug. Subject to subsections (c) and (d) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered. (f) Any person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (e) of this Code section, and the test or tests may be administered subject to subsections (c) and (d) of this Code section. (g) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence. (h) In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to deter mine blood alcohol concentration (BAG) or the presence of drugs be performed on the dead person or persons and that the results of such test be properly recorded in his or her report. (i) No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. (j) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol or drugs."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

MONDAY, MARCH 23, 1992

3091

Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abernathy Y Adams Y Aiken Y Alford Y Ashe Y Atkins Y Baker Y Balkcom Y Barfoot Y' Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Cauthorn Y Chafin Y Chambless Y Cheeks Y Childers

Y Clark.E Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.D Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin E Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris.J

Y Heard Y Henson Y Herbert Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee YLong
Lord Y Lucas Y Mann Y Martin Y McBee Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam

Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Presley Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield

Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Williams.R 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 substi tute.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 113. By Representative Lane of the 27th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions applicable to the General Assembly, so as to require a copy of local bills annexing territory to a municipality to be provided to the governing authority of the county.

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 applicable to the General Assembly, so as to require a copy of local

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bills annexing territory to a municipality to be provided to the governing authority of the county; to amend Code Section 36-35-2 of the Official Code of Georgia Annotated, relating to incorporation, dissolution, or merger of municipalities and changes in municipal bound aries, so as to change the time limitation relative to the annexation of property which had been deannexed by local Act of the General Assembly; to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to the annexation of territory by municipalities, so as to comprehensively revise the provisions relating to such annexation; to establish procedures applicable to annexation; to prohibit creation of unincorporated islands; to provide for annexation of unincorporated islands; 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 28 of the Official Code of Georgia Annotated, relating to general provisions applicable to the General Assembly, is amended by adding a new Code Section 28-1-14.1 to read as follows: "28-1-14.1. A copy of any local bill which proposes to annex unincorporated land to a municipality shall be provided to the governing authority of the county within which the area proposed to be annexed is located at the time the notice required by Code Sec tion 28-1-14 is published; otherwise such annexation shall be void. Provided, however, any such bill shall be subject to amendment during the legislative process without affecting its validity." Section 2. Code Section 36-35-2 of the Official Code of Georgia Annotated, relating to incorporation, dissolution, or merger of municipalities and changes in municipal bound aries, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: "(b) Whenever any local Act of the General Assembly deannexes property lying within the boundaries of a municipal corporation, such property shall not be subject to annexation under Chapter 36 of this title by the municipal corporation from which the property was deannexed for a period of f-ive three years from such deannexation." Section 3. Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to the annexation of territory by municipalities, is amended by striking said chapter in its entirety and substituting in lieu thereof a new Chapter 36 to read as follows:
"CHAPTER 36 ARTICLE 1
36-36-1. The procedures set forth in this article shall apply to all annexations pursu ant to this chapter and to annexation by local Act of the General Assembly.
36-36-2. (a) Except as provided in subsection (b) of this Code section, and unless otherwise agreed by joint resolution of the county governing authority and the governing authority of the municipality annexing land, all annexation shall become effective on the last day of the calendar quarter during which such annexation occurred.
(b) Where an independent school system exists within the boundaries of a municipal ity, other effective dates may be established by the municipality solely for the purpose of determining school enrollment.
36-36-3. (a) Within 30 days after the effective date by local Act annexing property into a municipality or within 30 days after the effective date of an annexation by ordi nance, the governing authority of the municipality annexing land shall identify the annexed area by providing a map and complete survey by a competent surveyor of the area annexed to the Secretary of State and to the governing authority of the county in which the annexed property is located.
(b) For an annexation pursuant to Article 6 of this chapter, the municipal governing authority may provide, in lieu of the map and complete survey required by subsection (a) of this Code section, a copy of the page or pages from the plat book which identifies the property being annexed or a copy of the tax map or maps in which the property being annexed is located.

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(c) The map and survey of each annexed area required to be provided to the Secre tary of State shall be transmitted to the director of the Elections Division of the Secre tary of State.
36-36-4. (a) The creation of unincorporated islands as described in paragraph (1), (2), or (3) of this Code section shall be prohibited:
(1) Annexation or deannexation which would result in the creation of an unincor porated area with its aggregate external boundaries abutting the annexing municipal-
jtyj
(2) Annexation or deannexation which would result in the creation of an unincor porated area with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or
(3) Annexation or deannexation which would result in the creation of an unincor porated area to which the county would have no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county. (b) When requested by resolution of the county governing authority, a municipality is authorized to provide any service or exercise any function within an unincorporated island. Such authority shall be in addition to any other authority of the municipality to provide extraterritorial services or functions. For purposes of this subparagraph, 'unincorporated island' shall have the same meaning as contained in paragraph (3) of Code Section 36-36-90. 36-36-5. Annexation of an unincorporated island comprised of more than 100 acres shall be annexed only through use of the annexation method provided by Article 3 of this chapter. 36-36-6. Upon accepting an application for annexation pursuant to subsection (a) of Code Section 36-36-21 or a petition for annexation pursuant to Code Section 36-36-32, or upon adopting a resolution calling for an annexation referendum pursuant to Code Section 36-36-57, the governing authority of the annexing municipality shall within five business days give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to iden tify the area. Where the proposed annexation is to be effected by a local Act of the Gen eral Assembly, a copy of the proposed legislation shall m accordance with Code Section 28-1-14.1 be provided to the governing authority of the county wherein the proposed annexation is located at the same time the notice of intent required by state law is pub lished. 36-36-7. (a) Upon receiving notice of a proposed annexation pursuant to Code Sec tion 36-36-6, the county governing authority shall notify the governing authority of the municipality within five business days of receipt of such notice if any county owned public facilities are located in the area proposed to be annexed. (b) Except as otherwise provided in this Code section, ownership and control of county owned public properties and facilities are not diminished or otherwise affected by annexation of the area in which the county owned public property or facility is located. (c) Whenever a municipality annexes land on both sides of a county road right of way, the annexing municipality shall assume the ownership, control, care, and mainte nance of such right of way unless the municipality and the county agree otherwise by joint resolution. (d) Whenever county owned property or a county owned facility within an area annexed by a municipality is no longer usable for service to the unincorporated area of the county as a result of the annexation, the annexing municipality shall be required to acquire said property from the county governing authority under the following condi tions:
(1) The annexation must be final; (2) The county property or facility must be funded by revenues derived from the unincorporated areas of the county and must be used to provide services solely to the unincorporated areas of the county;

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(3) The county adopts a resolution declaring that the property or facility is no longer usable for service to the unincorporated area of the county as a result of the annexation; and
(4) Unless otherwise provided by mutual agreement, the county shall be compen sated in an amount equal to the fair market value of the property or facility which is no longer usable for service to the unincorporated area. If the county and munici pality fail to agree as to the fair market value of the property or facility within 180 days following adoption of the resolution required by paragraph (3), the question of fair market value shall be submitted to a special master appointed by the superior court of the county in which the property or facility is located for determination of value. 36-36-8. No annexation shall invalidate any utility service agreement between a county and an annexing municipality in effect on the effective date of this chapter, except by mutual written consent. 36-36-9. All notices to a municipal or county governing authority required pursuant to this chapter shall be sent by certified mail return receipt requested.
ARTICLE Jr ARTICLE 2 36-36-1 36-36-20. As used in this article, the term 'contiguous area' means any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal cor poration or some other political subdivision, by lands owned by this state, or by the def inite width of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed. If, at the time annexation procedures are initiated, the entire area to be annexed is owned by the municipal governing author ity to which the area is to be annexed and if the annexation of municipally owned prop erty is approved by resolution of the governing authority of the county wherein the property is located, then the term 'contiguous area' shall mean any area which, at the time annexation procedures are initiated, abuts directly on the municipal boundary or which would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width or by the length of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation which divides the municipal boundary and any area proposed to be annexed. 36-36-2 36-36-21. (a) Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing corporate limits thereof unincorporated areas contiguous to the existing corporate limits at the time of such annexation2 in accordance with the procedures provided in this article and in Article 1. of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, pro posed to be annexed, containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the munic ipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipal corporation, a complete survey by a competent surveyor, net HGcc998.niy & comity 311rVGyor, snftii oe iHcd ts ft psrt of toe OPQiu&ncc Qnncxing the
tiofi, sfi&ll DC tiled wi*ti tfte occrctftFy of fetste ot tins 8t8te sn iclcntiiic&tion or property so annexed shall be filed with the Secretary of State and with the authority of the county in which the property is located in accordance with Code Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within the cor porate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by special local Act of the General Assembly.

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(b) This article shall not apply to any municipal corporation within a county having a population of 100,000 or more persons according to the United States decennial census of 1960 or any future such census.
ARTICLE 2 ARTICLE 3
36-36-20 36-36-30. As used in this article, the term 'municipal corporation' means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1960 or any future such census.
36-36-21 36-36-31. (a) As used in this article, the term 'contiguous area' means any area of which at least one-eighth of the aggregate external boundary, at the time annex ation procedures are initiated, directly abuts the municipal boundary. Any area shall also be a 'contiguous area' if at least one-eighth of its aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of (1) any street or street right of way, (2) any creek or river, or (3) any right of way of a railroad or other public service corporation.
(b) For purposes of determining an area's aggregate external boundary, all real prop erty which, at the time annexation procedures are initiated, (1) is owned by the same person who owns real property in the area to be annexed, (2) adjoins to any extent such owner's real property in the area to be annexed, (3) is in the same county as the real property in the area to be annexed, and (4) is not included within the boundaries of any municipal corporation shall have its area included in determining the aggregate external boundary of the area to be annexed.
36-36-22 36-36-32. (a) Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing corporate limits thereof unincorporated areas which are contiguous to the existing corporate limits at the time of such annexationj in accordance with the procedures provided in this article and in Article 1. of this chapter, upon the written and signed application of not less than 60 percent of the electors resident in the area included in any such application and of the owners of not less than 60 percent of the land area, by acreage, included in such applica tion. The authority granted in this Code section is in addition to existing authority and is intended to provide a cumulative method of annexing territory to municipal corpora tions in addition to those methods provided by present law.
(b) Each such application shall contain a complete description of the land proposed to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such lim its.
(c) Each person signing an application for annexation shall also print or type thereon his name, address, and the date of signature. In addition, he shall indicate whether he is a landowner within the area to be annexed, an elector, or both.
(e) (d) For the purpose of determining the percentage of electors signing such appli cation, the municipal governing body shall obtain a list of electors residing in such area from the board of registrars of the county or counties in which the area lies. The list shall be compiled by the board of registrars and provided to the municipal governing body in accordance with Code Section 21-2-243. The municipal governing body shall bear the expense of the preparation of the list in the manner prescribed by such Code section.
{4} (e) For the purpose of determining ownership of the property included within such application, the record titleholder of the fee simple title or his legal representative shall be considered the 'owner' of the property.
(f) Signatures of owners of public roads and other public land within the area to be annexed shall not be required in satisfying the requirements of subsection (a) of this Code section and the acreage of such public properties shall be excluded from acreage calculations pertaining to the landowner approval required by said subsection (a). This

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subsection applies only where the public properties are included in the area to be annexed.
(g) The necessary number of signatures of landowners and electors shall be obtained within one calendar year following the date of the first signature obtained. Failure to collect the required number within the one-year period shall invalidate previously col lected signatures. Nothing in this subsection shall prohibit collection of signatures from the same persons on subsequent applications for annexation.
36-36'23 36-36-33. There shall be no annexation across the boundary lines of any county under this article.
36-36 24 36-36-34. Whenever the governing body of a municipal corporation receives an application pursuant to Code Section 36-36-22 36-36-32, it shall, after investigation, determine whether such application complies with the requirements of this article. If it is determined that the application does not comply with this article, the governing body shall notify in writing the persons presenting the application, stating wherein the appli cation is deficient. If it is determined that the application does comply with this article, the municipal governing body shall proceed to act on the application in accordance with Code Section 36-36-26 36-36-36.
36-36-26 36-36-35. (a) A municipal corporation exercising authority under this arti cle shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section 36-36 26 36-36-36, shall prepare a report setting forth its plans to provide services to the area.
(b) The report required in subsection (a) of this Code section shall include: (1) A map or maps of the municipality and adjacent territory, showing the present
and proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, and the proposed extensions of such mains and outfalls as required in paragraph (2) of subsection (c) of this Code section; and
(2) A statement setting forth the plans of the municipal corporation for extending to the area to be annexed each major municipal service performed within the munici pality at the time of annexation. (c) The plans required in subsection (a) of this Code section shall:
(1) Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on substantially the same basis and in the same manner as such services are provided within the rest of the municipal corporation prior to annexation; but if a water distri bution system is not available in the area to be annexed, the plans must call for rea sonably effective fire protection services until such time as water lines are made available in the area under existing municipal policies for the extension of water lines; and
(2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed within 12 months of the effective date of annexation, so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipal corporation for extending water and sewer lines to individual lots or subdivisions. (d) The report required in subsection (a) of this Code section shall be prepared and made available to the public at least 14 days prior to the public hearing required by Code Section 36-36-36. 36-36 26 36-36-36. (a) The municipal governing body shall hold a public hearing on any application which has been determined to meet the requirements of this article. The hearing shall be held not less than 15 nor more than 45 days from the time the govern ing body makes a determination that the petition is valid. Notice of the time and place of the hearing shall be given in writing to the persons presenting the application and shall be advertised once a week for two consecutive weeks immediately preceding the hearing in a newspaper of general circulation in the municipal corporation and in the area proposed for annexation. (b) At the public hearing all persons resident or owning property in the municipal corporation or in the area proposed for annexation may be heard on the question of the annexation of the area by the municipal corporation.

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(c) Any property owner or elector may withdraw his consent at any time through the date ef in writing postmarked or received within three business days after the public hearing required by this Code section.
86-36-27 36-36-37. (a) If, after the public hearing, the governing body determines that the annexation to the municipal corporation of the area proposed in the application would be in the best interest of the residents and property owners of the area proposed for annexation and of the citizens of the municipal corporation, the area may be annexed to the municipal corporation by the adoption of an annexing ordinance.
(b) The annexing ordinance authorized by subsection (a) of this Code section shall be adopted within 60 days following validation of the signature of the applicants.
36-36-28 36-36-38. (a) When an application pursuant to Code Section 36-36-22 36-36-32 is acted upon by the municipal authorities and the land, by ordinance, is annexed to the municipal corporation, a complete survey by a competent surveyor, net

tion, shall be ftted with the Secretary ef- State ef this state an identification of the annexed property shall be filed with the Secretary of State and with the county in which the property is located in accordance with Code Section 36-36-3.
(b) Municipal ad valorem taxes shall not apply to property within the annexed terri tory until January 1 of the following year.
(c) When so annexed, such lands shall constitute a part of the lands within the cor porate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by special local Act of the General Assembly.
36-36-29 36-36-39. (a) Within 30 days of the effective date of the ordinance annex ing land to the municipal corporation, any resident elector of the area so annexed or of the municipal corporation or any property owner of such area or of the municipal corpo ration may bring a petition for declaratory judgment, in the superior court of the county of the legal situs of the annexing municipal corporation, to determine the validity, in accordance with this article, of the application and the municipal corporation's action thereon. Whenever such a petition is filed, the municipal governing body shall file with the court the record of their official actions in regard to such application and a certified copy of the annexing ordinance.
(b) The judgment of the court on any such petition may declare the annexation ordi nance null and void upon a finding that the application and the municipal corporation's action thereon are not in substantial compliance with this article. Upon a finding that procedural defects or defects in the plan for service to the annexed area exist, the court, where possible, shall frame a judgment to perfect such defect and uphold the ordinance.
(c) Actions provided for in this Code section shall be in accordance with Chapter 4 of Title 9.
(d) Any aggrieved party may obtain a review of a final judgment under this Code section as is provided by law in other cases.
36-36-30 36-36-40. Nothing within this article shall prohibit the municipal corpora tion from requiring the residents of the newly annexed area to use utilities owned by the municipal corporation when they are available.
ARTICLE 3 ARTICLE 4 36-36-40 36-36-50. It is declared to be the intention of the General Assembly in enacting this article to provide a method for annexing to municipal corporations areas which meet the legislative standards established by Code Section 36-36-44 36-36-54. This article is not intended to affect or restrict the present authority of the General Assembly to legislate regarding the annexation of any area contiguous to any municipal corpora tion in this state, nor to limit in any way the authority of the General Assembly to pro vide alternative methods for extending municipal boundaries. This article shall not affect legislation pending on July 1, 1970. 36-36'41 36-36-51. It is declared to be the policy in this state:
(1) That municipal corporations are created for the purpose of providing local gov ernmental services and for ensuring the health, safety, and welfare of persons and the

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protection of property in areas being used primarily for residential, commercial, indus trial, and institutional purposes;
(2) That the orderly growth of municipal corporations, based on the need for municipal services and the ability of the municipal corporation to serve, is essential to the economic progress of the state and to the well-being of its urban citizens;
(3) That the extension of municipal boundaries to accomplish orderly growth should be in accordance with standards established by the General Assembly; and
(4) That any areas included within municipal boundaries under this article should receive all services provided by the annexing municipal corporation as soon as possible after coming within its boundaries. 36-36-42 36-36-52. As used in this article, the term:
(1) 'Contiguous area' means any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right of way, a creek or river, the right of way of a railroad or other public service corporation, lands owned by the municipal corporation or some other political subdivision, or lands owned by this state.
(2) 'Used for residential purposes' refers to any lot or tract five acres or less in size on which is constructed a habitable dwelling unit. 36-36-43 36-36-53. The governing body of any municipal corporation may extend the corporate limits of the municipal corporation to include any area which meets the stan dards of Code Section 36-36 46 36-36-56, under the conditions and procedure provided in this article and in accordance with the procedures provided in Article 1 of this chap ter. 36-36-44 36-36-54. (a) A municipal governing body may extend the municipal cor porate limits to include any area:
(1) Which meets the general standards of subsection (b) of this Code section; and (2) Every part of which meets the requirements of either subsection (c) or subsec tion (d) of this Code section. (b) The total area to be annexed must meet the following standards on the date of the adoption of the resolution: (1) It must be adjacent or contiguous to the municipal corporation's boundaries at the time the annexation proceeding is begun; (2) At least one-eighth of the aggregate external boundaries of the area must coin cide with the municipal boundary; (3) No part of the area shall be included within the boundary of another municipal corporation or county; and (4) No part of the area shall, at the time notice of public hearing is given in accordance with Code Section 36-36-47 36-36-57, be receiving either water service or sewer service, or both, and also either police protection or fire protection from any unit of government other than the municipal corporation proposing annexation. This requirement may be waived by written agreement of the municipal corporation pro posing annexation and of the other unit of government affected. Where a waiver of this requirement is applicable, a copy of the agreement shall be made a part of the report required by Code Section 36-36-46 36-36-56. Where contracts exist between counties and municipal corporations, both government entities must agree by mutual consent prior to annexation. (c) Except as provided in subsection (d) of this Code section, the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which, on the date of the adoption of the annexation resolution, has a total resident population equal to at least two persons for each acre of land included within its boundaries and is subdivided into lots and tracts such that at least 60 percent of the total acreage consists of lots and tracts five acres or less in size and such that at least 60 percent of the total number of lots and tracts are one acre or less in size. (d) In addition to areas developed for urban purposes, a governing body may include in the area to be annexed any area which does not meet the requirements of subsection (c) of this Code section if such area lies between the municipal boundary and an area developed for urban purposes such that the area developed for urban purposes is either

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not adjacent to the municipal boundary or cannot be served by the municipal corpora tion without extending services and water and sewer lines through the sparsely devel oped area and, if such area is adjacent, on at least 60 percent of its external boundary to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection (c) of this Code section.
(e) In fixing new municipal boundaries, a municipal governing body shall, wherever practical, use natural topographic features, such as ridge lines, streams, and creeks, as boundaries. If a street is used as a boundary, the governing body shall, wherever practi cal, include within the municipal corporation land on both sides of the street; such out side boundary may not extend more than 200 feet beyond the right of way of the street, except to include all of a lot or parcel of land partially within 200 feet of the right of way.
36-36-46 36-36-55. In determining population and degree of land subdivision for pur poses of meeting the requirements of Code Section 36 36-44 36-36-54, the municipal cor poration shall use methods calculated to provide reasonably accurate results. In determining, on appeal to the superior court, whether the standards set forth in Code Section 36 36-44 36-36-54 have been met, the reviewing court shall accept the estimates of the municipal corporation:
(1) As to population, if the estimate is based on the number of dwelling units in the area multiplied by the average family size in the area or in the county or counties of which the area is a part, as determined by the last preceding federal census or based on a new enumeration carried out under reasonable rules and regulations by the annexing municipal corporation, provided that the court shall not accept such esti mates if the petitioner on appeal demonstrates that the estimates are in error in the amount of 10 percent or more;
(2) As to total area, if the estimate is based on an actual survey, on county tax maps or records, on aerial photographs, or on some other reasonably reliable map used for official purposes by a governmental agency, unless the petitioner on appeal demon strates that the estimates are in error in the amount of 5 percent or more; and
(3) As to degree of land subdivision, if the estimates are based on an actual survey, on county tax maps or records, on aerial photographs, or on some other reasonably reliable source, unless the petitioner on appeal shows that the estimates are in error in the amount of 5 percent or more. 36-36-46 36-36-56. (a) A municipal corporation exercising authority under this arti cle shall make plans for the extension of services to the area proposed to be annexed and, prior to the public hearing provided for in Code Section 36-36 47 36-36-57, shall prepare a report setting forth its plans to provide services to such area. (b) The report required in subsection (a) of this Code section shall include:
(1) A map or maps of the municipal corporation and adjacent territory, showing the present and proposed boundaries of the municipal corporation, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls as required in paragraph (3) of this Code section, and the gen eral land use pattern in the area to be annexed;
(2) A statement showing that the area to be annexed meets the requirements of Code Section 36-36-44 36-36-54; and
(3) A statement setting forth the plans of the municipal corporation for extending to the area to be annexed each major municipal service performed within the munici pality at the time of annexation. (c) The plans required in subsection (a) of this Code section shall:
(1) Provide for extending police protection, fire protection, garbage collection, and street maintenance services to the area to be annexed, on the date of annexation, on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. If a water distribution system is not available in the area to be annexed, the plans must call for reasonable, effective fire protection services until such time as water lines are made available in such area under existing municipal policies for the extension of water lines;
(2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed so that when such lines are constructed property owners in

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the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions;
(3) If extension of major trunk water mains and sewer outfall lines into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains and outfalls as soon as possible following the effective date of annexation. In any event, the plans shall call for contracts to be let and construction to begin within 18 months following the effective date of annexation; and
(4) Set forth the methods under which the municipal corporation plans to finance extension of services into the area to be annexed. 36-36-47 36-36-57. (a) Any municipal governing body desiring to annex territory pursuant to this article shall first pass a resolution stating the intent of the municipal corporation to consider annexation. The resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on the question of annexa tion. The date for the public hearing shall be not less than 30 days and not more than 60 days following passage of the resolution. The notice of the public hearing shall (1) fix the date, hour, and place of a public hearing, (2) describe clearly the boundaries of the area under consideration, and (3) state that the report required in Code Section 36-36 46 36-36-56 will be available at the office of the municipal clerk at least 14 days prior to the date of the public hearing. The notice shall be given by publication in a newspaper having general circulation in the municipality once a week for three succes sive weeks prior to the date of the hearing. The date of the last publication shall be not more than seven days preceding the date of public hearing. If there is no such newspa per, the municipal corporation shall post the notice in at least three public places within the municipality and in at least three public places in the area to be annexed for 30 days prior to the date of the public hearing. (b) At least 14 days before the date of the public hearing, the governing body shall approve the report provided for in Code Section 36-86-46 36-36-56 and shall make it available to the public at the office of the municipal clerk. In addition, the municipal corporation may prepare a summary of the full report for public distribution. (c) At the public hearing, a representative of the municipal corporation shall first make an explanation of the report required in Code Section 36-36-46 36-36-56. Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing and all residents of the municipality shall be given an opportunity to be heard. 36 36-48 36-36-58. The municipal corporation shall issue a call for a referendum to ratify or reject the adoption of the annexation resolution. The referendum shall be held not less than 30 days nor more than 60 days after the date of the public hearing required by Code Section 36-36-47 36-36-57. The referendum shall be held, insofar as possible, under the procedures set forth in Chapter 3 of Title 21 for special elections. Only those persons registered to vote for members of the General Assembly residing, on the date of the adoption of the resolution, in the proposed area to be annexed shall vote in the referendum. If a majority of those voting vote in favor of annexation, the area shall become a part of the corporate limits of the municipality, but not otherwise. If a majority of those voting vote against the annexation, a period of two years must elapse before annexation of the same area or any portion thereof may be attempted again under authority of this article. 36-36-40 36-36-59. Whenever the limits of a municipal corporation are enlarged in accordance with this article, it shall be the duty of the mayor of the municipal corpora tion to cause an accurate map el the annexed territory, together wrtfe ft copy ef- the rcsolution duiy ccrtiiiccl, to i&e recorded tft trie oiiicc ot ttic pcgistrflr ot deeds OT wie county
an identification of the annexed territory is to be filed with the Secretary of State and with the governing authority of the county in which the property is located in accord ance with Code Section 36-36-3.
36-36-60 36-36-60. Any municipal corporation initiating annexations under this arti cle is authorized to make expenditures for surveys required to describe the property

MONDAY, MARCH 23, 1992

3101

under consideration or for any other purpose necessary to plan for the study and annex ation of unincorporated territory adjacent to the municipal corporation. In addition, fol lowing final passage of the annexation ordinance, the annexing municipal corporation shall have authority to proceed with expenditures for construction of water and sewer lines and other capital facilities and for any other purpose calculated to bring services into the annexed area in an effective and expeditious manner prior to the effective date of annexation.
36-36-61 36-36-61. This article shall not apply to any territory which has been a part of a municipal corporation for three years immediately preceding July 1, 1970, and which has been or is in the process of being deannexed from the corporate limits of any such municipal corporation.
ARTICLE 4 ARTICLE 5 36-36-70. (a) The government of no municipality of this state may annex to the existing corporate limits of such municipality any unincorporated area in which water, sewerage, police protection, fire protection, and garbage or refuse collection is furnished or is to be furnished by the county in which such unincorporated area is situated, or where the county has included such unincorporated area in a comprehensive zoning plan of the county, without first obtaining the approval of the governing authority of the county in which such unincorporated area is situated. Such approval must be obtained by an official act of the governing authority of the county and must be duly recorded upon the minutes of such body. The owner of any real property situated in such county shall have the right to enjoin any municipality which has not obtained the required approval of the governing authority of the county from exercising any municipal powers, functions, or duties over the unincorporated area improperly sought to be annexed to the existing corporate limits by an action for injunction filed in the superior court of the county in which the territory proposed for annexation is situated. (b) The provisions of this Code section shall apply only to those counties of this state having a population of not less than 480,000 and not more than 580,000 according to the United States decennial census of 1980 or any future such census.
ARTICLE 6 36-36-90. As used in this article, the term:
(1) 'Contiguous area' means any unincorporated area which, on or after January 1^ 1991, had an aggregate external boundary directly abutting a municipal boundary. Any area shall be considered 'contiguous' if the aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of:
(A) Any street or street right of way; (B) Any creek or river; or (C) Any right of way of a railroad or other public service corporation. (2) 'Municipal corporation' means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1980 or any future such census. (3) 'Unincorporated island' means: (A) An unincorporated area in existence on January 1, 1991, and consisting of 100 acres or less with its aggregate external boundaries abutting the annexing municipality; (B) An unincorporated area in existence as of January l 1991, and consisting of 100 acres or less with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or (C) An unincorporated area in existence as of January 1^ 1991, and consisting of 100 acres or less which the county governing authority has by resolution adopted not later than 90 days following July 1^ 1992, that identifies any unincorporated area of the county to which the county has no reasonable means of physical access

3102

JOURNAL OF THE HOUSE,

for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county. 36-36-91. For the purposes of determining the aggregate external boundary of an unincorporated area, all real property in the area to be annexed, which at the time the annexation procedures are initiated, (1) is unincorporated, and (2) is in the same county as the annexing municipal corporation, shall have its area included in determining the aggregate external boundary. 36-36-92. (a) The governing body of each municipal corporation of the state may annex to the existing corporate limits thereof unincorporated islands which are contigu ous to the existing limits at the time of such annexation upon compliance with the pro cedures set forth in this article and in accordance with the procedures provided in Article 1 of this chapter. (b) Annexation of unincorporated islands as authorized in subsection (a) of this Code section shall be accomplished by ordinance at a regular meeting of the municipal govern ing authority, upon receipt of the written and signed application of not less than 60 per cent of the electors resident in the area included in any such application and of the owners of not less than 60 percent of the land area, by acreage, included in such applica tion. After the adoption of the annexation ordinance, an identification of the property annexed shall be filed with the Secretary of State and with the governing authority of the county in which the property is located, in accordance with Code Section 36-36-3. (c) Annexation of an unincorporated island as authorized by subsection (a) of this Code section, which unincorporated island directly abuts more than one municipality, shall be by the municipality which abuts the unincorporated island along the greatest percentage of its external boundary as provided in this Code section, unless otherwise agreed to by the affected municipalities. (d) Annexations under this article shall be at the sole discretion of the governing body of each municipality. (e) The provisions of this article with regard to annexation of unincorporated islands is severable as to each city and to the annexation of each unincorporated island therein. The implementation of each annexation pursuant to this article is contingent upon preclearance of each annexation by the U. S. Justice Department pursuant to Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973(c). Any City annexing an unincorpo rated island pursuant to this article shall submit such annexation to the U. S^ Justice Department for preclearance not later than sixty (60) days following the date of adop tion of the annexation ordinance by the municipal governing authority." Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 27th moved that the House disagree to the Senate substi tute to HB 113.
The motion prevailed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Judiciary and referred to the Committee on State Planning and Community Affairs.

SB 794. By Senator Tysinger of the 41st: A bill to amend Code Section 15-12-11 of the Official Code of Georgia Anno tated, relating to the appointment of court personnel in certain counties, so as to change the population figure designating the counties in which the judges of the superior court are authorized to appoint a jury clerk.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Industry and referred to the Committee on State Planning and Community Affairs.

MONDAY, MARCH 23, 1992

3103

SB 793. By Senator Tysinger of the 41st: A bill to amend Code Section 48-5-354 of the Official Code of Georgia Anno tated, relating to exemption of certain salesmen and merchants from munici pal taxes and license fees, so as to change the population figure designating the counties to which said Code section is applicable.

By unanimous consent, the following Bills of the Senate were withdrawn from the General Calendar and referred to the Committee on Governmental Affairs:

SB 684. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Code Section 21-3-10 of the Official Code of Georgia Anno tated, relating to the authority for a county to conduct municipal elections, so as to change the provisions relating to population brackets and the United States decennial census in order to provide for continued applicability of cer tain provisions relating to the conduct of certain municipal elections and the payment of the costs related thereto.

SB 740. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 21-3-134 of the Official Code of Georgia Anno tated, relating to municipalities' lists of electors, so as to change the popula tion figures describing those counties in which registered voters residing within certain municipalities shall be added to the municipality's voter regis tration list.

SB 754. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 21-3-133 of the Official Code of Georgia Anno tated, relating to purging of a municipality's list of electors, so as to change the population figures describing the counties which encompass municipali ties which shall affix postage to return cards for continuance of registration.

SB 796. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-233 of the Official Code of Georgia Anno tated, relating to the preparation of the list of electors, so as to change the population brackets.

SB 802. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-213 of the Official Code of Georgia Anno tated, relating to the qualifications of registrars and deputy registrars, so as to change the population figure designating the counties in which the board of registrars and elections shall appoint the registrars and deputy registrars of each municipality lying wholly within the boundaries of any such county as deputy registrars of such county.

SB 807. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-211 of the Official Code of Georgia Anno tated, relating to the appointment and compensation of county registrars, so as to change the population figure to provide that in certain counties the governing authority of the county shall appoint the county registrars; to pro vide an effective date.

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JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the Senate were withdrawn from the Committee on Governmental Affairs and referred to the Committee on State Planning and Community Affairs - Local:

SB 684. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Code Section 21-3-10 of the Official Code of Georgia Anno tated, relating to the authority for a county to conduct municipal elections, so as to change the provisions relating to population brackets and the United States decennial census in order to provide for continued applicability of cer tain provisions relating to the conduct of certain municipal elections and the payment of the costs related thereto.

SB 740. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 21-3-134 of the Official Code of Georgia Anno tated, relating to municipalities' lists of electors, so as to change the popula tion figures describing those counties in which registered voters residing within certain municipalities shall be added to the municipality's voter regis tration list.

SB 754. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 21-3-133 of the Official Code of Georgia Anno tated, relating to purging of a municipality's list of electors, so as to change the population figures describing the counties which encompass municipali ties which shall affix postage to return cards for continuance of registration.

SB 796. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-233 of the Official Code of Georgia Anno tated, relating to the preparation of the list of electors, so as to change the population brackets.

SB 802. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-213 of the Official Code of Georgia Anno tated, relating to the qualifications of registrars and deputy registrars, so as to change the population figure designating the counties in which the board of registrars and elections shall appoint the registrars and deputy registrars of each municipality lying wholly within the boundaries of any such county as deputy registrars of such county.

SB 807. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-211 of the Official Code of Georgia Anno tated, relating to the appointment and compensation of county registrars, so as to change the population figure to provide that in certain counties the governing authority of the county shall appoint the county registrars; to pro vide an effective date.

Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker:

MONDAY, MARCH 23, 1992

3105

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 rec ommendation:
HR 1113 Do Pass Respectfully submitted,
M Lee of the 72nd Chairman

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1113.

By Representatives Powell of the 13th and Clark of the 13th: A resolution commending the Hart County High School girls' basketball team and inviting the team and coaches to appear and be recognized before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 1116.

By Representatives Merritt of the 123rd, Bordeaux of the 122nd, Pelote of the 127th, Hamilton of the 124th, Mueller of the 126th and others: A resolution commending the Sol C. Johnson High School "Atomsmashers" Basketball Team and inviting them to appear.

HR 1117.

By Representatives Smith of the 152nd, Dixon of the 151st, Blitch of the 150th and Streat of the 139th: A resolution commending Myra Johns of the Waycross Journal Herald.

HR 1118.

By Representatives Smith of the 152nd, Streat of the 139th, Dixon of the 151st and Blitch of the 150th: A resolution commending the members of the country music band known as "Borderline".

HR 1119. By Representative Smith of the 152nd: A resolution commending Ms. Mildred Peterson.

HR 1120. By Representatives Parham of the 105th and Lord of the 107th: A resolution commending Central State Hospital in Milledgeville, Georgia.

HR 1121. By Representative Thomas of the 55th: A resolution recognizing the National Junior Beta Club of Sky Haven Ele mentary School.

HR 1122. By Representatives Vaughan of the 20th, Aiken of the 21st, Clark of the 20th, Atkins of the 21st, Coker of the 21st and others: A resolution commending Carl Harrison High School.

HR 1123. By Representative Birdsong of the 104th: A resolution commending Harold Alien Mills.

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JOURNAL OF THE HOUSE,

HR 1124. By Representative Buck of the 95th: A resolution commending the University System of Georgia Outstanding Scholars on Academic Recognition Day.

HR 1125. By Representatives Buck of the 95th, Taylor of the 94th, Culbreth of the 97th, Harris of the 96th, Moultrie of the 93rd and others: A resolution honoring the Metro Columbus Urban League on the occasion of its twentieth anniversary.

HR 1126. By Representative Pelote of the 127th: A resolution recognizing the 22nd Annual Cousins Family Reunion.

HR 1127. By Representative Thomas of the 31st: A resolution recognizing the National Urban Affairs Council, Inc.

HR 1128. By Representative Powell of the 13th: A resolution commending the Optimist Club of Hartwell.

HR 1129. By Representative Powell of the 13th: A resolution commending the Kiwanis Golden K #1901.

HR 1131.

By Representative Powell of the 13th: A resolution expressing sympathy at the passing of Robert "Rob" Bruce Fowler.

Representative Kilgore of the 42nd District, Chairman of the Committee on Educa tion, 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 587 Do Pass SB 588 Do Pass SB 777 Do Pass, by Substitute
Respectfully submitted, /s/ Hamilton of the 124th
Vice-Chairman

Representative Holmes of the 28th District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following
Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

MONDAY, MARCH 23, 1992

3107

SB 549 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 28th
Chairman

Representative Smyre of the 92nd 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 687 Do Pass, as Amended SB 831 Do Pass
Respectfully submitted, /s/ Smyre of the 92nd
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 150 Do Pass, by Substitute SB 384 Do Pass, by Substitute

SB 473 Do Pass, as Amended SR 514 Do Pass

Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker: Your Committee on State Planning & Community Affairs 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 660 Do Pass, by Substitute Respectfully submitted,
/s/ Lane of the 27th Chairman

Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE,

Your Committee on Ways & Means has had under consideration the following Resolu tion of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 13 Do Pass, by Substitute Respectfully submitted,
/s/ Dover of the llth Chairman

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

HB 559. By Representatives Smith of the 156th and Green of the 106th: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for a Divi sion of Irrigation Contractors.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1924. By Representative Carter of the 146th: A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected.
The President has appointed on the part of the Senate the following: Senators Perry of the 7th, Echols of the 6th and Hammill of the 3rd.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1261. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others: A bill to make and provide appropriations for the State Fiscal Year July 1, 1992 June 30, 1993.

The following communication was received:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons who have registered in the Docket of Legislative Appearances as of March 20, 1992, in accordance with Georgia Law 1970, page 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

MONDAY, MARCH 23, 1992

3109

City of Atlanta, this 20th day of March, in the year of our Lord One Thousand Nine Hundred and Ninety-Two and of the Independence of the United States of America the Two Hundred and Sixteenth.

(SEAL)

/a/ Max Cleland Secretary of State

Patricia J. Ellis (1595) 3411 Austell Road Bldg. 1 Suite 200 Marietta, GA 30060 Georgia School Plant Maintenance Joni Jackson (1597) 115 Fifth Street Atlanta, GA 30303 American Cancer Society /
GA Division Donald M. Leebern, Jr. (1596) 255 Villanova Drive, S.W. Atlanta, GA 30337 Georgia Crown Distributing Co. De'Wayne La'Mar Richardson (1599) 627 5th Avenue Columbus, GA 31907 Modern Free and Accepted Mason of
the World, Incorporated Home Detention Services T. L. John Selmon (1594) P. 0. Box 869 Ringold, GA 30736 Ringold Telephone Company

John L. Taylor, Jr. (1598) 3399 Peachtree Rd. Ste 1700, Lenox Bldg. Atlanta, GA 30326 World Wrestling Federation Distilled Spirits Institute of
the United States
Donald C. Yarn (1592) P. O. Box 1561 Stone Mountain, GA 30086 Independent Lobbyist for
Fathers (Custodial) Rights
Claudia B. Ward (1593) P. O. Box 869 Ringold, GA 30736 Ringold Telephone Company
Bill Wells (1591) 254 Washington Street Atlanta, GA 30334 Ga. Hazardous Waste
Management Authority

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.